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HomeMy WebLinkAbout2000 04-25 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY COUNCIL COUNCIL CHAMBERS 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY, APRIL 25, 2000 - 6:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG BY THE CITY MANAGER, TOM G. MCCABE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF APRIL 18, 2000. COUNCIL AGENDA 4/25/00 Page 2 INTERVIEWS/APPOINTMENTS Housing & Community Development Committee - Reappointments PUBLIC HEARINGS 1. Public Hearing to review the Draft FY 2000-05 Consolidated Plan and FY 2000- 01 Annual Plan documents including proposed Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) program budgets and consider public comment and testimony. (Community Development Commission) **Continued from March 7, 2000** 2. Public Hearing to adopt the Four -Year FY 2000-04 Regional Transportation Improvement Program (RTIP) and TransNet Project updates. (Engineering) *Refer to Item #13* 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. 3. Resolution No. 2000-43 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 1432 Meadow Drive. (A. Vivanco, TSC Item No. 2000-1) (Engineering) COUNCIL AGENDA 4/25/00 Page 3 CONSENT CALENDAR (Cont.) 4. Resolution No. 2000-44 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 615 East 16th Street. (E. Cary, TSC Item No. 2000-11) (Engineering) 5. Resolution No. 2000-45 Resolution of the City Council of the City of National City authorizing the City Engineer to permit the installation of two stop signs by the City of San Diego at Cervantes and Harbison/Logan Avenue. (City of San Diego, TSC Item No. 2000-8) (Engineering) 6. Resolution No. 2000-46 Resolution of the City Council of the City of National City authorizing the City Engineer to install two additional stop signs at East 20th Street and Granger Avenue. (Granger Jr. High School, TSC Item No. 2000-9) (Engineering) 7. Resolution No. 2000-47 Resolution of the City Council of the City of National City authorizing the acceptance of grant funds from the California Office of Traffic Safety and authorizing the Chief of Police to sign all grant related documents concerning the Office of Traffic Safety "High Intensity Prevention Zone" grant. (Police) 8. Resolution No. 2000-48 Resolution of the City Council of the City of National City acknowledging the Institute for Health Advocacy as sub -contractor and grant partner for the Office of Traffic Safety "High Intensity Prevention Zone" grant. (Police) COUNCIL AGENDA 4/25/00 Page 4 CONSENT CALENDAR (Cont.) 9. Resolution No. 2000-49 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Decision Management Company, Inc. for a Document Imaging System. (CMO/MIS/City Clerk) 10. Resolution No. 2000-50 Resolution of the City Council of the City of National City rescinding the Agreement with Southwestern Bell Internet Services, authorizing the Mayor to execute an Agreement with Pacific Bell Internet Services for Internet and web hosting services, and authorizing the Mayor to execute future amendments to the Agreement with regard to service and equipment requirements. (CMO/MIS) 11. WARRANT REGISTER #42 (Finance) Ratification of Demands in the amount of $342,375.48. 12. Claim for Damages: Francis Akaigbe (City Clerk) NON CONSENT RESOLUTION 13. Resolution No. 2000-51 Resolution of the City Council of the City of National City adopting the Four - Year Regional Transportation Improvement Program (RTIP) and TransNet projects for Fiscal Years 2001 through 2004. (Engineering) *See Item #2* NEW BUSINESS 14. Temporary Use Permit - Oldies Car Club - Car Show (Building & Safety) COUNCIL AGENDA 4/25/00 Page 5 NEW BUSINESS (Cont.) -* CITY MANAGER --> CITY ATTORNEY - OTHER STAFF -* MAYOR -� CITY COUNCIL PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. ADJOURNMENT Amtrack Workshop - April 27, 2000 at 3:00 p.m. - Large Conference Room, Civic Center Next Regular City Council Meeting - May 2, 2000 at 3:00 p.m. - Council Chambers, Civic Center. TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor APRIL 17, 2000 TO: COUNCILMEMBERS FROM: MAYOR GEORGE H. WATERS SUBJECT: HOUSING & COMMUNITY DEVELOPMENT COMMITTEE Please be advised that Rosemary Peyron's term on the Housing & Community Development Committee will be expiring on April 28, 2000. Ms. Peyron has served two terms on the Housing & Community Development Committee and is requesting consideration for reappointment. If there are no objections, I recommend we reappoint Ms. Peyron to the Housing & Community Development Committee for a term ending April 28, 2002. This item will be placed on the Council Agenda for the meeting of Apri/ 25, 2000. GEORGE H. WATERS Mayor GHW:nu ® Recycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority _ Housing & Community Development Committee Name: (La ) Birth Date °'° �6L'/�-�J � (First) (Optional) Home Address: . 3 e,[111 Telephone: Residence ((.01 q2/ NUMBER OF YEARS YOU HA�LIVED IN: d� I Business/Work ( �� ) CALIFORNIA? 7/ SAN DIEGO COUNTY? ARE YOU A REGISTERED VOTER: YES NATIONAL CITY? �Jc) NO Colleges attended and degrees held, if any: Related Professional or Civic Experience: PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES OR COMMISSIONS: DATE: • //— YOUR SIGNATURE RETURN COMPLETED FORM TO: THE CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor APRIL 11, 2000 TO: COUNCILMEMBERS FROM: MAYOR WATERS SUBJECT: HOUSING & COMMUNITY DEVELOPMENT COMMITTEE Please be advised that Ms. Aileane Roberts term on the above -subject board will be expiring on April 28t. Ms. Roberts has served two terms on the Housing & Community Development Committee and is requesting consideration for reappointment. If there are no objections, I recommend for reappointment, Ms. Roberts for a term ending April 28, 2002. This item will be placed on the Council Agenda for the meeting of April 25, 2000. lAte /-1- jaZ3--- GEOR E H. WATERS MAYOR GHW:nu ® Recycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee f�-- Name: O UE i?-S 414, 0filll kl (Last) �l y (First) Home Address: O �� / � �G • AO T/dn/ ftl_ eit / Telephone: Residence (0q=I/7$ 5373 ) Business/Work ( ) NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? QD SAN DIEGO COUNTY? 3 7 NATIONAL CITY? 3 7 ARE YOU A REGISTERED VOTER: YES L— NO Birth Date (Optional) `: } :Y�[.0 }6 :: - :'.: "' i-.. Kf .. `v-..:Y.,. ,.v'f}`::!:.'v'i.:$3V ��tSititf a h V:j Colleges attended and degrees held, if any: Related Professional or Civic Experience: PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE REGARDING YOUR SERVICE/I_� ON THE ABOVE NAMED BOARDS, COMMITTEES OR COMMISSIONS: ,.P �/� r�tJ Aw 1�,v �usvm�.T •u. .a.u.64 a4,4e jeep) DATE: 7/.. dU C) YOUR SIGNATURE ,t4 47.e) /- ,,ems RETURN COMPLETED FORM TO: THE CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950 City of National City, California COUNCIL AGENDA STATEMENT April 25, 2000 MEETING DATE ITEM TITLE PUBLIC HEARING: TO REVIEW THE DRAFT FY 2000-05 CONSOLIDATED PLAN AND FY 2000-01 ANNUAL PLAN DOCUMENTS INCLUDING PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAM BUDGETS AND CONSIDER PU ��' . I MMENT AND TESTIMONY 06 DEPARTMENT AGENDA ITEM NO. 1 PREPARED aul Desrochers, Executive Director CDC EXPLANATION (Continued from March 7, 2000) See attached explanation. Environmental Review N/A Financial Statement The City will receive $633,000 in HOME and $1,411,000 in CDBG funds from the Department of Housing and Urban Development for FY 2000-01. Account No. STAFF RECOMMENDATION City Council consider public comment on the draft 2000-05 Consolidated Plan including proposed CDBG and HOME program requests and continue public hearing until May 9, 2000. BOARD I COMMISSION RECOMMENDATION CDBG and HOME recommendations from the Housing and Community Development Committee (HCDC) are listed in Attachments Nos. 1 and 2 of this report. ATTACHMENTS ( Listed Below Resolution No. 1. HCDC Recommendations (CDBG). 2. HCDC Recommendations (HOME) 3. 2000-05 Consolidated Plan (draft). A-200 (9/80) Explanation to April 25, 2000 City Council Agenda Statement This public hearing is continued from the March 7, 2000 City Council Meeting when the Council considered public comment on the housing and community development needs of National City residents. Today's public hearing will focus on a review of the draft Five -Year Consolidated Plan for FY 2000-05 required by HUD. The Consolidated Plan is a planning document that identifies National City's overall housing and community development needs and outlines a five-year strategic plan to address those needs. The objectives for the new draft FY 2000-05 Plan mirror those objectives identified in the FY 1995-2000 Consolidated Plan. HUD also requires that the City formulate a Plan" to explain what activities the City will needs in terms of local objectives that will year plan). In other words, HUD wants to plan will be accomplished in 2000-01. 2000-01 Consolidated Plan Annual Plan or "Action undertake during the next year to address priority be identified in the 2000-2005 strategic plan (five - know what activities of the new five-year strategic A draft of the Five -Year Consolidated Plan (2000-05) and FY 2000-01 Action Plan has been prepared in accordance with HUD regulations. These plans are currently in draft form and have been released for a 30-day public review period from April 8 through May 8, 2000. Today's public hearing also affords those FY 2000-01 CDBG and HOME applicants the opportunity to present their projects and/or programs to the City Council. Invitations were sent to all applicants for this purpose. Each year the City completes a process to solicit and approve programs and projects eligible for federal funding. The Department of Housing and Urban Development (HUD) has informed the City that $1,411,000 in Community Development Block Grant (CDBG) and $633,000 in HOME Investment Partnership Act (HOME) funds will be available for the Consolidated Plan program year 2000-01. In 1995, HUD Consolidated Plan regulations introduced a new consolidated process replacing all current planning and application requirements of four formula programs with a single submission. Programs affected were the Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), Emergency Shelter Grant (ESG), and Housing For Persons With AIDS (HOPWA) programs. Because the City of National City is an entitlement jurisdiction for the CDBG and HOME programs, it is these two programs that were consolidated for the City of National City. 2000-01 CDBG BUDGET - PRELIMINARY 13.Apr•00 # ORGANIZATION Public Services 1 Access Center of San Diego 2 Boys & Girls Club of NC 3 CDC 4 Legal Legal of San Diego 5 N.C. Building & Safety Dept. 6 N.C. Parks & Recreation Dept. 7 N.C. Parks & Recreation Dept. 8 N.C. Police Department 9 N.C. Public Library 10 San Diego Council on Literacy 11 South Bay Community Services 12 SW Center for Asian Pac. Amer. Law 13 Suits You San Diego Total Public Services Community Projects 14 N.C. Historical Society 15 N.C. Building & Safety Department 16 N.C. Building & Safety Department 17 National City Collaborative 18 Operation SamaMan, Inc. Total Community Projects City CIP 19 CDC/Engineering 20 Engineering 21 Engineering 22 Engineering 23 Engineering 24 Engineering 25 Engineering 26 Engineering 27 Engineering 28 Engineering 29 Engineering 30 Engineering 31 Fire 32 Fire 33 Parks & Recreation Total City CIP Administration & Planning 34 Fair Housing Council of SD N/A CDC/City Total Administration & Planning GRAND TOTAL PROGRAM Independent Living for Seniors and the Disabled After•School Transportation N.C. Nutrition Program Legal Services Graffiti (25%, of program) Swim Program Tiny Tots Neigh. Police (expansion) Literacy Services Family Learning Traditions NC Critical Hours Program Legal Services Employment Retention Training Granger Music Hall • Exterior paint Graffiti (75% of program) Housing Inspection Program Family Resource Center Expansion The Bridge Civic Center Dr./NC Blvd. Streetscape Installation of Pedestrian Ramps Reinstallation of Street Lights Misc. Storm Drains Misc Concrete Improvements Alley Improvements Las Palmas/Kimball Park • Parking Lots Kimball Bowl Restrooms Paradise Creek Channel . East End Improvements to Bonita Mesa Road Drain Las Palmas Park • Street Widening Neighborhood curb, gutter, sidewalk Fire Fighting Equipment Main Fire Station Tennis Court/Basketball Court Rehab Fair Housing Program CDBG Administration REQUESTED 5,000 15,725 50,000 10,000 17,875 21,000 18,000 111,292 58,000 4,500 61,500 50,000 7,500 430,392 12,500 53,625 31,500 35,000 30,000 162,625 600,000 100,000 50,000 100,000 100,000 100,000 130,000 130,000 60,000 150,000 100,000 450,000 54,000 333,400 30,000 2,487,400 12,000 75,000 87,000 3,167,417 99-00 FUNDING NOTES Pub. Services Cap NR equals $211,650 $ 15,000 $ 20,000 NR NR= No Request $ 10,000 last Year $ 21,000 $ 18,000 NF= Not Funded NF last Year $ 40,000 NR $ 20,000 Expanded request NR for 2000.01 NR Comm. Projects has NR no funding cap $ 56,250 $ 30,000 $ 50,000 NR City CIP has no $ 647,750 funding cap $ 50,000 $ 35,000 $ 50,000 $ 50,000 NF NR NR NF NF NR NF $ 37,000 NF NR Admin & Planning 10,000 cap = $282,200 75,000 Attachment No. 1 2000-01 HOME BUDGET ACTIVITY Administration Acquisition Rehabilitation New Construction Tenant -Based Rent CHDO Operations TOTAL HCDC RECOMMENDATIONS $ 63,300 $ 250,000 $ 100,000 $ 179,700 $ 25,000 $ 15,000 $ 633,000 EXPLANATION CDC Admin-(10% max) First-time homebuyers code enforcement New construction/For Sale Housing Housing for Domestic violence Christmas In July Operations Request Attachment No. 2 City of National City, California COUNCIL AGENDA STATEMENT .AEETING DATE April 25, 2000 *Refer to Item #13 AGENDA ITEM NO. ITEM TITLE PUBLIC HEARING TO ADOPT THE FOUR-YEAR FY 2000-04 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) AND TRANSNET PROJECTS UPDATE PREPARED BY MICHAEL LONG DEPARTMENT ENGINEERING EXPLANATION The attached 2000-04 RTIP and Transnet Projects List is National City's four-year program of proposed major Capital Improvement Projects. SANDAG is required by State and Federal laws to develop and adopt a Regional Transportation Improvement Program (RTIP) every two years. Each local agency is required to hold a public hearing prior to adoption of the agencies four-year program. Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Hold a Public Hearin —" o adopt t e Four -Year FY 2000-04 Regional Transportation Improvement Program (R IP) and Transnet Projects. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below J Resolution No. List of Four -Year RTIP and Transnet Projects. A-2(Sb'(9/80) FISCAL YEAR 00-01 103 — GENERAL CAPITAL OUTLAY FUND AMOUNT 1. Paradise Valley Road Widening $240,000 109 — GAS TAXES FUND 1. Resurfacing of Various Streets $525,000 2. Install Pedestrian Ramps $ 50,000 3. Reinstallation of Street Lights from 16th to 30th Streets (Phase III thru IV) $ 50,000 4. Misc. Concrete Improvements — Curb, Gutter and Sidewalks $ 50,000 5. Speed Survey and Traffic Monitoring $ 15,000 6. Street Maintenance and Slurry Seal Program $150,000 7. Replace Street Signs $ 15,000 8. Installation of Traffic Signal at 12th Street and "D" Avenue $ 80,000 9. Installation of Traffic Signal at 28th Street and National City Boulevard $100,000 $1,035,000 125 — SEWER SERVICE FUND 1. Valencia Park Trunk $160,000 2. Sewer System Maintenance $700,000 $860,000 301 — C.D.B.G FUND 1. Parking Lot Rehabilitation $130,000 2. Street Widening in Las Palmas Park $100,000 3. Construction of Restroom Facilities $130,000 4. Neighborhood Curb, Gutter & Sidewalk Construction $450,000 5. Install Pedestrian Ramps $100,000 6. Reinstallation of Street Lights from 16th to 30th Streets (Phase III thru IV) $ 50,000 7. Alley Improvements $100,000 8. Misc. Concrete Improvements — Curb, Gutter and Sidewalks $100,000 9. Improvements to Bonita Mesa Road $150,000 10. Design for Paradise Creek Channel Undergrounding $ 60,000 11. Misc. Storm Drain Improvements $100,000 12. 17th Street Storm Drain System Improvements $150,000 13. Valley Road Improvement from Calle Abajo to Sweetwater Rd. $150,000 14. Civic Center Drive Gateway Enhancement $1,700,000 $3,470,000 FISCAL YEAR 00-01 (Cont.) 307 — PROPOSITION "A" FUND (TRANSNET) AMOUNT 1. Highland Avenue Resurfacing $ 38,000 2. Resurfacing of Various Streets $725,000 3. Plaza Boulevard Widening $ 10,000 4. Traffic Signal Upgrade at Palm Avenue and 8th Street $100,000 $873,000 312 — STP LOCAL FUND 1. Highland Avenue Resurfacing 2. Plaza Boulevard Widening $255,000 $ 60,000 $315,000 313 — CMAQ FUND 1. National City Boulevard/Plaza Boulevard Traffic Signal Interconnect $765,000 2. Signal Interconnect on Highland Avenue and Eighth Street $ 50,000 $815,000 NON -DEPARTMENTAL GENERAL FUND(001-421-000-660-7056) 1. National Pollutants Discharge Elimination System Program $25,000 FISCAL YEAR 01-02 103 — GENERAL CAPITAL OUTLAY FUND 1. Paradise Valley Road Widening 109 — GAS TAXES FUND 1. Resurfacing of Various Streets 2. Install Pedestrian Ramps 3. Reinstallation of Street Lights from 16th to 30th Streets (Phase III thru IV) 4. Misc. Concrete Improvements — Curb, Gutter and Sidewalks 5. Speed Survey and Traffic Monitoring 6. Street Maintenance and Slurry Seal Program 7. Replace Street Signs 8. Traffic Signal Upgrade 125 — SEWER SERVICE FUND 1. Sewer System Maintenance 301 — C.D.B.G FUND 1. Install Pedestrian Ramps 2. Reinstallation of Street Lights from 16th to 30th Streets (Phase III thru IV) 3. Alley Improvements 4. Misc. Concrete Improvements — Curb, Gutter and Sidewalks 5. Misc. Storm Drain Improvements 307 — PROPOSITION "A" FUND (TRANSNET) 1. Resurfacing of Various Streets 2. Plaza Boulevard Widening 3. Reconstruction of Roosevelt Avenue from 18`h to 22nd Streets 4. Traffic Signal Upgrade 312 — STP LOCAL FUND AMOUNT $240,000 $390,000 $ 50,000 $ 50,000 $ 50,000 $ 15,000 $150,000 $ 15,000 $ 50,000 $770,000 $300,000 $100,000 $ 50,000 $100,000 $100,000 $ 50,000 $400,000 $750,000 $ 30,000 $300,000 $ 50,000 $1,130,000 1. Plaza Boulevard Widening $170,000 FISCAL YEAR 01-02 (Cont.) 313 — CMAQ FUND AMOUNT 1. Signal Interconnect on Hi hland Avenue and Eighth Street $470,000 2. Signal Interconnect on 16 and 18th Streets $384,300 $854,300 NON -DEPARTMENTAL GENERAL FUND(001-421-000-660-7056) 1. National Pollutants Discharge Elimination System Program $25,000 FISCAL YEAR 02-03 103 GENERAL CAPITAL OUTLAY FUND AMOUNT 1. Paradise Valley Road Widening $240,000 109 — GAS TAXES FUND 1. Resurfacing of Various Streets $290,000 2. Install Pedestrian Ramps $ 50,000 3. Misc. Concrete Improvements — Curb, Gutter and Sidewalks $ 50,000 4. Speed Survey and Traffic Monitoring $ 15,000 5. Street Maintenance and Slurry Seal Program $150,000 6. Replace Street Signs $ 15,000 $570,000 125 — SEWER SERVICE FUND 1. Sewer System Maintenance 301 — C.D.B.G FUND $300,000 1. Install Pedestrian Ramps $100,000 2. Alley Improvements $100,000 3. Misc. Concrete Improvements — Curb, Gutter and Sidewalks $100,000 4. Misc. Storm Drain Improvements $ 50,000 $350,000 307 — PROPOSITION "A" FUND (TRANSNET) 1. Resurfacing of Various Streets $980,000 2. Plaza Boulevard Widening $331,000 $1,311,000 312 — STP LOCAL FUND 1. Plaza Boulevard Widening $2,579,000 NON -DEPARTMENTAL GENERAL FUND(001-421-000-660-7056) 1. National Pollutants Discharge Elimination System Program $25,000 FISCAL YEAR 03-04 103 — GENERAL CAPITAL OUTLAY FUND AMOUNT 1. Resurfacing of Various Streets $240,000 109 — GAS TAXES FUND 1. Resurfacing of Various Streets $290,000 2. Install Pedestrian Ramps $ 50,000 3. Misc. Concrete Improvements — Curb, Gutter and Sidewalks $ 50,000 4. Speed Survey and Traffic Monitoring $150,00015,000$ 5. Street Maintenance and Slurry Seal Program $ 15,000 6. Replace Street Signs $570,000 125 — SEWER SERVICE FUND. 1. Sewer System Maintenance $300,000 301 — C.D.B.G FUND 1. Install Pedestrian Ramps $100,000 2. Alley Improvements $100,000 3. Misc. Concrete Improvements — Curb, Gutter and Sidewalks $100,000 4. Misc. Storm Drain Improvements $ 50,000 $350,000 307 — PROPOSITION "A" FUND (TRANSNET) 1. Resurfacing of Various Streets 2. Plaza Boulevard Widening $980,000 $330,000 $1,310,000 312 — STP LOCAL FUND 1. Plaza Boulevard Widening $2,580,000 NON -DEPARTMENTAL GENERAL FUND(001-421-000-660-7056) 1. National Pollutants Discharge Elimination System Program $30,000 TABLE 1 PROJECT SUBMITTAL FORM FOR THE FY 2000-04 REGIONAL TIP/TRANSNET PROGRAM OF PROJECTS Agency: Ci y of National City Prepared By: Michael J. Long 1 Street Resurfacing Locations to be determined 2 Traffic Signal Upgrade at 8th Street and Palm Ave. Other Locations to be determined 3 Highland Avenue Resurfacing from Division to 12th Street 4 5 6 7 8 Plaza Blvd. Widening Traffic Signal Interconnect on National City Blvd. and Plaza Blvd. Traffic Signal Interconnect on Highland Ave. and Eighth Street Traffic Signal Interconnect on 16th Street and 18th Street Reconstruction of Roosevelt Ave. from 18th St. to 22nd St. TOTAL T T T T EC EC C E E T T T T T T EC 1,250 1,140 1,270 1,510 100 100 293 70 200 2,910 2,910 765 50 470 385 300 STPL 255 60 170 2,579 2,580 CMAQ 765 50 470 385 Date: April 5, 2000 Phone: (619) 336-4386 725 750 980 980 100 50 38 10 30 331 330 300 525 390 290 530 50 $13,723 $7,314 $0 $4,624 $1,785 $0 01 02 03 04 01 02 01 01 02 03 04 01 01 02 02 02 RESOLUTION NO. 2000-51 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE FOUR-YEAR REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) AND TRANSNET PROJECTS FOR FISCAL YEARS 2001 THROUGH 2004 WHEREAS, on November 2, 1987, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan; and WHEREAS, the Ordinance provides that the SANDAG Board shall approve a multi -year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds; and WHEREAS, the City of National City was provided with an estimate of annual TransNet local street and road revenues for fiscal years 20001 through 2004; and WHEREAS, on April 25, 2000, the City of National City held a public hearing in accordance with Section 5(a) of the Ordinance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby adopt the Four -Year Regional Transportation Improvement Program (RTIP) and Transnet projects for fiscal years 20001 through 2004, attached hereto as Exhibit "A„ BE IT FURTHER RESOLVED that pursuant to Section 8 of the TransNet Ordinance, the City Council of the City of National City certifies that the required minimum annual level of local discretionary funds to be expended for street and road purposes will be met throughout the four-year period consistent with Maintenance of Effort Requirements adopted by the SANDAG Commission on June 24, 1988. BE IT FURTHER RESOLVED that pursuant to Section 9 of the TransNet Ordinance, the City of National City certifies that TransNet funds programmed in the attached Four-year Program of Projects donot replace private developer funding which has been or will be committed for any project. BE IT FURTHER RESOLVED that pursuant to Section 16 of the TransNet Ordinance, the City of National City certifies .that each project of $250,000 or more will be clearly designated during construction with TransNet project funding identification signs. BE IT FURTHER RESOLVED that the City of National City does hereby certify that all other applicable provisions of the TransNet Ordinance have been met. 'Resolution 2000-51 April 25, 2000 Page Two BE IT FURTHER RESOLVED that the City of National City agrees to hold harmless and defend the SANDAG Board against challenges related to local TransNet funded projects. PASSED and ADOPTED this 25th day of April, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT :UEETING DATE APRIL 25, 2000 AGENDA ITEM NO. 3 ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH A RED \ "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 1432 MEADOW DRIVE (A. VIVANCO, TSC ITEM NO. 2000-10) PREPARED BY Adam J. Landa DEPARTMENT Engineering EXPLANATION Ms. Aurelia Vivanco, the owner of 1432 Meadow Drive has requested the installation of two red curb no parking zones adjacent to the driveway serving her property. According to Ms. Vivanco, parked vehicles are encroaching into her driveway thereby not allowing ingress and egress from her property. Her son has a breathing problem and it is a burden for him to walk long distances. The requester desires to have two 3-foot red curb zones installed on each side of her driveway. The Traffic Safety Committee has approved 3 feet of red curb "no parking" zone on both sides of her driveway. Environmental Review g N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD/COMMISSION REC E ATIO The Traffic Safety Committee at its meeting of April 12, 2000 approved the 3' of red "no parking" zone on both sides of her driveway at 1432 Meadow Drive. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2000-43 A-200 (8/80) 00-10 RESOLUTION NO. 2000 — 43 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 1432 MEADOW DRIVE (A. Vivanco, TSC Item No. 2000-1) WHEREAS, Aurelia Vivanco, the owner of 1432 Meadow Drive, has requested the installation of three-foot red no parking zones on each side of her driveway; and WHEREAS, parked vehicles encroach into the driveway blocking the ingress and egress from her home; and WHEREAS, at its meeting on April 12, 2000, the Traffic Safety Committee approved installation of three-foot red no parking zones on each side of the driveway at 1432 Meadow Drive. 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 1432 Meadow Drive. PASSED and ADOPTED this 25th day of April, 2000. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. iser, III City Attorney George H. Waters, Mayor NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR APRIL 12, 2000 ITEM TITLE: REQUEST FOR INSTALLATION OF RED "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 1432 MEADOW DRIVE (BY: A. VIVANCO) PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: Ms. Aurelia Vivanco, the owner of 1432 Meadow Drive has requested the installation of two red curb no parking zones adjacent to the driveway serving her property. According to Ms. Vivanco, parked vehicles are encroaching into her driveway thereby not allowing ingress and egress from her property. Her son has a breathing problem and it is a burden for him to walk long distances. The requester desires to have two 3 foot red zones installed on each side of her driveway. STAFF RECOMMENDATION: We recommend the installation of the two 3 foot red zone on each side of her driveway. EXHIBITS: 1. Letter 2. Location Map 2000-10 /74 cz-yLe' 7_,.g C.0 00 / 0 (,t))6 g)-7-1'2 /97 6tY 0672,eii'Y 17 `,; , a,,.._ a iytxj-q Cuyk tit ctieg--. rrc 1-0 /6' 624- 6-"-L4)/L Oerkt,62-e, WoLAA 72_,e-e3 Ke-ce /3-1(9-e-" a,a_, apA)97 -..-- actJ-t Wu-- pcat,c4, V-iii e;.,,„,e '2/ 617 c .ati,L)-1 ,f-,61 .7J7 3 0,cd ,vtiy A ,de_i f- 1 — e - e s 1-Pvt) ea--1-- ,,., e,t-i-.,/-0,- int- ply 67/) '-6 127--y pl-IA9- fie.. C-o-7- /41tiLeA 0-4/Lei OW 4-4-1"-JiL) P 61--t-A-1 l'o--- 024- -tiL, 61-4".(Ja • )2-"' ..6- 1--31)11V 0 (iii.4€ LevLJ ilill9 tn)L (i)JL Lii" M ett;6/i _ Iiitc,sca (9,7“L li J Ig3z �y34 cJP2. mew le C Je- C'c CiiGc-a 0 AY 70 m CASA PL LANOITAN a � 70 z z NJ 70 m ORANGE -i EUCLID c v L L !fi LANLLITAN AVE alS HIVI City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 25, 2000 4 AGENDA ITEM NO. (-ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO RED" "NO PARKING" ZONES ADJACENT TO THE DRIVEWAY AT 615 E. 16TH STREET (E. CARY, TSC ITEM NO. 2000-11) PREPARED BY Adam J. Landa DEPARTMENT Engineering EXPLANATION Ms. Eiko Cary, the owner of 615 E. 16th Street has requested the installation of two red curb no parking zones adjacent to the driveway serving her property. According to Ms. Cary, parked vehicles are encroaching into her driveway thereby not allowing ingress and egress from her property. The requester desires to have two 3 foot red curb zones installed on each side of her driveway. The Traffic Safety Committee has approved 3 feet of red "no parking" zone on both sides of her driveway. Environmental Review x N/A Financial Statement N/A \(> STAFF RECOMMENDATION 4 Adopt the Resolutio����; t Account No. BOARD /COMMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of April 12, 2000 approved the 3 foot red "no parking" zones on both sides of her driveway at 615 E. 16th Street. (ATTACHMENTS ( Listed Below ) Resolution No. 2000-44 1. Resolution 2. Staff Report to the Traffic Safety Committee A-2W F9/8 RESOLUTION NO. 2000 — 44 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 615 EAST 16TH STREET (E. Cary, TSC Item No. 2000-11) WHEREAS, Eiko Cary, the owner of 615 East 16th Street, has requested the installation of three-foot red no parking zones on each side of her driveway; and WHEREAS, parked vehicles encroach into the driveway blocking the ingress and egress from her home; and WHEREAS, at its meeting on April 12, 2000, the Traffic Safety Committee approved installation of three-foot red no parking zones on each side of the driveway at 615 East 16th Street. 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 615 East 16th Street. PASSED and ADOPTED this 25th day of April, 2000. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. iser, III City Attorney George H. Waters, Mayor NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR APRIL 12, 2000 ITEM TITLE: REQUEST FOR INSTALLATION OF RED "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 615 E. 16TH STREET (BY: E. CARY) PREPARED BY: Adam J. Landa,;Engineering Department DISCUSSION: Ms. Eiko Cary, the owner of 615 E. 16th Street has requested the installation of two red driveway wings adjacent to the driveway serving her property. According to Ms. Cary, parked vehicles are encroaching into her driveway thereby not allowing ingress and egress from her property. The requester desires to have two 3 foot red zones installed on each side of her driveway. STAFF RECOMMENDATION: We recommend the installation of the two 3 foot red zone on each side of her driveway. EXHIBITS: t. Location Map 2000-10 BEET W Z W STREET 16TH STREET N. C. MIDDLE SCHOOL 18th w STREET D z w > w w z W w 19th I STREET W z J I I- I STREET 21st STREET t 20th 21st City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 25, 2000 5 AGENDA ITEM NO. i'ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO PERMIT THE \ INSTALLATION OF TWO STOP SIGNS AT CERVANTES AND HARBISON/LOGAN BY CITY OF SAN DIEGO (CITY OF SAN DIEGO, TSC ITEM NO. 2000-8) PREPARED BY Adam J. Landa DEPARTMENT Engineering EXPLANATION The intersection of Cervantes and Harbison/Logan is within the City of San Diego, except for the south leg (Harbison Avenue - see attached location map). The City of San Diego has received a request from the community for the installation of "STOP" signs. A copy of their study is attached. The City of San Diego now has requested that National City review their report and concur that "Stop" signs are necessary, and that they be allowed to install the sign on Harbison Avenue (within National City). Staff has reviewed the report by the City of San Diego and agrees with their findings. Environmental Review Financial Statement N/A STAFF RECOMMENDATIO X NIA Account No. Adopt the Resolution with the recommends ion that the stop signs be allowed providing the City of San Diego does th installation and maintenance. BOARD/COMMISSIONEC E ATION The Traffic Safety Committee at its meeting of April 12, 2000 approved the stop signs installation at the intersection of Cervantes and Harbison/Logan by the City of San Diego. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolute .'o. 7nnn-45 2.S°(AO) RESOLUTION NO. 2000 — 45 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO PERMIT THE INSTALLATION OF TWO STOP SIGNS BY THE CITY OF SAN DIEGO AT CERVANTES AND HARBISON/LOGAN AVENUE (City of San Diego, TSC Item No. 2000-8) WHEREAS, the intersection of Cervantes and Harbison/Logan Avenue is within the City of San Diego, except for the south portion which in within National City; and WHEREAS, the City of San Diego has received a request from the community for the installation of a stop sign; and WHEREAS, the City of San Diego has requested that the City of National City allow San Diego to install the stop sign on Harbison Avenue which is within National City; and WHEREAS, at its meeting on April 12, 2000, the Traffic Safety Committee approved installation by the City of San Diego of the stop sign on Harbison Avenue at Cervantes within National City. NOW, THEREFORE, BE ITiRESOLVED by the City Council of the City of National City that the City Engineer is authorized to permit the installation of two stop signs by the City of San Diego at Cervantes and Harbison/Logan Avenue. PASSED and ADOPTED this 25th day of April, 2000. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: /4 /3 00.64. George H. Eiser, III City Attorney George H. Waters, Mayor 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR APRIL 12, 2000 ITEM TITLE: REQUEST TO PROVIDE A 2-WAY STOP CONTROL AT THE INTERSECTION OF CERVANTES AND HARBISON/ LOGAN (BY: CITY OF SAN DIEGO. TEL. NO. 533-30121 PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: The intersection of Cervantes and Harbison/Logan is within the City of San Diego, except for the south leg (Harbison Avenue - see attached location map). The City of San Diego has received a request from the community for the installation of "STOP" signs at this intersection. They have determined that the intersection warrants "STOP" signs. A copy of their study is attached. The City of San Diego now has requested that National City review their report and concur that "Stop" signs are necessary, and that they be allowed to install the sign on Harbison Avenue (within National City). Staff has reviewed the report by the City of San Diego and agrees with their findings. STAFF RECOMMENDATION: It is recommended that the stop signs be allowed providing that the City of San Diego does the installation and maintenance of them. EXHIBITS: 1. Letter 2. Location Map 2000-8 THE CITY OF SAN DIEGO: TR 241,532/ T-0468 March 3, 2000 Burton S. Meyers, City Engineer City of National City 1243 National City Boulevard National City CA 91950 UP OF NATIONAL GP E►1GINEERINg DEPT. RECEIVED Dear Mr. Meyers: At the request of a member of the community, we evaluated the intersection of Cervantes Avenue and Harbison Avenue / Logan Avenue for stop signs. Our evaluation determined that the intersection met the criteria established in City of San Diego Council Policy 200-08 for stop signs facing southbound traffic on Logan Avenue within the jurisdiction of the City of San Diego an facing northbound traffic on Harbison Avenue within the jurisdiction of the City of National City. Please review the intersection nf of Cervantes stop sign. Attached is our stop evaluationhe intersection, an existing conditions sketch and a proposed conditions sketch. If you have questions, please contact me at (619) 533-3012. , Allen Holden, Jr. Deputy Directox JHD/CMS:rm Traffic Engineering Division • Transportation 1010 Second Avenue, Suite 800 • San Diego, (A 92101 Tel (619) 533-3126 Fax (619) 533-3131 STOP SIGN EVALUATION Traffic Request Number: Traffic Study Number. Traffic Study Date: Time: Main Street Side Street Existing condition: Requires 15 or more points for Stop Sign Qualifies for Stop Sign based on other criteria? (YIN) ACCIDENT EXPERIENCE Recent 3 year period: # Acc = VISIBILITY CONDITIONS Main Street Cervantes Avenue Width (FT) = Parking (YIN) ? a" (FT) = d"(FT)= to (Distance from curb to view obstr.) (Distance from curb to view obstr.) Side Street Logan Avenue/Harbison Avenue Width (FT) = Parking (Y/N)? b" (FT) = c" (FT) = (Distance from curb to view obstr.) (Distance from curb to view obstr.) Critical Approach Speed 10 MPH TRAFFIC & PEDESTRIAN VOLUMES Main Street. Cervantes Avenue Sum of the main street approaches Vol = ; (15 Minute Count) (Peak Hour Count) :?i . (ADT Count) 5,750 (24 hour volume) Side Street: Logan AvenuelHarblson Avenue Sum of the side street approaches Vol = . (15 Minute Count) (Peak Hour Count) Peds crossin side Street Vol = a ' (15 Minute Count) (Peak Hour Count) 29 (Peak Hour Volume) SPECIAL CONDITIONS Enter 0 - 3 points: .,xm,%,,.,ce; Describe:.,' ,.:: ;�'-, t�..��y� 0 Point(s) 9 Point(s) 5 Point(s) 1 Point(s) 0 Point(s) (TOTAL 15 POINT(S) I Qualifies for Stop Sign based on visibility Qualifies for Stop Sign based on mainstreet volume Qualifies for Stop Sign based on Points Investigator NM a Date: 03/02/00 LOGAN AVENUE SAN.DIEIGO CITY LIMITS NATIONAL CITY LIMITS • EXISTING CONDITIONS AT CERVANTES AVENUE & HARBISON AVENUE/LOGAN AVENUE 03/02/200� HARBIPQN AVM% c CERVANTES AVENUE LOGAN AVENUE dOlS SAN DIEIGO CITY LIMITS I.III I. III IN!IMI.I III .I III IMP EP NATIONAL CITY LIMITS LI PROPOSED STOP SIGNS AT CERVANTES AVENUE & . HARBISON AVENUE/LOGAN AVENUE 03/02/2000 CERVANTES AVENUE STOP HARBISON AVENUE AVENUE v) z r P1 P1 BELMONT 73 IIIo � KENTON HARBISON AVENUE AVENUE AVENUE CITY OF SAN DIEGO Nr LOGAN AVE. 1-1 m City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE APRIL 25, 2000 6 AGENDA ITEM NO. (-ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO INSTALL TWO. - ADDITIONAL STOP SIGNS AT 20TH STREET AND GRANGER AVENUE (GRANGER JR. HIGH SCHOOL AND OFFICER DOW, TSC ITEM NO. 2000-9) PREPARED BY ADAM J. LANDA DEPARTMENT ENGINEERING EXPLANATION Granger Jr. High School and National City Police Officer Dow have requested the installation of "4-Way" stop signs at the intersection of 20th Street and Granger Avenue. Presently, this is a "2-Way" stop intersection for the East/West direction, Granger Avenue. According to the school and Officer Dow there is a speeding and pedestrian problem through the intersection which they believe "4-Way" stop sins will remedy. Staff performed a study for a "4-Way" stop control for the intersection of E. 20th Street and Granger Avenue. Based upon the attached warrants, the intersection scores only twenty-four points out of the necessary thirty points for a "4-Way" stop consideration. There is a speed limit of 25 MPH on 20th Street and a 30-MPH on Granger Avenue. (25 MPH when children are present). However, due to the special circumstances associated with the school, it is recommended that the intersection be changed from a "Two -Way" to a "4-Way" stop. Environmental Review x N/A Financial Statement N/A Account No. STAFF RECOMMENDAT It is recommended that because of the school that two additional stop signs be installed in the intersection even though the intersection does not meet the State of California warrants. BOARD fQ0MMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of April 12, 2000 recommended the installation of two additional stop signs at 20th Street and Granger Avenue. ATTACHMENTS ( Listed Below ) Resolution No. 2000-46 1. Resolution 2. Staff Report to the Traffic Safety Committee RESOLUTION NO. 2000 — 46 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO INSTALL TWO ADDITIONAL STOP SIGNS AT EAST 20TH STREET AND GRANGER AVENUE (Granger Jr. High School, TSC Item No. 2000-9) WHEREAS, Granger Jr. High School has requested the upgrade of the current two-way stop sign to a four-way stop sign at the intersection of East 20`h Street and Granger Avenue; and WHEREAS, according to the guidelines adopted by the State of California, the intersection scores only 24 points out of the necessary 30 points for consideration as four-way stop; and WHEREAS, due to the presence of school children and the excess speed of vehicles through the intersection, the Traffic Safety Committee, at its meeting on April 12, 2000, approved installation of four-way stop signs at East 20th Street and Granger Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to install two additional stop signs at East 20th Street and Granger Avenue. PASSED and ADOPTED this 25th day of April, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR APRIL 12, 2000 \ 3 \ ITEM TITLE: REQUEST TO PROVIDE A 4-WAY STOP CONTROL AT THE INTERSECTION OF E. 20TH STREET AND GRANGER AVENE (BY: GRANGER JUNIOR HIGH SCHOOL AND OFFICER DOW, TEL. 472-6000) PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: Granger Jr. High School and Officer Dow has requested the installation of "Stop" signs at E. 20th Street and Granger Avenue. According to them, they believe that there is traffic problems and that there is a lack of visible signs indicating that children are crossing in the area. They have also requested mid -block crosswalks and a review of the existing pavement markings, striping, and signage. Staff performed a study for a 4-way stop control for the intersection of E. 20th Street and Granger Avenue. Based upon the attached warrants, the intersection scores only twenty-four (24) out of the necessary thirty (30) for a 4-way stop consideration. There is a speed limit of 25 MPH on 20th Street and a 30-MPH on Granger Avenue. STAFF RECOMMENDATION: It is recommended that the stop signs not be installed because they do not meet the State of California warrants, but that 3 new 25 MPH when children are presence (S1-1, S4-2, R2-1) signs be installed. Mid -block crosswalks are not recommended since it gives the pedestrian a false sense of security. However we agree that pavement markings, striping, and additional signage may be needed, and we are in the process of evaluating the existing conditions. EXHIBITS: 1. Report and Requests 2. Location Map 3. Warrants 4. Traffic Counts I I I I I I I I r 1 I I t I 1 t I I I I The Problem I am employed by the City of National City as a Police officer. I am currently assigned to the Community Services Division as a School Resource Officer. As a liaison to the Sweetwater Union High School District, the majority of my duties focus on providing public safety and law enforcement services to area schools. In my assignment, I deal predominantly with the issues effecting student safety in and around the campus community of Granger Junior High School. On February 2, 2000 Granger Junior High School Principal Maria Castillejas expressed her concern regarding the lack of visible traffic control devices in the 2000 - 2400 blocks of Granger. Avenue. Specifically, Principal Castillejas cited the lack of high visibility "School Zone" markings on the roadway directly in front of the school, the lack of "School Zone" signs in the vicinity, and the possible safety hazard caused by the two- way stop configuration of the intersection of E 20th Street and Granger Avenue. Principal Castillejas also expressed interest in creating a mid -block crosswalk directly in front of the school to aid students in crossing Granger Avenue during peak pedestrian use hours (generally 0745 hours and 1510 hours). The Scene Granger Junior High School is located at 2101 Granger Avenue. The school accommodates grades 7-9, and serves a student body of approximately 1,140 pupils. A large portion of these students live in close proximity to the school, and walk to and from the campus on a daily basis. i I 1 l I I I I l i 1 I The Scene (continued) The 2100 block of Granger Avenue is a N!S roadway of concrete construction in good repair. The roadway is comprised of one lane of travel in each direction, which are separated by a single yellow line. The speed limit on Granger Avenue from the 1800 block to the 2000 block, and from the 2400 block to the 2600 block, is 30 miles per hour. Between the 2000 block and the 2400 block of Granger Avenue the speed limit is 25 miles per hour due to the roadway's status as a school zone. Marked crosswalks are present at the intersection of E 24th Street and Granger Avenue, and at the intersection of E 20th Street and Granger Avenue. Stop signs control traffic in the three directions of travel at the intersection of E 24th Street and Granger Avenue, and stop signs are present for E/B and WB traffic on E 20th Street at the intersection of E 20`h Street and Granger Avenue. The following signs are posted at these locations in the vicinity: a "School, Speed Limit 25" sign posted on the W sidewalk of the 1900 block of Granger Avenue approximately 120.9 feet N of the N curbline of E 20th Street, and a pictogram sign depicting two students crossing accompanied by the word "School" posted on the W sidewalk of the 1900 block of Granger Avenue approximately 261.6 feet N of the N curbline of E 20th Street. Pavement markings stating "Slow School Xing" are present in the S/B lane of travel ascending the 1900 block of Granger Avenue approaching E 20th Street. A third sign is posted on the E sidewalk of the 2300 block of Granger Avenue. The sign states "School, Speed Limit 25", addresses the NB lane of travel, and I V I I I M.11, I r I I I I I I I The Scene (continued) is located approximately 165.2 feet N of the N curbline extension of E 24t° Street. There are no additional markings or signs posted in the area. The 2100 block of Granger Avenue is currently undergoing repairs and upgrades. Traffic Survey and Analysis I contacted City Engineer Burt Myers on February 2, 2000 and spoke with him regarding the concerns expressed by Principal Castillejas. Mr. Myers recommended I conduct or commission a traffic survey of the 2100 block of Granger Avenue. Mr. Myers expressed his desire to accommodate Principal Castillejas' requests regarding increased signage and visibility in the area to the extent that the improvements complied with existing municipal code sections and State of California requirements. On February 14, 2000 I contacted National City Police Department Crime Analyst Molli Duker and requested a review of the statistics regarding traffic collisions, citations, and other incidents in the 1800 to 2400 block of Granger Avenue. Ms. Duker's report revealed three (3) D.U.I. arrests in 1998, three (3) traffic collisions between 1997 and 1999, 21 citations in 1997, 38 citations in 1998, and 21 citations in 1999. Several vehicle impounds were also documented in Ms. Duker's report. On February 15, 2000, per my request, National City Police Department Senior Officer James White (Traffic Division) conducted traffic survey in the 2100 block of Granger Avenue between 1110 hours and 1210 hours. Senior Officer White recorded 57 vehicles using a laser radar device, and documented an average speed of 26.4 miles per hour. A survey conducted a week earlier in the 2100 block of Granger Avenue using a I I I I I I I I I I I I I Traffic Survey and Analysis (continued) photo radar trailer recorded 273 vehicles, and again documented an average speed of 26.4 miles per hour. Unfortunately, the raw data recorded (hours of survey, percentiles, etc.) were not retained by the trailer. Senior Officer White included an Engineering Speed Survey of the 2100 block of Granger Avenue conducted on September 24, 1997. The survey recorded 120 vehicles and documented and average speed of 27.8 miles per hour. The average speeds documented in each survey indicate the majority of vehicles travelling in the 2100 block of Granger Avenue observe the 25 miles per hour speed limit, with a few notable exceptions. Based on my general observations, the majority of drivers maintain an acceptable speed on Granger Avenue in front of the school. I have noticed on several occasions, however, vehicles being driven at speeds that appear to be well in excess of the 25 miles per hour speed limit. An area of concern is the traffic situation in the minutes immediately before and after school hours of operation. Granger Junior High School is regularly in session between 0800 hours and 1510 hours during the week. Traffic congestion is extreme during the minutes before and after school due to large numbers of parents delivering and/or retrieving children to/from school. Additionally, an exodus of students occurs at 1510 hours each day during the week when the majority of the Granger Junior High School students exit the school via the main entrance on Granger Avenue. Most of these students walk to homes in the immediate area, while the remainder are picked up by parents waiting along the curb in front of the school. Often, parents double park I I I I I I I I I ■ I I I I I I I I M 1 Traffic Survey and Analysis (continued) momentarily in order to allow their children to enter their vehicle, causing roadway congestion. Contributing to the congestion problem in front of the school is the tendency of students to cross the street in the mid -block of the 2100 block of Granger Avenue. While the majority of students use the crosswalks present at the intersection of E 20th Street and Granger Avenue, some students choose to cross directly in front of the school. This practice, in turn, causes vehicles present in the roadway to yield, causing further delays. School officials have been'entirely cooperative in efforts to dissuade students from crossing mid -block and in enticing them to use the established crosswalks. Granger Junior High School officials monitor the situation on a daily basis, and post a campus security officer in front of the school between 1505 hours and 1520 hours. The campus security officer assists in the effort to create a more orderly traffic flow. Recommendations I believe Principal Castillejas' assessment of the situation is correct: there exists a shortage of high visibility traffic control signs, roadway paintings, and school zone awareness devices in front of, and around, the Granger Junior High School campus. The 2100 block of Granger Avenue is especially devoid of any high visibility signs and devices that would serve to increase driver awareness and student safety. The attached series of photographs depict the current situation in regards to traffic safety in the areas surrounding Granger Junior High School. These photographs were Recommendations (continued) obtained on March 8, 2000 using a digital computer -interface camera. The photographs are labeled 02, 03, 04, 08, and 012. Photograph 04 is of the1900 block of Granger Avenue, and depicts the SIB lanes of travel approaching E 20th Street. As depicted in the photograph, the SIB lanes of travel ascend the 1900 block of Granger Avenue at a rather steep gradient. Two "School Zone" related signs are posted near the crest of the grade, however, they are not prominently displayed. In addition, the "School Zone" roadway marking is not clearly visible to drivers approaching the crest of the grade, which is comprised of the intersection of E 20th Street and Granger Avenue. A clear safety hazard exists in this area. The most noticeable problem is the lack of highly visible signs indicating the presence of children walking in the area. This condition is exacerbated by the poorly visible "School Xing" roadway paint sign that is posted near the crest of the grade. Drivers proceeding SIB on Granger Avenue at the average speed of 27.8 miles per hour may not have sufficient notice as to the presence of pedestrians in the roadway, and consequently, may not have sufficient time to stop in order to avoid a collision. Photograph 08 is of the intersection of E 20th Street and Granger Avenue. This intersection is a two-way stop, with stop signs posted on both W/B and EB lanes of E 20th Street. No stop signs are posted for the NB and SIB lanes of travel of Granger Avenue, and based on the criteria detailed regarding the posting of stop signs in the California Division of Highways Maintenance Manual, traffic conditions in this area do not warrant the posting of additional stop sign devices. National City Municipal Code I I i I I I t I I c Recommendations (continued) section 11.20.040 regarding "Installation Procedure" states, however, that devices may be posted "to relieve traffic congestion or to protect life or property from exceptional hazard". Based on the conditions present in this intersection during and after school hours when large numbers of students use the crosswalks to cross the roadways, an exceptional hazard may exist. Additionally, the crosswalk markings are in a state of poor repair. As depicted in the photograph, the yellow markings have become dulled, and recent road repairs have obliterated some of the markings altogether. Photograph 012 is of the 2100 block of Granger Avenue directly in front of the campus main entrance. This photograph displays the NB lanes of travel on Granger Avenue. It is immediately apparent that no traffic control devices or awareness signs are present, and the uninitiated driver not familiar with traffic conditions at the school would fail to be advised of the presence of pedestrians in the roadway. As a result of the above observations, I recommend the following steps be taken to enhance the safety of the students and pedestrians making use of the roadways in this area: 1) Signs should be posted in the 1900 block of the S/B lanes of Granger Avenue advising drivers of the presence of pedestrians in the roadway. The existing signs and paintings should be relocated, refurbished, or otherwise made more prominent in this area. 2) Although the traffic conditions in the area do not meet the objective criteria detailed in the Division of Highways Maintenance Manual, there exists a credible threat to pedestrian safety in the intersection of E 20th Street and Granger Avenue. As a result, the I I I I I I I 11 1 I 1' I I I Recommendations (continued) idea of upgrading the intersection to a four-way stop should be evaluated. Additionally, the crosswalk markings should be repaired to their original high -visibility condition. 3) The roadway directly in front of the main entrance of Granger Junior High School in the 2100 block of Granger Avenue is utterly devoid of traffic control and driver awareness devices. This presents a safety issue in an area that sustains the highest volume of pedestrian traffic during school hours. Increased signage and roadway "School Xing" paintings should be established in this area to increase driver awareness and pedestrian safety. 4) Finally, a mid -block crosswalk should be evaluated in this area. Current practice in traffic engineering leans away from the concept of establishing marked crosswalks on the basis that they provide pedestrians with a false sense of security. The executive staff at Granger Junior High School are aware of this concept, however, and they have pledged assistance in staffing any mid -block crosswalk that is established in the area with school security officials during both morning and afternoon hours. A school security officer currently staffs a post in this area, and would be trained by the school and the police department in pedestrian management. Photographs 02 and 03 depict a model mid -block crosswalk that has been established at Southwestern Community College in Chula Vista. The marked lanes of pedestrian use are made more visible to drivers via the use of beacon standards that display a prominent yellow flashing light. The light is high visibility in the daytime (reference photograph 03), and appears to be an effective alternative to establishing stop signs in heavily used pedestrian areas. Per Campus Police Officer W. Elyea, the standards 1 I I I I I I I I I I I i 1 i 1 i f 1 Recommendations (continuedt cost approximately $725.00 per copy, and are maintained at a low cost. Additionally, the beacons utilize standard 110 outlet power sources, which are readily available in most circumstances. The devices are marketed by a corporation in Los Angeles, and replacement parts are available locally through a company in San Marcos, California. Conclusion The issues that contribute to the unsafe conditions in the area surrounding Granger Junior High School are easily correctable. The City of National City has an interested partner in the executive staff at Granger Junior High School in regards to remedying the deficiencies documented in the above narrative. The recommendations included in this narrative are in agreement with the wishes of Granger Junior High School Principal Castillejas and her staff, and unlimately, are in agreement with the safety needs of the student body and area pedestrians. I hope this narrative is useful in expressing Principal Castillejas' desire for increased safety in front of Granger Junior High School. Any clarifying questions or comments may be directed to me at (619) 336-4534, or to Principal Castillejas at (619) 472-6000. Yours in service, Officer Timothy M. Dow National City Police Department March 8, 2000 C2 (756x504xlail jpegj I c bt)-2t.U4X.LoM ]peg Vi 144 08 (756x504x16M jpeg) SPEEDPLOT 2 Soot Speed Analysis Ver. 2.00A/McTRANS GRANGER AVE: BTN 18TH-S. CITY LIMIT • DIRECTION(S) NB 50TH PERCENTILE SPEED 28 DATE 9/24/1997 85TH PERCENTILE SPEED 32 - TIME 3-00 10 MPH PACE SPEED 23 throug'"-12 POSTED SPEED LIMIT. MPH PERCENT IN PACE SPEED .3 '% PERCENT OVER PACE SPEED 8.3 PERCENT UNDER PACE SPEED 8.3 CUM RANGE OF SPEEDS 20 to 35 MPH NO. PCT. PCT. VEHICLES OBSERVED 120 AVERAGE SPEED 27.8 0 0 0.0 0.0 1 0 0.0 0.0 CUMULATIVE PERCENT VS. SPEED (MPH) 2 0 0.0 0.0+----+----+----+----+----+----+----+----+----+ 3 0 0.0 0.0 100 ************10 4 0 0.0 0.0 - 5 0 0.0 0.0 90 * 6 0 0.0 0.0 - * 7 0 0.0 0.0 80 8 0 0.0 0.0 - * 9 0 0.0 0.0 70 10 0 0.0 0.0 - 11 0 0.0 0.0 60 12 0 0.0 0.0 - 13 0 0.0 0.0 50 14 0 0.0 0.0 - 15 0 0.0 0.0 40 16 0 0.0 0.0 - 17 0 0.0 0.0 30 18 0 0.0 0.0 - 19 0 0.0 0.0 20 20 5 4.2 4.2 - 21 5 4.2 8.3 10 22 0 0.0 8.3 - 23 6 5.0 13.3 0******************** 24 5 4.2 17.5 +----+----+ +----+----+----+----+----+ 25 9 7.5 25.0 0 10 20 30 40 26 11 9.2 34.2 27 11 9.2 43.3 28 16 13.3 56.7 29 12 10.0 66.7 30 10 8.3 75.0 31 12 10.0 85.0 32 8 6.7 91.7 33 5 4.2 95.8 - 34 0 0.0 95.8 - 35 5 4.2 100.0 36 0 0.0 100.0 10 37 0 0.0 100.0 - 38 0 0.0 100.0 - 39 0 0.0 100.0 - 40 0 0.0 100.0 - a1 0 0.0 100.0 5 -42 0 0.0 100.0 - 43 0 0.0 100.0 - 44 0 0.0 100.0 - 45 0 0.0 100.0 - 46 0 0.0 100.0 > 6 0 0.0 1^^.0 ** ** * ** PERCENT VS. SPEED (MPH) 1 0 10 20 30 40 90 80 70 60 50 40 30 2C 1C 0 1 FEBRUARY 14, 2000 TO: OFFICER TIM DOW FROM: MOLLI DUKER, CRIME ANALYSIS SUBJECT: STATISTICS FOR 1800-2400 GRANGER HERE IS THE INFORMATION YOU REQUESTED FOR 1800-2400 GRANGER. THIS INFORMATION IS FOR 1997 THROUGH 1999. D.U.I.'S 3 IN 1998 TRAFFIC ACCIDENTS 1 IN 1997 1 IN 1998 1 IN 1999 TRAFFIC CITATIONS 21 IN 1997 38 IN 1998 12 IN 1999 1998 22651P VC x 6 22651G VC x 2 22951 VC x 2 1999 22951 VC x 3 IF YOU NEED ANYTHING ELSE PLEASE LET ME KNOW. THANKS. P ,VENUE SS AVENUE LAN❑ITAN to LA SIESTA ANGER GRANGER C oz orti VAN NESS AVENUE AVENUE WAY AVENUE m d e•l6/4-1%1CA e POLICY FOR 4-WAY STOP CONTROL 1. PURPOSE A fully justified, properly installed four-way stop can effectively assign right-of-way, reduce vehicle delay and decrease accidents. Generally, a four-way stop is reserved for use at the intersection of two through highways, and only as an interim traffic control measure prior to signali7ation. 2. GENERAL The posting of an intersection for four-way stop control should be based on factual data. Warrants to be considered include: 1. Through street conditions. 2. Accident records. 3. Traffic and pedestrian volumes. 4. Unusual conditions such as proximity of schools, fire stations, vision obscurement, etc. Points are assigned to each of these warrants. The total possible points is 50. The installation of four-way stop control is justified with a total of 30 points. 3. THROUGH STREET WARRANT One of the approaching streets to the intersection must be a through highway before the intersection can be considered for four-way stop control. A through highway shall extend atiellsze mile in both direction from the intersection under consideration, and shall meet the conditions set forth on Page 8, Section 2f of the Highway Capacity Manual, 1965. A. If only one of the intersecting streets is a through highway. 1-3 Pts. B. If both streets are through highways. 3-5 Pts. Maximum 5 points. 4. ACCIDENT WARRANT Two points are assigned for each accident susceptible to correction by four-way stop control during one full year prior to the investigation. Maximum 14 points. 4©_ 5. UNUSUAL CONDITION WARRANT Where unusual conditions exist at the intersection such as a school fire station, playground, vision obscurement, etc., points are assigned on the basis of engineering judgment. Unusual conditions shall be considered only if within 500 feet of the intersection. Maximum 10 points. 6. VOLUME WARRANT A. Total entering vehicle volume must equal 2,000 vehicles for the four highest hours in an average day. B. Total side street vehicular and pedestrian volume must equal 600 minimum during the same four hour period. Points shall be assigned in accordance with the following tables: ALL APPROACHES Highest Four Hour Volume Points 0 - 1400 1401 - 1700 1701 - 2000 2001 - 2300 2301 - 2600 2601 - 2900 2901 - 3200 3201 - 3500 3501 - 3800 3801 - 4100 4101 - 4400 4401 - 4700 4701 - 5000 5001 - 5300 5301 - 5600 5601 - 5900 Over 5900 Maximum 13 Points 0 1 �2., v,I51 4 5 6 8 7 6 5 4 3 2 1 0 lo TOTAL MINOR STREET PEDESTRIAN & VEHICLE VOLUME (BOTH APPROACHES) Highest Four Hour Volume Points 600 - 800 801 - 1200 1201 - 1400 1401 - 1600 1601 - Over 2 3 4 5 tgSW aoi P 7. VOLUME SPLIT WARRANT: Four-way stops operate best where the minor approach and the major approach volumes are nearly equal. Points shall be assigned in accordance with the following table: 24-Hour inor Street Volume ajor Street Volume (%) Points Maximum 8 Points. SA:jha2 polistop 95+ 85 - 94 75 - 84 65-74 55-64 45 - 54 35 - 44 25 - 34 0-24 ,‘• CX N0`S e i w I17z 104,3 1117 11* 012g1 / 1'77 8 76 geTS 3 2 I 0 4 /0 2 3 5 APR-04-00 04:58 AM TRAFFIC_DATA_SERVICE_SW. 619 390 8495 P.02 *Sher : Clear & Dry 1:9lnted by: C. Parish 9 : 01-1424 ion : Granger Avenue & 20th Street {Granger Avenue 1Southbound 6tart I 28/00 47:001 07:1S( 67:301 LL,,;;��T•45 :00 T15 :30 •4 Hour otal tnt. T ru Traffic Date Service Southwest 9773 Maine Avenue Lakeside, CA 92040 voice / Fax (619) 390-8495 vehicle group 1 20th Street 'Granger Avenue tiestbound 'Northbound 0 11 2 1 4 3 20 5 5 2 6 2 8 35 8 3 3 11 6 9 13 17w 12J 7 8 20 139 27 21 14 31 20 7 46 8 2 2 8 0 0 1 10 0 0 0 11 10 75 4 30 214 35 25 9.8 70.3 11.5 8.2 2.7 19.4 3.1 2.2 4 41 61 261 4J 100 2 13 4 13 1 0 4 2 1 5 1 13 3 3 1 0 7 21 10 28 21 52 30 128 9.0 22.5 12,9 55.4 1.9 4.7 2.7 11.6 :Pa4k Hour Analysis By Entire intersection for the Period: ':T(me 07:15 vol. 27 174 33 22 :Pt. 10.5 67.9 12.8 8.5 7o(el 256. 'Nfigh 07i45 $t, 9 73 12 12 total 1Q6 411F 0.603 Left T Rt 20th Street Eastbound Study Name: 0540t Stte Code : 0D054010 Start Dote: 03/28/00 Page : 1 ru R t lntvl. Total 0 8 0 3 0 0 0 3 47 0 21 3 13 2 4 3 8 103 9 39. 0 18 0 4 t 7 16 193 22 59 6 691 - 1 1 13 311 392 31 127 9 103 33 9 23 56 735 18 47 9 22 0 10 5 3 1 11 0 0 0 12 2 0 19 80 16 25 50 207 25 128 12.1 50:4 6.0 31.2 4,5 18,8 2.2 11.6 4 6 17 13 0 7 5 0 o 2 2 " 1 O 1 3 1 4 16 27 15 - T 25 - 50 73 4.5 16.1 32.2 47.0 "0.6 2.2 - 4.5 6.6 07:00 on 03/28/00 to 06:45 on 03/28/00 07;15 07:15 07:15 12 37 20 109 49 166 18 122 7 6.7 20.7 11.2 61.2 13.8 46.7 5.0 34.3 -5.3 178 355 130 07:45 07:45 01' 45 5 7 8 64 22 59 6 69 1 84 156 46 0.529 0.568 0_706 15 40 68 11.5 -30.7 52.3 1 13 31 231 47 48 39 365 1100 S4 APR-04-00 04:59 AM TRAFFIC_DATA_SERVICE_SW. 619 390 8495 p.04 k Hour Analysis By Entire Intersection for the Period: 14:00 on 03/28/00 to me 14:45 14:45 14:45 1. 18 85 27 14 14 23 21 227 31 105 ,_0 t. 12.5 59.0 18.7 9.7 4.9 8.0 7.3 79.6 11.6 39.4 .,Total 144 285 266 11 9h 15:00 15:00 15:00 1(1t. 6 26 14 4 2 4 12 119 9 28 To et 50 137 123 011F 0.720 0.520 0.540 tier : Clear & Dry igtted by: C. Parish 0 : 01-1424 ion : Granger Avenue & 20th Street Traffic Data Service Southwest 9773 mina Avenue Lakeside, CA 92040 Voice ! Fax (619) 390-4495 vehicle SrOOP 1 'Granger Avenue 20th Street Granger Avenue 120th Street 1Southbound Westbound Northbound 'Eastbound 1lntvt. t eft Lru i,ht P-�� t Thr Ri• t P•- eft Thru R1• P eft Thr Rig , out 4:00 2 13 2 0 0 0 2 0 3 9 4 01 12 4 2 11 44 4:15 2 15 0 0 0 6 1 0 5 15 4 01 1 3 2 01 S& 4:30 2 16 4 0 1 15 1 0 2 12. 7 11 1 13 2 21 179 4 5 16 5 5 3 9 1 2 4 11 1 131 5 10 9 _07 4out 11 62 11 5 4 30 5 21, 14 47 16 141' 9 30 15 91 284 1 t_ 5:00 6 26 14 4 2 4 12 1191 9 28 10 761 1 4 10 211 346 5:15 4 30 7 2 6 4 3 871 11 51 5 201 2 6 5 101 253 5:30 3 11 1 3 3 6 5 191 7 15 2 31 0 6 4 51 93 7 12 2 2 14 S 21 1 11 3 5t 61 Sour 20 79 24 11 14 15 23 232r 30 108 22 . 1011 4 27 22 411 773 otal 31 141 35 (76V 18 45 28 2341 44 155 38 115.1 13 57 37 ,171 l057 `I r 13.9 63.2 15.6 7.11 5.5 13.8 8.6 72.01 12.5 44.0 10.7 32.61 t8 3381 ' • ^ Y I t. 2.9 13.3 3.3 1.51 1.7 4.2 2.6 22.11 4.1 14.6 3.5 10.61 LL 2 5.36.3 3.5 4.71 ' P 15:45 on 03/28/g0 Study Nome: 054011 Site Code : 00054011 Start Dote: 03/28/00 Page : 1 18 112 6.7 42.1 10 76 14:45 26 .8 28 42 7.6 25.0 26.9 40.3 .104 15n 00 1 4 10 21 '36 0.722 APR-04-00 05:00 AM TRAFFIC_DATA_SERVICE_SW_ 619 390 8495 P.05 er : Clear 8 Dry bed by: C. Perish 0 t D1.1424 ion : Grenger Avenue 8 20th Street 'Granger Avenue ISouthbound I Left Thru Right Traffic Data Service Southwest 9773 Maine Avenue Lakeside, CA 92040 Voice f Fax (619) 390-8495 120th street jwestbound PadsI Granger 20th Street 185 14 2? 83 4 J( 42 vehicle group 1 'Granger Avenue 'Northbound Left Thru Right Pedal Left Thru Right bee 134 i8 I 278 f$ /80 :3 on 799 393 Study Name: 05401+ Site Code : 00054. Start Date; 03f28(00 Page : 2 120th Street (Eastbound Pods! Left Thru 4 41 T r� 34? 227 T- 21 .-- 23 14 -) 62 1Gx anger Avenue 112 26th Street lintel. Right 4edst Totat RPR-04-00 04:59 AM TRAFFIC_DRTA_SERVICE_SW. 619 390 8495 P.03 .;tbar : Clear $ Dry Aati ed by: C. Parish •heP{) it : D1-1424 ion Granger Avenue & 20th Street 'Granger Avenue (Southtaund lint j t 20th Street 119 F"' 7 249 15 40 '."j, 68 Traffic Oats Service Southwest 9773 Maine Avenue Lakeside, CA 92040 Voice / Fax (619) 390-S495 vehicle group 1 120th Street !Granger Avenue 'Westbound !Northbound ft Thr R1:h 22 u Granger Avetltte 33 174 27 193 T 449 •;: 919 N 581 <t T r} 226 49 166 13 Granger Avenue Study Name: 054010 Site Code : 00054010 Start Date: 03/20/00 Page : 2 120th Street (Eastbound of Th Ri 109 230 122 20th Street �tnevt_ t P ._ T• g[ P.11 APR-04-00 05:04 AM TRAFFIC_DATA_SERVICE_SW. 619 390 8495 31 1 Wkday Daily Fri Sat Avg. Avg. ',port rated by M$C3000 Version 2.021 AtphatMov 29 1995 08:54:16) Copyright 1990-1993 Micron ',Cation cation Code risdiotion *corder Set ecording Start ecording End ample Time aerator Number chine Number annel corder Mode Granger Avenue N/O 20th Street 200005403 City of Nt1 City 03/27/00 10:46 03/27/00 12:00 03/29/00 12:00 15 Minutes 03 31 1 Volume X of March 26, 2000. End 26 27 Time Sun Mon 01:00 02:00 03:00 04:00 05:00 06:00 07:00 08:00 09:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 24:00 Totals Avg Wkday Avg Day Peak Hr Count $ Peak Hr Count Channel; 1 Direction; 5 28 29 Tue Wed 5 4 1 3 2 5 0 0 3 5 10 11 28 26 154 159 140 136 42 46 41 55 52 38 54 54 54 53 133 82 140 125 101 90 66 61 61 58 38 35 34 32 16 24 8 14 12 11 717 1117 488 30 Thu 61.8 96.2 42.0 61.8 96.2 42.0 08:00 08:00 154 159 16100 16:00 140 125 5 5 2 2 4 4 0 0 4 4 11 11 27 27 157 157 138 138 44 44 48 48 45 45 54 54 54 54 108 108 133 133 96 96 64 64 60 60 37 37 33 33 20 20 11 11 12 12 1161 1161 APR-04-00 05:03 AM TRAFFIC_DATA_SERVICE_SW. 619 390 8495 P.10 sugimary RODort erated by NSC3000 version 2.02i AlphatNov 29 1995 08:54;16) Copyright 1990-1993 Hitronn Cation Cation Code urisdiction ecorder Set ecording Start ecording End mple Time erator Number _.. chine Number .... annel ecorder Mode sek of March 26, End 26 Time Sun 01:00 02:00 03:00 04:00 05:00 06:00 07:00 08:00 09:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 24:00 Totals Avg Wkday Avg Day Peak Kr Count Peak Hr Count Granger Avenue+9/0 20th Street 200005403 City of Nt1 City 03/27/00 10:48 03/27/00 12:00 03/29/00 12:00 15 Minutes 03 31 2 Volume 2000. Channel: 2 Direction: N 27 28 29 30 31 1 Wkday Daily Mon Tue Wed Thu Fri Sat Avg. Avg. 1 4 3 3 2 1 2 2 1 2 2 2 2 0 1 1 9 3 6 6 17 12 15 15 26 32 29 29 157 143 150 150 115 111 113 113 46 41 44 44 35 40 38 38 53 47 50 50 42 51 47 47 45 47 46 46 139 79 109 109 136 174 155 155 119 95 107 107 76 78 77 77 73 64 69 69 46 43 45 45 27 40 34 34 22 21 22 22 17 11 14 14 7 5 6 6 749 1172 436 1179. 1179 63.6 99.4 37.0 63.6 99.4 37.0 08:00 08:00 157 143 15:00 16:00 139 174 APR-04-00 05:05 AM TRAFFIC_DATA_SERVICE_SW_ 619 390 8495 P.13 kltr pY. Reoert rated by MSC3000 Version 2.021 Alpha(Nov 29 1995 08:54:16) Copyright 1990-1593 Micron Cation Cation Code isdiction corder Set cording Start ecording End ample Time rater Number chine Number annel ecorder Mode 20th Stroct E/0 Granger Avenue 200005404 City of Nt1 City 03/27/00 11:30 03/27/00 12:00 03/29/00 12:00 15 Minutes 03 8 2 Volume ek of March 260 2000. End 26 27 Time sun _ Mon 01:00 02:00 03:00 04:00 05:00 06:00 07:00 08:00 09:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 24:00 Totals Avg Wkday Avg Day Peak Hr Count N Peak Hr hh Count Channel: 2 Direction: W 28 29 30 31 1 Wkday Daily Tue Wed Thu Frei Sat Avg. _Avg. 2 5 0 0 1 0 3 1 1 I 6 1 4 7 34 27 28 23 9 10 12 13 37 19 5 18 8 26 22 20 46 22 53 36 40 44 29 41 19 36 12 15 12 10 7 5 1 4 254 414 107 65.5 106.8 27.6 65.5 106.8 27.6 12:00 08:00 37 27 17:00 18:00 53 44 4 4 0 0 1 1 2 2 1 1 4 4 6 6 31 31 26 26 10 10 13 13 28 28 12 12 17 17 21 21 34 34 45 45 42 42 35 35 28 28 14 14 11 11 6 6 3 3 388 388 APR-04-00 05:05 AM TRAFFIC_DATA_SERVICE_SW. 619 390 8495 P.12 sklv 8ummart Rgport ated by MSC3000 version 2.021 Alphe(Nov 29 1995 08:54:16) Copyright 1990.1993 Nitron cation 20th Street WOO Granger Avenue cation Code 200005404 urisdiction City of Nt1 City corder Set 03/27/00 11:30 ecording Start 03/27/00 12:00 cording End 03/29/00 12:00 at:pie Time 15 Minutes erator Number 03 Chine Number 8 annel 1 ecorder Mode Volume ek of March 26, 2000. Channel: i Directions E End 26 27 28 29 30 31 1 Wkday Daily Time Sun Mon Tue Wed Thu Fri Sat Avg. Avg. 01:00 7 4 6 6 02:00 7 4 6 6 03:00 2 2 2 2 04:00 12 1 7 7 `; 05:00 12 11 12 12 06:00 32 20 26 26 07:00 46 44 45 45 08:00 84 87 86 86 09:00 48 45 47 47 10:00 34 33 34 34 11:00 31 59 45 45 12:00 52 40 46 46 13:00 73 62 68 68 14:00 69 58 64 64 15:00 97 79 88 88 16:00 89 99 94 94 17:00 63 72 68 68 18:00 101 94 98 98 19:00 98 77 88 88 20:00 50 44 47 47 21:00 47 55 51 51 22:00 26 34 30 30 23:00 23 14 19 19 24:00 15 8 12 12 Totals Avg Wkday Avg Day Peak Hr Count Peak Hr Count 751 1063 350 1082 1082 69.4 98.2 32.3 69.4 98.2 32.3 08:00 08:00 84 87 18:00 16:00 101 99 City of National City, California COUNCIL AGENDA STATEMENT April 25, 2000 MEETING DATE AGENDA ITEM NO. 7 ITEM TITLE RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT AWARD AND AUTHORIZING CHIEF OF POLICE TO SIGN ALL GRANT RELA 1'ED DOCUMENTS CONCERNING OFFICE OF TRAFFIC SAFETY "HIGH INTENSITY PREVENTION ZONE" GRANT PREPARED BY Sergeant L. Brent Roark DEPARTMENT Chief Skip DiCerchio a EXPLANATION On March 28, 2000, the National City Police Department was approved to receive $542,824.00 in grant funds from the California Office of Traffic Safety. This award is based upon a grant proposal submitted to the Office of Traffic Safety in January 1999 for the purpose of establishing a "High Intensity Prevention Zone" throughout the South Bay. This grant will allow the South Bay law enforcement agencies to work together in a coordinated fashion to address alcohol related traffic issues, particularly among youth. The goals of the project include reducing by 10% the number of reportable, alcohol -involved collisions on surface streets in the South Bay Region, reducing by 10% the number of successful attempts by minors to buy alcohol at outlets in the South Bay Region and to develop and support infrastructure and public information campaigns to effectively reflect the strong community support for prevention and enforcement activities. Grant funding is for two years. Funds will be used to carry out the 12 objectives of the grant proposal, including a school curriculum program to be taught throughout Sweetwater Unified High School District. Environmental Review X N/A Financial Statement There are no matching funds required for this grant. There is no financial impact for FY 1999-2000 or following years. This is a straight award of $543.824.00 for a two year period. Account No STAFF RECOMMENDATION Approve Resolution BOARD/COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) Resolution No. 2000-47 Resolution Copy of Grant A•20C (Rev. 4/80) RESOLUTION NO. 2000 — 47 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY AND AUTHORIZING THE CHIEF OF POLICE TO SIGN ALL GRANT RELATED DOCUMENTS CONCERNING THE OFFICE OF TRAFFIC SAFETY "HIGH INTENSITY PREVENTION ZONE" GRANT WHEREAS, on March 28, 2000, the National City Police Department was approved to receive $542,824 in grant funds from the California Office of Traffic Safety to establish a "High Intensity Prevention Zone" throughout the South Bay; and WHEREAS, the grant will allow South Bay law enforcement agencies to work together in a coordinated fashion to address alcohol related traffic issues, particularly among youth; and WHEREAS, the goals of the project include reducing by 10% the number of reportable, alcohol -involved collisions on surface streets in the South Bay region; reducing by 10% the number of successful attempts by minors to buy alcohol at outlets in the South Bay region; and to develop and support infrastructure and public information campaigns to effectively reflect the strong community support for prevention and enforcement activities. NOW, THEREFORE, BE IT RESOLVED that City Council of the City of National City hereby accepts the grant funds of $542,824 awarded by the California Office of Traffic Safety to the National City Police Department. BE IT FURTHER RESOLVED that the City Council of the City of National City authorizes the Chief of Police to sign all grant related documents concerning the California Office of Traffic Safety "High Intensity Prevention Zone" grant. PASSED and ADOPTED this 25th day of April, 2000. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III George H. Waters, Mayor City Attorney . State of California t' '�,`'-'f'r Business, Transportation & Housing Agency ,, a' ,, '� v A 5$ N. l�' . 1 :' '> OFFICE OF TRAFFIC SAFETY GRANT AGREEMENT PROJECT NUMBER AL0011 PAGE 1 (To be completed by applicant Agency) 1. PROJECT TITLE HIGH INTENSITY PREVENTION ZONE 2. NAME OF APPLICANT AGENCY NATIONAL CITY POLICE DEPARTMENT 4. PROJECT PERIOD Month- Day - Year From: 04-01-00 To: 03-31-02 3. AGENCY UNIT TO HANDLE PROJECT NATIONAL CITY POLICE DEPT.'S NEIGHBORHOOD POLICING TEAM 5. PROJECT DESCRIPTION (Summarize the project plan covering the objectives, method of procedures, evaluation, and end product in approximately 100 words. Space is limited to 11 lines.) The National City Police Department will work with other agencies in the South Bay region to create a "High Intensity Prevention Zone". The main goal is to combine enforcement, education and public policy development toward reducing alcohol related traffic incidents. This will be accomplished by addressing root causes of incidents in a coordinated fashion through a collaborative, multi jurisdictional partnership. Working together, five police jurisdictions in the region will conduct DUI and driver license checkpoints, minor decoy operations, Cops in Shops and roving DUI patrols. Additionally, these enforcement agencies will establish working relationships with schools, public health organizations and other agencies to carry out regional strategies within their communities. To ensure high visibility and support for coordinated efforts, community capacity building, newsmaking, and youth participation components will play an integral role. 6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED: $ 542,824.00 7. APPROVAL SIGNATURES A. PROJECT DIRECTOR B. AUTHORIZING OFFICIAL OF APPLICANT AGENCY NAME: Lanny Roark PHONE: (619) 336-4438 TITLE: Sergeant-NPT FAx: (619) 336-4525 ADDRESS: 1200 National CIty Blvd. National CIty, Ca. 91950 E-MAIL: lannyroark@yahoo.com NAME: Anthony DiCerchio PHONE: (619) 336-4517 TITLE: Chief of Police FAX: (619) 336-4525 ADDRESS: 1200 National City Blvd National City, Ca. 91950 E-MAIL: (Signature) (Date) (Signature) (Date) C. FISCAL OR ACCOUNTING OFFICIAL D. OFFICE AUTHORIZED TO RECEIVE PAYMENTS NAME: Marylou Matienzo PHONE: (619) 336-4331 TITLE: City Finance Director FAX: (619) 336-4349 ADDRESS: 1243 National CIty Blvd. National City, Ca. 91950 E-MAIL: NAME: City Finance Department ADDRESS: 1243 National City Blvd. National City, Ca. 91950 (Signature) (Date) .,',INN SCHEDULE A PROJECT No: AL0011 PROJECT DESCRIPTION PAGE 1 BACKGROUND A. GENERAL CHARACTERISTICS The South Bay region consists of the separate municipalities of National City, Chula Vista, Coronado, Imperial Beach and a section of the city of San Diego. The South Bay region is a heavily urbanized area of approximately 100 square miles, with an estimated population of some 300,000 persons. The region makes up the southern end of San Diego County. South Bay's southern edge is the U.S./Mexico border. The South Bay's western boundary is the San Diego Bay, with the cities of Imperial Beach and Coronado having both beach (Pacific Ocean) and bay access. The South Bay has a heavy concentration of light industrial and commercial establishments and is part of the largest U.S. Navy installation on the West Coast. The average income in South Bay communities is lower than that for San Diego County as a whole. National City, for example, has the lowest per capita income of any city in the county, and also a population with the youngest median age. The majority of the South Bay region (with the exception of Coronado) is considered "blue collar" with an ethnically diverse population. Census data shows that 44 percent of the population of National City, Chula Vista and Imperial Beach is Hispanic, 40 percent White, 5 percent Black and 11 percent other, mainly Asian and Pacific Islanders. Raising the level of consciousness of the risks entailed in drinking and driving and youth access to alcohol requires a program tailored to the multi -cultural demographics of the South Bay region. When these demographics are coupled with research showing that rates of alcohol -related offenses are higher in communities with lower income levels, we see why National City and other South Ham communities need the kind of enforcement and public policy effort that the High Intensity Prevention Zon can provide. B. STREET AND HIGHWAYS The South Bay is traversed by two freeways running north and south, Interstates 5 and 805. Additionally, the area is traversed east and west by two state highways, 54 and 905. State highway 75 joins the cities of Coronado and Imperial Beach with each other and the remainder of the South Bay. The city of National City has a total of 100.3 roadway miles (42.9 arterial and 57.4 local). The city of Coronado has a total 61.5 roadway miles (48 miles of city streets and 13.5 miles of state highway). The city of Chula Vista has a combined total of 336.6 miles. The city of Imperial Beach has 54 total roadway miles. The southern section of the city of San Diego (San Ysidro and surrounding neighborhoods at or near the border) has 273.2 roadway miles. These figures combined make up a total of 825.6 roadway miles for the South Bay region. C. OPERATING DEPARTMENTS The National City Police Department is a full service police agency employing 117 full time employees. This includes 85 sworn officers. The Department is also served by 18 reserve officers, 14 Senior Volunteer Patrol personnel and 5 part time employees. The Department is divided into two primary divisions, "operations" and "support". Bureaus within the Department include patrol, traffic, investigations and community services. There are several specialty assignments such as K-9, and Primary Response Team (SWAT), regional task force participation in narcotics, gangs and auto theft and a Community Oriented OTS-38b (Rev 10/99) SCHEDULE A PROJECT No: AL0011 PROJECT DESCRIPTION PAGE 2 Policing and Problem Solving (COPPS) team known as the Neighborhood Policing Team. The Department is headed. by the Chief of Police, with command staff consisting of one captain and five lieutenants. The sergeant of the Neighborhood Policing Team will serve as the project director and will be assisted in carrying out the operations described herein by officers of the Neighborhood Policing Team. The Coronado and Chula Vista police departments are organized in a roughly similar fashion. The Coronado Police Department employs 62 personnel, 31 of which are sworn officers. The Chula Vista Police Department employs 317 personnel, 210 of which are sworn personnel. The city of Imperial Beach is provided law enforcement services via a contract with the San Diego County Sheriffs Department. The southern section of the South Bay Region (San Ysidro and surrounding neighborhoods) is a part of the city of San Diego and is policed by the San Diego Police Department. D. EXISTING SYSTEMS DUI and other alcohol related enforcement is currently conducted on a department -by -department basis. There are varying degrees of emphasis placed on alcohol enforcement operations. The City of Coronado, for example, may currently conduct one DUI checkpoint a year and virtually no other pro -active alcohol enforcement measures. Other cities in the South Bay region may conduct more of one type of alcohol enforcement and less or none of another. Most DUI checkpoints that are conducted in the region are handled by traffic division personnel. Data on alcohol related offenses, the nexus to other criminal activity and information concerning ongoing alcohol enforcement operations is not typically shared among the agencies in the South Bay. PROBLEM STATEMENT From the standpoint of traffic safety, The South Bay region of San Diego County cries out for a more efficient application of enforcement resources and community prevention initiatives. The communities which make up the South Bay have grown over the years to become a patchwork of five local jurisdictions confronted with overlapping traffic and safety problems, especially in the areas of youth access to alcohol and drinking and driving. Those responsible for DUI enforcement in these communities recognize the regional nature of the problem but have only limited channels for communication and coordination of their efforts. The project described here, the "High Intensity Prevention Zone", will create a coordinated regional effort in DUI enforcement along with education and public information activities to generate support for the enforcement effort. Complicating enforcement efforts is the South Bay's southern edge, the U.S./Mexico border. Most of the vehicular and pedestrian traffic between San Diego and Tijuana flows through the San Ysidro port of entry, the busiest border crossing in the world. An average of 40,000 vehicles per day move north and south through the border crossing. Northbound traffic fans out into the South Bay area, via Interstate Highways 5 and 805 and the surface streets of the South Bay communities. A large percentage of South Bay residents have friends or relatives in Tijuana, stimulating traffic in both directions. OTS-38b (Rev 10/99) SCHEDULE A PROJECT No: AL0011 PROJECT DESCRIPTION PAGE 7 Proximity to the international border has created special traffic problems in the South Bay. The legal drinking age in Mexico is 18; in California it is 21. This disparity helps account for much of the nighttime traffic through the San Ysidro port of entry, as young drinkers from Southern California are lured to bars and clubs in Tijuana. Moreover, enforcement of the 18-year drinking age in Mexico is often lax. Children in their early teens have been seen drinking in bars along Tijuana's Avenida Revolucion. Bars often remain open throughout the early morning hours. Parking lots on the U.S. side are packed with cars on weekends and on those midweek nights when Tijuana bars advertise all -you -can -drink price specials. Military bases in National City, Coronado and San Diego contribute to the cross -border traffic of persons under the legal drinking age. Research commissioned by the Alcohol and Drug Services of the San Diego County Health and Human Services Agency has shown that more than half of the pedestrians returning from Tijuana between 11 p.m. and 4 a.m. had been drinking and nearly half of those who had been drinking had a blood alcohol concentration over the .08 limit. Significantly, one in four of the returning pedestrians under 21 had a BAC of .08 or above. The threat to traffic safety is obvious and is borne out by crash statistics. San Diego County ranks second in California in the number of alcohol -related fatal and injury collisions per capita, and third in the number of victims killed or injured per capita in alcohol -related crashes. San Diego County also ranks second in the number of persons in the 18-20 year old age group killed or injured per capita in alcohol -involved collisions. The California Highway Patrol reports that it investigates more fatal collisions on Interstates 5 and 805 (the principal arteries leaving the San Ysidro border crossing northbound through the South Bay area) than on any other freeways in the San Diego area. According to the CHP, the percentage of collisions involving alcohol on Interstate 5 in San Diego County is significantly higher than the percentage on I-5 statewide. The South v region as a whole remains vulnerable to the impact of drinkers returning from Mexico and also faces condit._.is within its own communities that aggravate the problem. National City (serving as a microcosm of the South bay region as a whole) continues to be plagued by troubling alcohol related incidents. In 1997, National City police officers made 369 arrests for drunk in public. Of those 369 arrests, 50 were juveniles (under 18 yrs.) Further, in 1996 there were 22 DUI related collisions. That number jumped to 47 in 1999. Officers made 107 arrests for driving under the influence in 1997. By 1999, that number had rose to 224. National City still has the second highest injury collision rate (reported injury collisions per mile of surface streets) of the eighteen incorporated cities in San Diego County: 2.89 in 1992, 3.09 in 1993 and 3.06 in 1994 compared to the county average of 1.97. (Rates calculated from aggregate numbers from SWITRS). There is currently no mechanism for coordination of DUI enforcement or public education activities regarding alcohol -impaired driving in the South Bay region. The regional nature of alcohol -related traffic problems is known mainly through informal exchanges between local police agencies. There is a deficiency in data on the locationand frequency of alcohol sale and consumption in communities within the region and the location and frequency of alcohol -related traffic offenses. Due to manpower limitations, DUI enforcement has been sparse and infrequent in the South Bay region. Rarely do officers take advantage of the zero tolerance laws relating to drinking and driving by those under 21 years of age. School programs such as Drug Abuse Resistance Education (DARE) and Juveniles Out of ( s (JOG) touch only briefly on the negative effects of alcoholic beverages and their risk when young people t,..ach OTS-38b (Rev 10/99) SCHEDULE A PROJECT NO: AL0011 PROJECT DESCRIPTION PAGE 4 driving age. Within communities in the South Bay region, DARE and JOG are taught to only 4`h and 5`11 grade students. There is no organized, consistent program in the region to deliver education to junior and senior high school students about drinking and driving, including zero tolerance laws. This is a serious deficiency because at these ages minors are beginning to expand their level of freedom and experiment with many different aspects of life, including alcohol, drugs and sex. Many are moving into these years of experimentation with an uneducated, naive understanding of the ramifications of alcohol use, especially as it applies to impaired driving. A Youth Risk Behavior Survey in the San Diego Unified School District helps define the magnitude of the problem. The survey taken in 1997 found that 76.1 percent of high school students had tried alcohol at least once, and 47 percent had been drinking within 30 days of the survey. One in four said they had engaged in "binge" drinking — five or more drinks on a single occasion — in the preceding 30 days. Significantly, 14.9 percent of the male students and 9 percent of the female students said they had driven a motor vehicle one or more times after drinking alcohol in the previous 30 days. More than twice as many' — 35 percent for males and 32.5 percent for females — said they had ridden in a car in the past 30 days with someone who had been drinking. In conclusion, as it pertains to the South Bay region, there is a lack of coordinated, cause and effect policing as it pertains to alcohol -related incidents. There is no multi -faceted, comprehensive approach to addressing the root cause of the problem on a region -wide level. The negative ramifications of alcohol, primarily youth access to such, pay no respect to gc�jjo-political boundaries. ;Though there are efforts underway on a jurisdiction -by - jurisdiction basis, what is ladking is a combined effort which includes enforcement, education, strategic news making and policy/legislative work. ATTEMPTS TO SOLVE THE PROBLEM Shortly after the formation of the National City Police Department's Neighborhood Policing Team (a team dedicated to long term problem solving via Problem Oriented Policing means and methods supported by a Community Policing Philosophy) the Team began examining alcohol issues in the community and executed Cops -in -Shops and minor decoy operations. In the latter part of 1998, the Neighborhood Policing Team began assisting San Diego Police Department in Operation Safe Crossing. We recognized the impact underage consumption of alcohol was having on our community, even in those cases where the actual consumption was taking place south of the border. In January 1999, the Team developed and executed a nine -month "Community Alcohol Management Project". The project (a multi -faceted, comprehensive Problem Oriented Policing project) combined a number of components to raise the level of consciousness in National City regarding the negative ramifications of alcohol and its impact on the livability of the community. As a part of the project, enforcement efforts included roving DUI patrols, DUI checkpoints, minor decoy operations, "Shoulder Tap" operations and Cops -in -Shops operations. The project helped set the stage for this department's award of a grant from the California Department of Alcoholic Beverage Control. Further, this department is regularly involved in the National City ATOD (Alcohol Tobacco and Other Drug) Task Force. The Task Force is comprised of health care providers, social service providers, law enforcement and grass roots community groups. Through the nine -month project, our ABC grant and our continuing participation in the Task Force, we have been working toward long term or permanent solutions to some of the OTS-38b (Rev 10/99) SCHEDULE A PROJECT No: AL0011 PROJECT DESCRIPTION PAGE 5 problems perpetuated by the illegal and/or irresponsible sales, purchase and consumption of alcohol in the community. Additionally, this department is regularly involved on a broader scale in the county as it relates to alcohol, primarily youth access to alcohol. The department participates with the San Diego County Youth Access to Alcohol Policy Panel. Additionally, the department is represented on the newly formed San Diego County Law Enforcement Task Force on Alcohol Related Issues. This author chairs the Task force. Finally, The California Highway Patrol has recognized the border drinking problem in its current program for stepped -up DUI enforcement on northbound I-5 and 1-805 which originate at the San Ysidro border crossing. PROJECT GOALS 1. To reduce by 10 percent the number of reportable, alcohol -involved collisions on surface streets in the South Bay region of San Diego County, from 192 collisions in the base year 1998 to 173 in 2002. 2. To achieve a reduction in alcohol -impaired driving on surface streets in the South Bay region which will contribute to a concurrent effort by the California Highway Patrol to reduce alcohol -involved collisions on I-5 and I-805 in San Diego County by 15 percent. 3. To reduce by 10 percent the number of successful attempts by minors to buy alcohol at outlets in the South Bay region, as measured in decoy and Cops -in —Shops operations conducted in the final six months of'tl g' project. The reduction will be measured from a baseline determined in decoy and Cops -in -Shops operationb conducted during the first six months of the project. 4. To assure the high visibility of the coordinated regional DUI enforcement effort through news coverage and other public information activities. 5. To build mutual support and coordination among a minimum of eight public health, public safety and education and grass roots community groups to address regional alcohol problems reflected in rates of DUI and other alcohol -related offenses. 6. To develop and support infrastructure and public information campaigns to effectively reflect the strong community support for prevention and enforcement activities. PROJECT OBJECTIVES 1. To conduct coordinated DUI/DL checkpoints in the South Bay region along with vehicle impounds during both holiday and non -holiday dates. (Conduct at least one operation per month. Three of these operations will augment operation Safe Crossing by working at the border or at frequent destinations of partiers returning from Tijuana, such as trolley stations in Chula Vista and National City. Holiday operations will begin on Memorial Day weekend, 2000) 2. To conduct multi -agency roving DUI patrols in the South Bay region. (Conduct at least one operation pe: month. Three of these operations will augment operation Safe Crossing by working at the border or at OTS-38b (Rev 10/99) SCHEDULE A PROJECT No: AL0011 PROJECT DESCRIPTION PAGE 6 frequent destinations ofpartiers returning from Tijuana, such as trolley stations in Chula Vista and National City. Holiday operations will begin on Independence Day weekend, 2000.) 3. To conduct minor decoy operations at on -sale and off -sale establishments throughout the South Bay region in cooperation with investigators of the California Department of Alcoholic Beverage ControL (Conduct one decoy operation per month. While aimed primarily at reducing youth access to alcohol and DUI offenses by minors, the decoy operations will serve as an evaluative tool and a source of data on underage drinking patterns.) 4. To conduct Cops -in -Shops operations at off -sale establishments in the South Bay region. (Conduct 18 Cops -in -Shops operations during the two years of the project. While aimed primarily at reducing youth access to alcohol and DUI offenses by minors, the Cops -in -Shops operations will serve as an evaluative tool and a source of data on underage drinking patterns.) 5. To organize and conduct capacity -building workshops for community leaders and volunteers on how to impact public policy, effect change in community attitudes towards alcohol and build community support for law enforcement activities. (Conduct 4 workshops per year, starting in June 2000.) 6. To organize and conduct "meet the media" seminars. A panel of three to five journalists will be convened to discuss practical ways to access news outlets. Reporters will talk about their areas of special interest and discuss the process community newsmakers can use to send information to them. ihese seminars will also allow community groups to explain their issues, share their information and receiv suggestions from reporters on how to "frame the story" to make it attractive to news outlets. (Conduct two seminars per year, one in English and one in Spanish.) 7. To organize and facilitate programs at schools in the South Bay to familiarize students with the California zero tolerance laws and other aspects of state law affecting underage drinking. (Provide programs at nine high schools and 10 middle and junior high schools during the 2000-2001 school year, followed by the same number in the 2001-02 school year.) 8. To facilitate regional media briefings with U.S. and Mexican reporters. (Provide one in English and one in Spanish. Briefing will consist of a regional approach towards alcohol -related problems and solutions including updates on Operation Safe Crossing.) 9. To establish an Alcohol Public Information Youth Team. Participants will primarily be volunteers from San Diego County who will be trained to use the free news media to support enforcement activities and send messages to their peers about DUI and drinking issues. They also will collaborate with the Operation Safe Crossing Youth Focused Team to send messages about the dangers of cross border drinking. Participants will learn and practice how to become effective community spokespersons in the broadcast and print media, and how to participate as anchor guest on talk radio. 10. To establish multi -disciplinary teams consisting of law enforcement officers, public health professionals and grass roots community representatives to develop communication strategies and spokelspersons. These team members will participate in joint training workshops that form and support long term team building to establish a multi -disciplinary approach and perspective in public policy and public information strategies. OTS-38b (Rev 10/99) SCHEDULE A PROJECT NO: AL0011 PROJECT DESCRIPTION PAGE' (Train and develop three teams. There activities involve: 5 joint T. V. radio and print interviews per year, collaborating in writing and publication of three op-ed pieces and letters to the editor. These may include regional, community, campus, and/or military news agencies.) 11. To plan and execute news events coordinated with law enforcement activities. Those volunteers participating in the youth and multi -disciplinary teams will generate news. (Set up a total of 10 events, including seven non -holiday operations and three holiday operations beginning with Halloween, Thanksgiving, New Years Eve of 2000) 12. To enlist young volunteers to distribute leaflets in English and Spanish at relevant trolley stations and other appropriate locations, creating a high -visibility public information campaign regarding planned or ongoing enforcement activities. The leaflets will point out aspects of California's DUI and youth -alcohol laws, and indicate that a strict enforcement is in progress. When Coordinated with Operation Safe Crossing, leaflets will also provide information on free transportation home from the border. (Leaflet distribution will coincide with each DUI operation.) NOTE: Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a police officer issue a specified or predetermined number of citations in pursuance of the obligations hereunder. (D 8 . -to r METHOD OF PROCEDURE Phase 1- Program Preparation (April 1, 2000 — May 15, 2000) Individual M.O.U's with allied agencies and other sub -contractors will be executed. The purchase of equipment and supplies will be initiated. Organizational meetings with participating personnel will be held. Any necessary formal or in-house training will be conducted. Initial promotional information will be produced and forwarded to appropriate organizations. Phase 2 - Implementation (May 16, 2000 - March 30, 2002) Begin enforcement operations component, starting with a DUUDL checkpoint on Memorial Day weekend, 2000, followed by multi -agency roving DUI patrols. Some of these operations will augment Operation Safe Crossing and/or be conducted at times and places based upon data regarding events in the community, i.e. high school prom night, concert at Coors Amphitheater, championship football games, etc. Minor decoy operations at on -sale and off -sale establishments throughout the South Bay region, in cooperation with investigators of the California Department of Alcoholic Beverage Control, will also commence during this period. The school curriculum component will be provided at nine high schools and 10 middle and junior high sclt {s during the 2000-2001 school year, followed by the same number in 2001-2002 school year, media adv cacy component and youth and community component, will follow as previously described. OTS-38b (Rev 10/99) SCHEDULE A PROJECT No: AL0011 PROJECT DESCRIPTION PAGE 8 Phase 3 — Data Gathering & Analysis (Throughout Project Period) The South Bay High Intensity Prevention Zone will benefit from the last 2+ years of organizational work accomplished by public health officials. The program will have the experience of the California Highway patrol and the San Diego Police Department and other law enforcement agencies (including National City Police Department) in interdicting binge drinking youth crossing into and returning from Mexico and from an ongoing intensive evaluation of drinking in San Diego County funded by the National Institute on Alcohol Abuse and Alcoholism (NIAAA). These programs will have been underway for over 2 years when funding becomes available under the current request so that all of those involved will have gained considerable experience in dealing with youthful drinking and driving. For the past two years, data being collected undet an NIAAA grant by the Pacific Institute for Research and Evaluation (PIRE) has provided background for the development of special enforcement efforts and public information programs. This has allowed the current Operation Safe Crossing effort to be based on scientific data that identifies the characteristics of the youthful population at risk, the amount of their drinking, the time and place of their drinking and their drinking and driving. Information is also available on the proportion of cross -border binge drinkers who are members of the military, who are university students, or who are attending high schools. This assists in getting the cooperation of the military, college and high school authorities in participating in a program to reduce the dangers of cross -border binging and guides public information campaigns by identifying the target groups and the potential messages likely to influence their behavior. It is proposed that this same process will be applied using the detailed data for San Diego County collected under the NIAAA grant by PIRE. This would be augmented by additional measures to be implemented to evaluate the project using the funds requested in this proposal and in a proposal submitted to, but not yet funded by, the Robert Wood Johnson Foundation. (1) DUI enforcement measures: Data will be collected from the participating police departments on the number of officers, the type of enforcement activity and the dates of the enforcement operation for each campaign implemented under this project. (2) Outlet enforcement: Each participating police department will provide the number of officers assigned the number of outlets canvassed, and to outlets, the dates and times of enforcement activities. (3) Media Advocacy: The subcontractor will maintain a record of the number of personnel hours devoted to supporting the media advocacy effort for the project. (4) Community organization: The subcontractor will separately account for hours devoted to assisting advocate organizations in producing a consortium and developing programs for reducing DUI among youthful drivers ages 18 to 25. (5) Staff records of DUI arrests and zero tolerance enforcement action will be maintained for the project. The first will include all arrests or zero tolerance enforcement actions for the county as a whole based on DMV motor vehicle records of ALR suspensions. A second set of arrest data will be maintained by the OTS-38b (Rev 10/99) SCHEDULE A PROJECT NO: AL0011 PROJECT DESCRIPTION PAGE 9' cooperating departments themselves on the numbers of DUI arrests and zero tolerance enforcement action, which their officers have produced during the various operations under the project. (6) Minor decoy operations against alcohol retail outlets in South Bay: The output measure from this program to reduce sales of alcohol to minors will be the number of decoy operations mounted by the South Bay agencies and within those operations the number of arrests (citations) issued to violators. (7) Radio and print media coverage of South Bay operations: The subcontractor will establish a monitoring system for media outlets which permits the counting of all TV and radio news related to enforcement operations of the South Bay project. It will also develop a regular clipping service which ensures that all print media coverage from publications in the county are noted and recorded. These counts for TV/radio print media provide the outcome measure for the media program to be implemented. (8) BACs of nighttime drivers: The key intermediate measure for evaluating the effectiveness of the project will be collected through the initiation of a program of voluntary roadside breath test surveys to be mounted on Friday or Saturday nights to measure the proportion of youthful drivers 18 to 25 using the roads on weekend and evening, who have a measurable BAC. This number should decrease as the enforcement operations get underway. It has been shown by experience that roadside BACs are responsive to the level of media activity with reduced BACs being recorded following major media advocacy efforts. (9) Emergency medical service response to crash events: The current Pacific Institute border survey prog has arranged with the County EMS Department to obtain data on all EMS responses to crash events beginning with January 1, 1996. This will provide a long-term series available to determine whether the project has reduced this outcome measure. (10) Alcohol related crashes: Pacific Institute currently ahs an abstract of the California Highway Patrol SWITRS data covering the county of San Diego from the year 1988 to present. That file will provide a long-term time series of had -been -drinking and single vehicle nighttime crashes as measures of the influence of the project on alcohol related crashes. Other data collection: All participating law enforcement agencies will endeavor to get information from DUI arrestees regarding the place of last drink. This information can help in the planning of decoy operations and other measures aimed at gaining compliance with laws covering sale of alcohol to minors and to intoxicated persons. Additionally, reports on other types of arrests or investigations will indicate whether alcohol was involved in the crime, providing information to the community on the relationship between alcohol consumption and criminal activity. Phase 4 — Final Report and Executive Summary (March 30, 2000- May 30, 2000) Begin the Final Report and Executive Summary in accordance with OTS requirements specified in the Grant Program Manual, Chapter 7. Both will be submitted to OTS within 60 days after the grant ends. METHOD OF EVALUATION OTS-38b (Rev 10/99) SCHEDULE A PROJECT No: AL0011 PROJECT DESCRIPTION PAGE 10 Using the data compiled, the project manager will evaluate: (1) how well the stated project goals(s) and objectives were accomplished; (2) if all the activities outlined in the Method of procedures were performed in accordance with the grant agreement; and (3) was the project cost effective. STATEMENT OF INTENT It is the intent of the National City Police Department to explore additional funding sources so as to work in a collaborative fashion with the other South Bay agencies to sustain and expand upon the work accomplished by virtue of this project. OTS-38b (Rev 10/99) SCHEDULE A-1 PROJECT No.: AL0011 ADMINISTRATIVE SUPPORT STATEMENT — Explain what type of priority this project has in your jurisdiction. The City Council of National City will endorse this project by resolution. The Chief of Police is dedicated to the goal of alcohol related incident reduction and fully intends to meet the goals and objectives of this project. AGENCY CONTRIBUTION — Explain what services or funds are being contributed by your agency in support of this project. The National City Police Department will provide services necessary for coordination, supervision and administration of this project. The three year contribution will be as follows: CONTRIBUTED ITEM Neighborhood Policing Team Sgt. (Project Director) Police Department Crime Analyst Vehicle Operation and Maintenance Benefits and Other Related Employee Costs Total Agency Contribution FY-1 25 $11,415.00 15 3,952.00 100 3,500.00 100 5,347.00 FY-2 $23,971.00 8,299.00 $7,000.00 13,808.00 FY-3 $11,986.00 4,150.00 7,200.00 5,893.00 $24,214.00 $53,078.00 $29,229-00 OTS-38c (Rev 10/99) SCHEDULE B Page 1 DETAILED BUDGET ESTIMATE OJECT No. AL0011 FISCAL YEAR ESTIMATES COST CATEGORY FY-1 FY-2 FY-3 FY-4 04-01-00 10-01-00 10-01-1 TOTAL COST A. PERSONNEL COSTS 09-30-00 09-30-01 03-31-02 To PROJECT Positions and Salaries 1 sergeant @ 50.55 hr. for 162 hrs $8,189.00 $18,038.00 $9,019.00 $35,246.00 53.02 hr. for 324 hrs. and 55.67 hr. for162hrs.Yrs.1,2&3 respectively 0.00 DUI/DL and minor decoy operations: 6 officers @ 41.01 hr. for 30 hrs. 43.06 hr. for 90 hrs. and 7,382.00 23,252.00 8,138.00 38,772.00 45.21 hr. for 30 hrs. Yrs 1, 2 & 3 respectively 0.00 Cops -in -Shops operations: 3 officers @ 41.01 hr. for 10 hrs. 1,230.00 2,584.00 1,356.00 5,170.00 43.06 hr. for 20 hrs. and 45.21 hr. for 10 hrs. Yrs. 1, 2 & 3 respectively 0.00 School Curriculum Program: 1 officer @ 41.01 hr. for 25 hrs. 1,025.00 2,153.00 1,130.00 4,308.00 43.06 hr. for 50 hrs. and 45.21 hr. for 25 hrs. Yrs. 1, 2 & 3 respectively 0.00 0.00 0.00 Employee Benefits @ 0.00 Category Sub -Total $17,826.00 $46,027.00 $19,643.00 $ 0.00 $83,496.00 B. TRAVEL EXPENSE In -state $600.00 $1,000.00 $600.00 2,200.00 Out of state 1,200.00 1,200.00 0.00 Category Sub -Total $1,800.00 $1,000.00 $ 600.00 $ 0.00 $3,400.00 C. CONTRACTUAL SERVICES OTS 38d (10/99) Revised:03/28/00 SCHEDULE B Page 2 DETAILED BUDGET ESTIMATE PROJECT NO. AL0011 Allied law enforcement agencies in South Bay region Media advocay and community leadership training sub -contractor $47,455.00 47,237.00 $136,451.00 93,175.00 $51,403.00 47,237.00 235,309.uu 187,649.00 0.00 Category Sub -Total $94,692.00 $229,626.00 $98,640.00 $ 0.00 $422,958.00 FISCAL YEAR ESTIMATES COST CATEGORY FY-1 FY-2 FY-3 FY-4 10-01-00 10-01- TOTAL COST D. NON -EXPENDABLE PROPERTY 09-30-00 To PROJECT $0.00 0.00• 0.00 0.00 0.00 Category Sub -Total $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 E. OTHER DIRECT COSTS Laptop computers 3 @ $4,000.00 $12,000.00 $12,000.00 Computer software & licensing 3 @ 4,500.00 4,500.00 $1,500.00 Preliminary alcohol screening devices 2,800.00 2,800.00 "Pager" surveillance wire 1 @ 1,250.00 1,250.00 $1,250.00 Digital camera 1 @ $550.00 550.00 550.00 Miniature portable 2-watt repeater for surveillance wire 2,650.00 2,650.00 Binoculars 12X50 2 @ $200.00 400.00 400.00 Educational and promotional material 5,000.00 2,000.00 1,500.00 8,500.00 Computer scanner 320.00 32U.00 Category Sub -Total $29,470.00 $2,000.00 $2,000.00 $ 0.00 $32,970.00 OTS 38e (10/99) Revised:03/28/00 SCHEDULE B Page 3 DETAILED BUDGET ESTIMATE o. AL0011 F. INDIRECT COSTS NOT APPLICABLE $0.00 Category Sub Total $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 PROJECT TOTAL $143,788.00 $278,653.00 $120,883.00 $ 0.00 $542,824.00 11Ts -ARP / 1 NQQ1 Revised:03/28/00 SCHEDULE B-1 PROJECT No. AL0011 BUDGET NARRATIVE Page 1 -I PERSONNEL COSTS The National City Police Department will use existing police personnel on an overtime basis to accomplish the aforementioned enforcement operations. Enforcement is distributed among four operations: DUI checkpoints, roving DUI patrols, minor decoy sting operations and Cops -in -Shops. The enforcement operations (excluding the Cops -in -Shops) are based on 10-hour shifts utilizing 6 officers. The Cops -in - Shops operations are based upon a 10-hour shift utilizing 3 officers. The salary rate for officers during the first year is $41.01 per hour. The second year rate is $43.06 per hour and the third year rate is $45.21 per hour. This rate is the overtime rate at 1 '/2 times the officer's salary. The increase year-to-year represents a 5% salary increase. This adjustment is representative of known and anticipated adjustments of participating agencies. The stated overtime rate does not include full compensation (benefits), as that cost will be absorbed by the city of National City and considered part of the agency contribution. The sub -contracted allied law enforcement agencies in the South Bay region will be compensated in the same manner. We anticipate three enforcement operations will be conducted in the first year for a total of 30 hours. (30 hours at $41.01 per hour = $1,230.30 X 6 officers = $7,382.00. All figures rounded to nearest whole number.) We further anticipate one Cops -in -Shops operation in the first year for a total of 10 hours. (10 hours at $41.01 per hour = $410.10 X 3 officers = $1,230.00. All figures rounded to the nearest whole number.) Circumstances may indicate it is more feasible to adjust the particular number of personnel for any_. given enforcement operation while possibly increasing the number of operations; For example, two DUI roving patrols with 3 officers each rather than one DUI roving patrol with 6 officers. Operations for the remaining two years have been calculated in the same fashion. We anticipate 90 hours of enforcement operations at $43.06 per hour X 6 officers for year two and 30 hours of enforcement operations at 45.21 per hour for year three. Additionally, we anticipate 20 hours of Cops -in -Shops operations at $43.06 per hour X 3 officers for the second year and 10 hours of Cops -in -Shops operations at 45.21 per hour X 3 officers for the third year. Further, one police officer position, on an overtime basis, will be utilized to teach the school curriculum Component. We anticipate using 25 hours at $ 41.01 per hour the first year, 50 hours at $43.06 per hour for the second year and 25 hours at $45.21 per hour for the third year. Total school curriculum component cost for the three years equals $5,170.00. The National City Police Sergeant's position has been calculated at $50.55 per hour for the first year, 53.02 per hour for the second year and 55.67 per hour for the third year. Serving as the project director, this position is anticipated to incur 162 hours of overtime for the first year, 324 hours overtime for the second year and 162 hours for the third year. These calculations are based upon enforcement operation supervision, all necessary pre and post planning and review, overall project organization to include meetings and presentations and necessary grant reporting requirements. Though total overtime hours will remain static, it is anticipated that supervision duties of specific enforcement operations may be divided among any number of sergeant`s4uring the course of the project. OTS-38f (Rev 10/99) SCHEDULE B-1 PROJECT No. AL0011 BUDGET NARRATIVE Page 2 TRAVEL EXPENSE Travel funds will be utilized for travel and per diem to attend the annual OTS seminars and OTS approved training. Additionally, we propose to utilize travel funds for the national Alcohol Policy XII Conference June 11-14, 2000 in Washington, DC. The grant project director will be a presenter and will highlight the efforts underway as it relates to this grant. CONTRACTUAL SERVICES The allied law enforcement agencies in the South Bay region will conduct alcohol related enforcement operations and an educational component in the same, fashion and by the same means and methods as described for National City Police Department. It is anticipated that each agency (Chula Vista, San Diego, Imperial Beach and Coronado) will conduct approximately 19 separate enforcement operations during the course of the project. Additionally a mix of personnel from each agency could be combined to execute any type of enforcement operation throughout the region.; For example, two officers from National City and one officer each from Chula Vista, San Diego, Coronado and Imperial Beach (S.D. County Sheriff's) may join together to form a six -officer roving DUI patrol and concentrate in the contiguous geographic area covering Imperial Beach and South San Diego. Additionally, an officer(s) from each agency will teach the alcohol curriculum in their respective schools. A subcontractor (yet to be identified) will be responsible for the media advocacy and youth and community training component of this project. The subcontractor will be responsible for capacity -building workshops for community leaders and volunteers, "meet the media" seminars, providing technical assistance and consulting services to enforcement agencies, facilitate regional media briefings with U.S. and Mexican reporters and establish an Alcohol Public Information Youth Team. The subcontractor will also develop news and educational video segments on enforcement and prevention with youth and adult community volunteers and project staff. Additionally, the subcontractor will establish multi -disciplinary teams consisting of law enforcement officers, public health professionals and grass roots community representatives to develop communication strategies and spokespersons. The subcontractor will also plan and execute news events coordinated with law enforcement activities and enlist young volunteers to distribute leaflets in English and Spanish at relevant trolley stations and other appropriate locations, creating a high -visibility public information campaign regarding planned or ongoing enforcement activities. NON -EXPENDABLE PROPERTY NONE OTHER DIRECT COSTS Three laptop computers and appropriate software and licensing will be purchased. The laptop computers will be used for the enforcement operations and other related programs. The laptops will be compatible with current and projected NCPD systems. The computers will be used for the Automated Field Reporting System (AFR). AFR is working towards a paperless system. AFR reduces the time officers must spend OTS-38f (Rev 10/99) SCHEDULE B-1 PROJECT No. AL0011 BUDGET NARRATIVE Page 3 ' writing reports, which in turn allows for more enforcement time. When the NCPD mobile data terminal system is operational, the laptops will also be used to access DMV files and other criminal justice networks. A computer scanner will be purchased to aid in the compilation and production of educational and promotional material and other related enforcement purposes. It will be compatible with the laptop computers. Preliminary alcohol screening devices will be purchased and utilized the enforcement operations. The devices will not only enhance enforcement efforts by improving initial evaluation of suspected DUI drivers, but will also be used for data gathering to measure various blood alcohol levels for analytical /evaluation purposes. A "pager" surveillance wire and two -watt repeater will be purchased and used to monitor the minor decoys when engaged in sting operations. The ability to covertly monitor these operations provides not only an opportunity from an evidentiary standpoint but also from an officer and decoy safety standpoint. We will purchase one digital camera which will allow us to establish a photographic archive of our operations, take photos for evidence, photograph suspects and take photos for educational and promotional purposes. The digital capability makes reproduction, enhancement, modification and networking with the grant partners easier and more cost effective. Two binoculars will be purchased to aid in surveillance of minor decoy operations and other related enforcement acts. Printing and educational and promotional materials will be purchased to provide support for the project goals and objectives. INDIRECT COSTS NOT APPLICABLE PROGRAM INCOME In order to create a self sustaining program to continue after the grant ends, a special fund for "Administrative Tow Fees" will be established for the purpose of receiving and expending fees collected for the impoundment of a vehicle. The appropriation of all monies in the "special fund" shall be used for the purpose of the "vehicle impound program". The balance remaining in the special fund at the close of any fiscal year shall be carried forward. Fees generated from vehicle impoundments are considered program income and are subject to an OTS audit. Quarterly performance reports will include the current and year-to-date "special fund" balance. OTS-38f (Rev 10/99) Ci of National City, California COUNCIL AGENDA STATE ENT MEETING DATE April 25, 2000 AGENDA ITEM NO. 8 ITEM TITLE RESOLUTION ACKNOWLEDGING INSTITUTE FOR HEALTH ADVOCACY AS GRANT PARTNER AND SUB -CONTRACTOR ON OFFICE OF TRAFFIC SAFETY "HIGH INTENSITY PREVENTION ZONE" GRANT PREPARED BY EXPLANATION. Sergeant L. Brent Roark DEPARTMENT Chief Skip DiCerchio Of the $542,824.00 awarded to the National City Police Department, $187,649.00 has been designated for media advocacy and community leadership training. The police department requests authorization to designate National City based Institute for Health Advocacy (a non-profit organization) as the sub -contractor and grant partner responsible for the media advocacy and community leadership training component, based on the following: 1. The Institute for Health Advocacy is based locally (National City) and therefore have a keen knowledge and understanding of South Bay issues and problems. 2. The Institute for Health Advocacy has established a proven track record working with the Office of Traffic Safety, law enforcement and more specifically the National City Police Department. 3. The Institute for Health Advocacy is a nationally recognized leaders in media advocacy and community leadership training. 4. The Institute for Health Advocacy is the only entity known to the police department which has the skills, knowledge, and experience to successfully deliver the grant objectives as they relate to media advocacy and community leadership training. 5. The Institute for Health Advocacy has specific knowledge and experience in media advocacy work as it relates to alcohol issues. The police department is unaware of another organization in the area who has such experience and knowledge. Environmental Review Financial Statement No Financial Impact F RECOMMENDATION X N/A Account No. Approve the Resolution BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution Copy of Grant Resolution No. 2000-48 A-200 (Rev. 9/89) RESOLUTION NO. 2000 — 48 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACKNOWLEDGING THE INSTITUTE FOR HEALTH ADVOCACY AS SUB -CONTRACTOR AND GRANT PARTNER FOR THE OFFICE OF TRAFFIC SAFETY "HIGH INTENSITY PREVENTION ZONE" GRANT WHEREAS, on March 28, 2000, the National City Police Department was approved to receive $542,824 in grant funds from the California Office of Traffic Safety to establish a "High Intensity Prevention Zone" throughout the South Bay; and WHEREAS, of the $542,824 awarded, $187,649 has been designated for media advocacy and community leadership training; and WHEREAS, the Police Department desires to designate the National City based Institute for Health Advocacy (a non-profit organization) as the sub -contractor and grant partner responsible for the media advocacy and community leadership training component, based upon the following: 1. The Institute for Health Advocacy is based in National City and therefore has a keen knowledge and understanding of South Bay issues and problems; 2. The Institute for Health Advocacy has established a proven track record working with the Office of Traffic Safety, law enforcement and more specifically the National City Police Department; 3. The Institute for Health Advocacy is a nationally recognized leader in media advocacy and community leadership training; 4. The Institute for Health Advocacy is the only entity known to the Police Department which has the skills, knowledge, and experience to successfully deliver the grant objectives as they relate to media advocacy and community leadership training; 5. The Institute for Health Advocacy has specific knowledge and experience in media advocacy work as it relates to alcohol issues. The Police Department is unaware of another organization in the area who has such experience and knowledge; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby acknowledges the Institute for Health as the sub -contractor and grant partner responsible for the media advocacy and community leadership training component of the Office of Traffic Safety "High Intensity Prevention Zone" grant awarded to the National City Police Department. -- Signature Page to Follow -- Resolution No. 2000 — 48 April 25, 2000 Page Two PASSED and ADOPTED this 25th day of April, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: /-4,3 George H. Eiser, III City Attorney State of California �,� ' f Business, Transportation & Housing Agency sE II PROJECT NUMBER `3- ;� OFFICE OF TRAFFIC SAFETY AL0011 GRANT AGREEMENT PAGE 1 (To be completed by applicant Agency) 1. PROJECT TITLE HIGH INTENSITY PREVENTION ZONE 2. NAME OF APPLICANT AGENCY NATIONAL CITY POLICE DEPARTMENT 4. PROJECT PERIOD Month - Day - Year 3. AGENCY UNIT TO HANDLE PROJECT NATIONAL CITY POLICE DEPT.'S NEIGHBORHOOD POLICING TEAM From: 04-01-00 To: 03-31-02 5. PROJECT DESCRIPTION (Summarize the project plan covering the objectives, method of procedures, evaluation, and end product in approximately 100 words. Space is limited to 11 lines.) The National City Police Department will work with other agencies in the South Bay region to create a "High Intensity Prevention Zone". The main goal is to combine enforcement, education and public policy development toward reducing alcohol related traffic incidents. This will be accomplished by addressing root causes of incidents in a coordinated fashion through a collaborative, multi jurisdictional partnership. Working together, five police jurisdictions in the region will conduct DUI and driver license checkpoints, minor decoy operations, Cops in Shops and roving DUI patrols. Additionally, these enforcement agencies will establish working relationships with schools, public health organizations and other agencies to carry out regional strategies within their communities. To ensure high visibility and support for coordinated efforts, community capacity building, newsmaking, and youth participation components will play an integral role. 6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED: $ 542,824.00 7. APPROVAL SIGNATURES A. PROJECT DIRECTOR B. AUTHORIZING OFFICIAL OF APPLICANT AGENCY NAME: Lanny Roark PHONE: (619) 336-4438 TITLE: Sergeant-NPT FAX: (619) 336-4525 ADDRESS: 1200 National CIty Blvd. National CIty, Ca. 91950 E-MAIL: lannyroark@yahoo.com NAME: Anthony DiCerchio PHONE: (619) 336-4517 TITLE: Chief of Police FAx: (619) 336-4525 ADDRESS: 1200 National City Blvd National City, Ca. 91950 E-MAIL: (Signature) (Date) (Signature) (Date) C. FISCAL OR ACCOUNTING OFFICIAL D. OFFICE AUTHORIZED TO RECEIVE PAYMENTS NAME: Marylou Matienzo PHONE: (619) 336-4331 TITLE: City Finance Director FAx: (619) 336-4349 ADDRESS: 1243 National CIty Blvd. National City, Ca. 91950 E-MAIL: NAME: City Finance Department ADDRESS: 1243 National City Blvd. National City, Ca. 91950 (Signature) (Date) llme 'I o /n __. l + Inn\ SCHEDULE A PROJECT No: AL0011 PROJECT DESCRIPTION PAGE 1 BACKGROUND A. GENERAL CHARACTERISTICS The South Bay region consists of the separate municipalities of National City, Chula Vista, Coronado, Imperial Beach and a section of the city of San Diego. The South Bay region is a heavily urbanized area of approximately 100 square miles, with an estimated population of some 300,000 persons. The region makes up the southern end of San Diego County. South Bay's southern edge is the U.S./Mexico border. The South Bay's western boundary is the San Diego Bay, with the cities of Imperial Beach and Coronado having both beach (Pacific Ocean) and bay access. The South Bay has a heavy concentration of light industrial and commercial establishments and is part of the largest U.S. Navy installation on the West Coast. The average income in South Bay communities is lower than that for San Diego County as a whole. National City, for example, has the lowest per capita income of any city in the county, and also a population with the youngest median age. The majority of the South Bay region (with the exception of Coronado) is considered "blue collar" with an ethnically diverse population. Census data shows that 44 percent of the population of National City, Chula Vista and Imperial Beach is Hispanic, 40 percent White, 5 percent Black and 11 percent other, mainly Asian and Pacific Islanders. Raising the level of consciousness of the risks entailed in drinking and driving and youth access to alcohol requires a program tailored to the multi -cultural demographics of the South Bay region. When these demographics are coupled with research showing that rates of alcohol -related offenses are higher in communities with lower income levels, we see why National City and other South B—' communities need the kind of enforcement and public policy effort that the High Intensity Prevention Zone can provide. B. STREET AND HIGHWAYS The South Bay is traversed by two freeways running north and south, Interstates 5 and 805. Additionally, the area is traversed east and west by two state highways, 54 and 905. State highway 75 joins the cities of Coronado and Imperial Beach with each other and the remainder of the South Bay. The city of National City has a total of 100.3 roadway miles (42.9 arterial and 57.4 local). The city of Coronado has a total 61.5 roadway miles (48 miles of city streets and 13.5 miles of state highway). The city of Chula Vista has a combined total of 336.6 miles. The city of Imperial Beach has 54 total roadway miles. The southern section of the city of San Diego (San Ysidro and surrounding neighborhoods at or near the border) has 273.2 roadway miles. These figures combined make up a total of 825.6 roadway miles for the South Bay region. C. OPERATING DEPARTMENTS The National City Police Department is a full service police agency employing 117 full time employees. This includes 85 sworn officers. The Department is also served by 18 reserve officers, 14 Senior Volunteer Patrol personnel and 5 part time employees. The Department is divided into two primary divisions, "operations" and "support". Bureaus within the Department include patrol, traffic, investigations and community services. There are several specialty assignments such as K-9, and Primary Response Team (SWAT), regional task force participation in narcotics, gangs and auto theft and a Community Oriented OTS-38b (Rev 10/99) SCHEDULE A PROJECT No: AL0011 PROJECT DESCRIPTION PAGE 2 Policing and Problem Solving (COPPS) team known as the Neighborhood Policing Team. The Department is headed by the Chief of Police, with command staff consisting of one captain and five lieutenants. The sergeant of the Neighborhood Policing Team will serve as the project director and will be assisted in carrying out the operations described herein by officers of the Neighborhood Policing Team. The Coronado and Chula Vista police departments are organized in a roughly similar fashion. The Coronado Police Department employs 62 personnel, 31 of which are sworn officers. The Chula Vista Police Department employs 317 personnel, 210 of which are sworn personnel. The city of Imperial Beach is provided law enforcement services via a contract with the San Diego County Sheriffs Department. The southern section of the South Bay Region (San Ysidro and surrounding neighborhoods) is a part of the city of San Diego and is policed by the San Diego Police Department. D. EXISTING SYSTEMS DUI and other alcohol related enforcement is currently conducted on a department -by -department basis. There are varying degrees of emphasis placed on alcohol enforcement operations. The City of Coronado, for example, may currently conduct one DUI checkpoint a year and virtually no other pro -active alcohol enforcement measures. Other cities in the South Bay region may conduct more of one type of alcohol enforcement and less or none of another. Most DUI checkpoints that are conducted in the region are handled by traffic division personnel. Data on alcohol related offenses, the nexus to other criminal activity and information concerning ongoing alcohol enforcement operations is not typically shared among the agencies in the South Bay. PROBLEM STATEMENT From the standpoint of traffic safety, The South Bay region of San Diego County cries out for a more efficient application of enforcement resources and community prevention initiatives. The communities which make up the South Bay have grown over the years to become a patchwork of five local jurisdictions confronted with overlapping traffic and safety problems, especially in the areas of youth access to alcohol and drinking and driving. Those responsible for DUI enforcement in these communities recognize the regional nature of the problem but have only limited channels for communication and coordination of their efforts. The project described here, the "High Intensity Prevention Zone ", will create a coordinated regional effort in DUI enforcement along with education and public information activities to generate support for the enforcement effort. Complicating enforcement efforts is the South Bay's southern edge, the U.S./Mexico border. Most of the vehicular and pedestrian traffic between San Diego and Tijuana flows through the San Ysidro port of entry, the busiest border crossing in the world. An average of 40,000 vehicles per day move north and south through the border crossing. Northbound traffic fans out into the South Bay area, via Interstate Highways 5 and 805 and the surface streets of the South Bay communities. A large percentage of South Bay residents have friends or relatives in Tijuana, stimulating traffic in both directions. OTS-38b (Rev 10/99) SCHEDULE A PROJECT No: AL0011 PROJECT DESCRIPTION PAGE Proximity to the international border has created special traffic problems in the South Bay. The legal drinking age in Mexico is 18; in California it is 21. This disparity helps account for much of the nighttime traffic through the San Ysidro port of entry, as young drinkers from Southern California are lured to bars and clubs in Tijuana. Moreover, enforcement of the 18-year drinking age in Mexico is often lax. Children in their early teens have been seen drinking in bars along Tijuana's Avenida Revolucion. Bars often remain open throughout the early morning hours. Parking lots on the U.S. side are packed with cars on weekends and on those midweek nights when Tijuana bars advertise all -you -can -drink price specials. Military bases in National City, Coronado and San Diego contribute to the cross -border traffic of persons under the legal drinking age. Research commissioned by the Alcohol and Drug Services of the San Diego County Health and Human Services Agency has shown that more than half of the pedestrians returning from Tijuana between 11 p.m. and 4 a.m. had been drinking and nearly half of those who had been drinking had a blood alcohol concentration over the .08 limit. Significantly, one in four of the returning pedestrians under 21 had a BAC of .08 or above. The threat to traffic safety is obvious and is borne out by crash statistics. San Diego County ranks second in California in the number of alcohol -related fatal and injury collisions per capita, and third in the number of victims killed or injured per capita in alcohol -related crashes. San Diego County also ranks second in the number of persons in the 18-20 year old age group killed or injured per capita in alcohol -involved collisions. The California Highway Patrol reports that it investigates more fatal collisions on Interstates 5 and 805 (the principal arteries leaving the San Ysidro border crossing northbound through the South Bay area) than on any other freeways in the San Diego area. According to the CHP, the percentage of collisions involving alcohol on Interstate 5 in San Diego County is significantly higher than the percentage on I-5 statewide. The Soutl y region as a whole remains vulnerable to the impact of drinkers returning from Mexico and also faces conditions within its own communities that aggravate the problem. National City (serving as a microcosm of the South bay region as a whole) continues to be plagued by troubling alcohol related incidents. In 1997, National City police officers made 369 arrests for drunk in public. Of those 369 arrests, 50 were juveniles (under 18 yrs.) Further, in 1996 there were 22 DUI related collisions. That number jumped to 47 in 1999. Officers made 107 arrests for driving under the influence in 1997. By 1999, that number had rose to 224. National City still has the second highest injury collision rate (reported injury collisions per mile of surface streets) of the eighteen incorporated cities in San Diego County: 2.89 in 1992, 3.09 in 1993 and 3.06 in 1994 compared to the county average of 1.97. (Rates calculated from aggregate numbers from SWITRS). There is currently no mechanism for coordination of DUI enforcement or public education activities regarding alcohol -impaired driving in the South Bay region. The regional nature of alcohol -related traffic problems is known mainly through informal exchanges between local police agencies. There is a deficiency in data on the locationand frequency of alcohol sale and consumption in communities within the region and the location and frequency of alcohol -related traffic offenses. Due to manpower limitations, DUI enforcement has been sparse and infrequent in the South Bay region. Rarely do officers take advantage of the zero tolerance laws relating to drinking and driving by those under_ 21 years of age. School programs such as Drug Abuse Resistance Education (DARE) and Juveniles Out of gs (JOG) touch only briefly on the negative effects of alcoholic beverages and their risk when young people reach OTS-38b (Rev 10/99) SCHEDULE A PROJECT No: AL0011 PROJECT DESCRIPTION PAGE 4 driving age. Within communities in the South Bay region, DARE and JOG are taught to only 4th and 5th grade students. There is no organized, consistent program in the region to deliver education to junior and senior high school students about drinking and driving, including zero tolerance laws. This is a serious deficiency because at these ages minors are beginning to expand their level of freedom and experiment with many different aspects of life, including alcohol, drugs and sex. Many are moving into these years of experimentation with an uneducated, naive understanding of the ramifications of alcohol use, especially as it applies to impaired driving. A Youth Risk Behavior Survey in the San Diego Unified School District helps define the magnitude of the problem. The survey taken in 1997 found that 76.1 percent of high school students had tried alcohol at least once, and 47 percent had been drinking within 30 days of the survey. One in four said they had engaged in "binge" drinking — five or more drinks on a single occasion — in the preceding 30 days. Significantly, 14.9 percent of the male students and 9 percent of the female students said they had driven a motor vehicle one or more times after drinking alcohol in the previous 30 days. More than twice as many — 35 percent for males and 32.5 percent for females — said they had ridden in a car in the past 30 days with someone who had been drinking. In conclusion, as it pertains to the South Bay region, there is a lack of coordinated, cause and effect policing as it pertains to alcohol -related incidents. There is no multi -faceted, comprehensive approach to addressing the root cause of the problem on a region -wide level. The negative ramifications of alcohol, primarily youth access to such, pay no respect to geo-political boundaries. Though there are efforts underway ona jurisdiction -by - jurisdiction basis, what is lacking is a combined effort which includes enforcement, education, strategic news making and policy/legislative work. ATTEMPTS TO SOLVE THE PROBLEM Shortly after the formation of the National City Police Department's Neighborhood Policing Team (a team - dedicated to long term problem solving via Problem Oriented Policing means and methods supported by a Community Policing Philosophy) the Team began examining alcohol issues in the community and executed Cops -in -Shops and minor decoy operations. In the latter part of 1998, the Neighborhood Policing Team began assisting San Diego Police Department in Operation Safe Crossing. We recognized the impact underage consumption of alcohol was having on our community, even in those cases where the actual consumption was taking place south of the border. In January 1999, the Team developed and executed a nine -month "Community Alcohol Management Project". The project (a multi -faceted, comprehensive Problem Oriented Policing project) combined a number of components to raise the level of consciousness in National City regarding the negative ramifications of alcohol and its impact on the livability of the community. As a part of the project, enforcement efforts included roving DUI patrols, DUI checkpoints, minor decoy operations, "Shoulder Tap" operations and Cops -in -Shops operations. The project helped set the stage for this department's award of a grant from the California Department of Alcoholic Beverage Control. Further, this department is regularly involved in the National City ATOD (Alcohol Tobacco and Other Drug) Task Force. The Task Force is comprised of health care providers, social service providers, law enforcement and grass roots community groups. Through the nine -month project, our ABC grant and our continuing participation in the Task Force, we have been working toward long term or permanent solutions to some of the OTS-38b (Rev 10/99) SCHEDULE A PROJECT NO: AL0011 PROJECT DESCRIPTION PAGE 5 problems perpetuated by the illegal and/or irresponsible sales, purchase and consumption of alcohol in the community. Additionally, this department is regularly involved on a broader scale in the county as it relates to alcohol, primarily youth access to alcohol. The department participates with the San Diego County Youth Access to Alcohol Policy Panel. Additionally, the department is represented on the newly formed San Diego County Law Enforcement Task Force on Alcohol Related Issues. This author chairs the Task force. Finally, The California Highway Patrol has recognized the border drinking problem in its current program for stepped -up DUI enforcement on northbound I-5 and I-805 which originate at the San Ysidro border crossing. PROJECT GOALS 1. To reduce by 10 percent the number of reportable, alcohol -involved collisions on surface streets in the South Bay region of San Diego County, from 192 collisions in the base year 1998 to 173 in 2002. 2. To achieve a reduction in alcohol -impaired driving on surface streets in the South Bay region which will contribute to a concurrent effort by the California Highway Patrol to reduce alcohol -involved collisions on I-5 and I-805 in San Diego County by 15 percent. 3. To reduce by 10 percent the number of successful attempts by minors to buy alcohol at outlets in the South Bay region, as measured i4 decoy and Cops -in —Shops operations conducted in the final six months of the project. The reduction wi 1 be measured from a baseline determined in decoy and Cops -in -Shops operations conducted during the first six months of the project. 4. To assure the high visibility of the coordinated regional DUI enforcement effort through news coverage and other public information activities. 5. To build mutual support and coordination among a minimum of eight public health, public safety and education and grass roots community groups to address regional alcohol problems reflected in rates of DUI and other alcohol -related offenses. 6. To develop and support infrastructure and public information campaigns to effectively reflect the strong community support for prevention and enforcement activities. PROJECT OBJECTIVES 1. To conduct coordinated DUIIDL checkpoints in the South Bay region along with vehicle impounds during both holiday and non -holiday dates. (Conduct at least one operation per month. Three of these operations will augment operation Safe Crossing by working at the border or at frequent destinations of partiers returning from Tijuana, such as trolley stations in Chula Vista and National City. Holiday operations will begin on Memorial Day .) weekend, 2000 2. To conduct multi-agencykroving DUI patrols in the South Bay region. (Conduct at least one operation pe, month. Three of these operations will augment operation Safe Crossing by working at the border or at OTS-38b (Rev 10/99) SCHEDULE A PROJECT No: AL001 1 PROJECT DESCRIPTION PAGE 6 frequent destinations of partiers returning from Tijuana, such as trolley stations in Chula Vista and National City. Holiday operations will begin on Independence Day weekend, 2000.) 3. To conduct minor decoy operations at on -sale and off -sale establishments throughout the South Bay region in cooperation with investigators of the California Department of Alcoholic Beverage Control. (Conduct one decoy operation per month. While aimed primarily at reducing youth access to alcohol and DUI offenses by minors, the decoy operations will serve as an evaluative tool and a source of data on underage drinking patterns.) 4. To conduct Cops -in -Shops operations at off -sale establishments in the South Bay region. (Conduct 18 Cops -in -Shops operations during the two years of the project. While aimed primarily at reducing youth access to alcohol and DUI offenses by minors, the Cops -in -Shops operations will serve as an evaluative tool and a source of data on underage drinking patterns.) S. To organize and conduct capacity -building workshops for community leaders and volunteers on how to impact public policy, effect change in community attitudes towards alcohol and build community support for law enforcement activities. (Conduct 4 workshops per year, starting in June 2000.) 6. To organize and conduct "meet the media" seminars. A panel of three to five journalists will be convened to discuss practical ways to access news outlets. Reporters will talk about their areas of special interest and discuss the process county newsmakers can use to send information to them. These seminars will also allow community gro r to explain their issues, share their information and receive suggestions from reporters on how to "frame the story" to make it attiactive to news outlets. (Conduct two seminars per year, one in English and one in Spanish.) 7. To organize and facilitate programs at schools in the South Bay to familiarize students with the California zero tolerance laws and other aspects of state law affecting underage drinking. (Provide programs at nine high schools and 10 middle and junior high schools during the 2000-2001 school year, followed by the same number in the 2001-02 school year.) 8. To facilitate regional media briefings with U.S. and Mexican reporters. (Provide one in English and one in Spanish. Briefing will consist of a regional approach towards alcohol -related problems and solutions including updates on Operation Safe Crossing.) 9. To establish an Alcohol Public Information Youth Team. Participants will primarily be volunteers from San Diego County who will be trained to use the free news media to support enforcement activities and send messages to their peers about DUI and drinking issues. They also will collaborate with the Operation Safe Crossing Youth Focused Team to send messages about the dangers of cross border drinking. Participants will learn and practice how to become effective community spokespersons in the broadcast and print media, and how to participate as anchor guest on talk radio. 10. To establish multi -disciplinary teams consisting of law enforcement officers, public health professionals and grass roots community representatives to develop communication strategies and spokespersons. These team members will participate in joint training workshops that form and support long term team building to establish a multi -disciplinary approach and perspective in public policy and public information strategies. OTS-38b (Rev 10/99) SCHEDULE A PROJECT NO: AL0011 PROJECT DESCRIPTION PAGE 7 (Train and develop three teams. There activities involve: 5 joint T. V. radio and print interviews per year, collaborating in writing and publication of three op-ed pieces and letters to the editor. These may include regional, community, campus, and/or military news agencies.) 11. To plan and execute news events coordinated with law enforcement activities. Those volunteers participating in the youth and multi -disciplinary teams will generate news. (Set up a total of 10 events, including seven non -holiday operations and three holiday operations beginning with Halloween, Thanksgiving, New Years Eve of 2000.) 12. To enlist young volunteers to distribute leaflets in English and Spanish at relevant trolley stations and other appropriate locations, creating a high -visibility public information campaign regarding planned or ongoing enforcement activities. The leaflets will point out aspects of California's DUI and youth -alcohol laws, and indicate that a strict enforcement is in progress. When Coordinated with Operation Safe Crossing, leaflets will also provide information on free transportation home from the border. (Leaflet distribution will coincide with each DUI operation.) NOTE: Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a police officer issue a specified or predetermined number of citations in pursuance of the obligations hereunder. METHOD OF PROCEDURE Phase 1— Program Preparation (April 1, 2000 — May 15, 2000) Individual M.O.U's with allied agencies and other sub -contractors will be executed. The purchase of equipment and supplies will be initiated. Organizational meetings with participating personnel will be held. Any necessary formal or in-house training will be conducted. Initial promotional information will be produced and forwarded to appropriate organizations. Phase 2 — Implementation (May 16, 2000 - March 30, 2002) Begin enforcement operations component, starting with a DUUDL checkpoint on Memorial Day weekend, 2000, followed by multi -agency roving DUI patrols. Some of these operations will augment Operation Safe Crossing and/or be conducted at times and places based upon data regarding events in the community, i.e. high school prom night, concert at Coors Amphitheater, championship football games, etc. Minor decoy operations at on -sale and off -sale establishments throughout the South Bay region, in cooperation with investigators of the California Department of Alcoholic Beverage Control, will also commence during this period. The school curriculum component will be provided at nine high schools and 10 middle and junior high schools during the 2000-2001 school year, followed by the same number in 2007j002 school year. 'T'-o media advocacy component and youth and community component, will follow as previously described. OTS-38b (Rev 10/99) SCHEDULE A PROJECT No: AL0011 PROJECT DESCRIPTION PAGE 8 Phase 3 — Data Gathering & Analysis (Throughout Project Period) The South Bay High Intensity Prevention Zone will benefit from the last 2+ years of organizational work accomplished by public health officials. The program will have the experience of the California Highway patrol and the San Diego Police Department and other law enforcement agencies (including National City Police Department) in interdicting binge drinking youth crossing into and returning from Mexico and from an ongoing intensive evaluation of drinking in San Diego County funded by the National Institute on Alcohol Abuse and Alcoholism (NIAAA). These programs will have been underway for over 2 years when funding becomes available under the current request so that all of those involved will have gained considerable experience in dealing with youthful drinking and driving. For the past two years, data being collected under an NIAAA grant by the Pacific Institute for Research and Evaluation (PIRE) has provided background for the development of special enforcement efforts and public information programs. This has allowed the current Operation Safe Crossing effort to be based on scientific data that identifies the characteristics of the youthful population at risk, the amount of their drinking, the time and place of their drinking and their drinking and driving. Information is also available on the proportion of cross -border binge drinkers who are members of the military, who are university students, or who are attending high schools. This assists in getting the cooperation of the military, college and high school authorities in participating in a program to reduce the dangers of cross -border binging and guides public information campaigns by identifying the target groups and the potential messages likely to influence their behavior. It is proposed that this same process will be applied using the detailed data for San Diego County collected under the NIAAA grant by PIRE. This would be augmented by additional measures to be implemented to evaluate the project using the funds requested in this proposal and in a proposal submitted to, but not yet funded by, the Robert Wood Johnson Foundation. (1) DUI enforcement measures: Data will be collected from the participating police departments on the number of officers, the type. of enforcement activity and the dates of the enforcement operation for each campaign implemented under this project. (2) Outlet enforcement: Each participating police department will provide the number of officers assigned the number of outlets canvassed, and to outlets, the dates and times of enforcement activities. (3) Media Advocacy: The subcontractor will maintain a record of the number of personnel hours devoted to supporting the media advocacy effort for the project. (4) Community organization: The subcontractor will separately account for hours devoted to assisting advocate organizations in producing a consortium and developing programs for reducing DUI among youthful drivers ages 18 to 25. (5) Staff records of DUI arrests and zero tolerance enforcement action will be maintained for the project. The first will include all arrests or zero tolerance enforcement actions for the county as a whole based on DMV motor vehicle records of ALR suspensions. A second set of arrest data will be maintained by the OTS-38b (Rev 10/99) SCHEDULE A PROJECT NO: AL0011 PROJECT DESCRIPTION PAGE 9 cooperating departments themselves on the numbers of DUI arrests and zero tolerance enforcement action, which their officers have produced during the various operations under the project. (6) Minor decoy operations against alcohol retail outlets in South Bay: The output measure from this program to reduce sales of alcohol to minors will be the number of decoy operations mounted by the South Bay agencies and within those operations the number of arrests (citations) issued to violators. (7) Radio and print media coverage of South Bay operations: The subcontractor will establish a monitoring system for media outlets which permits the counting of all TV and radio news related to enforcement operations of the South Bay project. It will also develop a regular clipping service which ensures that all print media coverage from publications in the county are noted and recorded. These counts for TV/radio print media provide the outcome measure for the media program to be implemented. (8) BACs of nighttime drivers: The key intermediate measure for evaluating the effectiveness of the project will be collected through the initiation of a program of voluntary roadside breath test surveys to be mounted on Friday or Saturday nights to measure the proportion of youthful drivers 18 to 25 using the roads on weekend and evening, who have a measurable BAC. This number should decrease as the enforcement operations get underway. It has been shown by experience that roadside BACs are responsive to the level of media activity with reduced BACs being recorded following major media advocacy efforts. (9) Emergency medical service response to crash events: The current Pacific Institu`#e.border survey prog, has arranged with the County EMS Department to obtain data on all EMS responses to crash events beginning with January 1, 1996. This will provide a long-term series available to determine whether the project has reduced this outcome measure. (10) Alcohol related crashes: Pacific Institute currently ahs an abstract of the California Highway Patrol SWITRS data covering the county of San Diego from the year 1988 to present. That file will provide a long-term time series of had -been -drinking and single vehicle nighttime crashes as measures of the influence of the project on alcohol related crashes. Other data collection: All participating law enforcement agencies will endeavor to get information from DUI arrestees regarding the place of last drink. This information can help in the planning of decoy operations and other measures aimed at gaining compliance with laws covering sale of alcohol to minors and to intoxicated persons. Additionally, reports on other types of arrests or investigations will indicate whether alcohol was involved in the crime, providing information to the community on the relationship between alcohol consumption and criminal activity. Phase 4 — Final Report and Executive Summary (March 30, 2000- May 30, 2000) Begin the Final Report and Executive Summary in accordance with OTS requirements specified in the Grant Program Manual, Chapter 7. Both will be submitted to OTS within 60 days after the grant ends. METHOD OF EVALUATION OTS-38b (Rev 10/99) SCHEDULE A PROJECT No: AL0011 PROJECT DESCRIPTION PAGE 10 Using the data compiled, the project manager will evaluate: (1) how well the stated project goals(s) and objectives were accomplished; (2) if all the activities outlined in the Method of procedures were performed in accordance with the grant agreement; and (3) was the project cost effective. STATEMENT OF INTENT It is the intent of the National City Police Department to explore additional funding sources so as to work in a collaborative fashion with the other South Bay agencies to sustain and expand upon the work accomplished by virtue of this project. OTS-38b (Rev 10/99) SCHEDULE A-1 PROJECT No.: AL0011 ADMINISTRATIVE SUPPORT STATEMENT — Explain what type of priority this project has in your jurisdiction. The City Council of National City will endorse this project by resolution. The Chief of Police is dedicated to the goal of alcohol related incident reduction and fully intends to meet the goals and objectives of this project. AGENCY CONTRIBUTION — Explain what services or funds are being contributed by your agency in support of this project. The National City Police Department will provide services necessary for coordination, supervision and administration of this project. The three year contribution will be as follows: CONTRIBUTED ITEM Neighborhood Policing Team Sgt. (Project Director) Police Department Crime Analyst Vehicle Operation and Maintenance Benefits and Other Related Employee Costs Total Agency Contribution 25 15 100 100 FY-1 $11,415.00 3,952.00 3,500.00 5,347.00 FY-2 $23,971.00 8,299.00 $7,000.00 13,808.00 FY-3 $11,986.00 4,150.00 7,200.00 5,893.00 $24,214.00 $53,078.00 $29,229 OTS-38c (Rev 10/99) SCHEDULE B Page 1 DETAILED BUDGET ESTIMATE PROJECT No. AL0011 COST CATEGORY FISCAL YEAR ESTIMATES A. PERSONNEL COSTS Positions and Salaries 1 sergeant @ 50.55 hr. for 162 hrs 53.02 hr. for 324 hrs. and 55.67 hr. for 162 hrs. Yrs.1, 2 & 3 respectively DUI/DL and minor decoy operations: 6 officers @ 41.01 hr. for 30 hrs. 43.06 hr. for 90 hrs. and 45.21 hr. for 30 hrs. Yrs 1, 2 & 3 respectively Cops -in -Shops operations: 3 officers @ 41.01 hr. for 10 hrs. 43.06 hr. for 20 hrs. and 45.21 hr. for 10 hrs. Yrs. 1, 2 & 3 respectively School Curriculum Program: 1 officer @ 41.01 hr. for 25 hrs. 43.06 hr. for 50 hrs. and 45.21 hr. for 25 hrs. Yrs. 1, 2 & 3 respectively FY-1 04-01-00 09-30-00 $8,189.00 7,382.00 1,230.00 1,025.00 FY-2 10-01-00 09-30-01 $18,038.00 23,252.00 2,584.00 2,153.00 FY-3 10-01-1 03-31-02 $9,019.00 8,138.00 1,356.00 1,130.00 FY-4 TOTAL COST TO PROJECT $35,246.00 0.00 38,772.00 0.00 5,170.00 0.00 4,308.00 0.00 0.00 0.00 Employee Benefits @ 0.00 Category Sub -Total B. TRAVEL EXPENSE In -state Out of state $17,826.00 $46,027.00 $19,643.00 $ 0.00 $83,496.00 $600.00 1,200.00 $1,000.00 $600.00 2,200.00 1,200.00 0.00 Category Sub -Total C. CONTRACTUAL SERVICES $1,800.00 $1,000.00 $ 600.00 $ 0.00 $3,400.00 Revised:03/28/00 OTS 38d (10/99) SCHEDULE B Page 2 DETAILED BUDGET ESTIMATE PROJECT No. AL0011 Allied law enforcement agencies in South Bay region Media advocay and community leadership training sub -contractor $47,455.00 47,237.00 $136,451.00 93,175.00 $51,403.00 47,237.00 235,309.0L 187,649.00 0.00 Category Sub -Total $94,692.00 $229,626.00 $98,640.00 $ 0.00 $422,958.00 COST CATEGORY FISCAL YEAR ESTIMATES FY-1 FY-2 FY-3 FY-4 10-01-00 10-01- TOTAL COST D. NON -EXPENDABLE PROPERTY 09-30-00 TO PROJECT $0.00 0.00 0.00 0.00 O.P'- 0.00 Category Sub -Total $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 E. OTHER DIRECT COSTS Laptop computers 3 @ $4,000.00 $12,000.00 $12,000.00 Computer software & licensing 3 @ 4,500.00 4,500.00 $1,500.00 Preliminary alcohol screening devices 2,800.00 2,800.00 "Pager" surveillance wire 1 @ 1,250.00 1,250.00 $1,250.00 Digital camera 1 @ $550.00 550.00 550.00 Miniature portable 2-watt repeater for surveillance wire 2,650.00 2,650.00 Binoculars 12X50 2 @ $200.00 400.00 400.00 Educational and promotional material 5,000.00 2,000.00 1,500.00 8,500.00 Computer scanner 320.00 320.t,.. Category Sub -Total $29,470.00 $2,000.00 $2,000.00 $ 0.00 $32,970.00 OTS 38e (10/99) Revised:03/28/00 SCHEDULE B Page 3 DETAILED BUDGET ESTIMATE PROJECT No. AL0011 F. INDIRECT COSTS NOT APPLICABLE $0.00 Category Sub Total $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 PROJECT TOTAL $143,788.00 $278,653.00 $120,883.00 $ 0.00 $542,824.00 Revised:03/28/00 OTC 1Re(l11/Q91 SCHEDULE B-1 PROJECT No. AL0011 BUDGET NARRATIVE Page PERSONNEL COSTS The National City Police Department will use existing police personnel on an overtime basis to accomplish the aforementioned enforcement operations. Enforcement is distributed among four operations: DUI checkpoints, roving DUI patrols, minor decoy sting operations and Cops -in -Shops. The enforcement operations (excluding the Cops -in -Shops) are based on 10-hour shifts utilizing 6 officers. The Cops -in - Shops operations are based upon a 10-hour shift utilizing 3 officers. The salary rate for officers during the first year is $41.01 per hour. The second year rate is $43.06 per hour and the third year rate is $45.21 per hour. This rate is the overtime rate at 1 Y2 times the officer's salary. The increase year-to-year represents a 5% salary increase. This adjustment is representative of known and anticipated adjustments of participating agencies. The stated overtime rate does not include full compensation (benefits), as that cost will be absorbed by the city of National City and considered part of the agency contribution. The sub -contracted allied law enforcement agencies in the South Bay region will be compensated in the same manner. We anticipate three enforcement operations will be conducted in the first year for a total of 30 hours. (30 hours at $41.01 per hour = $1,230.30 X 6 officers = $7,382.00. All figures rounded to nearest whole number.) We further anticipate one Cops -in -Shops operation in the first year for a total of 10 hours. (10 hours at $41.01 per hour = $410.10 X 3 officers = $1,230.00. All figures rounded to the nearest whole number.) Circumstances may indicate it is more feasible to adjust the particular number of personnel for -,, given enforcement operaticn while possibly increasing the number of operations; For example, two DUI roving patrols with 3 officers each rather than one DUI roving patrol with 6 officers. Operations for the remaining two years have been calculated in the same fashion. We anticipate 90 hours of enforcement operations at $43.06 per hour X 6 officers for year two and 30 hours of enforcement operations at 45.21 per hour for year three. Additionally, we anticipate 20 hours of Cops -in -Shops operations at $43.06 per hour X 3 officers for the second year and 10 hours of Cops -in -Shops operations at 45.21 per hour X 3 officers for the third year. Further, one police officer position, on an overtime basis, will be utilized to teach the school curriculum Component. We anticipate using 25 hours at $ 41.01 per hour the first year, 50 hours at $43.06 per hour for the second year and 25 hours at $45.21 per hour for the third year. Total school curriculum component cost for the three years equals $5,170.00. The National City Police Sergeant's position has been calculated at $50.55 per hour for the first year, 53.02 per hour for the second year and 55.67 per hour for the third year. Serving as the project director, this position is anticipated to incur 162 hours of overtime for the first year, 324 hours overtime for the second year and 162 hours for the third year. These calculations are based upon enforcement operation supervision, all necessary pre and post planning and review, overall project organization to include meetings and presentations and necessary grant reporting requirements. Though total overtime hours will remain static, it is anticipated that supervision duties of specific enforcement operations may be divided among any number of sergeants during the course of the project. OTS-38f (Rev 10/99) SCHEDULE B-1 PROJECT No. AL0011 BUDGET NARRATIVE Page 2 TRAVEL EXPENSE Travel funds will be utilized for travel and per diem to attend the annual OTS seminars and OTS approved training. Additionally, we propose to utilize travel funds for the national Alcohol Policy XII Conference June 11-14, 2000 in Washington, DC. The grant project director will be a presenter and will highlight the efforts underway as it relates to this grant. CONTRACTUAL SERVICES The allied law enforcement agencies in the South Bay region will conduct alcohol related enforcement operations and an educational component in the same fashion and by the same means and methods as described for National City Police Department. It is anticipated that each agency (Chula Vista, San Diego, Imperial Beach and Coronado) will conduct approximately 19 separate enforcement operations during the course of the project. Additionally a mix of personnel from each agency could be combined to execute any type of enforcement operation throughout the region. For example, two officers from National City and one officer each from Chula Vista, San Diego, Coronado and Imperial Beach (S.D. County Sheriff's) may join together to form a six -officer roving DUI patrol and concentrate in the contiguous geographic area covering Imperial Beach and South San Diego. Additionally, an officer(s) from each agency will teach the alcohol curriculum in their respective schools. I aA subcontractor (yet to be identified) will be responsible for the media advocacy and yo4ith and community training component of this project. The subcontractor will be responsible for capacity -building workshops for community leaders and volunteers, "meet the media" seminars, providing technical assistance and consulting services to enforcement agencies, facilitate regional media briefings with U.S. and Mexican reporters and establish an Alcohol Public Information Youth Team. The subcontractor will also develop news and educational video segments on enforcement and prevention with youth and adult community volunteers and project staff. Additionally, the subcontractor will establish multi -disciplinary teams consisting of law enforcement officers, public health professionals and grass roots community representatives to develop communication strategies and spokespersons. The subcontractor will also plan and execute news events coordinated with law enforcement activities and enlist young volunteers to distribute leaflets in English and Spanish at relevant trolley stations and other appropriate locations, creating a high -visibility public information campaign regarding planned or ongoing enforcement activities. NON -EXPENDABLE PROPERTY NONE OTHER DIRECT COSTS Three laptop computers and appropriate software and licensing will be purchased. The laptop computers will be used for the enforcement operations and other related programs. The laptops will be compatible with current and projected NCPD systems. The computers will be used for the Automated Field Reporting System (AFR). AFR is working towards a paperless system. AFR reduces the time of4isFs must spend OTS-38f (Rev 10/99) SCHEDULE B-1 PROJECT No. AL0011 BUDGET NARRATIVE Page: writing reports, which in turn allows for more enforcement time. When the NCPD mobile data terminal system is operational, the laptops will also be used to access DMV files and other criminal justice networks. A computer scanner will be purchased to aid in the compilation and production of educational and promotional material and other related enforcement purposes. It will be compatible with the laptop computers. Preliminary alcohol screening devices will be purchased and utilized the enforcement operations. The devices will not only enhance enforcement efforts by improving initial evaluation of suspected DUI drivers, but will also be used for data gathering to measure various blood alcohol levels for analytical /evaluation purposes. A "pager" surveillance wire and two -watt repeater will be purchased and used to monitor the minor decoys when engaged in sting operations. The ability to covertly monitor these operations provides not only an opportunity from an evidentiary standpoint but also from an officer and decoy safety standpoint. We will purchase one digital camera which will allow us to establish a photographic archive of our operations, take photos for evidence, photograph suspects and take photos for educational and promotional purposes. The digital capability makes reproduction, enhancement, modification and networking with the grant partners easier and more cost effective. Two binoculars will be purchased to aid in surveillance of minor decoy operations and other related enforcement acts. Printing and educational and promotional materials will be purchased to provide support for the project goals and objectives. INDIRECT COSTS NOT APPLICABLE PROGRAM INCOME In order to create a self sustaining program to continue after the grant ends, a special fund for "Administrative Tow Fees" will be established for the purpose of receiving and expending fees collected for the impoundment of a vehicle. The appropriation of all monies in the "special fund" shall be used for the purpose of the `vehicle impound program". The balance remaining in the special fund at the close of any fiscal year shall be carried forward. Fees generated from vehicle impoundments are considered program income and are subject to an OTS audit. Quarterly performance reports will include the current and year-to-date "special fund" balance. OTS-38f (Rev'0/99) MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT April 25,2000 AGENDA ITEM NO. 9 ITEM TITLE Resolution seeking authorization to award contract to Decision Management Company, Inc. for an Imaging and Document Rfttrieval System. PREPARED BY EXPLANATION Bernard Yeo Mike Dalla, C C DEPARTMENT CMO/MIS City Clerk It is long recognized that the existing systems for the management, storage and retrieval of documents and records at City Hall are in need of improvement and upgrading. A solution to the City's Records Management problem is the use of computer -based "optical imaging" technology. It allows for fast document retrieval, preservation of records and documents, and reduction of cost associated with paper -based information storage and management. Fiscal Year 99-00, Council approved a CIP (# 8013) for the implementation of such an Imaging and Document Retrieval System. See attached Environmental Review N/A Financial Statement Funds available in FY99-00 budget under CIP# 8013 STAFF RECOMMENDATION Approved By; Finance Director 630-409-500-598-8013 Account No. Recommend that the contract be awarded to Decision Management Company, Inc. under the California State Master Service Agreement BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS I Listed Below Resolution No. 1. Resolution 2. Contract/Quote A-200 (9 99) RESOLUTION NO. 2000 — 49 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DECISION MANAGEMENT COMPANY, INC. FOR A DOCUMENT IMAGING SYSTEM WHEREAS, the City's existing systems for the management, storage and retrieval of documents and records are in critical need of improvement and upgrading; and WHEREAS, the City has determined that Decision Management Company, Inc. is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Decision Management Company, Inc. for a document imaging system. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 25th day of April, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Council Agenda Statement Item Title: April 18, 2000 Resolution seeking authorization to award contract to Decision Management Company, Inc. for an Imaging and Document Retrieval System. It is long recognized that the existing systems for the management, storage and retrieval of documents and records at City Hall are in need of improvement and upgrading. This Fiscal Year (FY99-00), Council approved a CIP (# 8013) for the implementation of an Imaging and Document Retrieval System. The total value of the CIP is $101,590. This resolution seeks the authorization to award the imaging and document retrieval system contract to Decision Management Company, Inc. The contract covers the application software, user licenses, scanners, installation, training and the first year maintenance support and upgrades. The value of the proposal and contract is approximately $44,701. The initial phase of the imaging and document retrieval system project will involve the City Clerk's Office. Eventually, this technology will be implemented in all City departments, incorporating not only record/document management but also workflow management. The MIS Division and City Clerk's Office have researched and compiled information on various imaging/document solutions, through product demonstration; discussion with vendors; visits and discussion with current users; surveys and reviews of literature, articles and product documentation. Objectives of the imaging/document retrieval system are identified as: 1. Ability to provide rapid on-line access to City information by City Staff 2. Reduction of cost associated with storage and retrieval of paper based information 3. Preservation and protection of vital records and document 4. Expansion capability and ability to suit the City's enterprise requirement Two companies warranted further evaluation after the initial phase of the research. They were Decision Management Company, Inc. (Questys) and Cornpulink Management Center, Inc. (Laserfiche). Both companies were invited to give on -site demonstrations of their product to a committee comprising of representatives from Building & Safety, City Clerk, Planning, Engineering and MIS. Decision Management Company, Inc. (DMC) is the vendor of choice: • Company is the original developer of the application (Questys) • It has a superior OCR (optical character recognition) capability • Application has one of the fastest search capability • Interface is "windows -based" and very user-friendly • Integration capability with the City's windows -based network • Application has enterprise expansion capability and ability • Company offers supports for E-size (engineering drawing) document scanning • Consistent favorable response from existing users and in-house evaluators This resolution seeks to award the Imaging and Document Retrieval System contract to Decision Management Company, Inc. under the California State Master Service Agreement. The value of the proposal and contract is $44,701.54. CONTRACT AGREEMENT This Contract Agreement, hereinafter referred to as "Agreement" made day of , 2000 by and between the City and entered into the , hereinafter referred to as "City" and Decision Management Company, Inc., 23361 Madero, Suite 150, Mission Viejo, CA 92691, hereinafter referred to as "Contractor". RECITALS WHEREAS, the City desires to retain a contractor to provide certain goods and services that are necessary to produce an Electronic Records Management System; and; WHEREAS, the City desires to employ the Contractor to provide goods and services upon the terms and conditions hereinafter set forth; and; WAF,REAS the Contractor desires to provide such goods and services upon said terms and conditions; and; WHEREAS, the City and the Contractor each binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this Agreement. NOW, 1'HLREFORE, in consideration of the mutual covenants and agreements hereinafter contained, it is agreed by and between the parties hereto as follows: SECTION 1 - GENERAL 1.1 Definition of Contractor Contractor shall be defined herein as Decision Management Company, Inc. and the employees of that firm, including principals, full-time employees, contract or otherwise, and all other servants, agents, employees and/or subcontractors retained by the Contractor, to perform its obligations hereunder. 1.2 Key Personnel Prior to the start of any work under this Agreement, the Contractor has submitted to the City detailed resumes of key Contractor personnel that will be involved in providing goods and services described herein. The City hereby acknowledges its acceptance of such personnel. At any time hereafter that the Contractor desires to change the key personnel in an active assignment, it shall submit the qualifications of the new personnel to the City for prior approval. Key personnel involved in providing services described in the assignment are: Vojin Hadzi-Pavlovic, Project Manager Charlene Webber, Primary Liaison Alberto Castro, Technical Issues City shall have the right to request the removal of Contractor key personnel in the event that their performance can reasonably be shown not to meet the City's expected standard of performance or otherwise disrupt the project. 1.3 Standard of Care Contractor, in performing any work defined in Exhibit A hereof or any additional scope, 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. Unless modified in writing by the parties hereto, duties of the Contractor shall not be construed to exceed those goods and services specifically set forth herein. Page 1 SECTION 2 - SCOPE OF WORK, SCHEDULE AND COST 2.1 Work Authorizations Goods and services to be provided by the Contractor shall be authorized in writing as Work Authorizations. Work Authorizations to be provided shall be prepared on the form delineated as Exhibit B - Work Authorization, which is attached hereto and made a part hereof. Each Work Authorization shall include: a detailed description of the work to be performed; a schedule of completion for the work authorized; the total amount to be paid to Contractor for the work performed and the method of compensation. Work Authorizations shall be dated and serially numbered. The Work Authorizations may contain additional instructions or provisions specific to the authorized work for the purpose of expanding upon certain aspects of this Agreement pertinent to the work to be undertaken. Such supplemental instructions or provisions shall not be construed as a modification of this Agreement. 2.2 Defined Scope of Work The Contractor agrees to provide the goods and services described in Exhibit A - Scope of Work which is attached hereto and made a part hereof. Work Authorization No. 1, which is attached hereto as Exhibit C and made a part hereof, authorizes the Contractor to proceed with the software and services defined in Exhibit A. 2.3 Additions to Scope of Work The City and the Contractor agree that there may be certain additional goods and services required to be prow d by the Contractor during the performance of the Assignment that cannot be defined sufficiently at the ti, f execution of this Agreement. Such goods and services shall be authorized in writing as Work Authorizations in accordance with Section 2.1, and shall be undertaken only under terms thereof. 2.4 Reductions in Scope of Work City may independently reduce the Defined Services to be performed by the Contractor under this Agreement. The compensation shall be reduced in accordance with the Scope of Work line items in Exhibit A. If there is not a corresponding line item, then City and Contractor agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. However, the City will be responsible for payment of all hardware, software and services ordered or purchased by Contractor on behalf of the City. 2.5 Implementation Schedule Implementation of goods and services shall be completed in accordance with the schedule provided in Exhibit E - Project Milestone Schedule, which is attached hereto and made a part hereof. 2.6 Schedule Extensions The Contractor and the City agree to make every effort to adhere to the schedule established by this Agreement and the various Work Authorizations associated therewith. In the event the work of the Contractor is delayed due to no fault of the Contractor, which delays the completion of any Work Authorization of the Assignment, the Contractor shall be entitled to an appropriate extension • of the Agreement time for the specific Work Authorization. Page 2 2.7 Work Commencement The Contractor will begin work promptly after receipt of a fully executed copy of this Agreement and related Work Authorizations; such receipt shall constitute written notice to proceed. 2.8 Purchase Price The purchase price for all hardware, operating software, initial license fees for software, and fees for all related services within the Defined Scope of Work is $44,701.54 and is payable as provided in Sections 4.3 and 4.4 of this Agreement. The price includes all initial costs and license fees for software, hardware and related services for the period of one year from final system acceptance by City. The City will incur additional maintenance and support fees after the first year at prices not to exceed those listed in the Technical Support Services Agreement, Exhibit I. 2.9 Unit Billing Rates for Additions to Scope of Work Any and all services provided pursuant to Section 2.3, with the exception of services provided pursuant to Section 2.10, shall be billed at the unit hourly rates shown in Exhibit F or as specifically agreed to by the City and the Contractor in Work Authorizations. 2.10 Unit Billing Rates for Continuing Work The provisions of this Agreement and the various rates of compensation for Contractor's goods and services provided elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Assignment. Contractor's obligation to render goods and services hereunder will extend for a period which may be reasonably required to complete the Assignment. If the goods and services under this Agreement continue for a period of more than one (1) year from the beginning date (as above provided), the rates, measures, and amounts of compensation provided herein shall be subject to the Preferred Rate as defined on Exhibit F, Standard Billing Rates attached hereto and made part hereof. Any change in such fees shall apply only to the unfinished goods and services as of the effective date of such change. SECTION 3 - CONTRACTOR'S RESPONSIBILITIES 3.1 Procurement and Delivery of Third -Party Products All hardware shall be delivered by the Contractor in time to comply with the requirements of the Implementation Schedule, subject to the prevailing lead times for procurement and integration of such products. All expense of delivery of the hardware and software to City shall be borne by the Contractor. 3.2 Condition of Equipment Equipment specified as manufactured by Contractor must be furnished as state -of the -art, new, still in production, reliable, thoroughly tested in field use, and conservatively rated to perform the automated functions required without approaching the design limits of the system. 3.3 Proven Performance Except where specifically agreed to by the City in writing, the type of equipment, features and attachments Contractor furnishes City must be installed and operational in an actual site in the United States, outside the Contractor's related facilities for a minimum of six (6) months. Page 3 3.4 Risk of Loss The Contractor shall bear the risk of loss or damage to the hardware until delivery to the City and installed on its premises. 3.5 Delivery and Installation The Contractor shall deliver, unpack, and uncrate all hardware and software to City sites. Following installation of the hardware, Contractor shall test all hardware in accordance with the manufacturer's standard installation diagnostic procedures, if any. The Contractor shall provide City 's designated representative with at least three days notice of when the hardware installation diagnostic tests and procedures will be performed. The Contractor shall install and configure all hardware and software at City sites in accordance with the Specifications. 3.6 Contractor Certification When the system is delivered, installed, operational and fully tested by the Contractor in accordance with all requirements of the Specifications, then the Contractor shall certify that fact to City in writing. Contractor Certification shall include the Contractor's statement that no mechanic's or other liens are of record upon the hardware for work, any subcontractor, or their employees, and that no claim or demand exists in favor of materials and/or labor furnished or supplied in the performance of the Work. Contractor Certification must be in writing and signed by an officer of the Contractor. 3.7 Proprietary Rights City acknowledges that title to, ownership of and all applicable patents, copyrights and trade secrets in Contractor's Software and all other proprietary information pertaining to the design, engineering and use of hardware are in the various manufacturers of the hardware and shall not pass to City . However, the City will have the right to obtain and use Contractor's software under the terms of the Escrow Agreement attached hereto as Exhibit G and made part hereof. 3.8 Storage of Materials; Cleaning Up. It shall be the Contractor's responsibility for storage of any materials and the City will not be responsible for loss of, or damage to, materials, tools, appliances or work arising from acts of theft, vandalism, malicious mischief or other causes. However, the Contractor will not be responsible for equipment delivered to the City and left on City's premises. The Contractor shall keep the installation site in a clean and orderly condition and shall remove all debris arising from the work daily and upon completion of the installation. 3.9 Reports The Contractor shall submit written monthly reports on the status of the Work so that City is kept fully informed of its progress. City may designate, from time to time, its project director or other representative to whom required reports shall be directed. Page 4 SECTION 4 - CITY'S RESPONSIBILITIES 4.1 Consultation and Cooperation The City shall provide the information, facilities and services described below in a timely fashion at no cost to the Contractor: A. Furnish the Contractor with existing data, records, plans, specifications, reports, fiscal data, and other information that is available in the City's files necessary or useful to the Contractor for the performance of the Assignment. All of such documents conveyed by the City shall be and remain the property of the City. B. Make City personnel available where required and necessary to assist the Contractor. The availability and necessity of said personnel to assist the Contractor shall be determined solely at the discretion of the City. C. Provide access to and make provisions for the Contractor to enter upon public lands and assist the Contractor in gaining access to private lands as required for the Contractor within a reasonable time, to perform surveys, observations, and other work as necessary to complete the Assignment. D. Examine all reports, sketches, drawings, cost proposals, and other documents presented by the Contractor and render decisions, in writing, indicating the City's approval or disapproval within a reasonable time so as not to materially delay the work of the Contractor. E. Transmit instructions, relevant information, and provide interpretation and definition of City policies and decisions with respect to design, equipment and other matters pertinent to the work covered by this Agreement. F. Give prompt written notice to the Contractor whenever the City observes, or otherwiseVecomes aware of any development that affects the scope or timing of the Contractor's goods and services, or become aware of any issue or changes necessary to the work of the Contractor. G. Following the Contractor's preparation of any necessary applications to governmental bodies, to arrange for submission of such applications. H. Furnish approvals and permits from all governmental authorities having jurisdiction and such approvals and consents from others as may be necessary for completion of the Assignment not covered under the Assignment. 4.2 Site Preparation City shall prepare at its own expense its installation site(s) in accordance with the requirements of the Contractor's Proposal. With these requirements, Contractor represents that the minimum and maximum electrical requirements set forth in the proposal, as well as all other permitted ranges of environmental variations are satisfactory for operation of the system. 4.3 Compensation Upon receipt of a properly prepared billing from Contractor submitted to the City periodically as indicated in Work Authorization included herewith as Exhibit C and other Work Authorizations, if any, but in no event more frequently than monthly, City shall compensate Contractor for all goods and services rendered by Contractor pursuant to the terms and conditions of thisAgreement. All billings submitted by Contractor shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the reference number indicated on Exhibit B. Page 5 4.4 Invoice Processing Invoices received by the City will be processed for payment within fifteen (15) days of receipt by the City. 1 ne Contractor will be notified of any questionable items contained in invoices submitted by the Contractor within five (5) days of receipt by the City with an explanation of the deficiencies. The City will make every effort to resolve all questionable items contained in the Contractor's invoices within fifteen (15) days of receipt of the invoices by the City. At the end of the fifteen (15) day period, the City shall pay the Contractor the invoice amount less any unresolved questionable items. Payments are to be forwarded directly to the following address: Decision Management Company, Inc. 23361 Madero, Suite 150 Mission Viejo, CA 92691 The City agrees that unpaid monthly invoices less any unresolved questionable items shall accrue interest based on the rate of eight percent (8%) per annum, after they have been outstanding/unpaid for thirty (30) days after date of invoice. If the Contractor employs legal goods and services to collect overdue amounts, the City agrees to pay all costs of collection, including reasonable attorney's fees, whether action be brought or not. 4.5 Account Delinquency In the event of account delinquency either full or in part, the City accepts Contractor's right to suspend work and to withhold goods and services and deliverables until delinquency is remedied to the satisfaction of the Contractor. 4.6 Payment in Case of Agreement Termination or Suspension hi the event this Agreement or any Work Authorization associated therewith is terminated or canceled prior to completion, payment shall be made in accordance with the provisions of Section 7.3. 4.7 Additional Compensation for City -caused Delays Additional compensation to the Contractor will be as mutually agreed to by the City and the Contractor in the event of delays directed by the City. 4.8 Additional Compensation for Change in Scope of the Agreement If instructed to do so by the City, the Contractor shall change or revise work that has been performed, and if such work is not required as a result of error, omission or negligence of the Contractor, the Contractor may be entitled to additional compensation. The additional compensation shall berequested by the Contractor on a revised fee quotation proposal which must be submitted to the City for prior approval. The additional compensation, if any, shall be agreed upon before commencement of any such additional work and shall be incorporated into the Assignment by a formal Work Authorization. Page 6 SECTION 5 - WARRANTIES 5.1 Contractor Commitments, Warranties and Representations Any written commitment by the Contractor within the scope of this Agreement including all Exhibits shall be binding upon the Contractor. Failure of the Contractor to fulfill any such commitment shall render the Contractor liable for damages. Such written commitments include the following: a) any warranty or representation made by the Contractor in the Proposal as to equipment or software performance, total system performance, or other physical or functioning characteristics of a machine or software system; b) any warranty or representation made by the Contractor concerning the characteristics of the items described in a) above, made in any publications, drawings, or specifications accompanying or referred to in the Proposal; and c) any written notification of or affirmation or representation as to the above which is made by the Contractor in or during the course of negotiations and which is incorporated into a formal amendment to the Proposal. City acknowledges that equipment and software comprising the system includes components manufactured by several reputable third -party suppliers, and that representations made by Contractor are based on representations of third -party suppliers. Because some of these representations are difficult or impractical to ascertain through independent testing or other means, the City agrees that Contractor will not be liable for any commitments based upon representation of others. 5.2 Maintenance Contractor agrees to provide all labor and support necessary to keep the System in good operating condition in accordance with the provisions contained in this Agreement's Exhibits for a period of one year from the date of the City's final acceptance of the system at the base price. After one year, software maintenance will be provided in accordance with the Software Upgrade Agreement, Exhibit J, attached hereto and made part hereof. Software maintenance shall include all modifications made by the Contractor including upgrades, revisions, and new releases at no additional costs above those defined in the Software Upgrade Agreement. 5.3 Single Call Problem Resolution The System Administrator(s) or designated alternate may contact the Contractor's Support Center to ask questions, seek advice, or obtain diagnostic analysis relating to the use of the system. Trained and competent Contractor Support Center personnel shall answer inquiries and assist the System Administrator(s) or designated alternate in utilizing the System, provide advice, analyze problems, provide workarounds, if and where possible, and correct or remedy any problems encountered with the System. Contractor will open a trouble ticket with the Contractor Support Center immediately upon contact from the System Administrator(s) and will coordinate any problem referral. 5.4 Continuing Standards of Performance The Contractor agrees that subsequent to completion of the successful performance period and acceptance of the System by City, the availability, performance requirements and criteria established in this section, and further referenced in the Exhibits will be met throughout the full term of the agreement. Page 7 a) Response Time Response time is defined as the interval that elapses from the moment the user presses the "enter" key to the moment the last character of the computer's reply is received and control is handed back to the user. The City expects the system to meet the following response time requirements to accommodate planned growth. Excepted Response Times are as follows: i) Keyboard Release Time 2 Seconds ii) Transaction Response 2 Seconds The aforementioned response times are applicable for a full text search for a unique record with the search specification limited to five words performed on workstations running Questys Text & Image Management System, and with all other Windows applications closed. b) Remedies for Failure to Perform In the event Contractor breaches a warranty or fails to perform within the requirements and criteria established in point (a) and further referenced in the Exhibits, City shall be entitled to a credit adjustment equal to a portion of the then current monthly charge for products and services under this Agreement. Calculation of the credit adjustment shall be as follows: (i) Class 1 Hardware and Software Problem: One percent (1%) of the monthly charge for software upgrade for each twenty-four (24) hour period. (Class 1 problems shall be any failure which prevents the System from operating or impedes the delivery of critical functions). aft/ (ii) Class 2 Hardware and Software Problem: One-half percent (0.5%) of thilinonthly charge for ire upgrade for each twenty-four (24) hour period. (Class 2 problems shall be any failure which prevents other functions from operating, other than class 1 problems; failure of the system to perform to the maximum response time standards established in Section 5.4.a. or an effectiveness level of less than 98% for any thirty (30) day period.) Class 1 and 2 problems include only the problems caused by DMC's software products. c) Remedies for False Problems In the event DMC determines that class 1 or 2 problems alleged by the City were not caused by DMC software products but by improper use of the system, operator's errors or other causes, DMC shall be entitled to a credit adjustment equal to the number of workhours spent on diagnosing and correcting the problem times DMC's standard billing rates. 5.5 Need for Equipment Due to Emergency The Contractor shall make every reasonable effort to assist City in procuring use of equipment compatible with that provided under this Agreement to meet emergencies such a major breakdown or unforeseen peak loads. 5.6 Documentation Contractor shall provide current, accurate hardware and software documentation for the system. Page 8 5.7 Enhancements Enhancements, modifications, upgrades, and revisions to the DMC-manufactured software provided under this Agreement will be provided as part of Warranty and Maintenance Services under this Agreement, provided however that the City maintains a valid Software Upgrade Agreement. The term "enhancements" refers to all maintenance modifications and major upgrades, new releases, and "fixes" released relating to operating systems and applications software. Updated documentation shall be made available before enhancements are loaded. The only extra cost for software will be the expansion of the licenses for additional users and for third -party software products which are or may be integrated with DMC-manufactured software. 5.8 Price of Maintenance Services The Contractor agrees to provide the maintenance services as defined in this contract for as long as the system is installed and after the initial maintenance period as defined in Section 5.2. Software maintenance after the first year is provided under the terms of the Technical Support Services Agreement, Exhibit I, and the Software Upgrade Agreement, Exhibit J. Hardware maintenance (labor only) will be provided for DMC supplied hardware for an annual fee equal to 12% of the cost of hardware. 5.9 Connection to Other Equipment City shall have the right to connect the equipment herein contracted for, to any equipment manufactured or supplied by others including telecommunications equipment, terminal devices and the like. City shall notify Contractor at least ten days prior to any such connection. If both parties shall deem it necessary for proper maintenance of equipment, the Contractor shall make or supervise the interconnection, at City's expense, and supply any interface devices required as described in published Contractor manuals at published prices, less any governmental discount. SECTION 6 - SYSTEM ACCEPTANCE 6.1 Functional Acceptance Within FIVE (5) business days of Contractor's giving of Contractor Certification, City shall run the functional and benchmark tests City deems necessary to determine that the functions of the system match the requirements of this Agreement. City 's determination that the System operation and functionality substantially matches the requirements shall be deemed Functional Acceptance of the System. Functional Acceptance shall not prejudice City's right to accept or reject the System under Section 6.2 of this Agreement. 6.2 Final System Acceptance Immediately upon completing Functional Acceptance, City shall begin the process to accept or reject the System by operating the system in accordance with its normal operating practices over a 25 business day period to determine if the System meets the requirements and the reliability standards set forth in this Agreement. City's acceptance, conditional acceptance or rejection shall be by written notice given within five (5) business days of the Final Acceptance being completed and, if a conditional acceptance or rejection is made, City 's notice shall set forth in reasonable detail the basis for its position. The Contractor shall have ten (10) business days to cure, or if cure within that time is not possible, to begin and diligently pursue the cure of the defects noted by City by either (a) modifying or adjusting the system to meet the requirements, (b) replacing or adding such components as may be necessary to make the system meet the requirements; or, at Page 9 the option of City, reducing the price by an amount to be mutually agreed. If no resolution can be agreed to within five (5) days after the City requested renegotiation, then the Contractor shall perform under either z (a) or (b) above. After any adjustment, modification, repair or replacement by the Contractor under the Section, any relevant portions of the tests described in the Section 6.1 shall be run again for City to determine its acceptance or rejection of the System. If after again running any relevant portion of the tests described herein the system still fails to meet the specifications, then City shall have the right to cancel this Agreement and obtain a full refund for software. 6.3 Reliability Standards If the System does not perform within the response time frames and reliability standards defined in Section 5.4.b., the City shall have the option of either requesting a renegotiation of the agreement price or canceling the agreement and requiring a full refund of all amounts paid under the agreement for software. SECTION 7 - GENERAL TERMS AND CONDITIONS 7.1 Independent Contractor The Contractor is acting as an independent and not as an agent, distributor or representative of the City for any purpose. 7.2 Assignment Neither party shall have the right to assign all or any portion of its rights and licenses granted or delegl ry obligations assumed under this Agreement, and any attempted assignment or delegation shall be null and void; provided, however, the Contractor shall have the right to delegate matters to such subcontractors as are approved by City. 7.3 Termination This Agreement will terminate or may be terminated by City for any or all of the following reasons: (i) For any default by Contractor, (ii) For the convenience of City, (iii) In the event of the insolvency of, or declaration of bankruptcy by, the Contractor, or (iv) In the event sufficient appropriated, otherwise unobligated funds no longer exist for the payment of City's future obligations hereunder, as each of these is described in the following subsections. 1 Termination for Default The failure of the Contractor to comply substantially with any material term, condition, or provision of this Agreement shall constitute a default. In the event of default, City shall notify the Contractor of the specific act or omission by Contractor which constitutes default. The Contractor shall have ten (10) business days from the date of receipt of such notification to cure such default or, if such default is not capable of being cured within ten (10) business days, to begin and diligently pursue such cure. In the event of default, and during the above specified grace period, performance under this Agreement shall continue as though the default had never occurred. In the event the default is not cured within th, we specified grace period, then City may, at its sole option, terminate this Agreement for default. much termination shall be accomplished by written notice of termination and shall be effective at the close of business on the date specified in the notice. Page 10 2 Termination for Convenience City may terminate performance of work under the agreement in whole or in part whenever for any reason City shall determine that such termination is in the best interest of City. In the event that City elects to terminate the agreement pursuant to this provision, it shall so notify the Contractor and the termination shall be effective as of the date specified in the notice. The agreement shall terminate without further obligation of City as of that moment, except the Contractor shall be paid for all work performed to the effective date of termination. 3 Termination for Bankruptcy or Insolvency In the event that the Contractor shall cease conducting business in the normal course, become insolvent, make a general assignment for the benefit of creditors, suffer or permit the appointment of a receiver for its business or its assets or shall avail itself of, or become subject to, any proceeding under the Federal Bankruptcy Act or any other statute of any state relating to insolvency or the protection of the rights of creditors, City will have access to the source code in accordance with provisions of the Escrow Agreement included in Exhibit G hereto arid made part hereof. City may, at its option, terminate this Agreement. In the event City elects to terminate this Agreement under this provision, it shall do so by sending notice of termination to the Contractor and the date of termination shall be deemed to be the date such notice is mailed to the Contractor, unless otherwise specified. 4 Termination for Unavailability of Funds Notwithstanding any other provision of this Agreement, the parties hereto agree that the charges hereunder are payable by City solely from funds received by City from normal operations. In the event such funds are determined in the sole 'discretion of the City Council to no longer exist or to be insufficient with respect to the charges payable hereunder, this Agreement shall terminnalte without further obligation of City as of that moment, except the Contractor shall be paid for all Work performed to the effective date of termination. In such event, the City Council shall certify to the Contractor the occurrence thereof, and such certification shall be conclusive. 5 Procedure on Termination Upon termination of this Agreement by the City as provided by in 7.3-1, the Contractor shall: (i) Stop work under the agreement ` on the date and to the extent specified in the notice of termination, (ii) Place no further orders or subcontract for materials, services or facilities, except as may be necessary for completion of such portion of the work under the agreement as is not terminated, (iii) Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notice of termination, (iv) Assign to City in the manner and to the extent directed by the City all of the Contractor's right, title, and interest under the orders or subcontracts so terminated, in which case City shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts, (v) With the approval of City, settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, the cost of which would be reimbursable in whole or in part, in accordance with the provisions of the agreement, (vi) Take such action as may be necessary, or as City may direct, for the protection and preservation of any and all property or information related to the agreement which is in the possession of the Contractor and in which City has or may acquire an interest, and Page 11 (vii) Within ten (10) business days from the effective date of the termination, the Contractor shaP deliver to City all drawings, computer programs, computer input and output, analyses, plan_ tests, maps, and written materials necessary to the continued performance of the System as specified by City. All materials shall be licensed by the Contractor to City under the terms of the End -User License Agreement, Exhibit H, attached hereto and made part herreof. 6 Payment on Termination for Convenience If this Agreement is terminated for the convenience of City under the provisions of subsection 7.3: 2 of this Agreement, then the City shall pay the Contractor for services rendered by the Contractor and goods ordered up to the date of termination as mutually agreed upon by the Contractor and City. 7.4 Laws to be Observed The Contractor shall perform the work in compliance with all federal and state laws and local ordinances which in any manner affect those engaged or employed in the work or the conduct of the work. 7.5 Permits and Licenses Except with respect to permits, licenses, fees and notices imposed or required by City's site preparation to be completed by City as required by this Agreement, the Contractor shall procure all permits and licenses, pay all charges and fees and give all notices necessary and incidental to the due and lawful prosecution of the Work. 7.6 Taxes, Insurance and Miscellaneous Expenses All statements of prices, fees and charges payable to the Contractor are net to City, including sales tax, deliver, transit insurance and other expenses of delivery. 7.7 Limitation of Liability. 1 Force Majeure Neither party shall be responsible for delays resulting from causes beyond the control of the party including, but not limited to, delays resulting from governmental action, inability to obtain services, power failures, acts of God and the failure of any product or service not manufactured or provided by the party. 2 No Third Party Beneficiaries This Agreement is not intended to create any right in or for the public, or any member of the public, any subcontractor, supplier or any other third party, or to authorize anyone not a party to this Agreement to maintain a suit to enforce or take advantage of its terms. The duties, obligations and responsibilities of the parties to this Agreement with respect to third parties shall remain as imposed by law. 3 City Responsibility The equipment shall be under City's exclusive management and control. The City agrees that the Contractor shall not be liable for any damages caused by the City's failure to fulfill any City responsibilities of assuring the proper use, management, and supervision of the machines and programs, audit controls, operating methods, and office procedures, and for establishing all proper checkpoints necessary for the City's intended use of the machines. 4 Consequential Damages In no event will either the Contractor or the City be liable for consequential damages even if notification has been given as to the possibility of such damages. Page 12 7.8 Conflict of Interest The Contractor hereby certifies that no officer, agent or employee of City who may have a pecuniary interest in this Agreement has participated in the contract negotiations on the part of City, that the Proposal was submitted in good faith without fraud, collusion or connection of any kind with any other service provider for the same call for proposals and the Contractor has competed solely in its own behalf without obligation to any undisclosed person or firm. 7.9 Notices Notices shall be in writing and deemed given when personally delivered or when deposited in the United States mail, first class postage prepaid, return receipt requested, addressed to the person to whom notice is given at the addresses set forth below or at any other address designated by notice by a party: If to the City: If to Contractor: Voj in Had7i-Pavlovic, President Decision Management Company, Inc. 23361 Madero, Suite 150 Mission Viejo, CA 92691 Telephone: (949) 855-6885 Fax: (949) 458-6004 7.11 Insurance The Contractor shall file with the City, a certificate of insurance, in companies acceptable to the City, with a Best's Rating of no less than A: VII showing (or better) and showing the City of National City as an additional insured. 1 Workers' Compensation Insurance Workers' Compensation Insurance shall be provided as required by any applicable law or regulation. Employers liability insurance shall be provided in amounts not less than $500,000 each accident for bodily injury by accident, $500,000 policy limit for bodily injury by disease, and $500,000 each employee for bodily injury by disease. Each Workers' Compensation policy shall be endorsed with the following specific language: (i) Cancellation Notice. This policy shall not be canceled or materially changed without first giving thirty (30) days' prior written notice to the City. (ii) Waiver of subrogation. The insurance company agrees to waive all rights of subrogation against the City, its officers, agents, employees, or volunteers, for losses paid under the terms of this policy which arise from work performed by the named insured for the City. 2 General Liability Insurance. (i) Comprehensive General Liability or Commercial General Liability Insurance covering all operations by or on behalf of Contractor, providing insurance for bodily injury and property damage liability for the limits of liability in the amount of $1,000,000 each occurrence, $1,000,000 in the aggregate in one of the following forms: 1) Comprehensive General Liability, 2) Commercial General Liability (Occurrence), or 3) Commercial General Liability (Claims Made). Page 13 (ii) Provider shall not provide a Commercial General Liability (Claims Made) policy without -the express prior written consent of City, which consent, if given, shall be subject to the folk g conditions: The insurance coverage provided by Contractor shall contain language providing coverage up to five years following the completion of the contract in order to provide insurance coverage for the hold harmless provisions herein if the policy is a claims made policy. (iii) Endorsements. Each comprehensive or Commercial General Liability policy shall be endorsed with the following specific language: A. The City, its officers, agents, employees, and volunteers are to be covered as insured for all liability arising out of the operations by or on behalf of the named insured in the performance of this Agreement. B. The insurance provided is primary coverage to the City with respect to any insurance or self insurance programs maintained by the City, and no insurance held or owned by the City shall be called upon to contribute to a loss. C. This policy shall not be canceled or materially changed without first giving thirty (30) days' prior written notice to the City. 3 Automobile Insurance Automobile Liability Insurance covering bodily injury and property damage in an amount no less than $1,000,000 combined single limit for each occurrence. 7.12 Miscellaneous Provisions. rc x 1 Modifications This Agreement may be modified only in writing and by the mutual agreement by both parties signed by their respective representatives. 2 Waiver No term or condition of this Agreement shall be deemed to have been waived, nor shall there be an estoppel against the enforcement of any provision, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived. 3 Headings The headings of parts, sections and subsections used in this Agreement are included solely for convenience of reference and shall not control the meaning or interpretation of any of the provisions of the agreement. 4 Number and Gender Whenever applicable within this Agreement, the singular shall include the plural and the plural shall include the singular and a pronoun of one gender shall refer to any appropriate gender. 5 Severability rki 5. Unless expressly provided otherwise, the provisions of this Agreement are severable, anu the unenforceability of any provision shall not affect the enforceability of any other provision of this Agreement. Page 14 6 Inurements The terms of this Agreement shall inure to the benefit of the parties, including their successors and permissible assigns, if any. 7 Counterparts This Agreement may be executed simultaneously or concurrently in one or more counterparts, each of which shall be deemed a duplicate original but all of which together shall constitute one and the same agreement. 8 Entire Agreement The making, execution and delivery of this Agreement has been induced by no representations, statements, warranties or other agreements except as expressed by the written terms of this Agreement. The City acknowledges that no employee, agent or representative of the Contractor has the authority to bind the Contractor to any representation not expressly contained in a written agreement signed by an executive officer of the Contractor. This Agreement embodies the entire understanding of the parties and supersedes all prior or contemporaneous proposals, purchase orders, understandings, representations, conditions, warranties, covenants and other telecommunications between the parties, whether oral or written, relating to the subject of the agreement unless expressly set forth or referred to in the agreement. The parties agree that this Agreement may not in any way be contradicted by a prior or existing course of dealing between them or by any usage of trade or custom. 9 Indemnification The Contractor shall indemnify and hold harmless the City and their elected officials, employees and volunteers from and against all claims, losses and expenses, including legal costs, arising out of our resulting from, the performance of this contract, provided that any such claims, damage, loss or expenses is attributed to bodily injury, sickness, disease, personal injury or death, or to injury to or destruction of tangible property including the loss or loss of use resulting there from and is caused in whole or in part by any negligent act or omission of the Contractor. As used above, the term City or City means City, or its officers, agents, employees, or volunteers. 10 Safety/Environment The Contractor is responsible at all times for precautions to achieve the protect of all persons including employees and property. The Contractor shall make special effort to detect hazardous conditions and shall take prompt action where necessary to avoid accident, injury or property damage. EPA, DEP, OSHA, and all other application safety laws and ordinances shall be followed as well as American National Standards Institute Safety Standards. All spills, accidents, injuries or claims or potential claims shall be reported promptly to the City Risk Management Department. Page 15 11 Contractor's Power and Authority The Contractor warrants that it has full power and authority to grant the rights herein granted and will nold City hereunder harmless from and against any loss, cost, liability, and expense (including reasonable attorney fees) arising out of any breach of this warranty. Further, Contractor agrees that it will not enter into any arrangement with any third party which might abridge any rights of City under this Agreement. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement to become effective on the day and year first written above. i(- dzi-Pavlovic, President ision Management Company, Inc. Approved as to form and legality City Attorney Page 16 Exhibit A Scope of Work No. Item Description Unit Cost Qty Total Cost 1 NT Server By Client 1 each $0.00 2 Scanning workstation By Client 2 each $0.00 3 Fujitsu #M3097DG scanner with Image Processing Controller $4,675.00 2 each $9,350.00 4 Ten-X Optical Disk Drive with OCU for archive back-up $4,250.00 1 each $4,250.00 5 Optical Disks for Archive back-up $120.00 5 each $600.00 6 TOTAL HARDWARE $14,200.00 7 Questys Server License $9,995.00 1 each $9,995.00 8 Questys Scan Station License $1,995.00 2 each $3,990.00 9 Questys Retrieval License (Concurrent) $695.00 5 each $3,475.00 10 State of California discount on items 7, 8 and 9 Lot ($6,111.00) 11 Windows NT Server (5 users) — Purchased by Client with NT server Included 1 each Included 12 MS SQL Server (5 users) $1,495.00 1 each $1,495.00 13 Windows 98 — Purchased by Client with workstations Included 2 each Included 14 PCAnywhere for remote diagnostics $150.00 1 each $150.00 15 Backup software — Purchased by Client with NT server Included 1 each Included 16 TOTAL SOFTWARE $12,994.00 17 In -depot integration and testing $6,000.00 1 lot. $6,000.00 18 On -site installation, testing & technical training $1,000.00 3 days $3,000.00 19 User training $800.00 3 days $2,400.00 20 Estimated shipping and travel expenses (to be billed at cost) $1,000.00 21 First Year Hardware Diagnostics and Software Maintenance/Upgrades $3,000.00 1 lot $3,000.00 22 TOTAL SERVICES AND EXPENSES $15,400.00 23 California sales tax (7.75%) on hardware and software $2,107.54 24 TOTAL ONE TIME COST $44,701.54 DMC requests that the scanning workstations being supplied by the City be shipped to DMC facilities for in-house integration. In addition, if the City supplied server is a dedicated imaging server, DMC requests that it be shipped to DMC facilities for integration. Page 17 Exhibit B Example Work Authorization Scope of Work and Deliverables Project Schedule Payment Schedule Milestone Amount Percent of Work Authorization Bit_ ,.t Issue of this Work Authorization Twenty five percent (25%) Installation of Equipment and Software Fifty percent (50%) Completion of Training Fifteen percent (15%) System Acceptance Ten percent (10%) Line Item Description Amount Remarks Total Project Budget Total Budget Authorized to Date Total Amount of this Work Authorization Current Authorized Contract Budget Per the terms, conditions and specifications of the Agreement by an between the City of and Decision Management Company, Inc., for an Electronic Records Management System, dated , the work, schedule and expenditures specified herein are authorized by City and accepted by Contractor. Authorized by Signature Accepted by: Vojin Hadzi-Pavlovic, President Signature Date Date Page 18 Exhibit C Work Authorization #1 Scope of Work and Deliverables Provide software and services defined in Exhibit A hereof. Project Schedule To commence upon receipt of signed contract and Work Authorization. Completion estimated within six weeks after receipt. Payment Schedule Milestone Amount Percent of Work Authorization Budget Issue of this Work Authorization $11,175.39 Twenty-five percent (25%) Installation of Equipment and Software $22,350.77 Fifty percent (50%) Completion of Training $6,705.23 Fifteen percent (15%) System Acceptance $4,470.15 Ten percent (10%) Line Item Description Amount Remarks Total Project Budget $44,701.54 Total Budget Authorized to Date Total Amount of this Work Authorization Current Authorized Contract Budget Per the terms, conditions and specifications of the Agreement and Decision Management Company, Inc., for an , the work, schedule and expenditures by an between the City of National City Electronic Records Management System, dated specified herein are authorized by City and accepted by Contractor. Authorized by Accepted by: Vojin Hadzi-Pavlovic, President Signature Signature 3/2o/aooJ Date to Page 19 Exhibit D Work Authorization #2 Scope of Work and Deliverables Project Schedule Payment Schedule Milestone Amount Percent of Work Authorization Budget Issue of this Work Authorization Twenty five percent (25%) Installation of Equipment and Software Fifty percent 50%) Completion of Training Fifteen percent (15%) System Acceptance Ten percent (10%) Line Item Description Amount Remarks Total Project Budget Total Budget Authorized to Date Total Amount of this Work Authorization Current Authorized Contract Budget Per the terms, conditions and specifications of the Agreement and Decision Management Company, Inc., for an , the work, schedule and expenditures by an between the City of National City Electronic Records Management System, dated specified herein are authorized by City and accepted by Contractor. Authorized by Accepted by: Vojin Hadzi-Pavlovic, President Signature Signature Date Date Page 20 Exhibit E Project Schedule ACTIVITY DESCRIPTION W1 Authorization to proceed 1 Procure and integrate components 2 Integrate Software — Ship system 3 Install and test the system W3 Phase 1 of project completed 4 Train County personnel 5 Start-up and operate the system W4 System Acceptance Letter issued 6 Provide technical support 1 WEEKS FROM START 2 3 4 I, 3 5 6 Page 21 Exhibit F Standard Billing Rates Position Standard Rate Preferred Rate Principal Consultant $175.00 $140.00 Principal Senior Analyst $150.00 $120.00 Project Director $175.00 $140.00 Senior Consultant $135.00 $108.00 Senior Programmer $125.00 $100.00 Staff Consultant/Prog. $100.00 $80.00 Technical Specialist $90.00 $72.00 Training Specialist $100.00 $80.00 Note: Travel time is billed at 50% of standard rates. Travel and Business Expenses Position Hourly Rate Transportation Per -diem Lodging Other expenses At cost $40.00 / day At cost As authorized by Clien Page 22 Exhibit G ESCROW AGREEMENT FOR THE BENEFIT OF CLIENTS OF DECISION MANAGEMENT COMPANY, INC. Decision Management Company.. Incorporated, having its principal place of business at 23361 Madero, Suite 150, Mission Viejo, CA 92691, hereinafter referred to as "DMC, INC." AND Tom Apke. Attorney at Law ("AGENT"), DMC, INC. corporate attorney, with offices at 29156 Mira Vista, Laguna Niguel, CA 92677. NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, it is agreed between the parties hereto as follows: WITNESSETH: 1. The purpose of the within Agreement is to provide the fundamental assurance to any and all organizations that have purchased software systems manufactured by DMC, INC., hereinafter referred to as "CLIENT" or "CLIENTS", of the long term viability of these software systems in the event that DMC, INC. is unable or unwilling to give future support to said system. The Agreement is valid when: a. A CLIENT is covered by a technical support agreement and full consideration has been paid therefore by CLIENT to DMC, INC., and b. A CLIENT requests support services from DMC via a purchase order. 2. The AGENT will regard as CLIENT of DMC, INC. any and all organizations and individuals who produce an Affidavit of Purchase hereinafter referred to as "AFFIDAVIT" signed by an officer of DMC, Inc. and sealed by DMC, INC. Corporate seal, and whose name is shown on such AFFIDAVIT. A sample AFFIDAVIT is attached hereto and a sample seal is affixed to right margin of this paragraph 2. DMC will endeavor to provide an updated lists of clients to AGENT at least quarterly. 3. There is hereby lodged with AGENT, DMC, Inc.'s tapes or diskettes, supporting documentation, including source language programs, data base schema and related proprietary information (hereinafter referred to as RETAINED MATERIAL) sufficient to insure on -going maintenance and repairs of DMC, INC. supplied software. DMC will demonstrate that RETAINED MATERIAL can be compiled into executable code and used as described in supporting documentation. RETAINED MATERIAL will then be placed in a sealed envelope or a sealed container and provided to AGENT. RETAINED MATERIAL shall remain sealed and may be opened and used by CLIENT only under the terms and conditions hereof. 4. DMC, INC. covenants to regularly update RETAINED MATERIAL so that they will contain the latest released information (on a yearly basis, and when a major release to the Source Codes are implemented) relating to system program documentation. 5. CLIENT acknowledges that the development of RETAINED MATERIAL has resulted in a large expense and effort on the part of DMC, INC., and that unauthorized release of this information, in whole or in part, or in any manner whatsoever, to any party would cause great financial harm to DMC, INC. CLIENT covenants to take any and all measures necessary to prevent unauthorized release or use of RETAINED MATERIAL. 6. If CLIENT becomes of the opinion that DMC, INC.; is unable or unwilling to maintain RETAINED MATERIAL purchased by CLIENT, for any reason whatsoever, CLIENT shall give 30 days written notice of such fact to DMC, INC. This notice, as well as any other notice given by CLIENT to DMC, INC. or by DMC, INC. to CLIENT will be deemed given when received by addressee via certified or registered mail, return receipt requested, or via private courier service, such as Federal Express or UPS. In the event that any such notice is returned undeliverable because DMC, INC. or CLIENT has moved and left no forwarding address, the notice shall be deemed as if it were delivered. 7. Upon receipt of the written notice, DMC, INC. shall have thirty (30) days to present, in writing, its objections to CLIENT, or to remedy problems alleged by CLIENT and inform CLIENT that it has remedied them successfully. 8. If DMC, INC. cannot be contacted, does not respond to the notice as provided in Article 6, or if CLIENT is of the opinion that the problem has not been not successfully resolved or that DMC, INC. has been unresponsive, CLIENT shall;give a fifteen (15) day written notice to DMC, INC. and the AGENT stating its intent to apply to AGENT for the release of RETAINED MATERIAL. 9. DMC, INC. will have the right to disagree with CLIENT concerning the existence of problems, the adequacy of the resolution, or both. In case of such a disagreement, DMC, INC. will state its position to CLIENT and AGENT in writing, and the matter will either be resolved in a meeting among the parties hereof, or brought for resolution before the American Arbitration Association. 10. CLIENT will have the right to apply to AGENT for the release of RETAINED MATERIAL oii y if (i) DMC, INC. fails to notify CLIENT as provided in Article 7 and 9 hereof, or (ii) as determined by the Arbitrator or (iii) if DMC, INC. is in Chapter 7 Bankruptcy, or is out of business. 11. Upon AGENT'S receipt of a request complying with Article 10 for release of RETAINED MATERIALS and upon passage of 30 days following notice to DMC, INC. and to CLIENT it shall be the duty of AGENT to release a copy of said RETAINED MATERIAL subject to the restrictions, requirements and limitations set forth herein, obtaining from CLIENT a receipt in a form provided by DMC, INC. containing an acknowledgment by CLIENT of its potential liability for disclosure or actions in violation of the Agreement. 12. It is hereby acknowledged by CLIENT that all materials released under this Agreement shall continue to be protected under the existing License Agreement in perpetuity and are for exclusive use by CLIENT, and shall not be divulged to any other party or utilized for any other purpose whatsoever. CLIENT further covenants to cause any and all individuals that will be given access to RETAINED MATERIAL to agree in writing to accept and uphold all provisions of this Article. 13. The current version of the specific system programs and documentation shall be released only to CLIENTS that have executed License Agreements, and produced AFFIDAVIT to the AGENT. 14. DMC, INC. shall defend, indemnify and hold AGENT harmless against any and all claims (except criminal charges) arising directly or indirectly from, as a result of, or in connection wi pis Agreement, and shall pay all costs (including, without limitation, attorneys' and accountants lees) incurred by AGENT in defending against them, promptly upon AGENT'S request therefor. 15. CLIENT covenants not to sue AGENT for damages it suffers which arise directly or indirectly from, as a result of, or in connection with this Agreement, unless Escrow Agent is legally at fault. 16. All notices required or permitted hereunder shall be directed to the person(s) and addressed as set forth where executed on behalf of the partners or at such other address as may be provided to all parties in the manner provided for notices hereunder. 17. This Agreement takes effect upon its acceptance and execution by DMC, INC. and shall be interpreted and construed under the laws of the State of California, which laws shall prevail in the event of any conflict of law. IN WITNESS WHEREOF, we have hereto set our hands and seals on the I 44 day of , 1999. S jin Hadzi-Pavlovic, President Decision Management Company, Inc. 23361 Madero, Suite 150 Mission Viejo, California 92691-2715 Tom Apke, Attorneyat Law 29156 Mira Vista Laguna Niguel, CA 92677 AFFIDAVIT OF PURCHASE This Affidavit certifies that with the principal place of business at , hereinafter referred to as "CLIENT", has purchased and fully paid for Decision Management Company, Inc. products, and that said products are subject to the provisions of a document entitled "ESCROW AGREEMENT FOR THE BENEFIT OF CLIENTS OF DECISION MANAGEMENT COMPANY, INC.". Client has been informed that the Escrow Agent is the corporate attorney for DMC, Inc. and hereby consents that said attorney acts as Escrow Agent. DMC further certifies that CLIENT is entitled to any and all benefits under said ESCROW AGREEMENT under the terms and conditions of ESCROW AGREEMENT. For Decision Management Company, Inc. �,3ov Hadzi-Pavlovic, President Date For CLIENT Title: Date Page 26 Exhibit H END -USER LICENSE AGREEMENT AND LIMITED WARRANTY This legal document is an Agreement between End -User and DMC (both as identified below). 1. Grant of License. In consideration of payment of the License fee to DMC, DMC grants the End -User, a nonexclusive right (the "License") to use a copy of the DMC PROPRIETARY SOFTWARE together with documentation provided by DMC to End -Users only on, (or, in the case of documentation, with) the Hardware delivered therewith. DMC reserves all rights not expressly granted herein to End -User. 2. Ownership of DMC PROPRIETARY SOFTWARE. DMC retains the title and ownership of all proprietary rights with respect to the DMC PROPRIETARY SOFTWARE and all copies thereof, regardless of the form or media in which the original and other copies may exist. This License is not a sale of the DMC PROPRIETARY SOFTWARE or any copy of it. 3. Restriction. This DMC PROPRIETARY SOFTWARE and the accompanying Documentation are copyrighted. Copying of the DMC PROPRIETARY SOFTWARE, including DMC PROPRIETARY SOFTWARE that has been modified, merged, or included with other software is expressly forbidden. End -User may make up to two copies of the DMC PROPRIETARY SOFTWARE solely for backup purposes. End -User must reproduce and include the copyright notice and any other notices on the backup copies and any media therefore. End -User shall not (i) attempt to construct or discover any source code of the DMC PROPRIETARY SOFTWARE by any means whatever; (ii) remove any product identification, copyright or other notices, (iii) lease, lend, use the DMC PROPRIETARY SOFTWARE for timesharing or service bureau purposes or otherwise use the DMC PROPRIETARY SOFTWARE for the benefit of third parties, or (iv) except as expressly specified in the Documentation provided by DMC to End -Users, modify, incorporate into other software or create a derivative work of any part of the DMC PROPRIETARY SOFTWARE. 4. Status of Rights. End -User shall have no rights against DMC or with respect to DMC PROPRIETARY SOFTWARE except as expressly provided herein. 5. License Fees. End -User License fees are not paid by End -User to DMC; any such fees are a matter of agreement between End - User and DMC. 6. Support. DMC is responsible for training and support, all of End -User's rights with respect thereto are a matter of agreement between it and DMC. Page 27 7. Confidentiality. End -User agrees to maintain all Confidential Information of DMC in strictest confidence using at least, but limited to, the same degree of care it takes in protecting its own confidential information if any and, except as provided herein, shall not use such Confidential Information for its own benefit nor disclose it to third parties without the written consent of DMC. Employees of End -User to whom such Confidential Information is disclosed shall be similarly bound. Upon the termination of this License End -User shall immediately return all tangible materials made available or supplied by DMC including, but not limited to, drawings, documents, hardware disks and tapes, any copies, notes or extracts thereof, and of any media containing Confidential Information of DMC. End -User shall have no obligations under this paragraph 7 with respect to information which demonstrates by written records (i) is already known to it or is publicly available at the time of disclosure; (ii) is disclosed to it by a third party who is not in breach of an obligation of confidentiality, provided that all restrictions imposed by such third party are compiled with; or (iii) becomes generally publicly available after disclosure through no act of the receiving party. 8. Termination. This License is effective only until terminated except that the responsibility of each party to protect Confidential Information and return materials as described in paragraph 7, shall survive termination. This License will terminate automatically without notice from DMC if the End -User materially fails to comply with any provision of this License or if the End -User fails to timely pay the License fee. Upon termination, End -User shall immediately discontinue use of the DMC PROPRIETARY SOFTWARE and destroy all copies of the DMC PROPRIETARY SOFTWARE including modified or derived copies whether complete or partial. In addition, End -User shall immediately destroy or return all Confidential Information to DMC as described in paragraph f this License. 9. Disclaimer of Warranty. DMC warrants that equipment and software to be delivered to the End -User will be free from defective materials and workmanship and, subject to the conditions set forth below, agrees to repair any part of any product which proves defective by reason of improper workmanship or materials for a period set forth in this agreement from the date of original purchase, without charge for parts and labor. If the system does not perform as warranted herein, the End -User's sole remedy shall be repair or replacement as provided below. In no event shall DMC be liable for damages, lost revenue, lost wages, lost savings or any other incidental or consequential damages arising from purchase, use or inability to use this product, even if DMC or its suppliers have been advised of the possibility of such damages. No express or implied warranty is made for any product supplied by DMC that is damaged by accident, abuse, misuse, natural or personal disaster or unauthorized modification. 10. Limitation of Remedies. DMC SHALL NOT BE RESPONSIBLE OR LIABLE UNDER ANY SECTION OF THIS LICENSE OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR LOSS OR INACCURACY OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS. ANY LIABILITY OF DMC UNDER ANY THEORY WHATSOEVER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, IF UNENFORCEABLE, TO PAYMENT OF AN AMOUNT NOT GREATER "MAIN ANY AMOx'MT ACTUALLY RECEIVED BY DMC FROM END USER UNDER THE DMC AGREEMENT. Page 28 SENT 8Y: DMC; d-20-2000 11:06AM 949 458 6004; 4PA-20-00 11:34AM; FROM CITY OF NAIL CITY 619 336 4229 PAGE 1/2 P.2 The End -User agrees that OMC will not have any tegioosrbiiityfor hardware, software, or other items, or any services provided by any pawns other than DMC and that End -User will seek any remedy related to the DMC PROPRIETARY SOFTWARE from DMC. No action arising out of the liceorkkg of DMC PROPRIETARY SOP?WARE under this license may be brought by either party more thin two years after the cause of action arises, expert that an action Sr noa- paym_ntt maybe brought within two years of the date of the last payment mode hentender. Notwithstanding say ether pravidon of this docenteet, action may be brought apinst either party for violation of the confidentiality restriction as described in paragraph 7 within two (2) years attar such violations s first comes to the attention of di: other party. IL Notices. Any notice requited* *milted hereunder to the parties hereto shall be in writing end will be deemed to have been duly given if ddivaad personally or mailed by fist -ekes. registered or certified US mail, postage prepaid, addressed to the addresses act fords below or such other address as either party hereto may designate try entice tothe other. 1L fie.. This License is not assignable by Bed -User and the rem PROPRIETARY SOFTWARE may not be Licensed by End.User without the proper written consent of DMC. Arty attempt to do so shalt be void. This rase can only be modified bye written apeman mend drily signed by persons authorized to sign agreements on behalf of the End -User and of MC. The patties agree hereto that the terms, conditions, and prices contained herein will prevail notwithstanding any variations or additional terms on any orders or other notification submitted by other. No failure to =masc. and no delay in ptsrewiag, on die pat of either party, say right or any power hereunder will operate as a waiver thereof nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right he undo. If any part of this license shell be adjudged by any court of compete* don to be invalid,. such judgment will not effect or nullify the remainder of this License but the effect thereof will be confined to the pert immediately involved its the controversy adjudged. This Liming shall construed pursuant to the laws of the State of Celifooia and the United States with regard to conflicts of laws provision thereof Page 29 13. Representation. The End -User acknowledges that it has read this License and understands and agrees to be bound by its terms, conditions, and prices. End -User further agrees that this License is the complete andexclusive statement of the mutual understanding of the parties and that this License supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this License between the parties. End -User further represents (i) that this License is enforceable in the jurisdiction in which the DMC PROPRIETARY SOFTWARE copy will be delivered and will not adversely affect DMC's proprietary rights and (ii) that no part of the DMC PROPRIETARY SOFTWARE , any copy or any Confidential Information with respect thereto or any direct product thereof will be exported or re-exported from the country to which it was delivered. By signing below, each individual represents that he or she has the requisite authority and power to execute this License on behalf of the identified party and that in accepting any material, data or information, he or she is acting as a duly authorized representative of that party. DECISION MANAGEMENT COMPANY, INC. BY Vojin Hadzi-Pavlovic, President Date v /.7D/.3cSx7 Address: CITY OF BY Decision Management Company. Inc. 23361 Madero, Suite 150 Mission Viejo, CA 92691 Date Address: Page 30 Exhibit I Technical Support Service Agreement This Agreement is entered into by and between Decision Management Company, Inc. (hereinafter referred to as DMC) and The City of National City, (hereinafter referred to as "Client"). The parties hereto mutually agree that the provisions herein shall apply to technical support for DMC supplied hardware and software and in consideration of the charges as set forth herein. A. TERM AND FEE 1. This Service Agreement shall commence on the Effective Date of the Agreement. The period of maintenance shall be during normal DMC business hours of 8:00 a.m. to 5:00 p.m. Pacific time, Monday through Friday, excluding DMC holidays. 2. This agreement entitles the Client to forty (40) hours of technical support, at the flat rate of $4,000.00, to be paid at the commencement of this agreement. B. SYSTEM MAINTENANCE RESPONSIBILITIES OF DMC DMC shall maintain the system in good operating condition and repair in a professional and responsive manner. Specifically, DMC shall: 1. Perform hardware and software diagnostics to identify or confirm the problems and isolate their causes within 24 hours of receiving notification from Client. 2. Provide on -site support as requested by Client. 3. Provide a minimum of one (1) preventative maintenance service call per year at Client's facilities. 4. Communicate hardware and third -party software problems and malfunctions to manufacturers and determine the course of corrective action. 5. Secure returned merchandise authorization (RMA) number(s) for malfunctioning or non- functioning equipment and software requiring repair at OEM's facilities. 6. Correct malfunctioning software manufactured by DMC. D. RESPONSIBILITIES OF CLIENT 1. Client's equipment shall include hardware and software components necessary for remote communications and diagnostics. 2. Client shall notify DMC's service personnel upon equipment failure by calling DMC's service line at (877) DMC-MAIN. 3. Client's personnel shall not perform maintenance or attempt repairs to equipment except by prior written agreement with DMC. 4. The required suitable electric current to operate the equipment and a suitable environment necessary for operation shall be furnished by Client. Equipment shall not be operated unless the environment meets the requirements shown in equipment specifications, or if ambient temperature exceeds 80 degrees Fahrenheit. 5. Alterations in or attachments to the equipment may not be made without prior written consent of DMC. If the alteration or attachment interferes with the normal and satisfactory operation or creates a safety hazard, the Client will, upon notice from DMC to that effect, promptly remove the alteration or attachment and restore the equipment to their normal condition. Page 31 E. INVOICES AND PAYMENTS 1. The fee stated in paragraph A.2, shall be invoiced in advance and shall be due in full within thirty (30) days after date of invoice. This fee shall entitle the Client to a total of forty (40) hours of technical support These forty hours may be used at any time, as requested by Client. 2. Workhours expended by DMC's personnel and contractors in conjunction with this agreement shall be accounted for as follows: • Actual time spent on on -site support • In increments of 15 minutes or fraction thereof for telephone support and diagnostics • At fifty percent (50%) of actual time spent on travel. 3. Any taxes and travel, shipping and insurance expenses, however designated, which may arise in conjunction with this Agreement, will be billed to the Client at cost and paid to DMC within 30 days from the date of DMC's invoice. F. RISK OF LOSS During the period the equipment is in the possession of the Client, Client assumes responsibility for all risks of loss or damage to the equipment. G. DISCLAIMERS DMC's obligations and warranties under this Agreement are in lieu of all other warranties, expressed or implied. 1 IN NO EVENT SHALL DMC BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAM1GES ARISING FROM THE PROVISION OF SERVICE HEREUNDER. LIABILITY OF DMC IN ANY AND ALL OTHER CATEGORIES AND FOR ANY AND ALL CAUSES, INCLUDING BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION SHALL, IN THE AGGREGATE, NOT EXCEED ONE MONTH'S AVERAGE BILLING TO USER TAKEN OVER THE 12 MONTHS PRECEDING THE MONTH IN WHICH THE DAMAGE OR INJURY IS ALLEGED TO HAVE OCCURRED, BUT IF THIS AGREEMENT HAS NOT BEEN IN EFFECT FOR 12 MONTHS PRECEDING SUCH DATE, THEN OVER SUCH FEWER NUMBER OF PRECEDING MONTHS THAT THIS AGREEMENT HAS BEEN IN EFFECT. H. GOVERNING LAW AND AMENDMENTS This Agreement shall be governed by the laws of the State of California and constitutes the entire agreement between DMC and Client with respect to the furnishing of DMC service for the equipment as defined on page one (1) of this Agreement. No provision of this Agreement shall be deemed waived, amended or modified by either party unless such waiver, amendment or modification be in writing and signed by a duly authorized representative of the party against whorr it is sought to enforce the waiver, amendment or modification. The terms stated in this Technical Support Service Agreement shall prevail over any conflictin€ terms in any purchase order or other instrument covering the services subscribe to as issued b3 Client. /1U. Page 32 I. NOTICES All written notices pursuant to this equipment Technical Support Service Agreement. shall be addressed as follows: To DMC: To Client: 23361 Madero, Suite 150 Mission Viejo, CA 92691 This Agreement has been executed in multiple originals on the dates indicated below and effective on the latter of the two dates shown below. For DMC: For Client: By e7 c2e+>O!? ate Date Page 33 Exhibit J Software Upgrade Agreement This AGREEMENT is entered into by and between Decision Management Company, Inc. (hereinafter referred to as DMC) and The City of National City, (hereinafter referred to as "Client"). The parties hereto mutually agree that the provisions herein shall apply to the software identified in Exhibit 1 and in consideration of the charges as set forth herein. A. TERM AND FEE 1. The Software Upgrade Agreement shall commence on the Effective Date of the Agreement and continue for one year. 2. The total annual fee for goods provided under this agreement is $ 2,000.00. B. SOFTWARE UPGRADE RESPONSIBILITIES OF DMC 1. Provide new releases of software manufactured by DMC within one month from availability. 2. Provide one copy of new releases of the User Reference Manual. 3. Provide installation and training services under the terms and conditions of the Technical Support Services Agreement. C. INVOICES AND PAYMENTS 1. The Software Upgrade Agreement shall be due and payable thirty (30) days after execution of this Agreement. 2. Any taxes and travel, shipping and insurance expenses, however designated, which may arise in conjunction with this Agreement, will be billed to the Client at cost and paid to DMC within 30 days from the date of DMC's invoice. D. DISCLAIMERS DMC'S OBLIGATIONS AND WARRANTIES UNDER THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. IN NO EVENT SHALL DMC BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE PROVISION OF SERVICE HEREUNDER. LIABILITY OF DMC IN ANY AND ALL OTHER CATEGORIES AND FOR ANY AND ALL CAUSES, INCLUDING BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION SHALL, IN THE AGGREGATE, NOT EXCEED ONE MONTH'S AVERAGE BILLING TO USER TAKEN OVER THE 12 MONTHS PRECEDING THE MONTH IN WHICH THE DAMAGE OR INJURY IS ALLEGED TO HAVE OCCURRED, BUT IF THIS AGREEMENT HAS NOT BEEN IN EFFECT FOR 12 MONTHS PRECEDING SUCH DATE, THEN OVER SUCH FEWER NUMBER OF PRECEDING MONTHS THAT THIS AGREEMENT HAS BEEN IN EFFECT. E. GOVERNING LAW AND AMENDMENTS This Agreement shall be governed by the laws of the State of California and constitutes the entire agreement between DMC and Client with respect to the furnishing of upgrades to DMC software as defined on page one (1) of this Agreement. No provision of this Agreement shall be deemed Page 34 waived, amended or modified by either party unless such waiver, amendment or modification be in writing and signed by a duly authorized representative of the party against whom it is sought to enforce the waiver, amendment or modification. The terms stated in this Software Upgrade Agreement shall prevail over any conflicting terms in any purchase order or other instrument covering the services subscribe to as issued by Client. F. NOTICES All written notices pursuant to this equipment Software Upgrade Agreement shall be addressed as follows: To DMC: To Client: 23361 Madero, Suite 150 Mission Viejo, CA 92691 This Agreement has been executed in multiple originals on the dates indicated below and effective on the latter of the two dates shown below. For DMC: For Client: Page 35 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 25,2000 AGENDA ITEM NO. 10 ITEM TITLE Resolution seeking Internet services through State of California pricing agreement. PREPARED BY EXPLANATION City Council approved on December 14, 1999 (Resolution No. 99-194), an agreement with PacBell for the provision of Internet and web hosting services. Subsequently the City Council executed an Authorization to Order under the State of California (CALNET) agreement for the provision of telecommunication services and products (Resolution No. 99-197). Pricing under this newer agreement is more favorable than the agreement previously approved by the City Council. Bernard Yeo DEPARTMENT CMO/MIS This resolution seeks approval for the City Manager: 1. To cancel the existing Internet/Web Hosting agreement, 2. To enter into a new agreement (attached) with PacBell under the State of California (CALNET) pricing for same services, 3. To make future amendments to the contract with regards to services and equipment requirement. This new agreement will save the City approximately $4,800 annually. Environmental Review N/A Financial Statement Funds available in FY99-00 budget under CIP# 8017 STAFF RECOMMENDATION Approved By: Finance Director 63 409-500-58-8017 Acunt No. • 7'-r-1. ‘..r..r Recommend approval for City Manager to cancel existing agreement and to sign the new agreement under the CALNET pricing. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. PacBell Sales Agreement 3. CALNET Authorization to Order Resolution No. 2000-50 A-200 (9 99) RESOLUTION NO. 2000 — 50 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RESCINDING THE AGREEMENT WITH SOUTHWESTERN BELL INTERNET SERVICES, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PACIFIC BELL INTERNET SERVICES FOR INTERNET AND WEB HOSTING SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE FUTURE AMENDMENTS TO THE AGREEMENT WITH REGARD TO SERVICE AND EQUIPMENT REQUIREMENTS WHEREAS, the City Council approved Resolution No. 99-194 on December 14, 1999, which authorized execution of an agreement with Southwestern Bell for the provision of Internet and web hosting services; and WHEREAS, the City Council also approved Resolution No. 99-197 on December 14, 1999, authorizing the execution of an Authorization to Order under the State of California (CALNET) agreement with Pacific Bell and MCI Telecommunications Corporation for the provision of telecommunication services and products; and WHEREAS, pricing under the State of California (CALNET) agreement is more favorable than the original agreement with Southwestern Bell; and WHEREAS, Southwestern Bell has consented to the rescission of its agreement by the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby rescinds the three-year agreement between Southwestern Bell and the City executed on December 14, 1999, for Internet and web hosting services. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor to execute a five-year agreement with Pacific Bell on behalf of the City for Internet and web hosing services. Said Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor to execute on behalf of the City any future amendments to the agreement with regard to service and equipment requirements. PASSED and ADOPTED this 251 day of April, 2000. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: Gsv— Michael R. Dalla, City Clerk George H. Eiser, III City Attorney SALES AGREEMENT This Agreement ("Agreement'), effective . 4-11-00 is between PACIFIC BELL corporation ("PBI") and City of National City INTERNET SERVICES, a California (h("Customer"). This Agreement sets forth the terms and conditions under which PBI shall provide Internet Access Services ereinafter "Service" or "Services") to Customer. SECTION I 1. Term of the Service. A. Service will commence on the Service Activation Date and will continue for the term specified in the applicable Sales Order. The term of the Service shall automatically renew on a month -to -month basis on the terms and conditions set forth herein, unless the terminating party delivers to the other party thirty days advance written notice of termination. o Upon renewal under this provision, the price to Customer will be as stated in PBI's price list in effect at the time ornewal for month -to -month Service. B. The Service Activation Date shall be the date Customer has connectivity over the transport network to PBI's Internet Access Network. In the case of connectivity via ISDN, DSL, Frame Relay, SMDS, or ATM, connectivity shall have occurred when a physical connection has been installed and a Private Virtual Circuit (PVC) has been established to permit routing of traffic from Customer's equipment to PBI's Internet Access Network. The Activation Date shall not be dependent on correct configuration of Customer's computer equipment, applications (e.g., Domain Name Service, Electronic Mail Service), Local Area Network or Wide Area Network. 2. Sales Orders. A. Customer may issue Sales Orders from time to time. Each Sales Order shall be substantially in the form of Exhibit A. Each Sales Order shall (i) be deemed to be a separate and independent agreement between the parties; (ii) incorporate all provisions of this Agreement as it may from time to time be amended and agreed to by the parties, including any appendices, exhibits and other documents attached hereto; and (iii) be required with a change in Service, and (iv) with each new location thereafter. B. Acceptance of this Agreement by PBI, and the; provision of Services and/or Equipment (if the Equipment option is chosen), under this Agreement, and any applicable Sales Orders, is conditioned on completion of the Credit Verification Form, Exhibit B, and verification of the credit information provided therein. PBI will, at its discretion, check the credit history of the Customer prior to acceptance of any Sales Order. PBI reserves the right to reject any Sales Order based on the results of the credit check, or to impose additional terms and conditions, in accordance with its credit policies. In the event additional terms and conditions are needed, such additional terms and conditions shall be set forth in an amendment to this Agreement, or in a Sales Order issued under this Agreement. C. PBI may require an advance payment, progress payments, or other form of security as a condition of acceptance of any Sales Order. 3. Billing and Collections. A. For all charges, including installation charges and taxes, if applicable, PBI will bill Customer on the Customer's monthly Pacific Bell telephone bill. For circumstances where Customer is outside Pacific Bell serving territories or at PBI's sole discretion it is deemed necessary, Customer may receive an invoice directly from PBI for all charges. Certain advance deposits may be required by PBI of the Customer. Customer shall have the option of utilizing a credit card only for deposits. The first invoice for Service may include one or more of the following: (1) the pro -rated charges for the remainder of the current month, (2) the total charges for the following month, (3) the usage charges for the previous month and (4) the installation charges, as applicable. Monthly recurring Service charges shall commence on the Service Activation Date, and shall be billed in advance of Service for months following the first month of service. Invoices are due and payable in full upon receipt If any portion of payment is received after the late payment date, a monthly late charge may be charged to Customer as liquidated damages. The monthly late charge will be 1.5% of the entire outstanding balance for each month or portion thereof (18% per annum) for which the balance remains. B. In the event Customer fails to pay charges billed or PBI, or its billing agent, is unable to bill Customer, PBI reserves the right to bill outstanding sums in any of the alternative methods identified in paragraph 3.A. PBI may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, Customer agrees to reimburse PBI for all expenses incurred to recover sums due, including attorneys fees and other legal expenses. A. Customer's basic telephone services — such as Centrex, Measured Business service, or ISDN — will not be disconnected for nonpayment of charges for Services provided under this Agreement. However, PBI may suspend or discontinue Services if charges for these Services are not paid. - PACIFICL; BELLPACIFICUBELL. h.l.m.19.Mc.. , Sales Agreement Approved by PBI Legal DV 04/03/00 SALES AGREEMENT 4. Interruption of Service. Customer understands and agrees that temporary interruptions may occur as normal and reasonable events in the provision of the Service. FBI agrees to exercise reasonable care to prevent such occurrences. Customer further understands and agrees that PBI has no control over third party networks Customer may access in the use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond the control of PBI. 5. Limitation of Liability. A. FBI shall make reasonable efforts to provide continuous, uninterrupted, expedient and error -free Service to Customer. In no event shall PBI be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including without limitation, loss of profits, loss of income or cost of replacement services. B. FBI's liability for damages for interruptions of Services, or for mistakes, omissions, delays, errors and defects in the provision of the Services, shall in no event exceed an amount equal to the prorata charges to Customer for the period during which the Services are affected. C. Any software provided hereunder is provided on an as -is basis. PBI makes no express or implied warranties (including those of merchantability or fitness for a particular purpose) with respect to the software provided. D. EXChl'I AS EXPRESSLY SET FORTH IN THIS AGREEMENT, FBI HEREBY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY AND PERFORMANCE. E. FBI MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PBI MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED, OR OTHERWISE OBTAINED, THROUGH THE USE OF THE SERVICE, IS DONE AT CUSTOMER'S OWN RISK, AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM OR LOSS OF DATA WHICH RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. F. FBI MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH THE SERVICE, AND CUSTOMER UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCfhD ENTIRELY AT CUSTOMER'S OWN RISK. 6. Cancellation and Termination. A. In the event a ruling, regulation or order issued by a judicial, legislative or regulatory body causes PBI to believe that this Agreement may be in conflict with such rules, regulations or orders, the Customer shall either agree to modify this Agreement to conform to the terms of such rules, regulations or orders, or FBI may terminate this Agreement without liability. B. Customer may terminate any Sales Order upon thirty days' prior written notice to PBI. However, upon termination, Customer shall pay any applicable cancellation charge as set forth in subpart D of this paragraph. C. If Customer fails to pay any charge when due, including but not limited to installation charges or taxes, and such condition continues unremedied for a period of thirty days, or if Customer fails to perform or observe any other material term or condition of this Agreement, or if Customer provides false or inaccurate information which is required for the provision of the Service or that which is necessary to allow FBI to bill Customer for the Service, and such condition continues unremedied for thirty days, Customer shall be in default and PBI may terminate this Agreement. Upon such termination by PBI, Customer shall be liable for any applicable charges, including a Cancellation Charge(s). D. A Cancellation Charge for early termination of Services will be applied to the final bill. The Cancellation Charge shall be in a sum equal to the installation charges waived, plus any recurring charge(s) for the remaining balance of the term of the Agreement. 7. Assignment and Subcontracting. A. Either party may, at any time, assign its rights and delegate its duties under this Agreement to any present or future affiliate of such party; or FBI may assign to any other company if such assignment will, in PBI's opinion, provide consistent Services to Customer, or assist in the implementation of any law or ruling issued by any judicial or other government authority. The assigning party shall give written notice of any such assignment. B. PBI may subcontract any or all of the work and duties to be performed by it under this Agreement, but shall retain responsibility for the work subcontracted. PACIFICO BELLPACIFIC OBEu- 2 Sales Agreement "" """ """"" """"" Approved by PBI Legal DV 04/03/00 SALES AGREEMENT 8. Governing Law. This Agreement shall be construed in accordance with the laws of the State of California. 9. Modification of Terms and Conditions. This Agreement may be amended by mutual agreement of the parties at any time during the term of this Agreement. No amendment of this Agreement shall be valid unless in writing and duly executed by both parties. 10. Force Majeure. Neither PBI nor Customer shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers. 11. Use Limitations. A. Customer agrees to comply with the rules, regulations and policies, including but not limited to, PBI's Acceptable Use Policy (located at "http://public.pacbell.net/cgi-bin/print hit bold.cgi/dedicated/aup ded.html" select the "Acceptable Use Policy for Dedicated Service accounts" option), all policies applicable to PBI and all policies applicable to any network that is accessed through FBI. Violation of any such rules, regulations and policies, or any attempt to break security or to access an account which does not belong to Customer, shall be considered a material breach of contract, and PBI may terminate this Agreement without liability. Upon such termination by FBI, Customer shall be liable for any applicable charges, including cancellation charges. B. Nothing contained in this Agiteutent may be construed to convey to Customer any interest, title, or license in the user ID, electronic mail address, Universal Resource Locator or domain name used by Customer in connection with the Service. C. PBI reserves the right to suspend or terminate Service to the Customer, or suspend or terminate any user ID, electronic mail address, Universal Resource Locator or domain name used by Customer in the event it is used in a manner which (i) constitutes violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (ii) is defamatory, fraudulent, obscene or deceptive; (iii) is intended to threaten, harass or intimidate; (iv) tends to damage the name or reputation of FBI, its parent, affiliates and subsidiaries; or (v) interferes with other customers' use and enjoyment of the Services provided by PBI. D. Customer understands and agrees that any attempt to break security, or to access an account which does not belong to Customer, shall be considered a material breach of this Agreement, and such breach may result in suspension or termination of the Service. Customer further agrees to immediately notify PBI of (i) any unauthorized use of Customer's account and/or (ii) any breach, or attempted breach, of security known to Customer. 12. Customer Responsibilities. A. Unless specified in an accepted Sales Order, which is executed pursuant to this Agreement, Customer is solely responsible for provisioning, configuration and maintenance of all customer premises equipment (hardware and software), including without limitation TCP/IP routers, CSU/DSU line interface units, primary domain name servers, electronic mail servers, netnews servers and firewall or proxy servers. PBI shall not be responsible for delays in the provision of Service resulting from incompatibility of such equipment, or resulting from improper provisioning, configuration or maintenance of such equipment. B. PBI may provide configuration files for certain routers, at its sole discretion, and only as a convenience to Customer. PBI recommends that Customer obtain RFC compliance information from the manufacturer of their routers. C. Customer is responsible for choosing a domain name and submitting an application for address assignment or transfer to PBI. PBI makes no warranties with respect to the availability of any domain name. Nothing contained in this Agreement may be construed to convey to Customer any interest, title, or license in the user ID, electronic mail address, Universal Resource Locator or domain name used by Customer in connection with the Service. 13. Transport Services. A. Customer must obtain local transport services from Pacific Bell for Dedicated Internet Access. Rates, terms and conditions applicable to Pacific Bell transport services are set forth in tariff schedules filed with the California Public Utilities Commission, and are not in any way affected by the terms of this Agreement. Customer is responsible for payment of tariffed network services needed for use of the Service. ANY LONG DISTANCE, MEASURED SERVICE OR TOLL PACFICO BELL. PACIFIC tjBELL. Worn*. Undoes INMIIIN[I SERVICES 3 Sales Agreement Approved by PBI Legal DV 04/03/00 SALES AGREEMENT CHARGES INCURRED BY CUSTOMER TO ACCESS THE SERVICE DURING CUSTOMER'S USE OF THE SERVICE SHALL BE CUSTOMER'S SOLE RESPONSIBILITY. B. Rates, terms and conditions applicable to complementary Global Service Provider interconnection services are not in any way affected by the terms of this Agreement. 14. General. A. If any portion of this Agreement is found to be invalid or unenforceable, the parties agree that the remaining portions shall remain in effect. The parties further agree that in the event such invalid or unenforceable portion is an essential part of this Agreement, they will immediately begin negotiations for a replacement. B. If either party ever fails to enforce any right or remedy available to it under this Agreement, that failure shall not be construed as a waiver of any right or remedy with respect to any other breach or failure by the other party. C. Any legal action brought by Customer against PBI with respect to this Agreement must begin within two years after the cause of action arises. D. Any terms which by their sense and context are intended to survive expiration or termination of this Agreement shall survive. E. This Agreement constitutes the entire agreement between the parties, and consists of the foregoing terms and conditions and the terms and conditions on the attachments to this Agreement, which are incorporated herein by this reference. F. Notices and other communications shall be transmitted in writing by U.S. Mail postage prepaid and shall be effective four days after the mailing date. To PBI: PBI, 303 Second Street, North Tower, 6th Floor, Suite 650, San Francisco, CA 94107, Attn.: Vice President, Sales. To Customer: As set forth below, or as indicated in the Sales Order. PACIFIC BELL INTERNET SERVICES COMPANY NAME: City of National City Signed: Signed: Print Name: (p1 Pam See attached) Print Name: Title: Title: *Date: Date: I Jurisdiction. (Customer must initial only one applicable option) Option A: Customer anticipates that more than ten percent of the use of the Service is interstate in nature. OR Option B: Customer anticipates that less than ten percent of the use of the Service is interstate in nature. *Offer expires thirty (30) days from this Date Exhibits attached: (A) Sales Order Form; (B) Credit Verification Form; (C) Customer Price Quote Sheet. PACIFlCCS BELL.PACIFIC M BELL Inl.M.:$..YIL.. I$T,OM[I •NAVIN tS 4 Sales Agreement Approved by PBI Legal DV 04/03/00 SALES AGREEMENT F. Notices and other communications shall be transmitted in writing by U.S. Mail postage prepaid and shall be effective four days after the mailing date. To PBI: PBI, 303 Second Street, North Tower, 6th Floor, Suite 650, San Francisco, CA 94107, Attn.: Vice President, Sales. To Customer: As set forth below, or as indicated in the Sales Order. PACIFIC BELL RNEEfT SERVICES COMPANY NAME: City of National City Signed: / 1 E N �J Signed: Print Name: Eb A T. 5/lc/ILL/lc, Print Name: WR R Title: "r' o „. I (J _ o o Title: *Date: 0 if _ D 4_ 0 0 Date: Jurisdiction. (Customer must initial only one applicable option) Option A: Customer anticipates that more than ten percent of the use of the Service is interstate in nature. OR Option B: Customer anticipates that less than ten percent of the use of the Service is interstate in nature. *Offer expires thirty (30) days from this Date Exhibits attached: (A) Sales Order Form; (B) Credit Verification Form; (C) Customer Price Quote Sheet. PACIFIC© BELL. PACIFIC 13BELL. Inlemel6.16.5 INTERNEE SERVICES 4 Sales Agreement Approved by PBI Legal DV 04/04/00 EXHIBIT A SALES ORDER FORM Pacific Bell Internet Services ("PBI") is requested to provide "Customer" 'Customer name) City of National City with Internet Access Services as described below in Section One, subject to the terms and conditions of the Agreement between PBI and Customer. This Internet Access Service section of the Sales Order is effective upon the date below and shall remain in full force and effect for the period checked below. (Terms are subject to availability) Customer will give PBI thirty days prior written notice for early termination of Services. If a Cancellation Charge is due, it will be applied to the final bill. Section One -- Internet Access Service Period of Service One Year Internet Access Servicel LAN ISDN Frame Relay Point to Point DS-1 ATM Tiered DS3 Business DSL Internet Service Access Packs3 Frame Relay Access Pack 128Kbps - 1.536 Mbps. Cisco 2524xxx Cisco 1604 Whistle InterJet 200 with DSU/CSU Whistle InterJet 200 without DSU/CSU Point to Point DS-1 Access Pack Cisco 2524 Cisco 1604 Whistle InterJet 200 with DSU/CSU Whistle InterJet 200 without DSU/CSU Subscribed Bandwidth Subscribed Bandwidth 1.536 Two Year Three Year Installation 'M9onthIv Recu Installation 3,399.00 Standard OCP Discounted Rate 2 Standard OCP Discounted Rate 2 Standard OCP Discounted Rate 2 Monthly Recurring Standard 294.00 OCP Discounted Rate 2 Standard OCP Discounted Rate 2 Month to Month erin Term 5year Maintenance Basic Platinum x Basic Platinum LAN ISDN Access Pack Cisco 1604 Cisco 776 Whistle InterJet 140 Standard OCP Discounted Rate 2 Basic Platinum Business DSL Access Pack Whistle InterJet 140 Not Applicable PACIFIG�,f' BEl.LPACIFICOBELL Exhibit A IYllCR, ttnV. Crxtm.m.r S..VMCS No Sales Order is effective unless and until executed by Pacific Bell Internet Services Approved by PSI Legal 7/20/98 This order is subject to the terra and conditions set forth in the Agreement, incorporated by this reference. EIO-IIBIT SALES ORDER 1 Prices do not include transport services which are available from Pacific Service Provider interconnection services are not included. 2 If the Customer enrolls in a qualified Pacific Bell Optional Calling Plan amount indicated. If the customer terminates its enrollment in the OCP, shall be billed the regular charge as specified herein. 3 With the purchase of the Equipment, Customer is required to purchase A FORM Bell pursuant to tariff schedule FCC 128. Rates for Global (OCP), the recurring monthly charge shall be reduced to the the discount or the PBI Service shall terminate, and Customer Basic Maintenance service at a minimum. Additional Internet en ices Primary Domain Name Service Additional Domain Name(s) (Please note in Special Requirements below.) Changes to Domain Names(s) (Please note in Special Requirements below.) Yes 5 Domain Names included in monthly Internet access fee Yes Additional Domain Name(s) -- $100 one-time charge each Changes to Domain Name(s) -- $50 one-time charge each (All standard InterNIC charges apply.) Yes Customer Profile Traffic Reports Yes ($100 install; $50/mo.) Special Requirements (describe below PACIFIC BELL INTERNETT SERVICES CUSTOMER NAME: City of National City Signed: � e,,,,,,,e6.8_ Signed: Print Name: ED wAR D J P3AC4L L f1 b Print Name: Title: l f� _ e //_ �✓ �Q� Title: jr Address: *Date: 0 4- - 0 * _ 0 O Billing Telephone No: rom th>s Date PACIFIC' BELA.PACIFIcg BELL IYTE"Iti RtRY,C6f IntemetS.Me.. No Sales Order is effective unless and until executed by Pacific Bell Internet Services This order is subject to the terms and conditions set forth in the Agreement, incorporated by this reference. 2 Exhibit A Approved by PSI Legal 7/20/98 EXHIBIT B CREDIT VERIFICATION FORM Company Name:_City of National City Federal Taxpayer ID: Company Address: California State Corporate ID #: Dun and Bradstreet Rating: Phone Number: Fax Number: Signed: Title: Print Name: *Date: *This offer expires thirty (30) days from this Date Return completed form to your Pacific Bell Internet account representative, fax it to 415-357-1371, or you may mail it to: Pacific Bell Internet Services Dedicated Order Coordinator 303 Second Street, North Tower, Suite. 650 San Francisco, California 94107 For questions please call (415) PACIFIMBELL PAC IFIC& BELL tenwl 9SMne 1 of 1 Exhibit B Approved by PBI Legal 7/20/98 EXHIBIT C CUSTOMER PRICE QUOTE SHEET Customer Name: City of National City PBI. Team Contact: Chris Corbett : 619-237-2073 A Customer Price Quote Sheet must be completed and FAXED along with the completed Customer Worksheet to the PBI Customer Order Coordinator: FAX #: Tel #: I. Pacific Bell Transport Facility Quote* Monthly $371.00 Non -Recurring $1199.00 II. Pacific Bell Internet Services - Dedicated Access Quote Monthly $294.00 Non -Recurring $3399.00 Global Service Provider (GSP) Quote* Monthly $100.00 Non -Recurring $400.00 III. Pacific Bell Internet Services - Web Hosting Services Quote Monthly Non -Recurring Global Service Provider (GSP) Quote* Digex IV. Optional Services* Monthly Non -Recurring Monthly Non -Recurring V. Total Customer Quote* ** Comments: Monthly $765.00 Non -Recurring $4998.00 • ***Date: • These quotes for Pacific Bell transport and GSP services are provided to Customer as a courtesy and shall not be construed as an offer by PBI. Rates, terms and conditions applicable to Pacific Bell transport services are set forth in tariff schedules filed with the California Public Utilities Commission and/or the Federal Communications Commission, and are not in any way affected by the terms of this Agreement. Rates, terms and conditions applicable to complementary Global Service Provider interconnection services are not in any way affected by the terms of this Agreement. PACIFIC BELL Internet gentled. 1 of 1 Exhibit C Approved by PBI Legal 7/20/98 EXHIBIT C CUSTOMER PRICE QUOTE SHEET ** Summary of charges subject to change based on additional Customer requests (see additional change orders or Sales Order Forms) *** Offer expires 30 days from this Date. PACFIC©BELL NYm.IB*Mwf 1 of 1 Exhibit C Approved by PBI Legal 7/20/98 STATE OF CALIFORNIA w - - mid - L -- m NI MIa -1111 -i MV DEPARTMENT OF GENERAL SEFLICES EXHIBIT B-2 - AUTHORIZATION TO ORDER EXHIBIT B-2 AUTHORIZATION TO ORDER UNDER STATE AGREEMENT (NO TERM COMMITMENT) Pacific Bell ("Pacific"), MCI Telecommunications Corporation ("MCI") (collectively, "Contractor") and the State of California ("State") have entered into an Agreement for Service(s) and Equipment, dated December 4, 1998 ("Agreement"). Pursuant to the Agreement, which is incorporated herein by reference, Municipalities of the State are allowed to order (SEE ATTACHED BILL OF MATERIALS), upon execution of this Authorization to Order. A description of the Service(s), applicable rates and charges and the specific terms and conditions under which the Service(s) will be provided to Municipalities of the State (e.g., cities, counties, school districts and other such entities of the State) are fully set forth in the Agreement. City of National City ("Municipality") desires to order Service(s) and Contractor agrees to provide such Service(s) pursuant to the terms and conditions and rate tables contained in the Agreement. 1. Municipality may, by placing service orders with Contractor, order any of the Service(s) listed in the Agreement. Contractor shall bill Municipality and Municipality shall pay Contractor according to the rate tables set forth in the Agreement for such Service(s). 2. This Authorization to Order shall become effective upon execution. No Service(s) shall be ordered by Municipality or provided by Contractor until this Authorization to Order has been executed by both parties and approved by DGSJTD. 3. By executing this Authorization to Order, Municipality agrees to subscribe to and Contractor agrees to provide Service(s) in accordance with the terms and conditions of this Authorization to Order and the Agreement. 4. Municipality, upon execution of this form, certifies that Municipality understands that Contractor and the State may, from time to time and without Municipality's consent, amend the terms and conditions of the Agreement thereby affecting the terms of service Municipality receives from Contractor. 5. Municipality, upon execution of this form, certifies that Municipality has received and has reviewed the terms and conditions, including the rates and charges, of the Agreement. 6. Whenever any notice or demand is to be given under this Agreement to Contractor or Municipality, the notice shall be in writing and addressed to the following: PA iFIC BELL. MCI CALIFORNIA'S HOME TEAM 1 STATE OF CALIFORNIA �- Mr. NM NMMI If - 1 MV DER4RTMENT OF GENERAL SER/ICES Municipality: City of National City Attn: Contractor: Pacific Bell/MCI 610 Sequoia Pacific Blvd. Sacramento, CA 95814 Attn: Contract Program Manager Notices delivered by overnight courier service (U.S. Express Mail, Federal Express, Purolator or Airborne) shall be deemed delivered on the day following mailing. Notices mailed by U.S. Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) days after mailing. Notices delivered by any other method shall be deemed given upon receipt. IN WITNESS WHEREOF, the parties hereto have caused this Authorization to Order to be executed on the date shown below by their respective duly authorized representatives. CONTRACTOR By: Title: City of National City (Municipality) By: Title: Date Signed: Date Signed: Approved By: Department of General Services, Telecommunications Division By: Title: Date Signed: ATO nonterm4299.doc PACIFICO BELL MCI CALIFORNIA'S HOME TEAM 2 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 04/25/00 AGENDA ITEM NO. 11 ITEM TITLE WARRANT REGISTER #42 PREPARED BY ROBERT A. RABAGO DEPARTMENT FINANCE EXPLANATION. Ratification of Warrant Register #42 per Government Section Code 37208. Environmental Review N/A Financial Statement N/A Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $342,375.48 BOARD/COMMISSION RECOMMENDATION TT CHMENTS (listed Below) Resolution No 1. Warrant Register #42 2. Workers' Comp Warrant Register dated 04/12/00 A-200 (Rev. 9/20) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 25, 2000 AGENDA ITEM NO. 12 ( ITEM TITLE CLAIM FOR DAMAGES: Francis Akaigbe City BY Michael R. Dalla, CMC DEPARTMENT CiY Clerk EXPLANATION. The claim of Francis Akaigbe arises from an occurrence on February 21, 2000 and was filed with the City Clerk's Office on March 31, 2000 Environmental ReviewXX N/A Financial Statement N/A Account No. STAFF RECO ENDATION Deny the claim, and refer to the City Attorney. BOARD/COMMISSION RECOMMENDATION N/A TT CHMENTS (listed Below) Resolution No. Copy of Claim for Damages A.200 (Rev. 9/801 MEETING DATE (-ITEM TITLE RESOLUTION APPROVING THE FOUR-YEAR (FY 2001-04) REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) AND TRANSNET PROJECTS PREPARED BY Michael Long DEPARTMENT Engineering City of National City, California COUNCIL AGENDA STATEMENT April 25, 2000 #Refer to Item #2 AGENDA ITEM NO. 13 EXPLANATION On April 25, 2000, the City Council held a public hearing to adopt the Four -Year (FY 2001-04) Regional Transportation Improvement Program (RTIP) and TransNet projects. Based upon the public hearing, the Four -Year (FY 2001-04) Regional Transportation Improvement Program (RTIP) and TransNet Projects were approved. Environmental Review Financial Statement N/A X N/A Account No. STAFF RECOMMENDATION /■ Resolution approving the 4^.' ea 2001- 4) Regional Transportation Improvement Program (RTIP) and TransNet Projects. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. 2000-51 A-200 (9/80) RESOLUTION NO.2000-51 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE FOUR-YEAR REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) AND TRANSNET PROJECTS FOR FISCAL YEARS 2001 THROUGH 2004 WHEREAS, on November 2, 1987, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan; and WHEREAS, the Ordinance provides that the SANDAG Board shall approve a multi -year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds; and WHEREAS, the City of National City was provided with an estimate of annual TransNet local street and road revenues for fiscal years 20001 through 2004; and WHEREAS, on April 25, 2000, the City of National City held a public hearing in accordance with Section 5(a) of the Ordinance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby adopt the Four -Year Regional Transportation Improvement Program (RTIP) and Transnet projects for fiscal years 20001 through 2004, attached hereto as Exhibit «A„ BE IT FURTHER RESOLVED that pursuant to Section 8 of the TransNet Ordinance, the City Council of the City of National City certifies that the required minimum annual level of local discretionary funds to be expended for street and road purposes will be met throughout the four-year period consistent with Maintenance of Effort Requirements adopted by the SANDAG Commission on June 24, 1988. BE IT FURTHER RESOLVED that pursuant to Section 9 of the TransNet Ordinance, the City of National City certifies that TransNet funds programmed in the attached Four-year Program of Projects do not replace private developer funding which has been or will be committed for any project. BE IT FURTHER RESOLVED that pursuant to Section 16 of the TransNet Ordinance, the City of National City certifies that each project of $250,000 or more will be clearly designated during construction with TransNet project funding identification signs. BE IT FURTHER RESOLVED that the City of National City does hereby certify that all other applicable provisions of the TransNet Ordinance have been met. Resolution 2000-51 April 25, 2000 Page Two BE IT FURTHER RESOLVED that the City of National City agrees to hold harmless and defend the SANDAG Board against challenges related to local TransNet funded projects. PASSED and ADOPTED this 25th day of April, 2000. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: 2C George H. Eiser, III City Attorney George H. Waters, Mayor FISCAL YEAR 00-01 103 — GENERAL CAPITAL OUTLAY FUND AMOUNT 1. Paradise Valley Road Widening $240,000 109 — GAS TAXES FUND 1. Resurfacing of Various Streets $525,000 2. Install Pedestrian Ramps $ 50,000 3. Reinstallation of Street Lights from 16th to 30th Streets (Phase III thru IV) $ 50,000 4. Misc. Concrete Improvements — Curb, Gutter and Sidewalks $ 50,000 5. Speed Survey and Traffic Monitoring $ 15,000 6. Street Maintenance and Slurry Seal Program $150,000 7. Replace Street Signs $ 15,000 8. Installation of Traffic Signal at 12th Street and "D" Avenue $ 80,000 9. Installation of Traffic Signal at 28th Street and National City Boulevard $100,000 $1,035,000 125 — SEWER SERVICE FUND 1. Valencia Park Trunk $160,000 2. Sewer System Maintenance $700,000 $860,000 301 — C.D.B.G FUND 1. Parking Lot Rehabilitation $130,000 2. Street Widening in Las Palmas Park $100,000 3. Construction of Restroom Facilities $130,000 4. Neighborhood Curb, Gutter & Sidewalk Construction $450,000 5. Install Pedestrian Ramps $100,000 6. Reinstallation of Street Lights from 16th to 30th Streets (Phase III thru IV) $ 50,000 7. Alley Improvements $100,000 8. Misc. Concrete Improvements — Curb, Gutter and Sidewalks $100,000 9. Improvements to Bonita Mesa Road $150,000 10. Design for Paradise Creek Channel Undergrounding $ 60,000 11. Misc. Storm Drain Improvements $100,000 12. 17th Street Storm Drain System Improvements $150,000 13. Valley Road Improvement from Calle Abajo to Sweetwater Rd. $150,000 14. Civic Center Drive Gateway Enhancement $1,700,000 $3,470,000 EXHIBIT "A" Page 1 FISCAL YEAR 00-01 (Cont.) 307 — PROPOSITION "A" FUND (TRANSNET) AMOUNT 1. Highland Avenue Resurfacing $ 38,000 2. Resurfacing of Various Streets $725,000 3. Plaza Boulevard Widening $ 10,000 4. Traffic Signal Upgrade at Palm Avenue and 8th Street $100,000 $873,000 312 — STP LOCAL FUND 1. Highland Avenue Resurfacing $255,000 2. Plaza Boulevard Widening $ 60,000 $315,000 313 — CMAQ FUND 1. National City Boulevard/Plaza Boulevard Traffic Signal Interconnect $765,000 2. Signal Interconnect on Highland Avenue and Eighth Street $ 50,000 $815,000 NON -DEPARTMENTAL GENERAL FUND(001-421-000-660-7056) 1. National Pollutants Discharge Elimination System Program $25,000 EXHIBIT "A" Page 2 FISCAL YEAR 01-02 103 — GENERAL CAPITAL OUTLAY FUND 1. Paradise Valley Road Widening 109 — GAS TAXES FUND 1. Resurfacing of Various Streets 2. Install Pedestrian Ramps 3. Reinstallation of Street Lights from 16th to 30th Streets (Phase III thru IV) 4. •Misc. Concrete Improvements — Curb, Gutter and Sidewalks 5. Speed Survey and Traffic Monitoring 6. Street Maintenance and Slurry Seal Program 7. Replace Street Signs 8. Traffic Signal Upgrade 125 — SEWER SERVICE FUND 1. Sewer System Maintenance 301— C.D.B.G FUND 1. Install Pedestrian Ramps 2. Reinstallation of Street Lights from 16th to 30t Streets (Phase III thru IV) 3. Alley Improvements 4. Misc. Concrete Improvements — Curb, Gutter and Sidewalks 5. Misc. Storm Drain Improvements 307 — PROPOSITION "A" FUND (TRANSNET) 1. Resurfacing of Various Streets 2. Plaza Boulevard Widening 3. Reconstruction of Roosevelt Avenue from 18th to 22nd Streets 4. Traffic Signal Upgrade 312 — STP LOCAL FUND 1. Plaza Boulevard Widening AMOUNT $240,000 $390,000 $ 50,000 $ 50,000 $ 50,000 $ 15,000 $150,000 $ 15,000 $ 50,000 $770,000 $300,000 $100,000 $ 50,000 $100,000 $100,000 $ 50,000 $400,000 $750,000 $ 30,000 $300,000 $ 50,000 $1,130,000 $170,000 EXHIBIT "A" Page 3 FISCAL YEAR 01-02 (Cont.) 313 — CMAQ FUND AMOUNT 1. Signal Ihterconnect on Hi and Avenue and Eighth Street $470,000 2. Signal Interconnect on 16 and 18th Streets $384,300 $854,300 NON -DEPARTMENTAL GENERAL FUND(001-421-000-660-7056) 1. National Pollutants Discharge Elimination System Program $25,000 EXHIBIT "A" Page 4 FISCAL YEAR 02-03 103 — GENERAL CAPITAL OUTLAY FUND AMOUNT 1. Paradise Valley Road Widening $240,000 109 — GAS TAXES FUND 1. Resurfacing of Various Streets $290,000 2. Install Pedestrian Ramps $ 50,000 3. Misc. Concrete Improvements — Curb, Gutter and Sidewalks $ 50,000 4. Speed Survey and Traffic Monitoring $ 15,000 5. Street Maintenance and Slurry Seal Program $150,000 6. Replace Street Signs $ 15,000 $570,000 125 — SEWER SERVICE FUND 1. Sewer System Maintenance $300,000 301— C.D.B.G FUND 1. Install Pedestrian Ramps $100,000 2. Alley Improvements $100,000 3. Misc. Concrete Improvements — Curb, Gutter and Sidewalks $100,000 4. Misc. Storm Drain Improvements $ 50,000 $350,000 307 — PROPOSITION "A" FUND (TRANSNET) 1. Resurfacing of Various Streets 2 Plaza Boulevard Widening $980,000 $331,000 $1,311,000 312 — STP LOCAL FUND 1. Playa Boulevard Widening $2,579,000 NON -DEPARTMENTAL GENERAL FUND(001-421-000-660-7056) 1. National Pollutants Discharge Elimination System Program $25,000 EXHIBIT "A" Page 5 FISCAL YEAR 03-04 103 — GENERAL CAPITAL OUTLAY FUND AMOUNT 1. Resurfacing of Various Streets $240,000 109 — GAS TAXES FUND 1. Resurfacing of Various Streets $290,000 2. Install Pedestrian Ramps $ 50,000 3. Misc. Concrete Improvements — Curb, Gutter and Sidewalks $ 50,000 4. Speed Survey and Traffic Monitoring $ 15,000 5. Street Maintenance and Slurry Seal Program $150,000 6. Replace Street Signs $ 15,000 $570,000 125 — SEWER SERVICE FUND 1. Sewer System Maintenance $300,000 301— C.D.B.G FUND 1. Install Pedestrian Ramps $100,000 2. Alley Improvements $100,000 3. Misc. Concrete Improvements — Curb, Gutter and Sidewalks $100,000 4. Misc. Storm Drain Improvements $ 50,000 $350,000 307 — PROPOSITION "A" FUND (TRANSNET) 1. Resurfacing of Various Streets $980,000 2. Playa Boulevard Widening $330,000 $1,310,000 312 — STP LOCAL FUND 1. Plaza Boulevard Widening $2,580,000 NON -DEPARTMENTAL GENERAL FUND(001-421-000-660-7056) 1. National Pollutants Discharge Elimination System Program $30,000 EXHIBIT "A" Page 6 Agency: Ci y of National City 1 Street Resurfacing Locations to be determined 2 Traffic Signal Upgrade at 8th Street and Palm Ave. Other Locations to be determined 3 Highland Avenue Resurfacing from Division to 12th Street 4 Plaza Blvd. Widening 5 6 7 8 Traffic Signal Interconnect on National City Blvd. and Plaza Blvd. Traffic Signal Interconnect on Highland Ave. and Eighth Street Traffic Signal Interconnect on 16th Street and 18th Street Reconstruction of Roosevelt Ave. from 18th St. to 22nd St. TABLE 1 PROJECT SUBMITTAL FORM FOR THE FY 2000-04 REGIONAL TIP/TRANSNET PROGRAM OF PROJECTS Date: April 5, 2000 Phone: (619) 336-4386 Prepared By: Michael J. Long TOTAL T T T T EC EC C E E T T T T T T EC 1,250 1,140 1,270 1,510 100 100 293 70 200 2,910 2,910 765 50 470 385 300 STPL 255 60 170 2,579 2,580 CMAQ 765 50 470 385 725 750 980 980 100 50 38 10 30 331 330 300 525 390 290 530 50 $13,723 $7,314 $0 $4,624 $1,785 $0 01 02 03 04 01 02 01 01 02 03 04 01 01 02 02 02 MEETING DATE April 25, 2000 City of National City, California COUNCIL AGENDA STATEMENT 14 AGENDA ITEM NO. / ITEM TITLE TEMPORARY USE PERMIT — OLDIES CAR CLUB — CAR SHOW Kathleen Trees, A/Director Building and Safety PREPARED BY DEPARTMENT EXPLANATION This is a request from Richard Sherman to conduct a fund raising event located in the northwest field area of Sweetwater High School, from 5:30 a.m. to 6:00 p.m. on Sunday, June 4, 2000. This fi?Td raising event is to benefit various Sweetwater High School student programs. A vehicle show consisting of low - rider cars, muscle cars, hot rods, motorcycles, bicycles and other types of cars will be the main attraction at the event. Tents and canopies will be set up to sell food and drink. Admission will be charged. The event qualifies for a waiver of fees pursuant to City Council Policy No. 704. J Environmental Review X N/A Financial Statement The City has incurred a $101.00 in costs in processing the T.U.P. application through various City Departments. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the waiver of all fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below } Resolution No. Application For A Temporary Use Permit with recommended conditions of approval. a\heritge.doc A-200 (9/80) 001-3585-13000 CITY OF NATIONAL CITY BUILDING & SAFETY 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 P ICATION FORA TEMPORARY USE PERMIT APPLICATION IS HEREBY MADE FOR A TEMPORARY USE PERMIT PURSUANT TO THE PROVISION OF THE NATIONAL CITY MUNICIPAL CODE 15.60 AND AS DESCRIBED BELOW. Temporary Use Permits are ministerial administrative regulations intended to provide orderly and effective management specific list of temporary may a lend uses al the action of theptional Building Official (stics requiring their review and pursuant to Municipal Code section limitations. Any permit applicant may apse 15.60.045. Class A & B use Application for a Temporary Use Permit must be filed 15 working dna prior to the commencement of the activity/event. Activities/events iprioring the to the usree or aree activity/event. ofoperation within the state highway jurisdiction shall be filed not less than six (6) month ni CARF r•OMPLETE (Print or Type): ---�� � 0Coles �2 cut SPONSORING ORGANIZATION(s): Si� ORGANIZATION ADDRESS: /Z� C 3/ S�s�5� PHONE: (o q7( f075( City State Zip LOCATION OF EVENT: Sc�Pet�- Fer 14-,1-4 ''Sclic,G I DATE(S)(Jf- � REQUESTED FOR EVENT: FROM ri.e (--/6- TO � � � -6HOURS OF USE ON DAY OF EVENT: FROM S3 0 A.M. P.M. TO �( (BEGIN 5.ELUE) DATE TIME (V (�A.M. /P.M. (END SETUP) DATE 44 TIME (BEGINTEARDOWN) DATE TIME /' A.M. /P�M. ` (END TEARDOWN) DATE TIME (t?3 ()A.M./P.M. BRIEF DESCRIPTION OF EVENT: ( ft� ��i'Ve-,-) iUs' Sec -boo / (A brief summary of the event/may be requested. A summary of the event activity maybe attached to the application) NAME OF/PERSON RESPONS)BLE FOR THE EVENT, WHO WILL BE ON -SITE THE DAY OF THE EVENT: /Ltd'l V`61Jf/tiercea Kt HOW MAY THIS PERSON BE CONTACTED? SPECIFIC USE REQUEST: CA a- s tJ JUSTIFICATION: h er.,r e S6ii ( REQUEST TO SELL OR SERVE ALCOHOL BEVERAGES: YES[ ] NOC] — WILL FOOD/ DRINK BE SOLD: YES] NO[ ] (Note: The City Council will not approve the sale or consumptionoof alcohol i yle p orks rs in n conjunction with anyh wevenbuildingst j requiring a T.U.P. This prohibition will not impact the existing policy regarding the in the parks, such as the Community Center, which will continue to be subject to the approval of the City Council.) ]Y WILL TENTS OR CANOPIES BE USED?: YES NO [ ] (If "YES,", permit may be required from Fire Department) WAIVER OF FEES REQUESTED: YES [ ] NO [/1 (If °YES,"complete attached supplemental questionnaire form) FACILITIES: (When Applicable) REQUEST ASSISTANCE WITH THE FOLLOWING: NOISE, CROWD, TRAFFIC CONTROL: PD (t Ce ( SECURITY CONTROL: Y o r!r c-e 6(4)11 ` .S eC A PARKING/BARRICADES: EXTERIOR LIGHTING/ELECTRICAL: TRASH DISPOSAUSITE CLEAN-UP AFTER EVENT: �/v� r�� SANITARY FACILITIES: /P.M. 7, A.M. L etl Pr PLEASE COMPLETE (Print or Type) j [ NAME OF APPLICANT: Qt61'1.6 S-e in ADDRESS: / C (o ``J/�� SIGNATURE OF APPLICANT: /2 JG� PHONE: (7{/ tO/V DATE: ?" /s'-®Q (THIS FORM BECOMES A PERMIT WHEN ENDORSED BY THE BUILDING & SAFETY DIRECTOR) (FOR OFFICE USE ONLY) PERMIT FEES: PERMIT NO ' USE GROUP: USE CLASS: BOND: PERMIT EXPIRATION DATE: SPECIFIC STIPULATIONS / COMMENTS: APPROVALS I STIPULATIONS (Check Where Applicable): YES [ ] NO [ ] SEE STIP [ ] Initial Date FIRE YES [ ] NO [ ] SEE STIP [ ] Initial Initial Initial Initial Initial Initial initial Initial Initial Date PUBLIC WORKS YES [ ] NO [ ] SEE STIP [ ] Date FINANCE YES [ ] NO [ ] SEE STIP [ ] Date POLICE YES [ ] NO [ ] SEE STIP [ ] Date PARKS & REC. YES [ ] NO [ ] SEE STIP [ ] Date ENGINEERING YES I ] NO [ ] SEE STIP [ ] Date Date RISK MANAGER YES [ ] NO [ ] SEE STIP [ ] CITY ATTORNEY YES [ ] NO [ ] SEE STIP [ j Date COMMUNITY DEVELOP. YES [ ] NO [ ] SEE STIP [ ] Date OTHER YES [ ] NO [ ] SEE STIP [ Initial Date ;TY COUNCIL MEETING DATE: TEIIiAPORARY USE PERMIT: APPROVED [ ] DENIED [ ] WAIVER OF FEES: APPROVED [ ] DENIED [ I PR° 0ERTY NOTIFIt'AT ON REQUIRED: YES [ I NO [ ] COM* RENTS:. 7 DATE CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Richard Sherman EVENT: School FundRaiser LOCATION OF EVENT: Sweetwater High School DATE OF EVENT: Sunday, June 4, 2000 TIME OF EVENT: 5:30 a.m. to 6:00 p.m. APPROVALS: FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] (County Health Department has been notified) SPECIFIC STIPULATINS AND/OR COMMENTS FIRE 336-4550 1. Maintain Fire Department access at all times. 2. Permit is required to erect or operate a tent having an area in excess of two hundred (200) square feet or a canopy in excess of four hundred (400) square feet, or combination thereof. Tents and canopies shall be flame-retardant treated. Permit fee is sixty-five (65.00) dollars. Permit to be obtained from the Fire Department. 3. 2-A:10-B:C fire extinguishers are required. Fire extinguisher locations to be plainly marked, and not to exceed a travel distance of seventy-five (75) feet. 4. 40-B:C dry chemical fire extinguishers shall be provided where deep -fat fryers are used. 5. All canopies used in cooking areas are to be flame-retardant treated. 6. Vehicles to be parked at least 30 feet away from all canopies. 7. Site map reflecting layout of vehicles, canopies, tents, cooking area, and fire access points is required. Map to be submitted to Fire Department. POLICE 1. The only stipulation at this time will be to require a meeting between the Oldies Car Club and the Day Shift Watch Commander to discuss Police issues and/or concerns. This meeting should take place within the next (2) two weeks. The car club representative should contact Lt. Mike Iglesias at 336-4508 to coordinate this event. FINANCE (336-4269) 1. A business license is required if monies are solicited, admittance charged, or food, beverages or merchandise is sold. Each separate vendor must have a separate business license. 2. Vendors currently licensed by the City of National City may operate on their existing license. If any of the vendors or organizations are registered not -for -profit, there will not be a charge for their business license. 3. A list of all participating vendors (with their address, phone number and current National City business license number) is to be submitted to the Revenue and Recovery Division of the, Finance Department prior to the event for verification of business license numbers. City of National City Building & Safety Department 1243 National City Boulevard National City, CA. 91950 TEMPORARY USE PERMIT FEE WAIVER REOUEST SUPPLEMENTAL OUESTIONNAIRE City Council Policy No. 704 contains the criteria for granting waivers of T.U.P. processing fees by the City Council. This Supplemental Questionnaire will be used to evaluate whether the event or sponsoring organization for a T.U.P. meet the criteria for a fee waiver. Accordingly, please answer all questions fully and completely. City Council Policy No. 704 The City Council shall waive T.U.P. processing fees only in the case of a.non-profit organization, and when such organization can demonstrate that the event for which the T.U.P. is requested will not generate any income to the organization, or that the net proceeds of the event for which the T.U.P. is requested result in: 1. direct financial benefit to an individual who resides .or is employed in the city, and who is in dire financial need due to health reasons or a death in the family; or 2. direct financial benefit to city government such as the generation of sales tax; or 3. direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club; or 4. direct financial benefit to an organization which has been the direct recipient of City or Community Development Block Grant (CDBG) funding. PLEASE FULLY AND COMPLETELY ANSWER THE FOLLOWING: 1. Is the event for which the T.U.P. is sought sponsored by a non-profit organization? �C YES NO (If NO, please sign the bottom of this form and submit this form with the T.U.P. Application to the Building & Safety Department) 2. If the answer to Question No. 1 was YES, please state the name and type of organization sponsoring the event for which the T.U.P. is sought and then proceed to Question No. 3. Name of Sponsoring Organization 1-1). l e S G' e- e r.. it 6 Type of Organization (Service Club, Church, Social Service Agency, etc.) 57er.J i c e 3. Will the event generate net income or proceeds to the sponsoring organization? _ YES (If YES, please proceed to Question No. 4) NO (If NO, please sign the bottom of this form and submit the with the T.U.P. Application to the Building & Safety Department) 4. If the answer to Question 3 is YES, will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? YES (If YES, please provide explanation and details in space provided below) NO (If NO, please proceed to Question No. 5) If YES, please explain who is to benefit from the proceeds and the general nature of the financial hardship: 5. Will the event provide a direct financial benefit to city government such as the generation of sales tax? XYES (If YES, please provide explanation and details in space provided below) NO (If NO, please proceed to Question No. 6) If YES, please explain how the direct financial benefit to the city will occur: 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? YES (If YES, please provide explanation and details in space provided below) NO (If NO, please proceed to Question No. 7) If YES, please explain the organizations that are to benefit from the proceeds of the event and how the proceeds will be used by those organizations. 2 7. Will the proceeds provide a direct financial benefit to an organization which has been the direct recipient of City of Community Development Block Grant (CDBG) funding? YES (If YES, please provide explanation and details in space provided below) NO (If NO, please sign the bottom of this form and submit the with the T.U.P. Application to the Building & Safety Department) If YES, please state the year the City of Community Develop Block Grant (CDBG) funds were received and how those funds were used: Year funds were received. Funds were used to SIGNATURE DATE 3 CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization o J t E3 C am- C-L" tg. Person in charge of activity pLetx.,c( S Address C i 3 I' - S i' -C Telphone 2(C `[ (Ho (q Date(s) of use ? -00 HOLD HARMLESS AGREEMENT The undersigned hereby agree(s) to hold the City of National City and the Parking Authority of the City of National City harmless and indemnify the City of National City and the Parking Authority of the City of National City from and against all claims. _demands, costs, losses, damages, injuries, litigation and liability arising out of or related to the use of public property by permittee or permitee's agents, employees or contractors. ,fre -2o- Signature of Applicant Official Title Date (For Office Use Only) Certificate of Insurance approved 198712