Loading...
HomeMy WebLinkAbout2001 04-17 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY COUNCIL COUNCIL CHAMBERS 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY, APRIL 17, 2001 - 3:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG BY THE CITY MANAGER, TOM G. MCCABE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF APRIL 10, 2001. COUNCIL AGENDA 4/17/01 Page 2 PRESENTATIONS SDG&E — Stuart P. Wells, Regional Public Affairs Manager Employee Introduction Program INTERVIEWS/APPOINTMENTS Boards & Commissions — Interviews Planning Commission — Appointments CONSENT CALENDAR Consent Calendar: Consent Calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 1. Resolution No. 2001-49 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Tetra Tech ASL, Inc. to provide "as needed" civil engineering consulting services for the City's Capital Improvement Projects. (Engineering) 2. Resolution No. 2001-50 Resolution of the City Council of the City of National City authorizing execution of claims, agreements and applications necessary for the receipt of Transportation Development Act Funds for Fiscal Year 2002. (National City Transit) 3. WARRANT REGISTER #41 (Finance) Ratification of Demands in the amount of $ 783,013.11. (Finance) COUNCIL AGENDA 4/17/01 Page 3 NON CONSENT RESOLUTIONS 4. Resolution No. 2001-51 Resolution of the City Council of the City of National City establishing the salary range for the position of Records Management Officer. (City Attorney) 5. Resolution No. 2001-52 Resolution of the City Council of the City of National City establishing the salary of the City Treasurer. (City Attorney) 6. Resolution No. 2001-53 Resolution of the City Council of the City of National City establishing the salary of the City Clerk. (City Attorney) ORDINANCE FOR INTRODUCTION 7. An Ordinance of the City Council of the City of National City amending Section 3.04.020 of the National City Municipal Code. (Personnel) OLD BUSINESS 8. Relocation of public faucet at El Toyon Park. (Parks & Recreation) WRITTEN COMMUNICATIONS 9. Letter from Darryl Gorham regarding sewer bills. COUNCIL AGENDA 4/17/01 Page 4 NEW BUSINESS 10. Temporary Use Permit — Friends of the Library and National City Library — National City Literacy Celebration. (Building & Safety) 11. Notice of Decision — Approval of a Planned Development Permit for a gas station, fast food restaurant, and convenience store with alcohol sales at the northwest corner of 8th Street and Roosevelt Avenue. (Applicant: Michael Hennessey) (Case File No.: PD-2000-6) —> CITY MANAGER —> CITY ATTORNEY -* OTHER STAFF —> MAYOR —> CITY COUNCIL 12. Discussion of Newport Petroleum Sales Tax Proposal — Councilman Beauchamp 13. Discussion of modification of Council meeting frequency and times — Councilman Beauchamp COUNCIL AGENDA 4/17/01 Page 5 NEW BUSINESS (Cont.) PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. CLOSED SESSION Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) 1. John Chavez v. Sempra Enemy; San Diego Gas & Electric Company; the City of National City; the City of San Diego and DOES 1 through 100 Superior Court Case No: GIC757569 2. Darlene Dent, Darrow Johnson and Khallid Ngufu v. City of National City, Brian Boster, Ken Springer, Matthew Remmers, and Does 1-10 United States District Court Case No. 00cv2353 IEG (LAB) 3. Linda Kaye Harter v. City of National City United States District Court Case File No. D035563 4. Vivian Elio v. City of National City United States District Court Case No. 00 CV 2106 K (NLS) 5. Arturo A. Gonzalez and Maria D. Gonzalez v. City of National City Superior Court Case No. GIS 4641 6. Claims of: a) Espinoza Acevedo, b) Dario Meza, c) Mary Ann Delute, d) Soyla Barrios COUNCIL AGENDA 4/17/01 Page 6 NEW BUSINESS (Cont.) ADJOURNMENT Next Regular City Council Meeting — April 24, 2001 at 6:00 p.m. - Council Chambers, Civic Center. TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE SDG® A Sempra Energy company March 22, 2001 Mr. Tom McCabe City Manager City of National City 1243 National City Blvd. National City, CA 91950 Dear Mr. McCabe: San Diego Gas & Electric 8330 Century Park Court San Diego, CA 92123-1530 This is to confirm SDG&E's presentation before the City Council on 4/17. The focus of the presentation will be on the issues that we may be facing this Summer with respect to energy supply and reliability, and how to best prepare for the challenges this Summer will present. The presentation will also cover some energy efficiency strategies that the City, and its residents and businesses, can employ in an effort to reduce the impact of the potential energy shortfall. The presentation should last no longer than 10- 15 minutes. Thank you for your assistance, and I look forward to seeing you the 17`i1 . Stuart P. Wells Regional Public Affairs Manager City of National City Personnel Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM DATE April 10, 2001 TO Park Morse, Assistant Cit gerr/y FROM Roger C. DeFratis, Person of Director SUBJECT : EMPLOYEE INTRODUCTION PROGRAM The City Council has requested that all new full-time employees hired each month be invited to the third City Council meeting of each month. The attendance of the employee is voluntary and will not be paid overtime for such appearance. The below department director(s) are requested to extend such an invitation to the listed employee(s) and confirm the employee(s) attendance, if applicable, with the City Manager by the Thursday preceding the meeting. DEPARTMENT DIRECTOR. EMPLOYEE/POSITION DATE OF HIRE Chief DiCerchio Jammi Johnson/Police Dispatcher Marcus Macias/Police Officer March 27, 2001 March 27, 2001 xc: Chief DiCerchio RCD:Im Employee Intro ® Recycled Paper Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor April 5, 2001 Mr. Patricio Flores 5988 Altamont Drive San Diego, CA 92139-1508 Dear Mr. Flores: This letter is to notify you that in order to be considered for appointment to one of our City's Boards and Commissions, you are required by City policy to appear before the City Council for an interview. You are, therefore, requested to appear for consideration for appointment at our Council meeting on Tuesday, April 17, 2001 at 3.00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, GEORG 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 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 "7( (i) Planning Commission Civil Service Commission Port Commission Senior Citizens Advisory Board Traffic Safety Committee Parks & Recreation Advisory Board Ubrary Board of Trustees Serra Ubrary Systems Board Sweetwater Authority Street Tree & Parkway Committee San Diego County Water Authority Project Area Committee Housing & CommunityDevelopment Student Commissioner Committee "C2 ) Name: pi? (Last) Home Address: 5-9 ►- 74 N/1 t7 IN) f Birth Date 87 MAY 19S5- (First) (Optional) 192 S/nJ 92 t39-iP13 Telephone: Residence (6 t99 -4'7S - 3 76 2) Business/Work (19) 477-55 3 2 ) NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? `Z k SAN DIEGO COUNTY? 2- NATIONAL CITY? ARE YOU A REGISTERED VOTER: YES NO Colleges attended and degrees held, if any: tst1's%piJ/5ci._ V N 0/ s t y — 5 %Ni N1p44i 1Crrtrc,we ECGt ✓ MG 9A4,44o cat, ES=1-34op/N7trn) r (14it �Q(��N j 4 -fe,3 t;a44+tsiE1 2tpJG Related Professional or Civic Experience: a g; Mrs c t 4 J u L./ �a M ►t? art PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES OR COMMISSIONS: DATE:_ s t71 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 5, 2001 Mr. Frank DeSaracho 2145 Hoover Avenue National City, CA 91950 Dear Mr. DeSaracho: This letter is to notify you that in order to be considered for appointment to one of our City's Boards and Commissions, you are required by City policy to appear before the City Council for an interview. You are, therefore, requested to appear for consideration for appointment at our Council meeting on Tuesday, April 17, 2001 at 3:00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, fI-e GEORGE H. WATERS MAYOR GHW:nu ® Recycled Paper CITY OF NATIONAL CITY 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 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 intomuton 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) f Planning Commission "�' Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority Housing & Community Develop�meltt Committee # � err �(n SOjctCI4QName: D-e•, �'`" kks` (Last) Home Address: a I ) 6 )/ o&r' , i am {x-- BirthDate (First) � � � �G/�� (Optio al) 1 Telephone: Residence ( 6/VE 477- 924 ) Business/Work ( 7" 9YO9 NUMBER OF YEARS YOU HA ED IN: .06 CALIFORNIA? �}$ SAN DIEGO COUNTY? NATIONAL CITY? 20 ARE YOU A REGISTERED VOTER: YES X. NO any: ttend5d`anddegrees held, • Vn Related Profes ' al or ivic Experience: � ioS IAA 2 (9/i/A-P 44,4" z&iaje,oe.) PLEASE INDICATE BELOW ANY FURHER INFORMATION THAT WILL BE OF VALUE REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES OR COMMISSIONS: RETURN COMPLETED FORM TO: THE CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950 Memo To: COUNCILMEMBERS From: MAYOR WATERS Date: March 23, 2001 Re: PLANNING COMMISSION APPOINTMENTS The City Attorney has recommended that we pull the Council item regarding the Planning Commission appointments until April . You will be notified of the date as soon as there are some clarifications concerning the appointments. If you have any questions, contact the City Attorney. All candidates have been notified there will not be any Planning Commission appointments next week. • Page 1 \ City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, III • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 March 26, 2001 Alma Graham 903 Ethel Place National City, CA 91950-4110 RE: Concurrent Service as School Board Member and City Planning Commissioner Dear Ms. Graham: As we discussed during our telephone conversation last week, I recently learned that you have submitted an application for a position on the National City Planning Commission. I indicated to you my concern that your position on the Planning Commission could be considered an incompatible office with respect to your current position on the Board of the National School District Although my opinion on this issue is not legally binding, I would feel compelled to express it to the City Council at such time as they consider your appointment, and as a courtesy I also believe that I should convey my opinion to you. For your information, I have enclosed a written opinion of mine in which I concluded that the offices of school board member and city councilmember were incompatible. In my written opinion, I discuss the nature of the concept of incompatibility of offices, as well as the consequences resulting from an incompatibility. I believe many of the considerations involved in concurrent service as a school board member and city councilmember are also involved where there is concurrent service . as a school board member and city planning commissioner. I have also enclosed a copy of a California Attorney General's Opinion in which it is concluded that the offices of county planning commissioner and member of the county board of education are incompatible. ® Recycled Paper Alma Graham March 26, 2001 Page Two Please feel free to provide copies of these enclosures to the legal counsel for the National School District. I am also available to discuss this matter further with you or the District's counsel. Very Truly Yoius, gdm: VC GEORGE H. EISER, III City Attorney GHE/gmo Enclosures cc: Mayor and City Council Assistant City Manager„/ Dr. George Cameron, National School District City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950 George H. Eiser, III • City Attorney (619) 336-4220 FAX (619) 336-4327 TDD (619) 336-1615 TO: City Clerk DATE: May 7, 1998 FROM: City Attorney RE: Concurrent Service as School Board Member and City Councilmember; Incompatibility of Offices ISSUE You have met with an individual who plans to be a candidate for City Council in November, and who is currently an elected member of the Governing Board of the National City School District. You have requested a legal opinion as to whether the positions of school board member and city councilmember are incompatible. DISCUSSION At common law, the simultaneous holding of incompatible public offices is prohibited. Offices are incompatible if there is "any significant clashof duties or loyalties between the offices, if the dual office holding would be improper for reasons of public policy, or if either office exercises a supervising, auditory, or removal power over the other." (38 Ops. Cal. Atty. Gen. 113). The common law doctrine of incompatibility applies only to public "offices," and not to public "employees." (67 Ops. Cal. Atty. Gen. 409). If only one position is a public office, then there is no issue of incompatibility at common law. While it is sometimes difficult to differentiate between the two terms, a position is more likely to be considered an "employment" where the person is hired rather than elected or appointed, the duties are not specified by statute, the person is referred to as an employee, there is no fixed "term of office," the person does not establish policy, and the person does not exercise legislative, executive, or judicial functions. (67 Ops. Cal. Atty. Gen. 409, 410-411). ® Recycled Paper City Clerk May.7, 1998 Page Two Where a common law incompatibility exists, abstention is not available to cure the incompatibility; rather, the office first held is automatically vacated. (66 Ops. Cal. Atty. Gen. 382). The positions of school district board member and city councilmember are both "offices" (73 Ops. Cal. Atty. Gen. 183; 37 Ops. Cal. Atty. Gen. 21; 65 Ops. Cal. Atty. Gen. 606) within the context of the doctrine of incompatibility. A number of potential conflicts between the duties of school board member and city councilmember exist, and include the following: 1. Under the Education Code, contracts between the district and the city are authorized for the following purposes: community recreation (Ed. Code Section 49402); library services (Ed. Code, Section 18134-18136); the sale, lease, or dedication of real property (Ed. Code Sections 17489, 17527, 17556). 2. In eminent domain proceedings, either public body may condemn property of the other where a superior use can be shown. (Code Civ. Proc. Section 1240.610). 3. School districts may dedicate real property to cities for certain public purposes. (Ed. Code Section 17556). 4. In the establishment of a city master plan, the city may chart the location of future schools. (Gov. Code Section 65302, subd. (a); see 56 Ops. Cal. Atty. Gen. 488(1973). The California Attorney General has concluded that the offices of school board member and city councilmember are incompatible where, as in the present case, the city and the school district have territory in common. (73 Ops. Cal. Atty. Gen. 354). CONCLUSION Because the positions of city councilmember and school board member are "offices," and because of the potential conflicts between the duties of those offices, it is my opinion that the positions of city councilmember and school board member are City Clerk May 7, 1998 Page Three incompatible. Should one individual hold both offices concurrently, the office first held would automatically be vacated. The conclusions set forth in this memorandum are advisory only. This memorandum does not have any binding effect nor confer any immunity should the issues dealt with herein arise in the context of legal proceedings. - le ged: GEORGE H. EISER, III City Attorney GHE/gmo fwncompatibUity PAGE 2 79 Op. Atty Gen. Cal. 155 printed in FULL format. OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF CALIFORNIA No. 95-1008 1996 Cal. AG LEXIS 22; 79 Op. Atty Gen. Cal. 155 July 8, 1996 CORE TERMS: county board, incompatible, planning, duties, planning commission, supervisory, loyalties, school district, clash, general plan, serving, public office, public policy, common law, automatically, educational, placement, auditory, removal, vacate, dual, county superintendent, school facilities, governing board, consistency, ordinance, regular, zoning, site REQUESTBY: [*1] DANIEL E. LUNGREN, Attorney General (MAXINE P. CUTLER, Deputy Attorney General) OPINION: THE HONORABLE CHARLES R. MACK, COUNTY COUNSEL, YOLO COUNTY, has requested an opinion on the following question: May a county planning commissioner simultaneously serve as a member of the county board of education? CONCLUSION A county planning commissioner may not simultaneously serve as a member of the county board of education. ANALYSIS We are asked to determine whether the common law prohibition against a person holding "incompatible public offices," applicable in California (Mort v. Horstmann (1950) 36 Ca1.2d 388, 391; People ex rel. Chapman v. Rapsey (1940) 16 Ca1.2d 636, 644), precludes a county planning commissioner from serving simultaneously as a member of a board of education. We conclude that these offices are incompatible, and thus a person may not serve in both capacities at the same time. Initially we note that no constitutional or statutory provision prohibits an individual from simultaneously serving as a county planning commissioner and as a member of a county board of education. With respect to the common law prohibition, we summarized the principles governing its application [*2] in 66 Ops. Cal.Atty. Gen. 176, 177178 (1983) as follows: "'Offices are incompatible, in the absence of statutes suggesting a contrary result, if there is any significant clash of duties or loyalties between the offices, if the dual office holding would be improper for reasons of public policy, or if either officer exercises a supervisory, auditory, or removal power over the other.' (38 Ops.Cal.Atty. Gen. 113 (1961).) 1996 Cal. AG LEXIS 22, *2; 79 Op. Atty Gen. Cal. 155 PAGE 3 LEXSEE "The policy set forth in People ex rel Chapman v. Rapsey, supra, 16 Ca1.2d 636 comprehends prospective as well as present clashes of duties and loyalties.(See 63 Ops. Cal.Atty. Gen. 623, supra.) . . . Neither is it pertinent to say that the conflict in duties may never arise, it is enough that it may, in the regular operation of the statutory plan. . . . ' (3 McQuillin, Municipal Corporations (3d Ed. 1973,@ 12.67, p. 297.) "'Only one significant clash of duties and loyalties is required to make. . . offices incompatible . . . . ' (37 Ops.Cal.Atty. Gen. 21, 22 (1961).) Furthermore,'the existence of devices to avoid. . . [conflicts] neither changes the nature of the potential conflicts nor provides assurance that they would be employed.(38 Ops.Cal.Atty. [*3] Gen. 121, 125 (1961).) Accordingly, the ability to abstain when a conflict arises will not excuse the incompatibility or obviate the effects of the doctrine. A public officer who enters upon the duties of a second office automatically vacates the first office if the two are incompatible. (People ex rel Chapman v. Rapsey, supra, 16 Ca1.2d 636, 644.) Both positions, however, must be offices. If one or both of the positions is a mere employment as opposed to a public office, the doctrine does not apply.. (See 58 Ops. Ca1.Atty. Gen. 109, 111 (1975).)'" Applying these principles, we find that a county planning commissioner and a member of a county board of education hold public office for purposes of the incompatible offices prohibition.(Gov. Code,@ 1001; People v. Elliot (1953) 115 Cal. App.2d 410, 415; 64 Ops. Cal.Atty. Gen. 288 (1983); 31 Ops. Cal.Atty. Gen. 170 (1958).) n1 Hence the issue to be resolved is whether there is an incompatible conflict between the two:(1) whether the functions and duties of the two might produce a significant clash of loyalties,(2) if the dual office holding would be improper for reasons of public policy, or (3) if either officeholder would [*4] exercise a supervisory, auditory, or removal power over the other. nl A11 references hereafter to the Government Code are by section number only. 1. County Planning Commissioner A county planning commission is responsible for the preparation and implementation of the county general plan (@@ 65300-65302, 65400), which designates the uses of land in the county for various purposes, including education, public buildings, and grounds (@ 65302, subd. (a). Several functions of a county planning commission pertain directly to school districts. For example, the planning commission reviews all proposed public works for conformity with the general plan, including those proposed by the governing board of a school district.(@ 65401.) A five-year capital improvement program prepared by a school district must be referred to the planning commission for review as to its consistency with the general plan and any applicable specific plans.(@ 65403.) With respect to school facilities built with state funds, the planning commission "shall consider in its review for approval information relating to attendance area enrollment, adequacy of the site upon which the construction is proposed, safety [*5] features of the site and proposed construction, and present and future land utilization. . 1996 Cal. AG LEXIS 22, *5; 79 Op. Atty Gen. Cal. 155 PAGE 4 LEXSEE "(@ 53091.) A planning commission also typically hears and decides a ications for conditional use permits and variances from zoning oi_.nances.(@@ 65900-65906.) 2. The County Board of Education The county board of education has supervisory duties over the county superintendent of schools in the operation of district schools.(Cal. Const. art., IX, @ 3.1; Ed. Code @@ 1040, 1042, 1043, 1080.) The specific duties and responsibilities of a county board of education include the establishment and maintenance of community schools.(Ed. Code, @ 1980.) In so doing, the board is "deemed to be a school district." (Ed. Code, @ 1984.) Section 53094 provides that "the governing board of a school district . . may render a city or county zoning ordinance inapplicable to a proposed use of property by such school district. . . ." 3. Clashes of Duties and Loyalties We have previously found that holding the office of county planning commissioner would be incompatible with simultaneously holding various other public offices.(See, e.g., 64 Ops. Cal.Atty. Gen. 288 (1981) [county planning commissioner and [*6] county water district director]; 58 Ops. Cal.Atty. Gen. 323 (1975) [county planning commissioner and hospital district director]; 56 Ops. Cal.Atty. Gen. 488 (1973) [county planning commissioner and school district trustee].) We have also found that serving on a county board of education would be incompatible with simultaneously serving on the State Board of Education.(31 Ops. Cal.Atty. Gen. 170 (1953).) county planning commission and a county board of education both have an interest in the location of educational facilities. The county planning commission must consider educational facilities in relation to the general plan (@ 65302 subd. (a) and any implementing specific plan (@ 65451, subd. (a). The county board of education, when establishing and maintaining community schools, may invalidate county zoning ordinances.(Ed. Code,@@ 1984, 53094; People ex rel. Cooper v. Rancho Santiago College (1990) 226 Cal.App.3d 1281, 1286.) What the county board of education considers to be in the best interests of the public in the placement of community schools may differ from that of the planning commission in determining consistency with the county's general plan. We believe that any [*7] decision relating to the siting of community schools would present a "significant clash of duties and loyalties"(37 Ops. Ca1.Atty. Gen. 21, 22 (1961)"'in the regular operation of the statutory plan"' (66 Ops.Cal. Atty. Gen., supra, at 177) so as to disqualify a person from holding both offices. Moreover, to the extent that land use decisions regarding the placement of school facilities may be made by the county superintendent of schools, the county board of education does have a supervisory role regarding the superintendent's activities. We have previously found two offices to be incompatible where, although one office does not directly interact with the other, each office has a supervisory relationship with a third office.(78 Ops. Cal.Atty. Gen. 316 (1995) [county board of supervisors and Board of Governors of the California Community Colleges incompatible due to each office's supervisory relationship with community college districts].) This additional consideration fully supports our conclusion that the two offices in question are incompatible. 1996 Cal. AG LEXIS 22, *7; 79 Op. Atty Gen. Cal. 155 PAGE 5 LEXSEE For the foregoing reasons, we conclude that a county planning commissioner may not simultaneously serve on a county board of education. [*8] A planning commissioner who enters upon his or her duties as a member of a county board of education would automatically vacate the first office. City of National City, California COUNCIL AGENDA STATEMENT °ETING DATE APRIL 17, 2001 AGENDA ITEM NO. 1 (-ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT" WITH TETRATECH ASL, INC. TO PROVIDE "AS NEEDED" CIVIL ENGINEERING CONSULTING SERVICES FOR THE CITY'S CAPITAL IMPROVEMENTS PROJECTS PREPARED BY Michael Long EXPLANATION DEPARTMENT Engineering See attached Environmental Review Financial Statement Funding source will vary depending on the specific Capital Improvement Projec STAFF RECOMMENDATIO Adopt the Resolution auth ASL, Inc. ay BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) I1. Resolution 2. Agreement Account No. x-c t_` het agreement between the City and TetraTech Resolution No. 2001-49 A-200i(9/80) RESOLUTION NO. 2001— 49 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH TETRA TECH ASL, INC., TO PROVIDE "AS NEEDED" CIVIL ENGINEERING CONSULTING SERVICES FOR THE CITY'S CAPITAL IMPROVEMENT PROJECTS WHEREAS, the City desires to employ a consultant to provide "as needed" civil engineering services for the City's Capital Improvement Projects, and WHEREAS, the City has determined that Tetra Tech ASL Inc. is a professional civil engineering firm and 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 Tetra Tech ASL Inc. to provide "as needed" civil engineering services for the City's Capital Improvement Projects. Said Agreement is on file in the office of the City Clerk. PASSED and ADOP Ili) this 17th day of April, 2001. George IL Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney XXPLANATION: On February 5, 2001 the City issued a Request for Qualifications seeking two Civil Engineering Consultants to perform Civil Engineering Services for various Capital Improvement Projects. We received statements from eleven very qualified firms. The firms are as follows: • BDS Engineering • Dokken Engineering • Powell PBS&J • Winsler & Kelly Engineers • Nasland Engineering • Martin and Martin • Tetra Tech ASL • Burkett & Wong, Eng. • Project Design Consultant • Harris and Associates • Johnson Frank & Assoc. 6859 Federal Boulevard, Lemon Grove, CA 91945 9665 Chesapeake Drive, Suite 435, San Diego, CA 92123 175 Calle Magdalena, Encinitas, CA 92024 9666 Business Park Avenue, Suite 103, San Diego, CA 92131 4740 Ruffner Street, San Diego, CA 92111 7801 Mission Center Ct., Suite 400, San Diego, CA 92108 10815 Rancho Bernardo Road, Suite 200, San Diego, CA 92127 3434 Fourth Avenue, San Diego, CA 92103 701 B Street, Suite 800, San Diego, CA 92101 17140 Bernardo Center Drive, Suite 212, San Diego, CA 92128 5150 E. Hunter Avenue, Anaheim, CA 92807 The selection committee, consisting of City Engineer/Acting Public Works Director, Burton S. Myers, %2 Principal Civil Engineer/Acting Deputy Public Works Director, Stephen M. Kirkpatrick, and Associate Civil Engineers, Michael J. Long and Din Daneshfar, has agreed upon the two most qualified firms to provide the ,services. We have found that BDS Engineering, Inc. and Tetra Tech ASL, Inc. are professional Civil 3ngineering firms and are qualified by experience and ability to perform the required services. The length of the contracts will be three years. Attached, in triplicate, is the recommended contract to retain TetraTech ASL, Inc. as one of the two "as needed" consultants. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TETRA TECH ASL, INC. ORIGINAL THIS AGREEMENT is entered into this 17th day of April 2001 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Tetra Tech ASL, Inc. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to perform Civil Engineering Services for the Capital Improvement Projects. WHEREAS, the CITY has determined that the CONTRACTOR is a Professional Civil Engineering firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to r engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CITY will request a variety of project development services using the form attached herein as Exhibit "C". All pertinent information will be included in the request for sevices. The CONTRACTOR shall provide the costs for the specific services requested for review and approval prior to any services being performed. The project dependent costs provided shall be based on the unit costs listed in Exhibit "B". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 3. PROJECT COORDINATION AND SUPERVISION. Mr. Stephen M. Kirkpatrick hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Mr. C. Howard Arnold thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "C" shall not exceed the schedule given in Exhibit "B" (Base amount) without prior written . authorization from the City's Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "C" as determined by the CITY. The CON TRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of -this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. The length of this agreement is (3) three years. Projects will vary in their scheduling needs and the Contractor will be notified of the project schedule at the time of the request for services. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR assigns to the CITY and thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. Page 2 Revised 5/99 The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The CONTRACTOR is not an employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all State and Federal statutes and regulations, and all ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and its Page 3 Revised 5/99 subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. The CITY expects that the CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. The CONTRACTOR warrants to the CITY that it is not now, nor has it been for the five (5) years preceding, involved in arbitration or litigation concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants Page 4 Revised 5/99 for employment any notices provided by the CITY setting forth the provisions of this non- discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRAC- TOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. Page 5 Revised 5/99 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain throughout the term of this agreement, the following insurance policies: A. Professional liability insurance with minimum limits of $1,000,000 per B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of ,$1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of its employees and E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and fmancial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal fmancial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be. entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. occurrence. volunteers. Page 6 Revised 5/99 For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. Page 7 Revised 5/99 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Burton S. Myers City Engineer City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Mr. C. Howard Arnold, P.E. Senior Manager/Principal Tetra Tech ASL, Inc. 108150Rancho Bernardo Road, Suite 200 San Diego, CA 92127 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any Page 8 Revised 5/99 financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery, of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. - Exhibit A - Scope of Services Exhibit B - Fee Schedule Exhibit C - Engineering Service Request Form F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. Page 9 Revised 5l99 K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. TETRA TECWASL, INC. By: Pice OB esident/Vice President By: L' ��%I € i% G /vvT"' Secretary/Asst. Secretary/CFO/Asst. Treasurer CITY OF NATIONAL CITY By: George H. Waters, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney Page 10 Revised 5/99 EXHIBIT A SCOPE OF SERVICES Tetra Tech ASL, Inc. will provide Civil Engineering Services for the City's various Capital Improvement Projects. These services shall include: 1. Services shall consist of providing civil engineering consulting services during design and construction phases of the City's Capital Improvement Projects. Services may include but not limited to the following: - Records of Survey - Topographic Survey - Monument Replacement - Legal Descriptions Corner Records - Map Checking - Court Exhibit Survey - Street Improvement Design - Sewer and Storm. Drain Improvement Design Hydrology and Hydraulic Studies Pavement Resurfacing Design Roadway Replacement/Repair Construction Support and Inspection 2. Projects may vary in scope and magnitude. The City is not obligated to contract all the Civil Engineering services to the retained consultant. 3. Request for services will be made on a project by project basis. Firms should be capable of providing a proposed fee and schedule within seventy-two (72) hours after receipt of request for services. 4. All services provided shall be accomplished according to the Project Drawings and Specifications, which may include San Diego Area Regional Standard Drawings, Standard Specifications for Public Works Construction, and Caltrans Standard Specifications and Drawings, etc. governing a particular project, and in accordance with Subdivision Map Act, Land Surveyors Act, and all other codes and practices applicable to the profession of surveying. 5. All reports and pertinent data obtained under the agreement between the City and the Consultant shall be the property of the City and may not be used or reproduced in any form without the explicit written permission of the City. Survey cut sheets should be available in the field at the time of providing the service. In any case, survey cut sheets shall be available no later than the next working day. 6. The Consultant shall certify a properly executed affidavit that they will not perform any work for the City that could lead to a conflict of interest. The Consultant shall notify the City of any possible conflicts of interest prior to performing work requested by the City. A conflict of interest may include, but is not limited to having a financial interest in any projects where services are requested, or consulting or performing work for the developers, investors, engineers, contractors, or materials suppliers of projects where services are requested. The City has the option to rescind and void the contract in the event that the selected firm fails to properly notify the City of a possible conflict of interest. 7. The engineering services shall be provided efficiently and in timely fashion. All engineering services shall be performed on the basis of a standard schedule of fees. 8. Payment will be made base upon itemized billing submitted in accordance with this agreement and after submittal of acceptable formal reports, designs, studies, or cut sheets. Billing should be submitted with and make reference to each individual project, itemized as to unit cost and total billed. Project name, specification number, start date, and the name of the person that requested the service shall be identified on each bill. Bills that are not complete as required by this section shall be returned unpaid. 9. Should either party fail to uphold the contract in any part and the situation not be resolved by negotiation, the contract may be voided by written action of either party. TETRA TECH INC. EXHIBIT "B" HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Professional Engineering Intent/Technician $ 42.00 Designer/CAD Operator/Engineer I $ 78.00 Engineer II and M/Senior Designer $ 87.00 Planner $ 90.00 Senior Engineer $ 97.00 Project Engineer/Project Coordinator $110.00 Project Manager/Sr. Project Coordinator$ 125.00 Senior Project Manager $140.00 Principal -in -Charge $165.00 Administrative Administrative Clerk $ 35.00 Word Processor/Admix Support $ 52.00 Graphic Designer $ 85.00 Survey/Maiming Survey Technician $i 85.00 Surveyor/Field Supvsr./Sr. Survey Tech$ 95.00 Two -Person Survey Party $168.00 Two -Person Survey Party with GPS $ 205.00 Three -Person Survey Party $ 245.00 Survey Travel Time (Two -person) $ 80.00 Survey Travel Time (Three -person) $115.00 Construction Construction Observer $ 68.00 Senior Construction Observer $ 74.00 Resident Engineer $100.00 Construction Manager $130.00 Reproduction, special photography, postage, delivery services, express mail, out -of -area telephone calls, printing and any other services performed by subcontractor, will be billed at cost plus 15%. Reimbursable In -House Costs Photo Copies (B&W) $0.10/Each Color Copies (up to 8.5"xl 1 ") $1.50/Each Color Copies (to 11"x17") $2.50/Each Blueprints $ 0.35/S.F. Computer Time $10.00/Hour Mileage $ 0.40MTile Forensic Engineer $200.00 Court Appearances, Expert Witness Testimony, Depositions, and Preparation for Testimony $250.00* *Minimum $1,000.00 for half day plus expenses. NOTE. All . ,t �Ya. ��ca i�vc l� O�LuLca 1, 2001. City of National City Civil Engineering Consulting Services 7 -2 Tetra Tech ASL BERGGREN & ASSOCIATES LAND SURVEYING AND RIGHT OF WAY MAPPING 6046 Cornerstone Ct. West, Suite 116 San Diego, CA 92121 (858) 824-0034 Fax: (858) 824-0036 Compensation Rate Schedule for Tetra Tech ASL Civil Engineering Consultant Services City of National City SURVEYING SERVICES: Land Surveyor $85.00 Survey Technician $66.00 2-Man Field Survey Crew $135.00 2-Man Field Crew Prevailing Wages $165.00 OFFICE SUPPORT SERVICES: Office Technician $32.00 MISCELLANEOUS SERVICES AND EXPENSES: Expert Testimony/Court Appearance $170.00 Outside Services Cost Material and Other Expenses Cost Notes: Hourly billing rates include overhead, profit, employee social security, Workman's Compensation, and State and Federal Unemployment Tax. Rates indicated above are for Non -Prevailing Wage projects except as shown. Overtime will be billed for employees at the basic rate plus 25%. Overtime is defined as the excess above 8 hours on weekdays and all Saturdays, Sundays and holidays. SOUTHERN CALIFORNIA SOIL & TESTING, INC. Confidential Schedule of Fees for Professional Services Effective February 15, 2001 Southern California Soil & Testing, Inc. (SCS&T), agrees to provide professional engineering services on a time and materials basis. The fees for these services are invoiced at the unit rates listed below. SCS&T's standard terms and conditions are provided on page four. PROFESSIONAL SERVICES Principal Engineer/Principal Geologist $135 Associate EngineedAssociate Geologist 120 Senior Engineer/Senior Geologist 105 Project Engineer/Project Geologist 90 Staff Engineer/Staff Geologist 75 Expert Witness Testimony 275 Field Technician Supervisor $751"95 Engineering Field Technician w/Nuclear Density Gauge or Mobile Lab 67/117 Engineering Field Technician w/Ultrasonic Equipment 60/`80 Engineering Field Technician 57!'77 Inspector Supervisor $801100 Registered Pile Driving Inspector tiorio0 Registered Special Inspector 58/`78 Roofing Inspector 58P78 Coring Asphalt or Concrete $140P160 Drafting 55 Word Processing 40 Sample Pick Up (San Diego County) 45 wailing wage projects. LABORATORY TESTING Soils Classification (USCS) $140 Plasticity Index (ASTM D424) 90 Sieve Analysis, Washed (ASTM D422) 55 Hydrometer Analysis (ASTM D422) 75 Maximum Density/Optimum Moisture 4" mold (ASTM D1557) 140 Maximum Density/Optimum Moisture 6" mold (ASTM D1557) 160 Natural Density, Ring Samples 22 Natural Density, Chunk Samples 27 One Dimension Consolidation, per point (ASTM D2435) 35 Collapse Potential 75 Expansion Index (UBC 29-2) 125 Direct Shear, Three Points, Normal Speed 130 Direct Shear, Two Points, Slow Speed 250 Residual Shear 300 Resistance Value (Cal 301) 195 Resistivity and pH 110 Sulfate Content 80 Aggregate Sieve Analysis, Coarse (ASTM C136) $40 Sieve Analysis, Fine Washed (ASTM C136) 50 Percent Passing Sieve #200 (ASTM C117) 45 Specific Gravity, Coarse (ASTM C127) 45 Specific Gravity, Fine (ASTM C128) 50 Organic Impurities (ASTM C40) 40 Soundness, 5 Cycles, Sodium Sulfate (ASTM C88) per size 80 100 Clay Lumps and Friable Particles (ASTM C142) 80 Abrasion by L.A. Rattler (ASTM C131) 150 Cleanness Value, minus 1" (Cal 227) 60 Durability Index (Cal 229) 150 Sand Equivalent (Cal 217) 55 Percent Crushed Particles (Cal 205) 80 Absorption, Coarse or Fine 25 Lightweight Pieces (ASTM C123) Southern California Soil 8 Testing, Inc. Schedule of Fees Effective Febrary 15, 2001 $90 Asphalt Concrete Maximum Bulk Specific Gravity (Cal 308) Maximum Theoretical Specific Gravity (ASTM D2041) 90 0 Bulk Specific Gravity, Cores (ASTM D1188) 4 Sieve Analysis Extracted Aggregate (ASTM D2172) 60125 Percent Bitumen 100 Stability and Flow, Fabricate & Test (ASTM D1559) 0 Stabilometer (Cal 304) 11000 Film Stripping (ASTM D1664) 100 Percent Swell (Cal 305) 40 Concrete Mix Design or Review 18 Compressive Strength, 6"x12" Cylinders (ASTM C39) Compressive Strength, Core 1440 Compressive Strength, Shotcrete Panel 3 Cores (UBC 1922.10) 5 50 Splitting Tensile Strength, 6"x12" Cylinder (ASTM C496) 5 Flexural Strength, 6"x6"x24" Beam (ASTM 0 C78) 50 Length Change, 3 Bars, 4 Readings (Cal 537) 230 5 Masonry Compressive Strength, Block 8"x8"x16"(ASTM C140) 35 Compressive Strength, Prisms 8"x16"x8" or smaller 175 Compressive Strength, Prisms Larger than 8"x16"x8 (ASTM E447) 8 Compressive Strength, Grout 3"x3"x6" (UBC 24-26) (ASTM E447) Compressive Strength, Mortar 2"x4" (UBC 21-16) 18 118 Linear Shrinkage, Block (ASTM C426) 75 40 Efflorescence, Block (ASTM C67) $50 Metals Tensile Strength, #3 - #8 Reinforcing Steel (ASTM ES) 50 Tensile Strength, #9, 10, 11 Reinforcing Steel (ASTM E8) 60 Bend Test, #3 - #11 Reinforcing Steel (ASTM E8) TERMS AND CONDITIONS Field services will be charged from portal to portal with the following minimum charges: • Aone hour minimum charge will be A two hour show -up charge will be applied ed to any service canceled after 4:00 PMplied to materials sampling and sample ups. • the previous day. • A four hour minimum charge will be applied to field inspection. • A six hour charge will be applied to all field services requiring between four and six hours. • An eight hour charge will be applied to all field services requiring between six and eight hours. • Work in excess of twelve hours in a day will be charged in one hour increments at 2.0 times the standard rate. - Work performed by field or laboratory personnel prior to 7:00 AM, after 5:00 PM and on Saturdays, will be charged at 1.5 times the standard rate. Work performed on Sundays or company recognized holidays will be charged at twice the standard rate. Company recognized holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas Day. Rental of special equipment or employment of subcontracted services will charged at cost plus 20 percent. Per diem charges will be applied to projects outside a 50-mile radius of our office. Mileage will be charged at the rate of 35 cents per mile for distances over 50 miles from the location of dispatch. u Invoices for all services completed or in progress will be submitted bi-monthly. These invoices . A financedue in full ll upon presentation to the client. Invoices outstanding over 30 days will be considered pastdue computed at the rate of 1.5 percent per month, which is an annual rate of 18 percent, and charged on all past due accounts. Any attomey's fees or other costs incurred in the collection of delinquent accounts shall be paid by the party invoiced. Southern California Soil and Testing, Inc. warrants that our services are performed in accordance with the standards of practice for the Geotechnical Engineering and the Materials Engineering professions at the given time. No other warranty or reresentation, either Our pr ssi na services are rendered the guidance of our clientsintendedess or implied, is included or in theirconomic and personal in our prposals, affairs orts or nly. ntracts. e EXHIBIT "C" ENGINEERING DEPARTMENT ENGINEERING SERVICE REQUEST FORM DATE: REQUEST NO. Phone No: Fax No: PROJECT TITLE: SPECIFICATION NO.: PROJECT ACCOUNT NO.: PURPOSE OF THE CIVIL ENGINNEERIG SERVICE: PLEASE PROVIDE THE FOLLOWING SERVICE (SPECIFY LIMIT AND DETAIL OF SERVICE): REQUESTED BY: DATE: APPROVED BY: DATE: City Engineer or Principal Civil Engineer Faxed On: AGORA, PRODUCER Lyons Insurance Agency, Inc. Powdermill Square 3844 Kennett Pike, Suite 210 Wilmington DE 19807 Phone:302-658-5508 Fax:302-658-1253 INSURED CERTIFICATE OF LIABILITY INSURANCcSLCO 113. MCI DA04/05 01 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE IHOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Tetra Tech ASL PasadenaFCA 91107B1vd. Ste 350 IINSURER A: Hartford Insurance INSURER B: Twin City Fire Insurance Co. 'INSURER C: (INSURER D: INSURERE: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR A TYPE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE ui OCCUR X GENL AGGREGATE LIMIT APPLIES PER: POLICY X JECT LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS XI HIRED AUTOS X NON -OWNED AUTOS 1 1 POLICY NUMBER 44UUNFU3205 44UENFU3301 1 PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT 10/01/00 j 10/01/01 1 (Eaaccident) I BODILY INJURY i (Per person) POLICEFFECTIVEY I POLICY (MIDP EXPIRATION)) I 1 EACH OCCURRENCE LIMITS 10/01/00 10/01/01 ;FIRE DAMAGE (Any onefire) MED EXP (Any one person) I$1000000 1$300000 $ 10000 PERSONAL BADV INJURY 1 $ 1000000 GENERAL AGGREGATE I $ 2000000 I$ 2000000 $1000000 1 BODILY INJURY (Per accident) • PROPERTY DAMAGE 1 (Per accident) $ 1____IGARAGE LIABILITY ANY AUTO !AUTO ONLY - EA ACCIDENT i OTHER THAN i AUTO ONLY: EXCESS LIABILITY A X I OCCUR DEDUCTIBLE j_ CLAIMS MADE j - RETENTION $ 44XHUFU0785 EA ACC $ AGGi$ EACH OCCURRENCE $ 5000000 10/01/00 10/01/01 AGGREGATE . $ 5000000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY '44WSRMP° WCSIAIU- iOIH- TORY LIMITS; I ER I 00 , 10/01/01. E.L EACH ACCIDENT 5 Is1000000 ........, - -. . B 10/01/00 10/01/01 E.L. DISEASE - EAEMPLOYEEI $1000000 , , 44WNMP3351 E.L. DISEASE - POLICY LIMIT j $ 1000000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES!EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS City of National City, its officers, employees, & volunteers are included as additional insureds as respects General Liability & Auto Liability coverage s only. The above coverages are primary and non-contributory. As respects Workers Compensation Coverage only, Hartford/Twin City agrees to waive its rights of Subrogation. CERTIFICATE HOLDER I Y ' ADOmONAL INSURED; INSURER LETTER: _ CANCELLATION CTYNATC City of National City Office of City Engineer Michael Long 1243 National City Blvd. National City CA 91950-4397 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIP^gN INSURER WILLS MAIL 30 DAYS WRI DATE THEREOF, THE ISSUING NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHo REPRESENTATIV /[1s_%°.' CdACORD CORPORATION 1988 ACORD 25-S (7197) ACORD CERTIFICATE OF LIABILITY INSURANCk OP ID M� DATE (MMIDD(YY) LCO-1 04/05/01 PRODUCER Lyons Insurance Agency, Inc. Powdermill Square 38A" 'Yennett Pike, Suite 210 Wi, igton DE 19807 Phone:302-658-5508 Fax:302-658-1253 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Tetra Tech ASL 3280 E. Foothill Blvd. Ste 350 Pasadena CA 91107 INSURER A: Greenwich Insurance Company INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND COMMONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRI i POLICY -EFFECTIVE] DATE I TYPE OF INSURANCE POLICY NUMBER - DATE (MMIDDIYY) POLICY -EXPIRATION - DATE (MMIDDIYY) LIMITS I 1-1 GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ !—, CLAIMS MADE I I OCCUR MED EXP (Anyone person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY 1 1 JECT : LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS - - I i COMBINED SINGLE LIMIT (Ea accident) $ ..— BODILY INJURY (Per person) $ I- BODILY INJURY (Per accident) .,,� PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ --' EA ACC OTHER THAN $ AUTO ONLY: AGG $ EXCESS LIABILITY OCCUR i CLAIMS MADE _ DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ I $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC Y U N- O TH- 1 TORLIMITS I 1 ER E.L. EACH ACCIDENT I $ E.L DISEASE - EA EMPLOYEEI $ E.L. DISEASE - POLICY LIMIT $ OTHER i A',Profess ./Pollution PEC0005771 10/01/00: 10/01/01 See Below IE&O Legal Liab For Limits DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS LIMITS: $2,000,000 Ea. Occ./$2,000,000 Agg. and $100,000 Retention Ea. Cl. CLAIMS MADE FORM: Maximum for all claims during the policy year. As needed Civil Engineering Capital Improvement Projects N ADDITIONAL INSURED; INSURER LETTER: CANCELLATION City of National City Office of City Engineer Michael Long 1243 National City Blvd. National City CA 91950-4397 ACORD 25S (7197) CTYNATC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIONI DATE THEREOF. THE ISSUING INSURER WILL ErdANT=Patn MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHOR{iE0 REPRESENTATIY T / ©ACORD CORPORATION 1988 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT April 17, 2001 AGENDA ITEM NO. 2 (-ITEM TITLE RESOLUTION AUTHORIZING SUBMISSION OF NATIONAL CITY'S TDA CLAIM FOR FISCAL YEAR 2002. PREPARED BY Alfredo Rios, Jr DEPARTMENT National City Transit EXPLANATION This resolution authorizes the submission of National City's Transportation Development Act Claim (TDA) for Fiscal Year 2002. It is anticipated that it will require a $2,327,000.00 in total operating funds of which $2,192,000.00 is planned for operations subsidy and $135,000.00 for capital purchases. The total operations fund does not include the amount to be received from the San Diego Paradise Hills route. The assessment for ADA Complementary Paratransit Service, $71,400, is deducted prior to calculating the Fiscal Year 2002 apportionment available allocation for the City. Environmental Review XX N/A M Financial Statement This action only involves TDA Funds and not t hig City of National City's General Fund. Account No. STAFF RECOMMENDATION Staff recommends approval. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) A-200 (9/80) Resolution No. RESOLUTION NO. 2001-50 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF CLAIMS, AGREEMENTS AND APPLICATIONS NECESSARY FOR THE RECEIPT OF TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FISCAL YEAR 2002 WHEREAS, the City of National City is eligible to receive Transportation Development Act (TDA) funds to operate transit services; and WHEREAS, the City of National City desires to continue the operation of National City Transit during fiscal year 2001-2002; and WHEREAS, it is anticipated that it will require $2,237,000 in operating funds and $135,000 for capital funds to finance National City Transit during fiscal year 2002; and WHEREAS, the City must file TDA claims and applications to the Metropolitan Transit Development Board (MTDB) and the San Diego Association of Governments (SANDAG) to be eligible to receive said funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Manager is hereby authorized and directed to execute all necessary agreements to receive said TDA funds nerecsary to finance National City Transit as follows: 1. Prepare and file a FY 2002 TDA Claim for $2,237,000 in operating funds and $135,000 for capital funds. 2. Provide other information as required. PASSED and ADOPTED this 17th day of April, 2001. AI"1'hST: George H. Waters, Mayor APPROVED AS TO FORM: Michael Dalla, City Clerk /0 ked.:. George H. Eiser, III City Attorney A. CLAIMANT' National City Transit TYPE OF CLAIM: (check one) ( ) Article 3 - Bicycle and Pedestrian Facilities (99234) ( X) Article 4 - Support Public Transportation Systems (99260) ( ) Article 4.5 - Community Transportation Services (99275) ( ) Article 8 - Multimodal Transportation Terminals (99400.5) ( ) Article 8 - Express Bus ServicesNanpool Services (99400.6) ( ) Article 8 - Local Street and Road Projects (99400) ( ) Article 8 - Commuter Ferry Service (99400.7) C. AMOUNT OF CLAIM Operations Capital Planning Other (specify) TOTAL: $2,192,000.00 $135,000.00 $0 $0 $2, 327, 000.00 D. CONDITIONS OF APPROVAL: It is understood by this Claimant that payment of the claim is subject to approval by SANDAG and to such monies being on hand and available for distribution, and to the provision that such monies and the interest earned on such monies subsequent to allocation will be used only for the purposes for which the claim is approved and in accordance with the terms of the allocation instructions. AUTHORIZED REPRESENTATIVE/CONTACT F. PAYMENT RECIPIENT (Signature) Alfredo Rios. Jr. (Print of type name) General Manager (Title) 522 W. 8th Street (Address) National City. CA 91950 (619) 474-7505 (Phone) (Date Signed) SANDAG USE ONLY: 1. Claim number 2. Date Approved 3. Resolution No. 4. Amount Approved for Payment 5. Amount approved for Reserve If Required: 6. Date Approved by MTDB 7. MTDB Resolution Number City of National City (Claimant) 1243 National City Blvd. (Mailing Address) National City. CA 91950 (City and zip code) ATTN: Mary Lou Matienzo (Name) Finance Director (Title) updated: 11/99 WORKSHEET FOR FUNCTIONAL DISTRIBUTION OF EXPENSE OBJECT CLASSES EXPENSE OBJECT CLASSES 010 041 042 160 VEHICLE NON -VEHICLE GENERAL OPERATIONS MAINTENANCE MAINTENANCE ADMINISTRATION 501. LABOR 01. Operators' Salaries & Wages 668.66 0 0 0 668.66 02. Other Salaries & Wages 0 213.12 0 84.7 297.82 502. FRINGE BENEFITS 85.46 20.76 0 11.6 117.82 503. SERVICES 179.69 119.31 0 39.15 338.15 504. MATERIALS & SUPPLIES 01. Fuel & Lubricants 10.00 276.00 0 0 286.00 02. Tires & Tubes 0 23.00 0 0 23.00 99. Other Materials & Supplies 6.10 230.90 0 28.05 265.05 505. UTILITIES 4.00 12.00 0 16.00 506. CASUALTY & LIABILITY COSTS 162.50 12.50 0 4.5 507. TAXES 0 0 0 0 508. PURCHASED TRANSPORTATION 0 0 0 0 509. MISCELLANEOUS EXPENSE 0 510. EXPENSE TRANSFERS 0 0 0 0 511. INTEREST EXPENSE 0 0 0 0 512. LEASES & RENTALS 0 0 0 0 513. DEPRECIATION 0 0 0 0 179.50 0 0 0 0 0 0 0 ANNUAL TDA CLAIM FORM Form A-10 SUMMARY OF REVENUES AND EXPENDITURES FOR OPERATIONS AND CAPITAL PROJECTS Operator: National City Transit Date Completed: 4/2/g1 Line OPERATING REVENUES AND EXPENDITURES Prior Year Actual FY00 Current Year Projected FY 9_1 Next Year Proposed FY Q2 Current to Next Year % Change 1 Total Revenue From Operations $1,144,000 $1,169,000 $1,221,000 4.4% 2 Total Operating Support $817,000 $1,059,000 $971,000 -8.3% 3 Total Operating Revenue (add lines 1 & 2) $1,961,000 $2,228,000 $2,192,000 -1.6% 4 Less: Total Operating Expenses Excluding Depreciation and Amortization $1,961,000 $2,228,000 $2,192,000 -1.6% 5 Net Operating Surplus (Deficit) (deduct line 4 from line 3) $0 $0 $0 r�ril C CAPITAL FUND BALANCE SUMMARY 6 Beginning Capital Fund Balance $220,060 $80,477 ' $0 7 Total Capital Funds Received (include capital reserve allocations) $174,636 $137,000 $135,000 8 Subtotal (add lines 6 & 7) $394,696 $217 477 $135,000 9 Less: Total Capital Expenditures $314,219 $217,477 $135,000 10 Ending Capital Fund Balance (deduct line 9 from 8) $80,477 $0 $0 updated. 11/99 ANNUAL TDA CLAIM FORM FORM A-20 SCHEDULE OF REVENUE PROVIDED FOR OPERATIONS Operator: National City Transit Date Completed: 4/2/01 Line Object Class No. SOURCES OF REVENUE PROVIDED FOR OPERATIONS Prior Year Actual FY00 Current Year Projected FY 01 Next Year Proposed FY Q2 Current to Next Year % Change REVENUE FROM OPERATIONS 1 401 Passenger Fare for Transit Service 1,074,000 1,157,000 1,215,000 2 402 Special Transit Fares 3 403 School Bus Revenues 4 404 Freight Tariffs 5 405 Charter Service Revenues 6 406 Auxiliary Transportation Revenues 7 407 Non -Transportation Revenues 70,000 12,000 6,000 8 Total Revenue from Operations 1,144,000 1,169,000 1,221,000 9 10 409 LOCAL CASH GRANTS & REIMBURSEMENTS 11 TDA Sales Tax 817,000 1,059,000 971,000 12 TransNet Operating Support 13 Other Local Support (see instruction #3) S.D. TDA 14 Total Local Cash & Reimbursements 817,000 1,059,000 971,000 15 16 411 STATE CASH GRANTS & REIMBURSEMENTS 17 State Transit Assistance - Population Formula 18 State Transit Assistance - Revenue Formula 19 Total State Cash Grants & Reimbursements 20 21 413 FEDERAL CASH GRANTS & REIMBURSEMENTS - 22 Section 5307 23 Section 5309 - 24 Other (specify) 25 Total Federal Cash Grants & Reimbursements 26 27 OTHER FUNDS PROVIDED FOR OPERATION 28 29 30 Total Other Funds Provided for Operation 31 32 Total Operating Support (add lines 134, 19, 25, 27) $817,000 $1,059,000 $971,000 32 TOTAL FUNDS PROVIDED FOR OPERATIONS (add lines 32, 8) 1,961,000 2,228,000 2,192,000 updated. 1/00 ANNUAL TDA CLAIM FORM Form A-21 SCHEDULE OF ACTUAL AND PROJECTED OPERATING EXPENSES C.pzrator: National City Transit Date Completed: 4/2/01. Object Class No. Prior Year Actual FY-00 Current Year Projected FY-01 Next Year Proposed FY-02_ Current to Next Year % Change 501 Labor .02 Operator's Salaries & Wages $561,000 $578,700 $668,660 .01 Other Salaries & Wages 153,000 129,300 213,120 502 Fringe Benefits 60,000 82,000 105,810 503 Services 427,000 573,000 299,000 504 Materials & Supplies .01 Fuel & Lubricants 205,000 278,000 286,000 .02 Tires & Tubes 12,000 22,000 23,000 .03 Other Materials & Supplies 231,000 230,000 237,000 505 Utilities 11,000 16,000 16,000 506 Casualty & Liability Costs 166,000 170,000 175,000 507 Taxes 88,402 51,226 65,000 508 Purchased Transportation 509 Miscellaneous Expense .01 General & Administrative 135,000 149,000 168,000 511 Interest Expense 512 Leases & Rentals (excluding transit vehicle lease costs) Total Operating Expenses Excluding Vehicle Lease Costs, Depreciation & 1,961,000 2,228,000 2192000 513 Depreciation 330,794 330,794 330,794 .13 Amortization T Transit Vehicle Lease Costs R Ridesharing Services Costs Liability & Casualty Total Operating Expenses Excluding Ridesharing and Liability/Casualty Costs $2,291,794 $2,558,794 $2,522,794 updated: 11/99 ANNUAL TDA CLAIM FORM FORM A-21S ANALYSIS OF PROPOSED BUDGET INCREASE Operator: National City Transit Fiscal Year Ending: 2002 Date Completed: 4/02,' Page 1 of 1 Line Item # Proposed % Increase Expense Object Class Explanation of Proposed Increases 501 Labor 0.02 16% Operator's salary & wages Increase as a result of Labor Negotiations. 0.01 65% Other salary & wages Includes Maintenance Manager wages not used in FY01. 502 29% Fringe Benefits* 507 27% Taxes* Accounts are affected as a result of labor negotiations. All under the Personnel Account on our budget, updated. 11/99 ANNUAL TDA CLAIM FORM SCHEDULE OF ACTUAL AND PROJECTED RECEIPTS OF CAPITAL FUNDS O� .tor: National City Transit Form A-22 Date Completed:4/2/01 Line SOURCES OF CAPITAL FUNDS Prior Year Actual FYQQ Current Year Projected FY,_Q1 Next Year Proposed FY 02 FEDERAL SOURCES OF CAPITAL FUNDS 1 FTA Section 5307 Grant 2 FTA Section 5309 Grant 3 Federal Aid Urban Grants 4 Other Federal Funds (specify) 5 6 — T Total Federal Sources of Capital Funds S STATE SOURCES OF CAPITAL FUNDS 7 STA Fund - Population Formula 8 9 10 STA Fund - Revenue Formula Other State Funds (specify) 11 T Total State Sources of Capital Funds L LOCAL SOURCES OF CAPITAL FUNDS 12 TDA - Local (include capital reserve allocations) 174,636 137,000 13 Other Local Funds (specify) 135,000 T Total Local Sources of Capital Funds 174,636 137,000 135,000 TOTAL CAPITAL FUNDS RECEIVED $174,636 $137,000 $135,000 updated: 11/99 ( A A-23 ANNUAL TDA Cli :ORM Operator: National City Transit SCHEDULE OF PROPOSED CAPITAL EXPENDITURES Date Completed: 4/02/01 Fiscal Year Ending:_6/2002 Page _1_ of _1_ Total Estimated Expenditures Current Year Sources of Funds for Capital Expenditures NEW Other Carryover Funds Description of NEW Other or Carryover Funds DESCRIPTION NEW FTA Sec.5309 NEW FTA Sec.5307 NEW ' TDA PROJECT 50,000 50,900 lot Parking resurface 35,000 35,000 Supervisor Ofc. Maintenance Storage Facility 50,000 50,000 Maintenance TOTALS 135,000 135,000 updated: 11/99 ANNUAL TDA CLAIM FORM Operator: NATIONAL CITY TRANSIT PERFORMANCE MEASURE OBJECTIVES Date Completed: 4/02/01 Form A-40 FORM A-40 Page 1 of 1 OBJECTIVES \, SULTS 1 NN Meet or exceed farebox recovery ration listed in final TDA/STA claim for the current year 2 Meet or exceed passenger/mile/hour stated in fi I'tDA/STA claim for the current year 'N. /I /17. 3 Effort to limit increase in ating costs per revenue mile for the first six (6) monthsto the increase in San Diego CPI updated: 01/00 ANNUAL TDA CLAIM FORM FORM A-41 STATEMENT OF EFFORTS MADE TO IMPLEMENT PERFORMANCE AUDIT RECOMMENDATIONS Operator: National City Transit Date of Last Performance Audit: February 26. 1999 Date Completed: 4/Q Page 1 of 1 Line# Performance Audit Recommendation Actions Taken to Implement Recommendation 1 National City Transit had exception performance during the most current audit review period. NCT has made progress to implement it's productivity improvement recommendations. NCT has made significant progress to keep cost down and improve service productivity. NCT's quality of service efforts shows in the ridership growth and the farebox recovery ratio. 2 FY95-97 performance audit shows the need to develop and implement a vehicle replacement plan. NCT has signed an agreement with MTDB to purchase sixteen (16) new buses in order to upgrade the City's public transit system. updated: 11/99 ANNUAL TDA CLAIM FORM Form A-42 STATEMENT OF EFFORTS MADE TO IMPLEMENT PRODUCTIVITY IMPROVEMENT RECOMMENDATIONS Operator: National City Transit Date Completed:4/02/01 Page I. of 1 Line # 1 2 Productivity Improvement Recommendation Passenger per revenue mile should equal or exceed 4.55 Increase the farebox recovery ratio Actions Taken to Implement Recommendation Passenger per revenue mile for the first 6 months of FY01 was 4.58 16 new buses will reduce operating costs. No major repairs TRANSIT SAFETY AND SECURITY REPORTING FORM* Operator: National City Transit Report Period: FY2001 Security Items In Vehicle In Station Other Transit Prop. Part I Offenses Violent Crime Homicide Patrons Employees Others Forcible Rape Patrons Employees Others Robbery Patrons Employees Others Aggravated Assault Patrons Employees Others 1 Property Crimes Larceny/Theft Patrons Employees Others ,-- Motor Vehicle Theft Patrons Employees Others Burglary Arson Part II Offenses Other Assaults Vandalism Sex Offenses Drug Abuse Violations Drunkenness Disorderly Conduct Trespassing Fare Evasion Curfew and Loitering Laws 10 730 0 1 3 120 0 365 0 Total Transit Property Damage $24,643.00 *For operators within MTDB service area updated: 11/99 NATIONAL CITY TRANSIT FY 2002 APPENDIX G REQUIRED STATEMENTS Statement Regarding Accuracy of Budget Data: CCR 6632 requires that each transit operator (Article 4 claimant) or transit service claimant (Article 4.5, 99400.6) include in its claim a statement signed by the chief financial officer of the claimant attesting to the reasonableness and accuracy of the budgetary information submitted. This would include the information contained in Forms A-10, A-20, A-21, A-22, A23, A21S and Appendix G. I hereby attest to the reasonableness and accuracy of the information submitted in Forms A-10, A-20, A-21, A-22, A-23, A-21 S and Appendix G by National City Transit for fiscal year 2001. Signed: Title: Finance Director Statement regarding Retirement System (Article 4 Only): Section 99271 required that each Article 4 claimant has fully funded the current cost of its retirement system in order to be eligible for funding. Sections 99272 and 99273 impose additional requirements for operators which have a private pension plan. Each Article 4 claim should be accompanied by, at a minimum, the following statement signed by the claimant's chief financial officer. Include any elaboration necessary depending on the individual circumstances. I hereby certify that National City Transit has fully funded the current cost of its retirement system with respect to the officers and employees of its public transportation system and has met the applicable requirements of Sections 99271, 99272 and 99273 of the California Public Utilities Code. Signed: Title: Finance Director G-1 Statement Regarding Charter Service: Section 99250 requires that all charter bus services operated by a transit operator (Article 4 claimant) or transit service claimant (Article 4.5, 99400.6) must meet certain conditions. Each claim must be accompanied by, at a minimum, one of the following statements. Additional information about specific charter service should be included, if necessary, to clarify conditions under which charter service was operated. No charter bus service has been operated by National City Transit during the current fiscal year. Signed: Title: General Manager Statement Regarding Reduced Fares and Accessibility Requirements: Section 99275.5(c)(5) requirs SANDAG to make a finding that an Article 4.5 claimant is in compliance with sections 99155 and 99155.5 prior to allocating any funds to that claimant. Section 99155 imposes certain requirements for reduced transit fares for senior citizens and handicapped persons and specifies certain identification cards which shall be accepted in order to qualify for reduced fares. Section 99155.5 deals with eligibility requirements for dial -a -ride and paratransit services. The same requirements apply to Article 4 operators. In order for SANDAG to make the required findings and allocate funds, each claim must include the following statement: I hereby certify that all applicable services operated by National City Transit during the fiscal year covered by this claim shall be provided in conformance with the requirements of Sections 99155 and 99155.5 of the California Public Utilities Code. Signed: Title: General Manager G-2 NATIONAL CITY TRANSIT FY 2002 COMPLIANCE WITH APPLICABLE RECOVERY RATE: OPERATING COST $2,192,000.00 FARE REVENUE $1,215,000.00 RECOVERY RATIO 55% NATIONAL CITY TRANSIT FY 2002 SERVICE AND TRANSFER COORDINATION: 1. Attendance at General Manager's meetings and other regional committee meetings. 2. NCT participation in the Fare Pricing Task Force. 3. NCT observes the Master Transfer and Ready Pass Agreements. 4. Transfer times with other operator's routes are considered when making schedule changes. 5. NCT buses carry schedules from other operators for distribution. NATIONAL CITY TRANSIT FY 2002 AUTHORIZING RESOLUTION: A resolution authorizing submission of this claim is pending with National City's City Council. A copy will be forwarded upon approval. NATIONAL CITY TRANSIT FY 2002 PROPOSED PRODUCTIVITY IMPROVEMENTS FOR FY 01: 1. Examine 602 service due to increase in ridership. NATIONAL CITY TRANSIT FY 2002 The MTS logo is used on National City Transit buses and incorporated on public information materials. NATIONAL CITY TRANSIT FY 2002 CURRENT PASSENGER FARES Full Fare Youth Child under 6 Elderly/Handicapped Trolley Transfer (one zone) Other Transfers Regional Passes Effective 4/1/01 $ 1.25 $ 1.50 $ 0.75 $ 1.00 Free Free $ 0.75 $ 1.00 $ 1.00 $ N/C N/C ACTUAL AND ESTIMATED REVENUE MILES ROUTE 601 602 603 TOTAL ACTUAL AND ESTIMATED PASSENGERS Full Fare E/D Youth Regional Pass E/D Pass Youth Pass 10 Pack REVENUE PASS Free Transfers NON REVENUE PASS. TOTAL PASS. 1.25 N/C N/C PRIOR YEAR CURRENT YEAR NEXT YEAR FY 2000 FY 2001 FY 2002 152,801 207,739 90,400 152,909 207,840 90,410 153,062 208,048 90,500 450,940 451,159 451,610 PRIOR YEAR FY 2000 308,879 54,391 97,241 230,556 566,265 177,007 20,413 CURRENT YEAR FY 2001 312,659 59,554 104,219 238,216 580,651 178,662 14,888 NEXT YEAR FY 2002 315,786 60,150 105,261 240,598 586,457 180,449 15,036 1,454,752 133,612 463,466 595,293 2,050,045 1,488,849 133,787 474,334 608,121 2,096,970 1,503,737 135,125 479,077 614,202 2,117,939 PRIMMIleu FY 2002 TRANSPORTATION DEVELOPMENT ACT (TDA) APPORTIONMENT SCHEDULE FOR THE SAN DIEGO REGION FY 2002 % of Total Apportionment Population Regional % of Area FY 2002 Available for Estimates1 Population2 Population2 Apportionment Allocation NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD Incorporated Area County of San Diego Subtotal: 592,004 205,058 797,062 20.33% 7.04% 27.38% 74.27% 25.73% 100.00% $24,999,126 METROPLPTAN TRANSIT DEVELOPMENT BOARD Incorporated Area 1,850,189 63.55% 90.65% 52,226,549 County of San Diego 190,939 6.56% 9.35% 5,389,766 Subtotal: 2,041,128 70.11% 100.00% 57,616,315 NON -TRANSIT BOARD AREA County of San Diego TOTALS: 73,278 2.52% 2,911,468 100.00% 99233.1 County Auditor Administrative Expenses 99233.1 SANDAG Administrative Expenses 992333 2% Pedestrian/Bicycle Funds 992333(a) SANDAG 2% Planning Funds 99233.5(b) MTDB 10% Funds 99233.7 5% Community Transit Services $2,345,202 $84,960,643 $36,000 $375,000 $2,001,700 $1,912,293 $6,738,750 $4,471,613 $100,496,000 Prior Year Total Carryover Available $24,999,126 $14,023,486 $39,022,612 31,118,811 5,870,340 36,989,151 4,253,998 627,311 4,881,309 35,372,809 6,497,651 41,870,460 $2,345,202 $747,838 $3,093,040 $62,717,137 $21,268,975 $83,986,112 (1) Population estimates, which are prepared by SANDAG, are consistent with the California Department of Finance estimates as of January 1, 2000. (2) Percentages have been rounded for reporting purposes. (3) The amount available for allocation equals the apportionment amount less ADA funds and regional transit service assessment (as shown on Table la). By MTDB policy, the cost for providing ADA related services are taken "off the top." While this is the first year in which MTDB will submit a consolidated claim, current law still stipulate the deduction of Regional Service Assessment by jurisdiction. MTDB Service Area by Jursidction FY 2002 % of Total ADA Regional Apportionment Population Regional % of Area FY 2002 Funds Transit Service Available for Prior Year Total Estimates Population Population Apportionment per MTDB* Assessment Allocation Carryover Available METROPLITAN TRANSIT DEVELOPMENT BOARD City of Chula Vista 174,319 5.99% 8.54% 4,920,622 224,473 990,887 3,705,261 133,344 3,838,605 City of Coronado 24,673 0.85% 1.21% 696,462 31,772 332,345 332,345 54,334 386,679 City of El Cajon 96,627 3.32% 4.73% 2,727,556 124,428 700,242 1,902,887 3,579,976 5,482,863 City of Imperial Beach 29,180 1.00% 1.43% 823,684 37,575 393,054 393,054 126,913 519,967 City of La Mesa 59,210 2.03% 2.90% 1,671,361 76,245 741,729 853,387 42,550 895,937 City of Lemon Grove 25,936 0.89% 1.27% 732,113 33,398 69,872 628,844 266,337 895,181 City of National City 55,447 1.90% 2.72% 1,565,140 71,400 149,374 1,344,366 288,505 1,632,871 City of Poway 49,287 1.69% 2.41% 1,391,258 63,468 66,390 1,261,401 37,290 1,298,691 City of San Diego 1,277,168 43.87% 62.57% 36,051,494 1,644,626 14,966,988 19,439,880 0 19,439,880 City of Santee 58,342 2.00% 2.86% 1,646,860 75,128 314,346 1,257,385 1,341,091 2,598,476 County of San Diego 190,939 6.56% 9.35% 5,389,766 245,875 889,893 4,253,998 627,311 4,881,309 Subtotal: 2,041,128 70.11% 100.00% $57,616,315 $2,628,387 $19,615,119 $35,372,809 $6,497,651 $41,870,460 *By MTDB policy, funding to insure provision of complementary paratransit services as required by the ADA is deducted prior to calculating the Regional Transit Service Assessment. DEPARTMENT OF CALIFORNIA HIGHWAY PATROL TRANSIT' OPERATOR COMPLIANCE CERTIFICATE CHP 339 (Rev 7-90) OPI 062 TRANSIT OPERATOR NAME Al l -1-1-1 0/I /4l C 1 %''/ 77/74 /S/ 7-" ss rc 2 V I / -' 7// CITY ZIP CODE COUNTY TELEPHONE NUMBER 16/9)'71/750 /1//1-T/0/1/4L CITY 9/750 S/)A/ ID/[=6C-J This is to certify that the above named transit operator was inspected on this date and found to be in compliance with California Vehicle Code Section 1808,1, regarding participation in the Department of Motor Vehicles Pull Notice Program, and with Section 12804.6, regarding transit bus operator certificates. ISSUED BY -K-T rOWA/ Destroy previous editions. I.D. NUMBER A Col/S DATE i'--77 00 STATE OF CALIFORNIA El This report includes CONFIDENTIAL pages. Page 1 of pages DEPARTMENT OF CALIFORNIA HIGHWAY PATROL SAFETY COMPLIANCE REPORT/ TERMINAL INFORMATION (Ayes ■ CHANGED No DATE OF LAST MISTER UPDATE ❑ CHP 362 ` TERMINAL ST � ' ADDRESSs STREET, CITY, ZIP CODE) ).d ��/ ?7 AlirT,onv4L c+Ty, C/1 /95U TERMINAL RECORD UPDATE CHP 343 (Rev 6-6) OPI 062 TELEPHONE NUMBER (INCLUDE AREA CODE) (c / 9 '/ 7 `/ - / 5 O 5 ❑ CHP 343 5 '' T `• ? TERMINAL MAILING ADDRESS (NUMBER, STREET. CITY, STATE, ZIP CODE) (IF DIFFERENT FROM STREET ADDRESS) l O f r- X U. ,' /1Tl OA/4C. c iT? , c/i C/ 9 5I- o g 0 k3 COUNTY/CODE NUMBER 3 7 LICENSE AND FLEET INFORMATION HM Lic No. HWT Reg. No. IMS Lic. No LOCATION CODE SUBAREA STATUS Exp. date Exp. date Exp. date (.0 c/ 5 0 S El ACTIVE ❑ INACTIVE TRUCKS AND TYPES TRAILERS AND TYPES BUSES BY TYPE REG. CT. HW. VEH. HW. CONT. DRIVERS I—/7., II— a/ EMERGENCY CONTACTS (In Calling Order of Preference) EMERGENCY CONTACT (NAME) rR&c0y ,' I0S DAY PHONE NO. INCLUDE AREA CODE) G(r `/7`/-7S0S NIGHT PHONE NO. (INCLUDE AREA CODE) G14 L/>I/•75o5 EMERGENCY CONTACT (NAME) A/O V.n L<)( ?_ DAY PHONE NO. (INCLUDE AREA CODE) C,IS L/7V •.75o5 NIGHT PHONE NO. (INCLUDE AREA CODE) co/ y ' / 750S CHECK THE ESTIMATED TERMINAL MILEAGE WITHIN OPERATING AUTHORITIES CAL FFORljIIt.DU �NG THE LAST YEAR CALIFORNIA PUC NUMBERS A B ■ ■ Under15,000 15,001 — 50,000 T— T— T— C ❑ 50,001 — 100,000 D K 100,001 — 500,000 E ❑ 500,001 — 1,000,000 PSG ❑ TCP ❑ PSC PSG ❑ TCP ❑ PSC PSG ❑ ■ TCP PSC F ❑ 1,000,001 — 2,000,000 ICC NUMBERS DOT NUMBER N fr )0 z 0 C. G ❑ 2,000,001 — 5,000,000 H ❑ 5,000,001—10,000,000 I El More than 10,000,000 ❑ MC ❑ MX ❑ MC ❑ MX U.S. DOT REASON FOR INSPECTION /A/VAt UAL- i3uS /nis/'GLT/OA( Fo R Rn--rin/G INSPECTION CATEGORY INSPECTION FINDINGS (number of violations) MAINTENANCE PROGRAM DRIVER RECORDS I DRIVER HOURS • BRAKES / LAMPS/SIGNALS �i � o j n -,l F. g • j CONNECTING DEVICES STEERING 3 SUSPENSION TIRES & WHEELS EQUIPMENT REQUIREMENTS Y CONTAINERS?ANKS HAZARDOUS MATERIALS VEHICLES PLACED OUT-OF-SERV CE DA No HIM transported ❑ No HIM violations noted INSPECTION RATINGS: S=Satisfactory U=Unsatisfactory C=Conditional UR=Unrated N/A=Not applicable MAINTENANCE PROGRAM DRIVER RECORDS REG. EQUIPMENT HAZARDOUS MATERIALS TERMINAL 1 2 S 3 f0 4 S 1 5 25 3_S 4_5 1$ 2S 3—S 45 3„..---1---- 1 S 25 3_5- 4.s No. L!/ Time -7 No. I r Time L No. � Time TIME TIME IN TIME OUT CONTAINERS/TANKS VAPOR RECOVERY SYSTEMS BIT NON -BIT FEE DUE CHP 345 ISSUED CHP 100D COLUMN CARRIER TYPE CODE No. Time Tests witnessed ❑ I ❑ R i ❑Yes ❑ No I NO. 3 u S INSPECTION LOCATION (NUMBER, STREET, CITY OR COUNTY) INSPECTED BY (NAME) I.D. NUMBER -R - 3 R a w n.i n (07 15 SUSPENSE DATE ❑ Auto ❑ / /� U O / None l� CARRIER I.D. NUMF- -' 3 7�L/ CA jl o FCN .7/ 0 MOTOR CARRIER CERTIFICATION I hereby certify that all violations recorded on the attached pages (2 through .- ), will be corrected in provisions of the California Vehicle Code and the California Code of Regulations. I understand that I may unsatisfactory rating by contacting the Motor Carrier Safety Unit Supervisor at ( ) — days of the rating. accordance with applicable request a review of an within 5 calendar CURRENT TERMINAL RATING •)/T775/71C`TURY CARRIER REPRE TATIVE'S SIGNATURE-^ `�.-� � '�,�: -----. DATE �'/�-2��0o6 - CARRIER REPRESENTATIVE'S PRINTED NAME /� " TITLE CA DRIVERS LICENSE NUMBER Destroy previous editions. OSP 98 17280 e. STATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL CONTINUATION CHP 343-1 (REV 10-97) OPI 062 CARRIER NAME _/V &flo/V4L C y T�z.��is•T ADD -re 44 4/ / (%iO REMARKS DATE THIS IS A CONTINUATION OF CHP 3 C/ CA NUMBER a?9a4/ FC NUMBER /O 0 /j'O/•(CVC., 1D R 1 V t= TZ_ D P1 \/ P UL C_.._ /1/U 7 7 CC' R c= PU,P-/ S /7 2 LT - Al OT' S / A/c L) /7) /VLF .D/1 i cr . I-7S F7 A'C-.SG/G-T" OF / ///__5 //I/Sit-t C77OA/ /7 S /7TYS EY/ r'rTO R Y /1-77 Y ( /S 17 SS/GA/6.O. C HP 3_3 i l.//1 S G- V&w. Page 2 of Use previous editions until depleted. OSP 97 91693 C343-1897.hp CARRIER�(NAME OR TERMINAL FLE CONTROL NUMBER)7� — N r \ff ( AJ�i C C I I Y ! Non/ S' /7-- PAGE 3 OF e DEPARTMENT OF CALIFORNIA HIGHWAY PATROL INSPECTION ADDRESS VEHICLEJEQUIPMENT INSPECTION REPORT 5,?a , a7/7 s'7- MOTOR CARRIER SAFETY OPERATIONS CHP 343A (Rev 4-91) OPI 062 CITY OR COUNTY, /\/477 O'I/41. C IT}! cyl J/ ?.5 O DATE G' Via' 00 '—'` EQUIPMENT NUMBER LICENSE NUMBER VIN ^^^1QTGQ T._. rUEI CIRCLE ONE Tractor Trailer Truck ( Dolly ler MAKE Gr4. 4/ 303 o/3Y69 D/ok05a7 H V3 /2Z(037 _ -_ CIRCLE ONE Tractor Trailer Truck Bus Dolly MAKE EQUIPMENT NUMBER LICENSE NUMBER VIN ODOMETER TYPE FUEI TANK/CONTAINER MAKE SPECJTYPE SERIAL NUMBER/UNIT NUMBER CT NUMBER - VRS Test ❑ Certified ❑ witnessed CERTIFICATE TYPE CERTIFICATE NUMBER DATE ISSUED REINSPECTION DATE ODOMETER SECTION 21/ c.17`e'_/9 _7"w 13cCR18/ sIJ� w,Ai°ows nR( /I.Ss.'iC 5ArGTy CCLfZlA/c J`?/lRK/A/6.0 < /.QC/IR d--- RJ •S t`c c• •/D, rg u'-L Tt- (C 2. c 41 /Z. CIRCLE ONE Tractor Trailer Truck (BusT Dolly MAKE r/x,Ile EQUIPMENT NUMBER 070Fs" LICENSE NUMBER t"3?SIG / VIN 0/037(0' (11Y)MFTFR TYPE FUEI .-•- i`I U E3 (a2ZZI CIRCLE ONE Tractor Trailer Truck(e.' Bus Dolly MAKE EQUIPMENT NUMBER LICENSE NUMBEFI VIN ODOMETER TYPEFUEI TANK/CONTAINER MAKE SPECJTYPE SERIAL NUMBER/UNIT NUMBER CT NUMBER VRS Test ❑ Certified ❑ witnessed CERTIFICATE TYPE CERTIFICATE NUMBER DATE ISSUED REINSPECTION DATE ODOMETER SECTION -2(7Lt53 vQ. nxLC # R/5 r21RAKL o fl or- f of cl.S7-i-1e" ' a AR . AIUTG STc'_c? R tNc) B X L ie i1K IAJ f•_.(urp i I3CCK 9(L( 5G\(Gft—AL.. w,(va0LaS nR MI551NO S.1rc7y GL4Zi.vr1A2.✓-.TN°It. INSPECTED BY !�/�0w�/ I.D. NUMBER A/ 7/5E' Use previous editions until depleted. OSP 98 9679 . • DEPARTMENT OF CALIFORNIA HIGHWAY PATROL ''"'S VEHICLE/EQUIPMENT INSPECTION REPORT MOTOR CARRIER SAFETY OPERATIONS CV `3A(Rev 4-91)OPI062 CARRIER (NAME OR TERMINAL FLE CONTROL NUMBER) 1 / / _ % %?4A/Si % PAGE OF 7 Al I /O/1/11 C C INSPECTION ADDRESS 5- a,h7 w 8 71/ .; .. CITY OR COUNTY /�/t1%.o•��L c� iy C� 9/9�v DATE �o��a•o� cm, dNE Tractor Truck r"'8U!7 Trader Dolly MAKE _ rt y OC C: EQUIPMENT NUMBER ? O �o LICENSE NUMBER ry 3 67 6 VIN D 1 U 3 % "/ GDOIUETE g I�I)j -?09 33 TYPE FUEL" //� CIRCLE ONE Tractor Truck Bus Trailer Dolly MAKE EQUIPMENT NUMBER LIC N(� MBER VIN ODOMETER TYPE FUEL•' TANK/CONTAINER MAKE SPEC/TYPE SERIAL NUMBER/UNIT NUMBER CT NUMBER VHS Test ❑ Certified ❑ witnessed CERTIFICATE TYPE CERTIFICATE NUMBER GATE ISSUED REINSPECTION DATE ODOMETER SECTION 1 3CCR IaSco C /1 Al V l'-16c=ZS q_I-G' Afo7 n/ SPLieIyerJ OA/ RIf • CIRCLE ONE Tractor Truck Bus Trailer Dolly MAKE �, (c , EQUIPMENT NUMBER �V � LICENSE NUMBER 4-0,3 t/ 7 a VIN 0/0 3 0 y,c- -I rW U Try f, TYPE FUEL UM 5(0?oe CIRCLE ONE Tractor Truck Bus Trailer Dolly ,MAKE EQUIPMENT NUMBER LICENSE NUMBER , VIN ODOMETER TYPEFUEL TANK/CONTAINER MAKE SPEC/TYPE SERIAL NUMBER UNIT NUMBER CT NUMBER VRS Test ❑ Certified ❑ witnessed CERTIFICATE TYPE CERTIFICATE NUMBER DATE ISSUED REINSPECTION DATE ODOMETER SECTION * OUT' Or-.5C'R‘ircG J ',3Criz /253 Fug L Z. r=i 1-<"i4ira '? /S Tit//A-' /3CCR 123001 INSPECTED BY I.D. NUMBER Use previous editions until depleted. OSP 98 9679 • STATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL CARRIER INSPECTION CHP 343D (Rev. 2-99) OPI 062 ❑ This report contains CONFIDENTIAL pages. Page l of CARRIER NAME CA NUMBER 3<P 9.2 V LOC. CODE ' 6 `/S SUBAREA ' o /VAT/ oN4 L. • C rn/ 77/Ais / / STREET ADDRESS, CITY, STATE, ZIP CODE PHONE NUMBER 4' 7 y 7 50S DATE 6..2.2 • o 0 sae I.J. PT" _ST AV' //0A/4L. C 17"/ ?/S S O CARRIER REPRESENTATIVE - NO L V/7C/(---2-. TITLE /'74.vAyc2 TIME IN I TIME OUT INSPECTION LOCATION (if other than the carrier's principal place of business) S,i %-1 -C.— U.S. DOT NUMBER MC NUMBER On this date, the above named motor carrier was inspected by the California Highway Patrol. The inspection evaluated the carrier's compliance with the following requirements: A. CONTROLLED SUBSTANCES & ALCOHOL TESTING PROGRAM [VC 34520 & 49 CFR 3821 ❑ OTHER: REMARKS 311.d0CAlVC L(J Cr-! 3?a. //3 POST- /lCC i DtwT Tc-S i weg.c: F D c: R L C//A/N 1 )/1 C uS'o D Y C oti-T/z u L icueci 4/A/v4 C S U/1pi y , L✓/'/e 4/ -77/C -TCS i W4 S Y TA //S S U13 - P, A5 < S c6- 7/1,OC // -Scc704/ 3J/02- 3 03 ro i. R e C7 U I R c o PVS7T /7CC/ n a. 477-- 7-e--s /S ID UC lJ/7(=/v--TLL) OA 7?/c eI AZe1c_2 12�1 i G \_S /S f/fC/og As a result of the inspection noted above, this carrier was assigned a compliance rating of.5/777,S%/IC 77OR /This rating applies only to carrier requirements - Terminals are rated separately. RATING HISTORY 1OR2S 3S 4S NO. OF RECORDS INSPECTED NO. OF VIOLATIONS CHP 345 ISSUED El SUSPENSE DATE Auto ❑ None £o /200/ CHP 1000 COLUMN NO. INSPECTED BY (Name) ID NUMBER ✓-\ (, -7 / MOTOR CARRIER CERTIFICATION CARRIER TYPE El Truck X Bus I hereby certify that all violations recorded hereon and on the attached pages (2 through ) will be corrected in accordance with applicable provisions of the California Vehicle Code and the California Code of Regulations. I understand that I may request a review of an unsatisfactory rating by contacting the Division Motor Carrier Safety Unit Supervisor at ( ) within 5 calendar days of the rating. CARRIER REPRESENTATIVES PRINTED NAME TITLE DRIVER LICENSE NUMBER AND, ATE CARRIER REPRESENTATIVES SIGNATURE CURRENT CARRIER RATING S /)T/S r/ eTo)' Y Destroy previous editions. DATE (p?- U0 c343d299.frp _ETING DATE 04/17/01 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 3 ITEM TITLE WARRANT REGISTER #41 PREPARED BY EXPLANATION ROBERT A. RABAGO DEPARTMENT FINANCE Ratification of Warrant Register #41 per government section code 37208. ( Environmental Review Financial Statement N/A N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION I recommend certification of these warrants for a total of $783,013.11 BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #41 2. Workers' Comp Warrant Register dated 4/4/01 \. Payroll dated 4/11/2001 Resolution No. A-200 19: 99) City of National City, California COUNCIL AGENDA STATEMENT April 17, 2001 MEETING DATE 4 AGENDA ITEM NO. ITEM TITLE RESOLUTION ESTABLISHING THE SALARY RANGE AND BENEFITS OF THE RECORDS MANAGEMENT OFFICER. PREPARED BY George H. Eiser, III EXPLANATION DEPARTMENT Please see attached memo. City Attorney 1.Environmental Review X N/A Financial Statement Funds are budgeted. >STAFF RECOMMENDATION Adopt resolution. Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed resolution. Resolution No. 2001-51 A-200 (9/80) City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, HI • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 TO: Mayor and City Council DATE: April 13, 2001 FROM: City Attorney SUBJECT: Establishing the Salary Range of the Records Management Officer At the March 13, 2001 meeting, the City Council approved the bifurcation of the statutory duties of the elected City Clerk with those of the to -be created position of Records Management Officer. (The ordinance creating that position appears as a companion item on this agenda). According to the proposal approved on March 13, the Records Management Officer would be appointed, and would receive a salary determined by the City Manager, with a range established by the City Council.- The initial salary range would be set at 10% less than the current salary range for the City Clerk of the City of La Mesa, namely, $5,206 — $6,142 per month. The position would be aligned with the executive positions under the Management Compensation Plan. The proposed resolution would take effect on the effective date of the Ordinance amending Section 3.04.020 of the Municipal Code to add Records Management Officer as a non -civil service position in the City service. /0 L. GEORGE H. EISER, III City Attorney GHE/gmo ® Recycled Paper RESOLUTION NO. 2001 — 51 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE SALARY RANGE AND BENEFITS FOR THE POSITION OF RECORDS MANAGEMENT OFFICER BE IT RESOLVED by the City Council of the City of National City that the Salary Range for the position of Records Management Officer is hereby established at $5,206 — $6,142 per month. BE IT FURTHER RESOLVED that the benefits for the position of Records Management Officer shall be the same as those for the executive positions under the Management Compensation Plan. BE IT FURTHER RESOLVED that this Resolution shall take effect on the effective date of the Ordinance amending Section 3.04.020 of the Municipal Code to add Records Management Officer as a non -civil service position of the City service. PASSED and ADOPTED this 17th day of April, 2001. George H. Waters, Mayor Al'_LEST: Michael R Dalla, City Clerk APPROVED AS TO FORM: 0444-. George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 17, 2001 5 AGENDA ITEM NO. (-ITEM TITLE RESOLUTION ESTABLISHING THE SALARY AND BENEFITS OF THE CITY TREASURER PREPARED BY DEPARTMENT George H. Eiser, IIIf96 City Attorney EXPLANATION Section 36517 of the Government Code provides that City Treasurer shall receive compensation fixed by ordinance or resolution. There are no provisions in the state law or Municipal Code as to the timing or amounts of any changes in compensation for these offices. Current Council practice is to adjust the compensation for this position at the same time, and by the same percentage, as the adjustments in compensation for the Mayor and City Council. Ordinance No. 2001 2179, enacted January 9, 2001, increased the compensation of the Mayor and City Council by the same percentages, on the same dates, and subject to the same conditions, as the salary increase for Municipal Employees' Association members, if any, granted between January 9, 2001 and the general municipal election held on November 5, 2002, provided that said increa es shall not exceed ten percent of the current base monthly salaries. The proposed resolution would grant like compensation adjustments to the City Treasurer. Environmental Review x N/A Financial Statement Funds are budgeted. Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) L. Proposed resolution. Resolution No. 2001-52 A-200 (9/80) RESOLUTION NO. 2001— 52 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE SALARY AND BENEFITS OF THE CITY TREASURER BE IT RESOLVED by the City Council of the City of National City that pursuant to the provisions of Section 36517 of the California Government Code, the base monthly salary for the City Treasurer shall be the same as the base monthly salary for members of the City Council, and shall be increased by the same percentages, on the same dates, and subject to the same conditions, as the salary increases for Municipal Employees' Association members, if any, granted between the date of this Resolution and the general municipal election held on November 5, 2002, provided that said salary increases shall not exceed a total of ten percent of the current base monthly salaries. BE IT FURTHER RESOLVED that the cafeteria plan benefits for the position of City Treasurer shall be fixed at the same level as those for the Mayor and City Council. PASSED and ADOP IED this 17th day of April, 2001. George H. Waters, Mayor AITBST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: City Attorney nrmEETING DATE City of National City, California COUNCIL AGENDA STATEMENT April 17, 2001 6 AGENDA ITEM NO. / ITEM TITLE RESOLUTION ESTABLISHING THE SALARY OF THE CITY CLERK. PREPARED BY ./iAA DEPARTMENT EXPLANATION George H. Eiser, IIIf !� Please see attached memo. City Attorney 2 Environmental Review x N/A Financial Statement Funds are budgeted. Account No. STAFF RECOMMENDATION Adopt resolution. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed) Below ) Proposed resolution. A-200 (9/80) Resolution No. 2001-53 City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, Ill • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 TO: Mayor and City Council FROM: City Attorney SUBJECT: Establishing the Salary of the City Clerk DATE: April 13, 2001 Section 36517 of the Government Code provides that the City Clerk shall receive compensation fixed by ordinance or resolution. There are no provisions in the state law or Municipal Code as to the timing or amounts of any changes in compensation for this office. Current Council practice is to adjust the compensation for this position at the same time, and by the same percentage, as the adjustments in compensation for the Mayor and City Council. At the March 13, 2001 meeting, the City Council approved the concept of bifurcating the statutory duties of the elected City Clerk with those of the to -be created position of Records Management Officer. (The ordinance creating that position appears as a companion item on this agenda). According to the proposal approved on March 13, the Records Management Officer would be appointed, and would receive a salary determined by the City Manager, within a range established by the City Council. Consistent with the bifurcation of duties it would also be appropriate at the present time to establish the salary of the City Clerk at the same level as that of the members of the City Council, together with the same adjustments in compensation. Ordinance No. 2001-2179, enacted January 9, 2001, increased the compensation of the Mayor and City Council by the same percentages, on the same dates, and subject to the same conditions, as the salary increase for Municipal Employees' Association members, if any, granted between January 9, 2001 and the general municipal election held on November 5, 2002, provided that said increases shall not exceed ten percent of the current base monthly salaries. The proposed resolution would establish the salary of the City Clerk at the same level as that of members of the City Council, and provide for the same adjustments in compensation as those received by the Council. The resolution would take effect on the date of appointment of the Records Management Officer. 7V GEORGE H. EISER, III City Attorney GHE/gmo ® Recycled Paper RESOLUTION NO. 2001 — 53 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE SALARY OF THE CITY CLERK BE IT RESOLVED by the City Council of the City of National City that pursuant to the provisions of Section 36517 of the California Government Code, the base monthly salary for the City Clerk shall be the same as the base monthly salary for members of the City Council, and shall be increased by the same percentages, on the same dates, and subject to the same conditions, as the salary increases for Municipal Employees' Association members, if any, granted between the date of this Resolution and the general municipal election held on November 5, 2002, provided that said salary increases shall not exceed a total of ten percent of the current base monthly salaries. BE IT FURTHER RESOLVED that this Resolution shall take effect on the date of appointment of the Records Management Officer. PASSED and ADOPTED this 17111 day of April, 2001. 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 MEETING DATE April 17, 2001 AGENDA ITEM NO. 7 ITEM TITLE APPROVE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 3.04.020 OF THE NATIONAL CITY MUNICIPAL CODE PREPARED BY Roger C. DeFratis DEPARTMENT Personnel Personnele. EXPLANATION - This ordinance implements action previously approved by Council to create an executive position of Records Management Officer in the City Clerk's Office which will be an appointive, non -civil service, exempt position which will perform the non -elective administrative functions of the City Clerk's Office Environmental Review " N/A Financial Statement This is no additional cost to the City. >'ATAFF RECOMMENDATION Recommend approval of the proposed Ordinance. BOARD/COMMISSION RECOMMENDATION Account No TT CHMENTS ( Rested Below I 1. Ordinance 2. Job Specification Resolution No. A-200 (Rev. 9/20) 2 ORDINANCE NO. 2001 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 3.04.020 OF THE NATIONAL CITY MUNICIPAL CODE BE IT ORDAINED that the City Council of the City of National City does hereby amend Section 3.04.020 of the National City Municipal Code to read as follows: 3.04.020 Applicability. In accordance with Section 45000 et seq. of the California Government Code, the provisions of this title and city civil service rules apply to the classified service which includes all offices, positions and employment in the service of the City, except: 1. Elective officials; 2. Members of appointive boards, commissions, and committees; 3. City Manager; 4. Assistant City Manager, 5. City Attorney; 6. Senior Assistant City Attorney; 7. City Librarian; 8. Records Management Officer; 9. All department directors as so designated by city manager; 10. Persons engaged under contract or grant to supply expert, professional or technical services for definite period of time; 11. Volunteer personnel who receive no regular compensation from the city; 12. Emergency employees who are hired to meet the immediate requirements of any emergency condition, such as an extraordinary fire, flood or earthquake; 13. Employees who are employed for less than twenty hours per week or who are employed temporarily for a definite period not exceeding twelve consecutive months. PASSED and ADOPTED this day of , 2001. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: George H. Riser, III Michael R. Dalla, City Clerk City Attorney RECORDS MANAGEMENT OFFICER City of National City CLASS SPECIFICATION Approved: DEFINITION Under general direction of the City Manager, prepares and maintains minutes of the City Council and various board meetings; serves as the custodian of records and official City documents; prepares for and conducts elections; supervises staff; and performs related duties as required. EXAMPLES OF TYPICAL DUTIES Oversees and maintains the official records for the City; certifies copies of City documents; maintains a records management system and records retention schedule for records of the City; prepares Council minutes; records and maintains legislative actions of City Council Meetings on document imaging and computer indexing systems; administers and maintains the National City Municipal Code; as the City's election official, administers and coordinates general municipal elections and special elections; receives petitions relating to initiative, referendum or recall and administers the process on behalf of the City; accepts subpoenas and all claims filed with the City, maintaining a log; files notices of completion for City projects and process documents for recording or filing with the County Recorder's Office (deed, contracts, etc.); performs duties relating to improvements district proceedings, street vacations, annexations, unsafe/substandard property/nuisance proceedings, hazardous materials incidents, abandoned vehicles, weed and sewer abatement; sets public hearing before the City Council and provides notice as required by law (publish in newspaper and written notification); serves as filing officer for campaign disclosure statements and statements of economic interests under regulations of the Fair Political Practices Commission; maintains appointive list of all City Commissions/Boards and advises Council when terms are to expire accepts applications and maintains a list of individuals interested in serving on commissions/boards; coordinates filing of applications for commissions; researches matters and/or provides a place for research for the general public and City departments; administers the records management office and prepares and controls the budget for the office; maintains contracts, bonds, insurance certificates, etc. for projects within the City and release when appropriate; registers voters; responds to information requests from citizens, staff and the business community; manages all incoming and outgoing central mail for City Hall; and performs such other duties as prescribed by the City Council. MINIMUM QUALIFICATIONS Graduation from an accredited college or university with a bachelor's degree in Public or Business Administration, Information Technology, Records Management or closely related field and at least three (3) years of office and records management experience. Proficiency in computer systems and certification as a Municipal Clerk is highly desirable. KNOWLEDGE, SKILLS AND ABILITIES Knowledge of City, State and Federal laws and processes as they relate to the City Clerk's Office and City Council; ability to compose correspondence on official actions with appropriate references to City codes; extensive knowledge of modern office procedures, equipment and records management; ability to deal effectively and courteously with City and other agency staff and the public; demonstrated supervisory and administrative ability; excellent proofreading skills; effective oral and written communication skills; willingness to stay current in modern office practices and recommend changes in equipment; working knowledge of election and related laws and with political reform requirements; knowledge of word processing; ability to drive a City vehicle under California licensing safely; ability to work evenings.■ City of National City, California COUNCIL AGENDA STATEMENT _MEETING DATE April 17, 2001 s AGENDA ITEM NO. ITEM TITLE RELOCATION OF PUBLIC FAUCET AT EL TOYON PARK PREPARED BY JIM RUIZ d ! V DEPARTMENT PARKS & RECREATION EXPLANATION. SEEATTACHED REPORT Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Accept 4th Street location BOARD/COMMISSION RECOMMENDATION ATTACHMENTS (listed Below) Letter of March 21, 2001 Map Resolution No. A-200 (Rev. 9/80( City of National City Parks & Recreation Department 140 East Twelfth Street, Suite A, National City, CA 91950-3312 (619) 336-4290 DATE: April 3, 2001 TO: Mayor and City Council FROM: Jim Ruiz, Parks & Recreation Director SUBJECT: Relocation of Public Faucet at El Toyo Sweetwater Authority has proposed relocating the public faucet at El Toyon Park to a location on 4th Street, just above the athletic field. Staff has met with Sweetwater Authority personnel and discussed several potential locations. City Staff has determined that the 4th Street location to be an acceptable site with the following notations: a. The faucet will be close to the southwest boundary of the park. This will still leave enough room for a skateboard playground, if one is eventually built at this location. b. They will provide a "cut out" parking area on 4th Street so that vehicles will not park directly on 4th Street while utilizing the public faucet. c. The faucet will have a timer so that it will be operational between 7:00 a.m. and 9:00 p.m., which are the same hours we have for all public parks. The other locations on "U" Avenue were deemed to be unsatisfactory because of their proximity to homes in the area. ® Recycled Paper SWEETWATER AUTHORITY 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwater.org March 21, 2001 Mayor George Waters City of National City 1243 National City Boulevard National City, CA 91950 Subject: Proposed Relocation Of Public Faucet (SWA File: B.P. 99-03E) GOVERNING BOARD MARGARET COOK WELSH. CHAIR JAMES'JIM' DOUD, VICE CHAIR SUE JARRETT BUD POCKUNGTON GEORGE H. WATERS J.S. SKI WOLNIEWICZ CARY F. WRIGHT WANDA AVERY TREASURER MARISA FARPON-FRIEDMAN SECRETARY Dear Mayor Waters: The Sweetwater Authority Governing Board has directed staff to proceed with the purchase of property, presently owned by Mr. Robert Abrigo, at Division Street and "R" Avenue. This is shown on the attached sketch. Access to our property containing two groundwater wells and a public faucet is from Division Street and requires crossing Mr. Abrigo's property. Mr. Abrigo's property has experienced numerous occasions of illegal dumping of trash. Therefore, upon closure of escrow, the Authority proposes to fence the entire site to prevent further illegal encroachment. To maintain use of the public faucet, the Authority proposes to relocate it to the City's property on Fourth Street. This is also shown on the attached sketch. The Authority will be responsible for designing and building a new faucet at its expense. Our Engineering staff will be in contact with your Engineering staff to discuss this in greater detail. This action will result in not allowing public access to the faucet for approximately six months. We request the City's support of the temporary outage. Please do not hesitate to contact me on this matter. Sincerely, SWEETWATER A Al R. Sorensen General ARS:JLS:rms cc: James L. Smyth, Chief Engineer Attachment: sketch A Public Water Agency Serving National City, Chula Vista and Surrounding Areas ITEM #9 4/17/01 City Manager, I would like to put an item regarding the collection of over due sewer bills (spec:it-lolly from rentals) on the agenda as soon as Tyossible. I \kir! make a ONSeiliatiOn of my concerns at that meeting, stating my opinion, that this is a flawed ordinance, and e-A.n.te Cathici 1-Aki shol.:41d be re,,,,isited by thckiewer members of the city council, that were not around wren this ordinance was written and passed. Sirweriy,, Darryl Gorham aETING DATE April17, 2001 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 10 ITEM TITLE TEMPORARY USE PERMIT - FRIENDS OF THE LIBRARY& NATIONAL CITY LIBRARY - NATIONAL CITY LITERACY CELEBRATION PREPARED BY 0 &, DEPARTMENT Claudia Caro, Permit Tech. Building and Safety EXPLANATION This is a request from the Friends of the Library & National City Library to conduct the National City Literacy Celebration & Reading is Fundamental Book Give-away from 10:00 a.m. to 3:00 p.m. on Saturday, May 19, 2001. The request includes: • the use of the Library and Community Center parking lots, • the use of the Library and Community Center buildings, • the sale of food and drink, • musical entertainment, • children's crafts & activities booths, • an art exhibit, • request for a portable stage with sound system and • permission to hang banners on city buildings. A waiver of fees is requested. The event and sponsoring organization meet the criteria in City Council Policy No. 704 fora waiver of fees. ( Environmental Review X N/A Financial Statement . d The City has incurred $255.00 in costs in processing the T.U.P. aAr'piitcaoTieon ough vari(dMi l*tor Departments. Account No. STAFF RECOMMENDATION Approve the Application for a Tempor approval and grant the waiver of fees. Use Permit subject to compliance with all conditions of BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 ;9-99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND/OR STIPULATIONS SPONSORING ORGANIZATION: National City Public Library & Friends of the Library DATES OF ACTIVITY: Saturday, May 19, 2001 LOCATION OF ACTIVITY: 200 East 12`" Street Community Center and Library Parking Lot TIME: 10:00 a.m. to 3:00 p.m. APPROVALS: POLICE RISK MANAGER CITY ATTORNEY PLANNING FIRE YES [x] YES [x] YES [x] YES [x] YES [x] NO [ NO [ NO [ NO [ NO [ FINANCE YES [ x ] NO [ PUBLIC WORKS YES [ x ] NO [ PARKS & REC YES [ x ] NO [ NOTE: HEALTH DEPT WAS NOTIFIED VIA FAX 3/26/2001 SEE COMMENTS[x ] SEE COMMENTS[ ] SEE COMMENTS[x ] SEE COMMENTS[ ] SEE COMMENTS[x ] SEE COMMENTS[x ] SEE COMMENTS[X] SEE COMMENTS[x ] CONDITIONS OF APPROVAL: FIRE (336-4550) 1. Fire department/emergency response access must be maintained at all times. FINANCE (336-4330) 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 may operate on their existing license. If any of the vendors or organizations are registered for not -for -profit there will be no 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 numbers. PARKS AND REC (336-4290) 1. Will coordinate the event with City departments. POLICE (336-4400) 1. The Police department will attempt to send 2 police reserves and 2 explorer scouts for security. CITY ATTORNEY (336-4220) 1. Requires an indemnification and hold harmless agreement and a policy of general liability with the City and it's officials, employees, agents and volunteers as additional insureds with the amounts of coverage to be determined by the Risk Manager. PUBLIC WORKS (336-4580) 1. Street division will post "No Parking" signs and deliver cones to block driveway (all work will be accomplished during normal work hours -no cost). 2. Will provide extension cords for 4 crock pots. 3. Will provide custodian coverage for trash pickup. Type of Event: _ Public Concert Parade _ Motion Picture _ Fair _ Festival )C Community Event _ Demonstration _ Circus Block Party _ Grand Opening _ Other Event Title: NannonaC (//' J'IBY.v y f,ele4r.v on Event Location: 6owtvvto0A.k Gevker it Caorarf Porki Lek ; Community C v' &r ; Llbrarl Event Date(s): From t15\1 1 `01 to o5 ,1 1 `o I Total Anticipated Attendance: , czc, month/Day/Year (5z, Participants) (Spectators) Actual Event Hours: ____14.1ffipm to 3 Setup/assembly/construction Date: IS VA Start time: Cek ex - Please describe the scope of your setup/assembly work (specific details): } Tiles, �i�1.9irs �irlvwle 'ort39(i Sf 1,41 $v avid S &wI. IVW�P✓S . Dismantle Date: i;5' 11 01 Completion Time: 5 List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: Chief Officer of Organization (Name) Avww Gawfior,1 Applicant (Name): IJ wta INlorIs4raM Address: 2co } i2 `-treeT klartovi_q-I ) CA- 1 VIEO Daytime Phone: Op PI) -42- Evening Phone: ( ) Fax: (011) 33 '-4-'S Contact Person "on site" day of the event: Awv,e, Covorice,1 I Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITYOFFICIALS or Pr X Not -for -Profit 1 Is your organization a "Tax Exempt, nonprofit" organization? X YES Are admission, entry, vendor or participant fees required? YES If YES, please explain J the purpos Ie and provide amount(s): To zk Y,te, OVP,l c +tie MVP wT. Trt3I EP 25O. CoCCU . $ I.I ( Ar Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 320 . CO Estimated Expenses for this event. $ (� What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. ru 6vnew1a� (le.it'") I1ZoV49iV&- , vwu tG etht,r+a11,141 + -�c A to z k ed , r%I n i U ', v' Gv' R5 awA 96%i v.tti efr, at/LA . r% Z t 14.1 t T . 2 YES X NO Does the event involve the sale or use of alcoholic beverages? X YES _ NO Will items or services be sold at the event? If yes, please describe: 1 %teiww Iffy ()TnKX woo.- YXot115 . YES X NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. X YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: rv0vw i.91%)(eh wvtztey aawor . If you intend to cook food in the event area please specify the method: i-) Gam+ tAt • GAS ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your( plan for clean-up and removal of waste and garbage during and after the event: Llr of "tit GaVLS . Please describe your procedures for both Crowd Control and Internal Security: lint, C'z'Aeviov- \VolLLvthee/tt ratvoi ►pipYes�v& .+i,>e. e /e41 ' . _ YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES X NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First AidStaffing and Equipment. A GoII Lovl.e. will W., ArailAil ei -to e-all -fiI've-1)e04-. PIPe describe your Accessibility Plan for access at your event by individuals with disabilities: 11nk: •s( IAA lnwivviuvi GP,tnt o.ovwp1 At)A-- YPG1IAA 1n. Please��provide a detailed description of your PARKING plan: L- tot- e reerk. `� OaVVLq rpir � ;in,lo� a111 ,e-vt -t i0�.P�0A 4 Please describe your plan for`DISABLED PARKING:1 Mw►�,21 ('.Uk' alAPi I ffrV ►v �v�i AgevigVl Please describe your plans to notify all residents, businesses and churches impacted by the event: wfit►PN' w.It �i w1a.aut 72 k . lOYlov - -W , 'vtvA. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. ZC YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: _�_ Number of Bands: C6 Type of Music: Lwt,►c- X YES _ NO Will sound amplification be used? If YES, please indicate: Start time: I C' Qj, pm Finish Time 3 a 111100 X YES NO Will sound checks be conducted prior to the event? If YES, please indicate: rer ravv' •' • Start time: amPpm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: X YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: v --s A- lIcx=v. 5 For Office 'Use Only Department Date Yes No Condition(s) of Approval Initial Specific Conditions of Approval • SAFE1V RECEIVED MAR 2 6 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? X Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization (( ��p�,, revs of 4%r���1 (e �l�r�r�( .� �4� Vl Type of Organization Cola w,.0if dery ►- . (Service Club, Church, Social Service Agency, etc.) I. 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) x No (Please sign the form and submit it with the TUP Application) 4. 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 (Please provide an explanation and details. No (Please proceed to t uon 6) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 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 (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an. organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Sign Date 9 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization -VvievAs ;k itov 1 3 'l 16thj f i XeriVi Person in Charge of Activity Awne, Gavvirta&U Address 2a) Ea51- 12t` 34ree+ tJa+i.o Cdz. CA c1 I`l5o Telephone ((Ai ) 3 'v - 4 02 Date(s) of Use a5 1.1 01 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 permutes or permitee's agents, employees or contractors. <,_,_____ Signatu pphca , Lil vary cuIve. d i Coo rim. alc Official Title I Date 03/fe,/of For Office Use Only Certificate of Insurance Approved Date 7 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 17, 2001 / 11 ITE TITLE NOTICE OF DECISION — APPROVAL OF A PLANNED DEVELOPMENT PERMIT FOR A GAS STATION, FAST FOOD RESTAURANT, AND CONVENIENCE STORE WITH ALCOHOL SALES AT THE NORTHWEST CORNER OF 8TH STREET AND ROOSEVELT AVENUE (APPLICANT: MICHAEL HENNESSEY) (CASE FILE NO.: PD-2000-6) PREPARED BYJon Cain - Associate Planner EPA T E T Planning EXPLA ATIO This project involves construction of a gas station, convenience store with beer and wine sales, and a fast food restaurant with a drive -through. The development will take place on vacant, CG-PD-zoned land owned by the Community Development Commission at the northwest corner of 8th Street and Roosevelt Ave. The 2,840 square foot convenience store and gas pumps will be located along 8th Street, and the 2,845 square foot fast food restaurant will be at the north end of the property adjacent to the 1-5 on -ramp at 7`h Street. The new single -story structures will have stucco exteriors with brick along the base of the buildings. The convenience store will have a hipped roof with fiberglass shingle roofing; the fast food restaurant will have a mansard roof with fiberglass shingles. The pump island canopy for the gas station will be a flat, metal pump canopy. There will be eight, two-sided dispensing stations for a total of 16 pump stations. Proposed signage includes a 34-foot sign at the intersection and 75-foot tall sign along the freeway. The sign is substantially taller than others in the area. At the Planning Commission public hearing for the project, several citizens spoke in opposition to the 'roposed alcohol sales. Commissioners discussed the benefits of redevelopment along with potential problems associated with alcohol, and also discussed traffic circulation at the property and the need for a 75-foot sign height. The applicant offered to do a study to determine whether a 75-foot sign was necessary, although the \Commission ultimately did not require it as a condition. Environmental Review WANegative Declaration (IS-2000-5) Financial Statement N/A STAFF RECOMMENDATION AGENDA ITEM NO. Account No. Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD I COMMISSION RECOMMENDATION The Planning Commission voted to approve the Planned Development Permit. Vote: Ayes — Parra, Godshalk, Ungab Nays - Baca 1111 ATTACHMENTS (Listed Below ) 1. Planning Commission Resolution No. 12-2001 2. Location Map A-200 (9/80) Resolution No. RESOLUTION NO. 12-2001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT FOR A GAS STATION, FAST FOOD RESTAURANT, AND CONVENIENCE STORE WITH ALCOHOL SALES AT THE NORTHWEST CORNER OF 8TH STREET AND ROOSEVELT AVENUE APPLICANT: MICHAEL HENNESSEY CASE FILE NO. PD-2000-6 WHEREAS, the Planning Commission of the City of National City considered a Planned Development Permit application for a gas station, fast food restaurant, and convenience store with alcohol sales at the northwest corner of 8th Street and Roosevelt Avenue at a duly advertised public hearing held on March 19, 2001, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File Nos. PD-2000-6, Z-2001-3 and IS-2000-5 which is maintained by the City and incorporated herein by reference; along evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on March 19, 2001, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the 1.14-acre parcel is large enough to accommodate the proposed businesses along with the required parking and landscaping areas. 2. That the .site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the street is located at the intersection of an arterial street and a collector street and is adjacent to two freeway on -ramps. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the commercial uses are compatible with other businesses in the area and since the project includes landscaped screening in conformance with City Design Guidelines. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the automobile -related uses will be appropriately sited in a commercial zone adjacent to the freeway and since the businesses will offer for sale items in demand among consumers. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the Planning Commission has considered the proposed Negative Declaration No. IS-2000-5 together with any comments received during the public review process, and fmds on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment, approves the Negative Declaration, and authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that the application for Planned Development Permit is approved subject to the following conditions: 1. This Planned Development Permit authorizes a convenience store with beer and wine sales for off -site consumption, a gas station, and a fast food restaurant. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A-4t Revision and Exhibit B, Case File no. PD-2000-6, dated 3/6/2001 and 3/5/2001. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 3. A grading and drainage plan shall be submitted for review and approval by the City Engineer showing all of the proposed and existing on- and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run- off to the public storm drain system from the proposed development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with NPDES regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 4. Separate street improvement plans shall be submitted for review and approval by the City Engineer, prepared by a Registered Civil Engineer, showing all of the existing and proposed improvements. The plan shall be in accordance with the City requirements. 5. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run- off resulting from this development. 6. The property owner, or its successors or assigns, shall be responsible for the maintenance, repair, or construction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be installed so as to prevent overspray upon the public sidewalk or street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, or as required by the City. The property owner, or its successors or assigns, shall remove and relocate all irrigation items from the public right- of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 7. For PVC irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines. 8. A soils engineering report shall be submitted for the review and approval of the City Engineer. The report shall address the stability of all existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure, and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. At a minimum, the parking lot pavement sections shall be 2-inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with Standard Drawing G-24 with National City modifications. All soils report findings shall be part of the Engineering Department requirements. 9. A sewer permit from the City Engineer will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be six inches in size with a clean -out, unless approved otherwise. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 10. The deteriorated portions of the existing street improvements at 7th Street and the alley shall be removed and replaced as specified by the City Engineer. 11. All existing survey monuments, including any benchmark within the boundaries of the project shall be shown on the plans. If disturbed, they shall be restored by a licensed land surveyor or civil engineer after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the National City Engineering Department. 12. The driveway on 8th Street shall be an alley entrance Regional Standard Drawing No. G-17. type driveway with pedestrian ramps. 13. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and the grading construction on private property. 14. A cost estimate shall be submitted to the Engineering Department with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, and landscaping work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 15. Missing street improvements including curb, gutter, and sidewalk shall be constructed, and abandoned driveway aprons shall be replaced with curb, gutter, and sidewalk. All improvements shall be in accordance with City standards. 16. Plans shall comply with the 1998 edition of the California Fire Code relative to gasoline storage and containment. Additionally, unrestricted emergency access shall be provided at all times. 17. Fire Department inspections shall be required during construction for all underground piping and tank storage prior to covering with gravel, concrete, or asphalt. 18. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 19. A trash enclosure shall be provided in accordance with city standards. It shall have a stucco exterior to match the building. 20. Exterior walls of buildings, freestanding signs, and trash enclosures to a height of not less than 6 feet shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 21. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 22. Permittee shall comply with all regulatory provisions of the Business and Professions Code, section 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 23. The sale of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. to 11:00 p.m. 24. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 25. No beer and malt beverage products shall be sold of less than six-pack quantities per sale. There shall be no sale of single cans or bottles. 26. No wine shall be sold in containers of less than 750 milliliters, except for wine coolers. Wine coolers may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 27. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. Wine sold shall have corked bottles, not screw -off caps. 28. Permittee shall post signs, to be approved by the Planning Department, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed on or in front of these premises." 29. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 30. All cups and containers shall be sold at or above prevailing prices and in their original multi - container packages of no fewer than 12, and no cups and containers shall be given free of charge. 31. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 32. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit B, Case File No. PD-2000-6, dated 3/5/2001. 33. Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 34. The rear door of the premises shall be kept closed at all times during the operation of the business except in case of deliveries or emergencies. 35. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 36. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 37. No coin operated amusement devices shall be operated on the licensed premises. 38. Before this Planned Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Planned Development Permit. The applicant hall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Planned Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 39. This permit shall become null and void if not exercised within (one year) after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 40. All rooftop mechanical equipment shall be screened in compliance with the Land Use Code and Design Guidelines. 41. A minimum six-inch curb and/or other physical barrier shall be installed to separate the queuing area from the parking lot. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of April 2, 2001, by the following vote: AYES: Parra, Godshalk, Ungab. NAYS: Baca. ABSENT: Detzer, Valderrama. ABSTAIN: Martinelli. PROJECT LOCATION ZONE BOUNDARY LOCATION MAP PD-2000-6/Z-2001-03/ NW corner of Roosevelt Avenue and 8th Street LS-2001-02/IS-2000-5 NATIONAL CITY PLANNING DRN. DATE: 02/21/01 INITIAL HEARING: 03/05/01 ITEM #12 4/17/01 To: Assistant City Manager, Park MORSE From: Council Member BEAUCHAMP Date: 13 April 2001 Re: Discussion of Newport Petroleum Sales Tax Proposal I would ask that you place on the agenda for the 17 April 2001 City Council meeting the matter of the potential for sales tax revenues from the proposed activity of Newport Petroleum. I understand that the recent correspondence regarding the legal mechanism for receiving the tax is still under review. I believe that the Council needs to consider the potential for the tanks being removed in the interim and precluding any option by us. ITEM #13 4/17/01 To: Assistant City Manager, Park MORSE From: Council Member BEAUCHAMP Date: 13 April 2001 Re: Discussion of Modification of Council Meeting Frequency and Times Please place on the agenda for the 17 April 2001 City Council meeting the issue for discussion of a possible modification of the frequency and times for the City Council meetings.