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2002 08-20 CC AGENDA PKT
AGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY - AUGUST 20, 2002 - 6:00 P.M. i OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG BY CITY MANAGER, TOM G. MCCABE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF AUGUST 6, 2002. COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 8/20/02 PAGE 2 MAYOR'S PRESENTATIONS Letter from the Charles I Cheneweth Foundation requesting permission to build a new single family home for people with developmental disabilities. PRESENTATION San Diego County Regional Airport Authority — Action Program Update t INTERVIEWS/APPOINTMENTS City Boards & Commissions — Interview 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. 2002-122 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement by and between the City of National City and Fire Prevention Services, Inc. (Purchasing) 2. Resolution No. 2002-123 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Agreement between the City of National City and the Lower Sweetwater Fire Protection District to provide fire protection and emergency medical services. (Fire) COUNCIL AGENDA 8/20/02 PAGE 3 CONSENT CALENDAR (Cont.) 3. Resolution No. 2002-124 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to Agreement between the City of National City and Schmidt Design Group. (Park & Recreation) 4. Resolution No. 2002-125 A Resolution of the City Council of the City of National City authorizing the City Engineer to establish two red "No Parking" zones adjacent to the driveway at 925 Manchester Street. (C. Stearns, TSC Item No. 2002-17) (Engineering) 5. Consider authorization to join Amicus Curiae briefs in Border Business Park, Inc. vs. City of San Diego; Eastburn vs. Regional Fire Protection Authority; Chavez vs. Martinez; Topsail Court Homeowners Association vs. Soquel Creek Water District; Chevron USA vs. Cayetano. (City Attorney) 6. Project schedule update for Underground Utility District No. 21 (Phase III) along Highland Avenue from 16th Street to 24th Street. (Public Works/Engineering) 7. WARRANT REGISTER NO. 06 (Finance) Ratification of Demands in the amount of $992,908.96 8. WARRANT REGISTER NO. 07 (Finance) Ratification of Demands in the amount of $410,114.71. COUNCIL AGENDA 8/20/02 PAGE 4 NON CONSENT RESOLUTIONS 9. Resolution No. 2002-126 A Resolution of the City Council of the City of National City approving a Conditional Use Permit for a pawn shop in the Highland Plaza Shopping Center at 1050 Highland Avenue, Suite E. adjacent to the former Fedco parking lot. Applicant: Nigal, Inc./Express Financial Services. Case File No. CUP-2002-12. (Planning) 10. Resolution No. 2002-127 A Resolution of the City Council of the City of National City authorizing the Mayor to enter into a Memorandum of Understanding with the City of San Diego for the expansion of the South Bay Enterprise Zone. (Community Development Commission) OLD BUSINESS 11. Representation of National City on San Diego County Water Authority Board. (City Attorney) WRITTEN COMMUNICATIONS 12. Memorandum from National City Apostolic Assembly of the Faith in Christ Jesus Church regarding a September 11 Memorial Service. 13. Letter from National City Chamber of Commerce concerning a Challenge Grant Program to support construction of Chamber of Commerce/Visitor's Building. COUNCIL AGENDA 8/20/02 PAGE 5 NEW BUSINESS 14. Request to use the Community Center for a Beginning Teacher Support and Assessment program and waiver of building fees. (Public Works) 15. Temporary Use Permit — Beaudry R.V. Parking Lot Sale and Show. (Building & Safety) 16. Notice of Decision — Conditional Use Permit for a wireless communications facility near Sweetwater Theaters in Sweetwater Town and Country Shopping Center. (Applicant: Cingular Wireless) (Case File No.: CUP-2002-3) (Planning) -* CITY MANAGER — > CITY ATTORNEY —* OTHER STAFF —> MAYOR --> CITY COUNCIL PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. COUNCIL AGENDA 8/20/02 PAGE 6 NEW BUSINESS (Cont.) ADJOURNMENT Closed Session — Sotelo/Morales litigation - September 3, 2002 — 3:00 p.m. Large Conference Room, Civic Center. Next Regular City Council Meeting — September 3, 2002 - 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 Letter (619) 267-7054 Voice (619) 267-7014 Fax www.cheneweth-foundation.org Chairman: Nic Cheneweth Charles I Cheneweth FOUNDATION For Persons with Developmental Disabilities To the City Manager, City Council of National City Several months ago the Charles Cheneweth Foundation submitted a plan for a new single family home to the National City Building Department. This is for a house which is to become the home for a group of people with severe and profound developmental disabilities. These are people with no means to provide for their own support and as such their options for housing are limited to homes licensed as ICF/DD-N by the state Depart of Health Services. Historically this has meant either large nursing type facilities or homes where they must share their bedroom with one or more roommates not of their own choosing. This is certainly very different from the home life that most of us face and certainly takes away the most common option. Most single people, even when living with a roommate, have their own bedroom. And would any of us accept, without being able to voice an opinion, a total stranger to share our own bedroom with us. Naturally these people have made the best of what has not been a good situation. The Charles Cheneweth Foundation was established to try to find a way to give people with developmental disabilities a chance to have the same opportunities that people without these disabilities take for granted. For the past 3 years, providing recreational opportunities for people who would otherwise be unable to leave their home has been the primary focus of the foundation's efforts. But now the opportunity is before us, through generous contributions of people who want to see change, to build a home that offers those with severe disabilities the chance to live in a normal home, in a normal bedroom, the way you or I can. The home does not require a variance to either the zoning or building codes. The National City planning commission has followed the advice of the planning department in denying our application. The design guidelines for the city describe "discouraging" homes which they feel are too different from surrounding structures in size or mass. This home is larger than the nearby homes and upon this basis the application was denied. Certainly there is a great deal of discretion between "discourage" and "deny." To try and accommodate the concerns of the planning department we have further reduced the size of the building and dramatically altered it's appearing and orientation on the property. Based upon the planning departments informal discussion about these changes it is our opinion that so long as the house is larger than the neighboring houses, no alterations will prove to be acceptable. We have made every effort to make this home as small as possible. In this case it is the physical requirement of the people who will live in the home which have resulted in the size. It was suggested by the department that we locate in a commercial or institutional zone. This is a home. No one should have to live in a commercial zone just have their own bedroom. It is our request that the City Council discuss this at the August 20 meeting. We hope the Council will consider this beautiful home to be a positive benefit to the community and also a necessary home if people with severe developmental disabilities are to have the chance to live in a residential neighborhood. -- If the council agrees and so instructs, it is within the discretion of the planning department to issue a permit. MEMO To NIC CHENEWETH CHARLES I CHENEWETH FOUNDATION From Jorge Engel AIA Re MODIFICATIONS TO PROPOSED 4th ST RESIDENCE Date JULY 22, 2002 The following changes were made to the proposed residence and presented to the assembled neighbors on Saturday July 13th. ❑ The footprint of the house was rotated 180° in order to minimize the street side facade, reduce the number of openings facing the street and, along with other changes, reduce the size and mass of the structure. o The house was reduced from 4052 SF to 3840 SF. ❑ The front entry was redesigned to reduce its size and scale u The roof was redesigned to reduce its height from a peak of 20ft to 17ft. The average height was also reduced by 3.5 ft and the clerestory window was eliminated ❑ The new entry porch has a roofline with only 12ft. height at the peak ❑ The parking was detached from the building and separated to reduce the overall mass.. ❑ The landscaped area in the front yard was increased thus further screening the house ❑ Note: It should be further noted that the proposed residence would sit approximately 18ft further back than the adjacent homes which are also set on a higher finished grade. Thus the perception of a huge mass as seen from the street is a misconception. • • SCALE: 1/4" = 1'-0 4052 SQUARE FEET 2 'CZ CL 0 0 Crn Qr. 0 a I 9 • " SCALE: 1/4" • 4th Street r.Ti•r�w.,..,— 1.,.".. .�.a ..�u�..�.. �..••••...{....•.m,..—..—.. o` z 61 EXISTING SITE SCALE: 1/8" = 1'-0" r- rry S 03S0d0Hd m z PIRGIVRTY LISS NIO 95.01711 mac* rmani•11.17••••=••••••••••••••••••••••••m•••••=m11.• ••=p0•••111110••••••••m•••••••••• • • •••• • • •••• • UU • Nam • la ••••1 • • •••• • N. Imp•• • • • • •••• • • ••••I • • _ • • !in.= • • a • ••• =MI PROPTRTY LIM MS AWN 1•111••••• 411•.••••M• 489-11S ink PROPOSED FRONT ELEVATION EXISTING FRONT ELEVATION July 15, 2002 Mr. Tom McCabe City of National City, City Managers Office 1234 National City Blvd. National City, CA 91950 Dear Mr. McCabe ('? Jill 15 24 The future of air transportation in San Diego County is an issue of great importance for the communities and policy makers of the San Diego region. With the Air Transportation Action Program, the San Diego County Regional Airport Authority (SDCRAA) is evaluating long-term solutions for our region, and would like to present an update on the progress to date. Under the oversight of the SDCRAA, the objective of the Action Program is to develop for the public policy makers of San Diego County a recommended program to meet the 2030 commercial air transportation needs of the region. The Airport Economic Analysis completed in January 2001 projected that, given the current air transportation infrastructure, the San Diego region could potentially forego more than $90 billion in Gross Regional Product cumulatively through 2030. The Action Program is distinguished from previous attempts at resolving airport issues for several reasons: • The Action Program is looking for an airport solution, not merely a site. The Action Program recognizes that the answer to the region's air transportation needs may lie in another airport, or a combination of airports, or maybe even the combination of an airport and another mode of transportation. It is a completely new perspective on the problem. ■ The Action Program is taking a regional approach and looking at surrounding regions and the solutions they might have to offer. • The SDCRAA was created specifically to take action on implementing an air transportation solution. In keeping with our goal of public participation, we would appreciate the opportunity to provide your organization with an update on the Action Program and receive comments. We will follow up with you in the next few days to request time at one of your upcoming meetings. If you have any questions or would like additional information, please call Jen Shira at (858) 452-0031, ext. 310. Thank you for your interest in this important regional issue. Sincerely, THELLA F. BOWENS Interim Executive Director San Diego County Regional Airport Authority it Transportation Action Pro ram for an Diego ion A•partAnMMtS San Diego County Regional Airport Authority (SDCRAA) • SDCRAA operates and plans for Lindbergh Field • - esp planning in the S region Air Transportation Planning Short -Term Long -Term Objectives Objectives •Meet current needs •Identify economic of not meeting •Butldi7screm mprovements to SDI air service de d� .Keep options for •Ca lure economic airport development be fits of meetin open air servic and San AOp•t AutlwR6 5 Presentation Overview • San Diego County Regional Airport Authority • it tsp a ion Short -Term Stra y Long -Term Stra y _....➢I tan */A/P•. AutM1aRy 2 Air Transportation Planning Short -Term Strategy Long -Term Strategy • _-=%�•�• = - • conomic International •alysis Airport •Air ransportatio Master Plan do r- Airport &Meaty 4 Short -Term Strategy SD/A Master Plan Year 2010 Forecast: Present infrastructure limitations will begin causing unacceptable delays, resulting in •Roadway Rg tion •Terminal Congestion •Taxiway Delays •Runway Delays San Abp•l Authority 6 1 Short -Term Strategy SD/A Master Plan (Cont.) • Series of cost effective, ovements to Lindberg Akpart 801891118 Short -Term Strategy SD/A Master Plan (Cont.) • Step 3 includes taxiway and nts, and a second runw cenario if MCRD were availa le 9 •990 9998,18 ma ty 9 ATAP Long -Term Strategy • Airport Economic Analysis (AEA) Completed in January 2001 • on Program - Meet projected air demand and maxi benefits f, Short -Term Strategy SD/A Master Plan (Cont.) • Steps 1 and 2 include terminal, roadway and parking improvements • Improvemen being evaluated in the env onmental review process now s.t A/paxxMnny ! Long-term strategy • the region's • service deman Srl eWanal µyart µmany fU ATAP Long -Term Strategy I AEA Study Findings With no Action Program the region could potentially forego: • $8 billion dollars in Gross Regional Yroductn the year 1 rough 20 billion cuur mulative � rough 2030 • $30 billion in Total Pe -onal Income cumulatively throu• a 030 tyatal µpsi µmWry 12 2 ATAP Long -Term Strategy Why is it Important? • The Action Program addresses air transportation demand created by San Diego industries its • Meeting air sery important to the typ San Diego seek mhos Authority demand of economy/ 13 ATAP Long -Tenn Strategy Why is it Different? • Defines economic impacts of air transportation services • Examines replacement and / • Regional approa • Airport Authority pro ides oversight / Sin eyrww Aapst Au6gNy 15 ATAP Long -Term Strategy How is the Goal Being Accomplished? General Program Overview Generate a list of all possible solutions San DI Eliminate the infeasible, /ineffective, and obviously unattainable ones Initial Seco Screening Sc ing Compare the benefits and Jcosts of the remaining solutions araeve Analysis IA/mart AuwwAy 17 ATAP Long -Term Strategy Objectives To provide San Diego region with a recommended program of action that identifies: -The steps requi options -The timing of those eps .wpm meats, to reach the be ATAP Long -Term Strategy Why is it Different? (Cont.) • Extensive regional participation — ATAP Working Group — Policy Advisory Group — SinkehpIder F-oAl — Public A—i-ONStro • Inform policy maker and public on scenarios that achie program goals Sa6 •. :. eybnal AlmerfAuthaNy 16 ATAP Long -Term Strategy Program Status itecommenaea Action Program Solution Dec 2002- June 2003 June —Dec 2002 COMPARATIVE ANALYSIS What works best? Remaining scenarios SECONDARY SCREENING Eliminate seena1os that do not meet Action Program goals Mach - May INITIAL SCREENING 20C2 Eliminate scenarios that obviously do not work scenari ra3ucwd to 21 1A8part Au6w6ry 18 Secondary Screening Analysis Operational Requirements — How Does It Work? Ground Access Environmental rit — Who or What Is Impede ? Development Cost — Are The dal erentrff ? Sark Meeel Mpat Hull-1b 19 Air Transportation Action P San Diego Re 'on '. Mandl Appart NMM1tY 21 Air Transportation Action Planning Inform the public and policy decision makers in anticip of a v in 2004 -2006 .lteneye AYpml AufM1wNy pp 4 Regional Airport Authority The Air Transportation Action Program was initiated in late 2001 and is now under the oversight of the new San Diego County Regional Airport Author- ity. The Air Transportation Action Program will develop a recommended air service scenario to meet future air transportation demands of the San Diego region. Why Do We Need the Air Transportation Action Program Now? San Diego International Airport (also known as SDIA or Lindbergh Field) cannot meet the long-range air passenger and cargo needs in this region. Incremental improve- ments planned for SDIA will only meet San Diego International Airport (also known as SDIA or Lindbergh Field) cannot meet the growing air passenger and cargo needs in this region. short-term air service needs. A recent Airport Economic Analysis found that by 2030, the potential missed opportunity of not meeting these needs is between $29.6 billion to $93.8 billion in lost Gross Regional Product. The Air Transportation Action Program will build upon past studies and existing trends to meet air service needs while capturing the maximum economic benefit for the region. How Is the Air Transportation Action Program Different? The Air Transportation Action Program will complete two parallel tasks to evaluate if the air service for the region can be met by: • Keeping SDIA and connecting and combining it with other regional facilities to meet regional air passenger and cargo demand • Replacing SDIA at its present location with a site or sites that can provide the capacity to meet regional air passenger and cargo demand A combination or network of airports will be evaluated in an expanded study area that considers regional demand and opportunities from areas outside San Diego County (for example, Orange and Riverside counties to the north, Imperial County to the east and facilities in Tijuana, Baja California). The Air Transportation Action Program will also feature extensive public outreach, with participation from stakeholders and residents. Air Transportation Action Program 0 Jurisdiction and Funding The San Diego Regional Airport Authority is a regional government entity with jurisdiction throughout the county. It was established by the California legislature to operate and plan for San Diego County's airport needs. The Authority has established the Air Transportation Action Program Policy Advisory Group to review the work performed by a consultant team, which will produce a draft report by Air Transportation Action December 2002. A Working Group, corn- Program builds on what is posed of affected stakeholders for aviation already known about the planning in the San Diego region's air region, will passenger and air cargo provide feedback is needs. to the project team on techni- cal assumptions and projections which will include a review of the objective criteria for ranking scenarios. SANDAG serves as the program administrator. SANDAG received a $1.5 million grant from the FAA and over $400,000 from the Aviation Division of the Port of San Diego to fund the Air Transportation Action Program. Want to Know More? While the Airport Authority is the body that will make decisions regarding future air service issues in the region, members of the public are encouraged to attend the regional workshops throughout the county and provide their input about the future of air transportation service in the San Diego region. Meeting schedules and other information about the Authority and the Air Transportation Action Program can be found on the Airport Authority's Web site, www.sdcraa.org, or by calling 619-725-6024. Air Transportation Action Program Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor July 31, 2002 Mr. Josh Malunes 1240 East 26th Street National City, CA 91951 Dear Mr. Malunes: 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, August 20, 2002 at 6:00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, 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 information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner X x Name: MALUIES Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee x (Last) (First) Home Address: i Z40 EAST 2t -r-H ST R EE T Birth Date 4" ._ S 0 - 6 1- (Optional) Telephone: Residence ( i 9 474 - 1770 ) Business/Work ( ?58 68S `1 g 83 NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? 35 SAN DIEGO COUNTY? 35 NATIONAL CITY? 7 ARE YOU A REGISTERED VOTER: YES X NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR HAD A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: X YES: (PLEASE ATTACH SEPARATE EXPLANATION) Colleges attended and degrees held, if any: SOUTu J STE(2t'I C,OLLEGE A.S. E(PC . TeCi-6NOLO&" Related Professional or Civic Experience: (AL TRANS COIJS RUCT«1\ 2 YRS CALTZAIJS LANIDSCAPE MA) NT / 1+mo'. Et &C`ig►CAL INSPEcToR Please indicate below any further information that will be of value regarding your service on the above named boards, committees or commissions: DATE: 7— I S -oz- YOUR SIGNATURE RETURN COMPLETED FORM TO : CITY COUNCIL OF NATIONA1C CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 City of National City, California COUNCIL AGENDA STATEMENT ;EETING DATE August 20 2002 AGENDA ITEM NO. 1 ITEM TITLE Resolution authorizing the renewal of a sole source contract with Fire Prevention Services, for Weed Abatement Services. PREPARED BY DEPARTMENT Brenda . Hodges, C.P.M. EXPLANATION See attacHed Purchasing Environmental Review N/A Financial Statement No City funds required. See explanation attached. Approved By: Finance Director Account No. n / a STAFF RECOMMENDATION In concurrence with the Fire Battalion Chief, the Purchasing Agent recommends that the renewal be granted to Fire Prevention Services. BOARD / COMMISSION RECOMMENDATION n/a ATTACHMENTS ( Listed Below ) Explanation 4/23/02 Letter from Fire Prevention Services Agreement Dated 5/7/02 Resolution Resolution No. 2002-122 A-290 i9 99] EXPLANATION Council Resolution #98-120, 9/22/98, awarded a Weed Abatement contract to Fire Prevention Services, as a result of competitive bid #GS9899/1. This contract was for one initial year, with the option to renew for three additional years, and is due to expire on 9/21/02. The novelty of this contract is that it avoids City subsidy. The vendor will provide all services and collect all fees directly from the property owner. We cannot predict the actual amount of service that will be required, but estimates calculated for each type of service amount to about $10,000.00 per year. Contract prices for services that may be required during the course of this contract, and which may be imposed upon a property owner, are set forth in the attached 'Schedule of Fees'. Fire Prevention Services has requested a renewal of the contract for three additional years, with the option to renew for another three years (total of 6 years), based on the fact that they are a sole source provider of this service. The required insurance policies are current, and documents are on file in Purchasing. The Fire Department has been extremely happy with the quality of service provided by Fire Prevention Services, and are therefore in favor of the renewal. RESOLUTION NO. 2002 — 12 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND FIRE PREVENTION SERVICES, INC. WHEREAS, the City desires to employ a Contractor to design and implement a comprehensive nuisance/weed abatement program for the City; and WHEREAS, the City has determined that Fire Prevention Services, Inc. is qualified by experience and ability to perform the services desired by the City and is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Fire Prevention Services, Inc. for the City's comprehensive nuisance/weed abatement program. Said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 20th day of August, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: City Attorney STATE OF CALIFORNIA FIRE PREVENTION CERTIFIED Fire Prevention Services, Inc. April 23, 2002 City of National City General Services Department, Purchasing Division Brenda Hodges 2100 Hoover Ave. National City, CA 91950-6599 Re: Bid No. GS9899/1 Dear Ms Hodges, Pursuant to section 11 of the Special Conditions contained within our contract with the City of National City the final term for our service will be expiring on 9/21/2002. In an effort to minimize any delay in our service, Fire Prevention Services, Inc. Would like to extend the current contract for an additional 3 years with the option to renew for up to 3 additional 3 year terms. The only changes we would purpose are enclosed on the updated schedule of fees. By utilizing this updated schedule, it will keep National City constant with the other 15 agencies we currently serve. Additionally I believe we can keep these prices fixed for the next three years, as we have over the past four years. Some additional information that may be beneficial, prior to our contracts with the Lakeside Fire Protection District and San Miguel Fire Protection District expiring last June they went back out to bid to insure we were still a sole source firm. The result was, we were the only bidder for both Districts, thus we are still a sole source firm for this type of service. It has been a pleasure serving your fine City. Ken Osborn President Fire Prevention Services, Inc. cc: Chief Donald Condon P. O. Box 1720 : El Cajon CA 92022-1720 : (619) 562-1058 : Fax (619) 445-6336 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND FIRE PREVENTION SERVICES. INC. THIS AGREEMENT is entered into this 7TH day of MAY, 2002_ by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and FIRE PREVENTION SERVICES. INC. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to design and implement a comprehensive nuisance/weed abatement program for the City . WHEREAS, the CITY has determined that the CONTRACTOR is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit 'A' The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit 'A' to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 25 % from the base amount. Revised 52000 3. PROJECT COORDINATION AND SUPERVISION. _ Don Condon, Fire Battalion Chief 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. Ken Osborn_ thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit 'A' shall not exceed the schedule given in Exhibit 'A' (the Base amount) without prior written authorization from the Purchasing Agent_. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit 'A' as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the. CITY, if requested. 5. LENGTH OF AGREEMENT. The term of this agreement shall be from the date of execution to September 22 2003. Unless otherwise terminated as provided herein, this agreement may be extended in one (1) year increments by mutual agreement of both parties, for up to five (5) additional one year renewal periods. 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. 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 2 Revised 5/2000 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, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms 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 applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 3 Revised 5/2000 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 pr fession. Specify the license classification(s) that qualifies you to perform this service: . Submit a copy of this license with your proposal. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. The CITY expects that the CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. The CONTRACTOR warrants to the CITY that it is not now, nor has it been for the five (5) years preceding, involved in arbitration or litigation concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action -to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non- discrimination clause. 4 Revised 5/2000 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 availabll 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. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: 5 Revised 5/2000 ❑ A. . If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of its employees and volunteers. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. 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. 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. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of 6 Revised 5/2000 attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and Iess 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. 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 7 Revised 5/2000 delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Tom G. McCabe City Manager City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Ken Osborn Fire Prevention Services, Inc. PO Box 2012 Alpine, CA. 91903-2012 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. 8 Revised 5/2000 ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of 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. 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. 9 Revised 5/2000 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 parry'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. CITY OF NATIONAL CITY By: George H. Waters Mayor APPROVED AS TO FORM: By: George Eiser, III City Attorney CONTRACTOR: Please check applicable box, and note the numbof signatures required: Y Corporation (two signatures) Partnership (one signature) Sole Proprietorship (ony�y signature) By: #1 (Name) (Title) 10 Revised 5/2000 EXHIBIT 'A' 1.0 SCOPE OF WORK The project is more particularly described as : * The design and implementation of a comprehensive nuisance abatement program that will reduce public nuisance, the threat of fire spread, and enforce the requirements of the National City Municipal Code. * The program will include provisions to identify and preserve biological habitat, while maintaining strict adherence to CITY and Fire Department codes and standards. * The CONTRACTOR will perform all noticing, inspections, and follow-up notifications and inspections for all parcels which fall under the jurisdiction of the National city Municipal Code. * Forced abatements shall be performed by the CONTRACTOR, when required. * The CONTRACTOR shall cooperate fully with the CITY when forced abatement upon any parcel is imminent. * The CONTRACTOR shall not proceed with any forced abatement until proper documentation is provided, and a notice to proceed is issued by the CITY. * The CONTRACTOR shall perform billing and collection functions associated with forced abatements, unless other prior arrangements have been made with the CITY. * The CONTRACTOR shall be an authorized representative of the CITY under this program and shall maintain good public relations with all citizens, groups and organizations associated with the project. 1.1 SERVICES PROVIDED BY THE CONTRACTOR The services to be provided by the CONTRACTOR shall consist of, but not be limited to the following : 1.1.1 Cooperate fully with the CITY in performing services in accordance with this agreement, with established codes and standards, and with the intent of what the CITY expects the CONTRACTOR to accomplish. 1.1.2 Visit and thoroughly inspect all parcels in the CITY which fall under the provisions of this agreement. Frequency of inspection shall be determined by subsequent agreement between the CONTRACTOR and the CITY. The CITY may designate high priority areas of the CITY, upon which the CONTRACTOR shall concentrate their efforts until compliance is gained. Any parcels found to be in violation of CITY standards shall be documented by the CONTRACTOR. The 11 Revised 5/2000 CONTRACTOR shall perform all subsequent inspections on the parcel, and notifications of the parcel owner until the parcel is in compliance with CITY standards. 1.1.3 Document and report any parcel inspected by the CONTRACTOR, which contains environmentally sensitive habitat, to the CITY. The report shall contain the parcel number, parcel owner, and type and amount of habitat observed. These parcel owners shall receive special instructions as to how their parcels may be abated in the manner that will cause the least amount of habitat damage. The CONTRACTOR shall maintain computerized records of such parcels and immediate access to those records shall be available to the CITY. 1.1.4 Send a Notice to the owner of any parcel found to be in violation of the National city Municipal Code, and CITY standards. Determination of the owner of any such parcel shall be made from the county assessors last equalized tax roll. The notice shall include the standards the parcel owner is required to meet and the consequences of ignoring the notice and methods of appeal. Additional instructions may be included for parcel owners who have, or believe they may have environmentally sensitive habitat on their parcel. All notices and letters sent to parcel owners shall be approved as to form by the CITY. Any parcels owned by the CITY that are found to be in violation of CITY standards shall be reported to the CITY. 1.1.5 Send a "Final Notice" to any parcel owner who has not complied with the First Notice within a reasonable time frame as defined in the Notice. The Final Notice shall be sent via certified mail, return receipt requested, and shall repeat the abatement instructions, the date of expected compliance, consequences of ignoring the notice, and include instructions to follow once the work is completed. 1.1.6 If parcel owners have not abated the hazard by the time specified in the Final Notice, the parcel will be a candidate for "forced abatement". Full documentation of the process used to reach forced abatement shall be provided to the CITY, including but not limited to, the specific First Notice, the certified mail receipt, the Final Notice, and photographs of the condition of the parcel. When such documentation is provided and the CITY or his/her authorized representative agrees that forced abatement is required, a "Work Order Authorization" shall be submitted by the CONTRACTOR, and shall be signed by the CITY or his/her authorized representative. No forced abatement work shall be performed by the CONTRACTOR until such authorization has been signed by an authorized member of the CITY. 1.1.7 . When forced abatement occurs, the CONTRACTOR shall maintain all proper documentation of the job. The documentation shall include all required notices, authorizations, and the date the work was performed, charges accrued by the parcel owner for said work, and photographs of the parcel taken before and after the abatement. 1.1.8 The CONTRACTOR shall bill parcel owners that were subjected to forced abatement at not more than the amounts shown in attached `Schedule of Fees'. The CONTRACTOR shall not change the maximum amount of such fees without prior written consent of the CITY. 12 Revised 5/2000 1.1.9 Furnish all labor, material, equipment, and tools for the inspection, notification, and forced abatement of parcels within CITY. 1.1.10 Respond within three working days, in writing or by telephone, to all complaints and/or inquiries concerning violations of the Municipal Code. Any complaints about work performed by the CONTRACTOR that cannot be resolved by the same shall be directed to the CITY. 1.1.11 Provide the CITY with monthly reports containing monthly and year-to-date information concerning the progress of the program. The report shall contain, but not be limited to, the following information: A. number of first notices sent B. number of final notices sent C. number of parcels forcibly abated D. number of parcels abated by owner E. number of parcels in compliance An authorized representative of the CONTRACTOR shall meet with the CITY, upon request, to discuss the progress of the project or any other issues or concerns which may arise during the term of this agreement. 1.2 SERVICES PROVIDED BY 1IHL CITY The CITY shall provide the following services: 1.2.1 Overall quality assurance of the program by providing written and oral standards and guidelines, reviewing correspondence and documentation, and reviewing citizen comments and complaints. The CITY or an authorized representative shall authorize all forced abatements. 1.2.2 Field inquiries and complaints and forward the information to the CONTRACTOR. 1.2.3 Consultation on issues related to the concerns of the CITY. Assistance with the enforcement of CITY ordinances and/or standards will be provided when necessary. 1.2.4 Provide information concerning both public and private parcels in the CITY which were subject to prior abatement efforts. A list of parcels known or suspected to contain environmentally sensitive habitat will also be provided. 1.2.5 Special Assessments, should CONTRACTOR be unable to collect an amount charged for abatement after attempt by CONTRACTOR and/or CONTRACTOR's collection agency, CONTRACTOR may request a special assessment through the CITY. CITY agrees to impose an assessment after review of CONTRACTOR's records, CITY shall pay CONTRACTOR upon payment from the tax collectors office. In order to process an assessment, CONTRACTOR shall provide the records required by the CITY. 13 Revised 5/2000 2.0 TIMING REQUIREMENTS Time is of the essence in the performance of work under this agreement and the following timing requirements shall be strictly adhered to unless otherwise modified in writing and agreed to by the CONTRACTOR and the CITY. Failure by the CONTRACTOR to strictly adhere to these timing requirements may result in termination of this agreement by the CITY. 2.1 PHASE I - DESIGN The CONTRACTOR shall complete the design of the nuisance abatement program, as proposed, within ten (10) working days of execution of this agreement. The final design plans shall be submitted to the CITY within the ten day period for review by the CITY. No work shall be performed by the CONTRACTOR beyond the Phase I stage until the CITY has given notice to proceed to Phase II. 2.2 PHASE II - IMPLEMENTATION The CONTRACTOR shall implement the program immediately upon receiving a "Notice to Proceed" from the CITY. Initial inspections and "Notices" shall be sent to all parcels found in violation of the National city Municipal Code. Subsequent inspections and fmal notifications shall be performed to verify all parcels comply. The program shall then continue on an ongoing, year-round basis and address complaints concerning nuisance abatement. 3.0 CRITERIA AND STANDARDS All work performed under this agreement shall be in accordance with all applicable CITY, State, and Federal laws, codes, ordinances, and standards. In the performance of its services, the CONTRACTOR shall use the degree of care and skill ordinarily exercised by other contractors, under similar conditions. Safety precautions shall be used in all operations including, but not limited to, spark arrestors on all internal combustion engines, a two and one-half gallon pressurized water fire extinguisher, and round point shovel on all tractors, safety shields on mowers and motorized trimmers, and proper clothing, footwear, gloves, and eye protection for laborers when required. Crew supervisors and equipment operators must be qualified, experienced, and able to communicate in the English language, or have a qualified interpreter present. Equipment, tools and vehicles used by the CONTRACTOR shall be in good mechanical condition and are subject to inspection and approval by the CITY prior to acceptance. Operations may be suspended at any time should it be determined that proper safety precautions are not being taken. Precautions shall be taken so that nuisance noise, dust, and waste are not created during abatement. 14 Revised 5/2000 EXHIBIT 'A' CONTINUED... SCHEDULE OF FEES 1. Tractor Mowing A. per parcel, sized 1 to 7,500 square feet $200.00 B. per parcel, sized 7,501 to 15,000 square feet $275.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $375.00 D. per parcel, sized 30,001 square feet to one acre $425.00 E. per square foot over one acre $0.015 2. Discing A. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. per square foot over one acre $0.018 3. Hand Labor A. per square foot of area abated $0.08 4. Dozer Operation A. hourly rate $95.00 B. move -on fee $95.00 5. Debris Removal (includes hauling, burning, and/or chipping) A. per cubic yard of material $28.00 B. dump fees (reimbursement of cost) 6. Excavator Brush Cutting Machine (where heavy brush makes it impractical to hand -cut) A. per square foot $250.00 minimum $0.08 7. Administrative Fee (forced abatement only) A. per parcel $250.00 8. Attorney Services (when required) A. per parcel Statutory 9. Miscellaneous Fees A. special inspection fee (includes documentation & photos) $50.00 B. abatement lien $40.00 C. release of abatement lien $40.00 D. public notary $10.00 E. file duplication fee $50.00 F. unscheduled labor (per man hour) $50.00 G. unscheduled fees and or material (reimbursement of cost) 10. Fee to the City $0 15 TING DATE 08/20/02 TEM TITLE PREPARED BY EXPLANATION t The National City Fire Department has provided fire protection services to the Lower Sweetwater Fire Protection District since March 1982. In 1998, the Fire District proposed that the annual service fee be based on increases in the "Consumer Price Index for All Urban Consumers" (CPI), for the San Diego metropolitan area according to the U.S. Department of Labor Bureau of Statistics. Costs for providing these services are fully recovered, but are re-evaluated twice within the three (3) year term to ensure that full cost recovery is occurring. The term of the current Fire Protection Services Agreement must be extended as said Agreement will expire on October 1, 2002. It is recommended that the term of this Agreement be extended for a peiod of three (3) years from October 1, 2002 to October 1, 2005, with two adjustments occurring on October 1, 2003 and October 1, 2004 as determined by any increases in the CPI. City of National City, California COUNCIL AGENDA STATEMENT 2 AGENDA ITEM NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY EXTENDING THE FIRE PROTECTION SERVICES AGREEMENT WITH THE LOWER SWEETWATER FIRE PROTECTION DISTRICT Donald Condon, Battalion Chief DEPARTMENT Fire The current quarterly total of $36,285.07 will be adjusted as of October 1, 2002, based upon the percent of any increases in the CPI during the period of June 30, 2001 to June 30, 2002. The adjusted quarterly payment shall be in effect from October 1, 2002 to October 1, 2003, with another adjustment occurring on October 1, 2004 and being in effect until October 1, 2005. Either party may cancel this Agreement by providing a six (6) month notice of intent to terminate. Environmental Review X WA Financial Statement All costs associated with providing these services are fully recovered. Account No. STAFF RECOMMENDATION Approve an amendment to the current Fire Protection Services Agreement for a period of three (3) years beginning October 1, 2002. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below Resolution No. 2002-123 -- 1. Resolution authorizing the Mayor to sign an Amendment to the current Fire Protection Services Agreement. 2. Amendment to the current Fire Protection Services Agreement. A-200 (9/80) RESOLUTION NO. 2002 - 123 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE LOWER SWEETWATER FIRE PROTECTION DISTRICT TO PROVIDE FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Amendment to the Agreement between the City of National City and the Lower Sweetwater Fire Protection District for Fire Protection and Emergency Medical Services. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of August, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: /3L�C George H. Eiser, III City Attorney AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND LOWER SWEETWATER FIRE PROTECTION DISTRICT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES This Amendment to Agreement is entered into this 20th day of August 2002, by and between the City of National City ("CITY") and Lower Sweetwater Fire Protection District ("LSFPD"). RECITALS WHEREAS, on August 1, 2000, the CITY and LSFPD entered into an agreement entitled "Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District"; and WHEREAS, the LSFPD was organized to provide fire protection to its citizens; and WHEREAS, the CITY lies contiguous to District territory and maintains professional fire protection and emergency medical service within its CITY; and WHEREAS, the CITY is willing to provide fire protection, emergency medical and related services to the LSFPD; and WHEREAS, the current term of said Agreement is to expire on October 1, 2002; and WHEREAS, the CITY and LSFPD now wish to amend said Agreement to permit the CITY to extend the Agreement for an additional three year period. Now, THEREFORE, in consideration of the mutual benefit to be derived therefrom, CITY and LSFPD agree to amend Sections 2, 4 and 5 of the "Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District," as follows: 2. TERM. This agreement shall be extended beginning October 1, 2002 and continue in full force and effect until October 1, 2005 unless either party invokes section three (3) "Termination" of this agreement. 4. QUARTERLY PAYMENTS. For each quarter year during the term of this agreement extension, commencing on October 1, 2002, and continuing thereafter for each subsequent quarter year (October 1, January 1, April 1 and July 1), the District agrees to pay the City advance quarterly payments for services. The current quarterly total of $36,285.07 shall be adjusted as of October 1, 2002, based upon the percent of any increases in the Consumer Price Index for All Urban Consumers, (CPI) for the San Diego metropolitan First Amendment to Agreement Fire Protection Lower Sweetwater Fire Protection District Emeigency_Medical Services area according to the U.S. Department of Labor's Bureau of Statistics during the period of June 30, 2001 — June 30, 2002. The adjusted quarterly payment shall be in effect from October 1, 2002 — October 1, 2003. 5. ANNUAL SERVICE FEE ADJUSTMENT. The Annual Contract Fee shall be adjusted according to increases in the Consumer Price Index for All Urban Consumers, (CPI) for the San Diego metropolitan area according to the U.S., Department of Labor's Bureau of Statistics. The Annual Contract Fee will be adjusted October 1, 2003 based upon the percent of any increases in the above described CPI during the period of June 30, 2002 — June 30, 2003. The Annual Contract Fee will also be adjusted October 1, 2004 based upon the percent of any increases in the above described CPI during the period of June 30, 2003 — June 30, 2004. Except as otherwise provided herein, all of the provisions of the Agreement for Fire Protection and Emergency Medical Services between the CITY and LSFPD dated August 1, 2000, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first herein set forth. CITY OF NATIONAL CITY LOWER SWEETWATER FIRE PROT CTION DISTRICT _. / George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney First Amendment to Agreement Fire Protection Lower Sweetwater Fire Protection District Emergency Medical Services FETING DATE 8/20/02 City of National City, California COUNCIL AGENDA STATEMENT 3 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO AMEND THE AGREEMENT WITH SCHMIDT DESIGN GROUP TO PROVIDE ADDITIONAL SERVICES REQUIRED TO FINALIZE BID DOCUMENTS FOR PARADISE CREEK EDUCATIONAL PARK. PREPARED BY Jim Ruiz •' DEPARTMENT This amendment is for the ag eement of July 13, 1993 that calls for the development of plans and speEifications for Paradise Creek Park. This amendment will increase their fee by $8,500 from $86,440 to $94,940. More design work is necessary because additional paving, concrete work, ADA requirements and overhead structures have been added to the project. Plans will be revised to include up to five Additive Alternates for the purpose of securing a bid for the project. EXPLANATION Parks & Recreation Environmental Review N/A Financial Statement Increase contract from $86,440 to $94,940. Acct No. 348-409-500-598-4113. Approved By: STAFF RECOMMENDATION Approve BOARD / COMMISSION RECOMMENDATION Approve 0 ' Ls Finance Director Account No. jutan e f tot001 JO <1.-- ATTACHMENTS ( Listed Below ) Amendments and Agreement Resolution No. 2002-124 A-200 (9;99) RESOLUTION NO. 2002 — 12 4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND SCHMIDT DESIGN GROUP WHEREAS, the City of National City and Schmidt Design Group entered into an agreement dated July 13, 1993 for landscape and design services for the Paradise Creek Educational Park; and WHEREAS, the parties desire to amend the agreement to extend the services for additional fees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City hereby authorizes the Mayor to execute an Amendment to Agreement with Schmidt Design Group for landscape and design services for Paradise Creek Education Park. Said Amendment is on file in the Office of the City Clerk. PASSED and ADOPTED this 20th day of August, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ili City Attorney • AMENDMENT TO AGREEMENT - FOR CITY OF NATIONAL CITY AND SCHMIDT DESIGN GROUP The parties to this First Amendment to Agreement SCHMIDT DESIGN GROUP, hereinafter called "Contractor," and the CITY OF NATIONAL CITY, a municipal corporation, herein called "City." RECITALS WHEREAS, Contractor and City are parties to an agreement dated July 13, 1993 for consultant services; and WHEREAS, the parties desire to amend the agreement to extend the services for additional services and fees as stated in the attached letter; and NOW, THEREFORE, said agreement is hereby amended by amending Scope of services to read as follows: 1. That the agreement between the CITY OF NATIONAL CITY and SCHMIDT DESIGN GROUP, dated December 12, 2001, is hereby amended by amending the scope of services thereof, as set forth in the attached Exhibit "A". 2. All other terms, covenants and conditions contained in the original agreement shall remain in full force and effect and shall be applicable to this amendment. DATED: , 2002. CITY OF NATIONAL CITY SCHMIDT DESIGN GROUP By: George H. Waters, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney SCHMIDT DFSIGN GROUP August 8, 2002 Mr. James Ruiz, Director Parks.and Recreation Department City of National City 140 East 12th Street National City, CA 91950-3312 Regarding: Paradise Creek Educational Park Phase I Additional Services -Additive Alternates Dear Mr. Ruiz: .) Thank you for the opportunity to provide the following fee proposal for additional services required to finalize the bid documents for the above referenced project. The following scope of work and fee proposal reflects my understanding of services to be rendered for the accomplishment of providing Additive Alternates for the bidding package. All fees will be billed on an hourly basis. We are also including an item for the additional scope associated with the Paradise Creek Park project. The recent probable construction cost estimates total more than $1 million for the entire project, which is $300,000 over the original project estimate and scope. The additional or modified scope items (such as the concrete ADA ramp, parking lot material change, lighting design, and overhead structure) have added approximately $200,000 to the construction cost of the project. An additional design fee of approximately $12,000, or 6% of the additional construction cost, would be considered typical for a project of this scope and complexity. We propose a lesser amount as outlined below. Scope of Work and Fee Proposal A. Additive Alternates 1. Plans will be revised to include up to five (5) Additive Alternates for the purpose of securing a bid for the project within the established budget. 2. Additional specifications will be developed to accompany the final plans. 3. Additional work has been completed to develop several options for the construction estimate based upon the inclusion of Additive Alternates for the project. Total service fee, item A: .$3,500.00 SCHMIDT DESIGN GROUP. INC. 2655 FOURTH AVENUE SAG DIEGO, CALIFORNIA 92103 CA UC 2138 NV LIC 219 (619) 236 1462 FAX 1619) 236.8792 EXHIBIT "A" Paradise Creek Educational Park Additional Services -Additive Alternates Page 2 August 8, 2002 B. Additional Scope of Project 1. Design development and drafting of items not included in the original scope of the project (such as the concrete ADA ramp from 22"d and the overhead structure). Total service fee, item B: $5,000.00 Sumrhary of Fees A. Additive Alternates B. Additional Scope of Project $3,500.00 $5,000.00 GRAND TOTAL $8,500.00 ALL TERMS AND CONDITIONS OF OUR ORIGINAL AGGREMENT DATED October 3, 2001 WILL APPLY TO THESE ADDITIONAL SERVICES. Thank you for your consideration. We look forward to continuing our work with you on this exciting project Very truly yours, G1 Pr hmidt, ASLA ent, Schmidt Design Group, Inc. GS/db AGREED AND ACCEPTED Jim Ruiz City of National City Dated: SCHMIDT DESIGN GROUP, INC. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SCHMIDT DESIGN GROUP THIS AGREEMENT is entered into this 13d' day of July, 1993, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and SCHMIDT DESIGN GROUP (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to prepare the Paradise Creek Educational Park Enhancement Plan. WHEREAS, the CITY has determined that the CONTRACTOR is a landscape and planning 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 engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 3. PROJECT COORDINATION AND SUPERVISION. Jim Ruiz 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 Print Date: 07/01/99 Page 1 of 9 Paradise Creek Educational Park Enhancement Plan Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Gary Ruyle is hereby designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $49,170 without prior written authorization from the City Manager. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be tumed 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. 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, Print Date: 07/01/99 Page 2 of 9 Paradise Creek Educational Park Enhancement Plan Schmidt Design Group or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The CONTRACTOR is not an employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all State and Federal statutes and regulations, and all ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and its subcontractors, shall obtain and maintain a current City of National City, business license prior to and during performance of any work within the City. 10. LICENSES. PERMITS. ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and Print Date: 07/01/99 Page 3 of 9 Paradise Creek Educational Park Enhancement Plan Schmidt Design Group 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. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will not discriminate against any employee or applicant foremployment because ;of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non- discrimination clause. 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 Print Date: 07/01/99 Page 4 of 9 Paradise Creek Educational Park Enhancement Plan Schmidt Design Group 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 attomey'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. 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 in the aggregate. 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 in the aggregate, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of its employees and volunteers. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or non -renewal (except ten (10) days for non- payment of premium). 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 endeavor to maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any commercial general liability aggregate insurance limits must apply solely to this Agreement. I. Insurance shall. be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less Print Date: 07/01/99 Page 5 of 9 Paradise Creek Educational Park Enhancement Plan Schmidt Design Group than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. 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. 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. Attomey's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. Print Date: 07/01/99 Page 6 of 9 Paradise Creek Educational Park Enhancement Plan Schmidt Design Group 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. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Tom G. McCabe City Manager City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Gary Ruyle Schmidt Design Group 2655 Fourth Avenue San Diego, CA 92103 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 Print Date: 07/01/99 Page 7 of 9 Paradise Creek Educational Park Enhancement Plan Schmidt Design Group 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 CONTkACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of 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. Print Date: 07/01/99 Page 8 of 9 Paradise Creek Educational Park Enhancement Plan Schmidt Design Group E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY SCHM DT DES GN GROUP By: z id- & /,Z:,-- By: .,4 i L_ George H. Waters, Mayor (Name) ViA-1)1-* APPROVED AS TO FORM: (Title) George H. Eiser, III City Attorney 14/,~7/4S7) Print Date: 07/01/99 Page 9 of 9 Paradise Creek Educational Park Enhancement Plan Schmidt Design Group 3 Aug 12 02 11:23a Schmidt Design Group 619 236 8792 p.4 I. • GROUP November 13, 2000 Mr. James Ruiz, Director Parks and Recreation Department City of National City 140 East 1211',Street National City, CA 91950-3312 Re: Request for Proposal for Construction Documents, Conceptual Design and Permit Processing for the Paradise Creek Educational Park Dear Mr. Ruiz: Thank you for the opportunity to provide the following proposal for landscape architectural and permit processing services for the above referenced project Based on the approved Enhancement Plan for the Paradise Creek Education Park, the following is my understanding of services required for the project. Scope of Work and Fee Proposal A. Project Start-up and Program Development 1. One meeting with the City Project Manager to determine the project intent scope, budget, and timetable (see Section F below). 2. Review all data pertinent to the project including existing site plans. 3. Review City/County codes, ordinances, and policies pertaining to the proposed project design. 4. Project Administration Total service fee, item A: $1000.00 B. Construction Drawings 1. Prepare a final CADD base plan. 2. Prepare a 75% Submittal construction document package to facilitate installation of park improvements. This package will include: • Existing Conditions/Dernolition Plans • Grading & Drainage Plans • Layout and Construction Plans, indicating all construction improvements and play area equipment identification and placement. This plan will provide horizontal control (dimensioning) of all improvements • Construction Details • Playground Construction Plans and Details • Boardwalk Structural Plans and Details • Interpretive Sign Plans and Details • Electrical lighting Plans 5C61I1IT DESIGN GROUP. ING. iURTSc'?1:: E:NN50. CALISMIA?2103 •:.1 EIC 213a ;Pi CIC 219 icsY"ZN-'Fi2 ••II " " • � '1�5�iiit A Page 1 pug 12 02 1I:23a Schmidt Design Group 619 236 6792 p.5 Page 2 11/15/00 • Electrical lighting Details • Landscape Planting Plans • Landscape Planting Details • Irrigation Plans • Irrigation Details • Technical Specifications, it is anticipated that the 'Green Book' will be referenced with special provisions on the drawings 3. City Review Meeting (see Section F below) 4. 100% Submittal package: make revisions requested by the City to the previous submittal and bring the package to a 100% level. 5. City Review Meeting ((see section F below) 6. Bid/Back-check submittal: Following City comments of the 100% Submittal, make corrections, if any, to finalize the package for bidding including a Statement of Probable Construction Costs. 7. Project Administration Total service fee, item B: $66,550.00 SDG $50,150.00 Civil Consultant $3500.00 Structural Consultant $6,500.00 Geotechnical Consultant $1,400.00 Electrical Consultant S5,000.00 C. Agency Permit Preparation. and Permit Processing 1. Prepare and process ACOE Nationwide 404 permit, RWCD 401 permit, California Fish and Game 1601 permit. (Does not include application fees). Total service fee, item C: $5,515.00 D. Construction Administration / Construction Observation During bidding and construction our services are recommended to include: 1. Answer questions during the contract -bidding period. 2. Prepare landscape addendum as required. 3. Attend one pre -construction meeting (listed under meetings hourly). 4. Review submittals, shop drawings, and answer questions during construction. 5. Site observations at appropriate times during construction are recommended to ensure the quality of the construction and design intent, anticipate three 0 visits. • Ongoing Construction Observation (3 visits) • Irrigation inspection/Conformance to specifications/Pressure testing (2 visits) • Coverage test/Construction Completion/Pre-maintenance Punch list (I visit) • Post Construction/Fina/ Maintenance (1 visit). 6. Prepare Final As -Built Drawings from Contractor's Redlined As-built's for City files 7. Project Administration SCHM DT DESIGN nwiiP. iNC. Exhibit "A" Page. 2 Aug 12 02 11:23a Schmidt Design Group S19 236 8792 p.6 Page 2 11 /15/00 Total service fee, item D: SDG $9,800.00 Civil Consultant $1,500.00 Structural Consultant $750.00 Electrical Consultant $1,500.00 $13,550.00 E. Conceptual Design for Public Works Storage Yard I. Prepare conceptual design for existing public works storage yard. The design will demonstrate how the storage yard can be integrated into the larger Paradise Creek Environmental Learning Center. Design Elements shall include, but not necessarily limited to, circulation system, conceptual grading, landscape and irrigation concepts, activity nodes and other hardscape improvements. Total service fee, item E (not to exceed estimate): S3,500.00 F. Meetings Because the number of meetings arc difficult to anticipate, we propose providing this service on a time and materials basis as follows: 2. City Staff Meetings (4) 3. Pre -bid Conference (I) 4. Pre -Construction Conference (1) Total service fee, item F (not to exceed estimate): $3000.00 G. Reimbursable I Reproduction costs Total service fee, item F (not to exceed estimate): $3,000.00 Summary of Fees A_ Project Start-up and Program Development B. Construction Drawings C. Permit Processing D. Construction Administration E. Conceptual Design for Public Works Storage Yard F. Meetings (billed hourly not to exceed) G. Reimbursable / Reproduction Costs (estimate) $1,000-00 566,550.00 55,515.00 $13,550.00 $3,500.00 $3,000.00 S3,000.00 GRAND TOTAL $96,115.00 CITY OF NATIONAL CITY'S RESPONSIBILITIES A. Provide utility as -built plans indicating all wet and dry utilities that exist in the park site. B. Provide any information on other existing easements or other property encumbrances C. Promptly notify the Landscape Architect of any changes or revisions in the project. SCOPE OF SERVICES DOES NOT INCLUDE A. Changes in the scope of project or services. B. Modifications to the design based on issues unrelated to our work. C. Attendance at meetings beyond those noted on scope of work. 5GHM UUT GESIGR GREUP. RC. Exhibit "A" Page 3 Aug 12 02 11:24a Schmidt Design Group 619 236 8792 p.7 Page 2 11/15/00 D. Perspective drawings. HOURLY OR ADDITIONAL SERVICES Hourly or any additional services which may be required as a result of the owner's prerogative or changes in the project scope, and which are outside the control of the Schmidt Design Group, Inc. may be requested on a time and materials basis at a rate of: Principal Landscape Architect $130.00/hr. Associate Landscape Architect I Director of Environmental Planning 100.00/hr. Licensed Project Landscape Architect 85.00/hr. Project Landscape Architect 65.00/hr. Assistant Landscape Architect 55.00/hr. Drafter 45.00/hr. Clerical/Typist 35.00/hr. All lump sum and hourly fees stated herein are valid for six (6) months from the date of the Landscape Architect's signature. If this contract is not executed within that time, the Schmidt Design Group, Inc. reserves the right to revise their fees and charge at its current rates at that time. Gary R.uyle Director of Environmental Planning SCHMIDT DESIGM 6000, Mt. Exhibit "A" Page 4 Aug 12 02 11:24a Schmidt Design Group 619 236 8792 p.9 RESOLUTION NO. 2000 —165 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE . CITY OF NATIONAL CITY AND SCHMIDT DESIGN GROUP TO PROVIDE CONSTRUCTION DOCUMENTS, CONCEPTUAL DESIGN AND PERMIT PROCESSING FOR PARADISE CREEK EDUCATIONAL PARK BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Amendment to the Agreement between the City of National City and Schmidt Design Group to provia. const nc_ion document, concepiu l design and permit processing for Paradise Creek Educational Park. Said Agreement is on file in the office of the City Clerk. PASSED and ADOP I till this 12a` day of December, 2000. At t hST: hilich el R. DallayCity Clerk APPROVED AS TO FORM: —r George H. Eiser, III City Attorney T•�,,' yc George H°Waters, Mayor Rug 12 02 11:24a Schmidt Design Group 619 236 8792 p.10 Passed and adopted by the Council of the City of National City, California, on December 12, 2000, by the following vote, -to -wit: Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Soto, Waters. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: GF.ORGF. H. WATERS • Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2000-165 of the City of National City, California, passedand adopted by the Council of said City on December 12.. 2000. City Cl k of the City of ` ational City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT ;MEETING DATE Augusj 20,2002 AGENDA ITEM NO. 4 ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO RED "NO PARKING" ZONES ADJACENT TO THE DRIVEWAY AT 925 MANCHESTER (C. STEARNS , TSC ITEM NO. 2002-17) PREPARED BY Adam J. Landa DEPARTMENT Engineering EXPLANATION Mr. Charles Stearns, the owner of 925 Manchester Street, has requested the installation of two red curb no parking zones adjacent to the driveway serving his property. According to Mr Stearns, parked vehicles are encroaching into his driveway thereby not allowing ingress and egress from his property. The Traffic Safety Committee approved 5 feet of red curb on each side of his driveway at their meeting on July 10, 2002. CEnvironmental Review— N/A Financial Statement N/A STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of July 10, 2002, approved the 5 foot red "No Parking" zones on both side of his driveway at 925 Manchester Street. Approved By: Finance Director Account No. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2002-125 A-200 (9/99) 2002-17 RESOLUTION NO. 2002 — 125 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO RED "NO PARKING" ZONES ADJACENT TO THE DRIVEWAY AT 925 MANCHESTER STREET (C. Stearns, TSC Item No. 2002-17) WHEREAS, Charles Stearns, the property owner of 925 Manchester. Street, has requested *e installation of two red curb "No Parking" zones adjacent to the driveway serving his property; and WHEREAS, parked vehicles encroach into the driveway blocking the ingress and egress from his property; and WHEREAS, at its meeting on July 10, 2002, the -Traffic Safety Committee approved the 5 foot red "No Parking" zones on both sides of the driveway at 925 Manchester Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish the 5 foot red "No Parking" zones on each side of the driveway at 925 Manchester Street. PASSED and ADOPTED this 20th day of August, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JULY 10, 2002 ITEM TITLE: REQUEST FOR THE INSTALLATION OF RED CURB "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 925 MANCHESTER STREET (BY: C. STEARNS) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Mr. Charles Stearns, the owner of the property at 925 Manchester Street, has requested the installation of a red curb "No Parking" zone adjacent to his driveway. According to Mr. Stearns, parked vehicles from his neighborhood are encroaching into his driveway thereby not allowing ingress and egress to his property. STAFF RECOMMENDATION: Staff recommends the installation of two (2) 5 feet red curb "No Parking" zone adjacent to his driveway at 925 Manchester Street. EXHIBITS: 1. Letter 2. Location Map 2002-17 le ----4A6G-8416119143--- ao 140N4 JO Alt IjijjzwAi7 a5 b 6 0 xi:0qt 4_0 N- 5 0 111 LI y yJV / *viol /1-177,9 . ,P 47,01k--7* ne0 iteY 0 0,Ve ee-74 , 6) :f jczys-kbe t9:441/ 7 t • •;1‘ 1".17 • 1 (•' 51-5?Nie: i4.21 /1,914 F/r9f5T-',-,49 3 1 9 51 4.9# "rz tv -9/w,10 /1. y D\U e_,C) \ 0- 9,1 I 5, /4 1413X ) :41 V etli il 180 nioi/vv-6/ T 1,0I0 862 619 get tflon e60:80 20 61 unr ^ CM OF SAN T)IRjO City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE August 20, 2002 AGENDA ITEM NO. 5 ITEM TITLE CONSIDER AUTHORIZATION TO JOIN AMICUS CURIAE BRIEFS IN BORDER BUSINESS PARK, INC. vs. CITY OF SAN DIEGO; EASTBURN vs. REGIONAL FIRE PROTECTION AUTHORITY; CHAVEZ vs. MARTINEZ; TOPSAIL COURT HOMEOWNERS ASSOCIATION vs. SOQUEL CREEK WATER DISTRICT; CHEVRON USA vs. CAYETANO PREPARED BY DEPARTMENT GEORGE H. EISER, III r14. City Attorney EXPLANATION PLEASE SEE ATTACHED MEMORANDUM ( Environmental Review Financial Statement There is no cost to the City. >STAFF RECOMMENDATION N/A Approved By: Finance Director Account No. Authorize joining Amicus Curiae Briefs BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Letters Requesting Amicus Curiae Assistance Resolution No. A-200 99) 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 DATE: August 15, 2002 FROM: City Attorney SUBJECT: CONSIDER AUTHORIZATION TO JOIN AMICUS CURIAE BRIEFS IN BORDER BUSINESS PARK, INC. vs. CITY OF SAN DIEGO; EASTBURN vs. REGIONAL FIRE PROTECTION AUTHORITY; CHAVEZ vs. MARTINEZ. TOPSAIL COURT HOMEOWNERS ASSOCIATION vs. SOQUEL CREEK WATER DISTRICT CHEVRON USA vs. CAYETANO The League of California Cities case approved the following cases for amicus curiae assistance: 1. Border Business Park Inc. v. City of San Diego: This case involves a multi -million dollar judgment against the City of San Diego arising out of planning activities for a proposed airport, and from the diversion of traffic onto streets adjacent to plaintiff's property. Traditionally, such actions have not been the basis of inverse condemnation liability. The case is pending before the Fourth District Court of Appeal. 2. Eastburn v. Regional Fire Protection Authority: In this case, liability was imposed on a public entity based on an alleged delay in providing 911 dispatch services. The issues presented before the State Supreme Court are whether 911 operators are immune from liability as "emergency personnel", and whether public entities providing emergency dispatch services have a special relationship with citizens, holding them potentially liable for negligence, even though no statue imposes such liability. 3. Chavez v. Martinez: A police sergeant interrogated the plaintiff although the plaintiff objected and was not given Miranda rights. The question presented before the U.S. Supreme Court is whether the remedy for violation of Miranda is exclusion of improperly obtained evidence only, or whether the person whose rights were violated is entitled to damages. ® Recycled Paper 4. Topsail Court Homeowners Association v. Soquel Creek Water District: In this case, the issue presented is whether water treatment facilities are exempt from local building and zoning ordinances under Government Code Section 53091, which exempts construction of facilities for "production, operation, storage or transmission" of water. The case is pending before the State Supreme Court. 5. Chevron USA v. Cavetano: Typically, cases involving an alleged inverse condemnation taking arising out of a law imposing commercial regulations are governed by a "rational basis" test, i.e., there is no liability if the law is rationally related to a legitimate governmental interest. In this case, involving a Hawaiian price control law, the court applied a "heightened" (stricter) standard of review. The case is pending before the Federal Ninth Circuit Court of Appeals. a GEORGE H. EISER, III City Attorney ATTENTION ALL CITIES! This Case Could Severely Impact Your Ability to Plan Projects August 13, 2002 George Eiser City Attorney 1243 National City Blvd. National City, CA 91950 Re: Border Business Park Inc. v. City of San Diego, California Court of Appeal, Fourth Appellate District, Division One, No. D039225 Dear Mr✓Eiser: The Legal Advocacy Committee of the League of California Cities has approved the preparation of an Amicus Brief in support of the City of San Diego ("San Diego") in the above - entitled case. In addition, the League is urging other cities to join in on that brief. Don Lincoln, and other members of his firm, Endeman, Lincoln, Turek & Heater, will be drafting the Amicus Brief and request that your City join in that Brief due to the issues of major significance to all California Cities. Case Summary This is an appeal from a state Trial Court ruling which found San Diego liable for approximately $100 million in damages for inverse condemnation based on (1) San Diego's activities relating to its planning for a possible international airport to be located near the property owner's property, and (2) San Diego's activities relating to the re-routing of commercial truck traffic onto public streets adjacent to the property owner's property in order to reach a federal border crossing. In 1983, Plaintiff Border Business Park, Inc. ("Border B. P.") purchased 320 acres of undeveloped land in Otay Mesa, a rural area south of San Diego and adjacent to the Mexican border. Border B. P. planned to develop 312 acres into an industrial business park. On October 16, 1986, Border B. P. and San Diego entered into a Development Agreement. On September 22, 1995, Border B. P. filed suit in the San Diego Superior Court alleging that San Diego had breached the 1986 Development Agreement and engaged in other conduct that was so disruptive that it amounted to unconstitutional taking of its property. Specifically, Border B. P. claimed that San Diego had acted "recklessly" by publicly investigating a proposal George Eiser August 13, 2002 Page 2 to build a new international airport in the Otay Mesa area without first taking appropriate steps to verify that the project was viable. The Trial Court agreed finding that San Diego was liable under inverse condemnation law for temporarily diminishing the marketability of Border B.P.'s property. In addition, the Trial Court ruled that San Diego was also liable under inverse condemnation law for exacerbating he traffic near Border B.P.'s property by re-routing commercial truck traffic onto adjacent public streets in order to reach a federal border crossing. The jury found that San Diego had breached the Development Agreement, and awarded $29.2 million in damages for "breach of contract," $25.5 million for the airport planning "taking," and $398 for the traffic diversion "taking." After the verdict, the Trial Judge recused himself. The case was transferred to a new Judge, who ordered a new trial on the "breach of contract" cause of action. The Court, however, denied San Diego's Motion for a New Trial or Judgment NOV on the portion of the Judgment dealing with its liability for inverse condemnation. With interest, this remaining portion of the Judgment against San Diego exceeds $91 million. Issues of Major Significance to California Municipalities Statewide The issues raised in this case are important to all California municipalities. As to the first issue, all that occurred was the planning and the study of a proposed airport which "could" have impacted Border B. P.'s property if the airport project had proceeded forward. San Diego never passed a formal resolution or took other procedural steps to condemn the property. If the Trial Court decision stands, the ability of cities to engage in municipal planning and studies could be seriously impaired. The issue involving the truck traffic arose after the federal government diverted all commercial truck traffic from the existing San Ysidro border crossing to the new Otay Mesa border crossing. Because San Diego had jurisdiction over the public streets leading to the new Otay Mesa border crossing, San Diego was forced to quickly determine the best method of redirecting this truck traffic. After considering all feasible alternatives, San Diego determined the best alternative was to use a street adjacent to Border B. P.'s property. Border B. P. was never denied access to its property. San Diego's decision merely increased traffic along the adjacent street. If the Trial Court decision stands, every city could be at risk for inverse condemnation damages every time it changes traffic patterns. Even more important than the two specific issues discussed in the Trial Court ruling, this case potentially impacts broader legal questions about a City's liability for adverse impacts on private property where no physical invasion has occurred. George Eiser August 13, 2002 Page 3 The Amicus Brief The primary purpose of the Amicus Brief will be to explain to the Court of Appeal the potential impact its decision will have on the actions of municipalities throughout California. It will also discuss the legal standards a Court should use in determining whether a municipality is liable under inverse condemnation when its actions or inactions have adverse impacts on private property where no physical invasion has occurred. San Diego's Appellant's Opening Brief was filed on June 24, 2002. Border B. P.'s Respondent's Brief is currently due by September-23, 2002. We are planning to file the Amicus Brief after the filing of Border B. P.'s Brief, or at approximately the same time as San Diego's Reply Brief is filed. If you have any questions concerning the case or the position to be taken in the Amicus Brief, please call Don Lincoln at (619) 544-0123. We would be happy to provide you with a copy of San Diego's Opening Brief on Appeal if you believe it would be helpful in making your decision as to whether or not to join in the Amicus Brief. If you do agree to join in this Amicus Brief, please send to Don Lincoln at Endeman, Lincoln, Turek & Heater, 600 B Street, Suite 2400, San Diego, CA 92101, an Authorization of Representation, which includes your state bar number, as soon as possible. LED;js Acrla4d ,,,o) 5/Aff Very truly yours, CASEY GWINN, City Attorney By Executive Assistant City Attorney MICHAEL M. POLLAK SCOTT J. VIDA GIRARD FISHER • DANIEL P. BARER • JUDY L. McKELVEY REBECCA E. ORLOFF ANNA L. BIRENBAUM WILLIAM 1. BATTLES OF COUNSEL: MICHAEL R. NEBENZAHL • CERTIFIED SPECIALIST. APPELLATE LAW STATE BAR OF CALIFORNIA BOARD OF LEGAL SPECIALIZATION • George Eiser City Attorney 1243 National City Blvd. National City, CA 91.950 POLLAK, VIDA & FISHER ATTORNEYS AT LAW 1801 CENTURY PARK EAST 26TH FLOOR LOS ANGELES. CALIFORNIA 90067-2343 August 9, 2002 TELEPHONE (310) 551-3400 FAX (310) 551.1036 E-MAIL law pvandf.com INTERNET www.pvandf.com IMMEDIATE ATTENTION REOUESTED Re: Request for Participation in California Supreme Court Amicus Brief and United States Supreme Court Amicus Brief Eastburn v. Regional Fire Protection Authority California Supreme Court No. S 107792 Chavez v. Martinez U.S. Supreme Court No. 01-1444 Dear Mr. Eiser: I write to ask your city to join in two amicus briefs that we are preparing on behalf of California's Cities: • Eastburn, pending in the California Supreme Court; and • Chavez, pending in the United States Supreme Court. The League of California Cities has asked our firm to prepare both briefs. I will write the Eastburn brief. My partner, Girard Fisher, will wrote the Chavez brief. The League does not submit amicus briefs in its own name. Instead, it encourages individual cities to lend their names. Therefore, we are asking all California cities to join as amici. THE CHAVEZ BRIEF IS DUE SEPTEMBER 5, 2002. PLEASE RESPOND BY FAX (310-551-1036) NO LATER THAN WEDNESDAY, AUGUST 28, 2002. THE CASES Eastburn v. Regional Fire Protection Authority Minor plaintiff Felicia Eastburn was electrocuted while taking a bath. Her parents called 911. Plaintiffs allege that the 911 dispatcher delayed in sending emergency services to the scene, exacerbating Felicia's injuries. They sue the public entity dispatcher (the Regional Fire Protection Authority) and the City of Victorville for failing to send help earlier. The trial court threw the case out on demurrer. It found that the. defendants owed no duty to the plaintiffs. In a published opinion', the appellate court affirmed. It held that the plaintiffs could not sue the entity for providing inadequate service; and that.Health & Safety:. Code section. '799.107 (which immunizes "emergency personnel" from liability unless they are grossly negligent or act in bad faith) applies to 9i 1 operators. On both points it expressly disagreed with a case from another California appellate court, Ma v. City and County of San Francisco (2002) 95 Cal.App.4th 488 [115 Cal.Rptr.2d 544]. On July 31, 2002, the California Supreme granted review in Eastburn, to decide the split in authority between Eastburn and Ma. Eastburn poses these core issues: • Government Code section 815(a) says that public entities cannot be held liable except by statute. No statute holds public entities directly liable for providing 911 emergency dispatch services negligently. Nevertheless, does a public entity enter into a "special relationship" with each of its constituents requiring it to provide prompt emergency services in response to 911 calls -- and exposing it to liability if it fails to do so? Does Health & Safety Code section 1799.107 protect 911 operators and dispatchers from liability (and their public entity employers from vicarious liability) for ordinary negligence? This case willaffect the liability of all public entities that provide or participate in 911 dispatch services. Understate law, all public entities must provide or participate in 911 systems. An appellate decision for the plaintiffs would therefore exposeevery city to suit by any citizen who believes the response to his 911 call was not fast enough. ' Eastburn v. Regional Fire Protection Authority (2002) 98 Cal.App.4th 426 [119 Cal.Rptr.2d 655]. Chavez v. Martinez During a scuffle, plaintiff Oliverio Martinez grabbed the investigating officer's gun. A backup officer shot Martinez several times. While Martinez received emergency treatment, defendant Sergeant Chavez interrogated him. Chavez failed to read Martinez his Miranda rights. He continued the interview for over 45 minutes, even though Martinez told him he did not want to talk and complained of extreme pain. In a section 1983 damages case, the District Court found that Chavez's emergency -room interrogation violated Martinez's Fifth and Fourteenth Amendment rights. The Ninth Circuit affirmed. On June 3, 2002 the United States Supreme Court granted review. The Ninth Circuit's Martinez opinion expands cities' liability in two important respects. The United States Supreme Court has explicitly stated that a Fifth Amendment violation can only occur at trial.' Nevertheless, Martinez holds that the very act of coercion triggers liability, even if the statement is never used against defendant 4 Since the Fifth Amendment is only a trial right, the remedy for its violation is the exclusion of illegally obtained statements from court, not payment of monetary damages? Chavez, however, establishes a novel civil remedy for violation of either the Fifth or Fourteenth Amendments.6 Under Chavez, an interrogation subject need not suffer palpable legal, physical, or mental harm to successfully sue a city under Section 1983. Even a mere technical violation of Miranda may now result in a substantial damage award. ' United States v. Verdugo-Urquidez, (1990) 494 U.S.259, 264 108 L. Ed. 2d 222 [110 S.Ct. 1056] 4 Martinez v. City of Oxnard (2001) 270 F.3d 852, 857. 5 Withrow v. Williams (1993) 507 U.S. 680, 692 123 L. Ed. 2d 407 [113 S. Ct. 1745]; Martinez, supra, at 856. 6 Martinez, supra, a* R56 n2. REQUEST It is important to get the cities on board. We want to let the Supreme Courts know that these cases affect every city in California -- and that those cities oppose these attempts to expand their liability. If your city is willing to participate, please complete and return the enclosed authorization to my office. We request that you respond within two weeks of this letter's date. In any event, because the Chavez brief must be filed by September 5, 2002, we request that if you wish to be included in that brief you respond no later than August 28, 2002. Thank you. Very truly yours, POLLAK, VIDA & FISHER DANIEL P. BARER DPB:rp Enclosure JETS & HOGIN, LLP A LAW PARTNERSHIP MICHAEL JENKINS CHRISTI HOGIN MANHATTAN TOWERS GREGG KOVACEVICH 1230 ROSECRANS AVENUE, SUITE 110 MANHATrAN BEACH, CALIFORNIA 90266 (310)643-8448 • FAX (310) 643-8441 www.LocALGovLAw.com W.LOCALGOVLAW.COM WRITER'S EMAIL ADDRESS: CHOGIN@LOCALGOVLAW.COM August 8, 2002 Re: Request to Join Amiens Brief Defending Applicability of Local Zoning to Water District Owned Property — Topsail Court Homeowners Association v. Soquel Creek Water District, et aL Dear California City Attorney: I am writing on behalf of the League of California Cities to request your support for the micas brief that will soon be filed with the California Supreme Court in the above -entitled action. At issue in this case is whether water treatment facilities are exempt from local building and zoning ordinances under Government Code § 53091. That section reads, in pertinent part: ...Building ordinances of a county or city shall not apply to the location or construction of facilities for the production, generation, storage, or transmission of water, wastewater... ...Zoning ordinances of a county or city shall not apply to the location or construction of facilities for the production, generation, storage, or transmission of water.... The case, Topsail Court Homeowners Assn. V. County of Santa Cruz (2002) 95 Cal. App.4th 835, 116 Cal.Rptr.2d 145, arose after Soquel Creek Water District (SCWD) purchased a lot in a four -parcel, single-family residential subdivision where it sought to construct a well along with a treatment plant that would remove contaminants from the extracted ground water. When the County of Santa Cruz refused to apply its building and zoning ordinances to the proposed project, the homeowners association filed the underlying action. August 8, 2002 Page 2 Noting that the Legislature failed to exempt "treatment" facilities in section 53091, the Appellate Court correctly applied standard rules of statutory construction and concluded that it was the duty of the court to construe strictly the exceptions that did appear in the statute. Because only a liberal interpretation of the language would have permitted the court to conclude that the section 53091 exemptions included water treatment facilities, the court refused to accept the water district's position. The potential implications of a reversal in this case are enormous. If the Supreme Court accepts the Water District's position, there would be no mechanism to prevent water districts from placing large centralized facilities wherever they choose. While the Water District relies heavily on the argument that co -location of wells and treatment facilities is an economic necessity, a blanket exemption would not only afford districts the opportunity to co -locate such facilities, but would also allow for the construction of large centralized facilities in any area, regardless of economic considerations. The amicus brief argues (1) that the statutory construction urged by the Water District would require an expansion of the language beyond what the Legislature logically intended; (2) that the construction of section 53091 urged by the Water District would lead to absurd results and run contrary to established principles of statutory construction; (3) that the Legislature has not indicated that water treatment facilities must be placed in the most cost-efficient location at the expense of the local government's authority to formulate and implement its own land use policies; (4) that the Water District's economic efficiency argument is illusory; and (5) that the legislative history demonstrates the Legislature's intent to solidify local zoning control through section 53091. The League of California Cities urges you to join in our effort to defend local governments' just authority in this very sensitive area. If you would like to add your city's name to the brief, please complete the enclosed authorization and fax it to (310) 643-8441 by August 15, 2002. Thank you very much for your anticipated support. Very truly yours, • CITY AND COUNTY OF SAN FRANCISCO DENNIS J. HERRERA City Attorney TO ALL CALIFORNIA CITY ATTORNEYS OFFICE OF THE CITY ATTORNEY ANDREW W. SCHWARTZ Deputy City Attorney DIRECT DIAL: (415) 554-4620 E-MAL: andrew schwartz@ci.sf.ca.us July 30, 2002 Re: Chevron, USA. Inc. v. Cayetano (9th Cir. 2000) 224 F.3d. 1030 Dear City -Attorney: In the above case, the Ninth Circuit sharply departed from well -settled law and ordered that a heightened standard of review should be applied to a Hawaii pricecontrol law challenged as a taking. Following remand and trial, the district court found that the regulation effected a taking and invalidated the regulation: The court essentially substituted its judgment for that of the State Legislature as to the wisdom and efficacy of an economic policy. The State of Hawaii has appealed to the Ninth Circuit again. San Francisco will file an amicus curiae brief in support of Hawaii in the Ninth Circuit. This is a request that your city join in the brief. In Chevron, USA. Inc. v. Cayetano (9TH Cir. 2000) 224 F.3d. 1030 ("Chevron I"), Chevron challenged Act 257, passed by the Hawaiian legislature to reduce Hawaii's relatively high price of retail gasoline: (224 F.3d at p. 1033 & fn.3.) The Act limited to 15% of gross profit the amount of rent oil distributors could charge gasoline retailers who leased company - owned filling stations. In a 2-1 decision, the Ninth Circuit ordered the district court to apply a heightened standard of review to the Act under Nollan v. California Coastal Cont. (1987) 483 U.S. 825 and Dolan v. City of Tigard (1994) 512 U.S. 374. (224 F.3d at p. 1037.) The majority decided that a trial was necessary to "predict" whether the statute would substantially advance the avowed objective of the law, namely to reduce the retail price of gasoline to consumers. The Court rejected the State's argument that the validity of a land use ordinance shouldbe evaluated under the traditional, more deferential, rational basis standard of the Due Process Clause. Instead, the court allowed a judge or a jury — after hearing evidence from economists predicting the effect of the program — to apply their subjective judgment to determine whether the price controls would be effective. Following Chevron I, Hawaii petitioned for certiorari to the United States Supreme Court.' San Francisco and others filed amicus briefs in support of certiorari. Many California cities joined in San Francisco's brief. Unfortunately, the Supreme Court denied the petition, allowing the case to go to trial. Hawaii petitioned for certiorari on two questions: (1) Does the Takings Clause authorize a court to invalidate state land use regulatory legislation on its face, without regard to whether it diminishes economic value or causes any physical invasion of the plaintiffs property, when the court concludes that the statute does not substantially advance a legislative purpose; and (2) Does the facial constitutional validity of state legislation depend on whether a federal court predicts that it will achieve its objective. CITY HALL ROOM 234 • 1 DR. CARLTON B. GOODLETT PLACE • SAN FRANCISCO, CALIFORNIA 94102-0917 RECEPTION: (415) 554-4700 - FACSIMILE: (415) 554-4757 n: for W use\ascnwM\tok'vps\amicus\cayetonoVoige2.m CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY Page 2 July 30, 2002 On remand, the district court decided that the Hawaii law was indeed a taking. Hawaii has appealed. The trial record shows that the district court, in choosing between conflicting economists' opinions, was making economic policy. With the full trial record, the State and amici are able to present a stronger case than was possible with the limited record in Chevron I that the Ninth Circuit overstepped the constitutional limits on the powers of the judiciary. In the amicus brief, San Francisco will argue that democratically elected legislators best -make detisjDns-as-to The wisdom and effectiveness of land use-policies:(S-ee`Santa Monica Beach, Ltd. v. Superior Court (1999) 19 Cal.4t 952.) Under the Separation of Powers Doctrine, the Constitution vests the legislative branch with the authority to make economic policy. The Constitution limits the role of the judiciary to restraining the arbitrary exercise of legislative authority. (See, e.g., Penn Central Transportation Co. v. New York City (1978) 438 U.S. 104, 125.) Whether a price control will have its intended effect in a complex industry is usually the subject of legislative committee hearings. The legislators consider testimony from a range of experts and fashion a policy that will promote the general health, safety, and welfare. Predicting the impact of price controls in an industry such as retail gasoline sales is quintessentially a legislative function. The courts have no greater right to interfere with this policy than they have in dictating zoning decisions, safety requirements for autos, or the proper procedure for pasteurizing milk. The doctrine of federalism further provides that land use decisions are traditionally made at the local level. (See, e.g., Hess v. Port Authority Trans -Hudson Corporation (1994) 513 U.S. 30, 44 ["[R]egulation of land use [is] a function traditionally performed by local governments"].) The United States Supreme Court recently affirmed the importance of this federal -state balance over land and water use was in Solid Waste Agency v. United States Army Corps of Engineers (2001) 531 U.S. 159, 174 ["Permitting respondents to claim federal jurisdiction over ponds and mudflats falling within the "Migratory Bird Rule" would result in a significant impingement of the States' traditional and primary power over land and water use."]. A federal court's review of land use decisions should be deferential to state and local agencies. The Executive Committee of the Legal Advocacy Committee of the California League of Cities urges all California cities to join in San Francisco's brief. If your city agrees to join, please complete the enclosed form by September 2, 2002 and return it to our office. There is no cost to your city to join. If you are unable to respond by September 2 because you must secure a decision of the governing body of your city, you may still join in the brief by returning the form to us after September 2. It may be necessary to notify the Court of your joinder by letter after the brief is filed. Please feel free to call me at 415/554-4620 or Susan Cleveland at 415/554-6769 with any questions or suggestions. - Very truly yours, DENNIS J. HERRERA Attorney REW W. SCHWARTZ Deputy City Attorney N: N!W DUSE1ASCHWART\TAKINGS\AMICUS\CAVETANOUOINDERZUR City of National City, California COUNCIL AGENDA STATEMENT EETING DATE AUGUST 20, 2002 AGENDA ITEM NO. 6 ITEM TITLE PROJECT SCHEDULE UPDATE FOR UNDERGROUND UTILITY DISTRICT NO.21 (PHASE III) ALONG HIGHLAND AVENUE FROM 16TH STREET TO 24TH STREET PREPARED BY Din Daneshfar DEPARTMENT Public Works/Engineering EXPLANATION In compliancetwith Section 8 of Ordinance No, 1414, on February 19, 2002, the City Council approved Resolution No. 2002-20 establishing the dates for the property owners to be ready to receive underground services and for the removal of the poles and overhead wires within the District 21 (Phase III). The dates were established as follows: 1. Customer Ready Date: May 3, 2002 2. Pole Removal Date: October 25, 2002 However, San Diego Gas and Electric has recently informed us (see attached letter dated July 22, 2002) that the customer ready and pole removal dates are to be rescheduled due to budgetary constrains as follows: 1. Customer Ready Date: January 17, 2003 2. Pole Removal Date: June 27, 2003 The utility companies will notify the owners of properties within the district boundaries. Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Update the schedule BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. SDG&E letter Approved By: Finance Director Account No. Resolution No. A-200 (9;99) SpGE ° Sempra Energy company July 22, 2002 Mr. Burt Myers City of National City 1243 National City Boulevard National City, CA 92050-4397 Gt:I Ej,; ;ift: _.,.ti'. DEPT. ECEIvED Date (2 Y! 5 D. .messnea£21 Subject: Highland Avenue 20A Conversion, Phase III Dear Mr. Myers: San Diego Gas & Electric 8315 Century Park Court San Diego, CA 92123-1550 PLA 300 Proj 606250 San Diego Gas & Electric is nearly complete with the trench and conduit installation work in the street for Highland Avenue 20A Conversion, Phase III (between 16th and 24th Streets). Service trench and conduit work, cabling and removal of overhead facilities remain. SDG&E had committed to a last pole out date of October 25, 2002. However, because of budgetary constraints, that date must be adjusted. SDG&E diligently scheduled and pursued construction activities to coincide with commitment dates. We organized very rigorous schedules throughout our service territory using contracted crews. Unfortunately, the same is true in other utilities. The resulting supply versus demand ratio, for available crews compared to the number of conversion jobs, has resulted in bids that are much higher than originally estimated using historical averages. Our expenditures are already closing in on our conversion budget allocation for the budget year 2002. We cannot allow an overrun to occur. SDG&E will therefore complete the trench and conduit work within the street. However, the remaining work must be delayed until next fiscal year, which begins January j, 2003. New dates have been identified. A revised customer ready date is January 17, 2007. A revised last pole out date is June 27, 2003. Highland Avenue 20A Conversion, Phase IV, and 8th Street 20A Conversion, Phase I, are still on schedule for construction in 2003. Our apologies for any inconvenience this may cause. Dennis Gerschoffer Governmental Liaison 858-636-3980 Fax 1619-819-4297 (Include 1619 prefix when faxing) xc: Mark Serrano Ken Smith Yolando Vitug City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE August 20, 2002 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #06 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #06 per Government Section Code 37208. I recommend ratification of these warrants for a total of $ 992,908.96. ATTACHMENTS ( Listed Below ) 1. Warrant Register #06 L.,, 2. Workers Comp Warrant Register dated 07/31/02 3. Payroll Warrant Register dated 07/31/02 A-200 (9 991 Resolution No. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 20, 2002 8 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #07 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #07 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: Finance Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 410,114.71. BOARD / COMMISSION R • COM EN AT ON i ATTACHMENTS ( Listed Below ) 1. Warrant Register #07 , 2. Workers Comp Warrant Register dated 08/07/02 Resolution No. A-200 c9 9999 1 City of National City, California COUNCIL AGENDA STATEMENT .4EETING DATE August 20, 2002 9 AGENDA ITEM NO. ITEM TITLE RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A PAWN SHOP IN THE HIGHLAND PLAZA SHOPPING CENTER AT 1050 HIGHLAND AVENUE, SUITE E, ADJACENT TO THE FORMER FEDCO PARKING LOT (APPLICANT: NIGAL, INC./EXPRESS FINANCIAL SERVICES) (CASE FILE NO.: CUP-2002-12) PREPARED BY Jon Cain DEPARTMENT Planning EXPLANATION The Council voted to approve this item at the August 6 public hearing. The attached resolution is needed to follow through on the action. Environmental Review X NIACategorical Exemption Financial Statement N/A STAFF RECOMMENDATION Adopt the attached resolution. gcp BOARD / COMMISSION RECOMMENDATION ATTACHMENTS Resolution cf eIo Account No. 2002-126 Resolution No. A-200 (9/80) ,. RESOLUTION NO. 2002 - 126 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A PAWN SHOP IN THE HIGHLAND PLAZA SHOPPING CENTER AT 1050 HIGHLAND AVENUE, SUITE E, ADJACENT TO THE FORMER FEDCO PARKING LOT APPLICANT: NIGAL, INCJEXPRESS FINANCIAL SERVICES CASE FILE NO. CUP-2002-12 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for a pawn shop in the Highland Plaza Shopping Center adjacent to the former Fedco Parking Lot at the regularly scheduled City Council meeting of August 6, 2002, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. CUP-2002-12 which is maintained by the City, and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and, WHEREAS, this 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 City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearing held on August 6, 2002, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the use can be acconunodated by an existing suite in a shopping center without any new construction. 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 it is located on Highland Avenue, an arterial sweet which is operating beneath capacity, since the proposed use is not anticipated to generate higher traffic levels than the previous use, and since the project proposes no changes to the existing driveway access to the street. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since it will function as a typical retail use in an existing shopping center and is not expected to create new impacts. August 20, 2002 Page Two 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide a service that is in demand among consumers. BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a pawnshop at 1050 Highland Avenue, Suite E. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, case file no. CUP- 2002-12, dated 5/9/2002. 2. Plans submitted for Building Permit must comply with the 1998 editions of the California Building, Mechanical, Plumbing, and Electrical Codes and the California Title 24 handicapped and energy regulations. 3. The deteriorated portions of the existing street improvements, including 20 feet of driveway and 20 feet of sidewalk along the property frontage, shall be removed and replaced. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 4. Before this Conditional Use 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 Conditional, Use Permit. The applicant shall 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 Conditional Use 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. 5. 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. 6. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. t,.,,,' August 20, 2002 Page 3 7. The business shall be operated in compliance with Municipal Code Title .6 at all times. 8. This Conditional Use Permit may be revoked upon the recommendation of the Police Department if the operator is found to be in violation of any state or local law regulating pawnshops. I 9. Transactions involving firearms are prohibited at the site. 10. This Conditional Use Permit shall expire five years from the date of adoption of this Resolution. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 20th day of August, 2002. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: S George H. Eiser, III City Attorney George H. Waters, Mayor City of National City COUNCIL AGENDA STATEMENT August 20, 2002 MEETING DATE: AGENDA ITEM NO. 10 ITEM TITLE: AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF SAN DIEGO FOR THE EXPANSION OF THE SOUTHBAY ENTERPRISE ZONE. PREPARED BY: Paul Desrochers, tExecutive Director EXPLANATION: DEPARTMENT Community Development Commission See attached Community Development Commission agenda item r Environmental Review N/A Financial Statement Not to exceed $29,440.50 per year for 4.5 years for a total amount not to exceed $120,063 to be reimbursed by the Community Devel- opment Commission 1 rSTAFF RECOMMENDATION Approve above referenced resolution BOARD/COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) 1. Community Development Commission Staff Report 2. Memorandum of Understanding with the City of San Diego 2002-127 Resolution No. RESOLUTION NO. 2002 —127 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF SAN DIEGO FOR THE EXPANSION OF THE SOUTH BAY ENTERPRISE ZONE WHEREAS, the City of San Diego received designation from the California Trade and Commerce Agency for the South Bay Enterprise Zone on January 27, 1992, as a 15- year state designated area within which businesses may claim certain state tax benefits, primarily for hiring qualified new employees and/or purchasing equipment to stimulate investment in economically distressed areas; and WHEREAS, the existing South Bay Enterprise Zone has acres available for expansion based on California state law that permits the expansion of Enterprise Zones by up to 20% of the originally designated area, if less than 13 square miles at the time of designation; and WHEREAS, the City of San Diego will seek to expand the boundaries of the South Bay Enterprise Zone by no more than 125 acres, leaving a surplus of 208.25 acres; and WHEREAS, the City of National City is currently unable to obtain an Enterprise Zone designation from the California Trade and Commerce Agency due to the legislative limitation of 39 Zone designations, all of which have already been established within the state; and WHEREAS, it is recommended that an expansion of the South Bay Enterprise Zone to include an additional 84.48 acres, particularly described in Exhibit A attached hereto and incorporated herein by this reference and from hereon referred to as the "Zone Expansion Area," would promote private business investment and the creation of new job opportunities to benefit low-income and other disadvantaged community residents; and WHEREAS, the Port of San Diego owns approximately 47.76 acres of property located in the Cities of National City and San Diego adjacent to the existing boundaries of the South Bay Enterprise Zone, which is included in the proposed expansion request; and WHEREAS, the City of San Diego received designation in November 1998 from the California Trade and Commerce Agency for a Targeted Employment Area (TEA) comprised of low- and moderate -income 2000 Census tracts in conjunction with the South Bay Enterprise Zone to encourage Enterprise Zone businesses to hire TEA residents in order to receive state tax credits on wages paid to these employees; and August 20, 2002 Page 3 5. The Zone expansion is exempt from CEQA pursuant to Subsection (B) (3) of the State CEQA Guidelines. PASSED and ADOPTED this 20th day of August, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 08/15/2002 THU 16:24 FAX 619 336 4286 CDC OF NATIONAL CITY [ 002/010 ATTACHMENT 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF NATIONAL CITY THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made by and between the CITY OF SAN DIEGO ("SAN DIEGO"), a California municipal corporation, and the CITY OF NATIONAL, CITY ("NATIONAL CITY"), a California municipal corporation. WHEREAS, in 1990, the San Diego City Council directed the City Manager to submit a preliminary application to the State of California Technology, Trade & Commerce Agency to compete for a state Enterprise Zone designation to include the communities of San Ysidro, Otay Mesa, and Otay Mesa/Nestor; WHEREAS, the State of California Legislature established Enterprise Zones for the purpose of creating jobs and stimulating private investment in economically distressed areas/jurisdictions; WHEREAS, in 1992, SAN DIEGO was awarded a 15 year designation for the South Bay Enterprise Zone; WHEREAS, in 1995, California legislation was approved increasing Enterprise Zones acreage expansion capacity from 15% to 20% increasing the expansion opportunities from 907.5 acres to 1210 acres for the San Ysidro/Otay Mesa Zone; WHEREAS, SAN DIEGO has already expanded the South Bay Enterprise Zone by 1001.75 acres and may seek to further expand the boundaries of the Zone by no more than 125 acres, which leaves surplus expansion capacity of 208.25 acres; WHEREAS, SAN DIEGO changed the name of the San Ysidro/Otay Mesa Enterprise Zone to the South Bay Enterprise Zone in December of 2000 upon approval from the California Technology, Trade & Commerce Agency to reflect the regional boundary of the Enterprise Zone; WHEREAS; NATIONAL CITY is currently unable to obtain an Enterprise Zone designation from the California Technology, Trade & Commerce Agency due. to the legislative limitations on Zone designations limiting California Enterprise Zones to 39; WHEREAS; the San Diego Unified Port District owns approximately 47.76 acres of property located in NATIONAL CITY adjacent to the existing boundaries of the South Bay Enterprise Zone which is included in the proposed expansion area; 08/15/2002 TD[ 16:25 FAX 619 336 4286 CDC OF NATIONAL CITY 003/010 WHEREAS; the proposed Enterprise Zone expansion would involve a regional partnership between SAN DIEGO, NATIONAL CITY and the Port of San Diego with each providing funding and/or programmatic support; WHEREAS; NASSCO, Knight & Carver Yachtcenter, Inc., Motivational Systems, Inc., Reliance Metal Center, Inc. and other business and property owners located in the City of NATIONAL CITY would like to expand their facilities and/or redevelop property in an expanded South Bay South Bay Enterprise Zone; WHEREAS; the City of San Diego, Community and Economic Development Department, having administrative and reporting responsibilities to the California Technology, Trade & Commerce Agency for two California Enterprise Zones, 15 years of technical experience with the Enterprise Zone program, and a successful Enterprise Zone Job Referral/Placement Service issuing over 8,000 hiring vouchers to .Enterprise Zone companies through a collaboration with the California Employment Development Department and the San Diego Workforce Partnership, is willing and capable of sharing this expertise with NATIONAL CITY and NATIONAL CITY businesses; WHEREAS; SAN DIEGO has an approved Targeted Employment Area (TEA) incorporating all of the low- and moderate -income 1990 Census tracts within its jurisdiction as designated areas approved by the Trade & Commerce Agency to encourage Enterprise Zone businesses to hire TEA residents and therefore receive state tax credits on wages paid to these employees. WHEREAS; An expansion of the existing TEA to include low- and moderate -income 1990 Census tracts in NATIONAL CITY would benefit businesses in the Zone and residents of San Diego and NATIONAL CITY; and WHEREAS; SAN DIEGO and NATIONAL CITY support regional economic. development that benefits all citizens and businesses of South County; NOW, THEREFORE, in consideration of the recitals and mutual obligations of the parties as herein expressed, SAN DIEGO and NATIONAL CITY agree as follows: Section l: South Bay Enterprise Zone Expansion SAN DIEGO shall request from the California Technology, Trade & Commerce Agency an expansion of the boundaries of the South Bay Enterprise Zone (Zone). The expansion request shall include certain properties in the City of NATIONAL CITY as described in Exhibit A attached hereto and incorporated herein by this reference and from hereon referred to as the "ZONE EXPANSION AREA". The Zone Expansion Area is limited to 82.87 acres and shall include the following sites and acreage based on the most current GIS and Assessor's data available: 08/15/2002 THU 16:25 FAX 619 336 4286 CDC OF NATIONAL CITY [ 004/O10 1. Knight and Carver Yachtcenter, Inc., 8.40 acres; 2. R.E. Staite Engineering, Inc_, 3.79 acres; 3. PASHA Properties, 35.57 acres; 4. Reliance Metal Center, Inc., 3.72 acres; 5. Motivational Systems, Inc., 1.77 acres; 6. Vacant Land, 12.23 acres; and 7. Approximately 19 acres of right-of-way for contiguity with existing Zone boundaries. TOTAL EXPANSION AREA 84.48 ACRES SAN DIEGO shall further request from the California Technology, Trade & Commerce Agency an expansion of the boundaries of the San Diego Targeted Employment Area (TEA). The TEA expansion request shall include low- and moderate -income 1990 Census tracts in the City of NATIONAL CITY as described in Exhibit B attached hereto and incorporated herein by this reference. SAN DIEGO and NATIONAL CITY will collaborate to comply with the requirements of the California Technology, Trade & Commerce Agency for Zone and TEA expansions as follows: SAN DIEGO: 1) The SAN DIEGO City Manager will request from SAN DIEGO City Council a resolution authorizing him to submit a request to the State of California Technology, Trade & Commerce Agency to expand the South Bay Enterprise Zone to include the ZONE EXPANSION AREA contiguous to the existing Zone boundaries. 2) The SAN DIEGO City Manager willinitiate a request for another SAN DIEGO City Council resolution authorizing the expansion of SAN DIEGO's TEA to include low - and moderate -income 1990 Census tracts in the City of NATIONAL CITY. 3) SAN DIEGO staff will coordinate and provide technical assistance to NATIONAL CITY in preparing documentation required for the Zone and TEA expansion requests. 4) SAN DIEGO staff will submit a request with all pertinent documentation to the California Technology, Trade & Commerce Agency requesting the expansion of SAN DIEGO's existing Zone and TEA. 08/15/2002 THt 16:26 FAX 619 336 4286 CDC OF NATIONAL CITY a005/010 NATIONAL CITY: 1) NATIONAL CITY City Manager will request from City. Council a resolution supporting SAN DIEGO's Zone and TEA expansion requests to the California Technology, Trade & Commerce Agency. 2) NATIONAL CITY staff or designated representive will prepare all documentation required by the California Technology, Trade & Commerce Agency for the Enterprise Zone and TEA expansions including, but not limited to, the following: a) NATIONAL CITY City Council resolution supporting SAN DIEGO's Enterprise Zone expansion request to the California Technology, Trade & Commerce Agency to include property in the City of NATIONAL CITY. b) Map/s illustrating the proposed ZONE EXPANSIONAREA limited to 84.48 acres with commercial or industrial zoning and contiguous to the existing Zone's most northerly boundary line. c) Modification to the Zone's boundary description document to include the Zone Expansion Area. d) Modification to the Zone's street range document to include the Zone Expansion Area.. e) Modification of SAN DIEGo's TEA street range document to include NATIONAL CITY's low- and moderate -income 1990 Census tracts. Section II: Zone Administration As the grantee of the Zone designation, SAN DIEGO will continue to assume responsibility for the administration of the Zone which includes coordinating and submitting all annual reports to the California Technology, Trade & Commerce Agency, overseeing the employee certification and vouchering process, and administering the job placement/referral service. SAN DIEGO and NATIONAL CITY will collaborate on the following: 1) Establishing goals and objectives for the Zone, as expanded. 2) Developing and implementing marketing strategies including, but not limited to workshops, press releases, marketing materials, trade shows and business outreach. 3) SAN DIEGO and NATIONAL CITY staff shall meet quarterly to discuss such issues as policy changes affecting this MOU, existing and new work plans, progress and tracking of goals and objectives, joint administrative issues, and annual reporting requirements 4) Enterprise Zone business attraction activities and responses to Enterprise Zone site selection requests from economic development organizations and/or businesses whenever possible. SAN DIEGO and NATIONAL CITY further agree that all South Bay Enterprise Zone promotional materials designed for distribution to the public, businesses and economic development organizations shall include information on both jurisdictions whenever 08/15/2002 THU 16:26 FAX 619 336 4286 CDC OF NATIONAL CITY 006/010 possible and shall be reviewed and mutually agreed to by designated employees from both SAN DIEGO and NATIONAL CITY whenever both jurisdictions are referenced. Each city will collect and maintain pertinent data for the respective jurisdiction as required by the Trade and Commerce Agency for annual reports and state audits, and as required by their respective City Managers and City Councils. This information includes, but is not limited to, the following: 1) List of existing businesses within the Zone 2) New businesses locating in the Zone 3) Number of companies receiving vouchers 4) Number of vouchers issued 5) Number of jobs created and/or retained within the Zone 6) Number of residential and commercial building permits issued and valuation of structures for which building permits are issued 7) Value and nature of incentives provided to companies within the Zone, and 8) Number of business inquiries requesting information on Zone incentives. Each jurisdiction shall have an assigned employee responsible for responding to inquiries regarding the Enterprise Zone Program benefits, collecting and updating data for reporting purposes, and for additional support to the Zone Program as required. These assigned positions, upon execution of this MOU, shall be the South Bay Enterprise Zone Program Manager for SAN DIEGO and -the —Business Retention Specialist for NATIONAL -CITY. SAN DIEGO will also have a designated employee responsible for assisting Zone businesses located in both jurisdictions with employee certification and vouchering in a timely manner. Section III: Compensation and Resources In consideration of SAN DIEGO's agreement to administer the entire Enterprise Zone Program and to coordinate workforce development services for businesses located in the Enterprise Zone and ZONE EXPANSION AREA, NATIONAL CITY shall be responsible for full compensation of the annualized amount of program funding to SAN DIEGO to provide additional administrative support for the Enterprise Zone expansion for fiscal years 2003- 2007 as described in Exhibit A ("City of San Diego Enterprise Zone Program: City of NATIONAL CITY Budget Contribution in Support of the South Bay Enterprise Zone Expansion, Fiscal Years. 2003-2007") attached hereto and incorporated herein by this reference. NATIONAL CITY shall reimburse the aforementioned annualized amount of program funding to SAN DIEGO through January 2007. The compensation and budget may be adjusted by no more than 5% per year and such adjustment must be approved in writing by the contract administrators for SAN DIEGO and NATIONAL CITY. In order to facilitate the aforementioned compensation agreement for the term of this MOU, NATIONAL CITY shall reimburse SAN DIEGO for time and materials within 15 days of receipt of a quarterly invoice detailing San Diego's expenditures and upon satisfactory 08/15/2002 THU 16:27 FAX 619 336 4286 CDC OF NATIONAL CITY 007/010 performance of this MOU. NATIONAL CITY may withhold any payment in the event that expenditures have not been properly accounted for or any other terms of this agreement have not been met. Section IV: Hold Harmless NATIONAL CITY and SAN DIEGO agree to defend, indemnify, protect, and hold harmless each other's agents, officers and employees from and against any and all claims asserted of liability established for damages or injuries to any person or property, including injury to NATIONAL CITY and SAN DIEGO employees, agents or officers which arise from or are connected with or caused or claimed to be caused by the acts or omission of the other or the other's agents, officers or, employees, in performing the work or services herein, and all expenses of investigating and defending against same; PROVIDED, however, that NATIONAL CITY and SAN DIEGO's duty to indemnify and hold harmless the other shall not include any claims or liability arising from the established sole negligence or willful misconduct of the other, its agents, officers or employees. Section V: General Provisions 1) The contract administrator for this MOU for SAN DIEGO shall be the Economic Development Division Deputy Director, and for NATIONAL CITY shall be the Community Development Commission Director. 2) All Exhibits referred to in this MOU are incorporated by reference and, by this reference, made a part of this MOU as though fully set forth herein. In the event of any discrepancy between the terms of this MOU and any Exhibit, the terms of this MOU shall control. 3) This MOU does not create any agency or partnership relationship. 4) This MOU is not assignable by either party. 5) This MOU is the sole and entire MOU between the parties relating to the subject matter hereof, and supersedes all prior understandings, agreements and documentation relating to such subject matter. Any modifications to this MOU must be in writing and signed by both parties. Section VI: TERM This MOU is effective upon approval by both cities and shall terminate upon expiration of the state designated Zone on January 27, 2007. The effectiveness of this MOU is also contingent upon the approval of a funding contribution to the expanded Enterprise Zone Program by the Board of Port Commissioners of the San Diego Unified Port District. The Board of Port Commissioners reserves the right to approve a proposed 70% funding contribution at its sole discretion. NATIONAL CITY agrees to exercise its best efforts to obtain Port approval of this funding reimbursement by no later than July 30, 2002. Should state legislation allow for extension of the Zone, the terms of this MOU are renewable based upon written agreement by SAN DIEGO and NATIONAL CITY. 08/15/2002 THU 16:27 FAX 619 336 4286 CDC OF NATIONAL CITY 1008/010 (N WITNESS THEREOF, this Memorandum of Understanding is executed by the City of San Diego, acting by and through its Economic Development and Community Services Director, and the City of NATIONAL CITY, acting by and through its City Manager, on this day of , 2002. THE CITY OF SAN DIEGO by HANK CUhJNINGHAM Economic Development and Community Services Director THE CITY of NATIONAL CITY by Tom McCabe City Manager I HEREBY APPROVE the form and legality of the foregoing Memorandum of Understanding this day of , 2002_ THE CITY OF SAN DIEGO CASEY GWINN, City Attorney by LISA A. FOSTER Deputy City Attorney THE CITY OF NATIONAL CITY GEORGE EISER, City Attorney by m ynles/EZIEzp a nsion s/nation alcity/mou. wpd/kylm ffx. Sta ite `s Knight and Carver Si P0;= 47.76 acres Naabnnal City ='1.7.72 acres ROW tiin Ejectars =19 00 acres Total. Expansion Area = 84.48 acres Existing South Bag Enterprise Zone tl MI adaa ad Mammy Slum ICMai sp Exhibit "A" ATTACHMEN • NATIONAL CITY CENSUS TRACTS ; Exhibit "B" Community Development Commission of the City of National City August 6, 2002 AGENDA ITEM NO. 1 TO: FROM: Chairman and Board Members VIA: r, Eric Crockett, Project Manager SUBJECT: PRESENTATION AND RESOLUTION NO. 2002-37: AUTHORIZING THE CDC TO REIMBURSE THE CITY OF NATIONAL CITY FOR EXPENSES ASSOCIATED WITH REPAYMENT TO THE CITY OF SAN DIEGO FOR ADMINISTRATION OF THE SOUTH BAY ENTERPRISE ZONE Paul Desrochers, Executive Director 41- f� Recommendation: Approve above referenced resolution and relative to the Memorandums of Understanding to be entered into between the City of National City, the San Diego Unified Port District and City of San Diego. Fiscal Impact: First year to be funded from the economic consultant budget under the Harbor District Redevelopment project in the amount of $26,106.00. Funding for subsequent years will be sought through the Community Development Block Grant program and from business participation. Environmental: CEQA is not applicable pursuant to section 15061, § (B)(3) of the State CEQA guidelines. Background: The City of San Diego approached the CDC and the Port of San Diego in June of 2002 with an opportunity to have portions of the National City Harbor District included within the South Bay Enterprise Zone (Exhibit "A" of Attachment "A") and to expand the Targeted Employment Area (TEA). Community Development Commission August 6, 2002 Agenda Item No. 1 Page 1 of 2 Attachment "A" Staff supports the expansion of the South Bay Enterprise Zone as an economic development tool that will stimulate private investment and increase employment opportunities and employee wages. By utilizing a portion of San Diego's existing Enterprise Zone expansion capacity, the City of National City would be able to offer significant tax incentives to businesses located or locating in the Zone expansion area. These tax benefits would encourage existing companies to expand, invest in additional machinery and equipment, and create new job opportunities for low-income and other community residents. The City of National City would also use the Enterprise Zone designation as a marketing tool to attract new businesses to the Harbor District. Benefits of the Zone would also enhance efforts of the city and the Port of San Diego to redevelop the bay front and attract quality businesses to that area. The proposed Enterprise Zone Expansion offers a unique opportunity for regional collaboration between the Cities of San Diego, National City and the Port District of San Diego. The City of San Diego, as the primary agency responsible for the administration of the Enterprise Zone Program, would need additional staff support to meet state requirements for data collection and reporting, marketing and business outreach, and employee vouchering for businesses in the Zone expansion area. Staff is proposing that the City of National City and the Port of San Diego consider a cost -sharing agreement/Memorandum of Understanding (Attachment "B") to fund the necessary increase in staff support for the expanded Enterprise Zone Program. Under the proposed agreement, the City of National City would fund 30% and the Port of San Diego would fund 70% of the Expanded Enterprise Zone expansion budget as described in Exhibit "A" of Attachment "A". The Board of Port Commissioners considered and adopted resolution of support and Memorandum of Understanding between the Port and National City for the Enterprise Zone expansion at its regular meeting on July 23, 2002. The draft MOU between the City of National City and the City of San Diego, included as Attachment "A", addresses issues of administration, resources and other collaborative efforts for the expanded Enterprise Zone program. Under the terms of the proposed MOU, the City of San Diego will administer the entire Enterprise Zone Program and coordinate workforce development services for businesses in the expanded Enterprise Zone. A designated employee at the City of San Diego will be responsible for providing employee certification and vouchering and technical assistance to National City businesses in the expanded Enterprise Zone. The draft MOU also proposes that the two cities work collaboratively to establish goals and objectives for the expanded Zone, and to develop and implement marketing strategies and materials to promote the expanded Zone. In addition, staff from both cities will meet on a quarterly basis to review progress toward goals and objectives, issues and policy changes affecting the Zone, administrative issues and annual state reporting requirements. Each city will be responsible for collecting and maintaining pertinent data for its respective jurisdiction to fulfill these reporting requirements. Community Development Commission Agenda Item No. 1 August 6, 2002 Page 2 of 2 Community Development Commission of the City of National City August 20, 2002 AGENDA ITEM NO. 1 TO: Chairman and Board Members FROM: Paul Desrochers, Executive Director VIA: Eric Crockett, Project Manager SUBJECT: RESOLUTION NO. 2002- : AMENDING RESOLUTION 2002-37 REGARDING THE CDC REIMBURSEMENT TO THE CITY OF NATIONAL CITY FOR EXPENSES ASSOCIATED WITH REPAYMENT TO THE CITY OF SAN DIEGO FOR ADMINISTRATION OF THE SOUTH BAY ENTERPRISE ZONE. Recommendation: Approve above referenced resolution amending resolution 2002-37. Fiscal Impact: First year to be funded from the economic consultant budget under the Harbor District Redevelopment project in the amount of $26,106.00. Funding for subsequent years will be sought through the Community Development Block Grant program and from business participation. Environmental: CEQA is not applicable pursuant to section 15061, § (B)(3) of the State CEQA guidelines. Background: The City of San Diego approved a resolution, which contained an increase of acres allotted to the National City in addition to a different acreage allocation (Exhibit "A"). The changes that were prepared by the Unified Port District and approved by the City of San Diego were as follows: Community Development Commission August 6, 2002 Agenda Item No. 1 Page 1 of 2 Attachment "A-1 1. Removed the National Distribution Facility (22.15 acres) 2. Removed the commercial site located in front of the Marina (6.84 acres) 3. Removed the San Diego Cold Storage facility (3.78) 4. Include PASHA properties (34.38 acres) Resolution 2002-37 requires an amendment to the resolution in order for the Enterprise Zone to be submitted to the State for designation. Community Development Commission Agenda Item No. 1 August 6, 2002 Page 2 of 2 RESOLUTION NO. 2002- 43 AMENDING RESOLUTION 2002-37 REGARDING THE CDC REIMBURSEMENT TO THE CITY OF NATIONAL CITY FOR EXPENSES ASSOCIATED WITH REPAYMENT TO THE CITY OF SAN DIEGO FOR ADMINISTRATION OF THE SOUTH BAY ENTERPRISE ZONE. WHEREAS, the city of San Diego received designation from the California Trade and Commerce Agency for the South Bay Enterprise Zone on January 27, 1992, as a 15-year state designated area within which businesses may claim certain state tax benefits, primarily for hiring qualified new employees and/or purchasing equipment to stimulate investment in economically distressed areas; and WHEREAS, the existing South Bay Enterprise Zone has acres available for expansion based on California state law that permits the expansion of Enterprise Zones by up to 20% of the originally designated area, if less than 13 square miles at the time of designation; and WHEREAS, the City of San Diego will seek to expand the boundaries of the South Bay Enterprise Zone by no more than 125 acres, leaving a surplus of 208.25 acres; and WHEREAS, the City of National City is currently unable to obtain an Enterprise Zone designation from the California Trade and Commerce Agency due to the legislative limitation of 39 Zone designations, all of which have already been established within the state; and WHEREAS, it is recommended that an expansion of the South Bay Enterprise Zone to include an additional 84.48 acres, particularly described in Exhibit A attached hereto and incorporated herein by this reference and from hereon referred to as the "Zone Expansion Area," would promote private business investment and the creation of new job opportunities to benefitlow-income and other disadvantaged community residents; and WHEREAS, the Port of San Diego owns approximately 47.76 acres of property located in the cities of National City and San Diego adjacent to the existing boundaries of the South Bay Enterprise Zone, which is included in the proposed expansion request; and WHEREAS, the City of San Diego received designation in November 1998 from the California Trade and Commerce Agency for a Targeted Employment Area (TEA) comprised of low- and moderate -income 2000 Census tracts in conjunction with the South Bay Enterprise Zone to encourage Enterprise Zone businesses to hire TEA residents in order to receive state tax credits on wages paid to these employees; and WHEREAS, an expansion of the TEA to include low -and moderate -income 2000 Census tracts in the City of National City, particularly described in Exhibit B attached hereto and incorporated herein by this reference, would promote workforce development and employment opportunities created by businesses located within the Enterprise Zone to benefit low-income and other residents of National City; and WHEREAS, a request to expand the South Bay Enterprise Zone to include certain areas within the City of National City requires a, Memorandum of Understanding (MOU) between the California Trade and Commerce Agency and the City of National City, as an additional jurisdiction included in the Enterprise Zone; and WHEREAS, a Memorandum of Understanding between the City of National City and the City of San Diego is necessary to address program administration, compensation and resources to support the Enterprise Expansion Area; and WHEREAS, the proposed Enterprise Zone expansion would involve a regional partnership between the City of National City, the City of San Diego and the Port of San Diego with each organization providing funding and/or programmatic support. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY does hereby find, determine and resolve that: 1. An expansion of the South Bay Enterprise Zone to include certain areas in the City of National City, as described in Exhibit A, will provide businesses located or locating in the designated area with certain state tax benefits, primarily for hiring qualified new employees and/or purchasing new equipment, resulting in private investment, the creation of new job opportunities and significant economic benefits for the National City community. 2. An expansion of the City of San Diego's Targeted Employment Area (TEA) to include low- and moderate -income 2000 Census tracts in the City of National City, as described in Exhibit B, would assist employers located or locating in the Enterprise Zone and provide employment opportunities for low- income and other community residents; 3. $26,106.00 is appropriated from the Redevelopment Fund to support the expanded Enterprise Zone for fiscal year 2003; 4. The Zone expansion is exempt from CEQA pursuant to Section 15061, Subsection (B) (3) of the State CEQA Guidelines. Signature page to follow PASSED AND ADOPTED this 6th day of August, 2002. George H. Waters, Chairman ATTEST: Paul lesrochers, Secretary APPROVED AS TO FORM: George H. Eiser, III City -CDC Attorney City of National City, California COUNCIL AGENDA STATEMENT _rEETING DATE August 20, 2002 OLD BUSINESS 11 AGENDA ITEM NO. (-ITEM TITLE REPRESENTATION OF NATIONAL CITY ON SAN DIEGO COUNTY WATER AUTHORITY BOARD PREPARED BY GEORGE H. EISER, III EXPLANATION DEPARTMENT City Attorney PLEASE SEE ATTACHED MEMORANDUM Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION City Council direction is requested as to amendment of Courty Water Authority Act. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Memorandum A-200 (999) Resolution No. TO: 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 Mayor and City Council DATE: August 15, 2002 FROM: City Attorney SUBJECT: REPRESENTATION OF NATIONAL CITY ON SAN DIEGO COUNTY WATER AUTHORITY BOARD At the June 4, 2002 City Council meeting, the City Council considered three options which would allow a councilmember to serve on the Board of the San Diego County Water Authority. One option was the formation of a water district in National City which would become a member of the Water Authority instead of the City itself. The other two options were to amend the Water Authority Act to permit, but not require, the appointment of a National City councilmember to the Board of the Water Authority. The specific language of these two options was as follows: Option 1. Add the following provision to the County Water Authority Act: "For the purposes of Subdivision (b) of section 6, the directors appointed by a city to the governing body of a joint powers authority composed solely of member agencies of the authority, which exercises the powers of an irrigation district, shall be considered members of the governing body of a water district." Option 2. Add the following provision to the County Water Authority Act: "For the purposes of subdivision (b) of section 6, a water district shall include any public agency which is a member of a joint powers authority composed solely of member agencies of the authority, which exercises the powers of an irrigation district. For the purposes of this section, the chief executive officer, as used in subdivision (b) section 6, shall be the holder of the office designated by formal action of the governing body of the public agency." The City Council voted to support Option 2. ® Recycled Paper At their meeting of August 14, 2002, the Board of the Sweetwater Authority considered these options, and adopted Resolution No. 02-14, expressing a preference for Option 1. A copy of Resolution No. 02-14 is attached. It would be appropriate for the City Council to consider the action of the Sweetwater Authority Board in proceeding with the amendment of the County Water Authority Act. GEORGE H. EISER, III City Attorney 08/12/02 14:05 FAX 619 425 9660 SWEETWATER AUTH. ADMIN. 001 RESOLUTION Na 02-14 RESOLUTION OF THE GOVERNING BOARD OF THE SWEETWATER AUTHORITY REGARDING PROPOSED AMENDMENTS TO THE COUNTY WATER AUTHORITY ACT WHEREAS, the Sweetwater Authority is a joint powers authority established in 1972 and composed of the City of National and the South Bay irrigation District; and WHEREAS, the Joint Powers Agreement provides for representatives of both National City and South Bay Irrigation District to serve on Sweetwater Authority's Governing Board; and WHEREAS, both National City and the South Bay Irrigation District are members of the San Diego County. Water Authority; and WHEREAS, the San Diego County Water Authority is a County Water Authority established and operating pursuant to the County Water Authority Act (Water Code Appendix Chapter 45); and WHEREAS, the County Water Authority Act provides the method pursuant to which member agencies may appoint representatives to the San Diego County Water Authority Board of Directors; and WHEREAS, the County Water Authority Act provides that members of city councils of its member agencies may not serve as the member agency's representative on the San Diego County Water Authority Board of Directors; and WHEREAS, National City's City Council considered two proposed amendments to the County Water Authority Act which would enable members of the National City Council to serve as County Water Authority directors; and WHEREAS, neither of National City's proposed amendments would impact the governance of the Sweetwater Authority; and WHEREAS, the impact of either proposed amendments would create some policy issues for the San Diego County Water Authority; and WHEREAS, Sweetwater Authority Governing Board believes that the proposed amendment which enables National City Council members who sit on the Sweetwater Authority Governing Board to be County Water Authority directors is the preferable proposal_ 08/12/02 14:05 FAX 619 425 9660 SWEETWATER AUTH. ADMIN. II 002 NOW, THEREFORE BE IT RESOLVED AS FOLLOWS: The Sweetwater Authority Governing Board has considered National City's proposed amendments and concludes the following: a. The proposed amendments will have no impact on the governance of the Sweetwater Authority; b. The proposed amendments should be carefully considered by the Board of Directors of the San Diego County Water Authority. c. The proposed amendment which provides for Sweetwater Authority directors who serve on the National City Council to sit as County Water Authority directors is preferable. 2. The Sweetwater Authority Governing Board recommends that the National City and South Bay Irrigation District representatives to the San Diego County Water Authority vote to support the proposed amendment which would enable directors of the Governing Board of Sweetwater Authority who also serve on the National City Council to serve on the County Water Authority Board of Directors. PASSED AND ADOPTED at a meeting of the Governing Board of the Sweetwater Authority held on the 14th day of August, 2002 by the following vote: AYES: NOES: ABSENT: James F. Doud, Chairman ATTEST Marisa Farpdn-Friedman, Secretary National City Apostolic Assembly of the Faith in Christ Jesus ITEM #12 8/20/02 August 12, 2002 To: Subject: 125 Palm Avenue National City, CA 91950 Office: (619) 474-5643 Pastor: Misael Zaragoza Mayor George Waters September 11 Memorial Service Mayor George Waters, Greetings in the name of our Lord Jesus, and on behalf of the National City Apostolic Church. Upon our preliminary meeting with city employees Jim Ruiz and Miguel Diaz we have completed this proposal for our city's September 11 Memorial Service. Location: Kimball Park Veterans Memorial, National City Time: 6 pm City of National City is to provide: - Podium, platform, and or choir risers - Chairs - Preparation and cleaning of Memorial site - Promotion The National City Apostolic: Church will need to provide: - Promotion Sound system with capacity for speakers, choirs, and amplification of instruments - Decorations September 11s' program to include: Speakers: Mayor George Waters Chief of Fire Dept. Chief of Police Pastor Arthur Hodges Pastor Misael Zaragoza Bishop Juan Hernandez Pledge of Allegiance National Anthem Marine Corp. Band 21-gun salute Songs by National City Apostolic Sanctuary Choir Prayer and Candle Light Ceremony We thank you for allowing the National City Apostolic Church to partner with our city in the memory of our committed servicemen who have given their lives for the sake of our nation. We look forward to this event, and we anticipate a great program that will not soon be forgotten. Sincerely, Misael J. Zar Senior Pastor And are built upon the foundation of the apostles and prophetslesus Christ Himself being the chief corner stone." EPHESIANS 2:20 ITEM #13 08/20/02 THE CHAMBER July 26, 2002 Honorable George Waters City of National City 1243 National City Boulevard National City, pA 91950 711A Avenue National City, CA 91950-2228 Business: 619 477-9339 Fax: 619 477-5018 E-mail: thechamber@nationalcitychamber.org Web site: www.nationalcitychamber.org Subject: Challenge Grant Program to Support Construction of Chamber of CommerceNisitor's Building Dear Mayor Waters: The new Chamber of Commerce building at 9th and National City Boulevard in National City is under construction. The size of the building is 3,150 square feet that will include enough space to support not only Chamber activities but also visitors and tourists entering the City. In fact, approximately 35% of the new area will be used for distributing brochures, maps, and information about National City. The area will include enough space for senior volunteers to answer questions and for a computerized kiosk that will promote tourist information about the City. The Visitor's Center willbe a tremendous asset to improving public relations. A number of communities throughout the San Diego region are recognizing the value of ChamberNisitor Centers and are providing significant economic support to the acquisition of land, construction of facilities, and annual operation. A recent article on the North County Times highlighted Oceanside's determination to not only build a new Chamber of Commerce office but also to retire the $1 million construction loan using $274,722 in redevelopment funds, $425,000 in capital funds, and $300,278 from the general fund. The National City Chamber of Commerce is proud of its support from the business community, individuals, the City and other organizations in raising as of July 8, 2002, $668,538. The building will require an additional $200,000 in funds to insure that the Chamber and Visitor Center are not burdened with debt. Mr. Tony McCune, one of our long-term members of the Chamber who also participates on the Building Committee, suggested an innovative Challenge Grant Program to raise $150,000 to reduce the remaining debt on the building. With the City providing $75,000 it will be used as a challenge to the community to raise an additional $75,000. We believe this will be the stimulus needed to insure success by completion of construction. It is our intent to promote the program through the press and will provide a great opportunity to promote National City's interest towards "building for the future". We are requesting your support to present the Challenge Grant Program to the City Council at an upcoming Council meeting and to support the funding effort. Working together, we will continue to promote positive relations for our "City on the move." Sincerely yours, De nis Bostad,'President x?d Edith Hughes, CEO Tony McCune, Building Committee Steve South, Building Committee Chairman "Building for the New Millennium" City of National City, California COUNCIL AGENDA STATEMENT EETING DATE August 20, 2002 14 AGENDA ITEM NO. 7-ITEM TITLE REQUEST TO USE THE COMMUNITY CENTER FOR A BEGINNING TEACHER SUPPORT AND ASSESSMENT PROGRAM AND WAIVER OF BUILDING FEES PREPARED BY Burton Myers DEPARTMENT Public Works EXPLANATION The South County Beginning Teacher Support and Assessment program is requesting to use the Community Center North Room for Tuesday September 3`d , Tuesday September 10th and Tuesday October 15t, from 3:00 to 6:00 pm. This is a program supporting beginnng teachers during their first years in the profession. The National School district is an active member of this program. The group has used the Community Center in the past. The costs include the three dates: Costs: Building $211.08 Custodial 55.85 Total: $266.93 x 3 dates = $800.79 As this is not an acceptable category of use according to the Council adopted Rules and Regulations for the Use of the National City Community Center", Council approval is required. CEnvironmental Review N/A Financial Statement Approved By: Loss of $800.79 if the request for buildng fees waived is approved. STAFF RECOMMENDATI Council decision on the fees. Finance Director Account No. uested to se the Community Center and waiver of building BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 1. Application for use of the Community Center 2. Letter from the Beginning Teacher Support and Assessment Consortium dated August 14, 2002 A-200 (9/99) Ru,g 13 02 01:113 SO DRY SCH DIST GOT/BTSR 61962$5669 P.02 P.2 Aug-0B-02 Q4:01P APPLICATIOiI FOR USE OF THE NATIONAL- CITY TO ALL APPLICANTS: It is strongly recommended that the applicant rct;ttesting usel I of the facility attend the City Council meeting, when the item is going to be discussed in }I order to answer any questions posed by the City Council. Please refer to the attached 1 copy of "Rules and Regulations.. Name of Organization South County BTSA Consortium _ Business Address 601 Elm Avenue, Imperial Beach, CA A 91932 Name of Applicant Marsha Buckley -Boyle, BTSA Director Address Same as above Type oltunction Various BTSA meetiTelephone Number ( 619 ) 628-5661 (day) (619 )2277.5061 {evening) ngs/trainings—_-__.,, Please see attached list of dates/times Dale Requested (am/pm) to h in/pm) Decorating Timc -.___ l unct+on Timc (am/pm) tc. _`— (am/Ion) X Use of Kitchen Facility _ yes 't' no Use Time . . (am)ptri) to (ain/pm) Clean-up _ (am/pm) to (napirt) Number of Participants Wilt Adnit siort be charged? no if yes, Amount $ Will this event be used as a fund raising event? no Will alcohol be served? no ABC Permit Submitted'? Co Certificate of insurance attached? Copy on file w/City Special configuration of tables or chairs required? (If yes, attach sketch) Special equipment required? (If yes, suttached list) Copy of Rules & Regulations provided? _ yes Initial _ I URflt'Y "1'l iA I. 1 HAVE RECEIVED A COPY OF 111E RUI.IS & RHGUi.ATIONS 1'OR Ulf. COMMUNITY CENTER, ANL) I AGREE FOR MY ORGANIZATION TO CONFORM 1'O Al.t. OF iTS PROVISIONS. Applicant vet -a iu es and understands that use of the City'.r facility may create a pos y..,„r,. utterre..;t sahfeet to property taxation and that Applicant may he subject to the payment of -property [( WS levied on such interest. Applicant Jttrther 1t4,rees to pay any and all property acres. if any assessed during the use of the Citt',s facility pursuant to &criaees /tt7 and lt07.t5 of the Krvcnar and 'taxation (:ode against Applicant's luacrersori' itttt!rest to the Cihe'.r facility. r! /4 Signature of App it s t �=-� Dote Hug 14 02 09:06a SO DRY SCH DIST GOT/BTSA 619828566E p.3, SOUTH COUNTY BTSA CONSORTIUM 601 Elm Avenue, Imperial Beach, CA 91932 (619) 628-5661 FAX: (619) 628-5669 Proposed dates to use the National City Community Center for the 2002 school year. Date of Training Type of Training Time of Training # of People September 3 SP Meeting 3:00 - 6:00 60 September 10 Year 2 Academy 3:00 - 6:00 80 October 1 SP Meeting 3:00 - 6:00 60 *Please note that we will need a screen at the front of the room for each of these dates. Hu 14 02 09.05a SO BRY SCH DIST GOT/BTSR S196285688 p.2 t:ie>i!elx.lfi,1 601 Elm Avenue, Imperial Beach, :A 91932 *Office: (619) 628-5661 *Fax: (619) 628-5669 August 14, 2002 City of National City AiTN: City Council 1243 National City Blvd. National City, CA 91950 Dear City Council: As director of the South. County BTSA Consortium, I am requesting use of your Community Center for the BTSA (Beginning Teacher Support & Assessment) program for the calendar months of September -October, 2002. Dr. Ellen Curtin, Assistant Superintendent of National School District, as an Advisor to the BTSA Consortium, suggested we use your facility for these meetings. National School District is an active participant in our Consortium. South Bay Union, Coronado Unified, San Ysidro, and Lemon Grove School Districts are the other members of our Consortium. We hold several trainings each month. Currently, - due to construction, school modernization, and after -school programs, we are no longer able to hold our trainings at school sites. There are no facilities in a central location for the five districts to access after -school. National City Community Center provides a central location for these teacher trainings. As you may know, we have used your facilities for several trainings in the past two years. We would appreciate your consideration to allow us to use your faculties again this year on the following dates: September 3`d and 10th and October 1St. As was currently approved previously this year, we would like to have the building fee waived and pay only the custodial fees. Thank you for your time and consideration. If you have any further questions, please feel free to contact me directly at (619) 628-5661. Sincerely, arsha Buddey-Boyle BTSA Director South County Consortium City of National City, California COUNCIL AGENDA STATEMENT August 20, 2002 EETING DATE AGENDA ITEM NO. 15 ITEM TITLE TEMPORARY USE PERMIT — BEAUDRY R.V. PARKING LOT SALE AND SHOW PREPARED BYClaudia Caro, Permit Tech. EXPLANATION DEPARTMENT Building and Safety This is a request from Beaudry R.V. to conduct a recreational vehicle sale on the Ward's lot at the Plaza Bonita Shopping Center, from Thursday, August 22 through Sunday, August 25, 2002. The hours of the sale are 9:00 a.m. to 8 p.m. Any sales tax collected as a result of this sale is allocated to National City. CEnvironmental Review X N/A Financial Statement The City has incurred $115.00 in costs in processing this Temporar$Ufse rni?'appticatiou„ce Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION .>.,,. N/A ATTACHMENTS ( Listed Below ) Resolution No. Application For A Temporary Use Permit with recommended conditions of approval. A-200 (9: 99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Beaudry R.V. EVENT: Beaudry R.V. Sale and Show DATE OF EVENT: Thursday, August 22, 2002 — Sunday, August 25,2002 TIME OF EVENT: 9:00 a.m. to 8:00 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE COMMENTS [ ] FIRE YES [ x ] NO [ ] SEE COMMENTS [ x ] FINANCE YES [ x ] NO [ ] SEE COMMENTS [ x ] POLICE YES [ x ] NO [ ] SEE COMMENTS [ x ] SPECIFIC CONDITIONS OF APPROVAL: FIRE 336-4550 1. Exit ways to be maintained in an unobstructed manner at all times. Exit ways to be clear of all obstruction for its entire width and length. 2. Fire extinguishers shall be on premises, type 2-A:10-BC. Travel distance not to exceed seventy five (75) feet. 3. Fire Department access roads shall be provided and maintained at all times. 4. Fire hydrants shall not be blocked or obstructed. 5. Plot plan required. Plan to reflect display layout, exitways, fire access points, etc. FINANCE 336-4260 Any sales tax collected as a result of this sale must be allocated to National City. When filing the quarterly return with the State -Board of Equalization. A copy of the notice that is sent to the State - Board of Equalization is to be submitted to the Finance Department. A current business license must be on file in the Revenue & Recovery Division of the Finance Department for each vendor participating. 07/26/2002 11:24 FAX 4 001 Facsimile DATE: TO: COMPANY: FACS(MU,E NUMBER: FROM: PHONE NUMBER: 619 267-2850 NO. OF PAGES: Wstllek[ SHOPP1NOTowN PLAZA BONITA 3030 Plaza Bonita Road National City. CA 91950 Telephone (619) 267.2850 Facsimile (619) 472-5652 2002 6_m,x.dA.I./ RV 64 �w..�.ce hrw-e uLAA, AoLf2Q_ up- W6A4 (et Qf as /a� i�l12,cw-e cta cr l_we YwmAS-3 4 The contents of this facsimile (including attachments) may be privileged and confidential. My unauthrked use of the contents is en essly prohibited. if you have received the document in error. please advise us by telephone (reverse charges) immediately and then shred the document Thank you. 61933643377 CITY OF NATIONAL OTY PAGE 08 08/01/2002 09:14 Type of Event: _ Public Concert — Fair Festival Community Event Parade _ Demonstration — Circus — Block Party _ Motion Picture Grand Opening ,)/Other Event Title: V I/MA-QC `'F 1 5ktO(J 'tr' SALE. . Event Location: ""z-c-n kTD` Event Date(s): Fro '' — to 43' Total Anticipated Attendance:.550—/OoO Month/Day/Year (_ Participants) (__Spectators) Actual Event Hours: 9%00 ear !pm to b° '" am/pm Setup/assembly/construction Date: 2.1-02 Start time: g2610/*"` Please describe the scope of your setup/assembly work (specific details): S0 rao'Torhot-.es_ t - Par k•--Oblt o Q:c`e Dismantle Date: Completion Time: am/pm 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: Can`t I%0_ 0BP Bf' -Oc`? �1/ X For Profit Not -for -Profit Chief Officer of Organization (Name) `ES &1e -T:^ 4-eat-`^� Applicant (Name): ' �i �V ( `�A%4. 11.16 n� ) Address: siJ I �t 4+�1e.�5 0.14k sPtIfk \� .4O Se � A Rom(? Daytime Phone: 73(DSSW Evening PPhoneV-)5WO?7 Fax? 7(011�3 Contact Person "on site" day of the event: 1.)Pc4 (t3 `l Ru\--1 Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS ( jr ✓I 1 c �i� -2& S jv-©9-2-7 08/01/2002 09:14 61933643377 CITY OF NATIONAL CTY PAGE 09 Is your organization a "Tax Exempt, nonprofit' organization? YES . NO Are admission, entry, vendor or participant fees required? _ YES ,, NO If YES, please explain the purpose and provide amount(s): $ R u0,ti -&) Estimated Gross Receipts including ticket, product and sponsorship sales from f this event. $ 148O0 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. rM — Ci'�('(3x. K- o-Ark4 5 0 t-vO.4dr 60u-1/4.es Sro .5.1-e - �6 CPr ie/v�.T 4.-e_ , $cc- dCCSC.-eVora.kt-e✓S , G 3<_.. wocA8 Lam.,.(-t bo1/4. oort5 G.ctd kb at. wtn-Er-5 j Aric- ce-f -�aA. n QS- t.-5 . YES NO If the event involves the sale of cars, will the National City car dealers? If NO, list any ad sale: `C ry- is CVO Rv t)e - cars come exclusively from itionai dealers involy d in the im. � a t3oky 2 NO.565 9022 08/02/2002 10:14 NAILEOXES ETC. i 16183364217 38/92/2902 99:50 61933643377 CITY OF NATIONAL CTY YES (NO Does the event involve the sale or use of alcoholic beverages? YES 4NO Will items or services be sold at the event? If yes, please describe: 1 r Vecee.415.4 ^liara..rS — YES' NO Dees 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. Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. ce , e * ' fie` e Does the event involve the use of tents or canopies? if YES: Number of tentleanopies Sizes �- NOTE: A separate Fire Department permit is required for tents or canopies. YES NO WO the event involve the use of the City stage or PA system? YES NO YES r N0 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 tf you intend to cook food in the event area please specify the method: _ GAS „,.ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Tpi�et Facilities Number of portable toilets: ''t (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) Y Booths, exhibits, displays or enclosures • Scaffolding, bleachers. platforms, stages. grandstands or related structures D 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 rids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 0B 02/2002 10:14 MPILEOXES ETC. 4 16193364217 08/02/2002 09:50 61933643377 CITY OF NATIONAL CTY NO.565 7003 Pi:AUL n.i Please describe your procedures for both Crowd Control and Internal Security: e YES L. NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list:Dp • Security Organization: i calk\ V4'e.- C%n.A•o•O 1 Security Organization Address: Security Director (Name): Phone: YES Y., 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 mad for provi ing First Aid Staffing and Equipment. NA. e►�r� �i} th rerig+`bk, O+v iGA• Please describe your Accesslbl jy Plan for access at your event by individuals with disabilities: - \PJA-c5 C.",t -Ve �A r �_ Please provide a detailed description of your PARKING plan: iv. Q�tr►��� kph Please describe your plan for DISABLED PARKING: 4 NO.565 '3OO4 PA5E 44 06:'02.2002 10:14 MAILEOXES ETC. 4 1615336421? .J2(02/2002 e9:00 S1933643377 CITY OF NATIONAL CT'}' Please describe your plans to notify ail residents, businesses and churches impacted by the event t..stco r ACs $ NOTE: Neighborhood residents must be notified 72 hours In advance when events are scheduled In the City parks. YES NO Are there any musical entertainment features related to your event? If YES. please state the number of stages, number of bands end type of music. Number of Stages: Number of Hands:. Type of Music: _ YES X NO Will sound amplification be used? If YES. please indicate: Start time: am/pm Finish Time ern/pm YES y NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: arnipm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES NC Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _ NO Any signs, banners, decorations, special lighting? if YES, please describe: Sa,waArsrrS w ^CJ Revised 10/31°1 tip-..\o d ^ 5 5 1 08/02/2002 10114 MAILBOXES ETC. -0 16193364217 0E/02/2002 09:50 61932E43377 CITY OF NATIONAL CTY yor Office 'Use Only Event: r'\-er .' Sk-OL 4 A L- Department Date Approved? Yes No Initial Specific Conditions of Approval NO.565 P005 PAGE OF Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 BUILDING AND SAFE IY Di? ;. RECEIVED AUG 02 2002 NATIONAL CITY, 'CALIF. City of National City, California COUNCIL AGENDA STATEMENT .EETING DATE August 20, 2002 AGENDA ITEM NO. 16 (-ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY NEAR SWEETWAIER THEATERS IN SWEETWATER TOWN AND COUNTRY SHOPPING CENTER (APPLICANT: CINGULAR WIRELESS) (CASE FILE NO.: CUP-2002-3) PREPARED BY Andrew anson DEPARTMENT Planning EXPLANATION the project site is near Sweetwater Theaters in Town & Country shopping center, which is zoned Commertial General -Planned Development (CG-PD). Specifically, the facility will be on and adjacent to a freestanding sign in an approximately 3,000 square foot landscape area behind Wunderland Arcade. The applicant is proposing to construct and operate a wireless communications facility. As part of the construction, they will mount five panel antennas on an existing 72 foot tall sign; they will be painted to match the sign supports. Additionally, they will construct a 160 foot equipment enclosure adjacent to the sign. The enclosure will resemble the Wunderland Arcade building. Planning Commission held a public hearing July 15, 2002 on this item. Commissioners discussed the structural integrity of the sign, and whether additional wireless facilities could be located at this site. They voted to approve the Conditional Use Permit, since the site is well suited for a wireless communications facility, and since additional wireless communications facilities can locate at the site in the future. CEnvironmental Review Financial Statement N/A X to Categorical Exemption Approved By: Finance Director Account No. STAFF RECOMMENDATION ?°CP Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Vote: AYES: Unanimous ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 20-2002 2. Location Map 3. Applicant's Site Plan and Elevations Resolution No. 4. Site photographs A-200 (9;99) RESOLUTION NO. 20-2002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY NEAR SWEETWATER THEATRES IN SWEETWATER TOWN AND COUNTRY SHOPPING CENTER APPLICANT: CINGULAR WIRELESS CASE FILE NO. CUP-2002-3 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a wireless communications facility near Sweetwater Theatres in Sweetwater Town and Country Shopping Center at a duly advertised public hearing held on July 15, 2002 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 No. CUP-2002-3 maintained by the City and incorporated herein by reference along with 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 July 15, 2002, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the facility will be constructed in an unused portion of an existing shopping center. 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 wireless facility is unmanned and will typically be visited only once a month for maintenance activities, and since the site can be accessed from Sweetwater Road, which is an arterial road. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the antennas will not be noticeable to passersby, and since the small equipment enclosure will be designed to match the nearby commercial buildings. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Cingular Wireless communications network, resulting in enhanced service for its customers. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the construction of a wireless communications facility. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A -revised, Case File no. CUP-2002-3, dated 6/25/2002. 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. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 4. Exterior walls of buildings 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. 5. Landscaping and irrigation systems disturbed or damaged during the construction of the wireless communications facility shall be replaced after construction is completed subject to approval by the Planning Director. 6. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 7. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 8. Plans submitted for the equipment enclosure shall specify that it will be of standard construction and not a modular building. 9. The equipment building shall have a flat roof and a band of red tile to match the adjacent commercial building, Wunderland Arcade, in the center. 10. All equipment, antennas and facilities shall be continuously maintained so that the equipment and structures remain in good condition. 11. Before this Conditional Use 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 Conditional Use Permit. The applicant shall 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 Conditional Use 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. 12. 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. 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 August 5, 2002, by the following vote: AYES: VALDERRAMA, FLORES, UNGAB, PARRA, BACA, REYNOLDS, GRAHAM. NAYS: ABSENT: ABSTAIN: HIG WAY 54 OS PROJECT SITE 1914 Sweetwater Rd. OS 0 100 200 300 Feet ZONE BOUNDARY - - CITY BOUNDARY LOCATION MAP NATIONAL CITY PLANNING DRN. DATE; 6/28/02 INITIAL HEARING: 7/15/02 PROP SNN (CM WIEM ENITEE4CE EM3W 10Wi 5055101 LOCATION Ri=SOS 151*11 PENNMS 31 MEWYFGAIE fg ROES G PROPOSE MCR0 OVERALL SITE PLAN ECOLB NAM GRAPHIC SCALE 11R11 0 10 20 60 00 160 NI flY0. PX4w 101 fME DRIVRIIL I* ON MANS AS MI AS [ N EW MUMPS ON MN 10.1 m AS 50R ME mW510MIONa50*0 MI is COMO. W 050110PM.O0 R [NO. TIE MERE CONIMLIOA SIYI nfwm. 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OE CONDUCTOR OF DE EMT Eon NM. ISN N Na tow DDC}DIE SOINVE E0Mworm N MOAN N WSW moss PAORYPTMYINfDANA OC 0000009E NMMN NI1S]w NN sow NNss M NICE M 64005 s OKKN UNIVERSAL DESIGNS D CONSTRUCTION Iamu..rtwceS.R..uw 40loel J. De Veep. NA P ngol Alma. C-]2111 1151NMe1MlM5 till a-]0! 6MTAP.511, CNUNT*ITI1]6 PRPM0 ton X cingOAF 6120 CORNERSTONE COVE. VISE ILO SAN 0E0, CALIFORNIA 92121 APPROVALS 0001ON w1s w11 CANSMUC10N ONTO s1M A00o0noe. PROJECT NAME TOWN & COUNTRY PROJECT NUMBER SD-672-02 I91R $MEIWA11M NON MINE COY. N 91950 PPN G5N DRAWING DATES M/M/M flMM N ROM M/IL/N IDIMEP POEM ID KN So SHEET TELE OVERALL SITE PLAN GENERAL SPECIFICATIONS o1-SM/N.MMAG A-1.0 1, COMP P O AIION: 65.90'4 P9OPoYO COMM MS0ESS WONTED 9NIENICS (0 ROAR SECTOR 'A) PROPOSED CL*000 IRRItE 10 -0 oI6 -0 PREFABRICATED E00IPMFMT SALTER SHELTER RI 5E PAWED 10 DARR EPSN9C MOM (A NORTH ELEVATION FNFEMA9 FIEVARC063900 rn lay TOTAL PRNE69 a PROPOSED [*SOUR 9*0155� WONTED URADA WV ALNW SECTOR 'C) / PROPOSED maw NtPOESSJ WJNHS ANN045 1 1120 A➢4D09 SECTOR 9) EPSN10 MELON rn SWEETWATER THEATRES PROPOSED MOOR WOES MOUNTED RR�ASIERAS (0 ARMS SECTOR 'Al r ® D KOREA R0005 EAST ELEVATION 959OSD CRONE DIREESS DO MIEO WOWS ON ALWM SWOP 'S) PROPOSED CROW IMMO 10-11'N16'-4' PRE/MICITEO EORP4ET SHIRR SCOW 10 6E PANIfO TO NATO( DSIIN3 000MG GRAPHIC SCALE (TEE11 012 < 6012 < 6 1 i UDC UNNERSAL DESIGNS AND CONSTRUCTION WWRCNK.iS II>4R5. gµxix6 9rs1.;m AVM.101(1-/m C05i0 WS, W1 .A 92524 ro PPEPM0L FOR }C cingulaRr- 61]0 CORNERSTONE COURT. SUTE 160 SW OICVA, G19049Y 92021 APPROVALS 0RMmxs w w5E CATE ELINSIRUCTION LIT vn1.115110 nrt PROJECT NAME TOWN & COUNTRY PROJECT NUMSER SD-672-02 1912 0Y1RTMA0E ROAD INR01V1. OTT. CA 91950 N 0602 (DRAWING DATES 21/00/22 MAI ED KNEW OWVOI In FAn K/D/K ID Karr IL 0,9em s Kv2AI 12 SHEET TITLE EXTERIOR ELEVATIONS A-3.0 SOUTH ELEVATION PANAY E OIA11OIT 61.9'± SWEE'TPATER jl, ". THEATRES 1100. 41100 PROPOSED 046401 AWELESS MOUNTED AVTRNxO9 (120 AZIMUTH SECTOR 9) PPoMVSE° ROAM R4229 NOLLNNm�-'i. ANIMAS (21D A21MNM SECTOR IC) SONG TREES PROPOSED =ULM %W.ILTS VOWED _� — PRCFOSWAM %WEISS 1OUMPD mamas (0 AMTH SECTOR •A) ` S �� SEO wows (UP MINIM SECTOR Y) AOREA 1104e1: EOMPNIM SHELTER. SHELTER TO BE PANTED TO WADI COSTING HRDXG (E) HR6H0 (E) TELCO' BOX (E) ELECTRICAL PANEL WEST ELEVATION GRAPHIC SCAAlEE (FEET) 012 4 6 10 7 UNIVERSAL DESIGNS AND CONSTRUCTION ,6664,O6611064546.66.164 /1/ I' II3AO0 J. It Vert. AM UD l.' (ql 00 664440 17 090E6 1113194161 (4111955011 Pq➢ANII MR }C cingular- WIRILESS 6170 CORNERSTONE COURT, SURE IRO SW DECO. CWFORNR 92121 APPROVALS wo.Ant. art RE. owe 0w LR COMM) VI 911E KwImON WE PROJECT NAME TOWN & COUNTRY PROJECT NUMBER SD-672-02 1911 SWEETWATER ROW NOW/ C11Y, CA 91950 SW MOO DRAWING DATES 91/4II01 NUN 6 VP O/RIM al PPM ODI ww8111 w/w/w 29 mew Ix SHEET TIRE EXTERIOR ELEVATIONS 01-Sm/101460119 A-3.1 't.r.-a'ttrrAt-t„,:rt v •!'.714,tit,Prikize**0.0eNtotAtvir.:,....„- uoqeao •asodaid o oar e muiso • - ,96eubis buigsixa palunow seuualue pesodoad slaxt3141, 531:11Y3111 , • 1 Photosimulation of . roposed antenna ,,cation equrpnien s er MEETING DATE City of National City, California ADDED ITEM COUNCIL AGENDA STATEMENT August 20, 2002 AGENDA ITEM NO. (-ITEM TITLE CITY COUNCIL APPROVAL OF RESPONSE LETTER REGARDING GRAND JURY REPORT - "HOME RULE" IS CHARTERING A CITY A GOOD IDEA? PREPARED BY EXPLANATION Tom G. McCabe DEPARTMENT City Manager The San Diego County Grand Jury released a report titled, "Home Rule" Is Chartering a City a Good Idea? This report was provided to all City Councils in San Diego County for review and comment to the Presiding Judge of the Superior Court. Once approved, the attached letter will be submitted as required. The Grand Jury makes two recommendations that apply to the City of National City; 02- 06: Hold public study sessions to allow their citizens to study the chartering option, and 02-07: Develop a cooperative energy program with SDG&E along the lines of the City of San Marcos' program. The City's response is that it does not intend to implement either recommendation because they are not warranted based on the reasons set forth in the attached letter. CEnvironmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Response Letter BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) A: Response Letter B: Grand Jury Report Resolution No. A-200 (9,'99) Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor. August 20, 2002 Presiding Judge of the Superior Court County of San Diego Hall of Justice 330 West Broadway, Suite #477 San Diego, CA 92101-3830 Subject: "Home Rule" Is Chartering a City a Good Idea? City of National City Response on the Findings and Recommendations in the Report The City of National City received a copy of a report by the San Diego County Grand Jury 2001-2002 titled, "Home Rule" Is Chartering a City a Good Idea? National City is providing the following comments on the findings and recommendations (02-06 and 02-07). FINDINGS I. A charter city has several significant advantages for its citizens over a general law city. II. The cost of chartering a city using a simplified charter is minimal, compared to the benefits. III. There appears to be little interest by the city managers of non - chartered cities in starting an effort to charter their cities, unless there is some compelling local issue. IV. Although there is no requirement that a city be chartered to provide electrical power and distribution, San Marcos' aggressive approach to these issues apparently encouraged SDG&E to suggest a cooperative program for the residents of San Marcos. ® Recycled Paper ATTA7T "A" August 20, 2002 Page Two RECOMMENDATIONS 02-06 Hold public study sessions to allow their citizens to study the charting options. The respondent does not intend to implement because it is not warranted. The advantages and disadvantages of becoming a. chartered city were addressed at the Council level several years ago with no change in the City's general law status. At this time, becoming a charter city is not in the best interest of the City based on the easing of laws defining general law cities and court decisions affecting charter cities which lessen the differences between the two types of government. General law cities are organized and operate under Title 4 (commencing with Section 34000) of the California Government Code. The advantage of being a general law city is that many of the laws they operate under have been tested over the years and there is little confusion about the application of these laws. The tax levying ability for both types of cities is now essentially the same with few exceptions. Chartering a city no longer provides consequential means to improve city finances. 02-07 Develop a cooperative energy program with SDG&E along the lines of the City of San Marcos' program. The respondent does not intend to implement because it is not warranted. The City of National City has had a constructive working relationship with SDG&E for some time. We have explored alternative power generation in the past. Involving the City directly in power generation and distribution has a myriad of cost and operational ramifications for a median sized city, which is basically built out. August 20, 2002 Page Three If this becomes an option in the future based on unforeseen developments in technology and favorable cost factors we, of course, would reconsider our position on pursuing an independent role in electrical generation and distribution. Geor•'- H. Waters Mayor Nick Vice Mayor Ron Morrison Councilman R. Mitchel Beauchamp Councilman Rosati- Zarate Councilwoman cc: Marcia Gravette Jespersen, Grand Jury Foreman City Manager City Attorney Grand Jury COUNTY OF SAN DIEGO Hall of Justice 330 West Broadway, Suite 477 San Diego, CA 92101-3830 (619) 515-8707 (619) 515-8696 FAX CHUCK MULROY, Foreman April 30, 2002 CONFIDENTIAL San Diego County Board of Supervisors County Administration Center 1600 Pacific Highway, Room 335 San Diego, CA 92101 City Councils (see attached list) Re: "HOME RULE" IS CHARTERING A CITY A GOOD IDEA? Dear Ladies and Gentlemen: The 2001-2002 San Diego County Grand Jury herewith provides the referenced report for your review and comment to the Presiding Judge of the Superior Court in compliance with the Penal Code of California §933(c). This report was prepared pursuant to §925 and §925(a) of the Penal Code. In accordance with Penal Code §933.05(e), a copy of this report is being provided to affected agencies two working days prior to its public release and after being approved by the Presiding Judge of the Superior Court. Please note that §933.05(e) specifies that no officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to its public release. This report will be filed with the Clerk of the Court and released to the public on Monday, May 6, 2002. Sincerely, SAN DIEGO COUNTY GRAND JURY 2001-2002 C.E. MULROY) Foreman CEM:IIn enc. ATTACHMENT " B" ATTACHED MAILING LIST City Council of Carlsbad 1200 Carlsbad Village Drive San Diego, CA 92008-1949 City Council of Chula Vista P.O. Box 1087 Chula Vista, CA 91912-1087 City Council of Coronado 1825 Strand Way Coronado, CA 92118-3005 City Council of Del Mar 1050 Camino del Mar Del Mar, CA 92014-2604 City Council of El Cajon 200 E. Main Street El Cajon, CA 92020-3912 City Council of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024-3633 City Council of Escondido 201 N. Broadway Escondido, CA 92025-2709 City Council of Imperial Beach 825 Imperial Beach Blvd. Imperial Beach, CA 91932-2702 City Council of La Mesa 8130 Allison Avenue La Mesa, CA 91941-5002 City Council of Lemon Grove 3232 Main Street Lemon Grove, CA 91945-1705 City Council of National City 1243 National City Blvd. National City, CA 91950-4031 City Council of Oceanside 300 N. Coast Highway Oceanside, CA 92054-2885 City Council of Poway 13325 Civic Center Drive Poway, CA 92064-5755 City Council of Santee 10601 Magnolia Avenue Santee, CA 92071 City Council of San Diego 202 C Street, 9th Floor San Diego, CA 92101 City Council of Solana Beach 635 S. Highway 101 Solana Beach, CA 92075-2215 City Council of Vista 600 Eucalyptus Avenue Vista, CA 92084-6240 "HOME RULE" IS CHARTERING A CITY A GOOD IDEA? A Report by the San Diego County Grand Jury 2001-2002 May 6, 2002 "HOME RULE" IS CHARTERING A CITY A GOOD IDEA? SYNOPSIS The Grand Jury studied the issue of charter cities under its watchdog responsibility for the purpose of investigating methods to improve the organization and efficiency of city government operation within San Diego County. In California, the law recognizes two kinds of cities —charter cities and general law cities. Of the 475 incorporated cities in the state, 102 operate under their own charter. The other cities, general law cities, operate under the requirements of California statutory law. One major advantage of a general law city is that many of the general state laws have been subjected to judicial scrutiny and tested over the years, so there is relatively little confusion about their application. City charters, by contrast, can be much more complicated and can raise many more questions about what can and cannot be done under State law. However, the greatly enhanced local authority and control over its "municipal affairs" which. are afforded a charter city provide compelling arguments for chartering. Chartering a city is sometimes referred to as implementing "home rule." The Grand Jury concluded that the cost of chartering a city can be minimal compared to the potential benefits and recommends that the 14 non -chartered cities within San Diego County study chartering their cities. ISSUES The San Diego County Grand Jury addressed the following: 1. What are the present advantages and disadvantages of becoming a chartered city? 2. Can chartered cities perform their responsibilities more efficiently for their citizens than general law cities? 3. What should a charter contain and what is the best way to gain voter approval? AA-1 San Diego County Grand Jury 2001-2002 (May 6, 2002) BACKGROUND Per the recent census, approximately 85% of the population of San Diego County lives inside the boundaries of one of the 18 incorporated cities. Local voters have formed cities to exercise greater local control over land -use decisions and to obtain a higher level of municipal services. When a city is first created in California, it must be incorporated as a general law city, using the structure and procedures that have been developed under Califomia municipal law statutes. The State Constitution, Article XI, Section 3, allows any general law city to prepare its own charter to impart a local philosophy into the structure and methodology used to govern its particular city. City charters, which can vary in length from several hundred to just a few pages, must be adopted by a majority vote of the city's residents. Of California's 475 incorporated cities, 102 have chosen to convert from a general law city to a charter city. Four of San Diego County's 18 cities (San Diego, Chula Vista, Del Mar and San Marcos) have converted from being a general law city to a chartered city. Historically, the primary advantage of the charter form of government has been the potential breadth of local authority which may be exercised. Since the powers of a charter city are not restricted only to those expressed in or necessarily implied from state statutory law, a city can adopt a charter and custom -tailor its organization and elective offices to accommodate unique local conditions and needs. On the reverse side, many city charters have been modified by reformers as the result of abuses of power by a chartered city government. Such charters have served to restrict the powers of a city, rather than broaden them. Recently, cities have been chartered based primarily upon potential financial benefits. For example, San Marcos, as part of its 1994 chartering election, stated that if San Marcos were to become a chartered city, the following financial benefits would occur': 1. Reduce the cost of City government and save millions of dollars in the cost of public improvements; 2. Ensure that more local taxpayers' dollars would remain in the City of San Marcos for police and fire protection services; and 3. Help defend the City against State -mandated programs that do not provide the necessary funding to implement those programs. City of San Marcos, Taxpayer's Guide to Proposition H (Proposed City Charter), Questions and Answers, 17 April 1994. San Diego County Grand Jury 2001-2002 (May 6, 2002) AA-2 The Grand Jury reviewed information on chartering provided by the League of California Cities and interviewed City Managers of three chartered cities and three non -chartered cities in San Diego County. The Grand Jury found that the chartered cities were satisfied that chartering has been the right approach for their cofrimunins: The City Manager and City Attorney of Chula Vista believe that the extensive use of citizen advisory committees dictated by the Chula Vista City Charter has resulted in more informed and involved citizens. San Marcos officials cite savings of over a million dollars over the past eightyears as a result of not having to use "prevailing wages"2 in some of their construction contracts. San Marcos has also taken an aggressive approach to involving the City directly in power generation and distribution, as delineated in its charter. This approach has apparently brought SDG&E to the bargaining table to the potential benefit of San Marcos residents. City Managers of non -chartered cities interviewed by the Grand Jury do not believe that chartering their cities is in the best interests of their communities. They cite that chartering only gains the support of the voters if it addresses a particular problem, such as rent control, that is presently occurring in the community. They also note that chartering can be divisive in a community and that charter amendments can be used by reformers to limit the role of the city. The advantages and disadvantages of becoming a chartered city have changed significantly over the past 100 years. As the laws defining a general law city have been liberalized and the power of a charter city has been restricted by court decisions, many of the differences between the two city types have disappeared. PROCEDURES EMPLOYED The investigation consisted of a review of documents submitted by the League of California Cities and the charters of the cities of San Diego, Chula Vista, Del Mar, and San Marcos in San Diego County. Additionally, documents were obtained from the cities of San Ramon and La Quinta3 regarding their recent studies of the charter city issue. Finally, the City of Oceanside provided a recording of a 2001 study session of the City Council on this issue. In addition to published material, personal interviews were held with City Managers of selected San Diego County cities —the chartered cities of San Diego, Chula Vista, and San Marcos; and the general law cities of El Cajon, Vista, and Coronado. 2 "Prevailing wages" are set by the State of California based primarily upon union wages throughout the State. 3 Citizen groups in both of these cities recently studied chartering their cities. Their studies reflect the current pros and cons of chartering a city. Both cities approved chartering their cities by a public vote. AA-3 San Diego County Grand Jury 2001-2002 (May 6, 2002) During the study, a citizen complaint was received by the Grand Jury alleging the improper use by the City of San Marcos of its City Charter to enter the power generation and distribution business. In addition to interviewing the complainant, the Grand Jury interviewed the City Manager and Mayor of San Marcos. The complaint was resolved when the City of San Marcos decided to put this issue on the November 2002 ballot. Also in reviewing this complaint, the Grand Jury obtained a letter from SDG&E to the City of San Marcos offering to create a joint program on energy production and distribution.4 Such a program, as outlined by SDG&E, would benefit the residents of San Marcos. SDG&E indicated it would help the City of San Marcos (1) study sites for a new power plant in San Marcos, (2) develop a methodology for sharing savings from remote power generation facilities, and (3) implement a City-wide energy conservation program. FACTS A. San Diego County has 18 incorporated cities of which four (San Diego, Chula Vista, Del Mar, and San Marcos) are charter cities and the remaining 14 are general law cities.5 B. General law cities are organized and operate under Title 4 (commencing with Section 34000) of the California Government Code. The advantage of being a general law city is that many of the laws they operate under have been tested over the years and there is little confusion about the application of these laws C. The authority provided in the State Constitution to organize as a charter city is extended only to an existing city. A charter can only be adopted or changed by a simple majority vote of city residents —not by a vote of the city council.' D. The potential advantages of being a charter city include8: • Greater opportunity to impart a local philosophy into the structure and methodology of local city government; • Protection from State legislative changes impacting "municipal affairs"; and " San Diego Gas and Electric, A Cooperative Energy Program for the City of San Marcos, February 11, 2002. 5 League of California Cities Records as of August 8, 2001. 6 California State Legislature, Tailor -Made Government: A Citizen's Guide to California's Charter Cities and Counties, February 1998. 7 Ibid. Interviews with City Managers. AA-4 San Diego County Grand Jury 2001-2002 (May 6, 2002) • Enhanced local authority and control over "municipal affairs," enabling a city to consider - streamlining procedures in public financing, - enhancing economic development support activities, - revenue enhancement tools, and - revising election rules and procedures. E. The disadvantages of being a charter city includes: • Exposure to legal challenges with respect to what constitutes a "municipal affair" vs. a statewide concern; • Limited case law, in comparison to general law cities, from which to evaluate legal exposure when applying charter language; • Costs associated with charter amendments; and • Limitations contained within some detailed charter documents restricting local authority beyond that experienced by general law cities. F. Matters of municipal concern, not of statewide interest, may be controlled by charter cities, unless restricted by the State Constitution. The power to enact ordinances in areas defined as "municipal affairs" comes to a city from the State Constitution when a city adopts a charter —such powers do not need to be enumerated in the charter. This allows city charters to be relatively simple documents.10 G. The tax levying ability for both charter and general law cities is now the same, with the exception that a property transfer tax can be levied by a chatter city and not by a general law city.11 H. General law cities have to follow the procurement methods outlined in the State municipal code for all contracts above $5,000. Charter cities can set up alternative competitive bidding processes for contracts, which can significantly reduce a city's contracting costs.12 I. Charter cities are not bound by the requirement to pay "prevailing wages" for public works construction contracts. The State Auditor -General, in a 1988 study, estimated these savings at 10% of the value of the contract. The calculation of "prevailing wage" by the State of California results in the "prevailing wage" being higher than an average local wage. This is caused by the calculation methodology used by the State which gives 9Ibid. 10 League of California Cities, Charter vs. General Law City, July 1987. 11 Ibid 12 Studies conducted by the cities of La Quinta, San Ramon, and San Marcos regarding the pros and cons of being a chartered city cite typical savings of $100,000 per year. San Diego County Grand Jury 2001-2002 (May 6, 2002) AA-5 great significance to union wages. While these savings can be considerable, they can only be achieved on contracts that do not utilize Federal or State funding.13 J. Recent charter city proposals have utilized a short, simplified charter document, which reduces the cost of chartering a medium-sized city (population of 25,000 to 100,000) to less than $100,000.14 K. City Managers of non -chartered cities who were interviewed believe that the benefits of becoming a chartered city do not justify the effort. They said15: a. Chartering could become a divisive issue among citizen groups who oppose stronger city government; b. City charters require continual updating; c. Chartering no longer provides significant ways to improve city finances; and d. Chartering will only be approved by citizens if there is a particular problem that can be solved by chartering. L. A recent study of a proposed city -provided utility service in San Marcos estimated that an average household in that city could save $120-$180 a year on electricity and $108 a year on natural gas over current rates being charged by SDG&E. The City of San Marcos Charter specifically allows the City to provide utilities. General law cities are not specifically prohibited from providing these types of utility services, although existing legislation is much less specific than that in the San Marcos Charter.16 M. SDG&E offered to cooperate with the City of San Marcos on energy programs after San Marcos began pursuing an independent role in electrical generation and distribution.17 FINDINGS I. A charter city has several significant advantages for its citizens over a general law city. II. The cost of chartering a city using a simplified charter is minimal, compared to the benefits. 13 State of California Auditor -General, 1988 14 Cities of La Quinta, San Ramon, and San Marcos. 15 Interviews with City Managers and City Attorneys of general law cities of El Cajon, Vista and Coronado. t6 City of San Marcos, Electrical and Gas Utility Options Study, February 2002. 77 San Diego Gas & Electric, op. cit. San Diego County Grand Jury 2001-2002 (May 6, 2002) AA-6 III. There appears to be little interest by the city managers of non -chartered cities in starting an effort to charter their cities, unless there is some compelling local issue. IV. Although there is no requirement that a city be chartered to provide electrical power and distribution, San Marcos' aggressive approach to these issues apparently encouraged SDG&E to suggest a cooperative program for the residents of San Marcos. RECOMMENDATIONS That the cities of Vista, Carlsbad, Escondido, Encinitas, National City, Solana Beach, Poway, Santee, El Cajon, La Mesa, Imperial Beacn, Lemon Grove, and Coronado18: 02-06: Hold public study sessions -to allow their citizens to study the chartering option. That the County Board of Supervisors (for the unincorporated areas) and the 17 remaining cities of San Diego County (Vista, Carlsbad, Escondido, Encinitas, National City, Solana Beach, Poway, Santee, El Cajon, La Mesa, Imperial Beach, Lemon Grove, Coronado, Oceanside, Del Mar, San Diego, and Chula Vista): 02-07: Develop a cooperative energy program with SDG&E along the lines of the City of San Marcos' program. REQUIREMENTS AND INSTRUCTIONS The California Penal Code §933(c) requires any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the agency. Such comment shall be no later than 90 days after the Grand Jury submits its report to the public agency. Also, every ELECTED county officer or agency head for which the Grand Jury has responsibility shall comment on the findings and recommendations pertaining to matters under the control of that county officer or agency head, as well as any agency or agencies which that officer or agency head supervises or controls. Such comment shall be made within 60 days to the Presiding Judge of the Superior Court with an information copy sent to the Board of Supervisors. 18 The City of Oceanside held a public study session on August 22, 2001. AA-7 San Diego County Grand Jury 2001-2002 (May 6, 2002) Furthermore, California Penal Code §933.05(a), (b), (c), details, as follows, the manner in which such comment(s) are to be made: (a) As to each grand jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) As to each grand jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the goveming body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c) If a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the grand jury, but the response of the Board of Supervisors shall address only those budgetary or personnel matters over which it has some decision making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. Comments to the Presiding Judge of the Superior Court in compliance with the Penal Code §933.05 is required from the: City Council of Carlsbad City Council of Chula Vista Recommendations: 02-06, 02-07 Recommendation: 02-07 AA-8 San Diego County Grand Jury 2001-2002 (May 6, 2002) City Council of Coronado City Council of Del Mar City Council of El Cajon City Council of Encinitas City Council of Escondido City Council of Imperial Beach City Council of La Mesa City Council of Lemon Grove City Council of National City City Council of Oceanside City Council of Poway City Council of San Diego San Diego County Board of Supervisors City Council of Santee City Council of Solana Beach City Council of Vista Recommendations: 02-06, 02-07 Recommendations: 02-06, 02-07 Recommendations: 02-06, 02-07 Recommendations: 02-06, 02-07 Recommendations: 02-06, 02-07 Recommendations: 02-06, 02-07 Recommendations: 02-06, 02-07 Recommendations: 02-06, 02-07 Recommendations: 02-06, 02-07 Recommendation: 02-07 Recommendations: 02-06, 02-07 Recommendation: 02-07 Recommendation: 02-07 Recommendations: 02-06, 02-07 Recommendations: 02-06, 02-07 Recommendations: 02-06, 02-07 San Diego County Grand Jury 2001-2002 (May 6, 2002) AA-9