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HomeMy WebLinkAbout2000 03-21 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY COUNCIL COUNCIL CHAMBERS 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY, MARCH 21, 2000 - 3:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG BY THE CITY MANAGER, TOM G. MCCABE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF MARCH 7, 2000 AND MARCH 14, 2000. COUNCIL AGENDA 3/21/00 Page 2 PRESENTATION Employee Introduction Program 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. 1. Resolution No. 2000-22 Resolution of the City Council of the City of National City authorizing the City Engineer to establish three-foot red no parking zones on each side of the driveway at 1531 National City Boulevard. (M. Othman, TSC Item No. 2000-3) (Engineering) 2. Resolution No. 2000-23 Resolution of the City Council of the City of National City accepting the conveyance, authorizing the recordation of the easement deed for street purposes, and authorizing the naming of a parcel of land as Division Street. (Engineering) 3. Resolution No. 2000-24 Resolution of the City Council of the City of National City scheduling a Public Hearing to determine if Underground Utilities District No. 22 is required for National City Boulevard from 35th Street to "C" Street. (Engineering) COUNCIL AGENDA 3/21/00 Page 3 CONSENT CALENDAR (Cont.) 4. Resolution No. 2000-25 Resolution of the City Council of the City of National City calling a Public Hearing to determine whether public health, safety, or welfare require the formation of an underground utility district for Highland Avenue from Sixteenth Street to Twenty -Fourth Street. (District 21-Phase III) (Engineering) 5. Resolution No. 2000-26 Resolution of the City Council of the City of National City establishing dates for property owners to be ready to receive underground service and removal of poles and overhead wires within District 21. (Engineering) 6. Resolution No. 2000-27 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement between the City of National City and MGD Technologies, Inc. for a sewer flow study. (Public Works) 7. Resolution No. 2000-28 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Agreement between the City of National City and Med-Trans, dba American Medical Response (formerly Hartson Medical Services) for basic and advanced life support services. (Fire) 8. Resolution No. 2000-29 Resolution of the City Council of the City of National City authorizing the City to transfer its share of FY 1999/2000 Juvenile Accountability Incentive Block Grant Funds to the County of San Diego. (Police) COUNCIL AGENDA 3/21/00 Page 4 CONSENT CALENDAR (Cont.) 9. Year End Audit Reports for Fiscal Year ended June 30, 1999. (Finance) 10. WARRANT REGISTER #37 (Finance) Ratification of Demands in the amount of $1,128,007.51 11. Claim for Damages: Gregory Drummond (City Clerk) 12. Claim for Damages: Eldrick Jenkins (City Clerk) ORDINANCE FOR ADOPTION 13. An Ordinance amending Title 9 of the National City Municipal Code by adding Chapter 9.38 and Sections 9.38.010 through 9.38.100 pertaining to restricting the sale, display and promotion of tobacco products to minors. (City Attorney) WRITTEN COMMUNICATIONS 14. Letter from Kathryn Lembo, Executive Director of South Bay Community Services requesting a letter of support for AB 1826 - The Family Violence Prevention and Intervention Demonstration Project. NEW BUSINESS - CITY MANAGER COUNCIL AGENDA 3/21/00 Page 5 NEW BUSINESS (Cont.) -* CITY ATTORNEY - OTHER STAFF -* MAYOR - > CITY COUNCIL PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. ADJOURNMENT Next Regular City Council Meeting - March 28, 2000 at 6:00 p.m. - Council Chambers, Civic Center. TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE City of National City Personnel Department 1243 National City Boulevard National City, CA 91950 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM DATE March 14, 2000 TO FROM Roger C. DeFratis, Per el,Dir cto SUBJECT EMPLOYEE INTRODUCTION PROGRAM Park Morse, Assistant City Manager The City Council has requested that all new full-time employees hired each month be invited to the third City Council meeting of each month. The attendance of the employee is voluntary and will not be paid overtime for such appearance. The below department director(s) are requested to extendsuch an invitation to the listed employee(s) and confirm the employee(s) attendance, if applicable, with the City Manager by the Thursday preceding the meeting. Kathleen Trees Michael Halloran/Housing Inspector February 22, 2000 Chief Kimble Jeff Burriss/Deputy Fire Marshal March 8, 2000 xc: Kathleen Trees Chief Kimble RCD:Im MEMOS.DOC-1 ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 21, 2000 AGENDA ITEM NO. 1 ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH A RED\ "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 1531 NATIONAL CITY BOULEVARD (M. OTHMAN, TSC ITEM NO. 2000-3) PREPARED BY Adam J. Landa DEPARTMENT Engineering EXPLANATION Mr. Mohd Othman,the owner of the business at 1531 National City Boulevard, has requested the installation of two red no parking zones adjacent to the driveway serving his property. According to Mr. Othman, parked vehicles and trucks are encroaching into his driveway at 1531 National City Boulevard thereby not allowing ingress or egress from his property. The requester desires to have 3 feet of red zones installed on each side of his driveway. The Traffic Safety Committee has approved 3 feet of red "no parking" zone on both sides of his driveway. Environmental Review Financial Statement N/A STAFF RECOMMENDATION Adopt the Resolution. X N/A Account No. BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee at its me ting of March 8, 2000 approved the 3' of red "no parking" zone on both sides of his driveway at 1531 National city Boulevard. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2000-22 A-2C6' 778t RESOLUTION NO. 2000-22 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH THREE-FOOT RED NO PARKING ZONES ON EACH SIDE OF THE DRIVEWAY AT 1531 NATIONAL CITY BOULEVARD (M. Othman, TSC Item No. 2000-3) WHEREAS, Mohd Othman, the owner of Excellent Auto Repair at 1531 National City Boulevard, has requested the installation of three-foot red no parking zones on each side of the driveway at 1531 National City Boulevard; and WHEREAS, parked vehicles encroach into the driveway blocking the ingress and egress from the business at 1531 National City Boulevard; and WHEREAS, at its meeting on March 8, 2000, the Traffic Safety Committee approved installation of three-foot red no parking zones on each side of the driveway at 1531 National City Boulevard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish three-foot red no parking zones on each side of the driveway at 1531 National City Boulevard. PASSED and ADOPTED this 21 u day of March, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: % /3 as George H. Eiser, III City Attorney 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MARCH 8, 2000 ...vii.:v:C•%C:^N:::LQv� •'i.:i:N::::::�ii•:t4\\i{:i;: ITEM TITLE: REQUEST FOR INSTALLATION OF RED "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 1531 NATIONAL CITY BOULEVARD (BY M. OTHMAN, TEL. 6191336-0710) PREPARED BY: Adam Landa, Engineering Department DISCUSSION: Mr. Mohd Othman, the owner of the business at 1531 National City Boulevard, has requested the installation of two red no parking zones adjacent to the driveway serving his property. According to Mr. Othman, parked vehicles and trucks are encroaching into his driveway at 1531 National City Boulevard thereby not allowing ingress or egress from his property. The requester desires to have two 3 foot red zones installed on each side of his driveway. STAFF RECOMMENDATION: i We recommend the installation of the two 3 foot red zone on each side of his driveway. EXHIBITS: 1. Letter 2. Location Map 2000-3 p„,./00_ SA ieefr4., 33,_ ,7„ 644/ �� ��,- Q yro/ c ca. 'f 7 /1-3/ _ 4 g_//0"Lay _ez Me C., nan /Sc3 fouo_ / , lyi„, CEN102 $rr Srit BEN Sr r urn S; !Sr Sr Si St u mn Sr w 2 NO Si k =sir s • Stu Sr ern Sr 'in SI E urn St inn Sr [Sri; St L 1741 Sr 12711 Sr sr ( atm St 501 SI mr t Inn Si E tett+ Si L Min St 2m5r Sr St eosE Oe •Sesiock, E 14114 SI E rsmn Sr 191ii Sm 4IA RV° 12En Sr E City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 21, 2000 2 AGENDA ITEM NO. ITEM TITLE RESOLUTION ACCEPTING THE CONVEYANCE, THE NAMING, AND AUTHORIZING THE RECORDATION OF THE EASEMENT DOCUMENT FOR STREET PURPOSES FOR A PARCEL OF LAND ON DIVISION STREET PREPARED BY EXPLANATION Din Daneshfar DEPARTMENT SEE ATTACHED Engineering Environmental Review X N/A Financial Statement N/A Account No. N j , Adopt the Res. .a c pting the conveyance, the naming, and authorizing the reco'.ation of the E sement document for street purposes for a parcel of land on Harbison Ave ue. STAFF RECOMMENDAT • BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 2000-23 1. Resolution 2. Easement Deed 3. Plat A-2061.§YEt EXPLANATION: On September 21, 1999 the City Council accepted the conveyance of a parcel of property located at 2912 E. Division Street, A.P.N. 554-082-09. This portion of the property was needed for the street improvements along Division Street in conjunction with the Division Street widening between Drexel Avenue and the easterly city limits. However, Mr. Errol Rex McNeil, the property owner, executed the original easement deed on December 7, 1998, as the authorized partner of the MCNEIL FAMILY LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP. This was the vesting as shown on the Preliminary Title Report issued by the California Title Company on April 27, 1998. A month prior to the execution of the easement deed on December 7, 1998, the assets held under the McNeil Family Limited Partnership were conveyed to the McNeil Living Trust as part of a divorce settlement. This matter was disclosed in the escrow updated preliminary title report issued on April 14, 1999. For an extended period of time, Mr. McNeil was not responsive to the escrow officer's requests to execute the new easement deed. On January 21, 2000, Mr. McNeil executed the new easement deed as the trustee of the current vesting and delivered same to the escrow officer. Attached is the revised document which is resubmitted by the Title Company, Chicago Title, for reprocessing. The offer was based upon the City purchasing the portion of this property. The opening of the escrow account to accomplish the purchase was the subject of another item on the September 21, 1999 Council Meeting agenda. The area of the dedicated parcel is described on the attached easement document. This resolution also renames the dedicated parcel of land as Division Street. The Engineering Department will forward the Easement Deed to the Escrow Company, for recordation after the acceptance of the conveyance by the City. RESOLUTION NO. 2000-23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE CONVEYANCE, AUTHORIZING THE RECORDATION OF THE EASEMENT DEED FOR STREET PURPOSES, AND AUTHORIZING THE NAMING OF A PARCEL OF LAND AS DIVISION STREET BE IT RESOLVED by the City Council of the City of National City that pursuant to Resolution No. 7083, the City Clerk is hereby ordered to execute a Certificate of Acceptance and to record the following instrument conveying an interest real estate to the City of National City: EASEMENT DEED dated January 21, 2000, from Errol Rex McNeil, (A.P.N. 554-082-09). BE IT FURTHER RESOLVED as follows: 1. That Errol Rex McNeil has conveyed the real property described in the attached Exhibit "A" to the CITY OF NATIONAL CITY for street purposes. 2. That the CITY OF NATIONAL CITY desires that said property be dedicated for street purposes. 3. That the described parcel of land in Exhibit "A" shall henceforth be known as a portion of Division Street. PASSED and ADOPTED this 21st day of March, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. 1"iser, III City Attorney WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: MICHAEL R. DALLA, CITY CLERK CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950-4397 RECORDING REQUESTED BY THE ENGINEERING DEPARTMENT ON BEHALF OF THE CITY OF NATIONAL CITY - THIS SPACE FOR RECORDERS USE ONLY - No recording fee required. This document is exempt from fee pursuant to Section 27383 of the California Government Code. The undersigned grantor(s) dedare(s): Documentary transfer tax is $Q00 () computed on full value of property conveyed, or () computed on tuui value less value of liens and encumbrances remaining at time of sale. () Uincorporated area: (x) City of National City, and Assessor's Parcel No. 554-082-09 DOCUMENT No. 040MCNE Project: Division Street Widening Location: 2912 E. Division Street Project Parcel No.: R/W 04MCNE EASEMENT DEED (PUBLIC STREET RIGHT-OF-WAY) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ERROL REX MCNEIL, TRUSTEE OR HIS SUCCESSORS IN TRUST, UNDER THE ERROL REX MCNEIL LIVING TRUST DATED NOVEMBER 9, 1998 AND ANY AMENDMENTS THERETO hereby GRANTS to the CITY OF NATIONAL CITY, a Municipal Corporation, an easement and right of way for public street and appurtenant and incidental purposes over, under, along and across the following described real property which is situated in The City of National City, County of San Diego, State of California, and is more particularly described in the attached Exhibit "A" and graphically shown on the plat attached hereto as Exhibit "B" for clarity only. This document was executed this day of ERROL REX MCNEIL, TRUSTEE OR HIS SUCCESSORS IN TRUST, UNDER THE ERROL REX MCNEIL LIVING TRUST DATED NOVEMBER 9, 1998 AND ANY AMENDMENTS THERETO BY: ERROL REX MCNEIL, Trustee under the Errol Rex McNeil Living Trust dated November 9, 1998 NOTE: NOTARY ACKNOWLEDGMENTS (FOR ALL SIGNATURES) MUST BE ATTACHED, PER C:VIL CODE SEC. 1180 ET. SEQ. (National Ciry11?EECS`.04MCNE 01) THIS IS TO CERTIFY that the interest in real property conveyed by the Easement Deed dated from ERROL REX MCNEIL, TRUSTEE OR HIS SUCCESSORS IN TRUST, UNDER THE ERROL REX MCNEIL LIVING TRUST DATED NOVEMBER 9, 1998 AND ANY AMENDMENTS THERETO, to the CITY OF NATIONAL CITY, a Municipal Corporation, is hereby accepted pursuant to City Council Resolution No. and the Grantee consents to the recordation thereof by its duly authorized officer. DATED: BY: MICHAEL R. DALLA, CITY CLERK (National City\DEEDS\04MCNE 01) EXHIBIT "A" LEGAL DESCRIPTION A PORTION OF LOT 8 OF THE MAP OF PARKVIEW TERRACE, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2730, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 8; THENCE ALONG THE WEST LINE OF SAID LOT SOUTH 17°47'34" EAST 1.50 FEET; THENCE LEAVING SAID WEST LINE NORTH 72° 12'26" EAST 5.00 FEET; THENCE NORTH 17°47'34" WEST 1.50 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 8; SAID POINT BEING DISTANT NORTH 72°12'26" EAST 5.00 FEET FROM THE NORTHWEST CORNER OF SAID LOT; THENCE ALONG SAID NORTHERLY LINE SOUTH 72° 12'26" WEST 5.00 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION. CONTAINING 10 SQ. FT. MORE OR LESS PREP • ' D BY ME OR UNDER MY SUPERVISION: A '.: , P.L. 55 EXPIRES 12/31/01 • 177-7 619 1-1M4 R EXHIBIT C, DIVISION STREEET N7712'26" E 5.00' 5.00' P.O.B. 5.00' >> N1747'34"W l�J` 5.00' N72' 12'26'E 10.00' LOT 9 LEGEND: L..:_ J ar NI P ROW N1747'34'W 1.50' N7712'26' E 5.00' N1T47'34"W 2.00' ROW - <, <'< LOT 8 DENOTES TO BE ACQUIRED. AREA LOT 9 = 10+ SQ. FT. AREA LOT 8 = 10+ SQ. FT. DENOTES RIGHT OF ENTRY AREA = 39 SQ. FT. PROPERTY LINE RIGHT OF WAY O N1747'34W 1.50' © N7712'26"E 5.00' IR NOTE: DATA SHOWN HEREON IS DERIVED FROM RECORD INFORMATION. EASEMENT FOR DIVISON STREET CITY OF NATIONAL CITY PLAT A.P.N.: 554-082-9 ADDRESS: DIVISION ST. DATE: 3/10/98 DRAWN BY: A.M.B. SCALE: NTS COMPILED FROM FXISTING RFCORDS State of California ) County of San Diego ) On ../(, 01900 , before me, the undersigned, a Notary Public in and for said State, personally appeared (� k £e /fl e / personally known to me or . roven to me on the basis of satisfactory evidence to be the person whose name subscribed to a within instrument and acknowledged to me that executed the same i uthorized capacity(i , and that by r signatures on the instrument the person), or the en ity upon behalf of which the personf acted, executed the instrument. TNESS_mv hand and official seal. „�,...,._ P. LESHER COMM. # 1213262 NOTARY PUBLIC-CALIFORNIA +n SAN DIEGO COUNTY Q GOMM. EXP. MARCH 15, 2003 " City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 21, 2000 3 AGENDA ITEM NO. ITEM TITLE RESOLUTION CALLING FOR A PUBLIC HEARING TO DETERMINE IF UNDERGROUND UTILITIES DISTRICT NO. 22 IS REQUIRED FOR NATIONAL CITY BOULEVARD FROM 35TH STREET TO "C" STREET (CITY LIMITS) (DISTRICT NO. 22) PREPARED BY EXPLANATION Din Daneshfar DEPARTMENT (SEE ATTACHED) Engineering Environmental Review Financial Statement x N/A Conto ction would be funded by the City's share of San Diego Gas & Electric's tion fnderground conversions. STAFF RECOMMENDATION' P k!..,,. Establish a date • hold a Public Hea ing to determine whether Public Health, Safety, and Welfare require the nformation of the District 22. Staff recommends that the public hearing e held on April 11, 2000. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below 1. Resolution 2. Exhibit "A" Map of District 22 3. Allocation Summary Report Resolution No. 2000-24 A-200 j9%80) dis22 EXPLANATION: Attached is a copy of the City of Chula Vista's Notice of Public Hearing for formation of Underground Utility District 128 on Broadway from "C" Street to-"E" Street in the City of Chula Vista. By this action, Broadway will be undergrounded to the north Chula Vista City limits. National City Boulevard utilities were undergrounded several years ago. However, the undergrounding stopped prior to the south limits of National City. Conduits for utilities were installed within the recently constructed bridge over Highway 54 and the National City Boulevard Bridge. There are now two overhead spans remaining within National City that should be undergrounded. A map is attached which shows the boundaries of the proposed district 22. Based on San Diego Gas & Electric providing the remaining necessary trench and conduit, the total estimated cost is $45,000 It is proposed that the undergrounding be funded with A-20 allocation funds. In accordance with Ordinance No. 1414 of the City of National City, Staff is requesting to hold a public hearing for receiving public comments on whether the Public Health, on Welfare require the removal of the poles, and overhead wire and the underground installation services. There are no individual customers served from these facilities, and no individual services will be affected by this project. However, in order to comply with the City Ordinance, the Engineering Staff will post the notices of the Public Hearing within the 200 feet radius of the District 22 boundaries. It is recommended that the public hearing be held on April 11, 2000. RESOLUTION NO. 2000-24 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SCHEDULING A PUBLIC HEARING TO DETERMINE IF UNDERGROUND UTILITIES DISTRICT NO.22 IS REQUIRED FOR NATIONAL CITY BOULEVARD FROM 35Th STREET TO "C' STREET WHEREAS, Chula Vista has established Underground Utility District 128 on Broadway from "C" Street to "E" Street in the City of Chula Vista, and WHEREAS, the undergrounding of utilities in National City, ends before the city's southern limits, and WHEREAS, conduits for utilities were installed within the recently constructed bridge over Highway 54 and the National City Boulevard Bridge; and WHEREAS, there are two overhead spans remaining within the City that should be underground; and WHEREAS, there are no individual customers served from these facilities, and no individual services will be affected by this project; and WHEREAS, in accordance with National City Ordinance No. 1414, Staff requests a public hearing on whether the public health, safety and welfare requires the formation of Underground Utility District No. 22 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the time for hearing any and all persons interested in the proposed formation Underground Utility District No. 22 is hereby set for 6:00 p.m. on April 11, 2000, in the City Council Chambers in the Civic Center, 1243 National City Boulevard, National City, California. BE IT FURTHER RESOLVED that the City Clerk of the City of National City is hereby directed to provide notice of the time and place of said hearing in accordance with the law. -- Signature Page to Follow -- Resolution No. 2000-24 Page Two PASSED and ADOPTED this 214 day of March, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: ,#)Z1A4:mr George H. Eiser, III City Attorney CITY OF CHULA VISTA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION NOTICE OF PUBLIC BEARING FORMATION OF UNDERGROUND UTILITY DISTRICT NO. 128 ALONG BROADWAY FROM "C" STREET TO "E" STREET IN THE CITY OF CHULA VISTA, CALIFORNIA. Our records indicate that you may have an interest in the Public Hearing to be held before the City Council on January 18, 2000. The Council Meeting begins at 6:00 p.m. The purpose of forming the district is to require the utility companies to underground all overhead lines and remove all existing utility poles within the district. In addition, property owners, receiving overhead service from wires and poles within the district boundary, are required to convert their private utility service connections from overhead to underground. The service conversion work involves trenching, backfilling and conduit installation from property line to point of connection, the cost of which is borne by the property owner. However, Chula Vista City Council Policy No. 585-1 established a mechanism that reimburses eligible property owners for most of their electrical service conversion costs. The mechanism is based on the following provisions: 1. Funding is limited to items which the customer traditionally supplies/installs such as trenching and conduit from property line to point of connection. 2. Funding shall not exceed the estimated cost of trenching and conduit installation for up to 100 feet of the private service lateral. ($30.00 per linear foot of trenching) A plat showing the District Boundary is enclosed. A list of properties eligible for reimbursement and copies of Resolution No. 19680 declaring the City's intention to underground utilities along Broadway from "C" Street to "E" Street and setting a public hearing are on file in the Office of the City Clerk. The Utility Companies will initiate the design phase immediately following formation of the subject District. Further details regarding the schedule and the construction phase of the project will be provided to you by the Utility Companies when their design is completed. The City Council meets in the Council Chambers at 276 Fourth Avenue in the Public Services Building which is located at the northwest corner of Fourth Avenue and "F" Street. Should you have any questions regarding the subject item, please contact Roberto D. Juan, Assistant Engineer II, at 691-5227. MUNA CUTHBERT CIVIL ENGINEER File No. 0810-20-AY097 UTILITY UNDERGROUNDING DISTRICT NO. 128 Broadway "C" to "E" St -- - UNDERGROUND DISTRICT BOUNDARY O DUSK -DAWN UGHT a .T.. .ry rte. rr• ...� ..�.. _..__ 1739 42S• IE13• 1739 o� .1\` 90 Pit P^ ` ., \A, ,.��` \ 1 \ 11 P�3i 1740 170 l00' 170- 178- 179- 1734 1737 1740 1734 1740 174- 174- 174- 1734 1737. 1740 —177 STANDARD ELECTRIC FACILITY MAP District: Petro Cp 413a f-334.441447 - 2- 14 M. 115D {- IS 14.114D M CIA 44 1/ a4 Cities: CHULA VISTA NATIONAL CITY Thomas Brothers: I309-HS Revision Date: PI of Dote: 02-08-2000 Energized by: Circuit: 44,711 Nap Number: 176-1737 1998 SUMMARY REPORT City of National City ALLOCATION BALANCE as of 12/31/98 $ 6,399,273.00 COMPLETED PROJECTS in 1998 $ (1,101,654.00) 1998 ADJUSTMENTS to previously completed projects $ ALLOCATIONS for 1999 $ 485,981.00 ALLOCATION BALANCE as of 3/31/99 $ 5,783,600.00 PROJECTS IN CONSTRUCTION - ESTIMATED COST (May be completed in 1999) $ PROJECTS IN PRELIMINARY DESIGN $ (3,523,218.00) UNCOMMITTED FUNDS $ 2,260,382.00 Total allocations to date = $10,219,231 SDGE - 20A PJZ/mc 1998 DETAIL REPORT City of National City Subtotals Totals COMPLETED PROJECTS in 1998 Highland Av Ph 1 (Division to Plaza) $ 1,101,654 $ 1,101,654 1998 ADJUSTMENTS to previously completed projects None PROJECTS IN CONSTRUCTION - ESTIMATED COST (May be completed in 1999) None $ $ PROJECTS IN PRELIMINARY DESIGN Highland Av Ph 2 (8th St to 19th St) - (R) $ 640,218 Highland Av Ph 3 (19th St to 24th St) - (NR) $ 765,000 Highland Av Ph 4 (24th St to 30th St) - (NR) $ 618,000 8th St (Hoover Av to E Av) - (NR) $ 1,500,000 $ 3,523,218 SDGE - 20A PJZJmc (PI = Roc. l„t 1998 SUMMARY REPORT City of National City ALLOCATION BALANCE as of 12/31/98 $ 6,399,273.00 COMPLETED PROJECTS in 1998 $ (1,101,654.00) 1998 ADJUSTMENTS to previously completed projects $ ALLOCATIONS for 1999 $ 485,981.00 ALLOCATION BALANCE as of 3/31/99 $ 5,783,600.00 PROJECTS IN CONSTRUCTION - ESTIMATED COST (May be completed in 1999) $ PROJECTS IN PRELIMINARY DESIGN $ (3,523,218.00) UNCOMMITTED FUNDS $ 2,260,382.00 Total allocations to date = $10,219,231 SDGE - 20A PJZ/mc 1998 DETAIL REPORT City of National City Subtotals Totals COMPLETED PROJECTS in 1998 Highland Av Ph 1 (Division to Plaza) $ 1,101,654 $ 1,101,654 1998 ADJUSTMENTS to previously completed projects None PROJECTS IN CONSTRUCTION - ESTIMATED COST (May be completed in 1999) None $ $ PROJECTS IN PRELIMINARY DESIGN Highland Av Ph 2 (8th St to 19th St) - (R) $ 640,218 Highland Av Ph 3 (19th St to 24th St) - (NR) $ 765,000 Highland Av Ph 4 (24th St to 30th St) - (NR) $ 618,000 8th St (Hoover Av to E Av) - (NR) $ 1,500,000 $ 3,523,218 SDGE - 20A PJZ/mc AI Ior7 (R) = Resolution City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE MARCH 21, 2000 AGENDA ITEM NO. 4 ITEM TITLE RESOLUTION CALLING FOR A PUBLIC HEARING TO DETERMINE IF AN� UNDERGROUND UTILITIES DISTRICT IS REQUIRED FOR PHASE III OF HIGHLAND AVENUE FROM 16TH TO 24TH STREETS (DISTRICT 21) PREPARED BY DIN DANESHFAR DEPARTMENT ENGINEERING EXPLANATION Engineering staff and utilities service representatives walked through the third phase of District No. 21. The limits of Phase III of District 21 (Exhibit "A") are Highland Avenue from 16th Street to 24th Street. In accordance with Ordinance No. 1414 of the City of National City, Staff is requesting a date to hold a public hearing for receiving public comments on whether Public Health, Safety, or Welfare require the removal of the poles, and overhead wires, and the underground installation of wires and facilities for supplying electrical and communication services on Highland Avenue (District No. 21 - Phase III). It is recommended that the Public Hearing be held on April 11, 2000. Notices of the Public Hearing will be sent by the City Clerk's office and to all of the affected property owners (Exhibit "B"). The underground construction cost is estimated by San Diego Gas & Electric to be $900,000. This will be paid for by the utility allocation funds for underground conversions. Environmental Review X N/A Financial Statement Construc •n would be funded by the city' s share of SDG&E allocation for underground rsions. /� Account No. STAFF RECOMMENDATI ' N J !PI� f d / Establish a date ,- old a Pu. is Hearing to determine whether Public Health, Safety, and ,elfare require the f»rmation of the District 21 - Phase III. Staff r-commends that the public hearing held on April 11, 2000. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 2000-25 1. Resolution 2. Exhibit "A" - Map of District 21 - Phase III 3. Exhibit "B" - List of the names and addresses of the property owners A-20C ia-$p) Cd21 RESOLUTION NO. 2000-25 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC HEALTH, SAFETY, OR WELFARE REQUIRE THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT FOR HIGHLAND AVENUE FROM SIXTEENTH STREET TO TWENTY-FOURTH STREET (DISTRICT 21 — PHASE III) WHEREAS, Ordinance No. 1414 establishes a procedure for the creation of underground utility districts and requires as the initial step in such procedure the holding of a public hearing to ascertain whether public health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar or associated service in any such district; and WHEREAS, it has been recommended that such an underground utility district, hereinafter called the District, be formed on Highland Avenue from Sixteenth Street to Twenty - Fourth Street. The boundaries of said district, which is designated as District 21 — Phase III, are delineated on the attached Exhibit "A", which is hereby incorporated as part of this Resolution. NOW, THEREFORE, BE IT RESOLVED as follows: 1. NOTICE IS HEREBY GIVEN that a public hearing will be held by the Council of the City of National City on , 2000, after the hour of , in the Council Chambers of the Civic Center, 1243 National City Boulevard, National City, California, to ascertain whether the public health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar associated service in the District hereinabove described. 2. At such hearing all persons interested shall be given an opportunity to be heard. Said hearing may be continued from time to time as may be determined by the City Council. 3. The City Clerk shall notify all affected property owners as shown on Exhibit "B" and utilities concerned of the time and place of such hearing by mailing a copy of this Resolution to such property owners and utilities concerned at least ten (10) days prior to the date thereof. 4. The area proposed to be included in Phase III of the District is shown on that certain Map entitled Proposed Underground Utilities District 21 — Phase III, which is on file in the office of the City Engineer of the City of National City. -- Signature Page to Follow -- ' Resolution No. 2000-25 Page Two PASSED and ADOPTED this 214 day of March, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: City Attorney r iT 0 i 20TH w STREET EXHIBIT "A" UNDERGROUNG UTILITY DISTRICT NO.21 PHASE 3 HIGHLAND AYE. FROM E.I6TH ST. TO E.24TH ST. LEGEND: E - BOUNDARY OF UNDERGROUND UTILITY DIST.21 PHASE 3 2/17/2000 M I6TH w a 0 STREET I53° Isle 1542 I 1548 1610 1630 w z W a U- .Lu z d U- z STREET STREET STREET STREET 18TH I9TH I MEI 1902 I I 1940 1 811 2004 2010 2016 1 I I20162- 1 2030 3 2IST 22ND 4 1515 1519 1533 1539 II I ' \h\ I6TH STREET 1605 1611 1633 1639 1641 1705 1745 J r 1a03 1603 1625 1835-37 1639 1903 1919 1925 1941 22' �2209 s J 2235 2239 224� 7 z W d EXHIBIT "B" UNDERGROUND UTILITY DISTRICT NO. 21(PHASE 3) HIGHLAND AVENUE FROM E. 16TH STREET TO E. 24TH STREET OWNERS NAMES BUSINESS/ A.P.N. AND ADDRESS SITE ADDRESS HOME/OTHER 1. 560-240-07 Smith Family Trust 47 San Miguel Drive Chula Vista, CA 91911 1810 & 1830 Highland Ave. Business National City, CA 91950 2. 561-171-04 Officer Family Partnership Same Business 1825 Highland Avenue National City, CA 91950 3. 560-240-06 Alan G. & Candice L. Dodson 1840 Highland Ave. Business 3628 Putter Drive National City, CA 91950 Bonita, CA 91902 4. 561-181-01 Santino Acquaro 1903 Highland Avenue Business 1293 Rippy Street National City, CA 91950 El Cajon, CA 92020 5. 561-181-02 Maria G. Herrera 1907, 1909, 1911, 1913 Business & 909 South 41st Street & 1915A thru 1915G Apartments San Diego, CA 92113 Highland Avenue National City, CA 91950 6. 561-181-04 De Novia Casa Same Business 1941 Highland Avenue National City, CA 91950 7. 560-310-14 Cameron Family Trust 301 Hilltop Drive Chula Vista, CA 91950 2004,2010 and 2016 Highland Avenue National City, CA 91950 Business 8. 560-310-03 Juan M. Banuelos 2026 Highland Avenue VACANT LOT 1113 Holly Avenue National City, CA 91950 Imperial Beach, CA 91932 9. 561-271-03 Antonio M. & Aida B. Majul 2027 Highland Avenue National City, CA 91950 1 Same Residential & Business CON'T. UNDERGROUND UTILITY DISTRICT NO. 21(PHASE 3) HIGHLAND AVENUE FROM E. 16TH STREET TO E. 24TH STREET OWNERS NAMES A.P.N. AND ADDRESS 10. 561-274-04 Fred N. Brown Trust P.O. Box 7163 Lincoln Acres, CA 91950 11. 561-311-01 Matthews Inter Vivos Trust 727 Chaparral Hills Road Alpine, CA 91901 12. 561-311-02 Matthews Inter Vivos Trust 727 Caparral Hills Road Alpine, CA 91901 13. 561-311-16 Arturo & Angel Mejia 3212 Menard Street National City, CA 91950 14. 561-311-15 Sardo Living Trust 1805 Torrance Street San Diego, CA 92103 15. 560-382-16 Ruth A. Joy 139 Colbert Drive Spring Valley, CA 91977 16. 560-382-10 Patricia L. Santos 534 Kiley Road Chula Vista, CA 91910 17. 560-382-09 Patricia L. Santos 534 Kiley Road Chula Vista, CA 91910 18. 560-382-15 Atlantic Richfield Company P.O. Box 512485 Los Angeles, CA 90051 2 SITE ADDRESS 2127, 2127A, 2127B, & 2127C Highland Avenue National City, CA 91950 2207 Highland Avenue National City, CA 91950 2209 Highland Avenue National City, CA 91950 2211 Highland Avenue National City, CA 91950 2235, 2239 and 2241 Highland Avenue National City, CA 91950 2304 Highland Avenue National City, CA 91950 2306 Highland Avenue National City, CA 91950 BUSINESS/ HOME/OTHER Homes Business Home Business Business Business Business 2316 Highland Avenue Business/ National City, CA 91950 Parking 2316 Highland Avenue National City, CA 91950 Business CONT. UNDERGROUND UTILITY DISTRICT NO. 21(PHASE 3) HIGHLAND AVENUE FROM E. 16TH STREET TO E. 24TH STREET OWNERS NAMES A.P.N. AND ADDRESS 19. 561-171-18 Equilon Enterprise LLC 1803 Highland Avenue National City, CA 91950 20. 561-271-01 Johnson Family Trust 561-271-02 1237 E. 24th Street National City, CA 91950 21. 561-171-05 International Sign Co. Inc. 3268 Main Street Chula Vista, CA 91911 winston/p3 SITE ADDRESS 1803 Highland Avenue National City, CA 91950 2005 Highland Avenue National City, CA 91950 BUSINESS/ HOME/OTHER Business Business 1835, 1837, 1839 Highland Ave Business National City, CA 91950 3 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT March 21,2000 5 AGENDA ITEM NO. ITEM TITLE RESOLUTION FOR ESTABLISHING DATES FOR PROPERTY OWNERS TO BE READY TO RECEIVE UNDERGROUND SERVICE AND REMOVAL OF POLES AND OVERHEAD WIRES WITHIN DISTRICT NO. 21 (PHASE II), HIGHLAND AVENUE UTILITY CONVERSION FROM 8TH TO 16TH STREETS PREPARED BY Din Daneshfar DEPARTMENT Engineering EXPLANATION SEE ATTACHED (Environmental Review X N/A Financial Statement Funds available in Account 509-500-598-6153 conversion permits )> 598-6150 ($16(940 ION STAFF RECOMMENDA ee for the street light installation are o 109-509-500-598-6153 ($49,983.50)and 301- 6.'0 eq). Funds for residential meter box available in Account No. 001509-500- - AC ounfNo. 4J a Adopt the Resolustabli ready to receive underground and overhead wire. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Map of the District No. 21, Phase II (Exhibit "A") 3. Address List (Exhibit "B") 4. Policy No. 503 (revised) & hing dates for property owners to be service and for the removal of poles Resolution No. 2000-26 21p A-200 (9:80) RE: RESOLUTION FOR ESTABLISHING DATES FOR PROPERTY OWNERS TO BE READY TO RECEIVE UNDERGROUND SERVICE AND THE REMOVAL OF POLES AND OVERHEAD WIRES WITHIN DISTRICT NO. 21 (PHASE II), HIGHLAND AVENUE FROM TO 8TH TO 16TH STREETS JXPLANATION: On January 26, 1999, by Resolution No. 99-12, the City Council approved the establishment of Underground Utility District No. 21 (Phase II) on Highland Avenue from 8th to 16th Streets. In compliance with Section 8 of Ordinance No. 1414, a subsequent resolution is required to set the date the property owners must be ready to receive the underground service, and also the date the utility companies must remove the overhead services. A) Recommendation: 1. Set May 15, 2000, as the date by which owners within underground utility District No. 21 (Phase II) on Highland Avenue from 8th Streets to 16th Street shall be ready to receive underground services. 2. Set July 26, 2000, as the date by which poles, overhead wires, and associated structures shall be removed within underground Utility District 21 (Phase II). A letter will be sent to each property owner and occupant within the District 21 (Phase II) to inform him/her of the City Council's action. B) Financial Impact: The cost of undergrounding overhead utilities (Electric Distribution only) for the second phase along Highland Avenue from 8th to 16th Streets will be paid for out of the Utility Conversion Funds. This cost includes the underground portion of the work for the street lights reinstallation. The installation cost of type LS1B street light standards by San Diego Gas & Electric is estimated to be $30,000 and will be paid for by the City from Gas Tax funds. In accordance with the City council policy, Policy No. 503 (attached), utility conversion funds will also be used for the undergrounding of the private service laterals. However, the property owners, except for residential property owners, will be still required to pay for any required modifications to their meter boxes to accept the underground services. The residential property owners will have an option either to pay for the fifty percent (50%) of the meter box modification cost, or to sign a covenant running with the land form (attached). XXPLANATION - PAGE TWO The City will be responsible for the remaining fifty percent (50a) of the cost which will be paid for out of the general funds. On December 6, 1999 the California Public Utilities Commission approved a Revision to San Diego Gas & Electric Rule 20, Replacement of overhead with underground electric facilities. The revision of Electric Rule 20, requested by the Utilities, gives the Municipalities the "option" to fund the conversion of customers meter panel cost, excluding permit fees as part of the city's allocation costs. The City will be responsible for the permit fees, if any required, for the residential properties out of the general funds. According to San Diego Gas & Electric the cost for the conversion of electric meter panels will vary between $300.00 - $2,500.00. The amount to be reimbursed will be determined up -front by the City. This amount will be reviewed and mutually agreed upon with San Diego Gas & Electric. The attached address list indicates the affected properties along Highland Avenue between 8th and 16th Streets. All of the vacant lots will have stubbed underground utility service lines to the property line. RESOLUTION NO. 2000- 26 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING DATES FOR PROPERTY OWNERS TO BE READY TO RECEIVE UNDERGROUND SERVICE AND REMOVAL OF POLES AND OVERHEAD WIRES WITHIN DISTRICT 21 WHEREAS, on January 26, 1999, by Resolution No. 99-12, the City Council approved establishing Underground Utility District No. 21 (Phase II) on Highland Avenue from Eighth Street to Sixteenth Street; and WHEREAS, in compliance with Section 8 of Ordinance No. 1414, and Resolution No. 99-12, a subsequent resolution is required to set the date the property owners must be ready to receive underground service, and also the date the utility companies must remove the overhead services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: 1. That May 15, 2000 is established as the date by which property owners within Underground Utility District No. 21 on Highland Avenue from Eighth Street to Sixteenth Street shall be ready to receive underground service. 2. That July 26, 2000, is established as the date by which poles, overhead wires and associated structures shall be removed within Underground Utility District No. 21 on Highland Avenue from Eighth Street to Sixteenth Street. BE IT FURTHER RESOLVED that a letter shall be sent by the City Engineer to each property owner and occupant within this district to inform him/her of the City Council's action. PASSED and ADOPTED this 21g day of March, 2000. George H. Waters, Mayor Al'1EST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 11 I I 1► ► I II STREET 9TH STREET u 8th 520 843 910 935 PLAZA LJ l5TH W z W J 1000 1020 = 1030 1050 A-E EXHIBIT "Au UNDERGROUND UTILITY DISTRICT NO. 21 PHASE 2 HIGHLAND AVE. FROM E.BTH ST. TO E.I6TH ST. LEGEND: - - - BOUNDARY OF UNDERGROUND UTILITY DIST.21 PHASE 2 2/15/2000 16th M STREET L.i STREET 14:- 1 /.2^ 1498 1440 4. 3 II436 I ;444 1441, 15361528 1542 1548 545 9TH STREET 903 905 907 909 911 9915 17 927 933 933A 943 0 13 11, 000 0 r- BLVD. — '1019 IOSK - 2:3 :C:33 ;37 :039 �43 i'3 :129 :14+: 1201 1205 La1 z W Q z Q J • I6331639 1231 1235 1241 1243 12TH ST gum opiiii 245 • Id) 1266' 1247 1309 1 132913] 1333 13 455 1 1401 1403 1411 1425 14271 I4VA.V.C..11 14C9 1441 1515 1519 1533 15TH STREET 11111111111111111 MINIM J AVENUE 13TH ST 16th 1611 STREET W z W a K AVENUE ST 17th I I I EXHIBIT "B" UNDERGROUND UTILITY DISTRICT NO.21 (PHASE II) HIGHLAND AVENUE FROM E. 8TH STREET TO E. 16TH STREET OWNERS NAMES AND BUSINESS/ A.P.N. ADDRESSES SITE ADDRESS HOME/OTHER 1. 556-492-15 A. L. Houser Jr., TR 820 Highland Avenue Vacant Lot 3210 Xenophon Street San Diego, CA 92106 2. 556-492-17 Title Insurance & Trust Co. TR. 910 Highland Avenue Business and 18 Wells Fargo Bank TR P.O. Box 1150 San Diego, CA 92112 3. 556-510-05 Sidney W. Jr. and Eugenia M. Jones 845 Highland Avenue Business 845 Highland Avenue National City, CA 91950 4. 556-510-06 Allen G. Braudaway TR. C/O Melaine G. Oliver 3477 Arthur Avenue San Diego, CA 92116 5. 556-510-07 Carl E. & Eula Jackson 933 Highland Avenue National City, CA 91950 903, 905, 907, 909, 911, 913 & 917 Highland Avenue Business 927 Highland Avenue Business 6. 556-510-35 Firestone Real Estate Leasing Co. 943 Highland Avenue Business C/O Firestone Tire & Rubber Co. 50 Century Boulevard Nashville, TN 37214 7. 556-560-43 Robert L. Shapiro Family Trust 1000 Highland Avenue Business 1827 Main Street San Diego, CA 92113 8. 556-560-44 Mitchell Investments 1020, 1030 and 1050 Business 1827 Main Street (A thru E) San Diego, CA 92113 A.P.N. OWNERS NAMES AND ADDRESSES 9. 561-131-06 Telaco Housing National City Inc. 5400 E. Olympic Boulevard #300 Los Angeles, CA 90022 10. 560-131-08 George H. & Victoria Waters 1342 Carol Pl. National City, CA 91950 11. 560-131-09 George H. & Victoria Waters 1342 Carol Pl. National City, CA 91950 12. 560-131-19 Epstein Investments 26 Bahama BND Coronado, CA 92118 13. 560-131-31 Florino P. & Corazon R. Agpaoa, Ferdinand R. & Nancy S. Agpaoa, Rodel R. Agpaoa 1442 Highland Avenue National City, CA 91950 14. 561-011-08 Max Nelson TR. and Ruth R. Nelson TR. 2555 Clove Street San Diego, CA 92106 15. 561-011-10 Philip and Katherine Acquaro 1293 Rippey Street El Cajon, CA 92020 16. 561-011-11 Robert G. & Florence G. Crick P.O. Box 8009 Rancho Santa Fe, CA 91910 2 BUSINESS/ SITE ADDRESS HOME/OTHER 1424, 1426 and 1428 Vacant Lot Highland Avenue VACANT LOT FOR FUTURE UNDERRGROUNDING 1440 Highland Avenue Vacant Lot 1436 Highland Avenue Business 1528 and 1536 and 1542 Highland Avenue Business 1442, 1444, and 1446 Highland Avenue 1205 Highland Avenue 1231,1235, 1241,1243 Business SERVICE SET UP UTILITY WILL RECONNECT Business Business 1245, 1245A, 1245B, 1247 Business and (Suites 1 through 8) also #807 E. 13th Street OWNERS NAMES AND BUSINESS/ ADDRESSES SITE ADDRESS HOME/OTHER 17. 561-013-12 Freddie & Penelope Evarkiou Tr. 1441 Highland Avenue Business 3590 Front Street, #J San Diego, CA 91950 18. 561-013-13 Freddie & Penelope Evarkiou Tr 1429 Highland Avenue Business 3590 Front Street, #J PARKING LOT San Diego, CA 91950 FOR FUTURE UNDERGROUNDING 19. 561-013-14 Romulo V. & Eleanor B. Macaraig 1425,1427 & 1427 (ABCD) Apartments 16113 Woodruff Avenue #10 Bellflower, CA 90706 20. 561-013-17 George A. Ury, Tr. 511 Highland Avenue National City, CA 91950 1343,1345,1343A Business Home @ 1343A 21. 561-013-18 George A. Ury, Tr. 1329,1333, 1335, 1335A & Business 511 Highland Avenue 1335B Highland Avenue SERVICE SET UP National City, CA 91950 UTILITY WILL RE -CONNECT 22. 561-013-21 Batia Kvashny 1309 Highland Avenue Business 1309 Highland Avenue National City, CA 91950 23. 561-013-22 Joseph and Rosa Rangel 1401, 1403 and 1417 Business 16 Kingswood Drive SERVED FROM Chula Vista, CA 91911 BEHIND FROM PARKING LOT FOR UNDERGROUNDING 24. 561-040-02 Grace B. York 1533 Highland Avenue Business 2896 PGA Boulevard SERVICE SET UP Navarre, FL 32566 UTILITY WILL RE -CONNECT 25. 561-040-03 Bernice G. Shidler Tr. 1519 Highland Avenue Business 1115 E. 6th Street National City, CA 91950 3 OWNERS NAMES AND BUSINESS/ A.P.N. ADDRESSES SITE ADDRESS HOME/OTHER 26. 561-040-04 Harold L. Carlson 1515 Highland Avenue Business 5106 Federal Boulevard #107 San Diego, CA 92105 27. 561-060-07 Andrew M. & Laydis S. Soto 1611 Highland Avenue Business 1611 Highland Avenue National City, CA 91950 28. 561-060-08 Jose and Gloria Corral -Alarcon 1633, 1639 Highland Ave. Business 311 Averil Road San Ysidro, CA 92173 29. 556-590-61 Cal -American Income 2029 Century Prk E. #1550 Los Angeles, CA 90067 30. 560-131-19 Epstein Investments P.O. Box 428 Wichita, KS 67201 WT:JHA2 DIST21 4 1019 Highland Avenue Business 1548 Highland Avenue Business CITY COUNCIL POLICY TITLE: POLICY FOR THE UNDERGROUND CONVERSION OF POLICY OVERHEAD UTILITY LINES ON PRIVATE PROPERTIES NUMBER:' 503 ADOPTED: June 6, 1995 AMENDED OR • REVISED: August .1. 1995 I. Purpose The purpose of this policy is to establish: a. A policy for the use of utility conversion funds for the conversion of the residential and non-residential customer's service laterals. b. A policy for a 50/50 program for the use of the City's funds to modify the residential electric meter boxes. II. Definition a. Residential: For the purposes of this policy residential use is defined as any type of residential use of the property at the time that physical underground conversion construction began. b. Non -Residential: For the purposes of this policy non-residentials use is defined as all other uses other than residential. III. General Provisions 1. Private Service Lateral Conversion: a. Funding shall be limited to facilities which the customer traditionally supplies and installs, such as trenching and conduit from property line to the point of connection. b. Funding shall not exceed the estimated cost of trenching and conduit installation for up to 100 feet of the private service lateral. 2. Electric Meter Box Conversion: a. The 50/50 program shall apply only to the residential use properties. 1 CITY COUNCIL POLICY TITLE: POLICY FOR THE UNDERGROUND CONVERSION OF POLICY OVERHEAD UTILITY LINES ON PRIVATE PROPERTIES NUMBER:. 503 ADOPTED: June 6, 1995 AMENDED OR REVISED: August .1, 1995 • b. The property owners shall be responsible for 50% of the cost of the meter box modification. 3. The property owners will have the following options: a. The property owners will be responsible for installing the service lateral and converting the electric meter box. The City will reimburse the property owners for the service lateral at an established rate, and reimbursed the property owners for 50% of the meter box conversion cost. b. The City will install the service lateral and convert the electric meter box. The property owner will be required to provide the City with permission to enter the property to do the work. The property owner will also be required to either reimburse the City for 50% of the meter box conversion cost, or sign an Agreement and a Covenant Running with the Land in substantially the from set forth in Exhibit "A". 4. If a property owner decides not to cooperate, the utility service may be terminated. IV. implementation Procedure: A. Work performed by the property owner: 1. RESIDENTIAL: a. The use of utility funds to convert private laterals shall be recommended by the City Engineer. b. The City Engineer shall determine the length of lateral (trenching and conduit that is (1) eligible for utility funding for each property within the conversion district and (2) the length of conduit and wire that the appropriate cable company will provide free of charge to each residential property. 2 City of National City CITY COUNCIL POLICY TITLE: POLICY FOR THE UNDERGROUND CONVERSION OF • POLICY OVERHEAD UTILITY LINES ON PRIVATE PROPERTIES NUM 9 E R :' 503 ADOPTED: June 6, 1995 • AMENDED OR REVISED: August .1, 1995 c. The City Engineer shall agree on a "reasonable" cost per linear foot of lateral conversion. d. The City Engineer shall agree on the proportional split each utility is to bear for conversion of the service laterals. e. All owners within the conversion district shall be informed of the utility fund amount proposed to be reimbursed prior to the public hearing on the conversion district formation. f. Council shall set the limit for each amount of reimbursement to be applied to each service lateral by resolution. The amounts shall be those recommended by the City Engineer or as amended by the Council pursuant to public hearing deliberations. g. Utility companies shall pay the City the total proportional shares specified in "e" above when: 1. All of the customers have satisfactorily completed their service lateral conversions. 2. The electric metering equipment has passed a City inspection certifying it is ready to receive underground service. h. The City shall then pay: 1. Amount of reimbursement due each property owner after receipt of funds from the utility companies for converting private laterals. 2. 50% of the amount of the reimbursement due each residential property owner for modifying the electric meter boxes. The owner shall be required to pay the other one-half . 3 "I•.. _� ►��•i__..� i►t•.. CITY COUNCIL POLICY TITLE: POLICY FOR THE UNDERGROUND CONVERSION OF • POLICY OVERHEAD UTILITY LINES ON PRIVATE PROPERTIES NUM 8 E R : 503 ADOPTED: June 6, 1995 AMENDED OR REVISED: August .1. 1995 2. NON-RESIDENTIAL: a. The procedure shall be in accordance with sections (IV.A.1.a) thru (IV.A.I.h.l specified above. b. The property owners shall be responsible to pay for 100% of the cost for modifying their electric meter boxes. B. Work performed by the City and its Contractor: a. The City will prepare plans, specifications, and cost estimates for converting all of the private service laterals for residential and non-residential properties and modifying the electric meter boxes only for the residential properties. b. The City shall pay for the one half (50%) cost of the meter box modification for the residential properties. c. The City shall give the following options to the residential property owners to pay for their share of the modification cost of electric meter boxes (50%). 1. Reimburse the City for 50% of the cost to convert the electric meter box, following the completion of the work, and upon receipt of the Invoice. 2. Sign a Covenant Running with the Land form (attached, Exhibit «A„ d. The City shall inspect the electric metering equipment which is installed by non-residential property owners to certify if it is ready to receive underground service. 4 r`.Ifv of 11..1ft inner r`Ity CITY COUNCIL POLICY TITLE: POLICY FOR THE UNDERGROUND CONVERSION OF. • POLICY OVERHEAD UTILITY LINES ON PRIVATE PROPERTIES NUMBER:' 503 ADOPTED : June 6, 1995 AMENDED OR • REVISED: August .1 1995 NOTES: 1. The service lateral shall be defined as: trenching, backfill, and any necessary conduit from the customer's property line to the underground sweep at the base of the customer's termination facility. In those cases where the service conduit enters the customer's building, the service lateral will terminate at the point where the conduit enters the building. cep 2. For the purpose of this policy utility is defined as any company providing electric, telephone communication, cable television and data transmission services. 5 EXHIBIT "A" COVENANT RUNNING WITH THE LAND This COVENANT is made by hereinafter referred to as "OWNER". WHEREAS OWNER is the owner of that certain real property located in the City of National City. County of San Diego. State of California. described as follows: WHEREAS. OWNER'S real property is located within an underground utility district. Whereas, said owner desires a deferment from paying to install the following improvements: The electric meter box in conjunction with an underground utility conversion project. NOW. THEREFORE. in consideration for the granting of a deferral to install said improvements by the City Council of the City of National City. said Owner covenants for Owner and his/her 'theirs. heirs, successors. assigns executors and administrators as follows: l . .- _ The City or its Contractor will have permission to enter the property and perform all of the necessary work. �. The property owner(s) shall pay 50% of the cost of the meter box modification in conjunction with the underground utility conversion project prior to the transfer of the ownership of the real property. 3. If the property owner decides not to comply with the terms of this agreement the utility service will he disconnected by the City at the Owner's expense. 4. This covenant shall be recorded. . Date: City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 2000 6 AGENDA ITEM NO. ITEM TITLE AWARD OF CONTRACT FOR A SEWEJR FLOW STUDY TO MGD TECHNOLOGIES INC. PREPARED BY T. McAvoy EXPLANATION See attached explanation. DEPARTMENT Public Works Environmental Review X N/A Financial Statement Funding resides in current year : e er Division appropriated budget. A count No.125-422-222-29 STAFF RECOMMENDA ON Adopt Resolution awarding c tract to MGD Technologies Inc. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 2000-27 Contract with MGD Technologies Inc. A-200 (9/80) AWARD OF CONTRACT FOR A SEWER FLOW STUDY TO MGD TECHNOLOGIES INC. Explanation: The City of National City has received requests and inquiries concerning the purchase of excess sewer capacity, and we have secured the services of a consultant to verify that we have capacity for sale or lease and to determine what the market value of this capacity may be. This contract is a necessary piece of the effort to determine the amount of capacity, which may be available for sale or lease. The City. of San Diego currently provides metering of system flows originating in National City and flowing through National City. They have not provided us with the necessary data to validate their sewer flow readings, and questions exist as to the accuracy of their readings and the methodology they employ in calculating flows attributable to National City. There are only two companies which perform the type of flow, monitoring and reporting service needed. The first is ADS, which is under contract to the City of San Diego to perform their flow monitoring in support of the Metro Sewer operations. We cannot ask ADS to study and validate system flows on our behalf since this would be a conflict of interest. The other sewer flow monitoring company is MGD with whom we wish to enter into this contract. For this reason, we ask that the normal bidding requirements be waived and that a sole source contract for services associated with the attached proposal are $25,650.00 be awarded to MGD Technologies. RESOLUTION NO. 2000- 27 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND MGD TECHNOLOGIES, INC. FOR A SEWER FLOW STUDY WHEREAS, the City of National City desires to employ a consultant to perform a sewer flow study needed to verify the accuracy of the metering of sewer system flows currently performed by the City of San Diego; and WHEREAS, ADS Environmental Services, Inc. and MGD Technologies, Inc. are the only two companies that perform the type of sewer flow monitoring and reporting services needed; and WHEREAS, since ADS Environmental Services, Inc. is under contract to the City of San Diego to perform their sewer flow monitoring in support of the Metro Sewer operations, it would be a conflict of interest for them to be hired by the City of National City. WHEREAS, pursuant to Section 12.60.220(D) of the National City Municipal Code, the Purchasing Agent may dispense with the requirements of the bidding process when the City Council determines that due to special circumstances, it is to the City's best interest to purchase a commodity or enter into a contract without compliance with the bidding procedure. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City finds special circumstances to exist, and hereby authorizes the Purchasing Agent to waive the bidding process, and awards an agreement to MGD Technologies, Inc. to perform a sewer flow study. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21st day of March, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: ZsZ George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MGD TECHNOLOGIES, INC. THIS AGREEMENT is entered into this day of by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and MGD TECHNOLOGIES, INC. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide measurements of sanitary sewer flows in select locations. WHEREAS, the CITY has determined that the CONTRACTOR is a expert consultant and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all 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 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 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 or increase 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 or increase in the compensation associated with said change in services, not to exceed a factor of 30 % from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Joe Smith hereby is designated as the Project Coordinator for the 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. Mike Metcalf thereby is designated as the Project Director for the CONTRACTOR. 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 shall not exceed the schedule given in Exhibit A (the Base amount) 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 Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit A . 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR assigns to the CITY and thereby expressLy waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CTTY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CTTY's purposes, and the CONTRACTOR expressly waives and Page 2 Revised 5/99 disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 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 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 assigned by the CONTRACTOR without the prior written consent of the CITY. 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 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, whether now in force or subsequently enacted. The CONTRACTOR, and its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. Page 3 Revised 5/99 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. A. The CONTRACTOR, in performing any 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. The CITY expects that the CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. The CONTRACTOR warrants to. the CITY that it is not now, nor has it been for the five (5) years preceding, involved in arbitration or litigation concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will not discriminate against any employee or applicant for employment because of age-, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The 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. Page 4 Revised 5/99 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRAC- TOR 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 postession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The 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. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND 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 all claims, demands, suits, actions, proceedings, costs or attorneys' 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 this Agreement. 15. 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 Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings 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. Page 5 Revised 5/99 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain throughout the term of this agreement, the following insurance policies: A. Professional liability insurance with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of ,$1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. 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. D. Workers' compensation insurance covering all of its employees and volunteers. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. 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. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. I. 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 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. _ 17. 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 from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall Page 6 Revised 5r99 not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. 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. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. Page 7 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail. facility, (iii) . if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Tom G. McCabe City Manager City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Mike Metcalf MGD TECHNOLOGIES, INC. 9815 Carroll Canyon Road, Ste 200 San Diego, CA 92131-1123 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. _ 21. 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 also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. 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 Page 8 Revised 5/99 interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Tune Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. • B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. 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, 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 Page 9 Revised 5/99 r e-m- lb-e0m1 14:54 P.02 of any party hereto shall be of any effect unless h 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 ding, 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 arch other professional advisors as such party has deemed appropriate, rdative 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 timer into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambigtdties are to be t esoived against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WTTNFSS WHEREOF, the parries hereto have executed this Agreement on the date and year fiat above written. CITY OF NATIONAL CITY By: George H. Waters, Mayor APPROVED AS TO FORM: George H. Elscr, III City Attorney Page 10 CONTRACTOR By: (Title) Male) P r. )e :ice I itc.i,.e snv TOTAL P.02 Exhibit A UNDERSTANDING OF THE PROJECT MGD Technologies' (MGD) understands that the City of National City's Public Works Department desires to measure wastewater flow rates at four (4) key sites in the City. This information will be used to quantify the amount of wastewater flow conveyed to the City by other cities and the amount of flow conveyed by the City to the City of San Diego. This will identify the net flow passed to the City of San Diego that the City is financially responsible for. In order to help the City understand the amount of flow being passed between the involved parties and the City of San Diego, MGD proposes to install flow meters at these four (4) key sites; identified as NC3, NC5, NC7 and NC10. The presently installed flow monitors at these sites are currently obtaining data. However, the City does not control these monitors and we understand that the City is concerned about the quality of this data, particularly at site NC3 where the hydraulics in this large line (30" diameter) are extremely complicated. The currently installed meter technology will have problems measuring flow rates accurately in this difficult hydraulic environment NC3 is a critical location for the City as it transports the bulk of flow conveyed from the City to the City of San Diego. To insure accurate data at NC3, MGD proposes to install our ADFM Velocity ProfilerTM (ADFM) at this site. The ADFM is unique because it is the only Doppler flow meter that uses velocity profiling technology to accurately measure flow rate. This technology is not susceptible to the sources of measurement error that traditional Doppler systems suffer from when installed in large pipes. In addition, the ADFM does not require an in -situ calibration. The presently installed technology requires a large amount of manual calibration because of this technology's inherent technical limitations, particularly in large pipes. The ADFM is virtually maintenance free. At the remaining three sites MGD proposes to use traditional flow monitoring technology because of the small line sizes. However, MGD will visit and calibrate each site on a weekly basis to insure the highest quality flow data. In order to obtain a solid understanding of the flow rates at these sites, and to quantify the net flow, MGD will monitor the four (4) sites for a total of three months (90 days). CITY RESPONSIBIUTES The City shall provide the following in advance of MGD field activities to accomplish the base scope of service: v field locate and open manhole cover(s) at proposed flow monitoring location(s) m clearing of debris, if necessary, at proposed flow monitoring location(s) engineering maps of the monitoring location(s) shall be provided to MGD » a list of the monitoring location(s) with pipe diameter identified shall be provided to MGD at least 1-week prior to mobilization to the project site (imperative for preparing sensor flow monitoring equipment) The City shall provide the following at the time of MGD field activities to accomplish the base scope of services: n access for MGD field crew to flow monitoring location(s) SCOPE OF SERVICES MGD Technologies Inc. The services to be performed by MGD will include the following: n provision of MOD -owned sewer flow monitoring equipment to measure sanitary sewer flows for a period of one month. This will include MGD's ADFM to be installed at NC3. » provision of a 2-person MGD field crew: D for site investigation and preparation D for limited traffic control (cones and signs) D for installation and programming of flow monitoring equipment for data collection immediately after flow monitor equipment installation and at end of each 7-day interval for removal of flow monitoring equipment n data processing, analysis, and reporting DELIVERABLES MGD wW deliver the following: D two (2) Copies of a flow monitoring data report which will include hydrographs of the data (flow rate, average velocity, and depth) in 1-hour increments; tabular output of the data in 1-hour increments induding daily average, peak flow rate, and minimum flow rate; electronic version of all data in 15-minute increments, provided in a CSV format. n Comparative analysis of data obtained by MGD and data obtained by the presently installed flow monitors at all sites. This analysis will indude an assessment of the quality of the data from each flow monitor. This analysis will be included in the main report. FLOW MONITORING EQUIPMENT MOD will install the ADFM at NC3, and possibly at NC5, depending on the NC5 flow conditions. At the remaining sites, the flow monitoring equipment provided by MGD shall be open channel sewer flow monitors. We shall use flow monitors equipped with both depth and velocity measuring sensors. The depth sensor shall be ultrasonic, bubbler or pressure, determined by MGD, dependent upon site -specific hydraulic and physical conditions. The velocity sensor shall be ultrasonic and operate with continuous wave Doppler technology. All flow monitors provided by MGD shall be self-contained and operate with battery power. The flow monitors provided by MGD will be programmed to record measured flow depth and velocity at 5-minute intervals. SAFETY MGD shall assign personnel to the project who are trained in flow monitoring, familiar with working in the field, trained in safe traffic control, and certified confined space access procedures. MGD Technologies Inc. A 2-person field crew is nominally required for safe confined space access (manhole entry) per AZ - OSHA and OSHA regulation. MGD will provide limited traffic control setup with cones and signs, as required. MGD shall be fully responsible for its own safety while on the job. MGD personnel shall comply with City, County, State and Federal requirements. SPECIFIC EXCLUSIONS MGD specifically excludes the following work tasks necessary to accomplish the base scope of service: D heavy traffic control is NOT provided by MGD. Heavy traffic control includes light arrow boards, cones, traffic plans, etc. searching for manhole(s) uncovering manhole(s) field visit(s) to the flow monitoring location(s) between scheduled visits D moving flow monitors once installed D provision of more than a 2-person field crew D permits, fees, license, etc. required by the City n data loss due to events beyond MOD's control Should the City require that MGD perform tasks not listed in the Scope of Work or perform tasks listed under Specific Exclusions, MGD will bill the City for these tasks at our standard Time and Materials rates. MGD will not undertake any additional tasks without prior authorization from the City. FEE SCHEDULE MGD's fee for the flow monitoring services described in this proposal is$25,650.00, lump sum. At the end of the initial monitoring period, the City may elect to continue monitoring on a monthly basis, at a rate of $5200.00 per month, lump sum. MGD will generate and submit monthly invoices based on MGD's calculated percentage of work completed. At the end of the project an invoice for any remaining value of the contract will be submitted. If the City decides to convert the ADFM at NC3 into a permanent installation, the balance due will be 515,500.00, lump sum. At the end of the initial 90-day monitoring period MGD will inspect the installation, and make any required changes to insure that the system is properly installed as a permanent site. MGD will provide the City with WrnADFM, the ADFM proprietary software package, as well as all Technical Manuals. In addition, MOD will provide one (1) day of training on the operation, data collection and analysis of ADFM data. if the City wishes to install AC power and telemetry, MOD can provide a price quote for these services at that time. WORK SCHEDULE MGD Technologies Inc. n MGD will coordinate the commencement of work with the City upon receipt of a written Notice -to -Proceed (NW) D a work schedule for flow monitoring installation, data collection, flow monitoring removal and data submittal will be determined and submitted upon receipt of NTP. MGD Technologies Inc. Liability Insurance Policy Period: Effective Date: Policy Number: Insured: Name of Company: Date Issued: Endorsement: 03/27/99 TO 03/27/00 03/10/00 BAP00731496646-64 MGD TECHNOLOGIES, INC. FEDERAL INSURANCE CO. 03/13/00 This Endorsement applies to the following forms: GENERAL LIABILITY Who Is Insured Owners, Lessees Or Contractors Under Who Is Insured, the following provision is added: Any person or organization designated below is an Insured, but only with respect to their liability as owner, lessee or contractor arising out of your ongoing operations performed for that insured. Designated Owner, Lessee Or Contractor CITY OF NATIONAL CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES All other terms and conditions remain unchanged. Authorized Representative .A•eTher`f7,-;4k, Liability Insurance Form 80-02-2305 (Ed. 4/94) Additional Insured - Owners, Lessees Or Contractors last page Endorsement Page 1 tt f tJ ;- .f yaC P • { ,. ..L�e. .rl�'-�1x�'� sr.... ,�Yv2n t's;:\i�-���t.0 n.. PRODUCER Barney & Barney, LLC-CA Lic0C03950 Barney & Barney, Inc -CA Lic0C24310 P.O. Box 85638 San Diego, CA 92186-5638 (858) 457-3414 Mst#: 4736 SyS�::: bC '. ;t JS c - - :.,a - �.: .. . tr ,!Wt •c ,-' issue DATE iMmkinfYY'..' fly �F � € �',.'�u ar •,-- �� 3 � THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOR T1ON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIESBELOW. COMPANIES AFFORDING COVERAGE CHUBB—FEDERAL INSURANCE CO CMAPANYLETTER COMPANY B 3700-FREMONT INDUSTRIAL INDEMNITY LETTER LErrER CO INSURED TECHNOLOGIES, INC. 9855 BUSINESS PARK AVENUE SAN DIEGO CA 92131 LYC NO COVERAGE ON THIS DOCUMENT cotAPANYD NO COVERAGE ON THIS DOCUMENT LETTER E NO COVERAGE ON THIS DOCUMENT LETTER 2.t6).` _," , .. _ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE BELOW HAVE NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED . bN :9'.1: BEEN ISSUED TO THE INSURED CONTRACT OR OTHER POLICIES DESCRIBED HEREIN BY PAID CLAIMS. NAMED ABOVE FOR THE POLICY PERIOD INDICATED. DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND UR TYPE OF INSURANCE POLICY NUMBEREFF DATE (MINIM/VT) DATE WM/TT) UNITS AM GENERAL LIABILITY COMMERCIAL GENERAL LABILITY 3525-90-64 03/27/00 03/27/01 GENERAL AGGREGATE $* 3, 0 n 0, O n n PRODUCTS-COMP/OP AGG. S* 1, 0 0 0, 0 n n CIANSMADE[X 1 O0C11Rl PE`SONA1-&ADV1NjURY S*1, 000, 000 OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE s * 1, 0 0 0 0 0 Q RRE DAMAGE ony one firo , s * *.* * * * * * * 0 MED. EXPENSE (Arlene pe'm/El* * * 10 0 0 0 , *1- 000, 000 A - AUTOMOBILE x IJABIUTY ANY AUTO ALL OWNED AUTOS L EAUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY BAP00731496646-64 03/27/00 03/27/01 LIMIT maxiBINmaxi. ��c- BODILY INJURY .> __ '-•,'S T - _- 01 O'er Person)SCHEDULE _::.. X g?LYE =_= �s `` *y`.*******0, S " *i•*******0 S * * * * * * * * * 0 PROPERTY • • N EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM NO COVERAGE EACH OCCURRENCE AGGREGATE s * * **** 3 w . B WORKER'S COMPENSATION AND EMPLOYERS' UABRJTY JY522832-1 03/27/00 03/27/01 STATUTORY UMITS S*1,000r000 S* 1, 000, 000 EACHACCIDENT DISEASE -POLICY LIMIT DRFasF-EACH EMPLOYEE S*J 000 OTHER NO COVERAGE TDDp, DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I SPECIAL ITEMS RE: FLOW MONITORING CiERTIIriATE17VLUtFi CITY OF NATIONAL CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES 210 0 HOOVER AVENUE NATIONAL CITY CA 91950-6530l 1 ACORD 25S (T/90) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO " MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE e ®ACORD CORPORATION MO ----....1,.. •.. •r.r1ur,r LIAI ur-rncrl TUC ATTA f•LICra CkIrW fCrMFNT City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 03/21/00 AGENDA ITEM NO. 7 / ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY EXTENDING THE AMBULANCE SERVICES AGREEMENT PREPARED BY Randy Kimble, Fire Chief DEPARTMENT EXPLANATION HISTORY: Fire Fire Department staff has been working on establishing agreements associated with the proposed Firefighter Paramedic First Responder Program, which requires establishing or amending several agreements including the City's current Ambulance Services Agreement. Tentative agreements had been reached with all parties, except with the National City Firefighters' Association. Additional time was needed to address the issues related to the Labor Agreement so the Ambulance Services Agreement was extended to a six (6) month period beginning October 1, 1999 and expiring March 31, 2000. The labor issues have not been resolved, but discussions are continuing. CURRENT STATUS OF THE AMBULANCE SERVICES AGREEMENT: American Medical Response (AMR) has requested that the current Contract be extended for a six (6) month period to allow them time to re-evaluate the proposed agreement that was tentatively agreed upon in July 1999. This is a reasonable request and could benefit both parties. Environmental Review X N/A Financial Statement Approved By: Finance Director No financial impact; the Ambulance Services Agreement is a fee for service with no City revenue subsidy. Account No. STAFF RECOMMENDATION It is recommended that the term of this Agreement be extended for a period of six (6) months beginning April 1, 2000. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 2000-23 1. Resolution authorizing the Mayor to sign an amendment to the current Ambulance Services Agreement. 2. Amendment to the current Ambulance Services Agreement. RESOLUTION NO. 2000-28 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND MED-TRANS, dba AMERICAN MEDICAL RESPONSE (FORMERLY HARTSON MEDICAL SERVICES) FOR BASIC AND ADVANCED LIFE SUPPORT SERVICES WHEREAS, on October 1, 1987, the City and Hartson Medical Services ("Hartson") entered into an agreement entitled "Agreement Between the City of National City and Hartson Medical Services for Basic and Advanced Life Support Services". Said Agreement has been assigned to Med-Tans, dba American Medical Response ("AMR"); and WHEREAS, the term of said Agreement has subsequently been extended from time to time, with the current term of said Agreement to expire on March 31, 200; and WHEREAS, the City and AMR now wish to amend Section 17 of said Agreement, concerning the extension of the term of said Agreement, to permit the City to extend the Agreement for an additional six-month period. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Amendment to the Agreement between the City of National City and AMR for Basic and Advanced Life Support Services. Said Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21st day of March, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney� Ru . o -` ' r decky, Esq. Senior Assistant City Attorn AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN MEDICAL RESPONSE, FORMERLY HARTSON MEDICAL SERVICES (MED-TRANS), FOR BASIC AND ADVANCED LIFE SUPPORT AMBULANCE SERVICE This Amendment to Agreement is entered into this day of March 2000, by and between the City of National City ("CITY") and Med-Trans, a California limited partnership, dba American Medical Response ("AMR"). RECITALS A. WHEREAS, on October 1, 1987, CITY and HARTSON MEDICAL SERVICES entered into an agreement entitled "Agreement between the City of National City and Hartson Medical Services for Basic and Advanced Life Support Services"; and B. WHEREAS, said agreement has been assigned to Med-Trans, dba American Medical Response ("AMR"); and C. WHEREAS, the term of said Agreement has been subsequently extended from time to time with the current term of said Agreement to expire on March 31, 2000; and D. WHEREAS, the CITY and AMR now wish to amend Section 17 of said Agreement, concerning the extension of the term of said Agreement. NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, CITY and AMR agree to amend Section 17 of the "Agreement between the City of National City and AMR for Basic and Advanced Life Support Services," to include the following language: EXTENSION: The term of this Agreement shall be extended for a period of six (6) additional months beyond the current expiration date of March 31, 2000. Except as otherwise provided herein, all of the provisions of the Agreement for Basic and Advanced Life Support Services between the City of National City and Hartson Medical Services, dated October 1, 1987, and amended on May 21, 1996, and which has been assigned to Med-Trans dba American Medical Response, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first herein set forth. -- Signature Page to Follow -- First Amendment to Agreement Basic & Advanced Life American Medical Response Support Ambulance Service CITY OF NATIONAL CITY MED-TRANS dba AMERICAN MEDICAL RESPONSE By: By: George H. Waters, Mayor David Mintz, C.E.O., Southern California Region APPROVED AS TO FORM: George H. Eiser, III City Attorney Page Two of Two First Amendment to Agreement Basic & Advanced Life American Medical Response Support Ambulance Service City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 21 2000 AGENDA ITEM NO. 8 ITEM TITLE RESOLUTION AUTHORIZING THE CITY OF NATIONAL CITY TO TRANSFER ITS SHARE OF FY 1999/2000 JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT FUNDS TO THE COUNTY OF SAN DIEGO. PREPARED BY DEPA TMENT A.L. DICERCHIO, Chief of Police ,;` Police Department EXPLANATION The Federal Office of Juvenile Justice and Delinquency Prevention (OJJDP) has made Accountability Incentive Block Grant funds available through the California Office of Criminal Justice Planning (OCJP). The San Diego region will obtain a total of $1.1 million to be distributed proportionately to the various law enforcement agencies based on a formula using law enforcement expenditures and crime arrest data for each unit of local government. The FY 1999/2000 allocation for the City of National City $25,378, with a cash match of $2,820. There are several purpose areas established by OJJDP for the spending of the allocated money. The San Diego County Board of Supervisors has proposed that each local entity transfer their share of the funds to the County of San Diego. The County would meet the ten percent cash match requirement for each agency. Last year, National City and 9 other cities committed their JAIBG allocations to the county for use in updating the Regional Juvenile Information System mainframe computer (REJIS) and enhancing the electronic transfer of information among law enforcement, schools as well as County Departments dealing with juveniles in the justice and dependency systems. (continued on page 2) Environmental Review )0( N/A Financial Statement There will be no cost to the City of National City. The County of San Diego will nay the matching funds (City' s al1 cat, on is $25 , 3 with a cash match of $2,820). STAFF RECOMMENDATION Approve the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Account No. Resolution No. 2000-29 A-200 (9/80)- COUNCIL AGENDA STATEMENT RESOLUTION AUTHORIZING THE CITY OF NATIONAL CITY TO TRANSFER ITS SHARE OF FY 1999/2000 JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT FUNDS TO THE COUNTY OF SAN DIEGO PAGE 2 Under the County of San Diego's current proposal they are planning to spend the 1999/2000 JAIBG funds for the following. 1. Completing juvenile justice automation efforts, which will include a web - based link between the juvenile court, local schools and law enforcement, to share probation order and school performance data electronically. 2. Development and implementation of two Community Assessment Centers (one in mid -City San Diego and one in Oceanside) where law enforcement can bring delinquent and truant juveniles. At this facility, probation officers will conduct needs and treatment assessments. This model, which is working effectively in communities around the county, will allow law enforcement to quickly handle juvenile incidents by reducing the hours needed for transportation to juvenile hall or waiting for parents. 3. Increasing cooperation and communication between law enforcement, schools and the Probation Department by locating eight probation officers within police facilities countywide. In this program, known and the CROP program, these probation officers will provide a critical liaison between local law enforcement, schools and probation. The interest of the National City Police Department correlates with that of the county. Based on economy of scale NCPD realizes that the funds would be a much better benefit to the Department if used by the County on the above regional projects. The Police Department therefore recommends approval of the Resolution to transfer National City's FY 1999/2000 Juvenile Accountability Incentive Block Grant funds to the County of San Diego. RESOLUTION NO. 2000-29 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY TO TRANSFER ITS SHARE OF FY 1999/2000 JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT FUNDS TO THE COUNTY OF SAN DIEGO WHEREAS, the Federal Office of Juvenile Justice and Delinquency Prevention (OJJDP) has made Accountability Incentive Block Grant funds available through the California Office of Criminal Justice Planning (OCJP); and WHEREAS, the San Diego region will obtain a total of $1.1 million to be distributed proportionately to the various law enforcement agencies based on a formula using law enforcement expenditures and crime arrest data for each unit of local government; and WHEREAS, the FY 1999/2000 allocation for the City of National City is $25,348, with a cash match of $2,820; and WHEREAS, there are several purpose areas established by OJJDP for the spending of the allocated money; and WHEREAS, the San Diego County Board of Supervisors has proposed that each local entity transfer their share of the funds to the County of San Diego who would meet the ten percent cash match requirement for each agency; and WHEREAS, last year National City and nine other cities committed their JAIBG allocations to the County for use in updating the Regional Juvenile Information System mainframe computer (REJIS) and enhancing the electronic transfer of information among law enforcement, schools as well as County Departments dealing with juveniles in the justice and dependency systems; and WHEREAS, under the County of San Diego's current proposal they are planning to spend the 1999/2000 JAIBG funds for the following: 1. Completing juvenile justice automation efforts, which will include a web -based link between the juvenile court, local schools and law enforcement, to share probation order and school performance data electronically. 2. Development and implementation of two Community Assessment Centers (one in mid -City San Diego and one in Oceanside) where law enforcement can bring delinquent and truant juveniles. At this facility, probation officers will conduct needs and treatment assessments. This model, which is working effectively in communities around the county, will allow law enforcement to quickly handle juvenile incidents by reducing the hours needed for transportation to juvenile hall or waiting for parents. 3. Increasing cooperation and communication between law enforcement, schools and the Probation Department by locating eight probation officers within police facilities countywide. In this program, known and the CROP program, these probation officers will provide a critical liaison between local law enforcement, schools and probation. Resolution No. 2000-29 Page Two WHEREAS, the interest of the National City Police Department correlates with that of the County; and WHEREAS, based on economy of scale, NCPD realizes that the funds would be a much better benefit to the Department if used by the County on the above regional projects; and WHEREAS, the Police Department therefore recommends approval of the Resolution to transfer National City's FY 1999/2000 Juvenile Accountability Incentive Block Grant funds to the County of San Diego; and WHEREAS, the City of National City declines to directly accept funds made available through the Juvenile Accountability Incentive Block Grant (JAIBG) Program administered by the Office of Criminal Justice Planning ("OCJP"); NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City waives its right to its entire direct subgrant award and authorizes the funds to be expended by the County of San Diego for the mutual benefit of both units of local government. IT IS AGREED that any liability arising out of the performance of this Grant Award Agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and OCJP disclaim responsibility for any such liability. BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body. PASSED and ADOPTED this 21st day of March, 2000. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney By: Rudolf Hradecky, Esq. Senior Assistant City Attorney George H. Waters, Mayor City of National City, California COUNCIL AGENDA STATEMENT March 21, 2000 MEETING DATE AGENDA ITEM NO. 9 ITEM TITLE YEAR END AUDIT REPORTS FOR FISCAL YEAR ENDED JUNE 30, 1999 PREPARED BY C. Fredricks DEPARTMENT Finance EXPLANATION _ Transmitted herewith is the City of National City's Single Audit Reports, the Report to Management and the Report to the Finance Committee for the fiscal year ended June 30, 1999, prepared by Calderon, Jaham & Osborn, the City's external auditors. The auditors' review of the internal control structure disclosed certain conditions relating to the Community Development Commission and the Library Fund requiring attention and corrective actions. See attachment 2 for a complete text of Calderon, Jaham & Osborn's recommendations. Environmental Review N/A Financial Statement Not applicable. Account No. STAFF RECOMMENDATION We recommend that Council accept the reports and direct staff to implement the corrective actions. BOARD/COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) Resolution No. 1. Single Audit Report for the Year Ended June 30, 1999. 2. Report to Management for the Year Ended June 30, 1999. 3. Report to the Finance Committee for the Year Ended June 30, 1999. A-200 (Rev. 9/80) City of National City, California COUNCIL AGENDA STATEMENT 10 MEETING DATE 03/21/00 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #37 PREPARED BY ROBERT A. RABAGO DEPARTMENT FINANCE EXPLANATION. Ratification of Warrant Register 137 per Government Section Code 37208. i pvironmental Review N / A Financial Statement N/A Account No. OFF RECOMMENDATION I recommend ratification of these warrants for a total of $1,128,007.51 BOARD COMMISSION RECOOMM DATION CZ) te64-4- //06.2/.t /6 6-) i?f ATTACHMENTS (Listed Below) Resolution No. 1. Warrant Register #37 2. Payroll dated 3/15/00 3. Workers' Comp Warrant Register dated 3/8/00 A•200 (Rev. 9/80) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 21, 2000 AGENDA ITEM NO. 11 ITEM TITLE CLAIM FOR DAMAGES: Gregory Drummond PREPARED BY Michael R. Dalla, CMC EXPLANATION DEPARTMENT City Clerk The claim of Gregory Drummond arises from an occurrence on February 3, 2000 and was filed with the City Clerk's Office on February 23, 2000 Environmental ReviewXX N/A Financial Statement N/A Account No. STAFF_RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. Copy of Claim for Damages A•200 (Rev. 9/80) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 21, 2000 AGENDA ITEM NO. 12 1 ITEM TITLE CLAIM FOR DAMAGES: Eldrick Jenkins PREPARED BY Michael R. Dalla, CMC1 DEPARTMENT City Clerk EXPLANATION. The claim of Eldrick Jenkins arises from an occurrence on February 14, 2000 and was filed with the City Clerk's Office on February 14, 2000 Environmental Review XX N/A Financial Statement N/A Account No. ITAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD] COMMISSION RECOMMENDATION N/A ,ATTACHMENTS (Listed Below) Resolution No. Copy of Claim for Damages A•200 (Rev. 9/80) PREPARED BY EXPLANATION MEETING DATE March 21, 2000 City of National City, California COUNCIL AGENDA STATEMENT SECOND READING 13 AGENDA ITEM NO, / ITEM TITLE ORDINANCE AMENDING 1'I1'LE 9, OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 9.38 AND SECTIONS 9.38.010 THROUGH 9.38.100 PERTAINING TO RESTRICTING THE SALE, DISPLAY AND PROMOTION OF TOBACCO PRODUCT I S TO MINORS. DEPARTMENT Rudolf Hradecky, Esq. City Attorney �iQ. This ordinance is being brought back for a second reading following the City Council's amendment at its introduction on March 14, 2000. At that Council session, Council amended the draft ordinance to require tobacco product displays to be located no closer than two feet (2') from candy, snack and non-alcoholic beverage displays. This was in addition to the prohibitions against tobacco advertising displays within two feet (2') of candy, snack and non-alcoholic beverage displays. Exemptions to the foregoing restrictions were retained for any establishment in which displays containing tobacco products or any tobacco advertising display is located above or behind a sales counter and are not accessible to patrons.. The City Council may now adopt the ordinance in its final form as attached. The previous staff report and related back up are also attached. J Environmental Review X N/A Financial Statement No financial impact. Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD / C MMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Staff Report Proposed ordinance A-200 (9;80) STAFF REPORT AN ORDINANCE AMENDING TITLE 9, OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 9.38 AND SECTIONS 9.38.010 THROUGH 9.38.100 PERTAINING TO RESTRICTING THE SALE, DISPLAY AND PROMOTION OF TOBACCO PRODUCTS TO MINORS. BACKGROUND At its meeting of November 9, 1999, the City Council directed Staff to prepare language for an ordinance regulating outdoor tobacco advertising, sales and display practices. Emphasis was to be placed on the banning of tobacco advertising within 1,000 feet of certain youth oriented venues. The American Lung Association provided the City Council with examples of programs adopted by other cities. We are now submitting an ordinance for the Council's consideration which deals with some of the options available to the City that staff recommends. RECENT LEGAL DEVELOPMENTS Ten days after Council's direction to staff, the Ninth Circuit Court of Appeals struck down state and local restrictions on outdoor tobacco advertising. The decision, Lindsey v. Tacoma -Pierce County Health Department, (No. 98-35416) 1999 WL 1044364 (9th Circuit, Nov. 19, 1999), held that the Federal Cigarette Labeling and Advertising Act (FCLAA), 15 U.S. Code Section 1334, preempted state law requirements or prohibitions on advertising of tobacco products labeled in accordance with Section 1332 of the FCLAA.t Since all cigarette packages sold today are labeled with this legend, the net effect is a prohibition on local advertising restrictions. Several cities in San Diego County had previously enacted tobacco advertising bans. The Lindsey decision may affect those ordinances and the provisions of Business and Professions Code Section 22961 (bans on outdoor tobacco advertising within 1,000 feet of schools and public playgrounds). The Ninth Circuit decision may yet be appealed to the U.S. Supreme Court. Regardless, for now, in California the Lindsey decision is operative, and we do not therefore recommend an ordinance which restricts outdoor tobacco advertising. The Lindsey decision concerned a county health department regulation on outdoor tobacco advertising. The decision did not address indoor advertising restrictions. For the present, Lindsey could be restricted to its facts, and indoor advertising restrictions may yet be allowable if narrowly tailored. EXISTING STATE LAW RESTRICTIONS ON TOBACCO Currently, State law prohibits or restricts tobacco sales and display practice, as follows: Labeling must contain an admonition that the Surgeon General has determined that the smoking of cigarettes is dangerous to health and may cause death from cancer and other diseases. Staff Report March 7, 2000 1 Restricting the sale, advertising and Promotion of tobacco products to minors 1. Sales or furnishing of tobacco products to minors is unlawful. (Penal Code Section 308). 2. Single item or unsealed tobacco package sales are unlawful. (Penal Code Section 308.2). 3. Coin operated cigarette vending machines are prohibited, except in bars. (Business and Professions Code Section 23039). 4. State may require tobacco vendors, upon notification, to post signs advising that the sale of tobacco to minors is unlawful. (Business and Professions Code Section 22952). 5. Unsolicited delivery of tobacco products to residences is unlawful. (Penal Code Section 308b). 6. Tobacco advertising within 1,000 feet of schools and playgrounds is prohibited. (Business and Professions Code Section 22961).2 REMAINING OPTIONS FOR CONSIDERATION BY COUNCIL This staff report will focus on the avenues that remain available for consideration by the City Council, and further direction to staff. Notwithstanding the Lindsey decision and the above statutes, any or all of the following are options that may be adopted by the City Council by an ordinance: 1. Prohibit any indoor tobacco advertising or the display of tobacco products, or both, within a specified distance from displays of candy, soda or snacks in retail establishments within 1,000 feet of schools, public parks and playground and other youth oriented venues. [We are proposing a minimum of four feet]. (See note in Item 2 which suggests not including residential areas). 2. As an alternative to number 1, the Council has the option to prohibit tobacco sales within 1,000 feet of schools, public parks and playgrounds and other youth oriented venues. (NOTE: Although residential areas could be included, the net effect would most likely ban tobacco sales citywide, a possibly unrealistic result, and for that reason, no reference to residential areas is suggested in any proposed ordinances). 3. Prohibit free give-away promotions of tobacco products within the city. 4. Require tobacco products, smoking implements and cigarette papers to be kept in a locked display case and prohibit self-service displays, except in those establishments where access by minors is prohibited, or restricted. 5. Require all stores selling tobacco products to post signs regarding prohibitions on tobacco sales to or purchases by minors. 2 Now unenforceable under the Lindsey decision. Staff Report March 7, 2000 2 Restricting the sale, advertising and Promotion of tobacco products to minors 6. Ban tobacco vending machines throughout the City. This will impact only bars and taverns licensed for consumption of alcohol and beer, since tobacco vending machines are already banned in all other stores. (However, this will have no impact on minors whose presence is banned from those establishments). 7. Require retail facilities selling tobacco products to be specially licensed to sell tobacco. 8. Prohibit smoking in an increased number or classes of establishments on a citywide basis (types of venues to be determined). DISCUSSION Adoption of any of these provisions will involve enforcement costs and asset allocation judgments. Items 1, 2, 4, 5, 6 and 7 can be verified and enforced on a spot -inspection basis at the same time. Items 3 and 8 would be enforced, if at all, on a situation occurring basis. Item 3 is probably of limited or minimal impact or effect. Items 1, 2, 4, 5, 6 and 7 will have an economic impact on businesses. Items 6 and 8 present an enforcement problem, but can be required from a social welfare and public health viewpoint. Of the foregoing, the most questionable from an administration viewpoint is Item 7, the special licensing of tobacco outlets. Regardless of the public health benefits to be gained from inhibiting tobacco access to minors, the adoption of a special local regulatory system licensing merchants to sell tobacco presents a number of policy issues to be analyzed and weighed. For example: • Should other products or services also be considered for licensing? • What criteria or method for ranking the seriousness of the effect of those products should be used as a predicate for regulatory licensing in general? • What effect, if any, would tobacco licensing have when the vendor can already be prosecuted for illegal tobacco sales activity? • Loss of the tobacco license, if issued, would not normally prevent retail sales of other products by that merchant. Should loss of the license also ban the vendor from sales of other products, and could that be enforced? Item 2, the option to prohibit tobacco sales within 1,000 (or 500?) feet of schools and other youth oriented venues, is also an option for the Council to consider. If Council decides to include this option in lieu of proposed Section 9.38.040, the prohibition on any tobacco sales would obviate the need to restrict tobacco displays or advertising within four feet of candy, snacks and soft drink displays. For either item 1 or 2, we do not propose including residential areas in the 1,000 foot radius, in order to avoid a citywide impact on all businesses. Item 2 is the most difficult from a commercial viewpoint, and will affect the retail business community. Staff Report March 7, 2000 3 Restricting the sale, advertising and Promotion of tobacco products to minors The costs of enforcement and any possible litigation should be balanced against the benefits to be gained by making access to tobacco products more difficult for minors. That benefit, while not quantitatively measurable, is a qualitative policy determination for the City Council to make. On the basis of the foregoing discussion, we have prepared an ordinance that incorporates options 1, 3, 4 and 5 for your consideration. We will prepare a further revision to incorporate any other options or modifications desired by the Council. We have provided copies of the staff report and the proposed ordinance to the American Lung Association, California Grocers Association and San Diego Merchants Association. We have notified them of the proposed agenda item, and addressed any particular concerns, where feasible, within the attached ordinance proposed for your consideration. RECOMMENDATION It is recommended that the City Council review the attached ordinance, and either: (1) adopt theordinance; (2) direct staff to revise the ordinance to incorporate other desired options; (3) continue matter for further input; or, (4) file this report without further action. Staff Report March 7, 2000 4 Restricting the sale, advertising and Promotion of tobacco products to minors City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, Ill • City Attorney (619) 336-4220 FAX (619) 336-4327 TDD (619) 336-1615 February 25, 2000 Debra Kelley Vice President Government Relations American Lung Association 2750 Fourth Avenue San Diego, CA 92103 Todd Priest California Grocers Association 177 Fast Ocean Boulevard Suite 450 Long Beach, CA 90802 Arkan Somo San Diego Merchants Association 9621 Camp Road Suite E Spring Valley, CA 91977 RE: Proposed Ordinance Restricting Sales, Displays and Promotion of Tobacco Products to Minors Dear Sirs and Madam: Enclosed is a staff report and proposed ordinance that is tentatively scheduled for consideration by the National City City Council on March 7, 2000, at the regular 3:00 p.m. council meeting. I am forwarding this material for your information in the event you have any questions or wish to attend the meeting. Please feel free to call me at (619) 336-4222 if you do have questions, and, in any event, prior to the meeting of the 7th in case there is a change in schedule. Very- Yours, citt- D HLY,ESQ. enior Assistant City Attorney I RH/gmo ® Recycled Paper City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, Ill • City Attorney (619) 336-4220 FAX (619) 336-4327 TDD (619) 336-1615 March 8, 2000 Debra Kelley Vice President Government Relations American Lung Association 2750 Fourth Avenue San Diego, CA 92103 Todd Priest California Grocers Association 177 East Ocean Boulevard Suite 450 Long Beach, CA 90802 Arkan Somo San Diego Merchants Association 9621 Camp Road Suite E Spring Valley, CA 91977 Sheila Zamora Neighborhood Coalition 304 West 18d' Street National City, CA 919501 RE: Revised Proposed Ordinance Restricting Sales, Displays and Promotion of Tobacco Products to Minors Dear Ladies and Gentlemen: Pursuant to City Council direction, we have revised Sections 9.38.040 and 9.38.050 of the proposed ordinance governing tobacco product displays. The revisions, which are enclosed, are shown in strikeout form. Please feel free to call me at (619) 336-4222 if you have any questions. The ordinance will be brought back on the Council Agenda of March 14, 2000, beginning at 6:00 p.m. Very Yours, iUDOLF HRADECKY, ESQ. Senior Assistant City Attorney RH/gmo Enclosure ® Recycled Paper ORDINANCE NO. AN ORDINANCE AMENDING TITLE 9, OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 9.38 AND SECTIONS 9.38.010 THROUGH 9.38.100 PERTAINING TO RESTRICTING THE SALE, DISPLAY AND PROMOTION OF TOBACCO PRODUCTS TO MINORS. WHEREAS, the City Council of the City of National City finds that there is compelling evidence supporting a direct correlation between tobacco advertising and promotion and underage smoking; and WHEREAS, state laws prohibit underage smoking, including the selling, giving, or furnishing of cigarettes to any person under the age of eighteen years, and the purchasing, receiving, or possessing of cigarettes by any person under the age of eighteen years, and the use of tobacco products by students at public school campuses and events; and WHEREAS, certain tobacco product manufacturers have publicly admitted engaging in strategies designed to advertise and promote tobacco products to minors; and WHEREAS, tobacco display and advertising in public places is inimical to the enforcement of laws enacted by the State of California designed to limit the purchase and use of tobacco products to the adult population; and WHEREAS, promoting the use of tobacco products displayed on or in retail stores next to candy, snack and soda displays target underaged youth and are inimical to the enforcement of laws enacted by the State of California that are designed to limit the purchase and use of tobacco products to the adult population; and WHEREAS, studies have shown that minors who are aware of tobacco promotions are twice as likely to use tobacco, and minors who participate in tobacco promotions are nine times more likely to use tobacco; and WHEREAS, tobacco promotion creates a threat to the safety and welfare of the young, an inducement to violate the laws concerning the purchase and possession of tobacco by minors, and an inducement for minors to begin to use tobacco products; and WHEREAS, it is the intent of the City Council of the City of National City in the enactment of this ordinance to further discourage and reduce illegal sales and furnishing of tobacco products to minors by requiring retailers to implement identification and other procedures designed to reduce the likelihood of sales to minors; and WHEREAS, the Council finds that the City has a substantial interest in reducing illegal sales of tobacco products to persons under eighteen years of age; and WHEREAS, the Council finds that further regulation can promote the public welfare by further discouraging the commercial exploitation of potential underage smokers. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That Title 9 of the National City Municipal Code is hereby amended by adding Chapter 9.38.010 through 9.38.100 to read as follows: CHAPTER 9.38 RESTRICTING THE SALE, DISPLAY AND PROMOTION OF TOBACCO PRODUCTS TO MINORS Sections: 9.38.010 Purpose and intent. 9.38.020 Definitions 9.38.030 Measure of distance 9.38.040 Location of Tobacco products and advertising displays inside retail establishments 9.38.050 Exceptions to location of tobacco products and advertising displays inside establishments 9.38.060 Self-service sale,and distribution of tobacco products —Prohibited 9.38.070 Distribution of free tobacco samples or promotional items --Prohibited 9.38.080 Posting of signs regarding tobacco sales to minors 9.38.090 Extensions for compliance 9.38.100 Enforcement Section 9.38.010 Purpose and intent. It is the purpose and intent of the City Council to enact regulations governing the sale or display of tobacco products in the City as a menace affecting the public health and welfare of its citizens, and particularly minors. Accordingly, the Council, for the reasons expressed in the preamble to Ordinance No. enacts the following regulations. 9.38.020 Definitions. For purposes of this Chapter 9.38: "Advertising display" means a sign, sign -board, billboard, poster, or banner that is temporarily or permanently placed within a building, or is displayed in the window(s) of a commercial establishment, and is used to advertise or promote products. It does not include printed material on the container of a product sold at retail. "Playground" means any outdoor premises or grounds owned or operated by the City, a public or private school, childcare center, or youth or recreational center, that contains any play or athletic equipment used or intended to be used by minors. "Recreation center or facility" means any recreation center or facility under the control, direction or management of the City. 2000 Ordinance 2 Sale, Display and Promotion of Tobacco Products to Minors "School" means any public or private elementary or secondary school, attendance at which satisfies the compulsory education laws of the State of California. "Self-service display" means an open display of tobacco products that the public has access to without the intervention of an employee. "Tobacco advertising display" is an advertising display that concerns tobacco products. "Tobacco product" means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, and dipping tobacco. "Vendor -assisted" means that only a store employee has access to the tobacco product and assists a customer by supplying the product, and the customer does not take possession of the product until it is purchased. Section 9.38.030 Measure of distance. The distance between any store or business that sells tobacco products and any school, playground, recreation center of facility, childcare center, or library, shall be measured in a straight line, without regard to intervening structures, from the store or business to the closest property line of the school, playground, recreation center or facility, childcare center, or library. Section 9.38.040 Location of tobacco products and advertising displays inside retail establishments. A. It is unlawful for any person, business, or tobacco retailer to place or maintain, or cause to be placed or maintained, any displays containing tobacco products within two feet (2') of any candy, snack, or non-alcoholic beverage display inside stores or businesses that are located within 1,000 feet of the premises of any school, playground, recreation center or facility, childcare center or library. B. It is unlawful for any person, business, or tobacco retailer to place or maintain, or cause to be placed or maintained, any tobacco advertising display within two feet (2') of candy, snack, or non-alcoholic beverage displays, inside stores or businesses that sell tobacco products and which are located within 1,000 feet of the premises of any school, playground, recreation center or facility, childcare center, or library. Section 9.38.050 Exceptions to location of tobacco products and advertising displays inside retail establishments. A. Section 9.38.040 does not apply to commercial establishments where access to the premises by persons under eighteen years of age is prohibited by law. B. Section 9.38.040 does not apply in any establishment to displays containing tobacco products or to any tobacco advertising display that are located behind or above a sales counter and are not accessible to patrons. Section 9.38.060 Self-service sale and distribution of tobacco products --Prohibited. It is unlawful for any person, business, or tobacco retailer to sell, permit to be sold, offer for sale, or display for purposes of sale, by means of self-service displays or by any means other than vendor -assisted sales, any tobacco products. Section 9.38.070 Distribution of free tobacco samples or promotional items -- Prohibited. It is unlawful for any person, business, or tobacco retailer to distribute free tobacco products or promotional items, except in enclosed areas where minors are not permitted. 2000 Ordinance 3 Sale, Display and Promotion of Tobacco Products to Minors Section 9.38.080 Posting of signs regarding tobacco sales to minors. A. Every person who sells or deals in tobacco products shall post conspicuously in their place of business at each point of purchase a notice stating that the sale of tobacco products to persons under eighteen years of age is prohibited by law and subject to penalties. The notice shall also state that photo identification is required to purchase tobacco products. The letters of the sign shall be at least one-half inch in height. B. Any sign meeting the content requirements of California Business and Professional Code Section 22952(b) and regulations promulgated thereunder, and the posting requirements of California Penal Code Section 308(c), satisfies Section 9.38.080(A). C. It is unlawful for any person who sells or deals in tobacco products to fail to post a sign in accordance with Section 9.38.080(A) or (B). Section 9.38.090 Extensions for compliance. A. Any business that needs to make modifications to its business premises in order to comply with Sections 9.38.040, 9.38.060, or 9.38.080 of this Chapter must comply within sixty calendar days after B. Any business owner may apply to the City Manager, through the Planning Director, for a reasonable extension of time within which to comply with Sections 9.38.040, 9.38.060 or 9.38.080 of this Chapter, provided that the application for extension is submitted on or before the last day of the sixty day compliance period. C. An extension may be granted only for good cause for a maximum of one year from the effective date. "Good cause" means that the extension is necessary to prevent the business from suffering unreasonable financial hardship, or to prevent unreasonable disruption in business operations. Section 9.38.100 Enforcement. A. Violations of this Chapter shall be prosecuted as infractions for the first offense, and may be prosecuted as misdemeanors for subsequent offenses, subject to the penalties provided in Municipal Code Section 1.20.010. In addition, injunctive relief, civil penalties or administrative remedies provided in Title 1 of this Code, may be sought or imposed for violations. B. This chapter may be enforced by any police officer, building inspector, code conformance officer, business license inspector or fire inspector. Section 2. The City Clerk is hereby instructed to insert this ordinance number and the effective date of this ordinance, once known, in the blank spaces provided in Municipal Code Sections 9.38.010 and 9.38.090. -- Signature Page to Follow -- 2000 Ordinance 4 Sale, Display and Promotion of Tobacco Products to Minors Ordinance No. 2000- PASSED and ADOPTED this day of February, 2000. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: /, g..... George H. Eiser, III City Attorney ir George H. Waters, Mayor 2000 Ordinance 5 Sale, Display and Promotion of Tobacco Products to Minors ITEM #14 3/21/00 February 29, 2000 Dear Community Member. We wanted to bring a very important issue to your attention. Our Family Violence Response Team's funding will end September 2000. South Bay Community Services staff responds along side of the Chula Vista Police Officers 24 hours and seven days a week to all 911 domestic violence calls where children are present within the City of Chula Vista. Our staff assesses these children's safety and provides safety planning and crisis intervention to the children and adults in the household. It is extremely important that the funding continue for this very vital service. Assembly Bill 1826 (AB 1826) was just introduced to the California State Assembly that would fund our Family Violence Response Team and ten similar projects throughout the state. The bill is being co- authored by Denise Ducheny, who is the Assembly member for the 79th District, National City. Attached are two sample letters and a copy of the bill. Please write a letter of support for AB 1826 and address your letter to: Assembly member Dion Aroner, Chair Human Service Committee California State Assembly 14th District State Capitol, Room 2163 Sacramento, CA 95814 Please sign and return a copy of this letter to Norma Amezcua at 315 Fourth Avenue, Suite E, Chula Vista, CA 91910 by March 101h. Once we receive the letter we will make a copy, as we will need to continue sending letters of support as the bill goes through a variety of committees. Thank you for your time and attention to this very urgent matter. Should you have any questions please feel free to contact Norma Amezcua at (619) 420-3620. Sincerely, `1'u1%1 j71�)i rathryn Le!ibo Executive 17irector South Bay Community Services :ois :�rw-ammuniv ;er"ri:cs 315 Fourtn Avenue. Sucre E • Chuto V;sto. Cahicrmc ° C. Tel: 619.420.3620 • rcx• 019 420.5722 .1w L_ .,.-, •. .. an" cnn ^011 Assembly member Dion Aroner, Chair Human Services Committee California State Assembly 14th District State Capitol, room 2163 Sacramento, CA 95814 RE: Assembly Bill 1826 Dear Assembly member Aroner, For the past three years, South Bay Community Services has provided a Family Violence Response Team to assist children and adult victims of domestic violence in the South Bay area of San Diego County. This program's funding will end at the end of September of this year. I am writing you to strongly urge you to support AB 1826-The Family Violence Prevention and Intervention Demonstration Project -that will restore funding to 11 statewide programs that are working to eliminate domestic violence in our communities. South Bay Community Services', Family Violence Response Team is one of these projects that serve the city of Chula Vista and the surrounding south bay area. AB 1826 will secure an additional three years of funding for this and the other ten projects. South Bay Community Services is a non-profit agency that collaborates with a variety of agencies throughout the County to implement a comprehensive program that focuses on assisting the entire family address family violence and child abuse. The Family Violence Response Team partners include the Chula Vista Police Department, Health & Human Services Agency (Child Protective Services), Home Start, the Beacon Center, YMCA Family Stress Center, and Children's Hospital. Over these past three years South Bay Community Services' Family Violence Response Team has responded to approximately 1140 calls and has provided over 3300 safety plans for children and their parents that are exposed to family violence. Without these intervention services these children would not receive any help in order to cope with the violence occurring in their homes. Our project has also been able to provide home visits, after the initial call to the home. to over 700 children and adults. All of the 11 projects have made real strides towards reducing family violence and it is essential that funding be provided so that they can continue to do this work. Thank you for supporting AB 1826 and for your concern in eliminating family violence in our communities. Sincerely, south bay ccrssmunit*y services Assembly member Dion Aroner, Chair Human Services Committee California State Assembly 14th District State Capitol, Room 2163 Sacramento, CA 95814 RE: Assembly Bill 1826 Dear Assembly member Aroner, I am writing to strongly urge you to support AB 1826-The Family Violence Prevention and Intervention Demonstration Project that will restore funding to 11 statewide programs that are working to eliminate domestic violence in our communities. One of these projects, the South Bay Community Services Family Violence Response Team, serves the Chula Vista and other surrounding south bay area communities of San Diego. AB 1826 will secure an additional three years of funding for this and the other ten projects that are slated to end September 30, 2000. South Bay Community Services, a nonprofit agency, collaborates with a host of agencies and organizations in the Chuia Vista and South bay area of San Diego to implement a comprehensive program that focuses on helping the entire family when dealing with domestic violence and child abuse. Partners include: the Chula Vista Police Department, Health & Human Services Agency (Child Protective Services), Home Start, the Beacon Center, YMCA Family Stress Center, and Children's Hospital. Over the past three years our project has developed "best practices" by: • Implementing a Family Violence Emergency Response Team that provides immediate on -site intervention. along side Chula Vista Police Department, to families experiencing family violence. • Developing a systemic approach to family violence that not only recognizes the plight of the victim, but opens the door for the perpetrator to seek help before the occurrence of serious consequences. • Educating the public concerning domestic violence and its relationship to child abuse. Thank you for supporting AB 1826 and for your concern in eliminating family violence in our communities. Sincerely, sccrfi boy community services CALIFORNIA LEGISLATURE--I999-2000 REGULAR SESSION ASSEMBLY BILL No. 1826 Introduced by Assembly Members Strom -Martin and Shelley (Coauthors: Assembly Members Cedillo, Dickerson, Ducheny, Jackson, Kuehl, and Rod Pacheco) February 3, 2000 An act to add Part 4.45 (commencing with Section 16620) to Division 9 of the Welfare and Institutions Code, relating to public social services, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1826, as introduced, Strom -Martin. Family Violence Prevention and Intervention Demonstration Project. Under existing law, the State Department of Social Services is responsible for administering various public social services programs intended to assist children and families, including the Family Preservation and Support Program, which provides funding for specified family support services. This bill would establish a family violence prevention and intervention demonstration project within the Office of Child Abuse Prevention in the department. The bill would provide that the demonstration project shall consist of 11 specified individual projects that conduct family violence prevention and intervention services, and would require that the demonstration project be administered by the department in the same manner as the Family Preservation and Support Program. to the extent practicable. 99 AB 1826 — 2 — This bill would appropriate $7,500,000 from the General Fund to the department to fund the demonstration project, to be allocated over the 2000-01, 2001-02, and 2002-03 fiscal years, in a specified manner. This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: yes. Fiscal committee: yes. State -mandated local program: no. The people of the State of California do enact as follows: I SECTION 1. Part 4.45 (commencing with Section 2 16620) is 'added to Division 9 of the Welfare and 3 Institutions Code, to read: 4 5 PART 4.45. FAMILY VIOLENCE PREVENTION 6 AND INTERVENTION DEMONSTRATION 7 PROJECT 8 9 16620. A family violence prevention and intervention 10 demonstration project is hereby established within the 11 Office of Child Abuse Prevention in the State 12 Department of Social Services. The demonstration 13 project shall consist of 11 individual projects that shall 14 conduct family violence prevention and intervention 15 services through collaboration with a broad range of 16 organi?ations, including, but not limited to, law 17 enforcement, social services, district attorneys, and local 18 courts. 19 16621. The demonstration project established by this 20 part shall include six family violence response teams, 21 which will provide immediate, onsite intervention to 22 families experiencing domestic violence. The following 23 family violence response teams shall be included in the 24 project: 25 (a) The Sutter County Family Violence Response 26 Team. 27 (b) The Santa Cruz County Family Violence Response 28 Team. 99 -3— AB 1826 1 (c) The South Bay Community Services Family 2 Violence Response Team, Chula Vista. . 3 (d) The Shelter Services for Women Domestic 4 Violence Emergency Response Team, Santa Barbara. 5 (e) Sutter Lakeside Community Service, Lake 6 County. 7 (f) The Emergency Response Intervention Network 8 of Children's Institute International (Project Erin), 9 Wilshire Division, Los Angeles Police Department, Los 10 Angeles. 11 16622. The demonstration project established by this 12 part shall include the five family violence prevention 13 collaboratives, which shall take a preventative approach 14 to breaking the cycle of violence, and focus on changing 15 community attitudes toward violence in the family and in 16 the community. The following family violence 17 prevention collaboratives shall be included in the project: 18 (a) The Coalition for Family Preservation, 19 Corona/Norco. 20 (b) The Coalition Westside Family Center, Ventura 21 County. 22 (c) Community Alternatives to Violence, Butte 23 County. 24 (d) Respect Program, Shasta County. 25 (e) San Francisco's Collaborative Organized to 26 Prevent Abuse, San Francisco. 27 16623. To the extent practicable, the department 28 shall administer the demonstration project established by 29 this part in the same manner as it currently administers 30 the Family Preservation and Support Program pursuant 31 to Part 4.4 (commencing with Section 16600), when that 32 program terminates on September 30, 2000. 33 SEC. 2. The sum of seven million five hundred 34 thousand dollars ($7,500,000) is hereby appropriated 35 from the General Fund to the State Department of Social 36 Services, for the purpose of funding the demonstration 37 project provided for in this act, and shall be allocated as 38 follows: 39 (a) The sum of two million five hundred thousand 40 dollars ($2,500,000) for the 2000-01 fiscal year, with one 99 AB 1826 — 4 — 1 million two hundred fifty thousand dollars ($1,250,000) 2 directed to fund family violence response teams and one 3 million two hundred fifty thousand dollars ($1,250,000) 4 directed to fund family violence prevention 5 collaboratives. 6 (b) The sum of two million five hundred thousand 7 dollars ($2,500,000) for the 2001-02 fiscal year, with one 8 million two hundred fifty thousand dollars ($1,250,000) 9 directed to fund family violence response teams and one 10 million two hundred fifty thousand dollars ($1,250,000) 11 directed to fund family violence prevention 12 collaboratives. 13 (c) The sum of two million five hundred thousand 14 dollars ($2,500,000) for the 2002-03 fiscal year, with one 15 million two hundred fifty thousand dollars ($1,250,000) 16 directed to fund family violence response teams and one 17 million two hundred fifty thousand dollars ($1,250,000) 18 directed to fund family violence prevention 19 collaboratives. 20 SEC. 3. This act is an urgency statute necessary for the 21 immediate preservation of the public peace, health, or 22 safety within the meaning of Article IV of the 23 Constitution and shall go into immediate effect. The facts 24 constituting the necessity are: 25 In order to continue providing essential family violence 26 prevention services with the least possible interruption, 27 it is necessary that that this act take effect immediately. 0 99