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Home My WebLink About1997 09-23 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — SEPTEMBER 23, 1997 - 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 CITY MANAGER, TOM G. MCCABE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 16, 1997 PROCLAMATIONS Proclaiming September 23, 1997 to be: "BOBBY GARCIA DAY" Proclaiming the month of October 1997 to be: "BREAST CANCER AWARENESS MONTH" COUNCIL AGENDA 9/23/97 PAGE 2 INTERVIEWS/APPOINTMENTS — BOARDS AND COMMISSIONS Senior Citizens Advisory Board - Reappointment PUBLIC HEARINGS 1. Public Hearing — On the Closure of 22nd Street at Euclid Avenue. (Engineering) 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. q 7-✓-Y 2. Resolution No. 97-122 A Resolution of the City Council of the City of National City confirming W.D. "Bud" Pocklington to vote in the absence of the City's representative to the San Diego County Water Authority. (City Attorney) 69'7- 3. Resolution No. 97-123 A Resolution of the City Council of the City of National City authorizing the Chief of Police to execute a contract with Allstate Insurance Company for the use of an undercover vehicle. (Police) a97- 4. Resolution No. 97-124 A Resolution of the City Council of the City of National City awarding an Agreement to Southland Car Counters for Fiscal Year 1997-98 Traffic Data Collection Services. (Engineering) COUNCIL AGENDA 9/23/97 PAGE 3 CONSENT CALENDAR (cont.) 5. Resolution No. 97-125 A Resolution of the City Council of the City of National City authorizing the Mayor to execute a Program Supplement Agreement No. 019 Revision 1 to Local Agency -State Agreement No. 11-5066 for preliminary engineering, right-of-way, construction and construction engineering for the replacement of National City Boulevard Bridge at Sweetwater River Bridge No. 57C-122, Project No. 5066(004). (Engineering Specs. No. 92- 15) (Engineering) 6. Resolution No. 97-126 A Resolution of the City Council of the City of National City adopting an annual Disadvantaged Business Enterprises (DBE) Program and goals for federally funded construction contracts. (Engineering) 7. WARRANT REGISTER NO. 12 (Finance) Ratification of Demands in the amount of $382,603.65 Certification of Payroll in the amount of $459,062.29 NON CONSENT RESOLUTIONS Cqo - ,31/ 8. Resolution No. 97-127 A Resolution of the City Council of the City of National City authorizing the Mayor to execute a Letter Agreement with U.S. Public Technologies. (Police) COUNCIL AGENDA 9/23/97 PAGE 4 OLD BUSINESS 9. Cablecasting of City Council Meetings. (City Manager) NEW BUSINESS 10. Claim for Damages: John J. McDonnell. (City Clerk) -* CITY MANAGER - CITY ATTORNEY - OTHER STAFF -* MAYOR —> CITY COUNCIL COUNCIL AGENDA 9/23/97 PAGE 5 NEW BUSINESS (cont.) 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. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION — Initiation of Litigation Pursuant to Government Code Section 54956.9(c) - One Potential Case — People ex.rel. Stull v. Bank of America ADJOURNMENT City Council Adjourned Meeting — Review of Fire Department Planning Process — September 24, 1997 — 3:00 p.m. — Large Conference Room, Civic Center Next Regular City Council Meeting — October 7, 1997 - 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 3,1rnrtamaUnn WHEREAS, The most common cancer among women of all ages in National City and one of the leading causes of death among women between the ages of 35- 55 is Breast Cancer; and WHEREAS, The American Cancer Society is the nation's leading community -based, voluntary health organization dedicated to eliminating cancer as a majority health problem by preventing cancer, saving lives from cancer, and diminishing suffering from cancer through research and education, advocacy and service; and WHEREAS, By working together the American Cancer Society and the City of National City can make considerable progress towards changing the course of the disease through early detection and by supporting basic research into the cause of breast cancer, thereby saving hundreds of lives and millions of dollars each year. NOW, THEREFORE, I, GEORGE H. WATERS, Mayor of the City of National City, do hereby proclaim the month of October 1997 to be: "BREAST CAN GER AARENESS:MONTH" in the City of National City and urge all the women in our community to learn about how they can best protect themselves from Cancer. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of National City be affixed this 231d day of September, 1997. GEORGE H. WATERS Proclamation WHEREAS, BOBBY GARICA, Proprietor of the National City Landmark "THE ELBO REST", was raised in National City and attended National City Schools and developed a life long commitment to Sweetwater High School; and WHEREAS, After completing several years as a successful barber shop owner in down- town San Diego he chose to return to his beloved City of National City and purchased the ELBO REST, some twenty years ago; and WHEREAS, The ELBO REST has become a gathering place for numerous Sweetwater High School graduates and former National City residents of ail ages; and WHEREAS, BOBBY GARCIA has through his own initiative and resources helped many people especially in their time of need and has never sought credit or recognition; and WHEREAS, BOBBY GARCIA exemplifies the small business spirit that is synonymous with the image of National City; and WHEREAS, The City Council of National City call upon ail the residents of National City to reflect on Bobby Garcia's accomplishments and the significance of his establishment the ELBO REST. I NOW, THEREFORE, I, GEORGE H. WATERS, Mayor of the City of National City, do hereby proclaim September 23, 1997 to be: "BOBBY GARCIA DAY" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of National City be affixed this 23rd day of September, 1997. GEORGE H. WATERS -t, Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4230 George H. Waters - Mayor SEPTEMBER 15, 1997 TO: COUNCILMEMBERS FROM: MAYOR GEORGE H. WATERS SUBJECT: SENIOR CITIZENS ADVISORY BOARD Please be advised that Ms. Marie Meier's term on the Senior Citizens Advisory Board expired on August 31, 1997. Ms. Meier has served faithfully on this Board and is requesting consideration for reappointment. If there are no objections, I recommend we reappoint Ms. Meier to the Senior Citizens Advisory Board for a term ending August 31, 1999. This item will be placed on the Council Agenda for the meeting of September 23, 1997. GEORGE H. WATERS Mayor GHW:nu ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT September 23, 1997 MEETING DATE ITEM TITLE AGENDA ITEM NO 1 A PUBLIC HEARING ON THE CLOSURE OF 22ND STREET AT EUCLID AVENUE PREPARED BY Dino Serafini DEPARTMENT Engineering EXPLANATION. OnAugust 12, 1997 the City Council set a Public Hearing on the closure of 22nd Street at Euclid Avenue. The Public Hearing was set in response to a petition received from the public at the August 12th meeting. Presently left -turn movements at this intersection are prohibited from both 22nd and Euclid Avenue. The attached "Notice of Public Hearing" was mailed to the property owners and residents in the area between I-805 and Euclid Avenue from 18th Street to 24th Street. Environmental Review X N/A Financial Statement N/A (SIAFF RECOMMENDATION Hold the hearing. } 4,-/f Acccwnt BOARD/COMMISSION RECOMMENDATION The Traffic Safety Committee apposed the street closure at the July 9, 1997 Traffic Safety Committee meeting. ATTACHMENTS (Listed Below) Resolution No 1. Attachment (1) - 2. Attachment (2) - 3. Attachment (3) - City Departments 4. Attachment (4) - A copy of "Notice A letter from Rev Staff Report dated Petitions of Public Hearing. . Magdalene A. La Roya August 12, 1997 along with responses from • .A-200 (Rev. 9/80/ City of National City Office of the City Engineer 1243 National City Blvd., National City, California 91950-4397 (619) 336-4380 September 5, 1997 NOTICE OF A PUBLIC HEARING FOR THE POSSIBLE CLOSING OF 22ND STREET AT EUCLID AVENUE, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA The City Council of the City of National City, California, is having a Public Hearing to investigate the possibility of closing 22nd Street at Euclid Avenue, in the City of National City, County of San Diego, State of California. The Public Hearing has been set for 6:00 p.m. September 23, 1997 in the City Council Chambers in the Civic Center in the City of National City, California. If you cannot attend the hearing, written communications can be delivered to the City Clerk's Office up to 5:00 p.m. on September 23, 1997. BURTON S. MYERS CITY ENGINEER NOSC , [FACH1111ENI ® Recycled Paper Rev. Magdalene A. LaRoya 2209 E. 22nd Street National City, CA 91950 City of National City Office of the City Engineer 1243 Naional City Blvd. National City, CA 91950-4397 Gentlemen: cITY N � F RA"0DAC oED CE��DTcl� September 15, 1997 Greetings to all of you! I have receved your notice almost a week ago, an your Pulic Hearing to investigate the closing of 22nd Street at Euclid Avenue, September 23, 1997. I ask your pardon for I am not able to attend the Public Hearing. My car broke down and I have difficulty for my transportation. Another reason, it is on the night of our holy service to our Living and True God with Jesus Christ our Lord and Saviour to do. I am in favor of the closing of the 22nd Street to stop traffic of wreckless drivers and curb the crime at night when they occur. Please grant me my excuse for my inconveniency in truth. May the Lord Who keeps the city look at you and hears you in every progress you will do to the citizen of the street of both sides of 22nd Street at Euclid Avenue. Sincerely Yours, Rev. Magdalene A. LaRoya ATTACHMENT (Z i) a MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT August 12, 1997 AGENDA ITEM NO. ITE' E Kr:SULU'1'IUN AU'1'HUKIGIJAw '1Hr: l III t,NliJNrrK '1'U '1'KMYUKARIL? ` 0j5 22ND STREET AT EUCLID AVENUE PREPARED BYCameron Berkuti EXPLANATION DEPARTMEN SEE ATTACHED Engineering Environmental Review X N/A Financial totem The following are costs for three alternatives: �. Luab�cpe 3 barricades: $6,000 2. Less Durable Type 3 b- ricades : $3,000 3. Tree boxes: $ 1,800 Cost of additional s $1,000 TAFF REGOMMENDATI Adopt the Reso u i closure. Account No e t t.e Staff on the type of temporary BOARD/COMMISSION RECOMMENDATION The Traffic Safety Committee opposed the street closure at the July 9, 1997 meeting. ATTACHMENTS (Listed Below) Resolution No 1. Resolution 4. Memo from Fire Chier 2. A memo from the Sr. Assist. City Attorney 5. Notice of Exemption 3. Location Diagram close A.::0 (Re.. 9/801 ATTACHMENT (3 a EXPLANATION: At the August 5, 1997 City Council meeting, the City Council directed the City Engineer to prepare a report on the temporarily closure of 22nd Street at Euclid Avenue. 22nd Street is a local residential street and the closure of the street will not severely impact the ability of police, fire, and ambulance services (additional estimated response time - 1 minute )to access the immediate and surrounding neighborhoods. Changes in the traffic flow will not create unacceptable traffic conditions, nor will the closure result in unreasonable liability exposure for the City (see the attached memo dated May 22, 1997 from the City's Sr. Assistant Attorney). It is recommended that the duration of the temporary closure not exceed one year. Permanent closure of the street would. require a public hearing, notification, and other requirements of the various Government Code. The temporary closure can be done through the installation of six tree boxes (36" in size) at an initial cost of $300.00 per each box. Other alternatives are to use a durable fixed type 3 wooden barricades with steel end posts at a cost of $6,000, or a less durable type 3 wooden barricade on breakaway posts at a cost of $3,000. There will be other associated costs of approximately $500 to $1,000 for the installation of warning signs (No left turns, No right turns, street closed, etc.) t,TTAC,HMENT (.3 EAf l E, 181H J E. 18TH ST. w w 0 a 20TH ST }a W53 22ND ST. LOCATION a /"ROAD CLOSE." ea�— WOODEN BA ®' TYPE "N" AN SIGNS ICADE R 17 R 1 6 = NO RIGHT TURN R17 = NO LEFT TURN W53 = NOT A THROUGH STREET E T 'A' CLOSUFS OF 22. I E J .t y cc: 1 r^', 7 'H UC .i if A VG NATIONAL IONAT C.'T 727 :41 TGIN='?.. T LET -AR 1 M1EN:l TS 96-24a 7/15/97 Art-111. l,T 3 �� TO: City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950 George H. Eiser, III • City Attorney ?v. (619) 336-4220 FAX (619) 336-4327 TDD (619) 336-1615 Da c17Y _ OF itni;aii{l„ i;ti ENG/N• -:HMG DEaT —"-1-7 ./Z1/7"1-,.,1,-.7.-:,/17-7. F7 'It Dino Serafini, Engineering DATE: May 22, 1997 FROM: Sr. Assistant City Attorney SUBJECT: Closure of 22nd Street at Euclid Avenue Regarding your May 20, 1997 memo, I am enclosing an earlier memo of August 20, 1991 which states the legal authority and requirements for closure of any particular intersection. Vehicle Code Section 21101(f) would allow the City to install islands, curbs, barriers or other roadway design features ° the General Planct inaress or ., or both, at the Theattached memo discusses provided such closure would the concepts applicable to General Plan consistency. As you indicated to me during our telephone conversation of the 21st, the issue is a sight - distance problem due to the crest of the roadway along Euclid Avenue (south bound) obstructing visibility just to the north of 22nd Street. Because this issue may be common to other city intersections, and closure (full or partial) may create a precedent that can eventually be either counter productive or promote inconsistency with the General Plan circulation elements, perhaps less restrictive measures should first be considered and eliminated as choices, unless the subject intersection is so dangerous as to warrant immediate action to protect the public health and safety. From your statistics, however, only one reported accident (non -fatal) has occurred at that intersection during the past three years. Therefore, no serious life and saferisk full apparent. I point this out only because to assert otherwise at this time, to justify closure, would be to put the City in an adverse risk management position litigation -wise, with respect to future accidents at that site should closure not be effected. ei Rec:c:cd Pacer ATTACHMENT (3J /9.4 Dino Serafini May 22, 1997 Page Two Some alternatives to consider that would possibly meet the objectives: 1. Restricting egress from 22nd Street to a right -turn (south bound) only; 2. Red curbing on Euclid (N.W. quadrant) to increase sight -distance; 3. Installing convex mirror(s) (stainless steel/graffiti proof and reinforced to prevent vandalism or removal) to allow over -the -crest sight distance for entering traffic from 22nd Street. Please feel free to contact me if you have any further questions. RH/gmo Enclosure NUDOLF HRADECKY Seriior Assistant City Attorney ATTACHMENT ( 3 "0 C7 to z V 0o 0 N 11 V1 U H 'I -I In In al al U nl 1) .1J .r I 3 al) 1c 1+ r-1 U c11 Us')-! 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JUNE 5, 1997 TO: FROM: --RANDY KIMELE, FIRE CHIEFl SUBJECT: .DING SERAFINI, ENGINEERING DEPARTMENT REQUEST TO CLOSE 22ND STREET AT EUCLID AVENUE In response -to your 05/20/97 memo, this closure will add approximately one (1) minute to the Fire Department response time from the Euclid Avenue Fire Station. Eased on the circumstances and the issue that is being addressed by the proposed closure, the Fire Deparsnent will support this street closure. RK:jw copy: NCFD file ATTACHMENT (3 Pi 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 Proiecf Titie- Proiect Location: of National City Contact Person Temporary closure of 22nd Street at Euclid Avenue East end of 22nd Street, just west of Euclid Avenue, within the City limits Steve Ray, Principal Planner Telephone Number. (619) 336-4310 Description of Nature. Purpose and Beneficiaries of Proiect: The proposal would divert automobile traffic from a local neighborhood street. No widening or other improvements would be needed to carry traffic redirected to other streets. Applicant: City ofNational City Phone: (619) 336-4310 Exempt Status: ❑ Statutory Exemption. State type and Section No. • Categorical Exemption. State type and Section No. (Class 1. Section 15301) ❑ Not a project as defined in Section 15378 of CEQA ❑ Not subject to CEQA (See. 15061b3) Reasons why nroiect is exempt: The project is covered by the Class 1 Categorical Exemption under CEQA, which includes minor alteration of existing streets, involving negligible or minimal expansion of use beyond that previously existing. The diversion of traffic will involve only minimal increase in traffic onto other existing streets. j Au0.ist 5. 1997 /(3 Sinature Date: t?etyc!Cd Pacer Title •�i1 _"12,1 Pg. �v Office o'` .Lie City Engineer 1243 National City Blvd., National City, California 91950-4397 (619) 336-4380 The City of National City Traffic Safety Committee is considering a prohibition on left turns at the intersection of 22nd Street and Euclid Avenue. The left turn prohibition was proposed as a safety measure to prevent collisions between cars making lefts turns to and from 22nd Street and those travelling straight on Euclid Avenue. This petition is being circulated under the direction of the Traffic Safety Committee in order to determine if the people in this neighborhood who use 22nd Street on a regular basis would be in favor of this measure. Any action or actions ultimately taken regarding this intersection would have to be approved by the City Council. I APPROVE THE PROHIBITION OF LEFT ii TURNS FROM 22ND STREET (Only right turns from 22nd Street, and both left and right turns Euclid Avenue will be allowed) /1t• si ture �1 a&) � . ors name pr(nte address Y'rb 5€Pc-.J- g date date nm primed �_r LC-^, i7 address ra- • /If C signature 4 date G a r t-, i name printed address vVO gnaturd date name printed JwLre L.Ur&JUL �ZGi1� 2213 Grave St. #3 , . z.., address ` signature date name printed Joseph c- Carina Cerrz: 2213 Grove Ct. * address GA 91950 I APPROVE THE PROHIBITION OF LEFT TURNS FROM BOTH 22ND STREET AND EUCLID AVE. Only right turns from both 22nd street and Euclid Avenue will be allowed. sionure FA W W., es si ; w . f Q-ZS=C1 date name' printed 2-L1.3 enr �<-f . / c . address signature date name printed address signature date name printed address signature date name printed address 7 signature date name panted address ATTACHMENT (4 ) I HAVE READ THE STAFFS RECOMENDATION CONCERNING THE SAFETY AT THE EUCLID AND 22 ND INTERSECTION. I THINK THIS IS A LOW COST SOLUTION FOR MOST OF THE TRAFFIC THAT UTILIZES THIS TURN. HOWEVER THIS IS A SCHOOL ZONE AND THERE ARE BUSES THAT TURN HERE AS WELL. HAS STAFF LOOKED INTO SCHOOL BUSES AND THEIR DIFFICULTY WHEN THEY TURN AT THIS INTERSECTION AND IS THEIR ACCIDENT RATIO A PART OF THIS EVALUATION? IAM IN FAVOR OF THE IMPROVING OF VISIBILITY BY THE ADDITIONAL RED CURBAGE AT 2126 AND 2132 EUCLID. THIS IS AN IMPORTANT PART OF THE RECOMENDATION. I BELIEVE AN ADDED MEASURE OF TWO no parking BLOCK LETTERS BE ADDED ON TOP OF THE RED PAINT. AT NIGHT THIS WOULD HELP THE POLICE MOVE THESE ILLEGALLY PARKED CARS MORE EXPEDIENTLY WHILE KEEPING THE TURNING HERE AS SAFE AS IT CAN BE. ADDING AN ADDITIONAL STREET LIGHT AT THE LOWER POLE ON 22ND STREET WOULD ALLOW BETTER VISIBILITY FOR BOTH NORTH AND SOUTHBOUND TRAFFIC ON EUCLID AVENUE. THIS LIGHT WOULD ALSO KEEP THE AREA LIT WHERE ALOT OF CRIME HAS BEEN REPORTED TO THE COUNCIL INCLUDING THE ADJACENT WALL WHICH CONTINUALLY RECIEVES GRAFFITY AND SUBSEQUENT REPAINTING BY THE CITY. HAVING THE OWNERS AT EUCLID AND 22ND STREET CUT BACK THE TREE AT THAT CORNER WOULD ALSO HELP NORTHBOUND EUCLID TRAFFIC SEE CARS TURNING LEFT ONTO EUCLID AVENUE. AT TIMES THIS BUSH HAS BEEN SO OVERGROWN AS TO COVER THE STOP SIGN. THESE ADDITIONAL MEASURES TO ME WOULD MAKE THIS A GOOD PACKAGE FOR SAFETY HERE. ITS BEEN TWO YEARS AND THE INTERSECTION SIGN APPROVED BY THIS COMMITEE STILL HAS NOT BEEN CHANGED. LASTLY I ASK THIS COMMITEE TO ENACT THESE MEASURES IN A TIMELY MANNER. rt GHM.. T (4 ) �p�•L 41- 3OTI-1 LEFT T PROHIBITED J�NS I� 41- 7 \I D S T . a. I_ 1-- ET TU EEC M 22 S D D ST ID OI-IIQITI-D BEET ON _Y J AM IN SUPPORT OF RFD CURBS ON CORNERS OF 22ND AND EUCLID AVENUES TO IMPROVE VISIBILITY. I AM ALSO IN FAVOR OF 2 ADDITIONAL, STREET LIGHTS AT THE INTER- SECTTON OF 22ND AND EUCLID AVENUES. Additional lighting and red curbs would provide better visibility both day and night. signature date C. Cc)•7i name printed Zzf address , 'A-/; p; /71-..71, //3 5// 5`G 7I rS -7(e--5 signature y� 7 date name printed _ /(i/ C ) ? ti� S //t2 7 address / Gz signature date name printed address /v P i yled O ��et 1 signature dai name printed Z7 )'3 C yOV c.:D-1- .- — (\)C/ address �Jh ��' d�I��7 nature) date name printed address losepk & Carina Cecelia 2213 grove Ct # q National City, CA 91950 I APPROVE THE BI OCKAGE OF 22ND STREET AT FUCI.ID AVFNUF, S'RFATING A CUT, DE SAC. No turns would he permitted to or from 22nd street and Euclid Avenue. -, %//%%4//4",, /� signature date (azure /, /? r) ...i27 name printed 2 cam, ? address 7-3 / !, � r 2/96 G signature date cS'S�rr7) name printed 7 /Ce address ,4' ,C �tf signature date name printed address pc, be.1-a signature date name printed 2 Z 1'3 (-7 ye -ye address signature date name printed address U T ACHE r 7 J AM IN SUPPORT OF RFD CIURI;C ON ('ORNFRS OF 22ND AND FUC'I II) ,AvFNIJFTO IMPROVE VI'IIIII.ITY. I AM AI.SO IN FAVOR OF 2 ADDITIONAL CiRFRI LIC,HTc AT THE 1NTFR• SECTION OF 22ND AND FUC'I TO VFNIiFS. Additional lighting and red curbs would provide better visibility both day and night. siq ature K1OntACG�`� name rinte 4-4- Zre. s address ilvture name printed a2a� mspAsl addr ss NC.. v) d to /a/z} date signture L nam printed address signature, nar r4 e� �7 address 6JS date s1' aCzzydate J /sff ("t Sf7Z'e, signature date name panted adcress L APPROVF THE ITT °CRAM." OF 22ND STREET AT FI!('l ID AV'NI'F C'RE:ATINCI A CUL DE SAC. No turns would he permitted to or from 22nd street and Euc!id Avenue. n-turjj , L.iNDA date name printed N G. z.�3— taa�� St:, address /271 signatu e name onnted �.G 3 f z Z33S7 date address • siena ure —7 car \NI V name Zprinted prapp-+ �• N.C- - - address — cc.c sic Lure name punted /Y C address '7]7 date /°/?...) signer e date narnfrint4 p aceress L AM TN STIPPORT OF RFD CIURi3S ON roRNFRS OF 21N'D AND FU('I.ID AVENHFS TO 1ti1PRn\F Vi`;II3Il fT1' 1 ANI AI `O IN FAVOR OF 2 ADDETIOv'.il .STRFFT I IGHTS AT THE INTER- ,SFC'TION OF 22ND AND EUCLID AVFNTIFS. Additional lighting and red curbs would provide better visibility both day and night. < 6ii_c"takitz.) /4/2,3 da;e name printed � � pro, pe.c7 address signature g Arfe si natur l �` $ (/t name printed addr ss /VI /rtf //2S/%yt s re ate(( SCrJTA M A911'- 7_ name printed 222—' 2 .z7s ; ST . N-C address � w M971 C. /a—z�—? sjnature date name pnnted zzzz/L address 0 t--CSfe c4 •\ s n ore name�P^nnte?q Q /� address 420. date L APPROVE TI.EF BI OCK AGE OF 22ND CTRFFT AT Furl II? AVFNtiE CRFATIN(; A ('UI DE SAC. No turns would he permitted to or from 22nd street and Euclid Avenue. name printed ;Z2 /-0 pro Sp'eCt address siaturec)Lvy A cr3od e sign : re dat pnnte addres /1' - 2 c -ter s'd torture U , Sam / A Al A47 71 c z name printed 2 z-ZZPe(D PK-r SI - addres date C• l�f--zs -1-‘ ,4/ date AAPZA- c name printed 2 Z 71 IA_ address, /4, name prir}jd A— S4 /0 Zs -56 z DDeC7 acdress r date I AM TN CTrPPnRT OF RED CI'RI;: ON S'ORNFRS OF 22ND AND FU('I IT) AvFNIIFC TO 'IMPROVE VI,;IItII !TY. I AM ALCO IN FAvOR OF 3 ADDITION.\I STREET I IC;HTS AT THE IN'TFR- SECTION OF 22NE) AND FUCI ID AVENUES. Additional lighting and red curbs would provide bettor visibility both day and night. i natur as date 2r1ted �-?i2�D address siature date 'name printed �Zd�I - address S- zaws slam ' s re 4 � n t re ) date 6. nawe p�t� D `77 address signature dat name printed A/C- �i�� z2 / u 6-Z��-- address address e FT6 date 1 APPROVE THE I?! OCK AGE OF 22ND c;"I'REFT AT FI'CIID-vvENUF CREATING A CUt DE. SAC. No turns would he permitted to or I 22nd street and Euclid Avenue. x�,gnnaatur� \€ - name nnted address signature to -is date ID-Zs-10 date name rimed address satu 1 .e name / t4.z4k1d5.---L• addressdate 1 sig atur� name d printed .t/e address b/24126 date • C• s,anature 641-e / 22- $ .4" date name 7dzi)`I 2 address iJi Pl • 7 I AM IN SUPPORT nF RFD CURBS ON CORNERS OF 22ND AND FIUCIID AVF'NUFS TO IMPROVE I'I'Y. AM ALSO IN FAVOR OF 2 ADDITION\! STREET LIGHTS AT THE INTER• SECTION OF 22ND AND FUG' ID AVFNUES. Additional lighting and red curbs would provide better visibility both day and night. (147/,/, Z7, i/e- signature date name printed 9osepn a Lonna Lecerur. 2213 Grove St. *3 ad s T(atsorurl Czsp, i L:�t 91y�t) /� �--� 3 -c -C2 snatur date n- e pri_nred -vf 0 C FYI -i tea L address / signature date name printed address • signature date name printed o -7 £ram. S - address c,�gu r.Z C • G1.�--i'i �/1 3 - UJ -(77 signature ate e C - A/C4�;l� name pnn(ed 2?I`1 Cr/-eve. S-F address I APPROVE THE RI OCKAGF OF 22ND STREET AT FUC•I ID AVENUE CREATING A CI;L DE SAC, No turns would he permitted to or from 22nd street and Euclid Avenue. signature date name printed addr ss 3 7 signature date ZZ v o.$'T-h4I % name, rinted i9 l ( / L Ctf )Z address signature date name printed adores sign ture ate name printed 6C.-- address .t ,..„ 3 - •7 signs urrt e t'n r' name printed Z 3 iq 6-/-c7 5� address Cate j AM IN SUPPORT OF RFD C'i(RIIS ON C'ORNFRS OF 22ND AND FiUCI ID AVF.NI!FS TO Iv1PROv'F VI<ITUL!Ty . I AM ALSO IN FAVOR OF 2 ADDI'I'IO''V! STRFFP LIGHTS TIiF INTFR- SEf'TION OF 22ND AND FUUC'I ID AVFNUFS. Additional lighting and red curbs would provide better visibility both day and night. signature ' ,W41 n`vrime; ' address signs etr name printed 2ZQq 2k a 1' name printed ;-t'I'Pra5� address signature name arinted address / / signature date N.r /D-26 -9b date date T7E �o>u NC date ci te5L) date name printed �Zyi N:=. address,, I APPROVE THE I3IOC'KAGE OF 22ND STRFFT AT FT 'CI ID AVFNT 'F CRFATING A C'I'i. DE SA(' No (urns would he permitted to or from 22nd street and Euclid Avenue. date nar ! rin e address /0-26 -94 signuru�� date n Z2OG/ ted st/J address d1ate sa m e=_ems; 10 name pant d address (1 c `-\c q Z L signature date name printed address signature date name printed address MT ACH ENT ( ) Pg•9 I Ant IN SUPPORT OF RFD CVRI3S ON CORNERS OF 22ND AND Fun In AVFNIIFS TO IV1PROVF 1'NCII!II ITT. I Arvl At SC) IN FAVOR OF 2 ADDITION-1f STRFt-'T LICHTS AT THE INTER- SECTION OF 22ND AND EUCLID AVENUES, Additional lighting and red curbs would provide better visibility boy and night. r tur!,40 ` /1 Tyre date rinted p„ address / t(-C- G't(\ Z 9 -27 signatur&L)L7/. date name print � — / c ,� — address signatures} name printed date address signature name printed date address f�/�illi� C�r�Cl signat�e name panted date address I APPROVF THE I31.00KAGF, OF 22ND sTRFFT AT Furl, In AVFNt'F ('RFATINC; A CU! DE SAC. No turns would he permitted to or from 22nd street and Euclid Avenue. nAin_e_erilsed - 0 n UL4 , 0,0 3 9 7 signature ' / dat address • %. s/1 address name pr Slli/1�2 f Zi(•- c' signature name panted date address signature date 2— 6" t' c/" name printed address signature date name printed • address I Av1 TN SUPPORT OF RFD CTTRItS ON rORNERS OF 22ND AND FIUCT ID AVENI1FS TO I\IPROVE VISTfIlt ITY. I. ANT Al SO IN FAVOR OF 2 ADDTTl)y Vl STREET LIGHTS AT THE INTER- SECTION OF 22ND AND FUCI ID AVENUES. Additional lighting and red curbs would provide better visibility both day and night. ssA ature .17 date nameprinted o G'H s/ IV -(- 9' s address signature date name printed address signature I APPROVE THE I3I OCKAGF OF 22ND ;-ITRFFT AT Flirt ID AVENUE, CREATING A CENT DE SAC, No turns tivould he penni ted to or from 22nd street and Euclid Avenue. signature date FL: tJ(Al 7:4-646•.9i name 3 )r3ted6 20 Uri gr • NN'' . C address signature date name printed address date signature name printed address signature date name printed address signature name printed address date signature date name printed address date signature name printed address date name printed acdress ATTACH M ENT ( d) PD `II 22ND S(. ----41••••••=1) LL Fi L1 I RED CURBING ON CORNERS OF 22ND AND EUCLID (BOTH SIDES) LU u I1J ERECTING BARRIER PLANTERS AND SIGNS CLOSING 22ND ST TO EUCLID. • co INTERSTATE MAT W cc tcn — 9 Sag .._..mlnonsi. /eC! /eo9 /62f /6tr /631 94.1 /905 /9/3 /9/9 /927 /931 20th 20/5 . . 2721 - 1784. 1 ACf Peke a 2/21 2/.S7 2 /37 : 22nd CITY • MiniMPOMOROMMOir 22QT r / o 1I— 11 In Il /.+23 /627 /647 /905 /an /023 1927 /919 1939 • NO 440 9/0 /916 /922 1950 STREET 5. .J. :N :31 N N '20/3 •M* - -� eAI s a -N27r- UT Z033 2041 imrsr� MAP 3'' _...—'� 2/06 2/27 L'V 2227 a 274rs 9 K2 ii 2024� 2030• 117 1 hp 6c 2/04 • 2110 2//6 : 126 STREET 2202, 22 4 22D6# 2202 z �222J T.!29 {I a 2221)G 2221:G 2235 fi 22f* 2211 2233 }•�.f f MAP 22_' / 2247 2243 2243 U W CL 2327 0 • 221/ 2220 2226 • 2230 48 2232 2234 o•, 2257 I!24/ 2241 • • STREET eouNo.ueV STREETVACATE� :s N G Rilr4F7 KA A. 1-- REVISIONS 1 ---- —r-- E!r 1 0.11E Ilea Pi • ;c? C " of National City, California COUNCII AGENDA STATEMENT August 5, 1997 MEETING DATE AGENDA ITEM NO • - - - )P TEE CITY ONAL CITY T LE ENGINEER TO DIRECT THE INSTALLATION OF SIGNS AND/OR TRAFFIC CONTROL DEVICES FOR THE PURPOSE OF PROHIBITING LEFT TURNS FROM 22ND STREET TO EUCLID AVENUE PREPARED 87 DINO SERAFINI EXPLANATION DEPARTMENT ENGINEERING SEE ATTACHED EXPLANATION Environmental Review X N /J4 Financial Statement N/A GAFF RECOMMENDATION , Adopt the Resolute BOARD/COMMISSION RECOMMENDATION The Traffic Safety Committee recommended the left -turn prohibition at 22nd Street and Euclid Avenue at its July 9, 1997 meeting. \ ).� Account No I/ ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Location Exhibit l 3 Responses from City Departments Petitions 22nd A•ac ./?C1 J ATTACHIldENT L s RE: A RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO DIRECT THE INSTALLATION OF SIGNS AND/OR CONTROL DEVICES FOR THE PURPOSE OF PROHIBITING LEFT -TURNS FROM 22ND STREET TO EUCLID AVENUE EXPLANATION The most recent discussion regarding the intersection of 22nd Street and Euclid Avenue began at the September 11, 1996 Traffic Safety Committee meeting. Mr. Ivan Bodge, 2210 E. 22nd Street, presented a list of five recommendations to the Traffic Safety Committee to address a sight distance problem at the intersection: 1. Closing 22nd Street with a landscaped island. 2. Installing a 3-way traffic signal. 3. Installation of red curb at the northwest corner (Euclid Avenue side) . 4. Improved street lighting and advance warning signs for the intersection. 5. Prohibit left -turns from 22nd Street. The Engineering Department's recommendation to the Traffic Safety Committee at the September, 1996 meeting was to modify the existing flashing beacon north of the intersection to serve as an advance warning device. The Committee responded to these recommendations by suggesting to Mr. Bodge that he circulate a petition among the residents of the area affected. The petition was intended to indicate the level of support that a left -turn prohibition would have within this area. In April of this year, Mr. Bodge submitted a petition that included 32 signatures representing 22 separate addresses in support of the total closure of 22nd Street. A separate petition was submitted that listed six signatures in favor of the left -turn prohibition (both petitions are attached). At the May Traffic Safety Committee meeting, the Engineering Department recommended that the proposal to close or prohibit left -turns should be circulated to the City departments and other interested parties before a recommendation was made to the City Council. This item was brought back to the Committee on July 9th. The responses received to date are attached to this report. The only objections to the street closure itself were raised by the City Attorney's office and the Public Works Department. The Planning Department advised that the General Plan does provide for street closures, however public input should be obtained before determining such improvements. At the July meeting the Committee also received opposing testimony from one resident. The Engineering Department reported that four collisions involving left - turning vehicles have occurred at this intersection since Euclid Avenue was widened to four lanes, the most recent collision occurred on November 30, 1993. The Traffic Safety Committee voted to recommend that left -turns be prohibited from 22nd Street to Euclid Avenue. One method to make sure that left turns are prohibited is to install a raised traffic island, however, prior to installing a raised traffic island, semi permanent methods should be tried, such as signing and striping. TTAC P�- z City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 23, 1997 AGENDA ITEM NO. 2 ITEM TITLE RESOLUTION CONFIRMING WILLIAM "BUD" POCKLINGTON TO VOTE IN THE ABSENCE OF THE CITY'S REPRESENTATIVE TO THE SAN DIEGO CDUNTY WATER AUTHORITY PREPARED BY EXPLANATION George H. Eiser, III DEPARTMENT City Attorney At the September 16 City Council meeting, the Council determined to appoint W.D. "Bud" Pocklington, the Sweetwater Authority representative to the County Water Authority, as the City's alternate representative to the Authority. This resolution would confirm the City Council's action. Environmental Review x N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt resolution. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Proposed Resolution Resolution No. 9 7-12 2 A-200 (Rev. 9/201 RESOLUTION NO. 97-122 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING W.D. "BUD" POCKLINGTON TO VOTE IN nu ABSENCE OF THE: CITY'S REPRESENTATIVE TO THE SAN DIEGO COUNTY WATER AUTHORITY WHEREAS, Section 6(g) of the County Water Authority Act (Chapter 545 of the Statutes of 1943, Chapter 45 Water Code -Appendix) provides that a member agency's representative to the San Diego County Water Authority may designate another member of the Board of Directors of the Water Authority to vote in the absence of such representative, provided the designee is confirmed by the governing body of the member agency; and WHEREAS, Frank Chenelle has designated W.D. "Bud" Pocklington; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: Section 1. That Bud Pocklington is hereby confirmed and authorized to vote for the City of National City representative to the San Diego County Water Authority when he is absent from a meeting of the Authority. Section 2. That the City Clerk is directed to file a certified copy of this Resolution with the Board Secretary of the San Diego County Water Authority. PASSED and ADOPTED this 23rd day of September, 1997. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney PREPARED BY EXPLANATION City of National City, California COUNCIL AGENDA STATEMENT September 23, 1997 MEETING DATE AGENDA ITEM NO 3 ITEM TITLE RESOLUTION AUTHORIZING THE CHIEF OF POLICE TO ACCEPT THE DONATION OF AN UNDERCOVER VEHICLE FROM ALLSTATE INSURANCE COMPANY Skip DiCerchio Chief of Police DEPARTMENT Police During the 1996-1997 budget process, the Mayor and City Council approved the addition of two police officers to be assigned to the Narcotic Task Force and the Regional Auto Theft Task Force. During that process, vehicles for use in those assignments were not addressed. Tony McCune, of McCune Motors, has graciously donated one vehicle for use of one position. Allstate Insurance Company has agreed to donate a second vehicle. The vehicles will be maintained by the City of National City and be permanently incorporated into the Police Department's detective fleet. Both vehicles have been inspected and approved by Public Works and will be rotated subject to the guidelines of the City's Vehicle CIP Committee. During the duration of the life of the vehicle it will be co -registered to the City and Allstate Insurance Company. At the termination of the life of the vehicle, it will be returned to Allstate. X Environmental Review N/A Financial Statement Presently there are no funds in the City's CIP Vehicle budget to provide for these vehicles. Maintenance and gasoline must be provided for the vehicles by the Public Works Division as with all police department vehicles. The vehicles will be part of the Police Department's detective fleet and will be rotated in accordance with current policy. Account No. STAFF RECOMMENDATION Adopt the Resolution and direct the Chief of Police, with the assistance of Public Works, to secure ownership of the vehicles. BOARD/COMMISSION RECOMMENDATION Approve Resolution ATTACHMENTS (Listed Below) Resolution No 97-123 Contract Agreement between National City Police Department and Allstate - Southern California Regional Office A-200 (Rev. 9/80) RESOLUTION NO. 97-123 RESOLUTION OF THE CITY COUNCIL OF 'n-IE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A CONTRACT WITH ALLSTATE INSURANCE COMPANY FOR THE USE OF AN UNDERCOVER VEHICLE WHEREAS, during the budget process, the Mayor and City Council approved the addition of two police officers to be assigned to the Narcotic Task Force and the Regional Auto Theft Task Force; and _ WHEREAS, Allstate Insurance Company has agreed to provide a vehicle which will be maintained by the City of National City and be incorporated into the Police Department's detective fleet, during the life of the vehicle. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Chief of Police to execute a contract with Allstate Insurance Company for the use of an undercover vehicle. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 23rd day of September, 1997. George H. Waters, Mayor A 11'EST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: /Th. George H. Eiser, III City Attorney CONTRACT AGREEMENT POLICE DEPARTMENT VEHICLE USE This CONTRACT is entered into in the State of California by and between the City of National City, hereafter called CITY, and Allstate Insurance Company, hereafter called ALLSTATE. IT IS HEREBY AGREED AS FOLLOWS: WHEREAS, the National City Police Department, who engages in certain covert operations that investigate vehicle theft violations and other crimes; and WHEREAS, the CITY is desirous of obtaining the use of a vehicle at no cost to CITY, for conducting these investigations; and WHEREAS, ALLSTATE is willing to make .available to the CITY a vehicle for the purpose of conducting these investigations. WHEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all of the terms and conditions hereof, the parties hereto do hereby agree as follows: 1. Vehicles. ALLSTATE agrees to provide for -the exclusive use of the National City Police Department, while involved in covert operations, a 1995 Chevrolet C-10 Pickup truck, VIN # 2GCECI9K6S 1181460. a. The vehicle, as further described on that certain document marked "Confidential" and signed by ALLSTATE and the National City Police Department and maintained in the confidential files of the Police Department. Contract Agreement Page 2 Date 2. Insurance: All vehicle insurance shall be the responsibility of the CITY, which is self insured and as such shall be at the sole expense of the CITY. In the event that such vehicle is damaged beyond repair, the actual cash value will be determined by an outside marketing survey conducted by a certified collateral corporation and national data service. 3. Maintenance: All vehicle maintenance shall be the responsibility of the CITY and under CITY direction at the sole expense of the CITY. 4. Taxes. Fees, and Other Permits: The CITY shall obtain all permits, fees, taxes, licenses and registrations imposed in connection with the use and operation of the vehicle which is required by the State of California. ALLSTATE shall assume responsibility for ensuring that the vehicle be inspected or otherwise tested in accordance with the laws of the State of California. 5. Risk of Loss: The CITY shall assume all risks of loss with respect to the vehicle: a. From the time it is delivered by ALLSTATE to the CITY and upon inspection and acceptance by the CITY. b. Until the vehicle is returned to .AT I] -STA1 E at its local district office. Upon inspection/acceptance, the CITY shall be responsible for any and all damages to the equipment except those damages caused by negligence in the original factory design, manufacture, or assembly of said vehicle. In the event of damage to the vehicle, the CITY shall notify ALLSTATE to the effect and follow such instructions as ALLSTAI'h may provide with respect to repair or disposal of the vehicle. The CITY shall be responsible for payment of any repairs to the extent not covered by insurance. If the vehicle is lost,stolen, destroyed, or declared a total Contract Agreement Page 3 Date constructive loss, the CITY shall promptly notify ALLSTATE thereof and hold any wreckage for disposal by ALLSTATE with respect to any lost, stolen or destroyed vehicle. 6. Force Majeure or No Consequential Damages: ALLSTATE shall not be liable for any failure in performing any provision hereto due to fire or other casualty, labor difficulty, governmental restrictions, or any cause beyond ALLSTATE's control. IN NO EVENT SHALL ALLSTATE BE LIABLE FOR ANY LOSS OF PROF11 S, OTHER CONSEQUENTIAL DAMAGES, OR INCONVENIENCE DUE TO ANY THEFT, DAMAGE, DELAY OR FAILURE OF DELIVERY, OR DEFECT OR FAILURE OF THE VEHICLE, OR THE TIME CONSUMED IN RECOVERING, REPAIRING, SERVICING, OR REPLACING THE SAME. _ 7. Terms and Termination: The term of tine Agreement shall remain in full force and effect until terminated as proved herein. Either party hereto may terminate this Agreement upon thirty (30) days prior written notice to the other. 8. Notices: Notices pursuant to this Agreement shall be by personal delivery or by deposit in the United States Postal Service, postage prepaid, andaddressed as follows: ALLSTATE - SOUTHERN CALIFORNIA REGIONAL OF U ICE P.O. Box 1800, Corona, Califomia.91718 Attention: Frank Miller, Regional Vice President (or designee) CITY OF NATIONAL CITY - POLICE DEPARTMENT 1200 A Street, National City, CA 91950 Attention: Anthony DiCerchio, Chief (or designee) Contract Agreement Page 4 Date ALLSTATE INSURANCE COMPANY NATIONAL CITY POLICE DEPARTMENT By: By: Title: Title: Date: Date: City of National City, California COUNCIL AGENDA STATEMENT September 23, 1997 MEETING DATE AGENDA ITEM NO 4 ITEI i] NG A CONTRACT TO SOUTHLAND CAR COUNTERS FOR FY 1997-98 TRAFFIC DATA COLLECTION SERVICES PREPARED BY Dino Serafini DEPARTMENT Engineering EXPLANATION. SEE ATTACHED J Environmental Review X N/A FinQ ncial Stat me Funds are available in the Traffic Monitoring System Auc c�uiil i O. 109-409-500-598-6557. Account No. ,STAFF RECOMMENDATION Approve the Resolution. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Resolution. 2. Agreement for Contractor Services Resolution No. 9 7-124 traf A•200 (Rev. 9/80) Traffic Data Collection Services September 23, 1997 On July 25, 1997 the Engineering Department issued a Request for Proposals to traffic data collection firms to provide such services during FY 1997-98. The data to be collected includes the speed surveys and 24 Hr. volumes required to validate and support the speed radar enforcement program. In addition, the contractor will collect monthly and quarterly 7-day traffic counts at 10 master locations around the City. We also requested a list of costs to perform typical traffic and pedestrian counting services on an on -call basis throughout the year. Exhibit "A" of the contract agreement describes the scope of work. Three firms submitted proposals to perform the data collection. These firms, along with a partial listing of their quoted unit prices, and the total cost for providing the "fixed" services (the speed and volume surveys and the master station counts) are: Speed Surveys 24hr.Vol. 7-day Vol. Fixed work total Valley Research and Planning Assoc. $36.35/hr $90/loc. $273/loc. $56,356 9683 Tierra Grande St., Suite 205 San Diego, CA. Southland Car Counters $25/hr. $41/loc. $189/loc. $27,688 1411 Batavia, Suite 207 Orange, CA. Traffic Data Services Southwest $40/hr. $83/loc. $400/loc. $53,771 9534 Wintergardens Blvd. Suite D Lakeside, CA The total fixed work cost is based on: approximately 200 one-way speed survey segments, 130 24-hr. two- way volume count locations and 72 individual 7-day master station counts. The Engineering Department considered not only the total cost of the fixed work, but also compared the unit costs of the on -call services provided by these firms, the firms' qualifications, their responsiveness and experience conducting traffic data collection for public agencies. Based on these factors, it is recommended that Southland Car Counters be awarded the contract for FY 1997-98 Traffic Data Collection Services. TRAFFIC RESOLUTION NO. 97-124 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING AN AGREEMENT TO SOUTHLAND CAR COUNTERS FOR FISCAL YEAR 1997-98 TRAFFIC DATA COLLECTION SERVICES WHEREAS, a selection panel of the Engineering Department interviewed the three firms which responded to the Request for Proposals for traffic data collection services during FY 1997-98; and WHEREAS, it was the consensus of the Engineering Department's selection panel that Southland Car Counters would best satisfy the City's requirements for this project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards an agreement for professional engineering services for FY 1997-98 Traffic Data Collection Services to Southland Car Counters. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute, on behalf of the City, an agreement between Southland Car Counters and the City of National City for professional engineering services for FY 1997-98 Traffic Data Collection Services. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 23rd day of September, 1997. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: v J-4 George H. Eiser, III City Attorney George H. Waters, Mayor AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SOUTHLAND CAR COUNTERS THIS AGREEMENT is entered into this 16th day of September, 1997, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Southland Car Counters the ("CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide speed surveys and volume studies on designated streets and on -call Traffic data collection services. WHEREAS, the CITY has determined that the CONTRACTOR is is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. FOLLOWS: NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to 1 perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all professional services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A" (Description of Work to be Done by the Contractor). THE CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" (Description of Work to be Done by the Contractor) to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction in services. 3. Project Coordination and Supervision. Dino Serafini hereby is designated as the Project Coordinator for the 2 CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Stephen Souter is hereby designated as the Project Director for the CONTRACTOR. The CONTRACTOR will utilize the services of the following subcontractors during the course of this study: None 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" (Description of Wor-_ to be Done by the Contractor) shall not exceed the schedule given in Exhibit "B" (Schedule of Compensation) without prior written authorization from the City Engineer. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with the Exhibit "A" (Description of Work to be Done by the Contractor) as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other 3 evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. Final payment of fees shall be made upon delivery of approved final plans, specifications, estimates, and other documents and permits to the City. 5. PERFORMANCE SCHEDULE. Both CONTRACTOR and the CITY recognize that time is of the essence in the completion of this work and the following schedule is dependent upon timely actions by the CONTRACTOR and the CITY. Accordingly, the CONTRACTOR shall complete all of the work outlined in Exhibit "A" (Description of Work to be Done by the Contractor) and described in this Agreement in accordance with the EXHIBIT "C" (Schedule of Completion). Upon approval of the Contract by the City Council, the CITY will issue a Notice -to Proceed. The CONTRACTOR shall begin work within seven (7) calendar days thereafter. The CONTRACTOR may request an extension of time for unavoidable delays beyond the CONTRACTOR's control or reasonable expectations. 4 6. DISPOSITION OF PLANS, SPECIFICATIONS AND RECORDS. The Retention, Drawings, Tracings, Maps, Plans, Specifications and other documents, notes, sketches, charts, computations and other data prepared or obtained by the CONTRACTOR for this Project shall become the property of the CITY for use solely with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, contemplated by this Agreement. The CONTRACTOR shall maintain adequate records to permit inspection audit of CONTRACTOR's time -and -material charges under this agreement. CONTRACTOR shall make such records available to the CITY and to the other public agencies responsible for approval, funding or auditing the project, during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records and they will be available only to the CITY or the public agencies involved with approval, funding or auditing functions. Such records shall be maintained by the CONTRACTOR for three (3) years following completion of the work under this agreement. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. The CONTRACTOR is not an employee of the CITY and is not entitled to any of the rights, benefits, or 5 privileges of the CITY's employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be subcontracted, assigned or transferred except as otherwise provided for in this Agreement without the prior written consent of the CITY. All subcontracts exceeding $25,000 in costs shall contain all required provisions of the prime contract. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent 6 contractors and that the CONTRACTOR'S obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all State and Federal statutes and regulations, and all ordinances, rules and regulations of the City of National City enforced at the time services are rendered. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775. The CONTRACTOR, and its subcontractors, shall obtain a current City of National City business license prior to performing any work within the City. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. The CONTRACTOR, in performing any 7 services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. 12. EOUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take affirmative action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information 8 to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (I) has been disclosed in publicly available sources of information, (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by only to the extent that the use or disclose thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 9 herein, 14. TERMINATION AND DISPUTES. The CITY may terminate this Agreement at any time by giving written notice of same and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. The CONTRACTOR may terminate this Agreement, with the mutual consent of the CITY, at any time by giving written notice of same and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. If this Agreement is terminated by the City as provided the CONTRACTOR shall be paid for all effort and material expended on behalf of the CITY under the terms of this Agreement, up to the effective date of termination. In the event of litigation over the performance of this Agreement, the prevailing party shall be entitle to attorney fees and costs incurred during the course of litigation. If, through any cause, the CONTRACTOR shall fail to fulfill in a timely and proper manner his obligations under this Agreement, or if the CONTRACTOR shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, 10 models, photographs and reports prepared by the CONTRACTOR under this Agreement shall, at the option of the City, become its property and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the City for damages sustained by the CITY by Virtue of any breach of the Agreement by the CONTRACTOR, and the CITY may withhold any payments to the CONTRACTOR for the purpose of set-off until such time as the exact amount of damages due the City from the CONTRACTOR is determined. 15. DISADVANTAGED BUSINESS ENTERPRISE CONSIDERATIONS. The CONTRACTOR must give consideration to DBE Firms as specified in 23 CFR 172.5(e). 16. HOLD HARMLESS. The CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and ail claims, demands, suits, actions, proceedings, costs or attorney's fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's performance of 11 this Agreement. 17. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Divisions 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceeding and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this agreement. 18. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain throughout the term of this agreement a. Automobile insurance covering all bodily injury and property incurred during the performance of this Agreement, with a minimum coverage of $500,000 combined single limit per accident. Such automobile insurance shall include non -owned 12 vehicles. b. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. c. Workers' compensation insurance covering all of its employees and volunteers. d. The aforesaid policies shall constitute primary insurance as to CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. e. Said policies, except for the professional liability and workers' compensation policies, shall name city and its officers, agents and employees as additional insured. f. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the City's Risk Manager. If the CONTRACTOR does not keep all of such 13 g• insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. h. Should any such insurance have an aggregate limit, such limit shall either apply solely to this agreement or it shall be at least double the per occurrence requirement specified in this agreement. 19. OTHER CONSIDERATION. Nothing contained herein shall prevent the CONTRACTOR from carrying on its usual business, including the performance of other additional services for the CITY, should the CITY desire additional services, nor from performing similar services for other agencies, cities, districts, or public of private entities. 20. COVENANTS AGAINST CONTINGENT FEES. The CONTRACTOR warrants that he/she has not employed or retained any company or 14 person, other than a bonafide employee working for the CONTRACTOR, to solicit or secure this agreement, and that he/she has not paid or agreed to pay any company or person, other than a bonafide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or formation of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or at its discretion to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission percentage, brokerage fee, gift, or contingent fee." 21. GOVERNMENT CODE SECTION 7550. The CONTRACTOR shall comply with the requirements of Government Code, Section 7550, with respect to the required notice on any documents or written reports prepared, as follows: a. Any document or written report prepared for or under the direction of a State or Local Agency, which is prepared in whole or in part by non -employees of such Agency, shall contain the numbers and dollar amounts of all contracts and subcontractors relating to the preparation of such document or written report, provided, however, that the total cost for work performed by non - employees of the agency exceeds five thousand dollars ($5,000). The contract and subcontract numbers and dollars amounts shall be 15 contained in a separate section of such document or written report. b. When multiple documents or written reports are the subject of product of the contract, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or written reports. 22. PATENT RIGHTS. The patents rights provisions in Title 41 CAR 1-9.1. are the governing regulations. 23. COPYRIGHT. Copyrighting is not allowed. 24. CONTENT. This Agreement sets forth the entire understanding of the parties with respect to the subject matters herein. There are no other understandings, terms or other agreement expressed or implied, oral or written, except as set forth herein. 25. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out - of -court settlement, shall be entitled to have and recover of and 16 from the other party all costs and expenses of suit, including actual attorney's fees. 26. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association the ("AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of , or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 27. NOTICES. All notices or other communications 17 required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (I) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail five (5) (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Tom G. McCabe City Manager City of National City 1243 National City Boulevard National City, CA 91950 18 To CONTRACTOR: SOUTHLAND CAR COUNTERS 1411 N. BATAVIA, SUITE 207 ORANGE, CA 92867 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request -or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 28. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the Contractor shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial 19 interests which would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and National City regulations. Specifically, the CONTRACTOR shall file Statements of Economic Interest with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk, if required by the National City Conflict of Interest Code as determined by the City Attorney of the City of National City. 29. MISCELLANEOUS PROVISIONS. a. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. b. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. c. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the 20 convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. d. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. e. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. f. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. g. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. h. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I . Entire Agreement. This Agreement supersedes any prior agreements negotiations and communications, oral or written, 21 and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. j . Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. k. Construction. The parties acknowledge and agree that (I) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this 22 Agreement on the date and year first above written. CITY OF NATIONAL CITY CONTRACTOR BY: GEORGE H. WATERS, MAYOR NAME TITLE IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY CONTRACTOR BY: BY: GEORGE H. WATERS, MAYOR NAME TITLE APPROVED AS TO FORM: GEORGE H. EISER,,III CITY ATTORNEY AGREEMNT/scc.WPD Revised 8/8/97 23 RESOLUTION NO. 97-126 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN ANNUAL DISADVANTAGED BUSINESS ENTERPRISES (DBE) PROGRAM AND GOALS FOR FEDERALLY FUNDED CONSTRUCTION CONTRACTS WHEREAS, on September 26, 1995 the City Council by Resolution No. 95-143 adopted a pre -approved DBE program in compliance with Part 23 of Title 49 CFR. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Council does hereby approve adopting an annual Disadvantaged Business Enterprises (DBE) Program and goals for federally funded construction contracts. PASSED and ADOPTED this 23rd day of September, 1997. George H. Waters, Mayor A1TEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT September 23, 1997 MEETING DATE AGENDA ITEM NO. 5 TT RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A PROGRAM SUPPLEMENT AGRE INCI!019T1tSfSION 1 TO LOCAL AGENCY -STATE AGREEMENT NO. 11-5066 FOR PRELIMINARY ENGINEERING, RIGHT-OF-WAY, CONSTRUCTION, AND CONSTRUCTION ENGINEERING FOR THE REPLACEMENT OF NATIONAL CITY BOULEVARD BRIDGE AT SWEETWATER RIVER, BRIDGE NO. 57C-122, PROJECT NO. 5066(004), ENGINEERING SPECS. NO. 92-15 PREPARED BY CAMERON BERKUTI DEPARTMENT ENGINEERING EXPLANATION_ The City of National City has previously approved a master agreement with the State of California to allow federal funds to be used for authorized local transportation facilities (Resolution No. 97-83 on July 15, 1997). The Master Agreement requires that supplemental approval be obtained for each specific phase of a project. Supplement Agreement No. 019 Revision 1 authorizes the City to request $2,992,000 (80% of the estimated project preliminary engineering, right-of-way, construction, and construction engineering costs) of federal funds for the replacement of the National City Boulevard Bridge at Sweetwater River. The project has been advertised, and the bid opening is scheduled for October 21, 1997. has- AAcompleted and approved. Financial Statement Funds for the City's portion are available from Account Nos. 312-509-500- 598-6140, 308-509-500-598-6101 and 312-509-500-598-6101 STAFF RECOMMENDATION unt Adopt the Resolution and direct the City Clerk to certify the agreement and return both copies along with authorizing Resolution to the Engi eering Department for processing. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Resolution 2. Two original copies of the Program Supplement No. 019 Resolution No 97-125 rc�g A•200 (Rev. 9/801 RESOLUTION NO. 97-125 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING 1'HE MAYOR TO EXECUTE A PROGRAM SUPPLEMENT AGREEMENT NO. 019 REVISION 1 TO LOCAL AGENCY -STATE AGREEMENT NO. 11-5066 FOR PRELIMINARY ENGINEERING, RIGHT-OF-WAY, CONSTRUCTION AND CONSTRUCTION ENGINEERING FOR THE REPLACEMENT OF NATIONAL CITY BOULEVARD BRIDGE AT SWEETWATER RIVER BRIDGE NO. 57C-122, PROJECT NO. 5066(004) ENGINEERING SPECS NO. 92-15 WHEREAS, on July 15, 1997, the City Council passed Resolution No. 97-83 approving a master agreement with the State of California to allow federal funds to be used for authorized local transportation facilities; and WHEREAS, the Master Agreement requires that supplemental approval be obtained for each specific phase of a project. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of National City that the Mayor is authorized to execute a program supplement agreement No. 019 revision 1 to local agency -state agreement No. 11-5066 for preliminary engineering, right-of-way, construction, and construction engineering for the replacement of the National City Boulevard bridge at Sweetwater River, bridge No. 57C-122, Project No. 5066(004), Engineering Specs No. 92-15. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 23rd day of September, 1997. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney PROGRAM SUPPLEMENT NO. 019 Rev.1 to LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 11-5066 Date: Location: Project Number: E.A. Number: September 2, 1997 11-SD -0-NAT BRLS-5066(004) 11-117384 This Program Supplement is hereby incorporated into the Local Agency -State Agreement for Federal Aid which was entered into between the Local Agency and the State on 10/17/78 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. , approved by the Local Agency on (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: In National City on National City Blvd. at Sweetwater River Br. #57C- 122. TYPE OF WORK: Bridge Replacement LENGTH: 0.1 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [X] Preliminary Engineering [X] Right -of -Way [ ] [X] Construction Engineering [X] Construction Estimated Cost Federal Funds 3740000 117 $ 2992000 0 Matching Fund.? Local $ 748000 OTHER N 7-7 m — _ OTHER- -' 0 City of National City By Date Attest Title STATE OF CALIFORNIA Department of Transportation co By Chief, Office of Local Programs Project Implementation Date I hereby Certify upon my persona knowledge that budgeted funds Accounting Of fig rr/ are available for this encumbrance: 3• / 7 $ 2992000.00 ChapterI Statutes 1 Item 1 Year I Program IBCI Fund Source AMOUNT 162 1996 282 1997 2660-101-890 2660-101-890 96-97 97-98 20.30.010.300 20.30.010.300 C 224060 892-F C 224060 892-F 296000.00 2696000.00 Page 1 of 2 11-SD -0-NAT BRLS-5066(004) DATE: 09/02/97 SPECIAL COVENANTS OR REMARKS 1. This Revised Program Supplement supersedes Program Supplement approved by the Local Agency's Governing Body on 12/05/96 2. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 3. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Office of Local Programs. 4. This agreement supplements the Local Agency -State Master Agreement for Federal -Aid projects, with the understanding that all provisions of the 1991 Intermodal Surface Transportation Efficiency Act (ISTEA) apply. 5. The Local Agency will advertise, award and administer this project in accordance with the current Local Program Procedures or the new Local Programs Manual, when issued. 6. Right of Way authorization limited to preliminary work and utility relocation. 7. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Program. 8. Whenever the local agency uses a consultant on a cost plus basis the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub -contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. Page 2 of 2 City of National City, California COUNCIL AGENDA STATEMENT September 23, 1997 MEETING DATE AGENDA ITEM NO. 6 77 TT'' ��EE RESOLUTION ADOPTING AN ANNUAL DISADVANTAGED BUSINESIN E f` @TREES (DBE) PROGRAM AND GOALS FOR FEDERALLY FUNDED CONSTRUCTION CONTRACTS PREPARED BY CAMERON BERKUTI DEPARTMENT Engineering EXPLANATION. See attached Environmental Review X N/A Financial SSt to The cost of publication of the notice will be ap na xlmaLealy 0, and will be paid for from the Engineering Account No. 001-421-00/-260. 0 Account No. TAFF RECOMMENDATION Adopt an annual DBE goal of 15%. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 97-126 1. Attachment "A" Certificate for Contracts, Grants, Loans, and Cooperative Agreement 2. Resolution be A-� FMev,/BO) EXPLANATION: RESOLUTION ADOPTING AN ANNUAL DISADVANTAGED BUSINESS ENTERPRISES (DBE) PROGRAM AND GOAL, FOR FEDERALLY FUNDED CONSTRUCTION CONTRACTS. The.purpose of this resolution is to adopt an annual Disadvantaged Business Enterprises (DBE) program and goals for the City's federally funded construction contracts in compliance with Title 49, Part 23 of the Code of Federal Regulations (CFR). The Federal regulations require local agencies to maximize the use of minority and women owned businesses on local federal -aid construction contracts. Each local agency is responsible for the following: 1. Developing and implementing a DBE Program, anct establishing annual and project goals for participation by DBE before submitting a "Request for Authorization" for the construction of a federal aid project. 2. Designating a DBE Liaison Officer, accountable to the Chief Executive Officer of the local agency, to administer the DBE program. 3. Completing the Report of DBE Awards and Utilization forms. 4. Reviewing and taking action for noncompliance with DBE requirements by the local agency's contractors. DBE PROGRAM'? On Septemer 26, 1995 the City Council by Resolution No. 95-143 adopted a pre -approved DBE program in compliance with Part 23 of Title 49 CFR. ANNUAL GOAL The local agency is required to established a DBE goal on an annual basis. The City's last year goal was set at 15% and staff is recommending that the same goal (15%) be set for this year (October 1, 1997 through September 30, 1998) . PROJECT GOAL In additional to the annual goal, the local agency is required to establish individual project goals based on the type of work being performed and the availability of certified DBE contractors in the geographic area. These project goals must be established in order to achieve the DBE annual goals. PROJECT NOTIFICATION OF ANNUAL GOALS Upon approval of the City's annual DBE goals by the City Council, it is required that a notice be published in the various minority trade publications and provided to the general public media. The notice shall contain the annual DBE goal, a statement that the goal will be available for inspection for a period of 30 days, and a statement that the City will accept comments on the goal for 45 days. LOBBYING DISCLOSURE CERTIFICATION Federal Highway Administration requires each local agency and its contractors and subcontractors which are utilizing federal funds to sign the attached "Certification for Contracts, Grants, Loans, and Cooperative Agreements". The agreement requires that federal funds should not be used for lobbying at the federal level. It also requires a disclosure of any funds other than federal funds that have been used or will be used for lobbying at the federal level. Attachment A c,ertification for Contracts. Grants. Loans. nnci Cooperative Aareements (Federal Fiscal Year October 1, 1997 to September 30, 1998 ) , hereby certify on behalf (Name and title of Grantee official) of that (Name of Grantee) (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, 'or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants„ loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Executed this day of ,19 By: (Signature of authorized official) (Title of authorized official) Federal Register / Vol. 55. No. 38 / Monday, February 26, 1990 / Rules and Regulations 6743 .. DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 See reverse for public burden disclosure.) 1. Type of Federal Action: ❑ a. contract b. grant e. cooperative agreement d. loan a. loan guarantee f. loan insurance 2. Status of Federal Action: ❑ a. bid offer application b. initial award c. post -award 4. Name and Address of Reporting Entity: ❑ Prime ❑ Subawardee Tier , if known: Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known Approved by OMB 0348-0046 3. Report Type: ❑ a. initial filing b. material change For Material Change Only: Year quarter date of last report 5. If Reporting Entity in No. 4 is Subawardee. Enter Name and Address of Prime: Congressional District, if known: 7. Federal Program Name/DescriPtion: CFDA Number: if known 9. Award Amount, if known $ 10. a. Name and Address of Lobbying Entity (if individual, last name, first name, M.1.1 11. Amount of Payment (check all that apply): $ 0 actual 0 planned (attach Continuation 12. Form of Payment (check all that apply): ❑ a. cash ❑ b. in kind: specify: nature value b. Individuals Performing services (including address if different from No. 10a) (last name, first name, M.Li Sheets) SF-LLL-A if necessary) 13. Type of Payment (check all that apply): ❑ a. retainer ❑ b. one-time fee ❑ c. commission ❑ d. contingent fee ❑ a. deferred ❑ f. other: specify 14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), cr Member(s) contacted for Payment Indicated in Item 11: 15. Continuation Sheetls) SF-LLL-A attached: (attach Continuation Sheets) SF-LLL-A if necessary) ❑ YES ❑ NO 16. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more then $100,000 for each such failure. Federal Use Only Signature: Print Name: Title: Telephone No.: Date: IAuthorized for Local Reproduction Standard Form - LLL LL-6 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to tide 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report_ If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects -to be a prime or subaward recipient- Identify the tier of the subawardee, e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee"_ then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. - - 7 . Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available tor the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (TFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (M1). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check ail boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name tide and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed. and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and -Budget. Paperwork Reduction Project (0348-0046), Washington. D.C. 20503. S F-L LL-Insaucuons Rcv. 06-04-90 (3) a City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE SEPT . 23 ,1997 AGENDA ITEM NO. 7 ITEM TITLE WARRANT REGISTER #12 PREPARED BY TESS E. LIMFUECO EXPLANATION DEPARTMENT FINANCE DEPT. RATIFICATION OF WARRANT REGISTER #12 PER GOVERNMENT SECTION CODE 32708. Environmental Review Financial Statement N/A N/A Account No STAFF RECOMMENDATION I RECOMMEND RATIFICON OF THESE WARRANTS FOR A TOTAL OF $385,883.13 `` i ,2ti BOARD/COMMISSION RECOMMEND A N • ATTACHMENTS (Listed Below) 1. WARRANT REGISTER #12 2. WORKER'S COMP WARRANT REGISTER DATED 9/16/97 Resolution No. A.200 (Rev. 9/80) TO: City of National City Department of Finance 1243 National City Blvd., National City, CA 91950-4397 (619) 336-4267 THE MAYOR AND CITY COUNCILMEMBERS FROM: MARIA L. MATIENZO, FINANCE DIRECTOR SUBJECT: RATIFICATION OF WARRANTS AND/OR PAYROLL REGISTER NO. 12 GENERAL FUND TECHNOLOGY FUND LIBRARY FUND PARKS MAINTENANCE FUN RETIREMENT FUND P.O.S.T. FUND LOWER SWEETWATER FUND SEWER SERVICE FUND GRANT -JUDGE PROGRAM GRANT -COPS NT-C, _ +__: PS UNIVERSAL GENERAL PLAN UPDATE R 69,922.68 19.40 1,855.99 3,532.44 17,602.00 2,303.16 9,085.39 21,217.75 275.00 525.8 688.00 RE�ISIER TOTALS PAYROLL FOR PERIOD 08/26/97-09/08/97 TOTAL NPT BUS DONATIONS FUN PLAZA BONITA BONDS GRANT-C.D.B.G. CDC PAYMENTS PROPOSITION "A" FUND TDA FACILITIES MAINT FUND LIABILITY INS. FUND GENERAL SERVICES FUND INFORMATION SERVICES MOTOR VEHICLE SVC FUN TRUST Si AGENCY 64.43 1,000.00 1,217.89 6,916.34 189,385.76 37,660.31 5,332.65 3,026.43 2,118.58 3,452.27 3,453.62 1,937.33 382,603.65 459,062.29 841,665.94 I HEREBY CERTIFY THAT THE DEMANDS AS LISTED ABOVE AND COVERED BY: WARRANT NUMBERS 145237 THROUGH 145367 INCLUSIVE EXCEPTING NONE /103114 THROUGH 103128 INCLUSIVE ARE CORRECT AND JUST TO THE BEST OF MY KNOWLEDGE AND CONFORM TO THE BUDGET FOR THE CURRENT FISCAL YEAR AND THAT MONEY IS AVAILABLE IN THE PROPER FUNDS TO PAY SAID DEMANDS. ;� / .mot-C:'K..c, MAR,,- L. ':',1AIIENZO., FINANCE DIP ' OF ® Recycled Paper F City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 23, 1997 ITEM TITLE SUSPENSION OF PHOTO RADAR CONTRACT AGENDA ITEM NO. 8 PREPARED BY SKIP DiCERCHIO 6P DEPARTMENT POLICE CHIEF OF POLICE EXPLANATION. Authorizing the Mayor to execute a contract extension agreement which places the existing Photo Radar contract between the City and U.S. Public Technologies in an abeyance period. The abeyance period not to exceed eight months. This request by U.S. Public Technologies for the abeyance period is based upon the program's inability to cover its own costs. During the abeyance period, certain state legislative action is expected to occur which will, in effect, permit the program to be self-sustaining. Environmental Review X N/A Financial Statement None Account No STAFF RECOMMENDATION Police Department recommends approval of abeyance period BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Resolution 2. Letter from U.S.P.T.I. Resolution No 97-127 A-200 (Rev. 9/801 RESOLUTION NO. 97-127 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LETTER AGREEMENT WITH U.S. PUBLIC TECHNOLOGIES BE IT RESOLVED by the City Council of the City of National City that the City Council hereby authorizes the Mayor to execute a letter agreement with U.S. Public Technologies to hold in abeyance the Photo Radar Service contract previously approved by Resolution No. 94-73 for a period not to exceed eight months, in accordance with the form of agreement on file in the office of the City Clerk. PASSED and ADOPTED this 23rd day of September, 1997. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 0-•1 U.S. PUBLIC .a. TECHNOLOGIES LLC TRAFFIC SERVICES GROUP September 9, 1997 Tom McCabe, City Manager Anthony Skip DiCerchio, Chief of Police City of National City 1243 National City Boulevard National City, CA 91950-4397 Dear Messrs. McCabe and DiCerchio, The purpose of this letter is to officially request that the City of National City place the PhotoRadar Service Contract in abeyance for a period not to exceed eight months due to the program's inability to cover its own costs. Background As you know, the State has taken from cities statewide 50% of the fines and forfeitures due cities, as well as any fines associated with violators who attend traffic school. This resulted in a loss of approximately 75% of the revenue associated with National City's Photo Enforcement program, thereby rendering it incapable of being self-sustaining. Since 1994 alone, USPT has subsidized the National City Photo Enforcement Program by in excess of $130,0000. There appears to be some hope on the horizon, in that the State is considering a new Trial Court Funding Act which would include the restoration (effective July 1, 1998) of all fines and forfeitures back to the cities according to their pre-1991 distribution, regardless of whether or not the violator attends traffic school. We believe that this change may result in the program's ability to operate on a self-sustaining basis. As you know, USPT has the right to terminate the contract when revenues fall below 31,500 in any given month. However, we would prefer to keep this highly successful public safety program alive. Therefore, the idea of holding the contract in abeyance seems to be an appropriate way of managing the program until such time as the State acts. To allow us to jointly track the outcome of this important legislation and its effect on the Program's ability to be self-sustaining, we would propose that the contract be placed in abeyance through April 30, 1998 to allow for this legislation to take effect. Conditions of the Proposed Request • In practical terms, this would mean that the contract would remain in effect for the balance of its current term, through 6/16/99, without being extended. • Each parties rights and obligations would remain the same except as follows: 1. USPT would not supply a PhotoRadar System or the van into which it is placed during the abeyance period. The van supplied would be re -registered throughout this period to USPT; all City decals would be removed; USPT would continue to be responsible for the insurance and the maintenance of the van; the van would be placed back into joint registered owner status, as well re -marked at USPT expense following the abeyance period. 2. USPT would donate the personal computer and printer currently lent to the National City Police Department to the City effective with the City's acceptance of USPT's request that the contract be put in abeyance. 10455 SORRENTO VALLEY ROAD - SurrE 209 — SAN DIEGO, CA 92121 619.558.8778 — Fax: 619.558.8817 3. The City wol: 4. For the purr: period of the PhotoRadar the PhotoRa. • -USPT would contint.. specified in the cont Summary USPT acknowledges the: Enforcement Program h, continued contributions t Subject to your accept Proposed Request" desc and Acceptance" providE; Best re Alan Viterbi Chief Executive Officer cc: Lieutenant Willi< Rudolf Hradeck: Julie Fox, Mana pt be required to operate the PhotoRadar System during this period. of the City obtaining ownership of the van, the time elapsed during the ntract abeyance shall be deemed the equivalent of the City's use of the em for the purpose of calculating the City's five complete years of use of System. process all City requests associated with previously issued citations, as nificant contribution toward traffic safety in National City which the Photo jade, and is committed to seeking adequate funding to make this program's safety of the residents and visitors to National City possible. of this abeyance proposal in accordance with the "Conditions of the d above, as signified by the completion and return of the "Acknowledgment ;low, the abeyance shall take effect immediately. )sburn, Project Director nior Assistant City Attorney • Contract Administration, USPT nowledged and Accepted on behalf of the CITY OF NATIONAL CITY By: nature ne OLD BUSINESS City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Sept. 23, 1997 AGENDA ITEM NO. ITEM TITLE CABLECASTING OF CITY COUNCIL MEETINGS PREPARED BY Park Morse, AC EXPLANATION_ See attached report. DEPARTMEN City Manager Environmental Review X N/A Financial Statement Cost depends upon options selected. Account No. N/A STAFF RECOMMENDATION Council direction requested. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Attachment A: 1995 Staff Report. Attachment B: 1997 Survey of Cities Attachment C: Cost Details Resolution No. AQ00 (Rev. 9/80) September 23, 1997 Cablecastino Staff Report Background _On January 24, 1995, the City Council last considered the possibility of televising City Council meetings. A decision was made at that time not to pursue cablecasting. In late 1996, at a City Council Workshop to discuss the future of National City Today, the City Council again directed that the subject of cablecasting be reevaluated. Today's Staff Report is pursuant to that direction. Little has changed since the last review of this item in 1995. A copy of the 1995 Staff Report is attached to today's report as "Attachment A." As the City Council has reviewed this concept once previously, today's Staff Report is not intended as an implementation piece. It is intended to broadly review and update the subject; provide some sample cost estimates, and; outline some decisions that need to be made before, and if, we are to move forward. If you elect to proceed, then we envision returning to you at least one more time with more detailed implementation plans and, perhaps, contracts. Current Events "Attachment B" is an updated survey of the cablecasting practices of other cities in this county. Of the seventeen cities shown nine cablecast. Several cities that currently do not televise are considering the possibility. Alternatives City Council meetings, much like anything we see on commercial television, must be produced. This means that the openings and closings have to be choreographed, lighting, camera operation, editing, graphics, tape production and distribution all have to be working perfectly to deliver a professional product. This translates into two ingredients which must be present for cablecasting to be acceptable. The first ingredient is equipment and the second is personnel to run it. There are basically four alternatives by which you can secure these two ingredients: September 23, 1997 Cablecasting Staff Report o Hire staff (employees) to film the meetings (Escondido). This is certainly the most flexible option in terms of having in-house production capability for other projects, but it is also expensive. o Use volunteers (Del Mar). Reportedly, Del Mar uses volunteers and pays them a stipend. The difficulty in relying on volunteers for something that is time certain every week would be their reliability. o Have the cable company do it (Carlsbad, Coronado & Vista). In these cases the cable company picks up most if not all of the cost. The way this was done was to include a requirement in the cable operator's franchise. We have no such language in either of our operator agreements. Perhaps the most practical way of inserting comparable language would be to negotiate it in return for a franchise extension.' As our franchise agreements already extend into the future to the year 2009, Staff would not recommend further extensions. o Contract for production (Chula Vista, County, El Cajon, Oceanside & San Diego). In this model, the city retains a professional production company to film the meetings. Moving Forward Should the City Council be interested in moving forward, then here are some possible steps to look at. Staff does not recommend the first three alternatives mentioned above for the reasons listed. Our best approach would be to hire a professional production company. Over the last few months, Staff has discussed our possible needs with production companies, our cable operators and staff from other cities. Staffs recommendation would be that we treat film production as a professional service where we look first to references, quality of work and relationships. We need to select a company that we have confidence in. We need to select a company specifically experienced in filming city council meetings. We strongly believe that if the City Council goes down this road, we want to convey a professional presentation when people tune us in at home, and not one that looks more like a "B" home movie. If the production effort comes across as cheap, your constituents will let you know. The Federal law on this point gets a little tricky in that we may "ask" for, not demand, certain one time capital items like cameras, lighting, editing gear, etc. Anything beyond that, including personnel costs the cable operator must advance if we require them to film the meetings, can be offset against the operator's franchise fee payment to the city. This means a corresponding reduction of revenue to the city's General Fund. Page 2 091 697Cablecasting.doc September 23, 1997 Cablecasting Staff Report As such, Staff has done reference checking, watched finished product and talked extensively with the independent contractor who currently films the Chula Vista City Council meetings. We have been impressed by the quality of their work product and the pricing plans they are offering. At least three options occur to us, if the City Council chooses to move forward. Each, we believe, accomplishes your interest in finding a public communications vehicle. The City Council might choose all, none or some of the items listed below. Cost details are located in "Attachment C." -o Character Generator (CG) — This is a technology long available in the cable business but not previously used here. A CG is a computer that types messages that appear on your TV screen. Sometimes they "crawl" along the bottom, sometimes they "scroll" up and down. They are an effective way to get the printed word out to cable subscribers. Message text would be typed in by the City and "sent" to subscribers at regular intervals to appear on a designated local cable channel. Messages could include, upcoming community events, the upcoming City Council Agenda, the post -meeting review of council actions at the last meeting, City job openings, recreation classes being offered, and on and on. The cost of an installed CG is something around $12,000, and there is some willingness to share in this cost on the part of one cable operator. Staff would have to further evaluate the staff resources necessary to accomplish this. o A Cablecasting Trial — The vendor in Chula Vista has crafted a trial proposal in which the vendor would come in and do complete production of City Council meetings for about one month. After each meeting, finished tapes would be returned to Councilmembers for review. If Councilmembers had suggestions as to different ways to film, light or present the meetings, those suggestions would be communicated to the vendor so that corrective actions could be taken in time for the next week's meeting. During this month long trial, no meetings would be broadcast. The goal here would be to give you a chance to see what a National City City Council meeting would look like without having to hire anyone long-term to do it and without the expense on anyone's part of equipment installation. You would have a chance to see how effective you thought cablecasting was for us. The cost for this option would be approximately $3,672, $600 of which would be credited back to us if the following option were also to be activated at the conclusion of the trial. ❑ Contract for Cablecasting — For this option, if the City Council desired to begin cablecasting, Staff recommends that we be directed to negotiate contracts with the vendor providing service to the City of Chula Vista. They would perform all of the necessary services and give us a finished tape. It would be the City's responsibility to get this tape on the air each week, again with some impact on staff resources. The vendor would own the equipment and the Page 3 091697Cablecasting.doc 3 September 23, 1997 Cablecastinq Staff Report employees would be the vendor's employees.2 Cost of this option is estimated at approximately $28,000, for the remainder of this fiscal year and at approximately $40,000 for a complete fiscal year, plus some start-up costs. Cablecasting Constraints If you elect to look toward cablecasting there are some constraints to be aware of separate and apart from the financial commitment that must be made to broadcast. 1. Public, Education & Governmental Access Requirements (PEG): PEG is a buzz word in the cable industry which relates to a city's ability to require a cable operator to set aside so many channels for some type of "PEG" use. In many cities this is the way in which city council meetings and other community programming are shown. PEG requirements provide the channels necessary to show, in this case, the city council meetings. In the case of our two cable franchises, neither has such a requirement. This means that the only way to obtain the channel(s) necessary to cablecast would be to negotiate them with the operator. There is no contractual obligation to provide nor any Federal license such that we could require this. One operator has, however, indicated a willingness to provide this capacity in a manner that might be acceptable to us. 2. Captioning: The cable industry press has been ablaze this past year over the possibility that the Federal Communications Commission (FCC) might impose this new requirement on broadcasters. If we cablecast meetings, we may be classified as a broadcaster, hence Staffs concern that this issue be understood by the City Council. The FCC's intent is to better reach out to hearing impaired people by requiring that, over time, most broadcast programming be transmitted with the plain English text of everything that is spoken also appearing at the bottom of the screen. The process of captioning involves specialized equipment and is people -intense because what is said must be transcribed. Staff is concerned not with the FCC's intent, but that you have a full knowledge of the fact that you could choose to begin cablecasting under one set of cost assumptions; only to have the FCC mandate captioning later on, thus driving our production costs sky high. The FCC has not engaged in final rulemaking yet on this subject, however, the 2 The file record from the City Council's last consideration of this item contains details of a sub - option, that being the City's ownership of the electronic equipment. Pricing was variously estimated at between $60,000 to $97,000, depending upon what was included. If the City were to purchase the equipment, which Staff does not recommend, considerably more time would need to be spent establishing the specifications. After the initial purchase price, the chief disadvantage here is that the equipment would be our headache to maintain and our responsibility to replace or keep current. Page 4 091697Cablecasting.doc September 23, 1997 Cablecastinq Staff Report specific matter of whether the FCC would apply captioning to local, governmentally produced programming such as city council meetings is a very real concern to Staff. 3. American's With Disabilities Act (ADA): ADA has implications if we broadcast council meetings. ADA contains certain requirements for access within our Council Chambers. If you envision a fair amount of television and perhaps lighting and sound cable lying around, then we have some ADA issues. The solution would be to have the vendor semi -permanently mount the camera and other gear, overhead, so that the floor area was kept within ADA requirements. To do this requires more expensive remote -controlled equipment but we believe such equipment would address the issue. 4. Penetration Rates: Will Anybody be Listening?: There is no good evidence on this one but obviously most city councils want to know whether cablecasting will ever be watched by anyone. A survey earlier this year in Oceanside reportedly found that 65% of the 427 people polled thought that their local cable channel was "very important." National City Cable has a penetration rate of about 17%. This means that about 17% of the homes which National City's cable passes, actually subscribes to National City Cable. COX's number is about 44%. In aggregate, this represents about 9,000 total homes. 5. Multiple Operator Coordination: Many details remain to be worked out with either operator, let alone trying to determine how things would ac wally work with two operators. Costs, interlinks, air time, channel capacity, signal feed and many other issues would need to be identified and resolved. One of the troublesome issues is Morgan and Kimball towers. Each has a separate cable operator. We need to determine how we reach each with the same information. Cost Impact The anticipated cost of a full year of cablecasting under the contractor model stated above is about $40,000. Some one-time start-up money would also be necessary and is referred to briefly in "Attachment C." Monies would have to be transferred from the unappropriated reserve to fund operations for the remainder of this fiscal year. The cost of the Character Generator is estimated at around $12,000, however, there may be some cost sharing possible. For reference purposes, the annual budgeted cost of producing two issues of National City Today is $14,400, fora mailing run of about 20,000 copies. Page 5 091697Ca blecasti ng. d oc 5 September 23, 1997 Cablecastinq Staff Report Conclusion If the City Council desires to move forward with some new public communications initiative then Staff would suggest the following questions need to be answered so that Staff can have some direction on your desires. V Do you wish to continue the publication of National City Today? ✓ Are you interested in the possibilities of a Character Generator? ✓ Do you want to cablecast? If so: ✓ Do you agree with Staffs recommendation that we contract with a professional production company experienced in coverage of city council meetings? V Along the lines mentioned above, do you wish Staff to attempt to negotiate a suitable contract with the vendor now serving Chula ., Vista? V Do you wish a trial period? Depending upon the direction the City Council wishes to head, Staff can return at a future meeting with more focused implementation plans. Page 6 091697Cablecasting. doc ATTACHMENT "A" ...sty of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 24, 1995 AGENDA ITEM NO 10 ITEM TITLE Report Regarding Cablecasting City Council Meetings PREPARED BY G.J. Boli EXPLANATION. See attached staff report. DEPARTMENT City Manager Environmental Review X N/A Financial Statement Potential costs addressed in attached report. Account No STAFF RECOMMENDATION For Council review and any further policy direction BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No 1. Staff report with attachments A-ZCO (Re.. ?/9a) STAFF REPORT RE: CABLECASTING CITY COUNCIL MEETINGS Background At a recent City Council meeting staff was requested to review the possible cablecasting of City Council meetings by Cox Cable and National City Cable. The purpose of this staff report is to respond to that request by providing general information gathered from a survey of municipal practices and from additional staff review and analysis of the information gathered as well as to request any direction from the Council. Survey of Municipal Practices In an effort to gain some understanding of the range of municipal practices in this area, staff surveyed all San Diego County cities. The results of that survey are presented in Attachment 1 and summarized below. It can be seen from the information presented in Attachment 1 that there are a range of approaches to cablecasting in those San Diego County jurisdictions which cablecast. Out of a total of 18 jurisdictions (plus the County), nine cablecast the meetings of their governing bodies. Of these, five televise live and/or a combination of live and tape delayed broadcasts while four feature only tape delayed broadcast. In three cases, the cable company is required to cablecast under the franchise agreement. Cox Cable which serves National City does not service any of these particular jurisdictions. In one case, Carlsbad, Daniels Cable, which has its offices in that City, apparently cablecasts the meetings as a public service, although the City purchased the camera system. In two cases the jurisdiction actually conducts an in-house videotaping system while in two other cases a contracted arrangement with an outside vendor is utilized. Annual costs under the contracted arrangements are reportedly in the $35,000 - $45,000 range with actual costs dependent upon number of meetings held, length of meetings and equipment/personnel utilized. Of the nine cities, including National City, which do not cablecast, four reported that their respective City Councils had reviewed the matter and determined not to proceed. Four others indicated that the matter had never been formally reviewed. National City would be among this latter group. Minimum Equipment/Personnel Requirements and Potential Cost Elements Following receipt and review of the survey data, staff attempted to determine what would be deemed minimum requirements in terms of equipment and personnel for a videotaping/cablecasting system. In gathering this information, staff consulted with the jurisdictions which do cablecasting as well as with a videotaping provider and an equipment industry representative. As a result of these discussions, it appears that the following equipment would represent a minimum in terms of providing for basic video coverage of Council meetings using needed professional quality equipment. 2 cameras (Number of cameras used in cities ranges from 2 -4) Color monitor Preview monitor 4 video recorders (Two N.C. franchises need different size/type video tape. Industry standard systems) Character generator Switching System Waveform vectorscope Intercom/Headset Tripods Cable/installation Discussions with a video service provider and an equipment industry representative indicate that purchase cost for the listed equipment could range up to $60,000 depending upon type/quality of equipment, plus any annual maintenance agreement cost. Other annual costs for a City owned system include video tape (up to $2,000 per year depending upon whether tapes are reused, number needed, type of tape, etc.) The costs referenced above for equipment are related to "manned" cameras; i.e. those requiring an operator. A remote camera system can also be acquired at a somewhat higher equipment cost. In terms of staffing for a non -remote system, the minimum requirements would reportedly be, for the above listed system, 1 -2 camera operators (one, if one of the cameras was "locked down and stationary"), and 1 - 2 additional personnel are required to operate depending upon the skill levels of the personnel, the sophistication of the system, and the production level desired by the jurisdiction. Camera operators, according to other cities surveyed, can possibly be obtained from local colleges at $5 - $7 per hour. Other technical personnel can cost $10 - $15 per hour depending upon skill level, experience, etc. It should be noted that of the two cities which do an in-house production, both have regular staff assigned these duties among other video production duties and responsibilities. It could be difficult to retain qualified personnel on an on -call or part time basis for this purpose. Additionally, any Federal public facilities access requirements, such as ADA, would need to be considered as appropriate in terms of cable placement, etc. In terms of facilities, it also appears that regardless of whether an in-house or a contracted arrangement is utilized, a separate room from the meeting Chambers is needed; for example, a conference room. The purpose is for monitoring/switching equipment and overall production direction. The alternative would be some type of mobile van. Also, for a non -remote system, depending upon camera location, some facility modification, such as removal of some seating to accommodate a camera/operator could be needed. Remote cameras are attached to the wall or ceiling and operated from a separate location. Alternatives Available For National City there would be two primary approaches to cablecasting City Council meetings; City purchase and operation of a system and City retention of a contractor to perform this function. Cablecasting Council meetings is not a franchise requirement in the case of either National City Cable or Cox Cable in National City or any other San Diego County City served by these companies and neither currently performs this service under contract. As will be discussed below, however, both companies have indicated that they would be willing to carry the Council meetings on a tape delayed basis over their public access channel as they do in the case of Chula Vista. It is also possible, if the City issued an RFP for contracting this service, that they would respond with a proposal. Tne alternative of City purchase and operation of a videotaping system is addressed in the previous section with regard to minimum requirements and costs. Actual costs would be subject to the development of specifications and any required purchasing/bidding procedures. Related personnel costs would also be subject to further review and development. The two agencies which currently do in-house production, Escondido and the County of San Diego have gone beyond the minimum and the cost of their systems/quality of their productions reflect this fact. The alternative of contracting for Council meeting videotaping, including timely delivery of the videotape to the cable companies, would involve development and issuance of a Request for Proposals (RFP). Attachment 2 is a copy of an RFP issued in 1994 by the City of Imperial Beach. Also, attached is a list of firms who received that RFP. If National City were to proceed in this manner, an RFP specific for our situation would need to be developed. As noted previously, annual costs under a contractual approach are, according to those surveyed, in the $35,000 - $45,000 range annually. The number and length of meetings held obviously would impact the cost; since as noted in the sample RFP, the basis of cost proposed by the responder would probably be on a per meeting (minimum number of meeting hours, plus a charge for each additional hour) basis. The length of any contract term, of course, would also impact the annual cost as would the equipment/personnel provided. Chula Vista, for example, reportedly purchases the videotapes itself. As mentioned previously, a separate room, probably the large conference room, would be needed for associated technical functions. Tape - Delayed Broadcast Possibilities for National City As noted previously, staff contacted both Cox Cable and National City Cable relative to when they could carry a tape delayed broadcast of the National City Council (and presumably CDC) meetings. Attachment 3 is a letter from National City Cable indicating that it could carry the meetings on tape delay on Thursdays (at the earliest) and Attachment 4 is a letter from Cox Cable indicating that it could also carry the meetings on Thursdays (at the earliest) starting in June, 1995. Cox has advised staff that Friday, Saturday or Sunday rebroadcast could be implemented sooner. The responses from Cox and National City Cable relative to the timing of their carriage of the meeting are based upon their respective reviews of current public access channel usage by various groups and individuals, including current usage for tape -delayed cablecasting of San Diego (City), San Diego (County) and City of Chula Vista Council meetings. Conclusion In conclusion, this staff report provides a basic survey and other general background information for Council review and discussion. Following this review, the Council may wish to provide staff with additional direction as appropriate. ATTACHMENT "B" Cablecasting Survey I Is Meeting Annual Have You Recently Done or Do You Plan Any New Capital Investment _ Related to Council Taping? It So Describe 8 @ What Approx.Cost? /7 ,,.._ ' 'V -_ Contact Contact Are Who How Many Shown Council # Of How Do You Who Owns Any Est. Have Any Phone Person Meetings Does Staff Do Live or Production Meets. For Many Use Remote Video Of Equip. Written /+tam' i iv✓or✓L.dsLi✓i-G.%':i.0 s i / /- vv �L� i/� 434-2942 r L/v/ �iw.nii Broadcast? w✓vILLVi/✓iiilde-„ Y Filming? �. .. � u ✓ Cable Co. They Use? ,:: J✓vvrr.--,.uiwYbHF 0 Tape? UT Costs 7 n.-.... .��.2 loci Fran. A ree, This Cost? ..Ni✓. ✓nL <uasroiaw 48 Cameras/ .:. ioi:N 3 Cameras? i KY' — N veniYLYs'Krrv.� Y Eqwp ? n :_ .�Qn,Wu Cable Co. Costs? x3' W c' i Policies? ... 7 N No �iw Jim Hagaman Carlsbad 691-5296 Jed Gulbransen Y Contractor 2-3 T $38,920 45 4 Y Contractor $90,000 N changed to remote cameras Chula Vista 522-7300 City Manager Y Cable Co. 0 „L ,not. Fran. Agree 24. 3 v- Cable Co. ? N No Coronado 694-3077 D'Andra LaPierre Y Contractor 13 UT 14,400 72 4 Y County $200000 Y No County 755-9313 Joe Hoesgen Y Contractof 0 UT $6.000—F/A 30 3 N City/Cable Co. ? N Yes - S150.000 (Upgrading) Del Mar 441-1776 Kathi Hubert Y Contractor 0 T $28.B00— F/A 42 2 Y Contractor 7 N No El Cajon No Encinitas 741-4821 Dan Camp Y Staff 1 T 523 000 36 3 Y City 5200000 N Yes - 7 (Audio System) Escondido No Imperial Beach No La Mesa No Leman Grove Joan Berry Y Contractor 0 T/L 525,000—F/A 24 5 Y Contractor 7 N Yes- S80,000 (Upgrades) Oceanside 966-4747 Poway No 533-4725 Marc Jaffe Y Contractor u T $63000 4.+ .. N Contractor 7 N Yes- $300000 (Robotic System) San Diego San Marcos No Santee No No Solana Beach Vista 726-1340 Jim Stall Y Cable Co. 1 I T 13.200 �o r 2 Co--Cn - Cableo 9 Cablecast Survey012497 2127/97 Estimated Cablecasting Costs Costs Attachment C Ace Video Productions is the vendor filming the Chula Vista City Council meetings. They have tentatively offered National City the same pricing. The illustrations below estimate their charges to us. $31,488 41 regular City Council meetings over a one year period @ a flat per meeting charge of $768 for the first 4 hours of coverage @ each meeting. $6,912 9 special workshops during a one year period @ a flat per workshop charge of $768 for each workshop. $420 5 hours of time during the year when the 4 hour coverage limit is exceeded @ a billing rate of $84 per hour. $38,820 Total Estimated Vendor Costs Some wiring, cabinetry and room accommodations may also be necessary to make the operation workable. These need to be more closely studied but may be in the area of $5,000 to $10,000. CDC meetings are usually short enough that, in most cases, we could probably cover the CDC meeting as well (if the Council desired) and still stay inside the vendor's 4 hour coverage limit for City Council meetings. Therefore, it might be possible to do CDC with no increase to the contract. Of the total time spent in City Council and CDC meetings, the time spent in CDC represents about 25%. Perhaps there are some cost sharing possibilities. The final column on the survey, "Attachment B," is also worthy of note. It lists some of the future capital costs the cities saw. One characteristic that just seems to follow cablecasting is the tendency to improve city council chambers. The experience of Orange County cities seems to show that more often than not, sometime after a city decided to film its city council meetings, it also decided to improve the chambers. This could have been audio improvements, lighting, seating, decorating - anything that would be seen by the camera. Many of these improvements come at a considerable price tag. The survey appears to show some of this tendency in this area as well. This can represent a substantial future liability. CablecastingCost091797 9/18/97 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 23. 1997AGENDA ITEM NO. 10 " ITEM TITLE CLAIM FOR DAMAGES: John J. McDonnell PREPARED BY Michael R. Dalla 4 DEPARTMENT City Clerk EXPLANATION The claim of John J. McDonnell arises from an occurrence on June 16, 1997, and was filed with the City Clerk's Office on July 29, 1997. Environmental Review XX N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Deny the claim by Operation of Law, and refer to the City Attorney. BOARD/ COMMISSION RECOMMENDATION TT CHMENTS ( Listed Below) Resolution No. NA A-200 (Rev. 9/80) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 21, 1997 13 AGENDA ITEM NO ITEM TITLE PREPARED BY EXPLANATION TEMPORARY USE PERMIT - BUTLER FAMILY REUNION Michael Bouse, Director/ DEPARTMENT Building and Safety This is a request from the Butler Family to hold a family reunion cebration in the parking lot of the Colony Inn at 521 Roosevelt Avenue, from 5:00 p.m. to 1:00 p.m., on June 26, 1998. The Butler Family has rented out the entire inn for the celebration. Tables will be set up in the parking lot for live D.J. entertainment and for dining. The parking lot entry will be barricaded off with no in and out privilidges. Security will be provided. Management of Colony Inn has approved the use for this event. The event and sponsoring organization does not meet the criteria in City Council Policy No. 704 for a waiver of fees. Environmental Review Financial Statement The City has incurred $142.00 in costs in processing the T.U.P. Application through various City depart- ments. STAFF RECOMMENDATION Approve the Application For A Temporary Use Permit subject to compliance with all conditions of approval and deny the request for a waiver of the TUP processing fee. BOARD/COMMISSION RECOMMENDATION X N/A Account No. N/A N/A ATTACHMENTS (Listed Below) Resolution No. Application For A Temporary Use Permit with recommended approvals and/or stipulations. A-200 (Rev. 9/801 A200-1.000 001-3535-13000 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. When completed and signed by the Director of Building and Safety, this form becomes a permit. Temporary Use Permits are ministerial administrative regulations intended to provide orderly and effective management of a specific list of temporary land that 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. Application for a Temporary Use Permit must be filed 15 working Slavg 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) months prior to the requested activity/event. PLEASE COMPLETE (Print or Type): SPONSORING OREAN13a218P4(s): ()L Y LEB_ IC_ EL) eRRANl7ATICNADDRESS: WI,- A. f� �>.M,Lv i`l C NI Y (..t 1t i 46 u re A OU CR- 7-6 SATE". PHONE: I oqi- `J495 SF+tze.Y City State Zip .S.4 QZ. ,c LOCATION OF EVENT: S.2./ PDCSe V Ems. i Ave /U C . VY . ottel`✓T DATE/TIME PERIOD REQUESTED FOR EVENT: FROM 3-, 021 98 TO REQUEST FOR EXTENSION: FROM TO mount d7 1993 HOURS OF USE: 5 OC: A.M.' TO s/P.M. BRIEF DESCRIPTION OF EVENT: Ti4 — S (� Fir t t� Nir rinl ca. 17 R (A brief summary of the event/activity may be attached to the application) 1 0 �Soe SPECIFIC USE REQUEST: Tr H i-t7r, IN ..T _ 5 n0 JUSTIFICATION: �c> g$k•'te 18e .5 Cant Mta- ; 7ra..Y C . WAIVER OF FEES REQUESTED: YESb.Q NO[ ] (If "YES" complete attached supplemental questionnaire form) REQUEST TO SELL OR SERVE ALCOHOL BEVERAGES: YES( ] NO4 (Note: Consumption or sale of alcohol (circle one) beverages in City Parks is prohibited.) WILL FOOD OR BEVERAGES BE SOLD: YES[ ] NO WILL MERCHANDISE SOLD BE SOLD: YES( ] NOpCL WILL ADMITTANCE BE CHARGED: YES( ] NO VI MORE THAN ONE VENDOR PARTICIPATING: YES[ ] NOS STATEMENT OF FUTURE INTENTION (MOBILE UNITS): FACILITIES (When Applicable) REQUEST ASSISTANCE WITH THE FOLLOWING: rtc, NOISE, CROWD, TRAFFIC CONTROL. 17 C , i `-T h� e ca ; �,- Ro ry r� R><.'ul6c5/ SECURITY CONTROL: PARKING/BARRICADES: eve - 7:W ,c; oor. EXTERIOR LIGHTING: CI) • (1,w a.r ar -� L. ,..,,,'-: �: V CA.d .Q- ML.s S TRASH DISPOSAL/SITE CLEAN-UP AFTER EVENT: T=t> tt r o ' , _- ,. r -rt..,„5,, r r.,,, ,),,,, 4 +n t`\ ,,PS 02- SANITARY FACILITIES: T.4r-T r 111'. C;ti-„ z c -n s i:.. '_,,,z� 9„, t-, (Note: If requesting to use City streets or property , please attached a map or site plan hi -lighting the route or area to be used.) PLEASE COMPLETE (Print or Type) NAME OF APPLICANT:.i'S/N'7 Y ^/1G L"7KO ADDRESS: /', �: /„ 5 ' EA ^In /1.42 ,- °J.U. Cp. G19 77 PHONE: r"(cCt-�S.Gc DATE: 8 -3-q `1 SIGNATURE OF APPLICANT: (V(/u-rr'' (FOR OFFICE USE ONLY) PERMIT FEES: PERMIT NO.: USE GROUP: A USE CLASS: A BOND: NSA PERMIT EXPIRATION DATE: SPECIFIC STIPULATIONS / COMMENTS: (See Attached) (DATE APPLICATION RECEIVED) BUILDING AND SAFETY DEPT. RECEIVED AUG111997 NATIONAL CITY, CALIF. APPROVALS (Check Where Applicable): InNal Imam Instal haul InRal Instal Inmal Inmal moral PLANNING YES [ ] NO [ ] SEE STIP [ I Data FIRE YES [ ] NO [ I SEE STIP [ ] PUBLIC WORKS YES [ ] NO [ ] SEE STIP [ 1 FINANCE YES [ I NO [ ] SEE STIP [ ] POLICE YES [ ] NO [ I SEE STIP [ ] PARKS & REC. YES [ ] NO [ I SEE STIP [ ] Data ENGINEERING YES [ ] NO [ ] SEE STIP I 1 CITY ATTORNEY YES [ ] NO [ ] SEE STIP [ 1 RISK MANAGER YES [ ] NO [ I SEE STIP [ ] COMMUNITY DEVELOP. YES [ I NO [ ] SEE STIP I 1 DEPT. OF TRANS. YES [ ] NO [ ] SEE STIP [ ] Data Date Data Data Data Data Data Oat. Data CITY COUNCIL MEETING DATE: October 21, 1997, 3:00 p.m. TEMPORARY USE PERMIT: APPROVED [ ] DENIED [ I WAIVER OF FEES: APPROVED [ ] DENIED [ ] MICHAEL BOUSE, DIRECTOR BUILDING & SAFETY DATE CITY OF NATIONAL CITY PUBLIC PROPIRTY USE HOLD KARMLUS AND INDUNITICATI011 A RMOINNT 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. Orga.nAratio,r bu i-t_J' r y eu Al 'Person in charge Address City facilities and/or property requested Ski e....c.seuEZ.T 40E N.C.9�Ss Dateis) of use - ^' HOLD HARMLESS AGREEMENT The undersigned hereby agreets) to hold the City of National City and the Parking 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 or related to the use of public property by permittee or permittee's agents, employees or contractors. caaey Signature of Applicant Certificate of Insurance approved 198712 Official Title Date sE C.0(•(sr0E� T \-\ 1 S -L EC (K\-at- � u ElNnn I PJE C Av s 1=i GZ ST PP\ i`�1, L `I t"v nl t o Ai Wt l.st-DoULq LIRE Ct)R rH E SAit Orr' P ERSoN 5 w E 4-4*' E out ksco..) Fog. A T. U- P, 1-1-Pc V E. Z T T 114 E M bTtL. T1-i E EL ER- Ocr.l p 1�FgN 0 l Ci}P t� Cm r� t n1 G G. W uT ''1-� e W H 1-' 6 -71-\\S Oc-GASIoN . -i NE2_ E L LL SE.. (\IoSTD `? I NG TIA p_ L . -THE1 E 5 0NILL? or1E E A.11-12. p v'JC E GE -CNAae• E �, L I._. GA-z.z.A GA-O bD b -F , 3 E rl o i 1 p .t p__\ L 6✓� �-I t 1� yT W1Ll- N I G �+T -7"1-s, T. W ILL N1E No PA-2 k IN (0 6N TFFE ST 2L I W L.3 LL 14LL i3c PzO :z- .1 r L MCrea- Pp -I(J b I ai . \VE LL 1 uC A S L1 QN T-NE Soo7{ D (r1.0 I rr L P L k C -1"1-1 \ S z 5 et.. cc Ni t O s CE, \-so u e S r�vt , 5 2._ 1 P-c aE eti,-7' nl�-,O�AL C,.- C . 9I4,5° nl VI °TEL . ram �•eo e.n-, 7V.00 1 `1 c\ S \\;-. 1 Ave A,v PE�2irnIS5ION .1'-m 71.4 L foT L 13\1Le fly 1�t F 2e J A L e7 Etu 2 1T`-? ' - \ LL v C P 12-C3 U 1 -Aid CCU: �Q "Qou2 CerJ51 D�-2AT1c�! 1\1ZD '-our. City of National City Building & Safety Department 1243 National City Boulevard National City, CA. 91950 TEMPORARY USE PERMIT FEE WAIVER REQUEST SUPPLEMENTAL OUESTIONNAH E 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 1'Hr, FOLLOWING: 1. Is the event for which the T.U.P. is sought sponsored by a non-profit organization? YES (If YES, please proceed to Question No. 4) XNO (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. I 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 Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds to the sponsoring organization? YES (If YES, please proceed to Question No. 4) NO (If NO, please sign the bottom of this form and submit the with the T.U.P. Application to the Building & Safety Department) 7 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) 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? 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: 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? 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. 2 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) 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 SIGNATTiRE DATE 3- ,-5-7 CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND/OR STIPULATIONS SPONSORING ORGANIZATION: Butler Family Reunion LOCATION OF ACTION: 521 Roosevelt Avenue DATE OF ACTIVITY: Friday, June 26, 1998 TIME: 5:00 p.m. to 1:00 p.m. CONTACT PERSON ON DAY OF EVENT: Shelly Sagiao APPROVALS: FIRE YES [ x ] NO [ ] SEE STIP [ x ] POLICE YES [ ] NO [ ] SEE STIP [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE STIP [ ] RISK MANAGER YES [ x ] NO [ ] SEE STIP [ ] SPECIFIC STIPULATIONS: FI 1. Fire Department access to be maintained at all times. 2. Barricade blocking the fire lane shall be established in such a manner that it can immediately be removed for emergency access. 3. If canopies or tents are to be used they shall be of flame-retardant material. Fire Department permit will be required at a fee of 65.00. TUP-APRV1 DOC COLONY INN October 5, 1997 Building Department City of National City To: Ms. Leslie Williams Dear Ms. Williams, This letter is to confirm that I am aware of the request from the Butler Family to approve of their entertainment during the evenings of June 26th and the 27th. Per this agreement they are required to rent the whole hotel and will be responsible themselves to keep any complaints or problems under control. If you have any more questions please feel free to call me and likewise I have your number to call you if I have any questions. Thank You, Catherine L. West General Manager 521 Raoscvelt Ave. National City, CA 92050 619-474-6517 • FAX 619-477-3295 • RESERVAIIONS 800-427-7887