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HomeMy WebLinkAbout1999 03-23 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY MARCH 23, 1999 - 6:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG BY THE CITY MANAGER, TOM G. MCCABE INVOCATION APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR MEETING OF FEBRUARY 11, 1999, AND APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF MARCH 16, 1999. COUNCIL AGENDA 3/23/99 Page 2 PROCLAMATIONS Proclaiming April 1999 as: "EMERGENCY PREPAREDNESS MONTH" Proclaiming April 1999 as: "FAIR HOUSING MONTH" INTERVIEWS/APPOINTMENTS Planning Commission - Reappointment and Appointments Building Advisory & Appeals Board - Reappointments City Boards and Commissions - Interview NON CONSENT RESOLUTIONS 1. Resolution No. 99-32 Resolution of the City Council of the City of National City approving the transfer of project funds and Contract Change Order No. 1 for the replacement of miscellaneous curbs, gutters, sidewalks and pedestrian ramps at various locations throughout the City. (Engineering Specification No. 98-1) (Engineering) 2. Resolution No. 99-33 Resolution of the City Council of the City of National City authorizing the Purchasing Agent to waive the bidding process and award a Software Maintenance Agreement to Mobile Access Software Incorporated (MASI). (Police) WRITTEN COMMUNICATIONS 3. Letter from the Boys & Girls Club of National City requesting permission to serve beer. wine and alcohol at their Annual Casino Night on April 10, 1999. COUNCIL AGENDA 3/23/99 Page 3 NEW BUSINESS -* CITY MANAGER - CITY ATTORNEY --> OTHER STAFF -* MAYOR 4. Letter from the City of La Mesa regarding San Diego County's Integrated Waste Management Plan; County's Failure to Implement Adopted Household Hazardous Waste Provisions. - CITY COUNCIL PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. COUNCIL AGENDA 3/23/99 Page 4 NEW BUSINESS (Cont.) ADJOURNMENT Next Regular City Council Meeting — April 6, 1999 at 3:00 p.m. - Council Chambers, Civic Center. TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE 1rnrhunatirnt WHERE=1S, Since 1991, California has experienced a series of emergencies unprecedented in frequency, severity, complexity and variety, resulting in disaster losses which have exceeded $50 billion and claimed 237 lives; and WHEREAS, In recent years, San Diego County has experienced floods and fires which have resulted in estimated damages over S234 million; and WHEREAS, San Diego County is susceptible to many natural hazards including earthquakes, floods. high winds, and freezing temperatures: and WHEREAS, The loss of Life and property damage can be greatly reduced if appropriate emergency preparedness measures are taken before, during and following a major emergency: and WHEREAS, Local community groups, businesses, schools and the State of California will join the Unified San Diego County Emergency Services Organization in advising, informing and educating persons about disaster preparedness. NOW THEREFORE, I. GEORGEH. i3;1TERS. Mayor of the City of National City, do hereby proclaim April 1999 as: "EMERGENCY PREPAREDNESS MONTH" J51k. IN WITNESS WHEREOF, I have hereunto set ray hand and caused the Seal of the City of National City he affixed this 23"u day of March.'999. GEORGE H. WATERS Frnrittmatinn TPHEREAS, The Fair Housing Council of San Diego was established in 1989 as a private, non-profit organization whose goal is to reduce and eliminate housing discrimination in the rental. sales, lending and insurance markets; and INHERE IS. The Fair Housing Council of San Diego has received and processed over 650 housing discrimination complaints, disseminated 50.000 fair housing brochures and handouts. conducted 600 fair housing tests and hosted major regional fair housing workshops since 1989: and 1F77ERE:-IS. The Fair Housing Council of San Diego has worked closely with the United States Department of Housing & Urban Development, the California Department of Fair Employment and I -lousing and the United States Department of.Justice to achieve these same objectives. :VOJJ. THEREFORE. L GEORGE IL IV ITf RS. Mayor of the City of National City, do hereby proclaim \pril 1999 as: "FAIR HOUSING MONTH — IN WITNESS WHEREOF. I hone hercunm set my hand and caused the .Seal of the City or National City be affixed this 23"o day of March. Ian ) 1 1 GEORGE II. WATERS Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor MARCH 5, 1999 TO: COUNCILMEMBERS FROM: MAYOR WATERS SUBJECT: PLANNING COMMISSION On March 31, 1999 Mr. George Baca's term on the Planning Commission will be expiring. Mr. Baca has served two terms on this Commission and desires consideration for reappointment. On our waiting list we have the following applicants who have been interviewed by the City Council and are also interested in the Planning Commission: Richard Knutson Francisco Parra Elizabeth Toy Since there's more than one applicant, the voting process will be done by the ballot system. The appointment to the Planning Commission ends on March 31, 2003. This item will be placed on the Council Agenda for the meeting of March 23, 1999. GEORGE H. WATERS MAYOR GHW:nu CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & RecreatiotAdvisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee • Student Commissioner Name: r /Y' (Last) Home Address: /4/7ir, e Z7 r/ Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee (First) Birth Date /G/ /1/4/ (Optional) .G- o% ' 72/ t- /; Telephone: Residence ( 9•7' ,P-"t, -r - ) Business/Work ( 9'S/`/ NUMBER OF YEARS YOU HAVE LIVED IN: " CALIFORNIA? (-/c' SAN DIEGO COUNTY? 01S'- NATIONAL CITY? 17G� ARE YOU A REGISTERED VOTER: YES ✓ NO #made Colleges attended and degrees held, if .r any: S'd r T1f r- s ����e/ ` r� j�C �ifl Ai )- T7 f /' .r/ — ,- e 6,S-7'7�� /(n-,_(.G7�j)i `+� (/'i1.�) z Related Professionki or Civi Experience i '.4- � /0.z7. r:3l, J�C f cam.^ s�,+�.;.!^L / Z-> -ac. rt/:.i ff���j..,I /s-„-/,� 4j�igii� T�-�:w,,,,, �•.,/,7 Ti�-f��iyjCr> PLEASE INDICATE J�EL ASOW"ANY FURTHER INFORMATION THAT WILL BE OF VALUE REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES OR COMMISSIONS: Zf,%+ r;.--.,- % J/. G� _��✓�' of i' %,n.1dl)SIILY �ti+ { r'.ci��- j n� v✓r✓ iff/'.,� Lf r� %?!'!l/ ;vne 1/'1�.9'- FiJ".1/%7 %�j< DATE: 3/1 i > YOUR SIGNATURE 1 r� C/ ' RETURN COMPLETED FORM TO: THE CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks .g Recreation Advisory Board - Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: V,V.Li T 5 c N (Last) Home Address: 2 I 0 t% E`ilzij�a>' Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees SweetwaterAuthority '" - San Diego County Water Authority Housing & Community Development Committee RI C ple D Birth Date ri-/I- 3Z. (First) Telephone: Residence ( 4177- 3 a- 3 / NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? : SAN DIEGO COUNTY? S4 ARE YOU A REGISTERED VOTER (Optional) Business/Work ( / 7 / - // J S ) NATIONAL CITY? 5 /y c54 NO Colleges attended and degrees held, if any: ;Related Professional or Civic "Experience: f: �ip PLEASE INDICATE ;.BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE REGARDING YOUR SERVICE ONr�THE ABOVE NAMED BOARDS, COMMITTEES OR COMMISSIONS: ;/ 2 L igr 11 -4c/C hod gvpcvgh r--t60- Ci ry A Id O LrL"T .z�.�.0 1 ye-art.s Ala t'/ca+� L. `t 1"-1 .d N r �� rt J �1 DATE: /Y1l^�/z 1' YOUR SIGNATURE RETURN COMPLETED FORM TO: THE CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950 Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board` Street Tree & Parkway Committee Project Area Committee Student Commissioner Namer-Pl7'aR� (Last) Home Address: aglrlij. CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept an file and under consideration for one (1) year from the date it is submitted. • ' PLEASE CHECK THE BOARD ORCOMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Planning Commission �1 Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee ��tll C.\SC.O Birth Date `-1-z�- (First) , uizAu e. Telephone: Residence ( 33 L- \y\ S ) NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? r SAN DIEGO COUNTY? ARE YOU A REGISTERED VOTER: YES (Optional) Business/Work ( cta " au NATIONAL CITY? 3 C NO VAgjapplailSStow Colleges attended and degrees held, if any: Related Professional okr Civic }, Experience: S is PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES OR COMMISSIONS: DATE: la- \ g ctg YOUR SIGNATURE RETURN COMPLETED FORM TO: THE CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950 Education: Resume of Francisco Jesus Parra San Diego State University, San Diego. California Undergraduate Studies University of California. San Diego. California Paramedic Program Professional Experience: American Medical Response, San Diego, California Position: Paramedic Hartson Medical Services. San Diego. California Position: Skills: Assoc:attcns: Duties: July 1998-Present Paramedic Operations Supervisor. July 1992 - July 1997 Contract Management Community Education New Contract Procurement Marketing Supervision of 54 Field Personnel Participation on the San Diego County Bi-National Affairs Committee Contract Compliance Reporting Interagency Liaison Proposal Development Disaster Plan Management Disciplinary Process Customer Service Clinical Quality Assurance Paramedic Operations Manager (Interim) January 1995 - May 1995 Paramedic. June 1985. - Present System Status Controller. February 1989 - ;uric : :'9= Field Training Officer. August 199 - lune 1,)92 Emergency Medical Technician, August 19S? -.Tune 1985 Bilingual Computer Literate Interpersonal Relations President. Hispanic Communityof National City Knights of Columbus \fcrc. L.ons Club. National `it\ CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide :he City Councii with as much background information as possible an those persons willing to serve on any of the Eoards and Commissions of the City of National C y. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory &Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: t! V/ (Laslj ....................... . Planning Commission 1/ Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee L L ZIP i3 gT (7-1 First) . ) Home Address: 2 1 Ll k t v Birth Date I - 13 -5 7 (Optional) NI Pt n P kmj l-1-- C' 1 1 Telephone: Residence ( `t.77 -ram" 55-0'- ) NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? __ _ SAN DIEGO COUNTY? 11- ARE YCU A REGISTERED VOTER: YES Business;Work ((-92 - /!OD (. 2OISZ) NATIONAL CITY? NO Colleges attended and degrees held, if any: "D V ^ i3 A - F= r w P A -A -5 Related Professional or Civic Experience: f AC COr D\E 1lTCE -ram�FCL ra ;- r7' Co AA P( IT1L—c= PLEASE INDICATE BELOW ANY FURTHER INFCRMATICN THAT WILL BE OF VALUE REGARDING YCUR SERVICE ON THE ABOVE NAMED BCARCS, CCMMITTEES CR COMMISSIONS: DATE: I Z 710 / sw- RETURN CCMP_E. FORM TO: rkm' YOUR SIGNA T URE THE C: T ,' COUNCIL CF NAT:CNAL C: T ' 1242 NATIONAL C: T ' SOUL.VARD, NATIONAL Cl T 1, CA 91950 .5A-nfC;rO Lo1='!-4T�5i���. -ri)e..ST 5 yE, -s r3 F Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor MARCH 12, 1999 TO: COUNCILMEMBERS FROM: MAYOR GEORGE H. WATERS SUBJECT: BUILDING ADVISORY & APPEALS BOARD Please be advised that Roy Fierro's and Ray Duke's term on the Building Advisory & Appeals Board expired on February 28, 1999. They both have served three terms on the above -subject committee and are requesting consideration for reappointment. If there are no objections, I recommend we reappoint Mr. Fierro and Mr. Duke for a term ending February 28, 2003—will require 3/4`h vote from Council. This item will be placed on the Council Agenda for the meeting of March 23, 1999. GEOR E H. WATERS Mayor GHW:nu CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Seitio"r``Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: [ 7ttiE (Last) Planning Commission Port Commission >, Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee (First) Birth Date / (Optional) Home Address: 2 Z 3 .E" 5' r Sf J T %a Y 'U:aa�LD'z`� ca..5 Z2 0 7 Telephone: Residence (4/5 75e 7//9 NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? 54- SAN DIEGO COUNTY? .5 ARE YOU A REGISTERED VOTER: YES v Business/Work ( NATIONAL CITY? NO witmoritlweismom Colleges attended and degrees held, if any: ‘-34er'c-r�2/ aZ,/4 ite'ccree- . Related Professional or Civic � Experience: /o/ce D�F'Ger' /9r�' f,^lc?ler. /CCsde/es:4e Mze/,f//42,/,aa.,1/1/(7,45 j ///B Q ,.‹ 'Sc7.s Dr•EYc+ /%1z�!i%�i; i£n%L�i.v..d S<.�� �'i•;si� /.� ', PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE REGARDING YOUR SERVICE . ON THE ABOVE NAMED BOARDS, / COMMITTEES OR COMMISSIONS: lr4, i / frl/i0 ;ri5/!' �; .7,trCr' s T / ,747,es �Trl} do f Jul1r�`G;Cr/ -a4// Jiccf CP DATE:-3`9/9F YOUR SIGNATUREt RETURN COMPLETED FORM TO: THE CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons wilting to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Ap y for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: re-�� p Home Address: Telephone: Residence ( (.�7 - T`' 7.3 NUMBER OF YEARS YOU HAVE LIVED IN: �� CALIFORNIA? 60 SAN DIEGO COUNTY? ARE YOU A REGISTERED VOTER: YES Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee Birth Date /0 (First) / (Optional) Business/Work ( NATIONAL CITY? to C) NO Colleges attended and degrees held, if any: Related Professional or Civic Experience: PLEASE INDICATE BELOW ANY FURTHER INFORMATION REGARDING YOUR SERVICE ON THE ABOVE NAMED COMMISSIONS: U THAT WILL BE OF VALUE BOARDS, COMMITTEES OR DATE: — -41 YOUR SIGNATURE hzi U RETURN COMPLETED ED FORM TO: THE CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor March 12, 1999 Mr. John M. Georgino 6379 Caminito Lazaro San Diego, CA 92111 RE: APPOINTMENT TO CITY BOARDS & COMMISSIONS Dear Mr. Georgino: This letter is to notify you that in order to be considered for appointment to one of our City's Boards and Commissions, you are required by City policy to appear before the City Council for an interview. You are, therefore, requested to appear for consideration for appointment at our Council meeting on Tuesday, March 23, 1999 at 6:00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, GEORGE H. WATERS MAYOR �HW U February 5. 1999 City of National City Building and Safety 1243 National City Blvd. National City, CA Subject: The Building Code Board of Appeals To Whom it may concern: RECEIVED FEB 0 3 1999 NATIONAL CITY, CAL'' I am interested in being a member of the Building Code Board of Appeals as required by section 105 of the 1997 Uniform Building Code. The highlights of my qualifications are as follows: I have approximately twenty years of construction experience. I have held a California contractors licence for approximately seventeen years_ While the licence is currently inactive, the classification are B-1 and C-2. I have been employed as a building inspector for a total of approximately three years. I have worked for the County of Los Angeles, the City of Hermosa Beach and most recently I was employed by Scott Fazekas and Associates as a contract inspector for the City of Huntington Beach. I now hold or have held numerous ICBO certifications including Plan check, Builrlin • Inspection, and Accessibility. I have attended numerous ICBO seminars including the week long annual education seminar sponsored by the Denver Chapter. I have completed forty-eight semester units of inspection technology at Los Angeles Trade Tech and Pasadena City College. I have been either a Professional member or a Certified member of the ICBO.since 1983. My formal education consist of a master's degree in political science and I am currently a first year law student at the University of San Diego. As a member of the board of appeals, I would be available on short notice. In addition, my hours are flexible, especially in the evening. While I have lived in the San Diego area for only six months, I plan to remain here for the next three years. Supporting documentation and references are available upon request. Thank you. Sincerely, )11 JBhn M. Georgina 6379 Caminito 1azaro San Diego, CA 92111 Message / Pager: 619 / 653-2406 City of National City, California COUNCIL AGENDA STATEMENT March 23, 1999 MEETING DATE AGENDA ITEM NO 1 ITEM TITLERESOLUTION APPROVING THE TRANSFER OF PROJECT FUNDS AND CONTRACT CHANGE ORDER NO. 1 FOR THE REPLACEMENT OF MISC. CURB, GUTTER, SIDEWALK, AND PEDESTRIAN RAMPS AT VARIOUS LOCATIONS THROUGHOUT THE CITY, SPECS NO. 98-1 PREPARED BY DIN DANESHFAR DEPARTMENT ENGINEERING EXPLANATION On o u y 1998, the City Council by Resolution No. 98-90 awarded a one , (1) year contract to MJC Construction Company for the replacement of concrete curbs, gutters, sidewalks, and pedestrian ramps at various locations throughout the City, in the amount of $272,850.00. The total project funding was a combination of Gas Tax and CDBG funds. To this date, the Contractor has satisfactorily completed the majority of the work, and is quickly moving toward the completion of the project. However, during the construction of the concrete improvements at various locations, a large amount of additional problem curbs, gutters and sidewalks were encountered. Since, the current contract unit prices are reasonable, and the project is progressing satisfactorily, it would be a good idea if the City's current contract with MJC Construction be expanded, and that funds be transferred from Fiscal Year 1998-99 project accounts. The purpose of this Resolution is to approve the transfer of project funds, by approving Contract Change Order No. 1 for $75,000. This Change Order will -be funded from a combination of Gas Tax funds in the amount of $50,000, and CDBG funds in the amount of $25,000, which is presently allocated for in the FY 1998-99 concrete improvements program. The funds will be transferred from the Account Nos. 109-409-500-598-6137 (Gas Tax Funds) and 301-409-500-598-6134 (CDBG Funds) to 109-509-500-598-6137 (Gas Tax Funds) and 301-509-500-598-6134 (CDBG Funds)respectively. The total final project cost will be increased from $272,850.00 to $347,850.00. Environmental Review Financial Statement The the final contract cost B50540 Account Numbe 509-506-598-6110. 109/ 301-509-500-598-6137; 500-598-6108; 109-40 TAFF RECOMMENDA IO Adopt the Resolutio Order No. 1. 0 0 X N/A original contract was awarded for $272,850 000 and s $347 850. Funds are available from P.O. No. 9 09-500-598-6137; 301-409-500-598-6137; 301- 59-500-598-6127, and 301/109-509-500-598-6134; 509-5 0-598-6132; 109-409-500-598-6134; 109-509- 0-5 8-37and 301-409-500,-598-6134. • 1 BOARD/ COMMISSION RECOMMENDATION N/A L ransfer of • dject funds and Change 99-32 ATTACHMENTS (Listed Below) Resolution No 1. Resolution 2. Change Order No. 1 °8-ir -i:O (Rev. 9/BO) RESOLUTION NO. 99-32 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE TRANSFER OF PROJECT FUNDS AND CONTRACT CHANGE ORDER NO. 1 FOR THE REPLACEMENT OF MISCELLANEOUS CURBS, GUTTERS, SIDEWALKS AND PEDESTRIAN RAMPS AT VARIOUS iCATIONS THROUGHOUT THE CITY (ENGINEERING SPECIFICATION NO. 98-1) WHEREAS, on July 29, 1998, the City Council by Resolution No. 98-90 awarded a contract to MJC Construction Company for the replacement of concrete curbs, gutters, sidewalks and pedestrian ramps at various locations in the City, at a contract cost of $272,850.00; and WHEREAS, during construction, several additional curbs, gutters, sidewalks and pedestrian ramps were found to be in need of replacement; and WHEREAS, it has been recommended by the City Engineer that the scope of work in the contract with MJC Construction Company be expanded by approval of a change order to replace the additional curbs, gutters, sidewalks and pedestrian ramps, at a cost of $75,000; and WHEREAS, the City Engineer has further recommended that a transfer of project funds be approved in order to provide funding for the change order. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves Change Order No. 1 for the contract with MJC Construction Company, Engineering Specification No. 98-1, for the replacement of miscellaneous curbs, gutters, sidewalks and pedestrian ramps throughout the City. BE IT FURTHER RESOLVED that the City Council hereby authorizes that the subject change order be funded by the transfer of project funds, as follows: FROM: Account No. 109-409-500-598-6137 Gas Tax Funds Account No. 301-4 9-500-598-6134 CDBG Funds TO: Account No. 109-509-500-598-6137 Gas Tax Funds Account No. 301-509-500-598-6134 CDBG Funds Signature Page to Follow Resolution No. 99-32 March 23, 1999 PASSED and ADOPTED this 23'd day of March, 1999. George H. Waters, Mayor ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: r, J 7 George H. Elser, III City Attorney Contract Change Order Page 1 Specification No. : 98-1 Date: 3/15/99 Change Order No. 1 Project No.: 6127, 6134,and 6 Project Miscellaneous Curbs, Gutters, Sidewalks, and Pedestrian Ramps Improvements at Various Locations To: (Contractor) MJC Construction 1234 Nolan Avenue, Chula Vista, Ca 91911 ntract oians and specifications: Item No. ( I ) ,..,.,..• , --- •- --.... ........ .. - --- Description of Changes —Quantities, Units,Unit Prices, Change in Completion Schedule, and Justification. (II) Decrease In Contract Price (III) Increase In Contract Price (V) Additional Work I 1 Increase the quantities of misc. concrete improvements at various locations throughout the City at the contract unit price. otai Cost Increase @ $75,000.00 $75,000.00 • •• During the construction of the project, a large quantity of the existing concrete improvements were observed that needed to be removed and replaced TOTAL THIS PAGE S75.000.00 Contract Change Order Page 2 Specification No. : 98-1 Date: 3/15/99 Change Order No. 1 Project No.: 6127, 6134,and 6 Project: Miscellaneous Curbs, Gutters, Sidewalks, and Pedestrian Ramps Improvements at Various Locations To: (Contractor) MJC Construction 1234 Nolan Avenue, Chula Vista, Ca 91911 You are hereby requested to comply with the following changes from the contract plans and specifications. Item No. (I) Description of Changes —Quantities, Units,Unit Prices, Change in Completion Schedule, and Justification. (II) Decrease In Contract Price (III) Increase In Contract Price ( V ) CHANGE IN CONTRACT PRICE DUE TO THIS CHANGE ORDER: TOTAL DECREASE TOTAL INCREASE DIFFERENCE BETWEEN COL. (3) AND (4) NET INCREASE CONTRACT PRICE $ $ $ XXXXXXXXXXXXXXXXX $75.000 $75,000 $75.000 XXXXXXXXXXXXXXXX ORIGINAL CONTRACT PRICE: $272,850.00 CURRENT CONTRACT PRICE, AS ADJUSTED BY PREVIOUS CHANGE ORDERS: $272,850.00 THE SUM OF $75,000.00 IS HEREBY ADDED TO THE TOTAL CURRENT CONTRACT PRICE, AND TOTAL ADJUSTED CONTRACT PRICE TO DATE: $347,850.00 THE TIME PROVIDED FOR COMPLETION IN THE CONTRACT IS UNCHANGED. THE DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL PROVISIONS OF THE CONTRACT WILL APPLY HERETO. THE CONTRACTOR ACCEPTS THIS CHANGE ORDER AS FULL COMPENSATION FOR ADDITIONAL WORK AND ANY DELAY TO THE PROJECT CAUSED BY THIS CHANGE ORDER. THIS CHANGE ORDER WAS REQUIRED BY THE CITY. PREPARED BY: DATE: I, THE UNDERSIGNED CONTRACTOR, HAVE GIVEN CAREFUL CONSIDERATION TO THE CHANGES PROPOSED AND HEREBY AGREE, IF THIS PROPOSAL IS APPROVED. THAT WE WILL PROVIDE ALL EQUIPMENT, FURNISH ALL MATERIALS. EXCEPT AS MAY OTHERWISE BE NOTED ABOVE. AND PERFORM ALL SERVICES NECESSARY FOR THE WORK ABOVE SPECIFIED. AND WILL ACCEPT AS FULL PAYMENT THEREFORE THE PRICE SHOWN ABOVE. ACCEPTED BY: NAME: APPROVED BY: APPROVED BY: RESOLUTION NO. Contractor's Signature City Engineer City Manager DATE: TITLE: DATE: DATE: DATE: City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Marrh 23, 1999 AGENDA ITEM NO. 2 I ITEM TITLE 1 RESOLUTION AUTHORIZING WAIVER OF BID PROCESS AND PURCHASE OF SOFTWARE MAINTENANCE AGREEMENT FROM MOBILE ACCESS SOFTWARE INCORPORATED (MASI). PREPARED BY _DEPARTMENT CHIEF A.L. DICERCHIO d� POLICE DEPARTMENT The Police Department requests permission to waive the bidding requirements for the purchase of a software support agreement from Mobile Access Software Incorporated (MASI)5 mobile police radios. According to purchasing ordinance #1480, section 12a4, the bidding requirements may be waived "when Council determines that due to special circumstances, it is to the City's best interest to purchase a commodity or enter into a contract without compliance to the bidding procedure. The following special circumstances exist: EXPLANATION. 1. The National City Police Department Automated Field Reporting System utilizes proprietary software produced by MASI. 2. As MASI controls the source code to the software, it is the sole provider of maintenance and support for product. Environmental Review xx N/A Financial Statement Cost of agreement is $11,999.04 which was included in the FY 1998/99 Police Budget. in the contract services account. /7). Account No 001-4 1, 000-299 TAFF RECOMMENDATION Approve the Resolution. BOARD/COMMISSION RECOMMENDATION N/A 99-33 AT7AC'rIMENTS (Listed Below) Resolution No Resolution Software Maintenance Agreement A.2n0 (Rev. '/?�� COUNCIL AGENDA STATEMENT RESOLUTION AUTHORIZING WAIVER OF BID PROCESS AND PURCHASE OF SOFTWARE MAINTENANCE AGREEMENT PAGE 2 Under the terms of the agreement, the National City Police Department would receive software support for it's software applications that are part of the automated field reporting system. Those applications include the AFR field application, approval and tracking module, main data base and records module through the remainder of FY 1998/99. Additionally as part of the agreement the police department will receive upgrades and enhancements to the software. Cost of the agreement is $11,999.04. This was anticipated and included in the FY 1998/99 budget. As Mobile Access Software Incorporated is the only qualified vendor capable of providing software support for its proprietary automated field reporting system applications capable of meeting the needs of the Police Department, the Police Department recommends that Council approve the proposed Resolution waiving the bidding requirements and authorizing the City's Purchasing Agent to execute a Purchase Order with Mobile Access Software Incorporated for a software maintenance agreement. RESOLUTION NO. 99-33 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE PURCHASING AGENT TO WAIVE THE BIDDING PROCESS AND AWARD A SOFTWARE MAINTENANCE AGREEMENT TO MOBILE ACCESS SOFTWARE INCORPORATED (MASI) WHEREAS, the Police Department's Automated Field Reporting System utiliws proprietary software produced by Mobile Access Software Incorporated (MASI); and WHEREAS, MASI controls the source code to the software; and WHEREAS, MASI is the sole provider of maintenance and support for the Automated Field Reporting System; and WHEREAS, pursuant to Section 12.60.220(D) of the National City Municipal Code, the Purchasing Agent may dispense with the requirements of the bidding when the City Council determines that due to special circumstances, it is to the City's best interest to purrha sf. a commodity or enter into a contract without compliance with the bidding procedure. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City finds special circumstances to exist, and hereby authorizes the Purchasing Agent to waive the bidding process, and awards a maintenance agreement to Mobile Access Software, Incorporated (MASI) for the Police Department's Automated Filed Reporting System. Said agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 23' day of March, 1999. ATTES> Michael R. Dalla, City Clerk APPROVED AS TO FORM: / /3 a:= George H. Eiser, III City Attorney George H. Waters, Mayor PoliceReportsTM - Software Maintenance Agreement Services Type of Response Patches and Maintenance Releases Yes (Software patches will be supplied via dial up modem connection to the server, or via Diskettes or CD sent via US mail. The customer is responsible for installation/distribution) Upgrades to MASI's AFR2000, application software installed on the portable computers for use by the police officer in the field. Yes (Software upgrades will be supplied via dial up modem connection to the server, or via Diskettes or CD sent via US mail. The customer is responsible for installation/distribution) Upgrades to MASI's MDS2000, application software installed on the customers server for use by supervisors, records personnel and other authorized users to track and approve reports submitted by police officers using MASI's AFR2000. Yes (Software upgrades will be supplied via dial up modem connection to the server, or via Diskettes or CD sent via US mail. The customer is responsible for installation/distribution) • Telephone Assistance On -site Response (Software) Customer defined priority Urgent (Phone) Serious (Phone) Non -critical (Phone) Remote Dial -In Analysis 8 X 5 - Mon. — Fri., Holidays Excluded 8 X 5 - Mon. — Fri., Holidays Excluded 4 working hours Next working day 5 working days Yes (Customer must provide MASI dial up access to MDS2000. MASI understands that an authorized NCPD representative may be required to activate dial up access as required.) 1. Customer will designate authorized points of contact for MASI's support. The customer's designated points of contact will initiate all requests and communications with MASI regarding the above maintenance and support program. 2. Initial requests will be made from the customer to MASI via telephone, facsimile and/or email. The above response times are based on an initial response from MASI. Actual problem resolution will be depend on the nature of the problem. 3. The above support also includes on -site support to be supplied MASI. If after attempting to solve a problem via telephone, facsimile, email and/or dial up access to the server MASI determines that on - site support is required, the response time for onsite technical support will depend on the nature of the problem, availability of the appropriate technical resources and customer convenience. 4. The customer must be using a version of the PoliceReportsTM, AFR2000 and MDS2000, application currently supported by MASI. PoliceReportsTM - Software Maintenance Agreement Software Maintenance Agreement AGREEMENT by and between MOBILE ACCESS SOFTWARE, INC., ("Licensor") having its principal place of business at 10996 Torreyana Road, San Diego, CA 92121, and the National City Police Department ("Customer') having its principal place of business at 1200 National City Blvd. National City, CA 91950-4392 WHEREAS, Licensor has licensed to Customer certain systems as specified in the Software License Agreement and Customer wishes to have Licensor perform software maintenance services on the licensed systems pursuant to the following terms and conditions: Software Systems Covered The software covered in this Agreement is the Licensor's Software System, as more fully described in the Software License Agreement, and as updated with improvements or modifications furnished to Customer under the Licensor Warranty Agreement. During the terms of this Agreement, Licensor shall supply Customer with any improvements or modifications to the Software Systems, which are not charged for as options. Correction or Replacement During the term of this Agreement, Licensor shall correct or replace the Software System or provide the services necessary to remedy any programming error which is attributed to Licensor and which significantly affects use of the Software System. Such correction, replacement or services shall be promptly accomplished after Customer has identified and notified Licensor of any such error in accordance with Licenser's reporting procedures. Customer Support Customer agrees to provide Licensor with dumps, as requested, and with sufficient support and test time on Customer's computer system to duplicate the problem, certify that the problem is with Licensor's Software System, and certify that the problem has been corrected. Customer Responsibility Customer shall inform Licensor in writing of any modifications made by Customer to the Software System. Licensor shall not be responsible for maintaining Customer -modified portions of the Software System or for maintaining portions of the Software System affected by Customer -modified portions of the Software System. Corrections for difficulties or defects traceable to Customer's errors or systems changes shall be billed at Licensor's standard time and material charges. Telecommunications Customer shall install and maintain for the duration of this Agreement. a modem and associated dial -up telephone line. Customer shall pay for installation, maintenance and use of suca equipment and associated telephone line use charges. Licensor, at its option, shall use this modem and telephone line in connection with error correction. Such access by Licensor shall be subject to prior approval by Customer in each instance. Payment Customer shall pay Licensor $1 1,136.00 plus sales tax of S863.04 for a total of 31 L999.04 in advance for this Software Maintenance Agreement. Term The term of this Agreement shall commence upon Payment for this software maintenance agreement, and shall continue until June 30 1999, after which it may be terminated by either party on sixty (60) days prior written notice. If no notice is given, the Agreement will be automatically renewed for one- year intervals, subject to 60 days notice of cancellation. Travel Expenses Customer shall reimburse Licensor for any out-of- pocket expenses incurred at Customer's request, including travel to and from Customers site, lodging, meals, telephone and shipping, as may be necessary in connection with the duties performed under this Agreement by Licensor. Adjustments to Terms and Conditions At any time after the expiration of the initial one year term, Licensor may change its software maintenance fees, terms and conditions upon 90 days' written notice to Customer. Upon receipt of such notice, Customer shall have the option to terminate this Agreement upon 30 days written notice to Licensor. Title to Software Systems and Confidentiality - Any changes, additions, and enhancements in the form of new or partial programs or documentation as may be provided under this Agreement shall remain proprietary to Licensor. The Licensor Agreement referred to above shall include under its proprietary restrictions any such additional programming and documentation provided under this Agreement. - The Software System or any improvements, PoliceReportsTi l - Software Maintenance Agreement modifications or changes to the Software System provided hereunder and all copies thereof are proprietary to Licensor and title thereto remains in Licensor. All applicable rights to patents, copyrights, trademarks, and trade secrets in the Software System and the improvements, modifications and changes thereto are and shall remain in Licensor. Customer shall not sell, transfer, publish, disclose, display or otherwise make available the Software System or improvements, modifications or changes thereto or copies thereof to others. Customer agrees to secure and protect each program, software product and copies thereof in a manner consistent with the maintenance of Licensors rights therein and to take appropriate action by instruction or agreement with its employees who are permitted access to each program or software product to satisfy its obligations hereunder. All copies of the Software System, or improvements, modifications or changes thereto made by Customer including translations, compilations, partial copies with modifications and updated works are the property of Licensor. - Violation of any provisions herein shall be the basis for immediate termination of this Software Maintenance Agreement. Termination of this Agreement shall be in addition to and not in lieu of any equitable remedies available to Licensor. Exclusion of Liability LICENSOR MAKES AND CUSTOMER RECEIVES NO WARRANTY EXPRESS OR IMPLIED AND THERE IS EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT FOR CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Termination In the event of termination of the Software License Agreement referred to above, all maintenance fees will remain the property of the Licensor, and Licensors obligations under this Software Maintenance Agreement shall immediately end. Licensor may terminate this Agreement in the event of default by Customer. Taxes Customer shall, in addition to the other amounts payable under this Agreement, pay all sales and other taxes, national, state, or otherwise, however designated, which are levied or imposed by reason of the transaction contemplated by this Agreement. Without limiting the foregoing, Customer shall promptly pay to Licensor an amount equal to any such items actually paid, or required to be collected or paid by Licensor. General • Each party acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and further agrees that it is the complete and exclusive statement of the Agreement between the parties, which supersedes and merges all prior proposals, understandings and all other agreements oral and written, between the parties relating to this Agreement. This Agreement may not be modified or altered except by a written instrument duly executed by both parties. • This Agreement and performance hereunder shall be governed by and construed in accordance with the laws of the State of California, and any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled in accordance with the rules of the American Arbitration Association. Unless the parties otherwise agree, the arbitration shall be held in San Diego, California. Judgment upon any award rendered by the arbitrator(s) may be confirmed in any court having jurisdiction thereof If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby. Customer may not assign, without the prior written consent of Licensor, its rights, duties or obligations under this Agreement to any person or entity, in whole or in part. The waiver of failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder. PoliceReportsTM - Software Maintenance Agreement IN WITNESS WHEREOF, the parties have executed this Contract as of the day and year first above written. MOBILE ACCESS SOFTWARE, INC. CITY OF NATIONAL CITY Title: CEO Date: Signature: Name: Title: Date: ,Z/I3TEM #3 /23/99 March 4, 1999 The Honorable George Waters, Mayor City of National City 1243 National City Boulevard National City, CA 91950 Dear Mayor Waters, This letter is a request for permission to serve beer, wine and alcohol at our 6th Annual Casino Night, to be held April 10, 1999, at the Club from 7:00 p.m. to 11:00 p.m. Tickets will be sold in advance. Children will not be allowed. The bartender, Norman Bradley of Imperial House Restaurant, carries a million - dollar insurance policy and has a liquor license. Sincerely P. Beatie ve Director GPB:scv The Positive Place For Kids BOYS & GIRLS CLUBS of National City 1430 "D^ Avenue National City CA 91950 (619) 477-5445 Fax (619) 477-9177 Officers President Victoria `Vicky' Waters 1" Vice President Ronald Detzer Esq. 2"d Vice President Rolando Abagat Secretary/Treasurer Diane Tagle Past President George Hood Board of Directors Skip DiCerchio Cheryl Dorris MA Fred M. Harder Mike Iglesias Pat Large Ben Nichols Louise C. Phipps EdD Allie Pruitt Steve South Jess Van Deventer Ann Vroom Honorary Board Members John & Christy Walton Mayor George H. Waters Executive Director Gregory P. Beatie Resource Development Director Tim J. Hall Program Director Joel Baeza Office Manager Susan Volkenant Supported.in part. by WHITEY WAY AGENCY 6166 ITEM #4 3/23/99 City of La Mesa ART MADRID Mayor February 16, 1999 The Honorable George H. Waters Mayor, City of National City 1243 National City Boulevard National City, CA 91950 Dear Mayor ers: !"'-" Effective July 1, 1998 with the sale of their landfill system, the County of San Diego abandoned its regional household hazardous materials program. Many of us believe that the funding for that program still exists. The dollars our cities' residents contributed towards the regional household hazardous waste program can be found in the proceeds of the landfill system sale —proceeds which the County has diverted to non -solid waste uses. As our cities struggle to provide cost-effective household hazardous waste programs for their residents, the County continues to reap all the benefit of the sale of the landfill system, while Allied Waste Industries counts as profit our former household hazardous waste fees. The La Mesa City Council thinks this is wrong! We strongly believe that the regional household hazardous waste program should be reinstated using those existing funds, and we are taking steps to see that it happens. The enclosed letter written by attorney Dwight Worden, who has been retained by the La Mesa City Council as Special Counsel, captures our rationale. Mr. Worden has represented La Mesa and other cities with respect to solid waste issues, and his firm's experience in complicated legal solid waste matters is extensive. In fact, Mr. Worden will be addressing this issue at the next League Division meeting on March 8. I hope you will plan to attend. I know that you share my concerns about the demise of our regional household hazardous waste program and the fate of the program's funding. I ask that you show your support for La Mesa's actions by sending a letter of support to the California Integrated Waste Management Board. A sample support letter is enclosed. Support letters may be faxed to Ms. Friedman at 916-255-2977. Please contact me or Carol McLaughlin of my staff if you have any questions. Carol can be reached at 619-667-1162 or by E-mail at cmclauchlin@ci.la-mesa.ca.us. Thank you for your concern and support. Sincerely, Art Madrid Mayor cc: C:tvv Manacer City Attorney _.. `.iES.\. :.\L!F' iRN .'•• off- t5 5(37- 1 ! 06. F.-.A ti>'_-73"_':3 r [CITY LETTERHEAD] [Date] California Integrated Waste Management Board Attention: Judith Friedman, Deputy Director Diversion, Planning & Local Assistance Division Second Floor, Mail Stop 7 8800 Cal Center Drive Sacramento, CA 95826 Dear Members of the Board: Please put the City of on record as being in support of the City of La Mesa's actions concerning the County of San Diego's failure to carry out the adopted household hazardous waste provisions of the County Integrated Waste Management Plan. This issue was addressed in a letter to your Board from attorney D. Dwight Worden, dated February 9, 1999. Individual jurisdictions in San Diego County now compete for scarce household hazardous waste grant funds, yet programs implemented by individual cities cannot be as cost-effective as the regional program the County committed to in its Household Hazardous Waste Element. More important, individual public education programs cannot hope to be as effective or successful as a coordinated regional approach to household hazardous waste education. The City of asks that your Board take this matter into consideration as part of your biennial review of the County of San Diego's Household Hazardous Waste Element. Sincerely, Mayor THENIVttv LAW OFFICES OF WORDEN, WILLIAMS, RICHMOND, BRECHTEL & GIBBS A PROFESSIONAL CORPORATION Lawrence B. Prior III Chief Administrative Officer County of San Diego 1600 Pacific Highway San Diego, CA 92101 February 9, 1999 462 STEVENS AVENUE . SUITE 102 SOLANA BEACH . CALIFORNIA 52075 VOICE 16191 755-6604 FAX (6191 755-519B Judy Freeman, Deputy Director Diversion, Planning & Local Assitance Division California Integrated Waste Management Board 8800 California Center Second Floor, Mail Stop 7 Sacramento, CA 95826 Re: San Diego County's Integrated Waste Management Plan; County's Failure to Implement Adopted Household Hazardous Waste Provisions. Dear County and Integrated Board: This office has been retained by the City of La Mesa to represent it with regard to implementation of the approved Integrated Waste Management Plan for San Diego County with particular reference to implementation of the adopted Household Hazardous Waste provisions of that Integrated Plan. In short, both the City of La Mesa and the County of San Diego have adopted Household Hazardous Waste Elements ("HHWE's") and the same have been incorporated in the County's Integrated Waste Management Plan ("Plan") which has been approved by the California integrated Waste Management Board ("CIWMB") as required by State law. The approved Plan requires the County to implement the household hazardous waste programs set forth in the Plan, and calls for the County to fund the Household Hazardous Waste program on a regional basis through tipping fees. The County is currently in noncompliance with the approved Plan as it has discontinued the required household hazardous waste programs, has ceased funding the same, and has notified La Mesa and other cities that it will no longer provide these services. La Mesa asks the County to immediately bring itself into compliance with the approved Plan by funding and reinstating the regional Household Hazardous Waste program as required by the Plan, and asks the CIWMB to issue a compliance order to that effect and to take ail necessary follow-up enforcement ac:cn to insure that the Plan as approved is, in fact, implemented. IC C:.'NTS.C::LMc Lawrence B. Prior III Chief Administrative Officer County of San Diego Judy Freedman, Deputy Director California Integrated Waste Management Board February 9, 1999 Pace 2 Summary of Background Facts. For many years, with the cooperation of La Mesa and other cities, the County of San Diego provided household hazardous waste management services to the unincorporated County and to all of the cities in the County, except the City of San Diego which has its own program. The County's program was funded through regional tipping fees charged at County landfills and other disposal facilities. The program was regionally coordinated and funded, and was cost effective, convenient, and efficient. Tne program as required by the Plan and as implemented by the County until July 1998 included three active permanent drop-off sites for convenient disposal of household hazardous waste and a series of temporary events staged throughout the year at various other regional locations, with the Plan calling for four to six permanent locations in the near future. The programs required by the .Plan were designed from a regional perspective to maximize convenience and use by the regional population. Because the drop-off centers and events were fully funded through regional tipping fees, there was no charge to the user at the gate for household hazardous waste drop-offs, and this convenient service was very effective at removing household hazardous wastes such as paints, solvents, cleansers, oils, etc. from the waste stream and in preventing them from being illegally dumped. Likewise the required public education programs set out in the Plan were effective and coordinated through the regional approach of the Plan. Since the County has discontinued the program, the cities have been left scrambling to try and fill the void, and currently there are only three drop-off sites in the region and few if any temporary events.' Some areas of the region have no service, and others must travel great distances. Others must pay for the service that used to be "free." Coronado, host to one of the permanent sites, notified La Mesa and others by letter dated July 6, 1998, that as a result of the County's discontinuance of the redone! program the Coronado site would need to be reserved for Coronado only. Likewise, as a result of the County's discontinuance of the regional program Vista and Poway, hosts for the other two permanent sites, have restricted access to their facilities and have imposed requirements for agreements and funding for use by outsiders. The result is hither cost, less To this writer's knowledge there are no currently planned temporary events except those conducted by the City of San Diego. Lawrence B. Prior III Chief Administrative Officer County of San Diego Judy Freedman, Deputy Director California Integrated Waste Management Board February 9, 1999 Page 3 convenience, and less access than historically has been available, and a dramatic retreat from the forward movement required by the Plan. Cities must now compete with each other, and with the. County for scarce grant funds causing breakdown in the coordinated regional approach required by the Plan and by the Integrated Waste Management Act. And, the fragmented programs attempting to fill the void left by the County cannot hope to provide the effective, coordinated, and regional public education programs required by the Plan and which are critical to the success of the overall program. These changes have virtually assured that the County, as a whole, cannot meet its household hazardous waste goals as set forth in the Plan unless the County promptly reinstates the regional program called for by the Plan. The Plans. In 1992 the City of La Mesa submitted its first HHWE to the County of San Diego in compliance with Public Resources Code section 41500. La Mesa's Plan was reviewed and accepted by the County. In 1992 the County prepared its own HHWE in conformance with Public Resources Code section 41510 and submitted the same to the CIWMB as required by statute. These two HHWE's were then, along with similar HHWE's adopted by other cities in the region, included in the County prepared Integrated Waste Management Plan which, itself, was submitted to the CIWMB by the County and approved by the C;'/`rME. With respect to household hazardous waste issues, the La Mesa HHWE, the County HHWE, and the overall Integrated Plan prepared by the County set forth the same program: the County would conduct the household hazardous waste program at certain designated permanent sites, would increase the number of permanent sites to four to six, would hold a number of temporary events per year at locations throughout the County convenient to the public, would conduct an aggressive region -wide public education prcgram, and would fund the entire program through tipping fees. Given that these tipping fees were and are paid by cities and their businesses and residents, including La Mesa, the cities and their businesses and residents, through these fees, funded the program set forth in the Plan even though it was administered by the County. K`c iN-rs ''L.`. az s-c i.maso. sib a Lawrence B. Prior III Chief Administrative Officer County of San Diego Judy Freedman, Deputy Director California Integrated Waste Management Board February 9, 1999 Page 4 County Sale of Solid Waste System. In 1997 the County of San Diego entered into an agreement with Allied Waste, inc. whereby the County sold certain of its solid waste assets, including its landfills and bin sites, to Allied and under which Allied assumed certain specified obligations and responsibilities with respect to solid waste that had previously been performed by the County. A review of the purchase and sale agreement fails to disclose any provision that would require Allied to carry on the Regional Household Hazardous Waste programs required by the Plan, even though La Mesa, its businesses and residents, along with other regional users of the landfills and disposal sites sold to Allied, continue to pay the same tipping fees, a component of which is for this program. Shortly after the sale, the County notified La Mesa and other cities that the County would be discontinuing the household hazardous waste programs called for by the HHWE's and by the approved Integrated Waste Management Plan. La Mesa's research has failed to disclose, however, that the County took any action to attempt to ensure ongoing Plan compliance, to amend the HHWE's or the Integrated Plan, or to otherwise seek CiWMB approval to allow it to discontinue the long established household hazardous waste management programs as set forth in the Plan. Rather, the County simply stopped following the Plan on its own initiative. To make matters worse, while neither the County nor Allied appears to have any current plans to reinstate these or similar programs, Allied continues to collect full tipping fees, including the component intended to fund the Regional Household Hazardous Waste program. And, the County, having "sold" its solid waste assets to Allied, is diverting significant portions of the sale proceeds to non -solid waste purposes. In effect, regional tipping fees paid by all intended to be used for household hazardous waste management purposes are being transferred through asset sales into non -solid waste related County programs at the expense of all users of the system. One result is that what was an effective regional program for managing household hazardous waste has ended. La Mesa believes that either Allied should provide the service, since it is receiving the tip fees which include a component fcr the service, or the County should use some e of its windfall proceeds from the sale of its solid waste system (assets paid for by all in the region through tip fees) to continue to fund the Household Hazardous Waste program as called for by the Plan. This is the only reasonable way to ensure that a regionally effective program continues, that the goals of the Integrated Waste Management Act, of the K .CI.arrsC:.. MD'L�?' ERS..:. i.\fD6o. 448 N/N/ Lawrence B. Prior III Chief Administrative Officer County of San Diego Judy Freedman, Deputy Director California Integrated Waste Management Board February 9, 1999 Page 5 CIWMB, and of the Integrated Plan are met, and that fairness and equity to those who pay can be maintained. La Mesa now makes this formal request that the County immediately bring itself back into compliance with its approved Integrated Waste Management Plan by recommencing the household hazardous waste programs as set forth in the household hazardous waste elements of that Plan. And, La Mesa asks that the C1WMB issue a compliance order to that effect and take all necessary follow-up enforcement action to insure that this important program is continued. Summary of the Law. Each city and county is required to have a Household Hazardous Waste Element ("HHWE'). Public Resources Code section 41500 (cities) and 41510 (counties). These HHWE's, in turn, must be included in the Integrated Waste Management Plan ("Plan") for the region. Public Resources Code section 41750(c)(d). The Plan is to be reviewed and updated at least once every five years. Public Resources Code section 41770. And, an amendment to an HHWE may be processed at any time to account for updated information, changes in circumstances, and to insure compliance with the Integrated Waste Management Act. Public Resources Code section 41770.5. It is the CIWMB's duty to review and approve each Plan, and the HHWE's therein, to insure compliance with the Integrated Waste Management Act. Public Resources Code section 41790. In addition, the CIWMB must review every HHWE at least once every two years. If the CIWMB determines that a local agency has failed to implement its HHWE, the CIWMB "shall" issue a compliance order to bring the agency into compliance. Public Resources Code section 41825. In this case, it is the County of San Diego which is in noncompliance with the HHWE's contained within the approved Plan, and La Mesa asks that the State Board issue the necessary compliance order under Section 41825. This request is timely in that La Mesa understands the CIWMB will soon be conducting its required two year review of the County. If the County fails to bring itself into compliance with the approved Plan after the issuance cf a compliance order by the CIWMB, the CIWMB may fine the County up to $10,000 per day un:if it brings itself into compliance. Public Resources Code section . _ Ste"— tif>st 143 A i Lawrence B. Prior Ill Chief Administrative Officer County of San Diego Judy Freedman, Deputy Director California Integrated Waste Management Board February 9, 1999 Page 6 41850. Additionally, the County is precluded from exporting any waste outside the County of San Diego until it brings itself into compliance with the Plan and until it has fully implemented the HHWE's thereof. Public Resources Code section 41903. Conclusion. La Mesa respectfully requests that the County immediately bring itself into compliance with the CIWMB approved Integrated Waste Management Plan with respect to the household hazardous waste programs, set out in the approved HHWE's. If for any reason the County fails to take such appropriate action, La Mesa requests that the CIWMB take the necessary actions to issue a compliance order and to pursue any appropriate enforcement action. Unless the Regional Household Hazardous Waste program as set forth in the Integrated Plan is promptly reinstated, it is virtually assured that the County, and the region, cannot and will not meet the goals of the Integrated Waste Management Act or of the Ccuntys Integrated Waste Management Plan with respect to household hazardous waste management. Sincerely, WORDEN, WILLIAMS, RICHMOND, BRECHTEL & GIBBS, APC D. DWIGHT WORDEN DDW:Ig cc: Dave Wear, City Manager, City of La Mesa Jack Kcerper, SANDAG Allied Waste, Inc. Elliot Block, Staff Counsel, CIWMB County C:.unsel, San Diego County