HomeMy WebLinkAbout1999 04-06 CC AGENDA PKTAGENDA OF A REGULAR MEETING
NATIONAL CITY CITY COUNCIL
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REGULAR MEETING - TUESDAY APRIL 6, 1999 - 3:00 P.M.
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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 REGULAR MEETING OF MARCH 23,
1999.
COUNCIL AGENDA
4/6/99 Page 2
MAYOR'S PRESENTATION
City Employee
PUBLIC HEARING
1. Public Hearing - Modification of a zone variance to delete a Condition of
Approval requiring a trash enclosure at St. Anthony's Church, 1816 Harding
Avenue. Case File No.: M1-Z-1997-2. (Planning)
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. 99-34
Resolution of the City Council of the City of National City authorizing the Mayor
to execute an Agreement with Blaylock Engineering Group for a seismic
evaluation of the Civic Center building. (Building & Safety)
3. Resolution No. 99-35
Resolution of the City Council of the City of National City initiating procedures
for a reorganization to be known as the La Vista Memorial Reorganization.
(AN-1999-1) (Planning)
4. Resolution No. 99-36
Resolution of the City Council of the City of National City approving the
appropriation and transfer of funds to cover the LAFCO application fee for the
La Vista Memorial Park Reorganization. (AN-1991-1) (Planning)
COUNCIL AGENDA
4/6/99 Page 3
CONSENT CALENDAR (Cont.)
5. Resolution No 99-37
Resolution of the City Council of the City of National City rejecting all bids
received for the improvements of the El Toyon Park Ballfield. (Engineering
Spec. 99-7) (Engineering)
6. Recommendation on American's with Disabilities Act-ADA Revenue Allocation
Funding. (National City Transit)
7. Street Tree Committee Minutes. (Parks and Recreation)
NON CONSENT RESOLUTIONS
8 Resolution No. 99-38
Resolution of the City Council of the City of National City authorizing the Mayor
to execute an Agreement between the City of National City and Tritech
Software Systems for a Computer Aided Dispatch and Records Management
System for the Police Department. (Police)
9. Resolution No. 99-39
Resolution of the City Council of the City of National City authorizing the Mayor
to execute a franchise agreement with Metricom, Inc. to install poletop radio
transceivers in the City's public right-of-way. (Engineering)
NEW BUSINESS
10. Legislative Advocacy Services - Approval of Request for Proposals. (City
Manager)
COUNCIL AGENDA
4/6/99 Page 4
NEW BUSINESS (Cont.)
11. Temporary Use Permit - Maytime Band Review Corporation. (Building &
Safety)
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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
4/6/99 Page 5
NEW BUSINESS (Cont.)
ADJOURNMENT
Next Regular City Council Meeting — April 13, 1999 at 6:00 p.m. - Council
Chambers, Civic Center.
TAPE RECORDINGS OF EACH CITY COUNCIL MEETING
ARE AVAILABLE FOR SALE AND TO LISTEN TO
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Interoffice
Memo
Date: 03/30/99
To: CITY MANAGER
CC: JIM RUIZ
From: MAYOR WATERS
RE: COUNCIL AGENDA FOR MEETING OF APRIL 6, 1999 AT 3:00 P.M.
Add to Councii Agenda:
MAYOR'S PRESENTATION
CITY EMPLOYEE
0 .'30: o9
City of National City, California
COUNCIL AGENDA STATEMENT
April 6, 1999
MEETING DATE
ITEM TITLE PUBLIC HEARING - MODIFICATION OF A ZONE VARIANCE TO DEL L;I'I✓ A CONDI- "N,
TION OF APPROVAL REQUIRING A TRASH ENCLOSURE AT ST. ANTHONY'S CHURCH, 1816
HEARING AVENUE. CASE FILE NO.: MI-Z-1997-2
PREPARED BY
Ron Santos - Assistant Planner DEPARTMENT Planning
EXPLANATION- in August
Anthony's Parish requests modification of Z-1997-2, a zone variance for parking granted
1997. The variance allowed reconstruction and expansion of a Church assembly hall after its destruction
by fire, with 27 on -site parking stalls, 44 stalls short of current Code requirements. The Church is now
requesting deletion of a -condition of approval requiring construction of a trash enclosure on site. Planning
Commission approved the modification request (M1-Z-1997-2) at a public hearing held November 2,
1998.
Additional information is provided in the attached background report.
1
AGENDA ITEM NO.
Environmental Review X N/A
Financial Statement N/A
Account No.
STAFF RECOMMENDATION �,
Staff concurs with the recommendation of the Planning Commission.
BOARD/COMMISSION RECOMMENDATION
The Planning commission voted to approve the request.
Vote: Ayes: Baca. Detzer, Large, Martinelli, Ungab
Abstain: Valderrama
Absent: Martinelli
eTTACHME�ri ( List d eelgw
1. `Rey um�nen�niYi md,n for Appr val Denial;
4. Application Resolution No
Recommended Conditions of Approval 5. Letter In Opposition 7. Applicant's Plans
2. Planning Commission Resolution No. 13-98 6. PC Reso. No. 12-97
Location Map
A-200 (Rev. 9/80)
MI-Z-1997-2
BACKGROUND
In lieu of providing a commercial trash dumpster and enclosure in accordance with staff approved
construction drawings, and as required by a condition of approval of the previously approved
parking variance (#18 - PC Reso. #12-97), the Church proposes to utilize a single 60 gallon trash
receptacle to be stored behind the parish hall.
The Church has stated that, since the discontinuance of Head Start and Senior Citizen's Lunch pro-
grams, it no longer generates trash at levels necessitating a commercial dumpster.
Section 7.10.080 (Enclosures Required) of the Municipal Code requires that all institutional, com-
mercial, industrial and multifamily uses provide an enclosure, except where the Planning Commis-
sion waives the requirement pursuant to a finding that the use does not generate a need for exterior
trash receptacles, or in cases where trash generated can be stored in containers with a cumulative
capacity of no more than 60 gallons. There is no variance procedure provided in the Code for
waiver of Title 7 requirements.
The Council may consider as a point of reference on this matter that, according to the City's trash
service provider (EDCO), single-family residential properties are typically provided with a single
90 gallon container and small tub for mixed recycling. EDCO has advised that, as of March 22,
1999, the Church is subscribing to trash service for a single 90 gallon container.
In approving the request, the Commission determined that the condition of approval requiring a
trash enclosure was not needed since the applicant stated an intent to comply with Title 7 require-
ments. The Commission adopted a condition of approval requiring conformance with Title 7's 60
gallon maximum cumulative capacity limitation on outdoor storage of trash outside of an enclo-
sure. This condition and a requirement for recording of a notice of restriction on real property are
provided as recommended conditions of approval for Council consideration. To date, the Church
has not recorded the notice of restriction for the original variance as required by conditions of ap-
proval.
At the Commission hearing, testimony in support of the request was received from Church repre-
sentatives and members. One letter in opposition to the proposed modification was received prior
to the Planning Commission's public hearing.
M1-Z-1997-2
RECOMMENDED FINDINGS FOR APPROVAL
1. That condition of approval #18 -Planning Commission Resolution #12-97, is not necessary to
ensure that Zone Variance No. Z-1997-2 will not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity and zone in which such
property is situated, and doesn't affect reasons for any findings made for approval of the
parking variance.
2. The condition is not needed for enforcement of Title 7, since the applicant expects to store trash
in one 60 gallon container.
RECOMMENDED FINDINGS FOR DENIAL
1. That the use(s) intended at 1816 Harding Avenue has significant potential to generate a need for
exterior trash receptacles.
RECOMMENDED CONDITIONS OF APPROVAL
1. The storage of exterior trash receptacles in excess of 60 gallons cumulative capacity shall be
prohibited, excepting any receptacles stored in an approved enclosure in accordance with
National City Municipal Code Title 7.
2. Before this Variance Modification becomes effective, the applicant shall sign and have
notarized an Acceptance Form, provided by the Planning Department, acknowledging and
accepting all conditions imposed upon approval of this Variance Modification. Failure to
return the signed and notarized Acceptance Form within 30 days of its receipt shall automati-
cally nullify the Variance Modification. 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
Ml-Z-1997-2 are binding on all present and 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.
RESOLUTION NO. 13-98
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA.
APPROVING A ZONE VARIANCE MODIFICATION TO DELETE A
CONDITION OF APPROVAL REQUIRMG A TRASH ENCLOSURE AT ST.
ANTHONY'S CHURCH. 1816 HAR.DI'i iG AVENUE.
APPLICANT: SCOTT THOMAS
CASE FILE NO. M1-Z-1997-2
WHERE- = S, the Planning Commission of the City of National City considered a Zone
Variance Moril=r-nion to delete a condition of approval requiring a trash enclosure az St.
Anthony's Chu±.. 1816 Harding Avenue at a duly advertised public hearing held on November
2, 1998, at which Lime oral and documentary evidence was presented; and,
WHEN-S, at said public hearings the Planning Commission considered the snap report
contained in Case File No. M-Z-1997-2, which is maintained by the City and incorporated herein
by reference alma with evidence and testimony at said hearing; and,
WHER= ' this action is taken pursinant to all applicable procedures required by Stare
law and City law; and.
WHERE= _S, the action recited herein is found to be essential for the preservation of
public health, safely, and general welfare.
NOW. REFORE, 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 2, 1998, support the following findings:
1. Condition of aroroval #18 -Planning Commission Resolution 12-97, is not necessary to ensure
that Zone V`iance No. Z-1997-2 will not constitute a *ant of special privileges inconsistent
with the 1ir"—^ons upon other properties in the vicinity and zone in which such property is
situated. and dcesn't affect reasons for any findings made for approval of the parking variance.
2. Condition of approval m18 - Planning Commission Resolution-12-97 is not needed
enforcement of Title 7. since the applicant expects to store a -ash in one 60 gallon container.
far
BE IT - _.7I-ER RESOL`V ED that the application for Zone Varancc vfcdi :cation is
approved sub;ec, to the following_ conditions:
1. Outdoor stora.ze. of trash receptacles shall Pe per only in conformance --vit_ the
re:uire:net:is if Title 7 of the Naacnai vlurjcirai Code. Outdoor storag 'oI a trash
rec2ctaci,2 _ :ceec.^,c 60 .,Bons ca _ Jr outdoor storage of more :hall one �tacle
wit.. a .:.^,:::__ ___ :Ct._... ^acit act w all. sma -. "em ned '.vithot'. enclosure_
are rrcv:o..'._ ...... _
2.
Before this Variance Modification becomes effective, the applicant shail sign and have
notarized an Acceptance Form, provided by the Planning Department, acknowledging and
accepting ail conditions imposed upon approval of this Variance Modification. Failure to
return the sided and notarized Acceptance Form within 30 days of its receipt shad
automatically nullify the Variance Modification. The applicant shall also submit evidence to
the satisfaction of the Planning Director that a Notice of Resaiction on Real Property is
recorded with the County Recorder. The applicant shall pay necessary recorcina re-ss to the
County. The Notice of Restriction shall provide information that conditions imposed by
approval of MI-Z-1997-2 are binding on all present and future interest holders or esra*P
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.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to
the applicant and to the City Council.
BE IT FL ALLY 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, nniess 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 rnny, at that meeting, appe; l the decision of the
Planning Commission and set the matter for public hearing.
CER ICATION:
This certifies that the Resolution was adopted by the Planning Commission at their meeting. of
March I. 1999, by the following vote:
AYES: tTh c--_ LARGE, GODSHILZ, BACA, DEEZ:ER.
NAYS:
ABSENT: .f _,_ _YELL I .
ABSTAIN.: V<=..DER.AM.9.
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NATIONAL CITY, CALIFORNIA.
ZONE VARIANCE
Make checks payable to the City of National
City
File application with the
National Ciry Plannir_o Department
1243 National City Boulevard
National City, California 91950
(619) 336-4310
PLEASE DO NOT USE BLUE INK WI-'—i
COMPLETTiG THIS FORM
FOR DEPARTMENT USE ONLY
t �� r _
Case Number /" I 1 ' 1 / �L
Filing Fee S Receipt No.
Date Received By
E.A.F. Fee-S /t 2
Related Ceres
SEE FILING INSTRUCTIONS AND CHAPTER 18.114 OF THE NATION CITY :t .:VIC:PAL CODE FOR
MORE INFORMATION.
LEGAL DESCRIPTION OF PROPERTY: (Attach if basnr7ciariz space)
-• 1 !S— 24 . c LY So` OF I-. . GOGG !=
MA-P 34g !u 1 G17Y off' Al iGoJN^' G=
5A-AI d 1 E GO , S7 - i 5 O F W /s /i,r s
PROPERTY LOCATION / IG Hk cD / N& A v-,VI11F
between
No. Scree:
and
COMBINED GENERAL PLA, ZONT' G DESIGN:? =;OY ti�L •�
..e `. ar:ance .1cnF:ca::en
Re•.isec June.: oa
>t
REQUEST: The Applicant requests a Zone Variance pursuant to Land Use Code Section
number 7. ( • O SO to use the above described property for the
following purposes (state exactly what is intended to be done on, or with the
property which does not conform with existing zoning regulations):
AM6/IP i ESoG/l770N /2-`t7 FOR Z-1-777-Z
'jO )2g5G/ND GoND 177oN # 1 g 1K5e /fz1NG A TIRA-s/f
ENG�osvR�.
PRESENT OWN(S) of all property included in this application MUST SIGN HERE. (Attach
extra. sheets if necessary).
Name 7* P hla. /1 l lgrrA
Address /� A I uta 4-vs , Address
Ahri o►gaL C, T2,, CA "1 ISM
Date / D / - / / ? ' Date
)/
I, (signature), (date) do
hereby affirm and certify that: I am the APPLICANT and that the statements and answers hereby
submitted are it:e and accurate to the best of my knowledge.
NAME OF APPLICANT (Please type or print) _qc&T Gu• ?r'}'MfS
Mailing Address Ftll tJ JIUE,25 rtY Ale., rUITc A'; ;4-/1 Cle 0, e,14 gzio.
No. Street City ' Stare Zip
Telephone No. 67 f q- 5-4 2 - // /er FAX Ni o. 6' / - '31- c2 - /13-0
Zone z...en
o..
ARC-:
ZAGKauN M+-TfhaMAe-
JEANNE M. ZA6RODNIK
SCOTT N. THOMA5
NATIONAL CITY
PLANNING DEPARTMEN''
OCT 2 7 199a
ZONE VARIANCE AMENDMENT JUSTIFICATION
,-:? .-iv.,rsity Avenue. :_.st A
:_e Die,4o. Caiifornia :Z'03
?lone
Fax 619-: 150
On behalf of St. Anthony of Padua parish, we hereby request that ;Resolution 12-97 fcr a se
file Z-1997-2 be amended to rescind condition #18 requiring a :rash enclosure on site. he
parish intends -to follow the requirements of Section 7.10.08C of the municipal code in icu of
this condition.
Since the closure of the Senior Citizens' Lunch Program several years ago and the mere
- recent cancellation of the Head Start Program on site, the need of St_ Anthony parish does -nor
generate the necessity for a commercial trash receptacle and its accompanying enclosure.
One container with a cumulative capacity of 60 gallons or less is being provided to the parisn
by the EDCO Waste Disposal company and accommodates the disposal of any weekly -rash
generated as a result of activities at the parish. The trash is collected or a weekly basis. ever,
Thursday morning with the container brought out to the curb fcr coilecuon.
Upon review of the above information, we request that the pianninc cirec cr determine that the
parish is not subject to the requirements of Section 7. 10.08C of the municipal code. Eased on
this determination, the parish is not required to provide a trash enclosure. so condition #18 of
the original variance deprives the parish of privileges enjoyed by other property owners
in the vicinity and under identical zoning classifications.
In addition, as indicated on the site plan, because of the size of the sae and the desire :c
maximize on site parking, there is no good location fcr a trash enclosure. if required. a 'cSi
enclosure would either eliminate one parking space or constrict :r�:c and provide an
unsightly street image in violation of the City's design guidelines. The _eietion of this corciticr
wiil lead to a more desirable street image for the neighborhood and ply.
William N. Thornton Jr.
4644 Alamo Dr.
San Diego, CA 92115
November 1, 1998 Case File No.: Ml-Z-1997-2
Mr. Roger G. P,ost
City ofNational City
Planning Department
1243 National City Blvd.
National City, CA 91950 •
Dear Mr. Post:
Handout
Item no. 2
November 2, 1998
Planning Commission
The proposed zone variance proposed for Saint Anthony's Church at 1816 Harding Ave.,
National City to eliminate a trash enclosure as required by the City should not be granted.
The purpose of the trash enclosure is to beautify the city by keeping unsightly trash and
containers out of sight. All industrial buildings in the area are required to have them even though
most are on small parcels of land far smaller than the land owned by the church and can ill afford
the around, but :hey are, non -the less required to do so. The church with its large parcel of land
should have no problem doing the same and should.
In the event that the city should grant this variance, then it should also grant the same
variance to ail industrial property owners in the area. This church should conform at minimum
to the standards :hat the industrial properties are required to do.
Sincerely yours_
William N. Tharn:cn Jr. „
5 3- 0 7 3 Received f/- L• �Q
RESOLUTION 12-97
A RESOLUTION OF TIE PL. NNE\TG CO1vEvfSSICN
OF THE CITY OF NATIONAL CITY, CA1 'ORNL=_
APPROVL iG A ZONE VARIANCE
FOR A REDUCTION IN THE NUMBER. OF REQU
P?RKL iG SPACES IN CONJUNCTION WITH i
CONSTRUCTION OF A 5,603 SQUARE FOOT CHURCH
AT 1816 HARDING AVENUE.
APPLICANT: SCOTT THOMAS FOR
ST. ANTHONY OF PADUA PARISH
CASE FmE NO.: Z-I997-2
- - _ WI R.E A S, the Planning Commission of the City of National C ccnsid-red a Z :tea
Variance application for a reduction in. the number of required pp *- r -ac's _' r":"nitmc-=
with cons -auction of a 5,603 square foot church at the re':ulariy scree^dni.ed ' '' "4
meeting on Auu t 4, 1997, at which rime oral and documentary evidence was resew` a di
WI-ERE--S, at said public hennmg the Planning Commission the =-
con -rained in Case File No. Z-1997-3, which is rna'rraired by the City anc hen:b.:by
reference; and,
WHEREAS, this action is taken pursuant to ail applicable ' r c_�es re __ by S.--
law and City law; and.
W --AREAS, the action recited herein is found to be essence :__ ade _reservation __
public health, safety, and general welfare.
NOW, i_'REFORE, BE IT RESOLVED by the P1s*7nirg of the
National City, California, that the testimony and evidence presented -e -"-
at the public hearing held on August 4, 1997, suppor :he following
1. That because of special cir :nistances applicable to the pro -er_
sn -. e
topogrrnhy, location or surroundings, the strict application of :it - S of the Munic:_-.
Code (Zoning.) deprives such property of priviie?es enjoyed.
vicinity and under the identical zone classifc won, since the - no - is a__
-o rebuild the dest;oved church building
onsite spa_es and adequate on -street ca-: mg 's available in the ___ _ _a. Also.tie hns beer. established on the site since _O10 to serve - eel's. .." : �_ %v-h: n
walk. to _e---:�.es.
2. That the requested variance is subject to such conditions which will assure that the
adiu_ ,---- authorized will not constitute a Pant of special privileges inconsistent with
limitation •aeon other properties in the vicinity and zone in which such property is situate
since the property has been. used as a church for 37 years and other church-=eia*
buildings/uses exist on the site, and within one block of the church property, there a—e
approx'---at ly 30 on -street parking spaces.
3. That the variance does not authorize a use or activity which is not otherwise express y
authorized by the zoning regulations governing the parcel of property, since the proposal
for reccn_truction of a legal. nonconforming church, and accessory parking spaces are
allowed -hi zone and for all lawful nonconforming properties.
BE IT P—v7RTHU. RESOLVED that the application for Zone Variance is approved far
construction of a 5,603 square foot church with 27 onsite panting spaces in lieu of 71 spacez
otherwise required by the Land Use Code, subject- to the following conditions:
1. Plans must conform with the 1994 editions of the Uniform Building Code, Unifor=
Me_hankcai Code and the Uniform Plumbing Code; the 1993 National. Elecuical Code azr
the Stare Cllifotnia Title 24 Energy and Handicapped regulation.
2. Plans ^•-z also specifically comply with Tabie 5A of the Uniform Building Code which
requires two hour walls within ten feet of the property line, rated construction, arm
protec�c n of openings between five feet and ten feet from the property line and no
oreni.ygs —vii in five feet of the property line.
3. pi' surface =off, including landscaping, shall be collected by approved drainage facilitiet
and directed to the street by sidewalk undercimins or curb outlets. The plans shall show the
tom of grade elevations, and the location of ail catch basins and under :rains for each end e=
the al. swale.
4• A soils e�.ee ins report shall be submitted for the Engineering Depar=ent's review.
shall address the adequacy of the building pads, the maximum allowable soil, beam
press -ire = k the required pavement structural sections for the proposed parking areas and.
driveways. As a minimum, parking lot pavement shall be a two inc A.C. over four inch.
Clasp —ecate base.
5. Installation of any ., new e.. sewert.
sewer will recuire a pe....i The method of sewage c'ic-
and. disposal and existing sewer lateral location shall be shown on the ?radirg ainaz=
nit=-. ' _e • sewer lateral placed in the Cir; right-of-wav shall be six inch in size with
cleans_. ___ss otherwise approved. A sewer star^ (` S ) •shall be rovided on the =IP
.i___. the ._-__:on of the lateral.
6. Any unused driveways shall be removed and replaced with full height curb d ide;v
All new driveways snail be shown on the plans and hail be dme^ione^
distances from property lines.
7. A permit shall be obtained from the Engineering Der.ar=ern for ail imprc e --- work
within the public right-of-way, including recuired utility work and any 0-mc n_
on. private properrt-y. The ; ading plan shall indicate the cubic yarda_e of":h= - - arid fill
the site.
8. A perfoz nnce bond for all proposed grad n_, drainage a
landscaping work shall be posted. A plan check-iinsce won deposit :hall be der.osired.w
the City at the time the plans are submitted_ The deposit is subject to
The site plan snail be revised to show the existing pere u:aarartm and telepla=e role
18th Street and Harding Avenue. In aririition, the plans chai1 also show the rope`:
line and curb to centerline of all street ciimensions.
10. The sprinkler system plans shall be submitted to the Fire Department. Plans :or thes
snail be submitted by a licensed sprinkler con^actor for review and anyval b
work is done. A separate permit and fees will be recuired by the Fire Depar:m
11. All exit signs shall be illuminated and 0*e=n in ccior.
12. Emerges cv exit iighrng is required to be installed.
13. Fire Sow requirements are 1,500 gallonsper —du.— o of _ - a _
.�.�._..:,, with a flow �*.. n ' : C
a minimums oI 20 PSI residual.
14. Once fire :low is de:e_--.l.ined_, the owner shall obra'. ; riten notification from S v
Authority verifying the Sow is available. If fire flow is net available, it is the res-r.czsibiil =
of the property owner to enter into agreement with Sweetwater Authority
water facility improvements prior to issuance of any building per .it_
15. Except as otherwise required by conditions of a.* e eiV 1. �.�..
vai. d v' �- . - 1
submitted for review and approval by the P'_rr^=^g Director in confcr-aace
A. Case File No. Z-199 7 -2. dated 6/10/97.
16. A detailed lancisoo.:at irrigation pia.. for the eatare. prope.rty,
methods of ^i: r_ting etc.. shall be sub: in__ for review . and appr
oval
Director. The log dsca Irian shall be .n accordance %mo t_ the Cis: s=cndscare
and reflect :he -se of _rough_ .olerct clan:Log ahn .vat owner• _--. _.
17. Exterior wails of ail buildings shall be o-e ared with "Graffiti Melt Coating" rnarufactur
by Geneses Coatings. Inc. or a similar product that has been approved by the Building and
Safety Dim :or.
13. A trash enclosure shall be provided and shall be deli=ed according to Table 1, Section
7.10.080 of the National City Municipal Code. The exterior of the trash enclosure shall
also be coated with "Graffiti Melt Coating."
19. Before this Zone Variance shall become effective, the applicant shall sign and have
notarized an Acceptance Form, provided by the Planning Department, acimowie^dg?ng and.
•accepti g allail conditions imposed upon approval of this permit. Failure to return the sigr
and nota..�ze' acceptance Form. within 30 days of its receipt shall automatically termina--�
the Zone Vq-runt- The applicant shall also submit evidence to the satisfaction of the
Ptarrnins- Director that a Notice of Restriction on Real Property is recorded with the Coiim
Recorder. The applicant shall pay necessary recording fees to the County. The Notice of
Re.ctic_ si,ai1 provide information flat conditions imposed by approval of Zone
Variance No. 1997-2 are binding on ail present and future interest holders or estate holders
of the pretty. The Notice of Restriction shall be approved as to form by the City
Atoiney and signed by the P1arnina Director prior to recordation.
20. The use of the property authorized by this permit shall be limited to a church and related
accessoryci.iities.
21. This perm= shall become mill and void if not exercised wirhin one year after adoption of
the resoi^on of approval unless extended according to procedures specified in Sectic_
18. 116.19 : of the Municipal Code.
BE IT _ =rt.R RESOLVED that copies of this Resolution be transmitted forthwith
the apt dcz -. _= to the City Council.
BE IT F _a L LY RESOLVED that this Resolution shall become effective and final on
the day fcilowinz the City Council meeing where the Fannincr resolution is set for
review, unless an appeall in writing. is fled with the City Clerk prior to 5:00 p.m. on the day of
that City Cots:oil meeting. The City Council may, at that meeting, appeal the decision of Zile
Planning — ssion and. set the matter for public hearing.
CEZ11t 1CATION:
This certifies that the Resolution was adopted by the P1=inninu Commission at their meeting of
August 18, 1997, by the following vote:
AYES:
NAYS:
ABSENT: •
ABSTAIN:
LARGE, FLORES, IC`TDTSON, MARTflT LI, BACA., GCDSFATZ, DETZti...3'
CH=VOMAN
MEETING DATE April 1999
City of National City, California
COUNCIL AGENDA STATEMENT
2
AGENDA ITEM NO.
ITEM TITLE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AWARDING A CONTRACT TO PERFORM A SEISMIC EVALUATION OF THE CIVIC
CENTER BUILDING TO BLAYLOCKK ENGINEERING GROUP.
PREPARED BY Kathleen Trees, Acting DirectoDEPARTMENT
EXPLANATION
Building and Safety
Since the City of National City does not purchase earthquake insurance, it will be the City's responsibility
to repair or replace the building in the event of an earthquake. To reduce or eliminate the cost of repairs or
replacement after the earthquake, the building can be retrofitted at a lower cost. In order to determine the
cost the retrofit, the Building and Safety Department in conjunction with the Risk Manager is proposing to
hire a consulting structural engineering firm to evaluate the building, determine the areas that need to be
repaired and estimate the cost of the retrofit.
See the attached discussion for further information.
Environmental Review
__X_ N/A
Financial Statement
The cost of the evaluation is $46,132. Funds of $29, 260 are encumbered for this project in account
number 627-514-000-213. Upon council approval, supplemental funding will be available from the Excess
Liability Insurance Account No. 627-414-000-420 ($6,687) and the Insurance Liability Claim Cost
Account No. 627-414-000-432 ($10,185). Accpu,,,nt N
>STAFF RECOMMENDATION [61 7
Adopt a Reso lution awarding the contract for a seismic evaluation of the Civic Center Building to Blaylock
Engineering Group for $46,132.
BOARD / COMMISSION RECOMMENDATION
ATTACHMENTS ( Listed Below) Resolution No. 99-34
Resolution
Detailed Explanation
Exhibit A Contract can be reviewed in the City Clerk's Office.
-20C 19/8C1
CIVIC CENTER SEISMIC EVALUATION
The need for an evaluation.
The City of National City does not purchase earthquake insurance. In the event of an earthquake,
it will be the City's responsibility to repair or replace the Civic Center. The Seismic evaluation
will explain what can be done to retrofit the building. It will also determine the costs. Rerrofit`ng
a building usually costs a fraction of the repair or replacement expenses following an earthgnw'6'•
Constructed in 1966, the Civic Center is not built to today's standards. Since then, two major
changes have occurred in the Codes. The City of National City was reclassified from Seismic
Zone 3 to the more hazardous Seismic Zone 4. There have also been a number of Uniform
Building Code cycles in which the seismic provisions have changed. The resulting standards mu
approximately 75% higher than those that were in effect when the building was built.
Recent earthquakes such as Northridge emphasize the need to retrofit certain existing building=_..
Concrete tilt -up buildings built prior to 1975, such as the Civic Center have not performed weiT. in
past earthquakes. They were designed with what proved to be inadequate connections between
the floors and the walls. When the connections fail, the walls will fall outward and the roof are=
floors will collapse on each other killing the building occupants.
What the evaluation will tell you.
This evaluation will identify areas of the Civic Center, such as floor and wall connections, which
are unable to resist earthquake forces. The engineer will develop preliminary retrofit schemes
and establish the costs associated with a seismic strengthening and upgrade program. The Cie_,
can then determine the extent of retrofitting it would like to perform. It will be possible to choose
to do only a portion of the retrofit. The more that is done, the more functional the building wi
be following an earthquake. Selecting just a portion of the retrofit may not save the building, hit
may save the lives of anyone in the building. A more extensive retrofit will minimize the
structural damage after an earthquake thereby reducing the cost of building repairs. The retrof
can also be done to make the building fully functional. Employees can then return to work
immediately after the earthquake.
The request for qualifications.
A request for qualifications was sent to 70 structural engineering firms and 15 responded.
Blaylock Engineering Group was selected as the most qualified. They have on staff the origins :
design engineer. Mr. Albert Blaylock, S.E. and included in the contract the original contractor_
Mr. Raymond Whitwer. During negotiations the original proposal was reduced from $70,813 _D
$43,720 with meetings to be billed separately. The costs were cut by eliminating the non-
structural study (e. suspended ceiling, mechanical equipment, etc.), the update of the
Geotechnical repot, the need to classify the building as an essential facility and the study of tome
bridge structure.
Attached is the contract containing the revised proposal. The completion date is 6 months fro-
the notice to beg
RESOLUTION 99 - 34
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT WITH
BLAYLOCK ENGINEERING GROUP FOR A SEISMIC
EVALUATION OF THE CIVIC CENTER BUILDING
WHEREAS, it will be the City's responsibility to repair or replace the Civic
Center bn;lciing in the event of an earthqu21cP since the City does not purchase earthquake
insurance; and
WHEREAS, to reduce or eliminate the cost of repairs or replacement of the
building after an earthquake, the Civic Center building can be retrofitted at a lower cost; and
WHEREAS, in order to determine the cost of a retrofit, the Building and Safety
Department, in conjunction with the Risk Manager, is proposing to hire a consulting structural
engin ng firm to evaluate the Civic Center, determine the areas that need to be repaired and
estimate the cost of the retrofit.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of National City hereby authorizes the Mayor to execute an agreement with Blaylock
Engineering Group to perform a seismic evaluation of the Civic Center building Said
agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 6h day of April, 1999.
George H. Waters, Mayor
ATTEST:
Michael R. Dana, City Clerk
APPROVED AS TO FORM:
George H. Fi ser, III
City Attorney
By:
Rudolf Hadecky
Senior Assistant City Attorney
Blaylock
Engineering
Group
Albert J. Blaylock S.E.
Matthew N. Martinez S.E.
Thomas E. Spencer S.E.
—4a.Lii�a �t'f) ZAFE:Y
RECEIVED
- n .nr1f1
I 6.
ri iIC:'ii4i- .:! e CALIF:
Carson H. Creecv, Ill S.E. EXHIBIT A
(1952-1993)
February 16, 1999
National City Building Department
1243 National City Blvd.
National City, CA 91950
Structural Engineers
1775 Hancock Street, Suite 250
San Diego, California 92110
Phone :619)343-4719
FAX )619) 343-0667
E-Mail: blavlockeg@aol.com
Attention: Ms. Kathleen Trees, Acting Director - Building & Safety Department
Subject: Revised Fee Proposal
Seismic Evaluation of National City Civic Center
Dear Ms. Trees:
Following our recent meeting, we have revised our Fee Proposal for the above -
referenced project This has been done because of the City's current budget
requirements. When considering this revised proposal, please reference our previous
letter of January 6. 1999.
As you requested. if -is revised Fee Proposal reflects deletion of the following:
• Item 1.0 - Field Irvestigation / Non-structural Survey
■ Item 2.8 - Engineering Analysis and Repair Recommendations
- Emer_ency Operations Center Building
Bridce Structure
- Non -Structural Repair Concepts
• Item 4.B - Miscellaneous Costs / Geotechnical Report
It is our understanclr•g that the above -mentioned items are to be postponed until after
the beginning of the -next iscal year (July 1, 1999). It is also our understanding that we
are to assume that -e City's existing Emergency Operations Center (presently located
in the underground =asement) will be relocated to the new Police Headquarters. This
should result in a decrease in the code -prescribed lateral loads used in the evaluation.
The Fee Proccsai s based on the Scope of Work contained in the Request for
Qualifications datec August 24, 1998 (except as modified herein). We are pleased to
be able to include „r Albert J. Blaylock, S.E.. (the Structural Engineer of Record for the
project) and Mr.=aymond A. Whitwer (the General Contractor for the original
construction) on cur -yam.
with the various activities:
Blaylock
Engineering
�'� Group
Page Two
February 16, 1999
Letter to Ms. Kathleen Trees
The primary purpose of this effort is to identify those areas of ye _ n d r"c ca,-_r
structure which, when analyzed in accordance with the 1997 Unifc, _:iidirg Cobra. a -a
structurally deficient in their ability to resist earthquake forces. Ccc.= -one oe=d .o s
are identified, it would be necessary to develop preliminary retrofit sc: _ ;es .c a Pe j~�
sufficient to establish the cost associated with a seismic strenc re- an: _c a_a
program.
The following is an outline of our recommended Scope of Work arc =r.: L �d
I. FIELD INVESTIGATION - Conduct field investigation to es _ e ex. r_
conditions of the main two-story plus basement structure ant;_✓
seismic hazards.
A. Structural Condition Survey - Conduct dose visual exa:-:,.:==n- _ _ .e C;vic
Center Building and ancillary structures (excluding the r=e.
underground structure). Determine the condition of =: ___
elements, noting all significant cracks and spalls that might
photographs and field notes documenting findings. ,=_ _ s- tne. s-e as
necessary, during the engineering analysis phase to verity =pay-
concepts.
Cost: Survey (two Field -Days initially, one field -day during a - Z.
B. Concrete Core Extraction - Extract 12 cores for purpcse
compressive strength and weight characteristics of the exis-.-_ oc.._ a:e = re
Civic Center Building. Four cores each to be extracted frc.: cc. _ __e too.
and shear walls and four cores from the lightweight cones a c.ac.. -_
Cores shall be taken from obscure places within the struct::. e — _ ..ice:7 a
suitable cerrmentitious material. Cores will then be taken
testing.
Cost: E:tr act 12 Cores and Test (Testing Engineers - San Dec:
II. ENGINEERING ANALYSIS AND REPAIR RECOMMENDA-'C•:.E -
review of the existing drawings, geotechnicai repar.. field a__ _:o-
information resulting from concrete core extraction and testing.engineering analysis sufficient to determine structural def::: = a-= :a. _ _o
conceptual repair plans and sketches.
Blaylock
Engineering
Group
Page Three
February 16, 1999
Letter to Ms. Kathleen Trees
A. Review Existing Documentation - Review existing plans, 1964 Uniform
Building Code, 1997 Uniform Building Cade and existing geotechnical report.
Develop a list of code related deficiencies relative to the building construction.
Cost: Review Documentation...$6, 369.00
B. Static Lateral Analysis - Perform static lateral analysis as described in 1997
UBC 1630.2.1 to determine center of mass, center of rigidity and load
distribution. Analyze critical lateral load resisting elements and develop
conceptual repair plans and sketches.
Cost: Static Lateral Analysis...$18,984.00
III. REPORT PREPARATION - Prepare a report containing the findings of field
investigation and engineering analysis. This document shall be the basis fcr
budgetary planning.
A. Written Report - Prepare written report containing task description; facility
descriptions: code comparison; photographs; description of structural
deficiencies and recommended repairs; conceptual plans and repair details; cost
estimates; and structural engineering calculations.
Cost: Writer Report...$4,172.00
Cost: Cost Estimating for Report...$3,200.00
IV. MEETINGS AND PRESENTATIONS
A. Attend Meetings and Presentations - Attend meetings as necessary to arrange
field invest_ations, present preliminary findings of field investigations and
present finc.r.gs of final report. Present findings to public meeting of C;ty
Council.
Cost: Atterc 'Zeetings...On an hourly basis (see attached Fee Schedule)
V. MISCELLANEOUS EXPENSES
A. Film development, blueprinting, copying, etc.
Cost: S52
Blaylock
Engineering
Group
Page Four
February 16, 1999
Letter to Ms. Kathleen Trees
We appreciate the opportunity to present this proposal to the City of National City. It
represents our understanding of the Scope of Work necessary to arrive at estimated
costs to bring the Civic Center Building into conformance with the structural portion of
the 1997 Uniform Building Code. We propose to perform the listed services for a lump
sum fee of $43,693.00 (Forty Three Thousand Six Hundred Ninety Three Dollars), with
additional cost for attendance at meetings at an hourly rate. The Fee Proposal has
been presented on a line -item basis using the enclosed Hourly Fee Schedules to allow
for a dear understanding of the allocation of our proposed efforts relative to the Scope.
We would anticipate that if significant structural deficiencies are found, preparation of
working drawings and specifications for repairs could be performed using the initial
engineering work performed for the study with supplemental fieldwork, engineering
analysis, and drafting.
Should you have any questions in regards to the information contained in this proposal
or wish to discuss the factors considered in its development, please do not hesitate to
call.
Very truly yours,
BLAYLOCK ENGINEERING GROUP
�.�.
Matthew N. Martinez, SE
MNM:ps
Enclosures
IBEEC_FISnvCLIWSECUREF==RCLNATC:TYIREYPRCPL7R.0 CC
Blaylock
Engineering
Group
Strsctural Engineers
Albert ). Blaylock S.E.
Matthew N. Martinez 5.E.
Thomas E. Spencer S.E.
Carson H. Creecv, III S.E.
(1952-1993)
17-3 Hancock Street. Suite 250
Say.. Diego, California 92110
Phone (619)343-4719
Fr:+ (619) 543-0667
blaylockeg@aol.com
HOURLY FEE SCHEDULE
JANUARY 1999
Albert J. Blaylock. SE $146.00
Matthew N. Martinez, SE $125.00
Thomas E. Spencer, SE $125.00
Staff Structural Engineer $95.00
Staff Civil Engineer $85._,0
CAD Operator $50=
Engineering Technician $36.00
Secretarial $36.00
'BEGFS'ISE=LRE_=EEPRC:uA-Cn�^FEESCHED. DOC
COflSTUCT/Ofl cO_P
GENERAL CONTRACTOR
HOURLY FEE SCHEDULE
JANUARY 1999
4Z04 ADAMS AVENUE SUITE
SAN DIEGO. CAUFORNIA 92 ! ; E
FAX: 284-0895 294.4a7 •
Raymond A. Whitwer, Sr., Gerierai Contractor .................................... $100.00
14:\SECURE'}t.L.P ROIHATC'TYNWUT.WER,FFEDOC
EXHIBIT B
COMPLETION DATE
Final report to be completed and delivered to the Building and Safety Department within
6 months from the Notice to Proceed.
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE April 5, 1999
3
AGENDA ITEM NO
% ITEM TITLE RESOLUTION OF THE CITY COUNCIL INITIATING PROCEDURES FOR A\
REORGANIZATION TO BE KNOWN AS THE LA VISTA MEMORIAL PARK REORGANIZATION
(AN-1999-1)
PREPARED BY
Steve Ray �2
DEPARTMENT
Planning
EXPLANATION The proposal involves annexation of the following:
• 30-acre La Vista Memorial Park
• 49 acres of Caltrans right-of-way at the I-805/Rt. 54 interchange,
• 22 acres of I-805 right-of-way between 24th and 32nd Streets, and
• 1_ 17 acre parcel at 3312 Bonita Heights Lane.
The City Council recently considered a report on annexing this area. Council directed that staff first
contact owners of seve_al smaller properties to confirm their interest in annexing to the City, and then that
steps be taken to begin annexation proceedings.
Staff confirmed the interest of the Bonita Heights Lane homeowner in annexation. Also contacted
were the owners properties at 3229 Cypress, 2545 Prospect, and the Chevron site at Sweetwater Road and
Euclid Avenue. These did not express interest in annexation at this time but may pursue it sometime later.
Staff was also contacted by the chairman of the Lower Sweetwater Fire Protection District, who is against
the proposal and has recently been opposing all annexations in Lincoln Acres.
A letter had been previously submitted by La Vista Memorial Park in favor of annexation. It was also
understood from Council discussion that Caltrans would support the annexation.
All of the areas mentioned are in the City's sphere of influence. If a subsequent larger annexation were
\sto occur, Council requested further study to determine revenue impacts on the City.
Environmental Review X N/A Proposed Notice of Exemption
Financial Statement
Filing fees (not to exceed $10,000 per preliminary estimate by LAFCO staff) are required but not
budgeted. As a separate agenda item, a resolution appropriating funds is proposed.
Account No
STAFF RECOMMENDATION
Adopt the attached resolution initiating annexation procedures.
BOARD/COMMISSION RECOMMENDATION
N/A
1
ATTACHMENTS (Listed Below)
1. Resolution
2. Notice of Exemption
99-3'
Resolution No
A.: 0 (2e., '.' '
City of National City
Planning Department
1243 National City Blvd., National City, CA 91950 (619) 336-4310
ROGER G. POST - DIRECTOR
NOTICE OF EXEMPTION
TO: County Clerk
County of San Diego
P.O. Box 1750
1600 Pacific Highway, Room 260
San Diego_ CA 92112
Project Title: La Vista Memorial Park, I-805/Route 54 Freeway Interchange, and 3312
Bonita Heights Lane Reorganization
Project Location: La Vista Memorial Park, I-805 and Route 54 within unincorporated
Lincoln Acres, and 3312 Bonita Heights Lane, all in the National City sphere of influence
Contact Person: Steve Ray Telephone Number: (619) 336-4310
Description of Nature. Purpose and Beneficiaries of Project:
Annexation to the City and detachment from the Lower Sweetwater and Bonita-Sunnyside Fire
Protection Districts, the South Bay Irrigation District, the Spring Valley Sanitation District and
County Service Area No. 135 (San Diego Regional Communications)
Applicant: Cir: ofNational City Telephone Number: (619) 336-4310
Exempt Status:
C Statutory Exemption. State type and Section No.
C Categorical Exemption. State type and Section No.
❑ Not a project as defined in Section 15378 of CEQA
Not subject to CEQA (Sec. 15061b3)
Reasons why oroiect is exempt: There is no possibility that the project may have a significant
effect on the envircnment, since the reorganization will cause developed, prezoned properties to
be annexed to the City. Potential for subdivision of residential zoned 3312 Bonita Heights Lane
would require subsequent, discretionary review by the City under the State Map Act. This
requires a finding _.at the subdivision design or its improvements would not likely cause substantial
environmental de. The property has potential for no more than 4 new single-family homes,
based on the Ci:-: 's minimum lot size.
Date:
Signature
Ci ei Paper
RESOLUTION NO.99 — 35
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY INTITAITNG
PROCEDURES FOR A REORGANIZATION
TO BE KNOWN AS THE LA VISTA
MEMORIAL PARK REORGANIZATION
AN 1999-1
WHEREAS, the City Council of the City of National City desires to initia
procedures for the hereinafter described reorganization; and
WHEREAS, the City Council of the City of National City desires to be named
as the "conducting authority"; and
WHEREAS, the territory affected by the proposed reorganization, described
below, is included in National City's sphere of influence, adopted by the Local Agency
Formation C.o mmi lion; and
WHEREAS, the proposal is not subject to CEQA, since there is no possibilira
that the project may have a significant effect on the environment, as the reorganization wL
cause developed, prezoned properties to be annexed to the City. Potential for subdivision c residential zoned 3312 Bonita Heights Lane would require subsequent, discretionary review b the City undei the State Map Act. This requires a finding that the subdivision design or iLs
improvements would not likely cause substantial environmental damage. The property ha
potential for no more than 4 new single-family homes, based on the City's minimum lot size.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND
ORDERED by the City Council of the City of National City as follows:
SECTION 1. Proposal is hereby made to the Local Agency Formation
Commission of the County of San Diego for the following reorganization:
A. Proposal is made pursuant to Division 3, Title 5, Section 56800 of the
Government Cade known and cited as the Cortese -Knox I nral Government Reorganization Acz
of 1985.
B. The changes in organization proposed are the annexation of the affecte~
territory- to the City of National City and the detachment of said territory from the Lower
Sweetwater and Bonita-Sunnyside Fire Protection Districts, the South Bay Irrigation District_
the Spring Valley Sanitation District and County Service Area No. 135 (San Diego Regional
Communications?.
Resolution No. 99 - 35
April 6, 1999
Page 2 of 3
C. The affected territory is described in Pr 'it "A" and depicted on
"B" **;ately 102 acres of
the map attached hereto as Exhibitand includes �^^*�T
property currently bordered by the City of National City and other unincorporated
territory, within the National City sphere of influence approved by the Local Agency
Formation Commission June 3, 1985.
D. The reorganization is consistent with the adopted spheres of
influence of National City and the affected districts, since the affected territory lies
within the sphere of influence of National City, and uses esta as ed with -in the affected
territory are consistent with the City's prezoning designations for the affec`ed territory.
E. The reasons for the reorganization are: L. to annex territory to
the City of National City so that said territory can become a art of said City and
rei-eive the benefits of all municipal services now provides by sir City to its
inhabitants and properties within the City.
F. This reorganization shall be known as the La v Lsta Memorial
i
Park Reorganization.
SECTION 2. By this resolution the City Counc= of the City of National
City requests that the Local Agency Formation Commission of San Diego County
institute proceedings pursuant to the Cortese -Knox Local Got lent �*�n— iza
rion
Act of 1985.
SECTION 3. The City Council of the City c National City hereby
requests that it be designated as the "conducting authority' and thatthe City of
National City be authorized to order the proposed reorganizarcr
SECTION 4. The City Council authorizes rue Fanning Director to
submit required information and filing fees with the Local Agency Formation
Commission of the County of San Diego for filing of an anp_on for the propose:
reorganization.
SECTION 5. The City Clerk of the City of National City is hereby
authorized and directed to file a certified copy of this resold -._on with the executive
officer of the Local Agency Formation Commission of the Count of San Diego.
Resolution No. 99 - 35
April 6, 1999
Page 3 of 3
PASSED and ADOYIt:U this 6` day of April, 1999.
ATTEST:
Michael R. Dalla
City Clerk
APPROVED AS TO FORM:
George H. Fiser, DI
City A
By:
gnrinif Hradecky
Senior Assistant City Attome
George H. Waters, Mayor
EXHIBIT A DESCRIPTION OF Ali 'kECTED TERRITORY
Numbers of listed areas correspond to the attached map.
1. La Vista Memorial Park
• approximately 30 acres
• Assessor's parcel number 564-140-01
• 3191 Orange St., National City, CA 91950
2. I-805/SR 54 Freeway interchange right-of-way
• approximately 49 acres
• south of the City boundary near 32nd Street; and east and west of the City
boundary and north of the Chula Vista boundary near the interchange of the
two freeways
3. Additional I-805 right-of-way, south of 24th Street
• approximately 22 acres
• includes all remaining unincorporated I-805 Caltrans right of way within the
National City sphere of influence, i.e., south of the National City boundary at
24th Street, and north of the City limit near Shelby Drive and 32nd Street
4. County island south of Sweetwater Heights Park
• 1.17 acres
• Assessor's parcel number 564-310-32: 3312 Bonita Heights Lane,
• adjacent to the National City boundary on the west, north and south
• westernmost parcel of four parcels in a 4.2-acre County island
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE April 6, 1999
AGENDA ITEM NO 4
ITEM TITLE RESOLUTION OF THE CITY COUNCIL APPROVING THE APPROPRIATION AND
TRANSFER OF r UNDS TO COVER THE LAFCO APPLICATION FEE FOR THE LA VISTA
MEMORIAL PARK REORGANIZATION (AN-1999-1)
PREPARED BY �,� DEPARTMENT
Steve Ray 6;p/ Planning
EXPLANATION
This resolution is necessary to appropriate funds to cover LAFCO application fees for the La Vista
Memorial Park Reorganization.
As a separate agenda statement, a resolution is proposed for initiation of annexation proceedings.
Environmental Review
Financial Statement
Filing fees (not to exceed $10,000 per preliminary estimate by LAFCO staff) are required and would be
appropriated by this action.
Account No
X N / A Proposed Notice of Exemption
STAFF RECOMMENDATION
Adopt the attached resolution initiating annexation procedures.
ficF
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below)
Resolution
Resolution No 99-36
A-200 (Rev. oig:'
RESOLUTION NO.99 — 36
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING THE
APPROPRIATION AND TRANSFER OF FUNDS TO
COVER TILL LAFCO APPLICATION FEE FOR THE
LA VISTA MEMORIAL PARK REORGANIZATION
AN-1999-1
BE IT RESOLVED by the City Council of the City of National City that it
hereby authori7 s the following appropriation and transfer of funds:
FROM: Account No. 001-2501
Undesignated Fund Balance
TO: Account No. 001-406-000-212
Governmental Purposes
AMOUNT: $10,000
PURPOSE: To cover the LAFCO application fee for the La Vista Memorial
Park Reorganization
PASSED and ADOMED this 6th day of April, 1999.
ATTEST:
Michael R. DalIa
City Clerk
APPROVED AS TO FORM:
George H. Eiser. III
City Attome
By:
R
ky ,• adec
Senior Assistant City Attorney
George H. Waters, Mayor
City of National City, California
COUNCIL AGENDA STATEMENT
Ac r_l 6, 1999 5
MEETING DATE - AGENDA ITEM NO
ITEM TITLE RESOLUTION REJECTING ALL BIDS RECEIVED FOR THE IMPROVEMENT
OF THE EL TOYON 'PARK BALLFIELD, SPECIFICATION NO. 99-7
PREPARED BY Din Daneshfar DEPARTMENT Engineering
EXPLANATION.
On March 2, 1399, the following bids were received and opened for the
Improvements of _he El Toyon Park Ballfield:
Bidder'--s Name
1. Mentone Turf Supply
Mentone, CA 92359
2. 3-D Enterprises
San Diego, am_ 32109
3. A & B Landscacing
San Diego, C_'_ 32172
4. C.D.M. Construction
El Cajon, CA 92020
Base Additive Total
Bid Bid Bid
$ 85,536.00 $ 9,200.00 $ 94,736.00
$ 95,160.00 $23,000.00 $118,160.00
$108,548.00 $27,000.00 $135,548.00
$123,408.00 $23,993.00 $147,401.00
The project cost estimate was $75,000.00. The amount of available funds to
complete the project was $79,000.00. However, the submitted total bid
amounts were more than the available funds. Therefore, Staff is
recommending than all bids be rejected, the project be re-evaluated,
possible additional funding be obtained, and the project be rebid.
rEnvironmental Review X N/A
Financial Statement N/A
Account No
STAFF RECOMMENDATICN
Adopt the Rescluti
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below)
Resolution
i99-7
Resolution No 99-37
4•2:0 ;2 ev. c/S01
RESOLUTION NO. 99 —37
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY REJECTING ALL
BIDS RECEIVED FOR THE IMpROVEl41EVTS
OF THE EL TOYON PARK BA7 LFWI D
(Engineering Spec. 99-7)
WHEREAS, on March 2, 1999, the Engineering Department received and
opened four bids for the improvements of the El Toyon Park Ballfield; and
WHEREAS, the submitted total bid amounts were more than the $79,000
available to fund the project; and
WHEREAS, staff recommends that all of the bids be rejected and the project be
re-evaluated, possible additional funding be obtained, and the project be re -bid.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that all of the bid proposals for the improvements of the El Toyon Park Ballfield
which were opened on March 2, 1999 are hereby rejected and the City Engineer is authorized
to re-evaluate the project, obtain possible additional funding, and re -bid the project.
PASSED and ADOYij u this 6ie day of April, 1999.
ATTEST:
Michael R. Dai1a, City Clerk
APPROVED AS TO FORM:
George H. Fi ser, lII
City Atto
B
udolf Hradec
enior Assistant City Attorney
George H. Waters, Mayor
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE April 6, 1999
AGENDA ITEM NO 6
ITEM TITLERECOMMENDATION ON AMERICAN"S WITH DISABILITIES ACT-ADA
REVENUE ALLOCATION FUNDING.
PREPARED BY A. Rios, Jr.
EXPLANATION
DEPARTMENT NATIONAL CITY TRANSIT
The American's With Disabilities Act-ADA Revenue Allocation Funding
is calculated based on the total revenue miles operated by each operator.
The funding source is the City of National City Local TDA Article 4.0
funds.
$12,064.00 is the amount that the City of National City is using to
fund its portion of the 2000 ADA Complementary Paratransit Assessment.
The funding that is generated by this assessment will be used to
finance the ADA Complementary Paratransit Service in Zone 4 (South Bay).
Environmental Review
Financial Statement
N/A
This action only involves TDA funds and not the City's General Fund.
Account No
STAFF RECOMMENDATION
Staff recommend's approval
BOARD/COMMISSION RECOMMENDATION
ATTACHMENTS (Listed Below)
*MTDB Letter of Agreement
Resolution No
TDB
etrapolitan Transit Cleve! Eu,rarl Board
255 Imperial Avenue, Suite 1000
San Oieco, CA 92101-7490
619) 231-1466
=AX (619) 234-3407
:ebruary 25, 1999
Ar. Tom McCabe
:ity Manager
:ity of National City
243 National City Boulevard
lational City, CA 91950-4397
)ear Mr. McCabe:
o?\\
MTDB Doc. No. G0485.0-39
SRTP 880.5 (PC 263)
•
subject: AMERICANS WITH DISABILITIES ACT (ADA) REVENUE ALLOCATION FINDING?
"his letter will serve as an Agreement with the Metropolitan Transit Development $card (MTDB)
agarding the funding source that the City of National City will be using to fund its portion of the
Y 2000 ADA Complementary Paratransit assessment as outlined in the attachment.
,sseesment Amount: $12,064
unding Source: City of National City Local Transportation Development Act
Article 4.0
you agree with the above, please sign and return the document marked "original" to MTDB to
to attention of Jeanne Yamamoto. If there are any questions about the information outlined,
lease contact Jennifer Williamson of my staff at 557-4514.
he funding generated by this assessment will be used to finance ADA Complementary
aratransit Services in Zone 4 (South Bay).
incerely, Accepted:
homes F. Larwin
eneral Manager
Tom McCabe
City Manager
Smith Date:
ADAMCCABE.JWILL]
ttachment: ADA Comp:ernentary Paratransit Service Projections
Agencies:
;hula vista. City of Coronado. Ca of E :aion. City of Imperial Beach. City of La Mesa. City of Lemon Grove. City of National City. City of Poway. City of Sar Diego,
Diego. of '—rtornia
3 antee. County of San State
�,
itan Transit Development Board s Cccr-::nator of the Metropolitan Transit System and the ill Taxicab Administration
ry Ccrporations:(P;Sar Diego Tars.: 30 ooration, f r�I San Diego Trolley, Inc., and { ]San Diego S Arizona Eastern Railway Company
ADA COMPLEMENTARY PARATRANSIT SERVICE
FY 00 PROJECTIONS
ZONE
ADA OPERATOR
SUBSIDY ANALYSIS
OPERATING COST
FARE REVENUES
SUBSIDY REQUIRED
SUBSIDY CERTIFICATION
SUBSIDY CAPITAL
TOTAL SUBSIDY NEEDED
Percentage Subsidy
REVENUE DISTRIBUTION
TDA ART. 4.5 (CERTIFICATION)
TDA ART. 4.5 (OPERATOR)
TDA ART. 4.5 (CAPITAL)
TRANSNET
FY 99 MID -YEAR BUDGET ADJ
FY 98 CARRYOVER (By Zone)
FY 97/98 TDA CARRYOVER (No Zone)*
TOTAL REVENUE AVAILABLE
ZONE MILEAGE ASSESSMENT
REVENUE MILES
Afilil.f;t Ml fl I )uunN /tnv; Inlla)
CENTRAL
MTS ACCESS
53,300,000
$525,000
$2,775,000
$73,308
5213,000
$3,061,308
49.5%
$73,308
$1,151,210
$213,000
$195,171
$ 600, 000
$302,714
$10,366
52,545,770
$515,538
13,873l592
4..94 1 1_1i11'/ 00 0/IIb1111 �0 111111'41 Q A0_,0_;111;i;102 8(1.04�0
MID -COUNTY
CTS
$325,000
$31,000
$294,000
$4,329
$0
$298,329
$0
$19,020
$24,004
$80,779
$1,010
$1,565,000
$166,000
$1,399,000
$23,179
$0
$1,422,179
23.0%
$23,179
$534,813
$0
$ 90, 670
$114,223
$384,386
$4,816
$1,578,000
$209,000
$1,369,000
$29,184
$0
TOTAL
46,768,000
$931,000
$5,837,000
$130,000
$213,000
$1,398,184 $6,180,000
22.6%
$29,184
$525,789
$0
$89,140
$111,773
$474,395
$4,735
100.0%
$130,000
$2,324,000
$213,000
$394,000
$850,000
$1,242,274
$20,927
$1,152,087 $1,235,016 $5,174,201
$57,000 $270,092 $163,168
$1,005,799
/44t310 __3195M:5.7. 513791719 23t955127.3.-
$241,329
Notes:
TDA/TransNet allocated based on percentage of eubeldy required In each zone.
FY 99 MTDB mid -your budget udluetrnent for MTS Acoeee (9800,000) and CTS (8260,000)
FY 97/98 CVT carryover Included In FY 98 Carryover (By Zone) line Item.
FY 97/98 TDA Carryover (No Zone) is distributed barred on the percentage eubeldy requirements for each zone.
( idihl 4$ rI iy would bout 10144 lYial 1110'4,I tlf MT0 Arr;enN veldrl,l I moil InInI In FY 00 (FeIINrol Lil07 Fnmllnll FY 00 Rrent)r
MTSADA00
2/23/99
ADA COMPLEMENTARY PARATRANSIT SERVICE
FY 00 PROJECTIONS
REVENUE MILES ZONE
CENTRAL
MID -COUNTY
EAST COUNTY
SOUTH BAY TOTAL
Regional
5,641,772
372,689
1,623,826
2,928,962 10,667,248
Cor Bridge Tolle
23,862
0
0
126,966 160.818
City of Coronado
City
0
0
0
14,097 74,0
of Chula Vista
0
0
0
1,173,043 1,173,04343
City of El Cajon
City
0
0
641,301
0 641,301
of Imperial Beach
0
0
0
192,575 192,676
City of I a Moan
City of Lem on drove
D
0
0
0
120t 81 G
218,361
0 120, 316
0 218,361
City of National City
City
0
0
0
397,743 397,743
of Poway
0
337,382
0
0 337,382
City of San Diego
8,128,076
0
0
607,307 8,636,382
City of Santee
County
0
0
423,691
0 423,691
of San Diego
0
0
930,169
39,026 969,185
1-16 Tolle
79,893
34,239
0
0 114,132
TOTAL REVENUE MILES
13,873,592
744,310
3,967,662
6,379,719 23,955,273
ADA FUNDING ZONE
CENTRAL
MID -COUNTY
EAST COUNTY
SOUTH BAY TOTAL
Regional
6209,647
$28,541
9110,819
$88,836 $437,842
Cor Bridge Tolle
$886
$0
80
83,851 $4,737
City of Chula Vista
$0
$0
$0
$36,679 $36,679
City of Coronado
$0
$0
80
$428 $428
City of El Cajon
$0
$0
$43,766
$0 443,766
City of Imperial Beach
$0
$0
$0
$5,841 86,841
City of La Matta
$0
$0
88,211
$0 $8,211
City of Lemon Grove
I $0
$0
$14,902
• $0 $14,902
City of National City
$0
$0
80
812,064 $12,064
City of Poway
80
926,837
$0
$0 $26,837
City of San Diego
8302,037
$0
80
$16,387 $317,424
City of Santee
$0
$0
$28,915
$0 828,916
County of San Diego
$0
$0
$63,479
81,184 $64,663
I-16 Tolle
$2,969
$2,622
$0
60 $6,691
T'CAI ADA A6SESSMLNT
$ti1640"
alp 0OQ
Pa70:911i
a 1:16a
MTSADA00
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE April 6, 1999
7
AGENDA ITEM NO
ITEM TITLE STREET TREE COMMITTEE MINUTES
PREPARED BY Jim
EXPLANATION.
Removal Requests:
605 E. 6th
Requested removal of two trees due to sidewalk damage. Committee recommends removal
with replacements.
1902 "N" Ave.
Requested removal of pepper tree due to sidewalk damage. Committee recommends removal
with replacement.
DEPARTMENT
Parks and Recreation
3735 Kellie Court
Requested removal of tree due to sidewalk damage. Committee recommends removal with
no replacement due to narrow parkway.
Environmental Review X N/A
Financial Statement
Replacement funds available in 105-442-000-331
Account No
STAFF RECOMMENDATION
Approve minutes.
BOARD /COMMISSION RECOMMENDATION
Approve minutes
ATTACHMENTS (Listed Below)
Minutes
Resolution No
City of National City
Parks & Recreation Department
140 East Twelfth Street, Suite A, National City, CA 91950-3312
(619) 336-4290
MINUTES OF THE STREET TREE COMMITTEE MEETING OF MARCH 18, 1999
Called to order at 2:00 pm.
Present: Cesena, Keen, Morales, Schwitkis Staff: Diaz
Approved minutes of last meeting.
Removal Requests:
Ramon Camacho
605 E. 6th
Requests removal of two trees due to sidewalk damage. Committee recommends
removal with two replacements.
Patrick Barajas
1902 "N" Ave.
Requests removal of pepper tree causing sidewalk damage. Committee recommends
removal with replacement.
Angelina Soltero
3735 Kellie Court
Requests removal of tree due to sidewalk damage. Committee recommends removal
with no replacement due to narrow parkway.
Adjourned at 2:15
r
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATEApril 6. 1999
8
AGENDA ITEM NO
ITEM TITLERESOLU 11ON AU 1HORIG1NG WAIVER OF 1311) PROCESS AND PURCHASE
OF COMPU 1 E3 AIDED DISPATCH AND RECORDS MANAGEMENT SYSTEM
FROM TRITECH SYSTEMS SOFTWARE.
PREPARED BY LIEUTENANT MIKE IGLESIASDEPARTMENT POLICE DEPARTMENTd
EXPLANATIONThe Police Department recommends the purchase of a turn -key integrated
Computer Aided Dispatch (C.A.D) and Records Management System (RMS) from
Tritech Software Systems. A total of 5712,678 in funding has been approved for the
project and appropriated to the CIP in Council Resolutions 98-64, 98-104, 98-159 and
98-164. Purchasing ordinance #1480, section 12a4, authorizes the bidding requirement to
be waived "when Council determines that due to special circumstances, it is in the City's
best interest to purchase a commodity or enter into a contract without strict compliance to
the bidding procedure. The following special circumstances exist.
1. The proposed CAD/RMS system from Tritech Software Systems is being
offered at a competitive price and no significant price advantages would
be gained by competitive bidding.
2. The Police Department's current CAD/RMS, known as the C.A.R.S.
system is not Year 2000 compliant, and therefore a new Year 2k
compliant system needs to be operational by November, 1999. Waiver
of the bid requirements and awarding the contract to Tritech would
aIlo� imple"ientatinu, (estiri°ted at 6 months), to begin immedig*Pl!r (cont)
Environmental Review xx N/A
Financial Statement' The project will not impact the FY 1999/2000.budget. The project
be funded FY 1997/98 and FY 98/99 Local Law Enforcement Block Grant, FY
1998/99 Supplemennal law Enforcement Services Funds, 98 COPS More Funding and
Assett Seizure Fu--.sing already appropriated. (Refer to CIP Project #8010
STAFF RECOMMENDATION
Approve the Resc=u=ion.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS f Listed Below) Resolution No 99-38
Resolution
Memo from City ___==rney
Agreement can be reviewed in the City Clerk's Office
>- :D (Re.. a/?0`
COUNCIL AGENDA STATEMENT
RESOLUTION AUTHORIZING WAIVER OF BID PROCESS AND PURCHASE
OF CAD/RMS SYSTEM FROM TRITECH SOFTWARE SYSTEMS
PAGE 2
3. A significant portion of the funds appropriated to the project. S178,801
in FY 1997/98 Local Law Enforcement Block Grant funds have an
expenditure deadline of September 30, 1999, and no extension on this
funding can be obtained. The 4 to 6 months needed for the bid process
and subsequent contract negotiations would place meeting the
expenditure deadline for these funds in serious jeopardy.
4. Tritech's proposed CAD/RMS system utilizes the Mobile Access Software
Incorporated RMS. MASI, which is also the provider of the existing AFR
is already has an "off the shelf "interface between the RMS and the Police
Department's existing AFR system which will minimize both cost and
implementation time.
5. The Tritech CAD system, was among several CAD evaluated by NCPD
most reliable, user friendly of the NT based CAD systems evaluated by
National City Police Department staff in an evaluation that included site
visits at several installation sites.
6. Tritech, a local vendor, was the only NT CAD vendor capable of
providing local on -site support.
The following. is a further description of these special circumstances.
The proposed C_AD/RMS system from Tritech Systems Software is being offered at
a competitive price and no significant price advantages would be gained by
competitive bidding the project as a whole.
In June. 1998 the Warner Group conducted a CAD/RMS needs assessment for the
National City Police Department. Part of Warner Group's task was to determine the cost
system of a CAD RMS system which would meet the functional needs of the National
City Police Deparnnent. In the Warner Group Report which was presented to Council in
at the June. 199S. The Warner Group which represents numerous agencies procuring.
CAD/RMS systems and has extensive knowledge of the CAD/RMS market indicated in
the report that the cost range of a CAD/RMS system which would meet the National City
Police Departire-t's functional requirements at between S699.000 and S1.1 million
dollars. excluding RIMS workstation hardware.
COUNCIL AGENDA STATEMENT
RESOLUTION AUTHORIZING WAIVER OF BID PROCESS AND PURCHASE
OF CAD/RMS SYSTEM FROM TRITECH SOFTWARE SYSTEMS
PAGE 3
The National City Police Department currently has only S712, 292 available for the
project.
Under the terms of the agreement Tritech would serve as the prime contractor for the
project and provide a CAD/RMS system, including property management and case
management components, which will meet National City Police Department's functional
requirements at a one time cost of $670,819. The proposed system would include all
hardware, software, integration services, training and one year of maintenance for the
system. The proposed system would include standard interfaces between CAD and RMS.
911, the Sun System and CLETS, Automated Field Reporting system. In the proposal
Tritech is substantially discounting their software and services in the offer for National
City in order that they have a site where they can periodically test new enhancements and
showcase their product.
Recently, in February, 1999 competitively bid contact for the Oceanside Police
Department; Tritech Software systems was selected to provide a CAD/RIMS . excluding
hardware, at a cost of S1,130,000.
Tritech's proposal to National City offers a CAD/R_MS system which meets the National
City Police Department's functional requirements and is substantially less than the
estimates of the Warner Group study or the recently competitively bid contract with
Oceanside.
Warner Group reviewed the Tritech's proposal and recommended that National City
proceed with a sole source contract procurement from Tritech because of their assessment
that there was little likelihood of any significant price advantage to be gained from
competitive bidding and because of the need to implement a new system prior to the Year
2000.
Staff research indicated that there may be $10-20,000 in potential savings on hardware
and third party software, if those items are procured from a vendor other than Tritech.
Under the terms of the proposed agreement with Tritech. the City would retain the right
to independently procure hardware and third party software according to the
specifications provided by Tritech. Under the contract Tritech would still warrant that
the hardware which they specify for the system would meet the systems functional needs
and requirements.
COUNCIL AGENDA STATEMENT
RESOLUTION AUTHORIZING WAIVER OF BID PROCESS AND PURCHASE
OF CAD/RMS SYSTEM FROM TRITECH SOFTWARE SYSTEMS
PAGE 4
The Police Department's current C.A.D. / R.M.S. system, known as the C.A.R.S.
system is not Year 2000 compliant. A new system needs to be operational by
November, 1999. Waiver of the bid process would allow implementation to begin
immediately.
Neither the hardware, operating system software nor CAD/RMS software of the Police
Department's existing CAD/RMS system, known as CARS, is Year 2K compliant. Either
a new system or interim system needs to be operational place by November, 1999. Going
to bid and subsecuent contract negotiations on such a system would likely take 4-6
months. Such a delay would prevent a new system from being implemented in time to
meet Year 2K deadline.
One possible option evaluated by staff was migrating the existing inadequate C.A.R.S.
system on an interim basis to software and hardware that is Year 2K compliant, and
going out to bid on a new system.. Cost estimates of such an option have ranged between
$20,000 and $100.000. Staff does not recommend this option as the primary approach as
it basically would involve the expenditure of limited financial resources for a temporary
solution, essentially throwing good money after bad. Additionally this temporary
recommend would not offer any increase in functionality over the existing system. Staff
does recommend this option as backup plan only in the event CAD/RVIS
implementation timetables are not met.
Under the proposed agreement, the CAD system and all mission critical elements of the
RMS that replaces existing CARS functionality will be operational by November 1. 1999.
Waiver of the bid process and awarding the contract to Tritech Software Systems would
allow implementation to begin immediately and help insure that Year 2 K timetables are
met, and that the totality of the financial resources for this project are devoted to a new
long-term CAD/RMS solution.
A significant portion of the funds appropriated to the project. S178.801 in FY
1997/98 Local Law Enforcement Block Grant funds, have an expenditure deadline
of September 30. 1999. No extension may be obtained on Local Law Enforcement
Block Grant funds.
The 4 to 6 months of time needed to bid and negotiate a contract for the CAD/RMfS
project will make it very difficult to meet the expenditure deadline for the Local Law
COUNCIL AGENDA STATEMENT
RESOLUTION AUTHORIZING WAIVER OF BID PROCESS AND
PURCHASE OF CAD/RMS SYSTEM FROM TRITECH SYSTEMS SOFTWARE
PAGE 5
Enforcement Block grant funds. In the event the expenditure deadline is not met- the
funds would be lost. Waiver of the bid process and awarding the contract to Tritech
would help insure that the expenditure deadline for over 25 percent of the available
funding for the project is met. Waiver of the bid process and awarding the connact to
Tritech would insure that the Local Law Enforcement Block expenditure deadline is met.
The Tritech CAD was found to be the most reliable, user friendly and best meet the
functional requirements of NCPD.
A committee of key NCPD staff evaluated several CAD/RMS systems. Part of this
evaluation consisted of site visits to various installation sites. Committee members
included Records Manager Bergman. Acting Supervising Police Dispatcher Mar.:
Gaffney, Dispatcher Matron Marie Hernandez, Dispatcher Renee Love and Records
Clerk Kathy O'Brien and the Operations Support Lieutenant Mike Iglesias.
The evaluation criteria was as follows.
1. Designed and programmed to operate on Windows NT network and
workstation client /server based operating systems.
2. Has an NT based CAD installation at least 1 year old that has been
handling a calls for service load of 50,000 per year..
3. Company in existence at least 5 years
4. Open database programming and open architecture programming.
5. Graphic User Interface
6. Integrated CAD/RMS system
7. Ability to integrate with existing AFR.
8. Performance reliability, especially in CAD function
9. Ability to provide solution with minimum of customization
10. Ability to begin implementation immediately.
11. Good customer service history.
12. Capable of providing on -site support
13. Cost of system within budgetary limitations
COUNCIL AGENDA STATEMENT
RESOLUTION AUTHORIZING WAIVER OF BID PROCESS AND PURCHASE
OF CAD/RMS SYSTEMS FROM TRITECH SOFTWARE SYSTEMS
PAGE 6
The following systems were reviewed and failed on one or more of the evaluation
criteria.
1. Valor Systems: This system had no developed RMS component
2. Q.E.D: This system runs on a Unix platform.
3. New World's: Aegis This system runs on an AS 400
4. Spillman's CAD/RMS Report Writing runs on a Unix based system.
5. ComnuDawn System: No installations in the State of California
6. Unisys: Cost of CAD component only for Chula Vista PD in excess of
$1.0 million. Only recent experience with NT systems.
The selection committee chose 3 CAD/RMS systems for site visits and further revie'.v
and made the following evaluations:
1. Vision Software -failed due to lack of reliability in the CAD function. During
a site visit at their most recent installation at San Fernando PD, Dispatch
personnel advised the committee that they had chronic problems with the
system "locking up" or failing to transition from screen to screen. This
occurred several times during our site visit. Vision software does not provide
on site support for it's CAD product relying completely on phone support or
modem.
2. Cvrun-during site visit to Westminster PD it was determined that this system
would involve substantial customization and delays in implementation. Due to
the customization and development involved in the product, Westminister to
date still does not have an installed live CAD system despite the fact that they
have had a signed contract since December, 1997. Additionally, the company
is new. only 2 years old ,and has less than 10 employees. Cyrun does not yet
have an installation in an agency with the volume of calls approximating
National City's. Cyrun's small size. lack of time in business, lack of a
product that does not require substantial development and customization_ and
lack of an installation in an agency with a calls for service equal or greater to
National City's made, the committee felt their product would not be
accet able.
COUNCIL AGENDA STATEMENT
RESOLUTION AUTHORIZING WAIVER OF BID PROCESS AND
PURCHASE OF CAD/RMS SYSTEM FROM TRITECH SOFTWARE
SYSTEMS
PAGE 7
3. Tritech Systems -a site visit was made to Tritech installation for the
City of Santa Ana where the CAD, which has been operational since
December, 1997; has had an outstanding reliability and performance r�
The CAD in Santa Ana has never "locked up" or had a malfunction rh
caused down time for the system since it went Iive. Not even a minor =obiem -
with the system since July, 1998. During the site visit, NCPD staff half. an
opportunity to use the Tritech CAD and found it was easy to use and
functional requirements such as premise history, safety prompts, and
callstatus screens. The system has open architecture and can easily be
integrated with other systems. Tritech implemented system in Santa A=-
within 4 months of contract signing. The Santa Ana CAD handles a vc:tee of
80,000 per year exceeding the National City call volume.
Applying Window NT based client -server CAD/R.WS sy,TTems is a reiadvei y
new development in CAD/RMS systems. These NT based CAD syste= en,
greater flexibility in integration with other systems by allowing the use'
windows based software as well as a reductions in hardware costs.
Tritech Software Systems which has been in business since 1983, and -
employees, was the first company to develop an NT client -se:-: er based :
AD
system in 1992. Their product is currently in it's 4th veneration, has o-: e
installations and is the most proven ,developed and reliable system on _e
market.
Tritech's proposed CAD/RMS system utilizes a Mobile Access Soft -ware
Incorporated (VIASI) Records Management System. Tritech will be able to provide
an off the shelf interface between the RMS and the Police Department's existing
Automated Field Reporting System which will minimize both cost and
implementation time.
MASI is the provider of the Police Department's Automated Field Reporfzs i A_=
software. Under Tritech's proposal, they have parmered with MASI who will
the RMS. The MASI RMS, known and the InfoCenter. already has a developed = :e
shelf interface" to the AFR thus eliminating time and cost associated wiM devei the
COUNCIL AGENDA STATEMENT
RESOLUTION AUTHORIZING WAIVER OF BID PROCESS AND PURCHASE
OF CAD/RMVIS SYSTEM FROM TRITECH SOFTWARE SYSTEMS
PAGE 8
interface. This will help meet some of the strict time requirements for implementation
imposed on the project by Year 2K issues.
Tritech and it's sub -contractor are both local vendors and capable of providing on -
site support for the systems when necessary.
Although the majority of the maintenance and support can be provide for our
information systems via modem, it has been the Police Department's experience with our
other information systems that utilize modem support such as ARES, SUNICLETS_ and
E-911. and AFR_ that about 10 percent of our trouble calls require an on -site response to
trouble shoot. As the CAD system is the information system most critical to the
operations of the police department, the Police Department views the willingness and
ability of a vendor to provide on -site support when necessary as a critical need. Tritech,
and their RMS subcontractor MASI, due in part to their close geographical proximity to
National City, was the only vendor that was both capable and willing to provide on -she
support when necessary on a 7/24 hour basis.
Under the terms of the contract, National City will receive 12 months of maintenance
support after the acceptance of each system, CAD and RMS. After that the Police
Department will enter into separate support agreements for the CAD and RMS with
Tritech and :vL I respectively. The annual cost of support and maintenance after the
first year of operation is S41,630 for the RMS system and S34,210 for the CAD s: em.
It is projected that these costs will begin to impact the National City Police Depar.-'ent s
budget during in mid -year during FY 2000/01.
Contingency
The 5670.319 to_.i contract cost is 541, 859 less than the total S712,678 in f ndirg for
the project allowing for an adequate contingency fund for the project.
Other Contract Issues
During negotiations Tritech requested that the City revise its standard contract with
respect to the of liability from which it will indemnify the City. Due :o the
benefits to be g-.red from the Contract, staff including the City Attorney and Risk
Manager. agreed to revise the standard contract language on indemnification in ter.`_ for
Tritech increasinz their insurance to S5,000,000 devoted exclusively to this orojec:. The
City Attorney and Risk Manager believe that this will provide the City with adequa:e
liability protection. (For further detail see attached memo from City Attorney Gecr_e
Eiser.
COUNCIL AGENDA STATEMENT
RESOLUTION AUTHORIZING WAIVER OF BID PROCESS AND PURCHASE
OF CAD/RMS SYSTEM FROM TRITECH SOFTWARE SYSTEMS
PAGE 9
Staff Recommendation
The proposed contract with Tritech offers a proven reliable CAD system that meets the
National City Police Departments functional needs, at a substantially discounted and
competitive cost, with local on -site support. Additionally Tritech's ability to implement a
system that requires and minimum of customization in a timely manner, the Police
Department's need to have it's CAD/RMS system replaced by Year 2000, staff believes
that it is in the City's best interest to waive the bidding requirements and enter into a
contract with Tritech for the purchase of a CAD/RMS system.
RESOLUTION NO.99 —38
RESOLUTION OF THE CTTY COUNCIL OF THE
CITY OF NATIONAL CITY AUTHORIZING 'liJ
THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN 'ME CITY OF NATIONAL CITY AND
TRITECH SOFTWARE SYSTEMS FOR A COMPUTER
AIDED DISPATCH AND RECORDS MANAGEMENT
SYSTEM FOR THE POLICE DEPARTMENT
WHEREAS, the City desires to employ a contractor to deliver, install and
integrate a Turnkey Computer Aided Dispatch (CAD) System and Records Managemee
System (RMS) for the Police Department; and
WHEREAS, the City has determined that Tritech Software Systems is q»alifie.i
by experience and ability to perform the services desired by the City, and is willing to perform
such services; and
WHEREAS, pursuant to Section 12.60.220(D) of the National City Municipa l
Code, the Purchasing Agent may dispense with the requirements of the bidding process whe^
the City Councildetermines that due to special circumstances, it is to the City's best interest
purchase a commodity or enter into a contract without compliance with the bidding procedure..
NOW, THEREFORE, BE IT RESOLVED that the City Council of the Ci-r
of National Ciry finds special circumstances to exist, and hereby authorizes the Purchasi, z
Agent to waive the bidding process, and awards an agreement to Tritech Software Systems for
the Police De^,. rtment's Turnkey Computer Aided Dispatch (CAD) System and Record
Management System (RMS). Said agreement is on file in the office of the City Clerk.
PASSED and ADOYiEi) this 6'' day of April, 1999.
ATTEST:
Michael R. Da a, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
George H. Waters, Mayor
City of National City
Office of the City Attorney
1243 National City Boulevard, National City, CA 91950
George H. Eiser, Ill . City Attorney
(619) 336-4220 FAX (619) 336-4327 TDD (619) 336-1615
TO: Mayor and City Council DATE: March 30, 1999
FROM: City Attorney
SUBJECT: Proposed Agreement for Purchase of Software from Tritech Software Systems
Tritech Software Systems, has requested that the City revise its standard contract with respect to the
degree of liability from which it will indemnify the City.
The City's standard contract language requires the Contractor to carry liability insurance, usually
with a minimum of $1 Million in coverage, and naming the City and its officials and employees as
additional insureds. Additionally, the Contractor is required to indemnify the City and its officials
and employees from all liability or loss arising from the Contractor's performance of the contract,
irrespective of the amount of insurance coverage the Contractor may have.
In the present ease, Tritech has requested that where it has no insurance coverage for a particular
type of claim, its liability will be limited to the contract price, i.e. approximately $670,000, and only
with respect to "direct", as compared with "consequential," damages. (An example of dire
damages would be a breach of contract; an example of consequential damages would be a claim by a
third party because of some failure of the Police Department's software system). Further, where
Tritech does have insurance coverage, it has requested that its liability be limited to the amount of
that coverage.
Because of the perceived benefit to the City in dealing with this Contractor, the staff has revised the
City's standard contra as requested by Tritech and, in order to protect the City, has additionally
increased the required minimum liability insurance coverage to $5 Million, with at least that amount
being dedicated solely m this contract.
The net effect of these revisions will afford the City somewhat less in terms of protection again.. -
liability than the City's standard contract normally provides, but in staff's view, the City will sc:l
receive acceptable pro rction from liability.
GEORGE H. EISER, III
City Attorney
GHE/gmo
c:\wordleiser\memos\triter-h evistkaas
,�ctc� Paper
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE P_L it 6, 1999 AGENDA ITEM NO. 9
ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A USER AGREEMEN
WITH METRICOM INC. TO INSTALL POLETOP RADIO TRANSCEIVERS IN THE CITY'S
PUBLIC RIGHT-OF-WAY.
PREPARED BY Michael Long DEPARTMENT Engineering
EXPLANATION.
SEE ATTACHMENT
(
Environmental Review
x
N/A
Financial Statement Assuming 2% of an estimated 18,000 households subscribe to this
service at and 47 city owned poles are used, the 5% franchise fee plus the
annual fee of $60/ccle/yr wi c eate approximately $9,800 in revenue annually for the
City. After the third annive s, of )the effective date the City will have the right to
raise the franchise fee to 7'. o t e! Gr As receipts.
Account No
iAi� the Mayor to sign the franchise
e City.
STAFF RECOMMENDATION
Adopt the Resol
agreement between Metficom
Inc. and t
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below)
Resolution No
1. Attac menu (List of Cities currently using services)
2. Res&^-`^-
3. Agreemenn
257Prma,. =/801
99-39
RE: RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A USER AGREEMENT WITH
METRICOM INC. TO INSTALL POLETOP RADIO TRANSCEIVERS IN THE CITY'S
PUBLIC RIGH':'-OF-WAY.
Installation of transceivers
Telecommunications capability
maintenance, removal and/or
responsibility cf Metricom Inc
(5) years with a renewal option
five (5) years each.
will provide subscribers with Wireless
at no cost to the City. Installation,
replacement of units will be the sole
. The term of this agreement will be five
for two (2) successive additional terms of
The proposed products and services will provide portable and desktop
computer users w__h high performance, wireless, local area networks (LANs),
e-mail, and other on-line services. The current Ricochet service from
Metricom provides these services in the San Francisco Bay area, Seattle,
and Washington D.C. Metropolitan areas. See the attachment for a complete
list of the cities served within these areas.
Metricom is attempting to add the San Diego County region to its list of
major metropolitan areas served. They currently have signed franchise
agreements with the following Cities: Escondido, Chula Vista, Vista,
Imperial Beach, El Cajon, and Encinitas and are presently in negotiations
with the City and County of San Diego, San Marcos, Poway and Santee.
+711
RESOLUTION NO.99 - 39
RESOLUTION OF THE CITY COUNCIL OF THJ
CITY OF NATIONAL CITY AUTHORIZING THE
MAYOR TO EXECUTE A FRANCHISE AGREEMENT
WITH METRICOM, INC. TO INSTALL POLETOP
RADIO TRANSCEIVERS IN Mk, CITY'S
PUBLIC RIGHT-OF-WAY
WHEREAS, Metricom, Inc. has proposed a franchise agreement with the City
for the installation of poletop radio transceivers which will provide internet subscribers with
wireless telecommunications capability at no cost to the City; and
WHEREAS, the installation, maintenance, removal and/or .1ael-ment of the
units will be in City right -if -way but will be the sole responsibility of Metricom, Inc.; and
WHEREAS, the term of the franchise agreement will be for five (5) years with
a renewal option for two (2) successive additional terms of five (5) years each.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of National City hereby authorizes the Mayor to execute a Franchise Agreement with
Metricom, Inc. to install poletop radio transceivers in the City's public right-of-way. Said
agreement in on file in the office of the City Clerk.
PASSED and ADOPTED this 6ie day of April, 1999.
George H. Waters, Mayor
ATTEST:
Michael R Dal1a, City Clerk
APPROVFT) AS TO FORM:
/-)
George H. Eiserr, III
City Attorney
List of Cities with Current Ricochet Coverage
Page 1 of
iisit •: %:�"<`, Order low
List of Cities with Ricochet Coverage
Ricochet subscribers should be able to receive network service in the following list of
cities.
Check here to see a list of University & College Campuses covered by Ricochet.
Check here to see a list of covered University Partners Program Campuses.
Metricom has Ricochet coverage in the following cities as of January 29, 1998:
San Francisco Bay
Area
Seattle Area
Washington D.C.
Airports & Other
A
A
San Jose (SJC)
Alderwood-Manor
Adelphi
San Francisco (SFO)
A
Oakland (OAK)
Alameda
B
Alexandria
Albany
Antioch
Beaux Arts
Village
Annandale
Arlington
Sea Tac (SEA)
Atherton
Bellevue
Aspen Hill
Baltimore -Washington
B
Bothell
B
(B WI)
Baypoint
Bothell
Bailey's Crossroads
National Airport
Bavview-view
Commercial
Beltsville
(DCA)
Belmont
District
Bethesda
Belvedere
Bothell North
Burke
John Wayne Orange
Berkeley
Brier
Burtonsville
Co.(SNA)
Brisbane
Bryn
C
Los Angeles (LAX)
Burbank
Mawr -Skyway
Cabin
Burlingame
Burien
John-Brookmont
Minneapolis/St. Paul
C
C
Calverton
(MSP)
Cambrian Park
Campbell
Capitola
Cascade-Fairwood
D
Des Moines
Camp Springs
CarmodyNNewYork-Laguardia
Hills -Pepper Mill
p
(NYC)
Coima
E
Village
Phoenix (PHX)
Concord
East Hill -Meridian
Centreville
Corte Madera
Eastaate
Chantilly
Areas Covered by
Cupertino
Edmonds
Chevy Chase
iK Energy
D
Esperance
Chillum
Daly City
Everett
Clinton
Danville
F
Cloverly
Scottsbluff, Nebraska
Dublin
Federal Way
Colesville
Gering. Nebraska
E
I
Coral Hills
Casper. Wyoming
East Foothills
Inglewood -Finn
D
earner, Nebraska
El Sobrante
Hill
Dodge Park
err town. Nebraska
Emeryville
Jssaquah
Dunn Loring
cer. Wyoming
hap:. ,`t , \v.ricochet.net. coverage/citylist.html
9
List of Cities with Current Ricochet Coverage
Emeryville Issaquah Dunn Loring
oster City
remont
ayward
illsborough
ensington
entfield
arkspur
ivermore
os Altos
os Gatos
ucas
alley-Marinwood
artinez
enlo Park
ill Valley
illbrae
ilpitas
onte Sereno
ountain View
ewark
ovato
0
akland
akley
acheco
alo Alto
ittsburg
leasanton
ancho Rinconada
edwood City
S
San Anselmo
San Bruno
San Carlos
San Francisco
San Jose
San Leandro
San Mateo
enmore
ent
ingsgate
rkland
ake Forest North
ake Forest Park
ake
Serene -North
ynnwood
akeland North
akeland South
ynwood
ast Riverdale
airfax
airland
orestville
ort Hunt
ort Washington
ranconia
riendly
G r
arret Park
aithersburg
ermantown
len Echo
artha Lake roveton
edina
ercer Island
ill Creek
ountlake Terrace
ormandy
ormandy Park
orth Hill
aine Field -Lake
Stickney
Me Lake
edmond
enton
verton Blvd.
ark
S
Sahalle
SeaTac
Seattle
Sheridan Beach
Shoreline
ukwila
Vest Lake
Sammainish
White Center
Shorewood
erndon
llandale
llcrest Heights
dylwood
efferson
ensington
entland
ake Barcroft
angley Park
anham-Seabrook
incolnia
Iantua
arlow Heights
artin's Additions
IcLean
Ierrifield
Iontgomery
illage
I orth Bethesda
I 'orth Kensington
0
lney
xon
•
•
Page 2 of
!Alliance, Nebraska
http:i/yvww.ricochet.net/coveraze.;citylist.html 3/29/c.=
List of Cities with Current Ricochet Coverage Page 3 of
San Rafael
San Ramon
Santa Clara
Santa Cruz
Sausalito
South San Francisco
Stanford
Sunnyvale
T
Tamalpais-Homestead
Valley
Tara Hills
Tiburon
U
Union City
V
Vine Hill
W
Walnut Creek
Woodside
Woodinville
Y
Yarrow Point
11-Glassmanor
almer Park
immit Hills
edland
eaton
ockville
ose Hill
ossmoor
Seven Corners
Silver Spring
Somerset
South Kensington
Suitland-Silver Hill!
akoma Park
emple Hills
ysons Corner
alker Mill
ashinaton D.C.
ashinaton Grove
est Laurel
eaton
lenmont
'bite Oak
olf Trap
oodlawn
Copyright 1999 Metricom, Inc. All Rights Reserved Metricom Web Sis e Privacy Policy:
www.ricochet.neticoverag_alcitylist.html
NATIONAL CITY
FRANCHISE AGREEMENT
I.S 1.RANCr1SE AGREEMENT (the "Franchise Agreement"), dated as of
1999, is entered into by and between the CITY OF
NATIONAL CITY, a municipal corporation of the State of California ("City"),
and METRICOM, I'i NC., a corporation organized and existing under the laws of the
State of Delaware ("Grantee").
RECITALS
WHEREAS, City and Grantee desire to enter into an agreement to govern the
parties' respective rights and obligations relating to an microcellular digital network
radio system (the 'System") to be installed by Grantee in City streets and rights of way
and light fixtu_es owned and operated by San Diego Gas & Electric Company
("SDG&E") located in public streets and rights of way; and
WHEREAS. Grantee has filed an application for a nonexclusive franchise to
operate itr Syste_--_ along, over, and across public streets and rights of way, City streets
and rights of way or on SDGRrP street -light poles within the City (the "Franchise"); and
WHEREAS. on , 1999, the City Council of National City
passed and adopted Resolution No. approving issuance of the Franchise.
NOW, THE EFORE, in consideration of the award of a nonexclusive franchise
and of the covenants and conditions set forth herein, the parties enter into this Franchise
Agreement.
AGREEMENT
1 EXHIBITS. The following documents are exhibits to this Agreement and are
attached hereto and incorporated by these references.
(a) Exhibit A. Narrative System Description, Description of
microcellular data network radios (the "Radios"), and
Technical Information.
(b) Exhibit B. System Plans and Specifications.
(c) Exhibit C. Form of Surety Bond.
(d) Exhibit D. Form of Letter of Credit.
Franchise Agreev:ent
City of Nat:anal City :: Memconr. Inc.
page I of 20
02/10/g9 I:03 7.".1
2 Tsx.M. The term for which this Franchise is granted is five (5) years, commierr:--a
on the Effective Date (as defined in § 17), unless it is terminated earlier pursuant tog 1.4_
2.1 Renewal of Franchise Agreement. Upon the expiration of th.e iridai term
of this Franchise Agreement, Metricom shall have the right, subject to the
conditions herein, to renew the tee of this Franchise Agreement for two (2
successive additional terms of five (5) years each on the same terms and
conditions as set forth herein. In order to exercise either or both of its renew`
options hereunder, Metricom must give written notice to the City at least one
hundred twenty (120) days prior to the expiration of the initial term or E __
renewal term, as the case may be. Notwithstanding the foregoing, Ieticom
exercise of either the first or second renewal option shall be null and void un ens
the City Council, -in the exercise of unreviewabie discretion, affirmatively
in a writing delivered to Metricom to Metricom's exercise of its renewal atto—
within ninety (90) days after the date of Me*ricom's notice of exerts a to the City_
The City Council may refuse to provide its assent to the renewal for any reesc-
without regard to the reasonableness thereof. If Metricom fails to exercise ei
the first or the second renewal option, as the case may be, as and when provide
hereunder, or if the City Council fails to grant its assent to any such exe=e
Me: ricorn, this Franchise shall terminate upon the expiration of the lard i. term c .
first renewal term, as the case may be, and neither party shall have any further
rights or obligations hereunder except as may be specifically provided herei_.
with respect to obligations and rights which shall survive the expiration c_
earlier tm niration of this Franchise Agreement
3 GRANT OF FRANC -ESE. City grants to Grantee a nonexclusive franchise .n. the
City's stree and rights of way for the purpose of mounting, installation, operation,
repair, and maintenance, at Grantee's sole exeerse, of the System more parr= aria
identified in Exhibit A, on SDG&E-owr.ed poles, in accordance with the plans and
specifications for the System set forth in Exhibit C, in order to provide izoc^erL
wireless t.iat'a cornrnuricaion services relating thereto (the " ervices").
3.1 Pole Locations. Grantee shall submit for approval to the City E ae_r
complete list of proposed pole attachment locations prior to deploytoner.t any
installation. The City Engineer shall issue written approval cf the spec is pole , ca_ :_
prior to deployment by the Grantee. Grantee shall submit written proof, in a :o:—
acceptable to the City Engineer, that Grantee has secured the Consent of is cr_
attach its Radios to SDG&E poles which are the subject of its application prior to the
issuance of any City approvals or permits. The pole ?ocatorts specified in arty C:--
approval may be amended from time �me •^to _- t0 �. L�Cr, ....'St cf Grantee subject the
prior written consent cf the City Engineer and SiC&E. Grantee sh.
, rrcmi 0I- -r.10..w.9%� ri✓iJ/QQ :..... ..
Francithe A, r...�_t
City cf Varian,! Gist:: .'.'_.'rc—s,
pas.: 2 cf20
provide City with an updated pole location list showing any such installed cr
relocated poles.
4 CONSIDERATION AND SECURITY. Grantee shall pay to City as consideration fur
the granting of this :Franchise and the use of the City's streets and rights of way the few
and amounts specified in the subsections which follow and shall post the secur_ y
herein stated.
4.1 Franchise Fee. Commencing upon the first anniversary of the Effeed
Date and cor-_inuing through and including the third anniversary of the Effect -
Date, Grantee shall pay annually to City an amount (the "Franchise Fee
equivalent tc five percent (5%) of the Gross Receipts of the Grantee (as defined =
§ 4.1.2 below) for the period -of one (1) year prior to each such anniversary.
•
4.1.1 City's Discretionary Increase. Effective upon the third anniversa=_
of the Fffective Date of this Franchise Agreement, City shall have t=
right, in its absolute and sole discretion, to increase the amount of
Franchise Fee to seven and one-half percent (7.5%) of the Gross Receipts
the Grantee collected during the period commencing upon the the
anniversary of the Fffective Date and continuing for the remainder of
init =erm and any renewal term hereunder. In order to exercise its under this this § 4.1.1, the City Council of City must pass a resolutirr
dete_-^_.ining to raise the Franchise Fee as provided in ? 4.1.1 and not_
Gras ee of the passage of such resolution by mailing a copy of 5-Lich
resolution to Grantee on or before the date which is six (6) months prior
the third anniversary of the Fffective Date. The parties intend that Cit
exercise of its right under this § 4.1.1 shall, to the fullest extent posy__=
under applicable law, be an absolute prerogative not subject to judie-
review.
4.1.2 Gross Receipts. As used herein the term Gross Receipts means
re -venue, sue, as determined in accordance with Generally Accep=
Accc..:nting Principles, including all revenues designated or classified as
set -aside or attributed for Franchise fees, which is received, directly
indirectly, by Grantee and any affiliate or subsidiary from or in connec
ticn
the distribution of any Service over the System to customers
bi addresses within the City or the sale, rental, or lease of an__-
ecu__ment by Grantee to its customers with billing addresses within
Cit.-It is intended that all revenue collected by the Grantee and any
a_.il_=re or subsidiary from any activity relating to the distribution _ _
Seri _:e over the System, whether or not authorized, be included in =-
definition. Gross Receipts shall also specifically include the follow
Franchise Agreement
C:ey cf Vational CP.] Metricarn. Inc.
page 3 of 20
32.72199 1:03 P.M
(i) the fair market value of any nonmonetary (i.e., barter) transactions
between Grantee and any person with a billing address within the City,
but not less than the customary prices paid in conn.ecrion with equivalent -
transactions; (ii) the fair market value of any nonmonetary (i.e. barter,-: •
transactions between Grantee and any affiliate or subsidiary with a bii1Try
address within the City, but not less than the customary prices paid in
connection with equivalent transactions conducted with persons who are
not an affiliate or subsidiary; and (iii) any revenue received by Grantee
which the City reasonably determines from time to time as revenue nc:
previously included in Gross Receipts in an unjustified attempt to avoid
paying the compensation reserved to the City hereunder in consideration
of Franchise granted herein. Gross Receipts shall not include (a) the
revenue of any person or entity to the extent that said revenue is also
included in Gross Receipts of Grantee; (6) taxes imposed by law on users
which Grantee is obligated to collect; and (y) amounts which must be
excluded pursuant to applicable law. Grantee shall be entitled to a ced_=t
against the subsequent year's franchise fee payments for refunds on
equipment or services made by Grantee to its customers with
addresses within the City.
4.1.3 Verified Statement and Payment. Not later than thirty (30) days
following each anniversary of the Effective Date, Grantee shall file With
the City Clerk a verified statement showing in de+pitthe Gross Receipts of
Grantee received from subscribers of Grantee for the period of one year
prior to the most current anniversary of the Effective Date. The annual
Franchise Fee shall be due and payable not later than forty-five (45) days
following each anniversary of the Effective Date.
4.1.4 Late Charges. In the event that any Franchise Fee payment cr -
recomputed amount is not made on or before the dates specified herein.
Grantee shall pay as additional compensation the greater of the following:
(a) An interest charge, computed from such due date, at the
annual rate equal to the prevailing commercial pr-
interest rate in effect upon the due date.
A sum of money equal to $500.00 for each month or parr
thereof of delay beyond ten (10) days after said sum is due
and payable, which sum shall bear interest from the due
date at an annual rate equal to the prevailing commercial
prime interest rate in effect upon the due date.
(b)
Franchise Agreement
Cie.,: at-Nar:onai City :: Metricom, Inc.
rage 4 of 20
national citu3.doc [01 r& r:.ara.97 f 02/10/99 1:03 :=M
4 2 Cit. Access Program Subscription Rate. In consideration of City's
execution and delivery of this Franchise Agreement, City shall have the right
throughout the term of this Franchise Agreement to purchase a number of
subscriptrcrs based upon the City's population, up to the maximum number set
forth below, to Ricochet® Basic Service Subscriptions when such service is
commerc=i`v available in the City at the rate of fifty percent (50%) of the re . lar
Basic Service Subscription rate as current from time to time. The number of
subscript c 's which the City may purchase at the City Access Program rate shall
be determined in accordance with the City's official population, as shown on the
latest ava='-bie census data, as follows: (a) for cities with -a population of less than
100,000, = to a maximum of twenty (20) discount subscriptions; (b) for cities
with a pc *ration of 100,000 to 249,000, up to a maximum of thirty (30) discount
subscrip t c s; (c) for cities with a population of 250,000 to -500,000, up to a
maxim= of forty (40) discount subscriptions; and (d) for cities wih a
population of over 500,000, up to a maximum of fifty (50) discount subscriptions.
City undr tends and agrees that Metricom's modems and equipment rec- ±red
to utiii7e Me discounted subscriptions and any additional service subscriptions
or service o_tions the City may desire are expressly excluded from this s_ecI
City Access Program rate and may be obtained from either Metricom or an
authorize' retailer at market rates current from time to time or under other
promotici programs which may be available from time to time in addition to
the City = _zoess Program rate. City shall use all subscriptions provided pursuant
to this § solely for its own use and shall not be entitled to resell, disc bate, or
otherwise _erinitthe use of the same by any other party.
4.3 Potantial Utility Users' Tax. Grantee acknowledges and agrees that the
City ma': recuire users of communications services such as the Services provided
by Gray_ e potentially to pay a utility users' tax. If City determines that
commu=_. =ions services such as the Services provided by Grantee are sub=E.--br to
City's utiLtv users' tax, Grantee agrees to collect from the users of its Se_ —:ices
and remit o City utility users' tax, all in compliance with the applicable terms
and _Lents set forth in the applicable provisions of the Municipal Code.
4.4 A. _iication and Permit Fees. Grantee shall timely pay to Citv all
applicable _eposit fees, permit fees and other fees or amounts required to be ?aid
by Grantee to City in connection with obtaining permits or performing work
under the Franchise Agreement and as required by any federal, state, or local
law, star__e. ordinance, rule or regulation.
4.5 Se city. Prior to commencement of work under this Franchise. the
Grantee shall furnish or cause to be furnished to City as security for the pun -rose
of secure = the faithful performance by Grantee of all the work, cons�_cnon.
Franci use Agreement
City of Nat.onai Croy :: Metncom, inc.
page 5 of 20
nat:anai ar.•3..iac '07 rb: _ __=
07_110/99 1:03 .'.`.:
installation, and other obligations required to be performed by Grantee under
this Franchise, within the time periods set forth in this Franchise, a bond in the
amount of Three Thousand Five Hundred Dollars ($3,300), in the form attached
hereto as Exhibit C. Notwithstanding the foregoing, City shall have the right, in
connection with its approval of any assignment or transfer of this Franchise
Agreement for which City's consent is required pursuant to §§ 13 et seq. below, to
require in the exercise of its reasonable discretion that the entire amount of the
security required under this § 4.5 be furnished to City in the form of the letter of
credit attached hereto as Exhibit D or other liquid or cash security reasonably
acceptably to City. The rights reserved to the City with respect to the sectfrity
fund are in .addition to all other rights of the -City, and no action, proceeding, or
exercise of a right with respect to such security fund shall affect any other right
the City may have. This Franchise Agreement provides no right to Grantee to
utilize any city -owned pole or other City -owned property other than the Cit,
stree+s and rights of way.
4.6 Annual Fee. Metricom shall pay to the City an annual fee (the "Annual
Fee") in the amount of Sixty Dollars (560.00) for the use of each City -owned pole
or other structure or piece of City -owned property upon which a Radio has been
installed pursuant to this Franchise Agreement. The initial _ Annual Fee shall be
due and payable not Iater than the date of installation of the first Radio on
City -owned poles or other City -owned property under this Franchise Agreement
(the "Installation Date") and shall be computed based uron the number of
Radios Metricom estimates as of the Installation Date that it will install on
City -owned poles or other City -owned property during the succeeding twelve
(12) months. The Annual Fee for subsequent years shall be due and payable not
later than thirty (30) days following each anniversary of the Installation Date and
shall equal the total number of Radios then installed on City -owned poles or
other City -owned property pursuant to this Franchise Agreement multiplied by
the Annual Fee, adjusted for the Prior Year Adjusment, as described
immediately below. The Prior Year Adjustment shall either incease or decrease
a subsequent year's aggregate Annual Fee to account for the installation or
removal of Radios during the prior year, and shall equal the difference between
(i) the total number of Radios used to calculate the prior year's aggregate Annual
Fee multiplied by twelve (12) and (ii) the actual number of Radio Months whicit
occurred during such year, multiplied by one -twelfth of the Annual Fee. "Radio
Month" means a calendar month during which a Radio occupies space on a
City -owned pole or other City -owned property, even if such occupancy is less
than the entire month.
Francinse Agreemen:
Cih, of Narccai City ::.Viet^r_m. inc.
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4.6.1 CPI Adjustment. At the commencement of each renewal term, the
Annual Fee with respect to such term shall be adjusted effective
January 15t of the first year of such renewal term by a percentage amount
equal `o the percentage change in the U.S. Department of Labor, Bureau of
Labor Statistics, Consumer Price Index of all items, Base 1982-1984, which
occurred during the previous term or renewal term, as the case may be,
for the Los Angeles -Anaheim -Riverside Consolidated Metropolitan
Statistical Area.
5 INSTALLATION, OPERATION, REPAIR, AND REMOVAL. Grantee shall perform all
mounting, s; 2 i1rtion, operation, repair, and removal of its equipment in accordance
with the terms and: conditions of this Franchise Agreement and in accordance with all
applicable feder al, ate, and city laws, statutes, ordinances, rules, and regulations and
the orders and de -ees of any courts or administrative bodies or tribunals in any way
affecting the perfcr lance of this Agreement.
5.1 Applicable Standards. The reasonable decision of the City Engineer shall
be final and nonreviewable as to whether any material or workmanship meets
the applicable standards, specifications, plans, and grades.
5.2 Responsibility for Errors. Approval by City of the plans and
specifications shall not release Grantee from the responsibilitv for or the
correc_on of any errors, omissions, or other mistakes that may be contained in
the plans and specifications.
5.3 City -Required Removal or Relocation. Grantee understands and
acknowledes that City may require Grantee to remove or relocate, and Grantee
shall, at Cit_-'s direction, remove or relocate within forty-eight (48) hours upon
reasonable request from City at Grantee's sole expense, any Radio whose
removal cr relocation City determines is needed for any of the following
purposes: '_) to facilitate or accommodate the construction, cam -pie -don, repair,
relocation: CT maintenance of a City project; (b) because the Radio is interfering
with or ad=-ersely affecting proper operation of light poles, traffic signals, or
other City facilities; (c) to accommodate the undergrounding of overhead utility
lines; or to protect or preserve the public health, safety, welfare, or interest.
City unde_±nds and acknowledges that Grantee shall have the right to remove
its Radios in the exercise of its business judgement.
5.4 Zfa fmotioning or Nonfunctioning Radios. Grantee shall remove and
replace or _pair any nonfunctioning or malfunctioning Radio within forty-eight
(48) hours _f receiving notice from the City or any third Tarty that such Radio is
Franchise Agreement.
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malfunctioning or nonfunctioning. City shall be under no obligation or duty to
inspect or otherwise monitor the performance of the System.
5.5 Removal and Restoration. Upon the completion of each installation Cr
removal of equipment by Grantee under this Franchise and upon the expi-aticn
or earlier termination of this Franchise, Grantee shall promptly restore all areas
affected by such installation or removal to a clean and safe condition, ncrm,.ai
wear and tear excepted, and to new construction standards. The provisions of
this section shall survive the expiration, completion, or earlier termination of this
Franchise.
5.6 City Performance of Removal. Upon expiration or earlier termination of
this Franchise, Grantee shall promptly, safely and carefully remove all Radios
and the System from all City property and return City property to the condition
in which the property existed immediately prior to Grantee's installation of the
Radios and the System on the property, normal wear and tear excepted. If
Grantee fails to commence this removal work within thirty (30) days fro= the
expiration date or earlier termination date of this Franchise or fails to cii i; gerrE .-
pursue this removal work, City may, but shall not be required, to perfor= said
work and charge Grantee for the costs and expenses incurred by Cit.,
performing this work. Grantee shall pay to City the costs and expenses incti=ed
by City in performing any removal work within ten (10) days of receipt of
written request for such payment from City. After City receives the
reimbursement payment from Grantee for the removal work performed by City,
City shall promptly return Grantee's equipment removed by City pursuant to
this provision. The provisions of this section shall survive the expiration or
earlier termination of this Franchise.
5.7 Risk of Loss or Damage. Grantee acknowledges and agrees that Grantee
bears all risk of loss or damage of its equipment and material installed on Cit.-
and/or SDG&E property or in City's streets and public rights -of way purs-ar t
this Franchise caused by its acts, acts of the City, or acts of third parties, except to
the extent said loss or damage was caused by the gross negligence or
misconduct of City, its employees, or agents, except as provided in §§ 5.3 and 5.C".
5.3 Condition of Photoelectric Cells. Grantee acknowledges and agrees that
Grantee bears all responsibility and costs for any and all photoelectric cells
owned by the City or SDG&E that, for any reason, require repair or repiacemen
on any light pole where Radios have been installed.
Franchise Agreeme-:
Cih, o1 Nanonai City:: ;1 ter.cant..nc.
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5.9 Workmanlike Performance. Grantee shall use and exercise due care,
caution, skill, and expertise in performing all work under this Franchise and
shall take ail reasonable steps to safeguard work site areas.
5.10 Traffic Regulation. Grantee shall plan, organize, and perform its work
under this Franchise in the manner that results in the minimum amount of traffic
disruption_ Grantee shall provide at its sole cost, all sign.s, barricades,
arrowboards. lights, high-level flag trees, flag personnel, and other devices,
materials, or personnel that may be needed in connection with the safe and
careful performance of the work allowed under this Franchise.
5.11 Underground Work. Grantee shall perform no excavaon, trenching,
coring, bor=jg; or digging into the ground, or installation of any equipment or
other material into the ground or any other underground work in connection
with the work to be performed or services to be provided by Grantee under this
Franchise, except as expressly authorized by the City Engineer in writing, and
shall not otherwise disturb or disrupt the operation or maintenance of sanitary
sewers, stc=i drains, gas or water mains, or other underground conduits, cables,
or mains.
5.12 Damage to City Facilities or Property. Grantee agrees to repair or replace
to City's sa+sfaction any facilities or property that City reasonably determines
has been damaged, destroyed, defaced, or otherwise injured as a result of the
work performed or services provided by Grantee under this Franchise.
5.13 Referral Telephone Number. Grantee agrees to provide a toll -free or
local public information telephone number to City for referral of any inquiries
that may arise regarding the installation of the System by Grantee_
5.14 No City Representations or Warranties. Grantee acknowledges that City
has made no warranties or representations regarding the fitness or suitability of
any of City's or SDGRrP's property for the installation of the System and, except
as specifica_ provided in § 5.7, that any performance of work or costs incurred
by Grantee or provision of services contemplated under this Franchise by
Grantee is a: Grantee's sole risk. Grantee acknowledges that Ciry has made no
warranties or representations that Grantee will be provided unimerrupted power
service.
5.15 Timely Payment of Fees. In connection with the work to Oe performed by
Grantee under this Franchise, Grantee shall make timely pay ent to Cit. of
applicable deposit fees, permit fees, or amounts required to be =aid by Grantee
to City in connection with obtaining permits, including any fees required by
Franchise .Agreement
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federal, state, or local law, statute, ordinance, rule, or regulation, including the
National City Municipal Code.
5.16 Reimbursement of City Expenses. In addition to any other sums due the
City hereunder in connection with the work to be performed by Grantee under
this Franchise, Grantee shall pay any and all reasonable direct expenses for
inspection and checking or any other direct expense incurred by City in
connection with such work, not to exceed Two Thousand Dollars ($2,000).
Grantee shall also reimburse the City for its reasonable actual out-of-pocket costs
relating to the preparation of this Franchise, including reasonable attorneys' and
consultants' fees, up to a maximum of Two Thousand Dollars ($2,000).
6 COMPLIANCE WITH Laws. Grantee shall comply with all federal, state, and city
laws, statutes, ordinances, rules, and regulations and the orders and decrees of any
courts or administrative bodies or tribunals with jurisdiction over the parties to this
Franchise Agreement in any manner affecting the performance of the Franchise
6.1 Nondiscrimination. Grantee shall not discriminate against any employee
or applicant for employment because of race, religion, creed, color, gender, age
(persons 40 years of age or older), disability, national origin., or any other basis to
the extent prohibited by federal, state, or local law.
6.2 Application of After -Enacted Laws. Grantee acknowledges that the City
may develop rules, regulations, and specifications for the attachment,
installation, and removal of Radios and any similar purpose radios on the
City -owned facilities and in public rights of way, including poles, and such rules_.
regulations, and specifications, when finalized, shall govern Grantee's activities
hereunder as if they had been in effect at the time this Franchise Agreement was
executed by the City; provided, however, that in no event shall such rules,
regulations, or specifications materially interfere with or affect Grantee's right tr
install Radios, or impair Grantee's ability to transmit or receive radio sign."'=
from Radios installed pursuant to and in accordance with this Franchise
Agreement, except as necessary to protect and preserve the public health and
safety.
7 INDEPENDENT CONTRACTOR. Grantee is acting as an independent contractor
performing work under this Franchise and is not an agent, servant, or employee of Cit.:.
Nothing in this Franchise shall be interpreted or construed as creating or establishing
the relationship of employer and employee between City and Grantee. Grantee is
responsible for paving all required local, state, and federal taxes.
3 DEFENSE AND SATISFACTION OF CLAIMS. Grantee shall, at the sole cost and
expense of Grantee, upon demand by City, defend City, its officers, boards.
Franchise Agreement
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commissions, agents, or employees in any and all suits, actions, or other legal
proceedings, whether judicial, quasi-judicial, administrative, legislative, or otherwise,
arising out of Grantee's acts, errors, or omissions, except to the extent of those acts
which constitute the willful misconduct or gross negligence of the City, its officers,
boards, commissions, agents, or employees. Grantee shall provide legal services to
represent City's interest in. litigation referred to above. Where Grantee is required to
provide legal services to City under this section and chooses to utilise joint counsel, the
parties shall make a good -faith effort to cooperate and agree upon litigation strategy
and implementation thereof. In the event that the City determines upon reasonable
grounds that Grantee's litigation strategy and implementation decisions are
unreasonable, not in the City's best interest, or that separate counsel is necessary for the
representation of the City, the City may obtain separate legal counsel chosen by the
City. The City shall submit to Grantee on a regular basis statements for attorneys' fees
incurred during the prior period. Grantee shall pay to the City all reasonable attorneys'
fees so claimed within sixty (60) days of receipt of said statement.
8.1 Indemnification of City. Grantee shall cause to be paid and satisfied any
judgement, decree, or order rendered, made, or issued against Grantee, City, its
officers, boards, commissions, or employees and shall hold City harmless
therefrom, to the extent any such judgement, decree, or order arises from
Grantee's acts, errors, or omissions in connection with the construction,
operation, maintenance, or other activities in relation to Grantee's System,
whether or not said damages are compensator,, or punitive, except to the extent
the same are caused by the willful misconduct or gross negligence of the City, or
its officers, Boards, Commissions, or employees.
8.2 Compromise and Settlement. The indemnification obligation stated in
§ 8.2 shall survive termination or expiration of this Franchise and shall exist and
continue without reference to the amount of any bond, policy of insurance,
deposit, undertaking, or other assurance; provided, however, the City may not
enter into any compromise or settlement which imposes any obligation on
Grantee without Grantee's consent, which consent shall not be unreasonably
withheld, and Grantee shall not make or enter into any compromise or
settlement of any claim, demand, causes of action, suit, or other proceedings
(which settlement involves anything other than the payment of money by
Grantee without contribution by the City) without first obtaining the written
consent of the City, which consent shall not be unreasonably withheld.
8.3 Application to Arbitration Proceedings. In the event Cit.- shall become a
party to an arbitration proceeding, either voluntarily or involuntarily, with
L
regard to the work or the construction of the work which is the subject of the
Franchise Agreement for which indemnification may be required of the Grantee
Franchise Agreement
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pursuant to this § 8 et seq., the Grantee shall, upon receipt of written notice from
the City, become a party to such arbitration proceeding for all purposes, unless
this provision is waived in writing by the City.
8.4 Subcontractors' Indemnification. In the event the Grantee subcontracts
or assigns any portion of the Grantee's duties under this contract, the Grantee
shall require its subcontractor or assignee to comply with the terms of this § 8 et
seq. in the same manner as required by the Grantee.
8.5 Waiver and Limitation of Remedies. Grantee hereby waives any right it
may possess to seek damages from the City for any act or omission of the City, its
officers, boards, commissions, agents, or employees for which immunity does not
otherwise apply, except for damages caused by the City's gross negligence or -
intentional torts which result in personal bodily injury to Grantee or it
employees or results in. actual physical injury to Grantee's property; and except
with respect to damages caused by the City's gross negligence or intentional torte
which result in personal bodily injury to Grantee or its employees or results in
actual physical injury to Grantee's property, Grantee's remedies, but not those of
the City, shall be limited to those in equity.
9 INSURANCE REQUIREMENTS. Grantee shall purchase and maintain during the life
of this Franchise policies of insurance as specified below and shall submit to the City
certificates indicating compliance with the minimum insurance requirements which
follow not less than five (5) working days prior to the beginning of performance under
this Franchise.
9.1 Workers' Compensation Insurance. Grantee shall purchase and maintain
workers' compensation insurance to cover its employees as required by the
California Labor Code. The City, its officers, agents, or employees, will not be
responsible for any claims in law or equity occasioned by failure of the Grantee
to comply with this section. Said certificate of insurance shall contain an
endorsement which (a) names and lists as additional insured the City, its officers;
and employees and provides that it shall not be canceled without thirty (30)
days' written notice thereof given to the City by registered or certified mail.
Additionally, Grantee shall notify City by registered or certified mail within
five (5) days of any change which narrows or limits the scope of coverage
provided. For purposes of this section, "scope of coverage" shall include both
the types oI acts or omissions covered as well as the amounts of coverage
provided. Failure by Grantee to notify the City as provided in this section shall
be deemed a material breach of this contract.
Franchise Agreement
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9.2 Commercial General Liability Insurance. Grantee shall obtain and
maintain a policy of commercial general liability insurance providing one million
dollars (51,000,000) per occurrence and an aggregate limit of five million dollars
($5,000,000) utilizing a four million dollar ($4,000,000) following form umbrella
policy. Each such policy of insurance shall contain the following characteristics:
(a) Be issued by an insurance company which is admitted to do
business in the State of California or which is approved in
writing by the City;
(b) Name and list as additional insureds the City, its officers,
and employees, including an endorsement demonstrating
same;
(c) Specify its acts as primary insurance;
(d) Contain a clause substantially in the following words: "It is
hereby understood and agreed that this policy may not be
canceled except upon thirty (30) days' prior written notice to
the City of such cancellation as evidenced by a return receipt
for a registered or certified letter"; and
(e) Cover the operations of Grantee pursuant to the terms of this
Franchise Agreement.
Additionally, Grantee shall notify City by registered or certified mail within
five (5) days of any change which narrows or limis the scope of coverage
provided. For purposes of this § 9.2, "scope of coverage" shall include both the
types of acts or omissions covered as well as the amounts of coverage provided.
Failure by Grantee to notify the City as provided in this § 9.2 shall be deemed a
material breach of this contract.
9.3 Automobile Liability Insurance. Grantee shall obtain and maintain
comprehensive automobile liability insurance, including, as applicable, owned,
hired, and non -owned, with minimum personal injury liability limits of
$1.000,000 per person and $1,000,000 per occurrence or $1,000,000 combined
single limits. Each such policy of insurance shall provide the following
characteristics:
(a) Be issued by an insurance company which is admitted to do
business in the State of California or which is approved in
writing by the City;
Franchise Agreement
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(b) Name and list as additional insured the City, its officers, and
employees, including an endorsement demonstrating the
same;
(c) Specifyacts as primary insurance; and
(d) Contain a clause substantially in the following words: "It is
hereby understood and agreed that this policy may not be
canceled except upon thirty (30) days' prior written notice to
the City of such cancellation as evidenced by a return receipt
for a registered or certified letter."
Additionally, Grantee shall notify City by registered or certified mail within five
(5) days of any change which narrows or limits the scope of coverage provided.
For purposes of this section, "scope of coverage" shall include both the types of
acts or omissions covered as well a the amounts of coverage provided. Failure
by Grantee to notify the City as provided in this section shall be deemed a
material breach of this contract.
9.4 Requirement for Commencement of Work. Grantee shall not commence
work under this Franchise Agreement until the insurance policies required under
this § 9 has been obtained and Certificates of Insurance have been filed with the
City.
9.5 Insurance (General). If required insurance coverage is provided on a
"claims made" rather than "occurrence" form, Metricom shall maintain such
insurance coverage for three years after expiration of the term (and any
extensions) of this Franchise Agreement.
9.6 Insurer Criteria. Any insurance provider of Metricom shall be admitted
and authorized to do business in California and shall be rated at least A:X in
A.M. Best & Company's Insurance Guide. Insurance policies and certificates issued
by non -admitted insurance companies are not acceptable.
10 CITY'S AUTHORIZED REPRESENTATIVE. The City Manager, as the City's authorized
representative, or his successor, shall represent City in all matters pertaining to this
Franchise.
11 GRANTEE'S AUTHORIZED REPRESENTATIVE. Kirk Wampler, Director of Right or
Way, or his successor shall represent Grantee in all matters pertaining to this Franchise.
12 NOTICES. All notices required by this Franchise shall be in writing and shall be
personally delivered, sent by first class mail with postage prepaid, or delivered by
commercial courier, addressed as follows:
Franchise Agreement
City of National Chi :: Ailetrcom. Inc.
page 74 of 20
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if to City:
CITY OF NATIONAL CITY
Attn: City Manager
1243 National City Boulevard
National City, CA 91950
if to Grantee:
ME 1 KICOM, INC.
Attn: Property Manager
980 University Avenue
Los Gatos, CA 95030
Nothing in this provision shall be construed to prohibit communication by more
expedient means, such as by telephone or facsimile transmission, to accomplish timely
communication; however, to constitute effective notice, written confirmation of a
telephone conversation or an original of a facsimile transmission must be sent by
first-class mail, b =- commercial carrier, or hand delivered. Each part: may change the
address by Tvritten notice in accordance with this section. Notices delivered personally
shall be deemed communicated as of actual receipt; mailed notices shall be deemed
communicated as of three (3) days after mailing if sent by registered or certified mail,
postage prepaid, unless such date is a date on which there is no mail service. In such
event communication is deemed to occur on the next mail service day.
13 AsSIGNME L. This Franchise Agreement shall not be assigned or transferred by
Grantee without the prior written consent of City, which consent shall not be
unreasonably w'___'^.eld, conditioned, or delayed.
13.1 Notice of Transfer and Response. Grantee shall g±: e City thirty (30)
days' prior written notice of any proposed assignment or transfer for which
City's cons - ant is required hereunder. City shall give Grantee written approval or
disan urcvai of any such proposed assignment or transfer within one -hundred
and twen-: (120) days after Grantee's request therefor, and City's failure to
apurove or deny any such request within such one -hundred and twenty (120)
day ner:c` shall be deemed an approval. Grantee agrees to reimburse City for
its _eascn__ie expenses incurred in reviewing any proposal for. an assignment or
trars:er :or which City's consent is required hereunder. Grantee shall provide all
information and documents reasonably requested by the City relating to the
transaction and assignee/grantee. The transfer of operating control over the
Franchise Agreement
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System pursuant to a management contract or similar arrangement shall be
deemed a transfer for purposes of this Franchise Agreement.
13.1.1 Exempted Transfers. Notwithstanding the foregoing, (i) the
transfer of the rights and obligations of Grantee to a subsidiary or other
affiliate of Grantee that is under the control of Grantee shall not be
deemed an assignment or transfer for purposes of this Franchise
Agreement, so long as Grantee remains jointly and severally liable with
such affiliate with respect to all liabilities and obligations of Grantee
hereunder; and (ii) a change in control of Grantee (as defined in §
below) shall not be deemed an assignment or transfer for purposes of this
Franchise Agreement.
13.2 Change in Control as Transfer. Upon a change in control of Grantee (as
defined in § 13.2.1 below), City shall have the right, for a period of one hundred.
and twenty (120) days after it receives notice of the occurrence of such change in
control, to notify Grantee in writing of its intention to terminate this Franchise
Agreement effective no less than ninety (90) days after such written notice_
Grantee shall provide all information and documents reasonably requested by
the City relating to the transaction and assignee/grantee. Such termination sha
not be effective, and this Franchise Agreement shall continue in full force and
effect in accordance with its terms, if, during such ninety -day period, Grantee
provides City evidence reasonably demonstrating that (i) it is not then in breath
of this Franchise Agreement; (ii) the financial condition of Grantee or any
successor in interest to Grantee's status as Grantee immediately after the change
in control would be at least as strong as Grantee's financial condition
immediately prior to the change in control; and (iii) the experience and technical
qualifications of Grantee or of Grantee's successor in interest, as the case may be_
or its then -existing management team, in the provision of telecommunications c_
similar services evidences an ability to own and operate the System. Grantee
agrees to reimburse the City for its reasonable expenses incurred in reviewing
any proposed change in control.
13.2.1 Definition of Change in Control. For purposes of this Franchise
Agreement, a "change in control" of Grantee shall mean the acquisition
any person (including any "group" within the meaning of § 13(d) of the
Securities Exchange Act of 1934, as amended) of the power directly c_
indirectly, through the ownership of voting securities, by contract C=
otherwise, to direct the management and policies of Grantee; provided
hcwever that the ownership of more than fifty percent (50°0) of Grantee's
outstanding voting securities shall be deemed to constitute control, and.
the ownership of thirty percent (30%) or less of Grantee's voting securitie
Francinse Agreement
Cit,, of National City :: Metr.cam. Inc.
page 16 of 20
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shall ? be deemed not to constitute control. Grantee shall advise Cit
wherever any person or "group" becomes the owner of more than thirry
percent (30%) of Grantee's outstanding voting securities.
14 TERMLNATION. If Grantee defaults in the performance of this Franchise or
materially breaches any of its provisions and fails to cure such default or breach with
thirty (30) days • a t:er written notice from the City, City, acting through the City
Manager, at its of on may immediately terminate the Franchise. upon written notice to
Grantee; provided.. however, that if such cure cannot reasonably be cured within such
thirty -day period and said default or breach does not affect the public health or safety,
City shall not have the right to terminate the Franchise if Grantee commences such cure
within such thirty7day period, and thereafter diligently and promptly Frusecutes such
cure to complercri. Nothing in this § 14 shall be construed to grant Grantee an amount
of time to cure a f=iiure to perform or comply with this Franchise which would extend
beyond the expiration date established under § 2. Upon termination, Grantee shall c
City a prorated psi Lion of the Franchise Fee calculated on the Gross Receipts Grantee
has received since the prior anniversary of the Effective Date:
14.1 Cessation of Work. In the event of termination, Grantee shall
immedia `y cease all work being performed under this Franchise Agreement,
excepting only that work necessary for Grantee to remove the System and leave
all work site areas in a clean and safe condition and in accordance with this
Franchise =greement. Termination of this Franchise Agreement by City, threw
h.
the City Manager or otherwise, shall constitute the withdrawal of any consent or
authorized.= of City for Grantee to perform any construction or other work
under tlds Franchise Agreement in the public rights of way or on pubic
proper:%, axcepting only that work necessary for Grantee to remove the System
and leave all work site areas in a clean and safe condition in accordance with this
Franchise Agreement.
15 CITY AT -TIT OF FINANCIAL RECORDS. Grantee shall maintain any and all ledgers,
books of account invoices, vouchers, canceled checks, and other records or documen-
evidencing or relating to charges for Grantee's services for a minimum period of tree
(3) years, or :or any longer period required by law, from the date the Service was
provided by Grantee pursuant to this Franchise Agreement.
15.1 Maintenance of Records. Grantee shall maintain ail dccunent= and
records
:v _ch demonstrate performance under this Franchise Azreernent ::CT a
minimum _eriod of three (3) years, or for any longer period re _wired by law,
from the dare of termination or completion of this Franchise Agreement.
Franchise Agreement
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15.2 Inspection of Records. Any records or documents required to be
maintained pursuant to this Franchise Agreement shall be made available for
inspection or audit, at any time during regular business hours, upon five (5) days
prior written notice by the City Attorney, City Auditor, City Manager, or a
designated representative of any of these officers. Any audit shall be at the sole
expense of the City. Copies of such documents shall be provided to City for
inspection at City Hall when it is practical to do so. Otherwise, unless an
alternative is mutually agreed upon, the records shall be available at Grantee's
address indicated for receipt of notices in this Franchise Agreement.
15.3 Contingent Custody of Records. Where City has reason to believe that
such records or documents may be lost or discarded due to dissolution,
disbandment or termination of Grantee's business, City may, by written request
by any of the above -named officers, require that custody of the records be given
to City and that the records and documents be maintained at City Hall. Access
to such records and documents shall be granted to any party authorized by
Grantee, Grantee's representatives, or Grantee's successor -in -interest.
16 MOST -FAVORED -NATION CLAUSE. Should Grantee enter into a similar agreement
with another municipality or county in the Los Angeles -Long Beach, Orange County,
Riverside -San Bernardino, San Diego, or Ventura Metropolitan Statistical Areas
containing finans-'al or service -related benefits (excluding any municipal or county
taxes) and obligations for the municipality or county which, taken as a whole, are
materially superior to those in this Franchise Agreement, Grantee and City, at City's
option, shall modify this Franchise Agreement to incorporate substantially all (but not
less than substantially all) of such benefits and burdens. Grantee shall notify City
within thirty (30) days of entering into such superior agreement, and City shall notify
Grantee whether it elects to exercise its rights under this § 16 within thirty (30) days
after such written notice. Such benefits and burdens shall be made applicable to City
retroactive to the date Grantee entered into such superior agreement with another
municipality or county. Grantee shall promptly provide City with copies of all
agreements which. City requests or Grantee reasonably believes may involve materially
superior benefits as provided in this § 16.
17 ACCEPTANCE OF FRANCHISE AGREEMENT. This Franchise shall not become
effective until the Grantee executes the acceptance of Franchise set forth at the end
hereof within tr.inv (30) days after Grantee's receipt of notice of the effectiveness of the
resolution adopting- this Franchise (the "Effective Date"). By accepting this Franchise,
Grantee covenants and agrees to perform and be bound by each and all of the terms and
conditions imposed by the National City Municipal Code, all applicabie state, federal,
and local laws, and the Franchise.
Franchise .4greemenr
City of National City :: Meer::cm. inc.
page 1Sg720
antranai ct,3.dac ;OireT:r_..r a97( 0:110/99 I:03?St
13 POSSESSORY INTEREST. By accepting this Franchise, Grantee acknowledges that
notice is and was hereby given to Grantee pursuant to California Revenue and Taxation
Code § 107.6 that use or occupancy of any public property pursuant to the authorization
herein set forth may create a possessory interest which may be subject to the payment of
property taxes levied on such interest. Grantee shall be solely liable for, and shall pay
and discharge prior to delinquency, any and all possessory interest taxes or other taxes
levied against Grantee's right to possession, occupancy, or use of any public property
pursuant to any right of possession, occupancy, or use created by this Franchise.
19 RESERVATION OF RIGHTS. Grantee understands, acknowledges and agrees that
any and all authorizations granted to Grantee under this Franchise Agreement are
nonexdusive and shall remain subject to all prior and continuing regulatory and
proprietary rights and powers of City to regulate, govern, and use City property and
City's public rights of way, as well as any existing encumbrances, deeds, covenants,
restrictions, easements, dedications, and other claims of title that may affect City
property and City's public rights of way. City and Grantee agree that nothing
contained in or contemplated by this Franchise is intended to confer, convey, create, or
grant to Grantee any perpetual real property interest, fee, lease, or other estate in any
City property or in. any of City's public rights of way.
20 MIs T ANEOUS. Time shall be of the essence in this Franchise. Failure on the
part of either tarty to enforce any provision of this Franchise shall not be construed as a
waiver of the right to compel enforcement of such provision or any other provision.
This Franchise shall be governed and construed in accordance with the laws of the State
of California.
21 EN i utE AGREEMENT; AMENDMENT. This writing, including the exhibits
referenced in § 1 above and incorporated herein by this reference, constitutes the entire
agreement between the parties relating to the subject matter herein. No modification of
this Franchise shall be effective unless and until such modification is evidenced in
writing signed be all parties.
Franchise Agreement
City of Nahonai Cihy :: Metrtcom, Inc.
page 19 of 20
natconai:
02/10/99 I:03 PM
IN WITNESS WHEREOF, the parties hereto have caused this Franchise
Agreement to be executed by City this day of , 1999; and
by Grantee this day of ,1999.
City: CITY OF NATIONAL CITY, a California municipal corporation
By:
George Waters, Mayor
Grantee: METRICOM, INC., a Delaware corporation
By:
Its:
Lee M. cooadze
(na,Umw Vice President,
Field Operations Crrnup
By: /"\c -
Its:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
tnaaDaleg1N. Marquart, Esq.
GPnPral Counsel &
Seniodpp roved insttotForm
R �_: •- eoa tme t /
ft/
0
(Seal) Date: 2
Franchise Agreement
City of National City:: Metrrcam. Inc.
page 20 of 20
natmnal atv3.ciac [07rtrtlC..7a97j 02/10/99 1:03 PM
/7/
Al'_ dimensions shown here are in inches and are subject to
variance of plus or minus twenty (20) percent.
[Exhibit B]
[SYSTEM PLANS AND SPEC:u CATIONS]
The proposed locations of Radios to be deployed under the foregoing
Franchise Agreement will be provided to the City after Grantee's review
of applicable street light maps and prior to any deployment activities.
[Exhibit C]
[FORM OF SURETY BOND]
Bond Number:
SURETY BOND
KNOW ALL MEN BY THESE PRESENTS:
That METRICOM, INC. as Principal, and
incorporated under the laws of the State of , and authorized to
execute bonds and undertakings as sole surety, are held and firmly bound unto
, as Obligee, in the sum of
iS ); for the payment thereof, well truly to be made, said Principal and
Surety bind th -selves, their administrators, successors and assigns, jointly and
severally, firmly by these present.
The condtcn of the foregoing obligation is such that
WHEREAS, the aircve bounden Principal is about to enter into a certain agreement with
the Obligee for the following:
the award of which. said agreement was made to the Principal by the Obligee, on
NOW TI--� ORE, if the Principal shall well, truly and faithfully perform its
duties, all the undertakings, covenants, terms, conditions, and provisions of said
agreement dur = -e original term thereof, and any extensions thereof which may be
granted by the Cgee, with or without notice to the Surety, and if he shall satisfy all
claims and der2.n s incurred under such agreement, and shall fully indemnify and
save harmless the biigee from all costs and damages which it may suffer by reason of
failure to do sc. and shall reimburse and repay the Obligee all outlay and expenses
which the Obligee may incur in making good any default, then this obligation shall be
void; otherwise remain in full force and effect.
PROVID FURTHER, that the said Surety, for value received, hereby
stipulates and azrees that no change, extension of time, alteration or addition to the
terms of the aka ='ent or to the work to be performed thereunder or the specifications
Form of Metrcom Bond
page C-1 of 2
accompanying the same shall in any way affect its obligation on this bond, and it does
hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the agreement or to the work or to the specifications.
PROVIDED, HOWEVER, this bond issued subject to the following express
conditions:
1. This bond shall be deemed continuous in form and shall remain in full force and
effect until canceled under Section after which all liability ceases except as
to any liability incurred or accrued prior to the date of such cancellation.
2. The aggregate liability of the Surety hereunder on all claims whatsoever shall not
exceed the penal sum of this bond in any event
3. The surety reserves the right to withdraw as surety from this bond except as to
any liability incurred or accrued, and may do so upon giving the Obligee sixty
(60) days written notice.
SIGNED AND SEALED this
day of ,19
PRINCIPAL SURETY
By:
Title:
By:
(Affix Corporate Seals)
(Type Company Name)
By:
Title:
Address:
Telephone:
(Attach Acknowledgments of both Principal and Surety signatures)
Farm of Metncam Sand
Page C-2 of
EX1432 ID
M f.
�) �,,_
OF ISSUE:
I CANT :
ICOM, INC:
UNIVERSITY AVENUE
GATOS, CA 95030-2319
f
PAGE: 1
OUR IRREVOCABLE STANDBY CREDIT:
DATE OF EXPIRY:
PLACE OF EXPIRY: AT OUR ABOVE
COUNTERS
BENEFICIARY:
AMOUNT: USD 1.00
ONE AND 00/100'S US DOLLARS
IREBY ESTABLISH IN YOUR FAVOUR THIS CREDIT AVAILABLE WITH WELLS FARGO BANK,
SAN FRANCISCC, CA BY PAYMENT OF YOUR DRAFT(S) AT SIGHT DRAWN ON WELLS
0 BANK, N.A. ACCOMPANIED BY:
BENEFICIARY'S SIGNED AND DATED STATEMENT WORDED AS FOLLOWS:
THE UNDERSIGNED., AN AUTHORIZED REPRESENATIVE OF
- (NAME CF BENEFICIARY) , HEREBY
THAT METRICCM, INC. HAS NOT FULLFILLED ITS OBLIGATIONS PLR
'HAT CERTAIN (NAME OF AGREEMENT)
.ND BETWEEN (NAME OF BENEFICIARY)
IETRICOM, INC.'
-AL DRAWINGS ARE PERMITTED. (MORE THAN ONE DRAFT MAY BE DRAWN AND PRESENTED
2 THE LETTER CF C=.EDIT)
TY INSTRUCTIONS ACCOMPANYING A DRAWING UNDER THIS LETTER OF CREDIT REQUEST
PAYMENT IS TO BE MADE BY TRANSFER TO AN ACCOUNT WITH US OR AT ANOTHER BANK,
TD/CR^" BANK MAY RELY ON AN ACCOUNT NUMBER SPECIFIED IN SUCH _
2UCTI NS E E� PERSON OR ENTITY DIFFERENT FROM THE
2UCTIONS EVEN :F THE NUMBER IDENTIFIES A
>TDED PAYEE.
.T7NFTS MUST -E PRESENTED TO US NO LATER THAN 5:00 P.M.
'(S) MUST INDICATE THE NUMBER AND DATE OF THIS CREDIT.
DRAFT PRESENTED HEREUNDER MUST BE ACCOMPANIED BY THIS ORIGINAL CREDIT FOR
EXHI3IT D
PAGE 1 OF 2
CERTIFIES
SUANT TO
SIGNED BY
AND
PAGE: 2
THIS IS.AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: NZS261542
UR ENDORSEMENT THEREON OF TEE AMOUNT OF SUCH DRAFT.
OCUMENTS MUST BE FORWARDED TO US IN ONE PARCEL AND MAY BE MAILED TO WELLS FP KGO
ANK, N.A., OPERATIONS GROUP, NORTHERN CALIFORNIA, 525 MARKET STREET, 25TH
LOOR, SAN FRANCISCO, CA 94105-2733.
HIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY
REDITS (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE, PUBLICATION NUMBER
00, AND ENGAGES US IN ACCORDANCE WITH THE TERMS THEREOF.
AUTHORIZED SIGNATURE
LEASE CONTACT JAMES SINGE BY TELEPHONE AT (415)396-4014 OR BY FAX AT
415)541-0299 REGARDING ANY INQUIRIES.
EXHIBIT D
PAGE 2 OF 2
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE April 6, 1999 AGENDA ITEM NO. 10
ITEM TITLE
Legislative Advocacy Services - Approval of Request for Proposals
Park Morse
Asst. BY `=n-•erDEPARTMENT
EXPLANATION
Please see the attachment.
City Manager
Environmental Review X N/A
Financial Statement
Acc unt No 001-409-000-213
STAFF RECOMMENDATION
Approve RFP and authorize staff to begin search.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below)
Request for Proposals
Resolution No
Before you this afternoon is the proposed RFP for Advocacy Services. The
proposal incorporates a number of the comments made by Councilmembers
since this process was first begun. The current Advocacy contract with The
Wilson Group in running month -to -month and has an annual value of $40,000.
Once the RFP is approved, a committee comprised of the City Manager's Office,
the City Attorney and the CDC Executive Director will form. A small number of
consultants who practice in this field will be sent RFP documents. The Wilson
Group will be included in this solicitation. The Committee will then review the
responses, conduct reference checks and select a short list for interview by the
City Council.
The tentative timeline is as follows:
• April 6 — RFP approval
• April 9 — RFP mailing
• May 3 — RFPs due
• May 10 — Committee interviews of semi-finalists
• May 11 — Committee selects finalists
• May 18 — Finalists appear for City Council interviews at 4:00 PM, time certain
033199AdvocacyA200.doc
City of National City
Office of the City Manager
1243 National City Boulevard, National City, CA 91950 (619) 336-4240
Tom G. McCabe - City Manager
April 7, 1999
REQUEST FOR PROPOSALS - LEGISLATIVE ADVOCATE
The City of National City is requesting proposals from a select number of consultants to
provide legislative advocacy services to the City and to the City's Community
Development Commission (Redevelopment Agencyy. (In this RFP; "City" -and "CDC"
are generally used interchangeably.) City and CDC staff will provide feedback to
consultant regarding Legislative Advocate Program priorities. The consultant will work
under direction -of the -City Manager. This is-a-focused-recruitment.with:onIy-a small --
number of providers to be contacted. Any resulting contract will be viewed as a
professional service.
The consultant will be required to submit periodic reports to the City identifying what
billsare being monitored for the City and outlining what lobbying activities have been
conducted on the City's behalf. The report would also outline the results of their
lobbying efforts.
Proposals from interested consultants must include the following:
• A description cf the firm's qualifications and areas of specialization.
• The name, related experience and duties of all individuals who would be
responsible fcr National City's interests.
• List of all current clients. (Past clients you would like to include, as references,
may be included on a separate list.)
City Manager's Office
National City
April 1, 1999
Page 1 of 5
Paper
7,71
• Proposed annual cost to provide services.
• A description of how the consultant proposes to provide services to the City
• A statement as to the potential conflicts the consultant and/or the consultant's firm
may presently have with other clients
• Five references
Candidates are to provide the City an original and five copies of the proposal. The initial
proposals may be sent via facsimile to meet the deadline but must be followed by hard
copies received within two business days. If the proposal is sent by facsimile, please
confirm receipt by telephone.
Submittals must be received no later than 3:00 p.m. on April 29, 1999, and directed to
the following:
Park Morse
Assistant City Manager
City of National City
1243 National City Blvd.
National City, CA 91950
FAX: (619) 336-4327
Failure to comply with the requirements of this RFP may result in disqualification.
Scope of Services - The following professional services are being sought:
• Monitoring of proposed State legislation to identify bills that could have a
significant impact on the City and report on those bills as status changes
• May be required to initiate legislative proposals on the. City or on the
Commission's behalf
• Represent the City before legislative committees
• Meet with the City Council and staff on a regular basis and at other times when
necessary
City Manager's Office
National City
April 1, 1999
Page 2 of 5
• With the aid of the City Manager's Office, develop strategy to carry out the
legislative goals and objectives of the City
• Maintain liaison between the City and the San Diego County delegation in the
Legislature, and provide assistance to the delegation in any matter which furthers
the objectives of the City
• Prepare briefing materials, provide briefings and arrange appointments for City
elected officials and staff if they travel to Sacramento in furtherance of the City's
legislative program
• Advise the City concerning grants and other funding opportunities for
proposed/needed City projects and assist the City in securing funding where
appropriate
• Lobby on behalf of City on legislation and issues as directed by City
• Cooperate with the League of California Cities and the California Redevelopment
Association in their legislative efforts
• Visit National City a minimum of two times annually to meet with Staff and City
Council
• The proposed term is coincident with the Legislature's current two-year Session
— effective upon execution and running through August of 2000.
Local Issues - Some of the issues of interest to the Council include:
• Preservation of sales tax (including implications of internet commerce)
• State financial takings (including restoration)
• San Diego Unified Port District activities
• Economic development
• Freeway landscaping and sound walls
• Permanent campus for SDSU/Southwest Community College
City Managers Office
National City
April 1, 1999
Page 3 of 5
• Possible construction of a new fire station and a new library
• Development of a proposed marina site
• Redevelopment and housing issues
Evaluation - Responses will be evaluated based on, but not necessarily limited to the
following criteria:
Experience and qualification of the firm as determined by the submittal
• Experience in providing legislative lobbying services, especially for local
governments at the State level
• Qualifications and accomplishments of the personnel who would be assigned to
work with, or on behalf of, the City
• Cost estimates for providing required services
• Location of firm - i.e., Sacramento or elsewhere
• Number and types of clients
• Potential conflicts resulting from obligation to other clients
• Relations with members of the Legislature, especially those representing San
Diego County, as well as with the State Administration
• Strength of the references' comments about the bidder
• Size and composition of the firm
• A determination of which firms appear best able to strike a productive working
relationship with the City
• Other criteria determined by the selection committee.
City Manager's Office
National City
April 1, 1999
Page 4 of 5
Selection Process
The City's selection committee, based on the criteria listed above, will choose a limited
number of semi-finalists. The selection committee will conduct interviews with the semi-
finalists in National City; these interviews will be scheduled at the discretion of the City
and are currently expected to be held on May 10, 1999. (6 additional copies of the
Proposals will be due to the City on this day.)
Based on these interviews, the selection committee will choose a limited number of
finalists. Finalists will be asked to come to National City to make presentations to the
City Council; these presentations will be scheduled at the discretion of the City and are
currently expected to be held on May 18, 1999. The final selection will be made by the
City Council. The successful consultant shall be required to enter into a written
agreement with the City, substantially the same as the agreement included in this
Request for Proposals.
Questions regarding this request for proposals may be directed to Mr. Park Morse in the
City Manager's Office. Phone (619) 336-4249. E-mail to CityManage@aol.com.
This request for proposal does not commit the City to award a contract, to defray costs
incurred in the preparation of any response to the RFP, or to procure or contract for
work.
City Manager's Office
National City
April 1, 1999
Page 5 of 5
City of National City, California
COUNCIL AGENDA STATEMENT
April 6, 1999
MEETING DATE AGENDA ITEM NO. 11
/ ITEM TITLE I hMPORARY USE PERMIT - MAYTIME BAND REVIEW CORPORATION
PREPARED BY Kathleen Trees, Acting Directo
EXPLANATION.
This is a request from the Maytime Band Review Corporation to conduct their annual Maytime Band
Review Parade and Awards Ceremony from 7:00 a.m. to 5:00 p.m. on Saturday, May 1, 1999 and to
use the Community Building to hold a Dignitaries Luncheon from 11:00 a.m. to 3:00 p.m. The request
includes the closure of city streets along the parade route identified as Highland Avenue between 30th
and 16th Streets, 16th Street to D Avenue, D Avenue from 16th Street to 12th Street, and the use of
Kimball Park bowl. A waiver of the $345 T.U.P. processing fee is requested. The applicant and the
event qualify for a waiver of fees pursuant to City Council Policy No. 704 for a waiver of fees.
DEPARTMENT Building and Safety
Environmental Review
Financial Statement
X N/A
The City has incurred $345.00 in costs for processing the T.U.P. through various City departments.
Account No N/A
STAFF RECOMMENDATION
Approve the Application for a Temporary Use Permit subject to compliance with all conditions of
approval and grant the request for a waiver of the $345.00 processing fee.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below)
Resolution No
Application For A Temporary Use Permit with recommended approvals and/or stipulations.
a\maytime.doc
.A -ma (ae.. =iec,
001-3585-13000
CITY OF NATIONAL CITY
BUILDING & SAFETY
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950
APPLICATION FOR A TEMPORARY USE PERMIT
APPLICATION IS HEREBY MADE FOR A TEMPORARY USE PERMIT PURSUANT TO THE PROVISION OF THE NATIONAL
CITY MUNICIPAL CODE 15.60 AND AS DESCRIBED BELOW.
Temporary Use Permits are ministerial administrative regulations intended to provide orderly and effective
management of specific list of temporary land uses have exceptional characteristics requiring their review and
limitations. Any permit applicant may appeal the action of the Building Official pursuant to Municipal Code section
15.60.045.
Class A & B use Application for a Temporary Use Permit must he filed 15 working days prior to the
commencement of the activity/event
Activities/events involving the use or areas of operation within the state highway jurisdiction shall be filed not less
than six (6) month prior to the requested activity/event.
PLEASE COMPLETE (Print or Type):
•
SPONSORING ORGANIZATION(s): Maytime Band Review Corporation
ORGANIZATION ADDRESS: P • O. Box 1 298
National r'it�_•, rn o1g51 PHONE: 477-9339. 475-6124
City State ZIP
Highland Avenue between 30th and 16th, 16th to D Avenue,
LOCATION OF EVENT: n AVP *n 1 ➢th & Tcitnball Park. Community Bldg. for dignitaries
luncheon
TRASH DISPOSAL SITE CLEAN-UP F T ER EVENT
DATES) REQUESTED FOR EVENT: FROM May 1 TO 1 day only
HOURS OF USE ON DAY OF EVENT: FROM 7 A.M. / P.M. TO 5 A.M. / P.M.
(BEGIN SETUP) DATE TIME A.M. /P.M. - (END SETUP) DATE TIME A.M./P.M.
(BEGIN TEARDOWN) DATE TIME A.M. /P.M.- ( END TEAPOOWN) DATE TIME A.M./P.M.
BRIEF DESCRIPTION OF EVENT: Parade, Awards Ceremony and Dignitaries Luncheon
Annual Maytime Parade co -sponsored by the City of National City
(A brief summary of the event/ may be requested. A summary of the event activity may be attached to the application)
NAME OF PERSON RESPONSIBLE FOR THE EVENT, WHO WILL BE ON -SITE THE DAY OF THE EVENT:
Edith Hughes - Executive Director
HOW MAY THIS PERSON BE CONTACTED? 477-9339 office 475-6124 home
SPECIFIC USE REQUEST: Street parade and Awards Ceremony in Kimball Park
Educational event for high school and junior high. school bands
JUSTIFICATION: rnmmm;l-y arivprt4ping event for National City
REQUEST TO SELL OR SERVE ALCOHOL BEVERAGES: YES( I NO[XI —WILL FOOD/ DRINK BE SOLD: YES(X ] NO( I
(Note: The City Council will not approve the sale or consumption of alcohol in City parks in conjunction with any event
requiring a T U.P. This prohibition will not impact the existing policy regarding the sale or consumption of alcohol within buildings
in the parks. such as the Community Center, which will continue to be subject to the approval of the City Council.)
WILL TENTS OR CANOPIES BE USED?: YES [XI NO [ ] (If "YES.", permit may be required from Fire Department)
WAIVER OF FEES REQUESTED: YES XI NO I
(If "YES."complete attached suppiemental questionnaire form)
FAC'.UTIES. :When Aooucable) REQUEST ASSISTANCE WITH THE FOLLOWING:
NOSE. CRC'.VD. TRAFFIC CONTROL: Police Reserves from all over the County
SECCR!TY CONTROL Police Reserves from all over the County
Barracades needed at some intersections, street parking,
R KING:BAR R IC,At ES
D Ave between 18th aria 12th CLOSnD ;OR BUS P AdK NG
EXTERIOR LIGHTING:ELECTRICAL. some Plectrical needed in Kimball Park, no exterior
libhting needed
Portable toilets rented
PLEASECCMP'ETE (Print or Type)
NAME OF APPLICANT: Maytime Band Review - Edith Hughes
ADDRESS:
1104 Manchester St., National City, CA 91950
PHONE:477-9339-475-6124
SIGNATURE OF APPLICANT: ��!� `�` DATE: 2 / 22 / 99
(THIS FORM BECOMES A PERMIT WHEN ENDORSED BY THE BUILDING & SAFETY DIRECTOR)
(FOR OFFICE USE ONLY)
PERMIT FEES: PERMIT NO.:
USE GROUP: A USE CLASS: A
BOND: N/A PERMIT EXPIRATION DATE:
SPECIEIC STIPULATIONS I COMMENTS:
(See Attached)
(RECEIVED DATE STAMP)
3UILD NG AND SAFETY DEFT.
RECEIVED
FEB 22 1999
NATIONAL CITE', CALIF.
APPROVALS / STIPULATIONS (Check Where Applicable):
PLANNING
Inmal Date
FIRE
Inmai Date
PUBLIC WORKS
;nmat Date
FINANCE
renal Date
POLICE
Imam Date
PARKS & REC.
!neae Date
ENGINEERING
wow Date
CITY ATTORNEY
nmai Date
RISK MANAGER
tnmai Date
.final Date
ai Date
COMMUNITY DEVELOP.
V.C. Transit
OTHER Health Dept.
CITY COUNCIL MEETING DATE April 6, 1999, 3:00 p.m.
YES [ ] NO [ ] SEE STIP [ ]
YES ( ] NO [ 1 SEE STIP ( ]
YES [ ] NO ( ] SEE STIP [ ]
YES [ ] NO [ ] SEE STIP [
YES [ ] NO [ I SEE STIP [ ]
YES [ ] NO [ ] SEE STIP [
YES [ 1 NO [ 1 SEE STIP [ ]
YES [ ] NO ( 1 SEE STIP ( ]
YES [ ] NO [ ] SEE STIP [
YES ] NO [ ] SEE STIP [ 1
YES [ 1 NO [ 1 SEE STIP [
TEMPORARY USE PERMIT: APPROVED [ ] DENIED [ ] WAIVER OF FEES: APPROVED [ ] DENIED [ 3
PROPERTY NOTIFICATION REQUIRED: YES [ ] NO [ ]
COMMENTS:
DATE
City of National City
Building & Safety Department
1243 National City Boulevard
National City, CA. 91950
TEMPORARY USE PERMIT FEE WAIVER REQUEST
SUPPLEMENTAL QUESTIONNAIRE
City Council Policy No. 704 contains the criteria for granting waivers of T.U.P.
processing fees by the City Council. This Supplemental Questionnaire will be used to
evaluate whether the event or sponsoring organization for a T.U.P. meet the criteria for a
fee waiver. Accordingly, please answer all questions fully and completely.
City Council Policy No. 704
The City Council shall waive T.U.P. processing fees only in the case of anon -profit
organization, and when such organization can demonstrate that the event for which the
T.U.P. is requested will not generate any income to the organization, or that the net
proceeds of the event for which the T.U.P. is requested result in:
1. direct financial benefit to an individual who resides or is employed
in the city, and who is in dire financial need due to health reasons
or a death in the family; or
2. direct financial benefit to city government such as the generation of
sales tax; or
3. direct financial benefit to a service club, social services agency, or
other secular non-profit organization located within the city such as
Kiwanis, Rotary, Lions, Boys and Girls Club; or
4. direct financial benefit to an organization which has been the direct
recipient of City or Community Development Block Grant (CDBG)
funding.
PLEASE FULLY AND COMPLETELY ANSWER THE FOLLOWING:
I. Is the event for which the T.U.P. is sought sponsored by a non-profit
organization?
X YES (If YES, please proceed to Question No. 4)
NO (If NO, please sign the bottom of this form and submit this
form with the T.U.P. Application to the Building & Safety
Department)
2. If the answer to Question No. 1 was YES, please state the name and type of
organization sponsoring the event for which the T.U.P. is sought and then proceed
to Question No. 3.
Name of Sponsoring Organization Mavtime Band Review Corporation
Type of Organization (Service Club,
Church, Social Service
Agency, etc.) non-profit paradfa association
3. Will the event generate net income or proceeds to the sponsoring organization?
X YES (If YES. please proceed to Question No. 4)
NO Of NO. please sign the bottom, of this Form and submit the with the
T P Amthcation to the 3uiidir.g w Safety Depart:nen:I
4. If the answer to Question 3 is YES, will the proceeds provide a direct financial
benefit to an individual who resides in or is employed in the city, and who is in
dire financial need due to health reasons or a death in the family?
YES (If YES, please provide explanation and details in space provided
below)
X NO (If NO, please proceed to Question No. 5)
If YES, please explain who is to benefit from the proceeds and the general nature
of the financial hardship:
5. Will the event provide a direct financial benefit to city government such as the
generation of sales tax?
X YES (If YES, please provide explanation and details in space provided
below)
NO (If NO, please proceed to Question No. 6)
If YES, please explain how the direct financial benefit to the city will occur:
Bands come from all over the State. Many of the groups
will spend the night in the area starying at local 'hotels
and eating and shopping in National Cityu
6. Will the proceeds provide a direct financial benefit to a service club, social services
agency, or other secular non-profit organization located within the city such as
Kiwanis, Rotary, Lions, Boys and Girls Club?
x YES (If YES, please provide explanation and details in space provided
below)
NO (If NO, please proceed to Question No. 7)
If YES, please explain the organizations that are to benefit from the proceeds of
the event and how the proceeds will be used by those organizations.
National City service clubs, charches and other
non-paexprotat groups are allowec co sell Toon anc
soft drinis in Kimball Park during theAwards Ceremony.
7. Will the proceeds provide a direct financial benefit to an organization which has
been the direct recipient of City of Community Development Block Grant (CDBG)
funding?
YES (If YES, please provide explanation and details in space provided
below)
X NO (If NO, please sign the bottom of this form and submit the with the
T.U.P. Application to the Building & Safety Department)
If YES, please state the year the City of Community Develop Block Grant
(CDBG) funds were received and how those funds were used:
Year funds were received.
Funds were used to
SIGNATURE
2/22/99
DATE
CITY OF NATIONAL CITY
PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
Persons requesting use of City property, facilities or personnel are required to provide a
minimum of $1,000,000 combined single limit insurance for bodily injury and property
damage which includes the City, its officials, agents and employees named as additional
insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached
to this permit. CE2'T( F f CA-'7 OF _AiSci r Ccwr
Organization Maytime Band Review Corporation
Person in charge of activity Edith Hughes
Address 1104 Manchester Street National City, CA 91950
TeIphone 477-9339 — 475-610' 4e(s) of use May 1, 1999
HOLD HARMLESS AGREEMENT
The undersigned hereby agree(s) to hold the City of National City and the Partin_
Authority of the City of National City harmless and indemnify the City of National City
and the Parking Authority of the City of National City from and against all claims.
demands, costs, losses, damages, injuries, litigation and liability arising out of Cr
related to the use of public property by permittee or permitee's agents. employees
contractors.
Signature of Applicant
Executive Director 2/22/99
Official Title Date
r-
(For Of'_ice Use Only)
Certificate of insurance approved
CITY OF NATIONAL CITY
BUILDING AND SAFETY DEPARTMENT
APPLICATION FOR A TEMPORARY USE PERMIT
RECOMMENDED APPROVALS AND/OR STIPULATIONS
,PONSORING ORGANIZATION: National City Chamber of Commerce
ACTIVITY: Maytime Band Review
)ATES OF ACTIVITY: Monday, May 1, 1999
'IME: 7:00 a.m. to 5:00 p.m.
,PPROVALS
LANNING YES [ x ] NO [ ] SEE SIP/COMMENTS [ ]
IRE YES [ x ] NO [ ] SEE SIP/COMMENTS [ x
UBLIC WORKS YES [ x ] NO [ ] SEE SIP/COMMENTS [ x ]
INANCE YES [ ] NO [ ] SEE SIP/COMMENTS [ x
ARKS AND REC. YES [ x ] NO [ ] SEE SIP/COMMENTS [ ]
OLICE YES [ x ] NO [ ] SEE SIP/COMMENTS [ ]
NGINEERING YES [ x ] NO [ ] SEE SIP/COMMENTS [ ]
'ITY ATTORNEY YES [ x ] NO [ ] SEE SIP/COMMENTS [ ]
_ISK MANAGER YES [ x ] NO [ ] SEE SIP/COMMENTS [ x ]
OMMUNITY DEVELOP. YES [ ] NO [ ] SEE SIP/COMMENTS [ x
FHE SD CO. ENVIRONMENTAL. HEALTH DEPARTMENT AND THE NATIONAL CITY TRANSIT
HAVE BEEN NOTIFIED)
PECIFIC STIPULATIONS:
IRE 336-4550
Fire apparatus access shail be maintained at all times in the event of an emergency.
a) Do not block streets or allies; must have access available at a moments notice.
b) Do not block Fire Department connections, fire hydrants, fire sprinkler systems. etc.
Maintain Fire Department access to Kimball Park.
Maintain Fire Department access to Kimball and Morgan Towers.
UBLIC WORKS 336-4580
Significant Public Works support including general overseeing of parade route and assembly areas, paint
markings on street. installation of P.A. towers for parade commentators, deployment and retrieval of
barricades, and route clean-up after parade.
(Continued)
N C Chamber
Maytime Band Review
TUP — 1999 Page 2
SPECIFIC STIPULATIONS: (Continued)
FINANCE 336-4260
1. A business license is required if monies are solicited, admittance charged or food, beverages or merchandise
is sold.
2. Each separate vendor must have a separate business license.
3. Vendors currently licensed by the City may operate on their existing license. If any of the vendors are
registered not -for -profit, there will not be a charge or their business license.
4. A list of all participating vendors (with their address, phone number and current National City business
license number) is to be submitted to the Revenue and Recovery Division of the Finance Department prior
to the event for verification of business license numbers.
PARKS AND RECREATION
1. Parks and Rec. will coordinate with other city departments.
POLICE
1. Lieutenant Allen and Sergeant Teller are coordinating with the Maytime Band Review committee and the
Police Reserves. They will attend the planning meetings and will ask for police reserves from other county
agencies.
RISK MANAGER
1. Provide minimum limits of one million dollars per occurrence of general liability insurance, including
product liability coverage.
2. Name the City of National City and its officials, employees, agents and volunteers as additional insureds on
all policies.
3. Execute standard hold harmless. (Done)
COMMUNITY DEVELOPMENT
1. Provide for residents access to Morgan and Kimball Towers during event.
2. Direct all amplified equipment away from Towers.
TUPAPRV'.DCC
City Manager's Office
Memo
To: Mayor and City Council
From: Tom G. McCabe, City Manager
Date: April 5, 1999
Re: Council Agenda Item
The attached material was requested to be placed on the April 6th Agenda by
Councilman Beauchamp.
It was inadvertently overlooked during the agenda preparation process.
We apologize for the oversight.
TGM:Id
Attachment
Reconsideration of City of National City's Position on Coronado Bridge Tolls
The City of Coronado, as well as a significant portion of the mass transit system in that
city, will be impacted by elimination of bridge tolls. Coronado will also have to re -consider its
Transportation Development Act allocation which, up to this point, has been beneficial to
National City.
By looking at the statistics of bridge users, the population which is currently affected by
the full toll are single occupant vehicles. Multi -occupant vehicles do not pay the toll and this
involves families going to the beach or workers to North Island car pooling to work.
It is important the National City demonstrate unity with Coronado on this issue since other
regional issues have been decided in National City's favor by having other South Bay cities
support our position. I believe that no harm will be done to National City residents by
maintaining the bridge tolls and the value of future collaboration with Coronado on regional and
port issues will be inestimable.
The average daily traffic on the bridge is 75,000 vehicles, with 30% of those using the car
pool lane and not paying tolls. On peak days the car pool lane use drops to 15%. This 30%
average car pool lane use compares favorably to the 12% of a similar condition on the Bay Bridge
between San Francisco and Oakland.
The toll collection amounts to $6 million annually. $3 million is used to operate the
bridge, $1.5 million goes to the Toll Reserve and is used for Bridge Corridor capital
improvements, such as the passenger ferry dock and Imperial Beach bike way extension, and $1.5
million goes to the MTDB and Coronado for public transit operation of bus lines in Coronado or
across the Bridge.
Currently Northern California bridge tolls are being increased from $2 to the $3 to the pay
for seismic retrofit. To the have a Southern California Bridge go toll free would complicate
budget issues in Sacramento. Similarly, $120 million will be needed for the Coronado Bridge
seismic retrofit. Of that amount, $33 million is to the come from a local source. There is only so
much money for all regional road projects and if CalTrans needs money for bridge capital
improvements, they will take money from other highway projects in the region.
The bridge toll is a user fee, it is not a tax as some running for the Mayor of San Diego
keep stating.
CITY OF CORONADO
1825 STRAND WAY
CORONADO, CA 92118
The Honorable R. M. Beauchamp
Councilmember
City of National City
1243 National City Blvd.
National City, CA 91950
Dear C
CITY HALL
(619) 522-7320
I am taking the opportunity to give you a "heads up" on an upcoming issue concerning
the allocation of TDA revenue to the City of Coronado.
The City Council does not support the removal of the tolls from the bridge for any reason.
We believe this action will not support the best interests of the County or more
specifically the needs of the Metropolitan Transit District in its mission to provide
alternative modes of transportation for our citizens.
Should SANDAG remove the toll and hence the source of revenues to support
Coronado's intermodal transportation programs, the City will need to seek an alternative
source of funding. Our choice would be to adjust our share of Transportation
Development Act revenue.
As noted in the letter, we ask your support for the formula change.
Sincerely,
Al Ovr m
City C ncilmember
MTD Board Representative
Caw► a eta Gu/. C""-'
62A-2-
1,1>G4 ,,t4 14 0444ia ap-
CITY OF CORONAOO
OFFICE OF THE MAYOR
1825 STRAND WAY
CORONADO. CA 92118
SANDAG Board of Directors
401 B Street, Suite 800
San Diego, California 92101
MTD Board of Directors
1255 Imperial Avenue, Suite 1000
San Diego, California 92101-7490-
March 17, 1999
TOM SMISEK
MAYOR
(619) 522-7322
URGENCY NOTICE: Transportation Development Act (TDA) Allocation Change
Dear Chairman Madrid, Chairman Williams and Board Members:
The City of Coronado is a leader in regional intermodal transportation initiatives. For
fifteen years Coronado has contributed 100% of its TDA funds to regional transportation
services. Over the last ten years, in partnership with SANDAG, MTDB and the Navy,
Coronado has developed and implemented an aggressive, cost effective intermodal
system of transportation services enjoyed by thousands of region -wide users. Great care
has been taken to coordinate peak period commuter services to reduce commute trips as
close to their point of origin as possible and annually has eliminated over 12 million
vehicle miles traveled off the San Diego road system. These services include commuter
ferry service coordinated with subsidized Coaster, trolley and transit service, bicycle and
pedestrian services and the nationally recognized Military Rideshare Program highlighted
by its vanpool service.
The SANDAG Board's pending decision to fund seismic retrofit may eliminate bridge
tolls as a funding source for these valuable programs. In recognition of the health, safety
and welfare concerns of thousands of users of these programs and the residents of
Coronado, the City of Coronado maybe forced to seek other financing options to offset
the loss of these funds.
Regarding. toll funded programs, SANDAG's General Counsel states, "that if SANDAG
takes no action on a program of projects, the final decision on continuation or
modification of programs which have been subsidized with bridge toll revenues will be
made by MTDB and the City of Coronado." In order to facilitate an orderly and
responsible continuation of service, Coronado has identified an alternative funding
source.
Page 2
TDA Allocation Change
Transportation Development Act (TDA) revenue is the logical source to fund these
transportation services. However, due to the inequity that has been perpetuated in the
existing regional TDA fund formula allocation, Coronado is permitted local discretion for
only 10% of its TDA share. Other jurisdictions utilize up to 95% of their TDA fund
share for local services. For fifteen years Coronado contributed 100% of its TDA funds
to the regional transit system and currently contributes 90%.
The SANDAG Board, through its own discretionary decision may eliminate bridge toll
funding for transportation programs. Coronado perceives this funding loss as a
circumstance which begs the SANDAG Board's reconsideration of the TDA fund
formula approved on February 26, 1999. The regional need may be altered to a degree
that the existing TDA fund formula allocation can no longer remain at the current levels.
Coronado may require up to 95% of its TDA allocation to continue its regional
intermodal transportation services.
Therefore, this letter hereby serves as an urgency notice to all member agencies of
SANDAG and MTDB that, if the region,at its discretion, chooses to eliminate bridge
tolls as a source of funding for Coronado's intermodal transportation programs, it is
imperative that the region concurrently modify the TDA fund formula allocation to allow
the City of Coronado use of up to 95% (FY00 $623,200) of its full TDA allocation
annually.
Further, it is Coronado's expectation that no reduction in regional transit service will
result from this formula modification, and that if additional revenue is necessary to meet
the shortfall, regional member agencies which historically have contributed less
generously to the regional transportation system will make up the difference through
contributions from their local share. (See Attachments 1 and 2).
We respectfully ask for your immediate support of this formula change.
Sincerely,
/27 A49
Tom Smisek Al Ovrom
Mayor City Councilman
SANDAG Board Representative
MTD Board Representative