Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2003 07-01 CC AGENDA PKT
AGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — JULY 1, 2003 - 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. PLEDGE OF ALLEGIANCE TO THE FLAG AND INVOCATION BY MAYOR NICK INZUNZA APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF JUNE 17, 2003. PUBLIC ORAL COMMUNICATIONS (Three -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. COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 7/1/03 PAGE 2 PRESENTATIONS Presentation to the Law Enforcement Department by the Tobacco -Free Communities Coalition and BREATH for achieving outstanding compliance with California's Smoke -Free Workplace Law. Presentation to the City Council by The Renacy Corporation to discuss vandalism in National City and viable solutions and funding opportunities. 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. Approval of a motion to waive reading of the text of all Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of only the title. (City Clerk) 2. Resolution No. 2003-89 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the National School District for the National Public Library to provide an after -school education program. (Library) 3. Resolution No. 2003-90 A Resolution of the City Council of the City of National City authorizing the Mayor to approve Contract Change Order No. 6 for the Street Improvement Project for that section of National City Boulevard between 24th to 18th. (Engineering Specification No. 02-7) (Public Works/Engineering) COUNCIL AGENDA 7/1/03 PAGE 3 CONSENT CALENDAR (cont.) 4. Resolution No. 2003-91 A Resolution of the City Council of the City of National City authorizing the closure of the Bayshore Bikeway path adjacent to the National City Marina Project. (Public Works/Engineering) 5. Resolution No. 2003-92 A Resolution of the City Council of the City of National City authorizing the City Manager to execute a Memorandum of Understanding with SDG&E for an Annual Work Agreement pursuant to Chapter 13.12 of the Municipal Code. (City Attorney) 6. Resolution No. 2003-93 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Douglas E. Barnhart, Inc. to provide construction management services for the Library Project. (Public Works/Engineering) 7. Resolution No. 2003-94 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Carrier Johnson to provide furnishings, fixtures, and equipment design services for the Library Project. (Public Works/Engineering) 8. Resolution No. 2003-95 A Resolution of the City Council of the City of National City authorizing the City Engineer to establish a 4-hour parking limitation on National City Boulevard, from 18th Street, south of the end of the Mile of Cars, and removing the 2-hour parking limitation on the north side of 24th Street, west of "A" Avenue. (TSC Item No. 2003-23) (Public Works/Engineering) COUNCIL AGENDA 7/1/03 PAGE 4 CONSENT CALENDAR (cont.) 9. Resolution No. 2003-96 A Resolution of the City Council of the City of National City establishing a mid- year Capital Improvement Project to repair the underground fuel tanks at the Public Works' yard, and to close the underground diesel tank at the Police Station. (Public Works/Engineering) 10. Resolution No. 2003-97 A Resolution of the City Council of the City of National City adopting a Specific Plan Amendment and approving a tentative Subdivision Map for 120 detached condominium units on the south side of Sweetwater Road east of Plaza Bonita. (Applicant: Concordia Communities, LLC. (Case File No. M2-SP-1-88/S-2003-2) (Planning) 11. WARRANT REGISTER NO. 50 (Finance) Ratification of Demands in the amount of $334,628.33. 12. WARRANT REGISTER NO. 51 (Finance) Ratification of Demands in the amount of $1,515,635.55. 13. Claim for Damages: Lonn G. Scarfia (City Clerk) NON CONSENT RESOLUTION 14. Resolution No. 2003-98 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an extension of the Agreement for Administration of Taxicab and Other For -Hire Regulations. (Police) COUNCIL AGENDA 7/1/03 PAGE 5 ORDINANCES FOR INTRODUCTION 15. An Ordinance of the City Council of the City of National City establishing sewer service charges for Fiscal Years 2003-04, 2004-05, and 2005-06, 16. An Ordinance of the City Council of the City of National City amending Chapter 13.12 of the National City Municipal Code pgrtaining to encroachment permits for installation, maintenance and removal 9f-facilities in streets, rights -of -way and other public property. (City Attorney) ORDINANCE FOR ADOPTION 17. An Ordinance of the City Council of the City of National City electing to have sewer service charges collected on the tax roll, and adding Section 14.04.075 to the National City Municipal Code. (City Attorney) NEW BUSINESS 18. Request for use of the Community Center by the National City Community Concert Band and wavier of fees. (Public Works/Engineering) 19. Notice of Decision — Planning Commission denial of a Conditional Use Permit for a wireless communications facility at the Seventh Day Adventist Church at 3737 Sweetwater Road. (Applicant: Cingular Wireless) (Case File No. CUP-2002-4) (Planning) 20. Notice of Decision — Planning Commission approval of a zone variance to allow the Roark's Carpet and Linoleum. building at 2100 Highland Avenue to be rebuilt with reduced setback and parking requirements. (Applicant: Michael Roark) (Case File No. Z-2003-1) (Planning) COUNCIL AGENDA 7/1/03 PAGE 6 NEW BUSINESS (Cont.) 21. Notice of Decision — Planning Commission approval of a ConditionalantUsenPeand for a private school (K-12) at 2432thStreet.(Applicant: (Planning) American Bible Baptist Academy) (Case File No. STAFF MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council Meeting — Tuesday — July 15, 2003 - 6:00 p.m. — Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE 02/28/2603 19:08 6192965216 LCSA PAGE 02 ids - f. 838:27i.71R1+- . 1b41:> rtkn <',rnvt "The job of a Citizen is to Keep his Mouth Open" -Gunter Grass June 20, 2003 Dear Park Morse: On behalf of the Tobacco -Free Communities Coalition and BREATH (The California Smoke -Free Bars, Workplaces and Communities Program), I would like to congratulate the city of National City for achieving outstanding compliance with California's Smoke -Free Workplace Law (Labor Code 6404.5) among stand-alone bats in your community. In recognition of this accomplishment, the Mayor of National City was awarded a plaque at the SANDAG Board of Directors meeting on April 25 by BREATH for dedication in implementing the California Smoke -Free Workplace Law. BREATH is sponsored by the American Lung Association of East Bay. The Tobacco -Free Communities Coalition and BREATH have continued to collaborate with law enforcement, city and district attorneys, the American Lung Association of San Diego and Imperial Counties, the County of San Diego Tobacco Control Resource Program, Tabor's Community Service Agency and a variety of community organizations to increase compliance with California's smoke -free workplace law among standalone bars. Asa result, overall compliance among all stand -atone bars in San Diego County increased from 54% in 1998 to 90% in 2002. Your city achieved a rate of 100%. This dramatic progress could nor have been made without the cooperation and support of law enforcement law and city leaders. We would like to schedule time on your upcoming agenda to present certificates of achievement to the Law Enforcement Department in your city to thank them for their continued support for this important objective. Sincerely, JB Flinders Tsang Nguyen Program Manager Program Coordinator LCSA/BREATH LCSA./BREATH tvty w.sntokcfreeba rs.or€ 11 •ecognition The Tobacco -Free Communities Coalition and BREATH (The California Smoke -Free Bars, Workplaces and Communities Program-ALA-EB) recognize and congratulate Rational €itg poke 3tpartmtnt for outstanding enforcement of the California Smoke -Free Workplace Law 1998 to 2003 TOBACCO fOf f a1mmt ities �sa!iiiea W i May 29, 2003 Mr. Park Morse CITY MANAGER CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950 Dear Mr. Morse: With this letter, I make a formal request to be included on the agenda for the next available meeting of the City of National City, City Council. It is my intention to present the council with information regarding vandalism (specifically graffiti), in National City and viable solutions to and funding opportunities for this epidemic. The information to be presented will be in "hand-out" form and, if facilities are available, a PowerPoint presentation will be shown, (this for the benefit of the public, attending). If you should require additional information regarding this request or the content of the presentation, please contact me at your earliest convenience. Respectfully, E. Tracy Smith, Ill President The Renacy Corporation 2440 D AVENUE NATIONAL CITY, CA 91950 USAPHONE (619) 477-8705 WWW.RENACY.COM AGENDA ITEM 1 7/1/03 City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Dalla, CMG - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd City of National City, California COUNCIL. AGENDA STATEMENT MEETING DATE July 1, 2003 ITE 1TITLE RESOLUTION APPROVING THE CONTRACT AND AUTHORIZING THE MAYOR TO\ EXECUTE THE CONTRACT WITH NATIONAL SCHOOL DISTRICT FOR THE NATI:CINAL CITY PUBLIC LIBRARY TO PROVIDE AN AFTER -SCHOOL EDUCATION PROGRAM. PREPARED BY Monica O' HaraA DEPARTMENT Library X4297 EXPLANATION National School District invited the Library to submit a proposal for an after -school education program for the 2003 — 2004 school year. The Library was selected to provide the WINGS (WINner.o Growing Strong) program, which will offer a standardized after -school program that accentuates literacy, academics and enrichment activities. National City Public Library WINGS staff will include. ihe Program Coordinator, 9 lead coaches, and 33 theme coaches. Students will be placed in team; based on age and ability and will rotate to various theme stations throughout the week. They will be involved in motivational lessons that incorporate literacy, direct phonics, social studies, science, math, fine arts, and structured recreational activities. WINGS strengths will include positive motivation, family connections, English language development, direct phonics instruction and well -trained staff. This contract will enhance our ability to focus local resources to better improve the lives of our families and increase student achievement. 2 Environmental Review N/A AGENDA ITEM Financial Statement Approved Din National School District will pay $356,625 for the Library tihAanceDirector perform the services outlined in the contract. Account No. STAFF RECOMMENDATION Adpot the Resolution that approves the contract and authorize the Mayor to execute the contract with National School District. BOARD / COMMISSION RECOMMENDATION The Library Board of Trustees approved on May 14, 2003. rATTACHMENTS ( Listed Below ) Resolution Resolution No. 2003-89 RESOLUTION NO. 2003 — 89 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE NATIONAL SCHOOL DISTRICT FOR THE NATIONAL PUBLIC LIBRARY TO PROVIDE AN AFTER -SCHOOL EDUCATION PROGRAM WHEREAS, the National School District ("District") has implemented the After -School Education and Safety Program ("ASESP"); and WHEREAS, the District desires to engage the services of the National City Public Library through the City of National City to provide an extended school day childcare and education program pursuant to ASESP at all of its schools; and WHEREAS, the term of the Agreement begins July 1, 2003, and expires on June 30, 2004. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement between the City of National City and the National School District for the National City Public Library to provide an after -school education program. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 1' day of July 2003. Nick lnzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney 06-00-9065-100-0000-1000-5800-100-026 AFTER -SCHOOL EDUCATION AND SAFETY PROGRAM OPERATING AGREEMENT CONTRACT #CT 1752 This AGREEMENT is made by and between National School District, herein called, "District," 1500 "N" Avenue, National City, California 91950, and the City of National City, herein called "Contractor," 142 East 12th St., National City, California 91950 WITNESSETH WHEREAS, National School District has 'implemented or will be implementing the After -School Education and Safety Program ("ASESP"); and WHEREAS, District desires to engage the services of the National City Public Library through the City of National City, (or Contractor) to provide an extended school day child care and education program pursuant to ASESP at all of its schools; and WHEREAS, Contractor is ready, willing and able to perform the services detailed in this Agreement, beginning July 1, 2003, and concluding June 30, 2004, NOW, THEREFORE, District and Contractor mutually agree as follows: 1. DEFINITIONS: For the purposes of this Agreement, the following terms shall have the meanings indicated: a) "District" — National School District b) "Contractor" —The National City Public Library through the City of National City c) "State" State -funded After -School Education and Safety Program grant which constitutes the source of funding under this Agreement. 2. SCOPE OF SERVICES: Contractor hereby agrees to perform the services specifically listed below: a) Operation of Program: Operate a school -age child care program pursuant to ASESP ("Program") that provides safe, healthy, recreational, and educational activities at each of the District's schools for children enrolled in the Program. Contractor agrees to commit resources to ensure the delivery of an integrated, age -appropriate child care and education Program. b) Hours of Operation: While District schools are in regular sessions, the Program shall operate after school dismissal time (beginning around 1:00 to 3:10 p.m., dependent upon the school site), for the remainder of the day until 6:00 p.m., on a Monday through Friday schedule. Daily hours of operation must be posted by Contractor and be visible to the participants and parents of the Program. Operating hours will be monitored by daily sign -in and sign -out sheets and reported monthly to the District and to the State by the Contractor. c) Holidays: The Program will not operate during scheduled school holidays and scheduled vacation periods unless funds are made available, and Contractor agrees through an amendment to this Agreement to perform during such periods. d) Use of Facilities: At each school site, Contractor may use such portions of the school site and school facilities as. are agreed upon with the principal of the school. Contractor agrees to keep school sites and school facilities it uses clean and organized during each period it provides services, and to cooperate with other groups using the sites and facilities. 2 e) Compliance: If for any reason, the Program is not operating at the times and days agreed upon, the Contractor shall forfeit payment for those times that the Program is riot operating and will be subject to termination of the Agreement at District's sole option. f) Staffing Contractor shall provide a coordinator to oversee and coordinate Program activities in cooperation with District staff. Each Program site must be staffed daily, at a minimum, by the required student to staff ratio of one adult to twenty students. Designated coaches and/or site staff must be trained in CPR and First Aid. Training will be provided by National School District. Contractor is encouraged to hire instructional assistants and credentialed teachers from the school site to assist with the Program. Volunteers to assist with tutoring, literacy, and mentoring may be added in addition to paid staff. g) Experience: Site supervisors must have prior supervisory experience. h) Fingerprinting Contractor agrees to provide District with written certification that Contractor has complied with the fingerprinting and criminal background investigation requirements of the California Education Code with respect to all of Contractor's employees and volunteers who may have contact with District students in the course of providing services under the Program. Contractor shall provide written verification stating that none of its employees or volunteers who may have contact with District students has been convicted of a violent or serious felony as defined in the Education Code. i) First Aid/CPR: At all times, there shall be personnel on site trained in First Aid/CPR, safety, and emergency procedures. The leaders must have proof of their First Aid/CPR card at the site. j) Uniform/Dress Code: On -site personnel will be required to have a professional appearance, wearing a name badge which identifies them and the agency for which they work. k) Supervision: The Contractor is required to have its agency supervisory management personnel visit each Program site at least once weekly. The District or designee will periodically visit sites unannounced. 1) Health: Contractor staff and volunteers are required to have a negative tuberculin test or x-ray within the last three (3) years. m) Safety: Safety is a critical element in the Programs. All safety rules and emergency procedures followed during the school day apply to the Program. n) Emergency Contact Forms: At every site Contractor must have parents fill out emergency contact cards and medical release forms. These forms must be kept on file at the school site by Contractor within easy access. o) Emergency Procedures/Accident Reports: The Contractor will adhere to emergency procedures at each school site. A formal reporting process for all accidents, incidents and complaints must be approved by the District and communicated to and posted for parents. Any serious accident, i.e., injury involving medical attention, must be reported in writing to the school principals and the Contractor's corporate office. A written accident or incident report must be sent within three (3) days. All minor 4 p) accidents or injuries are reported on an "Ouch Slip," with copies provided to the District, school site, and parent/guardian. School Relations: Developing a close relationship with school staff is critical to the success of the Program. Contractor will communicate regularly with school staff to ensure school staff is fully aware of Program activities. q) Collaboration: Contractor will collaborate with other appropriate persons and entities to provide an effective, meaningful Program in the National School District. Such collaboration shall include, but not be limited to, the National City Public Library, parents and local community partners. Contractor will promote cooperation and coordination among and between school sites and all personnel involved in Program activities. 3. DISTRICT RESPONSIBILITIES: In connection with this Agreement District shall perform the following activities: a) Facilitate communication of the Program mission, goals and objectives to all participating school sites, and in particular to principals, teachers, other school staff, parent -teacher organizations, school site councils and parents. b) Promote cooperation and coordination among and between school sites and all personnel involved in Program activities. c) Designate a staff liaison as a key contact for Contractor. d) Coordinate the daily delivery of snacks for participating children through Child Nutrition Services. e) Negotiate and implement contracts for karate, dance and music coaches. 4. PERIOD OF PERFORMANCE: The services to be performed by Contractor, as set forth herein, shall commence on July 1, 2003, and end on June 30, 2004, unless terminated sooner in accordance with the provisions of this Agreement. This Agreement will automatically renew each year for an additional 12-month period unless either Party chooses to terminate by providing thirty (30) days written notice prior to the end of the term. 5. FEE: The District shall pay to the Contractor as full consideration for the faithful performance of the contract, subject to any additions or deductions as provided in the contract documents, and including any applicable sales, use of other taxes or costs, the sum of ($356,625), Three Hundred Fifty Six Thousand Six Hundred Twenty Five Dollars and No Cents. 6. EXPENDITURES: The Contractor will be required to provide substantiation for all expenditures claimed for reimbursement in the form of receipts and invoices. Contractor is allowed to charge a 5% administrative markup over claimed expenditures. 7. METHOD OF PAYMENT: Contractor shall be reimbursed for eligible expenditures within thirty days of receipt of invoices at the end of each quarter. Invoices shall be submitted for the quarters ending on September 30, 2003, December 31, 2003, March 31, 2004, and the last day of the school year. In order to receive reimbursement for expenditures, quarterly invoices must be accompanied by written documentation substantiating claimed expenditures. The final payment to Contractor shall be withheld until the final invoice with substantiating documentation has been received by the District. 8. STATE REQUIREMENTS: Contractor shall comply with all requirements set forth by the State Department of Education, After -School Education and Safety Program grant. This will include, but not be limited to, program reporting requirements, contract compliance, allowable expenses, fiscal reporting and program evaluations. 6 ZS 9. AUDITS: District will conduct an audit review of Contractor's Program annually during the term of this Agreement. Additionally, Contractor's Program may be audited by District at any time within three (3) years following termination of this Agreement. If Contractor is subject to audits from a source or sources other than the District, Contractor shall provide a copy of the audit to the District within thirty (30) days of completion of the audit. 10. DISCONTINUANCE OF PROGRAM: The District reserves the right to discontinue the Program at its sole discretion, for reasons including, but not limited to the following: regular low attendance (25 students or less), poor program quality, or at the request of the school principal. In such cases, a 30-day written notice will be provided to the Contractor. 11. RECORDS: Contractor shall maintain detailed administrative and fiscal records as required by the District in writing during the term of this Agreement. Contractor shall allow National School District authorized agents to inspect its premises, books, accounting documents, payrolls, and other Program records for the purpose of auditing, monitoring, or evaluating the Program. Contractor shall store such records and documents for a period of three (3) years after submission of the final expenditure report, or until all audit findings have been resolved, whichever is longer. During this period, the District or its authorized agents shall have access to such records and documents at any time. After the three (3) years storage period has expired or all audit findings have been resolved, Contractor shall in either case notify the District of its intent to dispose of Program records before any action is taken. 12. ORAL REPRESENTATIONS: This Agreement and the exhibits and references incorporated herein fully express all understandings of the parties concerning the matters covered herein. No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the parties, their officers, agents, or employees, shall be valid unless made in the form of a written change or amendment to this Agreement which has been duly approved and executed in accordance with procedures described herein. 13. EQUAL OPPORTUNITY PROGRAM REQUIREMENTS a) Equal Employment Opportunity: Contractor hereby agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, Executive Orders 11246, 11375, and 12086; the California Fair Employment Practices Act, and any other applicable Federal and State laws and regulations hereafter enacted. Contractor will not discriminate against any employee or applicant for employment on any basis prohibited by law. Upon request by District, Contractor agrees to submit a current Workforce Report or an Equal Employ- ment Opportunity Plan. Contractor understands that failure to comply with the above requirements and/or submitting false information in response to these requirements may result in termination of this Agreement. b) Nondiscrimination: Contractor agrees not to discriminate in any manner against any person or persons on account of race, color, religion, gender, sexual orientation, medical status, national origin, age, marital status, or disability in Contractor's performance of this Agreement, including, but not limited to, the providing of services, privileges, facilities, advantages, and accommodations. c) Equal Contracting Opportunity: Contractors shall ensure that any subcontractors comply with these provisions. Nothing in this section shall be interpreted to hold a prime contractor liable for any discriminatory practice of its subcontractors. 14. INDEPENDENT CONTRACTOR: Contractor is an independent Contractor hereunder, and nothing contained herein shall be construed as creating a relationship of employer and 8 employee between the parties. Contractor shall notify all prospective subcontractors of its independent status hereunder. 15. ASSIGNABILITY: Contractor shall not assign or subcontract any of the work or services to be performed under this Agreement, or expend any funds for such purpose without prior written approval of the District. Contractor shall provide the District copies of all subcontracts entered into under the terms of this Agreement. 16. HOLD HARMLESS: Contractor agrees to defend, indemnify, protect and hold the District and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Contractor's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that Contractor's duty to indemnify and hold harmless, shall not include any claims or liability arising from the established sole negligence or willful misconduct of the District, its agents, officers or employees. 17. INSURANCE: Contractor shall obtain and keep in force during the period of this Agreement, a policy of comprehensive public liability insurance which insures Contractor against any and all claims of liability, including accident, injury or death arising from the provision of Program services, or from the ownership, use, operation, maintenance, or administration of School District premises and all areas appurtenant thereto. Such insurance shall be in an amount of not less than ONE MILLION DOLLARS ($1,000,000) for any injury or death of, any person or persons in any accident or occurrence, and shall name District as an additional insured. Contractor's public agency self-insurance program shall be considered to satisfy this requirement and contractor warrants that self-insurance program meets requirements of this paragraph. 18. WORKERS' COMPENSATION: Contractor agrees to procure and maintain in full force and effect a Workers' Compensation Insurance program covering its employees and agents while these persons are participating in the activities hereunder. In the event a claim under the provisions of the California Workers' Compensation Act is filed against District by a bona fide employee of Contractor participating under this Agreement, Contractor agrees to defend and indemnify the District from such claim, subject to Contractor's right to seek reimbursement from District for awards for injury to the covered employee arising out of dangerous or unsafe conditions at a District site. 19. DRUG -FREE WORKPLACE: Contractor shall publish a statement, notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the work place, and specifying the actions that will be taken against employees for violations of the prohibition. Contractor shall establish a drug -free awareness program to inform employees about all of the following: a) The dangers of drug abuse in the workplace b) The organization's policy of maintaining a drug -free workplace c) Any available drug counseling, rehabilitation, and employee assistance program d) The penalties that may be imposed upon employees for drug abuse violations Contractor shall post the drug -free policy in a prominent place. Contractor shall include language in each subcontract executed in connection with this Agreement which indicates the subcontractor's agreement to abide by provisions of the drug -free workplace program. 10 Contractor and subcontractors shall be individually responsible for their own drug -free workplace program. 20. TERMINATION OF AGREEMENT: District or Contractor may terminate this Agree-ment by giving written notice to the other party thirty (30) days prior to the effective date of termination. District may terminate this Agreement at any time if Contractor fails to meet or fulfill its obligations hereunder. In the event of termination by either party, District's liability shall be limited to reimbursement for the eligible monthly expenditures for work or services performed, plus administrative markup, up to the date of termination. 21. EVALUATIONS: The effectiveness and success of each program will be measured by overall compliance with Agreement terms, daily attendance, variety and interest of program content, and satisfaction of participants, parents and school administrators. A desired outcome will be improved test scores and increased daily school attendance as measured by the District. Additional evaluations may be required by the State as terms of the grant requirement. Contractor agrees to cooperate and comply with all evaluations of the Program. 22. JOINT ADVISORY PANEL: The parties agree that a joint advisory panel composed of the Literacy Coordinator and WINGS Coordinator from the National City Public Library, and the Assistant Superintendent for Educational Services and the Extended Learning Opportunities Coordinator from the National School District, shall provide advice with respect to the Program provided for by this Agreement. 23. NOTICES: Notices required under this agreement shall be sent to the City Manager of National City, 1243 National City Blvd., National City, CA 91950 and to the Assistant Superintendent —Business Services, National School District, 1500 N Avenue, National City CA 91950. NATIONAL CITY NATIONAL SCHOOL DISTRICT Signature Nick Inzunza Print Name Mayor Title Signature Michael Castanos Print Name Assistant Superintendent —Business Services Title May 14, 2003 Date Governing Board Approval Date 12 MEETING DATE City of National City, Califerr "sa COUNCIL AGENDA STATEMENT July 1, 2003 AGENDA ITEM NO. 3 (-ITEM TITLE A RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO APPROVE CONTRACT CHANGE ORDER NUMBER SIX FOR NATIONAL CITY BOUEVARD 24TH TO 18TH STREET IMPROVEMENTS, SPECIFICATION NO. 02-7 PREPARED EY Michael Long DEPARTMENT Public Works/Engineering 336-4580 EXPLANATION This change order adds two line items at the City's request to the contract with Heftier Company to provide the trenching, conduit, and piping necessary to supply City facility fiber optic nework connection, cable television, and gas and electrical services to the new library site prior to the completion of the streetscape improvements on National City Boulevard. The improvements on National City Boulevard including decorative sidewalk, driveway and median paving, decorative street lights, new landscaping, and new asphalt paving are estimated to be complete by August 14, 2003. Staff is requesting these changes to avoid unnecessarily cutting into the new streetscape improvements currently under construction. The total cost increase due to Change Order Number Six is $14,804.24. This cost includes $5,769.52 to install the conduit and junction pedestal necessary to provide electrical service to the new library site and $9,034.72 for trenching, conduit, gas piping, inspection and trench backfill across National City Boulevard to provide fiber optic, gas, and cable television services to the new library site. Change Order Number Six increases the current contract amount from $1,059,946.00 to a new contract amount of $1,074,750.24. CEnvironmental Review Financial Statement The total cost of the project is estimated to be $1,074,750.24. This amount is within the estima budget for this project. Funding is Account Number 160-461-505 2-000. X NIA STAFF RECOMMENDATI Adopt the Resolution. BOARD 1 COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Contract Change Order Number 6 A-200 (9.991 Approved By 4414e411 !MP - Firtzn e available through Account No, Director Resolution No. 2003-90 RESOLUTION NO. 2003 — 90 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO APPROVE CONTRACT CHANGE ORDER NO. 6 FOR THE STREET IMPROVEMENTS PROJECT FOR THAT SECTION OF NATIONAL CITY BOULEVARD BETWEEN 24T" TO 18T" (Engineering Specification No. 02-7) WHEREAS, on October 15, 2002, the City Council passed Resolution No. 2002-155, approving a contract between the City and Heffler Company, Inc. for the Street Improvements Project for that section of National City Boulevard located between 24' and 18" Streets, Engineering Specification No. 02-7; and WHEREAS, the City has requested Change Order No. Six to provide the trenching, conduit, and piping necessary to supply City facility fiber optic network connection, cable television, and gas and electrical services to the new library site prior to the completion of the streetscape improvements on National City Boulevard; and WHEREAS, Change Order No. Six increases the current contract amount from $1,059,946.00 to $1,074,750.24, a difference of $14,804.24. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to approve Change Order No. Six for the Street Improvements Project for that section of National City Boulevard located between 24' and 18' Streets, Engineering Specification No. 02-7. PASSED and ADOPTED this 1' day of July 2003. Nick lnzunza, Mayor ATTEST: Michael R. Qalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney DATE: CONTRACT CHANGE ORDER NO. 6 6/24/03 PROJECT: National City Boulevard 14th to 18th Street Improvements, Specification No. 02-7 TO: Patrick Heffler, President Heffler Company, Inc. 1800 McKinley Ave., Suite A National City, CA 91950 DESCRIPTION OF CHANGE: This change order is written to add work item number 39 and 40 to the contract (shown below). Current Contract (CO #5) Adjusted Contract (CO #6) No Item Unit Bid Qty Unit Price Amount Unit Price Amount 1 Mobilization LS 1 $13,000.00 $13,000.00 $13,000.00 $13,000.00 2 Traffic Control LS 1 $39,475.00 $39,475.00 $39,475.00 $39,475.00 3 Clearing and Grubbing LS 1 $141,411.63 $141,411.63 $141,411.63 $141,411.63 4 Remove and Replace Street Section SF 11,000 $5.00 $55,000.00 $5.00 $55,000.00 5 Cold Milling SY 7,800 $1.75 $13,650.00 $1.75 $13,650.00 6 AC Overlay TON 950 $51.90 $49,305.00 $51.90 $49,305.00 7 Pavement Fabric SY 11,000 $1.05 $11,550.00 $1.05 $11,550.00 8 Install Curb and Gutter LF 1,730 $14.55 $25,171.50 $14.55 $25,171.50 9 Install Median Curb LE 2,095 $20.84 $43,659.80 $20.84 $43,659.80 10 Remove and Replace Cross Gutter EA 2 $8.49 $10,612.50 $8.49 $10,612.50 11 Construct Colored Concrete Sidewalk Paving SF 18,900 $5.75 $108,675.00 $5.75 $108,675.00 12 Construct Colored Concrete Driveway Paving SF 4,970 $7.56 $37,573.20 $7.56 $37,573.20 13 Construct Colored Concrete Median Paving SF 3,110 $5.61 $17,447.10 $5.61 $17,447.10 14 Raised Walkway (Pedestrian Ramp Detail 6, Sheet 6) EA 3 $4,550.00 $13,650.00 $4,550.00 $13,650.00 15 Street Light Pole Standard, Twin Acorn Type "A" EA 27 $5,675.00 $153,225.00 $5,675.00 $153,225.00 16 Street Lighting Electrical System LS 1 $41,500.00 $41,500.00 $41,500.00 $41,500.00 17 Replace Type 2 Detector Loop EA 31 $300.00 $9,300.00 $300.00 $9,300.00 18 Remove and Replace Curb Inlet Lid (Detail 5, Sheet 2) EA 2 $1,367.36 $2,734.72 $1,367.36 $2,734.72 19 Adjust Street Survey Monument Well and Cover to Grade EA 5 $500.00 $2,500.00 $500.00 $2,500.00 20 Traffic Striping and Signage LS I $4,648.00 $4,648.00 $4,648.00 $4,648.00 21 Adjust Manhole to Grade EA 7 $650.00 $4,550.00 $650.00 $4,550.00 CONTRACT CHANGE ORDER NO. 6 • Lurreni Lontra.L tl.V Ito) AUJ MJSYaa (CO #6) No Item Unit Bid Q Unit Price Amount Unit Price Amount 22 Replace Utility Box and Covers EA 41y $200.00 $8,200.00 $200.00 $8,200.00 23 Tree Grate (Detail 3, Sheet 12) EA 32 $800.00 $25,600.00 $800.00 $25,600.00 24 Bench(Detail 4, Sheet 12) EA 3 $1,330.00 $3,990.00 $1,330.00 $3,990.00 25 Class "A" Topsoil CY 350 $24.16 $8,456.00 $24.16 $8,456.00 26 Tree-36 Inch Box EA 76 $700.47 $53,235.72 $700.47 $53,235.72 27 Shrubs-5 Gallon EA 1,018 $12.41 $12,633.38 $12.41 $12,633.38 28 Sod SF 2,550 $0.81 $2,065.50 $0.81 $2,065.50 29 Fine Grade (Landscape Areas) LS 1 $2,669.12 $2,669.12 $2,669.12 $2,669.12 30 Soil Amendment SF 2,550 $0.70 $1,785.00 $0.70 $1,785.00 31 Mulch CY 28 $45.00 $1,260.00 $45.00 $1,260.00 32 Irrigation System LS 1 $62,086.45 $62,086.45 $62,086.45 $62,086.45 33 Paint Traffic Signal Standards LS 1 $12,000.00 $12,000.00 $12,000.00 $12,000.00 Extra Work Items 34 Install Sewer Clean -Out Type LS 1 $323.47 $323.47 $323.47 $323.47 35 Install 160 Feet of Traffic Signal Conduit LS 1 $325.00 $325.00 $325.00 $325.00 36 Abandon Sewer Manholes LS 1 $1,135.46 $1,135.46 $1,135.46 $1,135.46 37 Remove and Replace D25 l.id `- LS 1 $758.48 $758.48 $758.48 $758.48 38 Install National City Boulevard and 9th Street Improvements LS 1 $64,783.97 $64,783.97 $64,783.97 $64,783.97 39 Install SDG&E Conduit and Pedestal LS 1 N/A N/A $5,769.52 $5,769.52 40 Trench for Fiber Cable, Gas and CCTV LS 1 N/A N/A S9,034.72 $9,034.72 Totals $1,059,946.00 - $1,074,750.24 DISCUSSION: Line Item 39 and 40 has been added to the contract at the City's request to provide compensation to the contractor for the installation of conduit and pedestal for electrical, gas and cable services to the new National City Public Library site. The work will include excavation, backfill, conduit sweeps, material taxes and the cable junction pedestal. The requested work will ensure that the current streetscape improvements to National City Boulevard will be protected in place during the construction phase for the library. CONTRACT ADJUSTMENT: As a result of this change order the contract price is adjusted as follows: 1. The contract price is increased in the amount of $14,804,24 from the current contract price of $1,059,946.00 to a new contract price of $1,074,750.24. Page 2 pAg CONTRACT CHANGE ORDER NO. 6 2. The contract time is increased by fifteen (15) working days. The contract completion date was previously established as Thursday, July 24, 2003. The new contract completion date is therefore established as Thursday, August 14, 2003. This change order shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Heffler Company, Inc. will not be entitled to damages or additional payment for delays as described in the 1997 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. RECOMMENDED FOR APPROVAL BY: Michael J. Long, Associate Civil Engineer Date APPROVED BY: Mr. Patrick Heffler, Pres Heffler Company, Inc. Date ma. Pelt(' Tfli2A,i+I,+I0 Date Heffler Company, Inc. Nick Inzunza, Mayor Date City of National City, CaliTora�ia COUNCIL AGENDA. STATEMENT MEETING DATE Jul, 1, 2003 (-ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CLOSURE OF THE BAYSHORE BIKEWAY PATH ADJACENT TO THE NATIONAL CITY MARINA PROJECT PREPARED BY Michael Long DEPARTMENT Public Works/Engineering 336-4580 AGENDA ITEM NO. 4 EXPLANATION The San Diego Unified Port District has entered into a contract with R.E. Staite Engineering, Inc. for the dredging of the Marina in National City adjacent to Pepper Park. R.E. Staite Engineering is requesting to close a section of the Bayshore Bikeway within an easement in the SDG&E right-of-way leased and maintained by the City. The dredging operations and rock placement for slope protection requires R.E. Staite Engineering to operate a crane over the bikeway, which will impede bicycle traffic and pose safety concerns for bicyclists and pedestrians using the path. Per their attached letter, Exhibit "A", R.E. Staite Engineering is requesting closure for 30 days beginning July 7, 2003 to complete Phase I of their construction and an additional 30 days in the future once Phase II of the project has been awarded by the Port District. Staff will ensure the provision of proper detour and closure signage in conformance with Caltrans standards. The proposed alternate route map, Exhibit "B", will reroute bicycle traffic east on Civic Center Drive, south on Wilson Avenue, east on 22nd Street, and south on Hoover Avenue to the entrance at 33rd Street and Hoover Avenue which connects the Bayshore Bikeway to the Sweetwater River Bikeway. Environmental Review N/A Financial Statement N/A STAFF RECOMMENDATION Authorize the closure and det BOARD I COMMISSION RECOMMENDATION N/A Approved By; F Account No, ATTACHMENTS ( Listed Below t Resolution NO. 2003-91 1. Exhibit "A" - Letter requesting the Bike Path closure 2. Exhibit "B" - R.E. Staite Engineering, Inc. Proposed Alternate Route Map A-200 (999; RESOLUTION NO. 2003 — 91 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CLOSURE OF THE BAYSHORE BIKEWAY PATH ADJACENT TO THE NATIONAL CITY MARINA PROJECT WHEREAS, the San Diego Unified Port District ("Port District") has entered into a contract with R. E. Staite Engineering, Inc. for the dredging of the Marina in National City adjacent to Pepper Park; and WHEREAS, due to the impediment of bicycle traffic and safety concerns, R. E. Staite Engineering is requesting a closure for 30 days beginning July 7, 2003, of a section of the Bayshore Bikeway Path within an easement in the SDG&E right-of-way leased and maintained by the City of National City to complete Phase I of their construction, and an additional 30 days in the future once Phase II of the project has been awarded by the Port District. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes a 30 day closure beginning July 7, 2003, of a section of the Bayshore Bikeway Path within an easement in the SDG&E right-of- way leased and maintained by the City of National City, depicted in the attached Exhibit "A", to complete Phase I of R. E. Staite Engineering's construction, and an additional 30 days in the future once Phase II of the project has been awarded by the Port District. BE IT FURTHER RESOLVED that the City Council hereby approves the temporary detour route, depicted in the attached Exhibit "A", for use during the periods of time which the Bayshore Bikeway Path is closed. PASSED. and ADOPTED this 1" day of July 2003. Nick lnzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. iser, III, City Attorney Cr) CD Cy') m #04y vaillowYL zooz - --z- 0 a. ■o2 6-22-2003 9:35AM FROM RESTAITE 519d777999 P. 2 June 20, 2003 XHIBIT "A" R. E. Smite Engineering, inc. 2140 Tidelands Avenue National City, California 91950-6315 State Contractors License Nwnber 654631 619-477-7900 619-477.7999 Fax City of National City Public Works Department Michael Long via Facsimile: 619-336-4397 RE: Project 2002-23 National City Marina Basin, National City, California Sae Path Closure Request Dear Mt. Long: The purpose of this letter is to modify our closure request for the section of bike path along the National City Marina Basin Site. We propose closing the bike path for an initial period of 30 days to complete the slope work on the South East of the basin, our schedule requires closure starting the 7th of July. Attached is an alternate route for bicyclists. This route will be signed with appropriate detour signs in accordance with CalTrans requirements. After Phase 11 of the work is awarded we will request to schedule another period for closure again with detour and appropriate signage. 'Shank you for your support in this matter Sincerely, Toni D. Miller R. E. Smite Engineering, hie. CUR Ij\{1 ��Ol s.Y SIA I11VA1LN PfA SH NATIONAL NllOLHEE lEENGf CINLA VISTA NATURE CENTER p01'I EX I {I IT B CLOSED ROUTE/PATH TEMPORARY DETOUR ROUTE MARINA EXCAVATION City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 1, 2003 AGENDA ITEM NO. 5 ITEM TITLE A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN MOU WITH SDG&E FOR AN ANNUAL WORK AGREEMENT PURSUANT TO CHAPTER 13.12 OF THE MUNICIPAL CODE PREPARED BY DEPARTMENT Rudolf Hradecky I City Attorney EXPLANATION SDG&E and the City, in recognition of SDG&E's franchise and the provisions of Chapter 13.12 of the National City Municipal Code, have agreed to adopt a Memorandum of Understanding ("MOU") to deal with the various administrative requirements of City ordinances regarding work in the public right-of-way. The MOU reflects the understanding reached between City and SDG&E staff. Environmental Review ^ N/A Financial Statement There is no cost to the City. Approved Bya Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below j Proposed resolution Memorandum of Understanding between City and SDG&E Resolution No. 2003-92 A-200 19 99) RESOLUTION NO. 2003 — 92 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH SDG&E FOR AN ANNUAL WORK AGREEMENT PURSUANT TO CHAPTER 13.12 OF THE MUNICIPAL CODE WHEREAS, SDG&E and City staff have proposed a Memorandum of Understanding ("MOU") regarding notification, permits and fees for encroachment and excavation work conducted by the utility in the public right-of-way, and establishing a Memorandum of Understanding as an Annual Work Agreement between the agency and the utility in recognition of the provisions of Chapter 13.12. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Manager is authorized to execute a Memorandum of Understanding with SDG&E for an Annual Work Agreement pursuant to Chapter 13.12 of the National City Municipal Code. Said MOU is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of July 2003. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Nick lnzunza, Mayor 4 Memorandum of Understanding between National City, a Municipal Agency, and San Diego Gas & Electric Company regarding notification, permits and fees for encroachment and excavation work conducted by the utility in the public right -of way and establishing this memorandum as an Annual Work Agreement between the agency and the utility in recognition of the provisions of Chapter 13.12. Section I -Purpose The purpose of this memorandum is 1) to clarify the respective authority and responsibilities of the City of National City (City) and San Diego Gas & Electric Company. (SDG&E) as it relates to SDG&E's work in the public right-of- way within the City; 2) to formalize their understanding regarding the circumstances under which SDG&E will notify the City of its intent to conduct any public utility facility installation, modification, maintenance or repair work; 3) to defme under what circumstances SDG&E will apply for an encroachment or excavation permit prior to initiating its work and; 4) to establish this memorandum as an Annual Work Agreement and thereby provide the mechanism which outlines the procedures to be followed. The MOU is specifically recognized as being consistent with the provision of Chapter 13.12 and shall be reviewed from time to time to assure conformance with all City ordinances. Section II - Background SDG&F holds an ordained franchise with the City which among other things, requires the utility to indemnify, save, hold harmless and defend the municipality, its officers and employees from all liability for damages proximately resulting from any operations under the franchise. Further, the franchise, state statutes and California Public Utility Commission (CPUC) rules require SDG&P to abide by all rules, regulations, laws and standards set forth by the responsible governing agency federal, state or local - including detailed construction methods, design and.safety standards, and other municipal regulations and standards, not preempted by state or federal rules or laws, including those standards addressing final street and landscape repair. Section III — Definitions Whenever words or phrases are used in this memorandum they shall have the respective meanings assigned to them in the following definitions: (a) The word "construction work" shall mean excavation, construction, installation or fabrication of structures , piping, poles and conduits and appurtenances in, under or over the public right-of-way, or combination thereof. It includes installation and removal/relocation of power poles, potting to locate facilities, and raising or lowering valveboxes or handholes. The term also includes "excavation work". (b) The phrase "customer service work" shall mean non -emergency, non -construction work which is urgent in nature, has been requested to be completed with minimal or no notice, can be completed in a short time frame and is initiated to fulfill the City's and SDG&E's desire to provide a high level of customer service to the residents and businesses within the City. (c) The phrase "non -construction work" or "minor work" shall mean all work which by its nature and length of time worked will have little or no impact upon the public right-of-way or the users thereof.. Some examples of minor work are: maintaining, adjusting or replacing existing facilities; cable pulling, short service runs, tie-ins, tree trimming, manhole or handhole cleaning, and other like work in the right of way. It includes "customer service work". (d) The phrase "ordinary work" shall mean construction work in the public right-of-way., . Some examples of ordinary work are: maintaining, adjusting, replacing or installing facilities, raising or lowering valve boxes or handholes, potting to locate facilities, tapping, boring and similar construction work in the right of way. (e) The phrase "excavation work" shall mean any work in which earth, rock, or other material in the ground is moved, removed or otherwise displaced by means of tools, equipment, or explosives in any of the following ways: grading, trenching, digging, ditching, drilling, auguring, tunneling, scraping, cable or pipe plowing and driving, or any other way. It is synonymous with "construction work". Section IV - Term of Work Agreement This agreement is effective from the date of approval until terminated upon 30 days written notice by either party or modified by mutual written agreement Section V-Notification • At least 48 hours prior to initiating SDG&E authorized minor work, SDG&F will provide to the City a written notice of its intent to commence work. Notification will be by fax ., with a confirming fax from the City, however work may proceed after 48 hours. • For ordinary or construction work for which it is reasonable to expand upon normal interface with the municipality, SDG&E will be responsible for contacting the City at least 7 calendar days in advance, advising 3 them of the circumstance and magnitude of the work and determine the extent of interface necessary. SDG&E shall also submit construction drawings, and if appropriate apply for and be issued a formal ministerial permit. • Notification for emergency work will take place as soon as practical, but no later than 72 hours following commencement of the work. Section VI - Traffic Control For all construction work in the public right of way, SDG&E will abide by appropriate traffic control standards for the safe movement of traffic upon highways or streets in accordance with the State Vehicle Code and as per the State of California Manual of Traffic Controls and the Work Area Traffic Control Handbook (WATCH) .' The conforming Work Area Protection and Traffic Control Manual as prepared by the California Joint Utility Traffic Control Committee and the San Diego Regional Standard Drawings for Traffic Control will also be available for reference. SDG&E will submit detailed traffic control plans for work which warrants municipal participation and review. Reference to any of the stated traffic manuals as part of the notice of intent to commence work is appropriate and acceptable. Notice will be provided in accordance with Section V. Section VII - Street Repair National City has the right to expect that any damage to a right-of-way will be restored to a usable manner in a reasonable time period. For those sections of the public right -of way damaged by SDG&E, SDG&E will repair or replace the right-of-way to a like or better condition using SDGE/City of National City T-cut standards. SDG&E will also guarantee the repair for an indefinite period. SDG&E shall not be required to make full width overlays on major excavations into newly resurfaced streets pursuant to Section 13.12.070 except where the standard repair is inadequate and fails to perform to the City's reasonable satisfaction. . Section VIII - Special Conditions SDG&E will work with National City to address circumstances and conditions unique to that community and will comply with all reasonable requests which are intended to mitigate or lessen any impact caused by ;' SDG&E's authorized work. Section IX - Fees Fees will be in accordance with the National City Fee Schedule. The assessment of fees shall be waived for SDGRIF and its agents and assigns for all City initiated projects. Section X - Miscellaneous a. Working hours are from 7:00 a.m. to 5:00 p.m.. Monday through Friday. Advance approval for deviations from these hours shall be obtained from the City. b. A City business license is required for SDG&E contractors, regardless of the scope of work. c. Whenever practical, new service laterals shall be bored from the property line or under curb and sidewalk, in lieu of cutting the stied. d. SDG&E shall preserve or promptly replace survey markers, including street monuments and bench marks disturbed during the course of construction by its crews or contractors. e. Concrete cross -gutters, sidewalks, alley aprons and pavements shall be replaced entirely from joint to joint once disturbed. All decorative sidewalks shall be replaced with same type of material and color. f. Permanent iicuch resurfacing shall be performed in a reasonable time frame following placement of conduits or gas pipe. No open trenches will be permitted to remain in the public right-of-way for extended periods of time. At the end of each working day or upon leaving a site for another location, the open excavation shall be covered with steel traffic plates. Open trenches will normally be backfilled within 24 hours. g. In the case of trench failure, SDG&E shall respond within a reasonable length of time, not to exceed 30 days from date of notice from the City unless otherwise agreed, to correct the defective work. h. Prior to commencement of work in the vicinity of traffic signal loops, SDG&E or its designated contractor shall call National City Public Works at 336-4360 for mark outs of the loops. The Engineering Department will provide SDG&E a copy of the up-to-date signal plan. Any loop that is damaged shall be repaired by SDG&E to the City's up-to-date standards immediately after the trenching. If present, any damaged traffic signal coordination conduit and the conductors shall be replaced and tested. Section XI - Dispute Resolution If during the term of this agreement a difficulty is encountered which cannot be settled by the City's Engineering staff and SDG&E Construction Management staff it shall become the responsibility of the City's City Engineer and SDG&E's Director of Governmental and Public Affairs to promptly conclude the dispute with a reasonable solution. Otherwise, the dispute resolution provisions of chapter 13.12 will apply. Date: City of National City San Diego Gas & Electric By: By: City Manager MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT July 1, 2003 ,ITEM TITLE A RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH DOUGLAS E. BARNHART, INC. TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR THE LIBRARY PROJECT PREPARED BY Stephen Kirkpatrick DEPARTMENT Public Works/Engineering 336-4580 6 AGENDA ITEM NO. EXPLANATION On April 15, 2003, a Request for Qualifications (RFQ) was issued inviting firms to submit proposals to provide Construction Management Services for the new library. Ten proposals were received by the due date of May 9, 2003. A selection committee consisting of two elected officials and three staff members reviewed the submittals and created a "shortlist" of four firms to interview. On May 29, 2003, the firms were interviewed. As a result of the interviews, two of the firms were found to be highly qualified. On June 3, 2003, the two firms were presented to Council for the final selection. Douglas Barnhart, Inc. was the unanimous choice of the Council. Public Works/Engineering Staff has since negotiated an exact scope of work and fee for the services with the selected firm. A copy of the proposed agreement is attached. This Construction Management agreement cost is an eligible reimbursable expense. Funds have been budgeted for this work within the State approved project. Environmental Review N/A Financial Statement The total cost of the contract is $339,988. Funds have been this contract in Account Number 241-409-500-598-1583 and 242-409-500-598-1583. Approved Bea / . budgeted for �/ ( FinDirector Account Number rI/ Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMM SIGH RECOMMENDATION N/A ATTACHMENTS ! Listed Below } 1. Agreement Resolution No 2003-93 A-200 i9;99) RESOLUTION NO. 2003 - 93 • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DOUGLAS E. BARNHARD, INC. TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR THE LIBRARY PROJECT WHEREAS, the City desires to employ a contractor to provide construction management services for the library project; and WHEREAS, the City has determined that Douglas E. Barnhard, Inc. is an engineering firm specializing in constriction management and is qualified by experience and ability to perform the services desired by the City, and Douglas E. Barnhard, Inc. is willing to perform such services NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City an Agreement with Douglas E. Barnhard, Inc., to provide construction management services for the library project. Said Agreement is on file in theoffice of the City Clerk. PASSED and ADOPTED this 1s` day of July 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND DOUGLAS E. BARNHART, INC. THIS AGREEMENT is entered into this 1 day of July, 2003, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and DOUGLAS E. BARNHART, INC. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide a Construction Manager that will manage the project from pre -construction phase to project close- out. WHEREAS, the CITY has determined that the CONTRACTOR is an Engineering Firm specializing in Construction Management 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 requested by the CITY 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 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stephen M. Kirkpatrick, P.E., Assistant Director of Public Works/Engineering, 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. Doug Muirheid, Vice President 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 amounts described in the Schedule/Estimates of Services section of the attached Exhibit B (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit 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 length of this agreement shall be (501) five hundred and one working days from the date the agreement is entered. Therefore the final report shall be submitted no later than Thursday, September 1, 2005. 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 hereby assigns to the CITY and CONTRACTOR 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 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. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, 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. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. 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 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 shall 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. 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 CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to he 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 4 available sources of information; (iii) is already any obligation of confidentiality; or (iv) has CONTRACTOR by a third party, but only to been or is rightfully authorized by that third part in the possession of the CONTRACTOR without been or is hereafter rightfully disclosed to the the extent that the use or disclosure thereof has y. 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 and hold harmless the City of National City, its officers, employees, and appointed volunteers against and from any and all liability, loss, defense cost, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent acts, errors or omissions or other wrongful conduct 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, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense 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: 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 and annual aggregate, covering all bodily injury and property damage arising out of its operation under this Agreement. id D. Workers' compensation insurance covering all of CONSULTANT's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and appointed 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 ten (10) days if cancellation is for nonpayment of premiums. 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" rathef 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 reasonable 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 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 and the amount of controversy does not exceed $25,000, 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 6 breach thereof that does not exceed $25,000 and 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's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 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: To the CONTRACTOR:. Stephen M. Kirkpatrick Assistant Director of Public Works/Engineering City of National City 1243 National City Boulevard National City, CA 91950 Douglas J. Muirheid Vice President Douglas E. Barnhart, Inc. 10760 Thornmint Road San Diego, Ca 92127 Noticeof 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. 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. 8 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 following Exhibits attached hereto are hereby incorporated herein by this reference for all purposes. • Exhibit A — Scope of Services • Exhibit B — Schedule/Estimates of Services/Hourly Rates 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. L 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 Douglas E. Barnhart, Inc. (Two signatures required) By: By: Burton S. Myers, (Name) Public Works/Engineering Director APPROVED AS TO FORM: By: George H. Eiser, III City Attorney (Title) (Name) (Title) Schedule of Exhibits National City Municipal Library — Construction Management Services Exhibit A — Scope of Services Exhibit B — Schedule/Estimates of Services/Hourly Rates XHIBIT A NATIONAL CITY MUNICIPAL LIBRARY — CONSTRUCTION MANAGAMENT SERVICES SCOPE +SF SERVICES The Construction Management firm will serve as a staff augmentation to the City of National City Public Works Department in the implementation of the construction project. It is expected that the Construction Manager will manage the project from pre -construction phase to project closeout. The Construction Manager will assist the City with the following activities, including, but not limited to: PROJECT MANAGEMENT Pre -construction Phase 1. Review design documents for constructability, scheduling, consistency, and coordination. 2. Provide value -engineering analyses, if necessary. 3. Assist in the preparation of supplemental conditions for the specifications. 4. Prepare a CPM schedule for the project. 5. Monitor the design and procurement schedule. Bidding Phase I. Conduct a pre -bid conference. 2. Work with the City's Contractor Outreach Coordinator to attract local contractors and subcontractors to bid on the work. 3. Review and coordinate addenda and alternates. 4. Conduct public bid opening and evaluation. 5. Conduct post -bid conference. 6. Assist with the preparation of agenda items for City Council. 7. Analyze bids and recommend awards. 8. Assist with assembling, delivering, and executing the contract documents. Construction Phase 1. Review and comment on the General Contractor's construction schedule. 2. Review contractor's schedule submittal and make recommendations to the City. 3. Conduct pre -construction conference. 4. Provide continuous on -site management. 5. Establish communications procedures. 6. Assist and support architect's construction administration processes. 7. Review and process RlTs, shop drawings, samples, and other submittals. X. Coordinate project site meetings. 9. Coordinate change order control process. EXHIBIT A NATIONAL CITY MUNICIPAL LIBRARY — CONSTRUCTION IVIANAGAI'+'IENT SERVICES 10. Review and monitor contractor h quality control program. 11. Review monthly construction progress and prepare reports. 12. Review and analyze proposed change orders and make recommendations to the City. 13. Determine cost and schedule effects of change orders. 14. Coordinate and evaluated contractor § recovery schedules. 15. Prepare change order reports. 16. Coordinate monthly pay requests. 17. Verify schedule of values. 18. Determine substantial completion and payments. 19. Coordinate the preparation of the punch -list. 20. Coordinate procurement and installation of the FF&E. 21. Provide on -site construction administration. 22. Coordinate the activities of `Special "construction inspectors and material testing. 23. Monitor overall budget and schedules and advise the City Project Manger of any trends that affect the timely procedures and cost effective completion of the project. 24. Review the activities of the construction inspector in the performance of there duties. 25. Initiate and maintain project document files. 26. Maintain daily reports describing general events, noting problems and unusual events. 27. Submit monthly written reports to the City's project manager to reflect new contingency balances and any other issues. 28. Be familiar with the plans and specifications and the General Contractor h operations 29. Monitor and review the construction for compliance with the contract documents and at all times. supplemental instruction from the Project Architect/Engineer and directives from the Construction Manager. 30. Preclude work or related work from being installed, until shop drawings have received final approval from the Project Architect/Engineer. Close-out Phase 1. Coordinate closeout procedures. 2. Coordinate and expedite record drawings and specifications 3. Coordinate 0 & M manuals, warranties/guarantees, and certificates. 4. Prepare final accounting report. Exclusions I _ The costs for bonds, permits, fees, special testing and inspection. 2_ All CM l general conditions: trailer, phone, fax, copier, office equipment, office supplies, postage, Fed -Ex, computer, office furniture, temp. electric, temp. toilet. 3. Cost of advertising and plan reproduction. EXHIBIT B CM •- Schedule/Estimate of Services , National City Municipal Lib nary II 1 Preconstruction Services (6 - months) Personnel Costs Description Months Weeks 6 22.98 CM VP Scheduler Estimator section total On -Site Construction Services (15 months Estimated Hours! Total Prices Week Hours 1 Hour 22.98 22.98 22.98 Personnel Cost Description Months ICM 15! VP 14 Scheduler 12 Estimator 12 Clerical 14 12 4 1 3 275.8 105 91.9 123 23.0 95 2,183 57.5 93 5,343 Total \June 17, 2003 28,955 11,306 Section Total Estimated Hours! Total Price/ Section Weeks Week Hours Hour I Total i Total 59.95 40 2398.0 105� 251,790 55.62I 3 166.9 1231 20,524 l 47.96 1 48.0 95 4,556I 47.96 1 ! 48.0 93 4,460 56.62I 4 I 226.5 48 10,871 section total 292,201 339,988 weeks have been adjusted to account for holidays, vacation and sick time XHIBIT B Hourly Billing Rates - Douglas E. Barnhart, Inc. Principal -in -Charge $123/Hr. Construction Manager $105/Hr. Estimator $93/Hr. Scheduler $95/Hr. Coordinator $84/Hr. Accountant $74/Hr. Admin. Support $48/Hr. MEETING DATE July 1, 2003 City sit National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 7 /ITEM TITLE A RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH CARRIER JOHNSON TO PROVIDE FURNISHINGS, FIXTURES, AND EQUIPMENT DESIGN SERVICES FOR THE LIBRARY PROJECT PREPARED BY Stephen Kirkpatrick DEPARTMENT Public Works/Engineering 336-4580 EXPLANATION Carrier Johnson has been under contract with the City of National City since the inception of the Library Project. They assisted in the preparation of the application for State Funding, and are now in the process of preparing the Construction Documents for the building. Throughout the process, Carrier Johnson has performed very well for the City. The last phase of the design is the Furnishings, Fixtures, and Equipment (FF&E) phase. This phase involves preparing bid -able documents for al! furnishings and equipment that will go inside the new library building. It is a very important component of the design of a new library building. Carrier Johnson was selected to provide the FF&E Design Services as a result of the Request for Qualifications process. It was contemplated as the fourth phase of the design of the project. In fact, although not under formal contract, Carrier Johnson has been providing some of the services described in the Scope of Work to the City already as a result of questions and comments resulting from the State of California review of our building design. This design agreement cost is an eligible reimbursable expense. Funds have been budgeted for this work within the State approved project. Environmental Review N/A Financial Statement Approved B. The total cost of the contract is $67,000. Funds have been budgeted for this coact "a Director in Account Number 241-409-500-598-1583 and Account Number 242-409-500-598-1583. Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMM SSION RE hM ENoATION N/A ATTACHMENTS 1. Agreement Resolution No. 2003-94 RESOLUTION NO. 2003 - 94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CARRIER JOHNSON TO PROVIDE FURNISHINGS, FIXTURES, AND EQUIPMENT DESIGN SERVICES FOR THE LIBRARY PROJECT WHEREAS, the City desires to employ a consultant to provide furnishings, fixtures, and equipment design services for the library project; and WHEREAS, the City has determined that Carrier Johnson is an architect firm specializing in architecture interior design planning and is qualified by experience and ability to perform the services desired by the City, and Carrier Johnson is willing to perform such services NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City an Agreement with Carrier Johnson to provide furnishings, fixtures, and equipment design services for the library project. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 1 s` day of July 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney RI AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CARRIER JOHNSON THIS AGREEMENT is entered into this 1 day of July, 2003, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and CARRIER JOHNSON (the "CONTRACTOR"). RECITALS A WHEREAS, the CITY desires to employ a CONTRACTOR to perform a Furniture, Fixtures and Equipment selection for the City of National City Public Library. WHEREAS, the CITY has determined that the CONTRACTOR is a Firm specializing in architecture interior design planning 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 keep City staff 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. Stephen M. Kirkpatrick, P.E., Assistant Director of Public Works/Engineering, 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. Kevin L. Krumdieck, Senior Project Manager 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 amounts described in the professional fees section of the attached Exhibit A (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit 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 length of this agreement shall be (501) five hundred and one working days from the date the agreement is entered. Therefore the final report shall be submitted no later than Thursday, September 1, 2005. 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 hereby assigns to the CITY and CONTRACTOR 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 disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. The CITY shall hold the CONTRACTOR harmless from any liability arising from any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRATOR, but only with respect to the effect of the modifications 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 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 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. 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 has had no professional liability judgements made against them related to the professional performance of design services in the last five years. 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 CITYfor 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 shall 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. 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 CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of 4 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 and hold harmless the City of National City, its officers, employees, and appointed volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, cost 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 negligent 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, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense 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: A. 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 and annual aggregate, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and appointed 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 ten (10) days if cancellation is for nonpayment of premiums. 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. employees. 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, except professional liability limits. 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 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 6 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's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 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: Stephen M. Kirkpatrick Assistant Director of Public Works/Engineering City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Mr. Gordon Carrier Principal Carrier Johnson 1301 Third Avenue San Diego, Ca 92101 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. 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 8 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 following Exhibits attached hereto are hereby incorporated herein by this reference for all purposes. • Exhibit A — Scope of Services and Fee Schedule 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 By: Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney Carrier Johnston (Two signature e. ed By: 10 ARCHITECTURE INTERIOR DESIGN PLANNING CORDON H. CARRIER MA MICHAEL C. JOHNSON AIA WILLIAM C. 6OCKEN AIA DEBORAH P. ELLIOTT IIOA FRANK A. WOLOEN 1301 -THIRD AVLNIII SAN OIEGO CALM OIINIA 92101 TIE 619 239 2353 All E19 239 6227 2600 MIC1111,ON [IL 111111 411(I IIV IIJI I I,III 11111JIA 92(,1, £R JOANSO-N May 9, 2003 IIT "A" Mr. Stephen Kirkpatrick Assistant Director of Public Works City of National City, Engineering Department 1243 National City Boulevard National City, CA 91950 RE: City of National City Public Library FF&E Design Services Proposal Dear Steve, This proposal is offered to cover additional design services related to Furniture, Fixtures, and Equipment selection. Now that the DD phase is done, we need to start focusing serious attention on these services. Sequentially, EF&E planning follows the Architectural planning, so FF&E Design Development typically occurs during the CD phase of Architectural Services. Our contract, dated January 21,2003, covers the Architect's services for building design and contract administration. Attachment 1 defined those services in detail. FF&E design services were noted to be performed under separate contract (item 8.3.27). The interior design services outlined in Attachment 1 (also budgeted for in the State Grant Application) covers the space -planning (wall layouts and generic furniture arrangements) and interior finish selections for floors, walls, ceilings, and millwork. To satisfy the State (SD and DD submissions) and the City's interest we have been budgeting FF&E items from our previous experience based on historical cost data. We have also provided detailed furniture plans to indicate very specific room layout information. These two efforts enter into FF&E services scope. We have provided this work in advance of a FF&E Agreement to further the cause of the overall design progress and keep the project budget in line. We now need to initiate FF&E services in earnest and need to have an Agreement in place that defines our services. Our proposal is based on a lump sum basis for the professional services defined herein. The effort and fees shown below are in addition to the amounts defined in our existing contract as Phase 1,2,& 3. Mr Stephen Kirkpatrick May 9, 2003 Page 2 of 3 SCOPE OF WORK Attachment 1 defines the detailed services that Carrier Johnson proposes to provide. These can be modified as required to meet the City's needs. This proposal has been based on a schedule for Library move in by July 2005. Attachment 2 shows our anticipated FF&E phase durations and milestones. If FF&E package reviews by National City or the State of California are extended (more than 3-4 weeks), Carrier Johnson reserves the right to adjust our fee for the additional time. Carrier Johnson will provide the City with completed Contract Documents suitable for bidding and installing the work as a single project with a qualified Furniture dealer. SCOPE ASSUMPTIONS 1. Carrier Johnson's team will prepare Contract Documents necessary for FF&E Bidding and for approval by National City. Carrier Johnson will also provide documents for submission to the State of California OLC. However, meetings and presentations to State staff will be done on a time and materials basis as the need arises. 2. This proposal is based on the following submittals of Documents: Design Development FF&E package Contract Document FF&E Bid Package 3. If a form of FF&E delivery other than Design/ Bid! Install is used, Carrier Johnson reserves the right to adjust our fee accordingly. PROFESSIONAL FEES We have budgeted for the costs listed below in the FF&E cost estimate summary page in our April 24, 2003 DD Cost Estimate. Our fees for providing FF&E design services are as follows: PHASE DESIGN DEVELOPMENT CONTRACT DOCUMENTS BIDDING & INSTALLATION TOTAL - FF&E FEE $ 16,000 $ 30,000 $ 15,000 $ 61,000 EXPENSES $ 500 $ 700 $ 600 $ 1,800 EST. We have provided an estimate of reimbursable expenses. We will bill you as expenses occur at thedirect cost plus 15% for administrative handling. In addition to the fee amounts provided above, we suggest that you carry a $3,000 design fee contingency to allow for miscellaneous services if they arise. REIMBURSABLE EXPENSES Reimbursable expenses include, but are not limited to: CADD plotting, reprographics, out of town travel, mileage from Architect's office to site, and messenger or delivery service charges. We have provided our best estimate of what these services may cost in the Fee Summary section above. Cl fee proposal FF&E 030509.doc Mr Stephen Kirkpatrick May 9, 2003 Page 3 of 3 We hope this proposal meets your needs and can be approved as submitted. Once authorized, we will invoice for this work under project number 4486.02 to separate the costs from the rest of our services. We would like to start the Design Development work by early June 2003. Please let us know if you have any questions regarding the submitted information, or if you need anything else. Sincerely, CARRIER JOHNSON Bill Bocken, Interior Design Principal Kevin L Krumdieck, Senior Project Manager Attachments: 1. FF&E Design Services Description 2. FF&E Design Schedule CI Fee proposal FF&E 030509.doc • ATTACHMENT 1 NATIONAL CITY PUBLIC LIBRARY SCOPE OF FF&E SERVICES May 8, 2003 FF&E SCOPE OVERVIEW • Documentation & management of furniture & equipment -related information. • Aesthetic coordination with building architecture & interior design. a Coordination of programmatic requirements and interface with OLC requirements. FF&E CLIENT RESPONSIBILITIES • Approved interior design concepts. o Approved "generic" furniture (space) plans. o Provide preliminary equipment requirements/staff & public FF&E SCOPE OF SERVICES Design Development Phase • Develop/maintain project FF&E schedule. • Develop system (preferably database) for identifying, budgeting, specifying furniture & equipment items throughout project. • Determine staff workspace functional components. o Inventory & analyze existing FF&E items (History room) for re-use/refurbishment. • Develop equipment location plans schedule (overlaid on furniture plans) for electrical./data requirements. • Develop furniture & equipment plans and legends, organized by item type (i.e. task chair, reading table, etc.) for cross-reference to coded plans & specs. • Finalize budget for FF&E based on coded plans; reconcile with FF&E funds as required. • Determine specific functional criteria and aesthetic parameters for generic furniture items. • Research specific furniture products that meet functional & aesthetic criteria for staff & public areas. Provide preliminary product selections for each furniture type. • Obtain manufacturers' budget pricing on preliminary product selections. • Refine furniture & equipment codes on plans as specifications are refined & staff comments are incorporated. Deliverables: Floor plans and Preliminary Room Schedules (two copies of each). Three material and product selection boards. Attendance of three client coordination/review meetings. Contract Document Phase: © Evaluate appropriate systems furniture manufacturers. o Select secondary products (alternates) if required for bid specifications. • Develop construction documents for customized furniture items. o Finalize coordination of equipment plans with base building power & signal plans. n Coordinate furniture finishes & materials with base building palette. • Develop bid specifications. o Finalize FF&E budget based on final plans & specs. Deliverables: Specification Spreadsheets, Cut Sheets, Floor plans and Room Schedules (two copies of each). Attendance of three client coordination/review meetings. P.\PRJC7 \4486.0D\Peet& Contracts \4486.02\Attachment-1 _rFf-S ope_03-050S.doc ATTACHMENT t National City Public Library Scope Of FF&E Services CI Project No. 4486.02 Procurement/ Installation Phase: • Assist with FF&E bid process. • Review proposed substitutions during bidding. a Review purchase orders. ▪ Review shop drawings, submittals, and mockups. a Assist Construction Manager with installation schedule. a Attend site meetings during installation. a Assist with punch lists and project closeout. Deliverables: Product Maintenance Data (one copy). PAPRJCT14486.00\FeBS Contracts \4486.02\Attachment-1 FFE-Scope_03-0508.doc May 8, 2003 Page 2 • ATTACHMENT 2 NATIONAL CITY PUBLIC LIBRARY PRELIMINARY FF&E SCHEDULE ID Task Name DESIGN DEVELOPMENT PHASE 2 3 I Preliminary Color/finish selections Preliminary Equipment selection 5 DD package documentation & pricing 5 7 8 a 0 13 14 H15 Furniture selection research Issue DD package to city & state DD approval by NCL and OLC CONTRACT DOCUMENTS PHASE Furniture specifications Color/finish bidding selections Final Equipment selection CD package documentation & pricing Issue CD package to city & state CD approval by NCL and OLC PROCUREMENT/INSTALLATION PHASE IBRARY MOVE IN 21 OPEN LIBRARY Duration 60 d CARRIER JOHNSON as of 5/09/03 2005 Start Finish Predeces JIJ�AISfOINIDIJIFIMfAIMIJIJfAISIOIND JIFIMIAIMIJIJ 6/2103 8122/03 12 d 6/2/03 6/17/03 10 d 6/18/03 7 d 7/2/03 7/10/03 10 d I 7/11/03 7/24/03 1 d I 7/25/03 7/28/03 60 d 1/5/04 1/5/04 6 d 1/26/04 8 d 2/3/04 10 d l 2/13/04 1 d 2/27/04 20 d 3/1/04 24 w 10/25/04 4/11/05 7/1/03 7/25/03 8/22/03 3/26/04 1/23/04 2/2/04 2/12/04 2/26/04 2/27/04 3/26/04 4/8/05 7/1/05 7/5/05 775105 Page 1 of 1 Approved Bin; Finance Director Account Noe City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE ,Jul, 1, 2003 AGENDA ITEM NO, R (-ITEM TITLE A RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH A NEW 4- HOUR PARKING LIMITATION ON NATIONAL CITY BOULEVARD, FROM 18TH STREET SOUTH TO THE END OF THE MILE OF CARS, AND REMOVING THE 2-HOUR PARKING SIGNS ON THE NORTH SIDE OF 24TH STREET, WEST OF "A" AVENUE (TSC ITEM NO. 2003-23) PREPARED BY Adam Landa DEPARTMENT Public Works/Engineering 336-4580 EXPLANATION Mr. Weldon Donaldson, Co -Executive Director of the "Mile of Cars" Association, has requested the "2- hour limited parking" zone on National City Boulevard be changed to "4-hour limited parking" zone. Mr. Donaldson stated in his letter that they need parking for their customers. Bill Cumming, from Ron Baker Chevrolet, has also requested that the "2-hour parking" signs be removed from the north side of 24th Street between National City Boulevard and "A" Avenue. Mr. Cumming stated that the "2-hour parking "restriction is no longer necessary at this location. The Traffic Safety Committee approved changing the "2-hour limited parking" signs to "4-hour limited parking" on National City Boulevard from 18th Street south to Moynahan Towing on the west side and from 18th Street south to the SouthBay Volkswagon Dealership on the east side and removing the "2- hour parking" signs on the north side of 24th Street between National City Boulevard and "A" Avenue. Environmental Review N/A Financial Statement N/A STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of June 11, 2003, approved the "4-hour limited" parking on National City Boulevard from 18th Street south to the end of the Mile of Cars, and the "2-hour parking" signs on the north th_ .. .. ATTACHMENTS ( Listed Below) Resolution No. 2003-95 1. Resolution 2. Staff Report to the Traffic Safety Committee A-200 (9 99) City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE July 1, 2003 AGENDA ITEM NO. 10 7ITEM TITLE RESOLUTION ADOPTING A SPECIFIC PLAN AMENDMENT AND APPROVING A TENTATIVE SUBDIVISION MAP FOR 120 DETACHED CONDOMINIUM UNITS ON THE SOUTH SIDE OF SWEETWATER ROAD EAST OF PLAZA BONITA (APPLICANT: CONCORDIA COMMUNITIES, LLC) (CASE FILE NO.: M2-SP-1-88/ S-2003-2) PREPARED BY Roger Post, 336-4310 DEPARTMENT Planning EXPLANATION The Council voted to approve this item at the June 17, 2003 public hearing. The attached resolution is necessary to follow through on the action. Also attached is the mitigation monitoring program, which will ensure that project conditions pertaining to environmental issues are carried out. Environmental Review NiA EIR (IS-88-55) certified 1990; Addendum completed May 2003 Financial Statement N/A STAFF RECOMMENDATION Adopt the attached resolution. BOARD f COMMISSION RECOMMENDATION N/A Approves! BY: Finance Director Account No. ATTACHMENTS ( Listed Below) Resolution No„ Resolution Mitigation Monitoring Program 2003-6'i\ A-200 (9;99) RESOLUTION NO. 2003 — 97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING A SPECIFIC PLAN AMENDMENT AND APPROVING A TENTATIVE SUBDIVISION MAP FOR 120 DETACHED CONDOMINIUM UNITS ON THE SOUTH SIDE OF SWEETWATER ROAD EAST OF PLAZA BONITA APPLICANT: CONCORDIA COMMUNITIES, LLC CASE FILE NO. M2-SP-1-88/S-2003-2 WHEREAS, proceedings were initiated for the amendment of Specific Plan SP-1-88 in accordance with procedures of the Land Use Code; and WHEREAS, application was made for approval of a tentative subdivision map on property generally described as: All that portion of Lots 4, 5 and 8 in Quarter Section 99 of L.W. Kimball's Subdivision of parts of Quarter Sections 98, 99, 110 and 111 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California according to Map thereof No. 63, filed in the Office of the County Recorder of San Diego County, May 11, 1885, together with a portion of the southwesterly quarter of Quarter Section 100 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166 made by Morrill, filed in the City Office of the County Recorder of San Diego County. WHEREAS; the Planning Commission of the City of National City considered a specific plan amendment application for 120 detached condominium units on the south side of Sweetwater Road at a duly advertised public hearing held on May 19, 2003, at which time oral and documentary evidence was presented; and WHEREAS, the Planning Commission did consider the Final Environmental Impact Report, 1990 Addendum Reports, and the Environmental Impact Report Addenda dated May 15, 2003 and December 28, 2001 (IS-88-55), and all evidence and testimony presented at the public hearing; and WHEREAS, the Planning Commission adopted Resolution No. 16-2003 recommending approval of the specific plan for properties on the south side of Sweetwater Road east of Plaza Bonita; and Resolution No. 2003 — 97 July 1, 2003 Page Two WHEREAS, the City Council of the City of National City, considered a specific plan amendment application for 120 detached condominium units on the south side of Sweetwater Road east of Plaza Bonita at a duly advertised public hearing held on June 17, 2003, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council of the City of National City considered Planning Commission Resolution No. 16-2003 and the proposed specific plan (Exhibit A, 2nd Revision, case file no. S-2003-2/M2-SP-1-88, dated 5/9/2003; and Exhibits B Revised and C Revised, case file no. S-2003-2/M2- SP-1-88, dated 4/24/2003 and the staff report contained in Case File No. M2-SP-1- 88/S-2003-2, which is maintained by the City and incorporated herein by reference, along with the evidence and testimony at said hearings; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the City Council recognizes the need and desirability to provide specific guidance for implementation of the General Plan; and WHEREAS, the action hereby taken is found to be essential for the preservation of the 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 introduced in the staff report and public hearing support the following findings: FINDINGS FOR APPROVAL OF THE SPECIFIC PLAN AMENDMENT 1. The proposed plan is consistent with General Plan policies which encourage a higher rate of home ownership, production of new housing, and high quality development. 2. That the project is consistent with the RM-1-PUD Multi -Family Residential - Planned Unit Development General Plan/zoning designation of the site, since the project provides for detached for -sale condominiums at a density of 8.1 units per acre in an area where a density of up to 23 units per acre is permitted. Resolution No. 2003 — 97 July 1, 2003 Page Three FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan and applicable Specific Plan as amended, since it provides for opportunities for home ownership and a mix of housing types compatible with adjacent residential neighborhoods and complies with the RM-1-PUD Multi -Family Residential - Planned Unit Development General Plan/zoning designation of the site by providing for detached for -sale condominiums at a density of 8.1 units per acre in an area where a density of up to 23 units per acre is. permitted. 2. The site is physically suitable for the proposed type of development, since it is in a residential area and contains gently sloping areas that can accommodate the proposed units. 3. The site is physically suitable for the proposed density of development, since the 14.8-acre site can accommodate pads for the proposed 120 units at a density of 8.1 units per acre while preserving biologically sensitive areas. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. Resolution No. 2003 — 97 July 1, 2003 Page Four 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. BE IT FURTHER RESOLVED that the City Council has considered the Final Environmental Impact Report and Addenda (IS-88-55) and finds that the project will have significant impacts on the environment, and that changes or alterations required in or incorporated into the project avoid or substantially lessen the significant effects. Based on the Final EIR, Addenda, and .explanation of findings incorporated in the City Council Resolution certifying the Final EIR, the City Council further finds the following: 1. That Mitigation Measures required by EIR No. IS-88-55 are incorporated into the proposed project or conditions of approval. 2. That changes to the EIR made in the Addendum do not raise important new issues about the significant effects on the environment. 3. That previously certified EIR No. IS-88-55 adequately addresses the project, since no new significant environmental impacts result from changes in the project or its environment. 4. That the significant impact on visual quality created by rows of two- story units facing single-family residences to the east is avoided by the changes incorporated in the project to include detached rather than attached units. 5. That the significant impact on transportation created by the alignment of the new driveway in conflict with traffic from Fairlomas Way across Sweetwater Road is avoided by changes in the project which relocate the driveway further away from Fairlomas Way so that conflicting travel paths are no longer present. 6. That the significant impact on school facilities created by the presence of additional residences and students is substantially lessened by the payment of development/school fees required for the project. Resolution No. 2003 — 97 July 1, 2003 Page Five 7. That the cumulative significant impact on air quality created by the project is avoided by the availability of alternate methods of transportation as explained in the Draft EIR and is further lessened by changes in the project which reduce the number of units and therefore vehicle trips. 8. That the significant impact on paleontology created by project grading is avoided by the requirement that a qualified paleontologist be retained to monitor site grading. 9. That the significant impact of noise is avoided by changes in the project to include noise walls, and the requirement that the project be constructed such that all units with a direct line -of -sight to Sweetwater Road utilize specific design and construction techniques specified in the EIR, with the adequacy of these techniques be further confirmed by future acoustical study. NOW, THEREFORE, the City Council adopts Specific Plan Amendment M2-SP-1-88 and approves tentative subdivision map S-2003-2 for 120 detached condominium units on the south side of Sweetwater Road east of Plaza Bonita, subject to the following conditions: 1. This Amended Specific Plan and Tentative Subdivision Map authorize a subdivision for 120 detached condominium units. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, 2nd Revision, case file no. S-2003-2/M2-SP-1-88, dated 5/9/2003; and Exhibits B Revised and C Revised, case file no. S-2003-2/M2-SP-1-88, dated 4/24/2003. 2. The approved Specific Plan shall supersede the requirement of the PUD designation for a Planned Unit Development permit. 3. The site shall be developed as a single project. Phasing for the project may be permitted if approved by the Planning Director. 4. Noise walls and retaining walls to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. A hydrology study (100 year flood) shall be submitted for the review and approval of the Engineering Department. The study shall consider the area from the project area to the closest municipal storm drain Resolution No. 2003 — 97 July 1, 2003 Page Six collection pipe inlet. The study shall consider the adequacy of the existing system to convey any additional runoff. All hydrology study findings and recommendations shall be part of the Engineering Department requirements. 6. A grading plan shall be submitted for review and approval by the Engineering Department showing all of the proposed and existing on - and off -site improvements. The plan shall be prepared by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, • including sampling, monitoring, and cleaning of private catch basins shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 7. Separate street and sewer improvement plans prepared by a Registered Civil Engineer showing all of the existing and proposed improvements shall be submitted for review and approval by the Engineering Department. The plans shall be in accordance with City requirements. 8. All surface runoff shall be collected by approved drainage facilities and directed to the natural waterway, a curb outlet, or directed to the street by sidewalk underdrains. Adjacent properties shall be protected from surface runoff resulting from this development. 9. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or streets. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or its successors or assigns shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the Director of Public Works/Engineering. Resolution No. 2003 — 97 July 1, 2003 Page Seven 10. Metallic identification tape shall be placed between the bottom layer of the finished surface and the top of all irrigation lines in the public right- of-way. 11. The soils report findings and recommendations shall be part of the Engineering Department requirements. At a minimum, the parking lot sections shall be 2 inches of A.C. over 4 inches Class II aggregate base. The Street pavement sections shall be in accordance with National City modified Standard Drawing G-24. 12. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading plan. Any new sewer lateral in the City shall be 6-inch in size with a clean out. 13. A 20-foot street right-of-way shall be dedicated to the City along Sweetwater Road. 14. Two new street lights are required along Sweetwater Road next to the proposed driveways. The streetlights shall be per City standards. The feasibility and electrical energy availability of the street lights shall be verified with the Public Works Department prior to their final approval and installation. 15. The existing and proposed curb inlet on the property shall be provided with a "No Dumping" tile in accordance with the NPDES program. 16. The driveways on Sweetwater Road shall be alley entrance type driveways with pedestrian ramps. The existing traffic study recommendations by Urban Systems Associates dated October 30, 2001 shall be implemented. 17. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way and the grading construction on private property. 18. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, landscaping, and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit will be subject to adjustment. 19 Street improvements shall be constructed in accordance with'the City standards. All missing street improvements, including approximately 1200 linear feet of sidewalks, curbs, gutters, and street, shall be constructed. Resolution No. 2003 — 97 July 1, 2003 Page Eight 20. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharges of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the National City Engineering Department prior to any work beginning on the project. 21. The final map shall meet all of the requirements of the Subdivision Map Act and the National City Municipal Code including certification, acknowledgment, complete boundary information and monumentation. 22. The subdivider shall submit an approval letter from Sweetwater Authority stating that fire flow requirements have been met. 23. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 24. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 25. The final map shall be recorded prior to the issuance of any building permit. 26. All new property line survey monuments shall be set on private property, unless otherwise approved. 27. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 28. A Private Storm Water Treatment Maintenance Agreement must be signed by the owner. 29. A triple box culvert shall be installed along Sweetwater Road as required by the City Engineer. Plans for the culvert shall be submitted to the Engineering Department for review and approval. 30. A new fire hydrant shall be installed near the east turn toward the exit gates to satisfy Fire Department requirements. Resolution No. 2003 — 97 July 1, 2003 Page Nine 31. A Knox Box for Fire Department access shall be installed at the front gate. 32. A rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 33. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 34. The subdivision map shall be submitted to the County Department of Health Services for review. Documentation shall be provided indicating no adverse effect on adjacent, subsurface sewage disposal systems. The subdivider shall provide for sewer connections to the adjacent lots if determined necessary by the City Engineer and the County Department of Health Services. 35. The potentially significant effects to fossil remains from the site grading shall be mitigated by the retention of a qualified paleontologist to monitor grading operations and carry out an appropriate mitigation program as described in the EIR (IS-88-55). 36. The following measures are required to mitigate noise impacts: a. All units with a direct line -of -sight to Sweetwater Road shall be air-conditioned.' b. All windows and doors shall be constructed such that there is sufficient insulation as to prevent any acoustical leakage around framed, doorjambs, and the like. c. No vents or similar appurtenances shall be oriented such that they have a direct line of sight to Sweetwater Road. d. Prior to issuance of building permits, a specific interior acoustical study to verify compliance with Title 24 shall be completed. e. Prior to issuance of grading permits an additional acoustical study shall be performed to assure that all exterior use areas are not subject to adverse noise levels. f. Noise walls shall be constructed as shown on the noise study dated April 25, 2003 and accompanying plans. 37. To mitigate potential biological impacts, the onsite enhancement of existing wetlands at a 3:1 ratio is required, at a minimum, to mitigate the loss of jurisdictional wetlands. The enhancement shall consist of G Resolution No. 2003 — 97 July 1, 2003 Page Ten the removal of noxious weed species and planting of suitable native wetland species. Any additional mitigation requirements of the State and Federal Resource Agencies shall also be carried out. 38. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. Landscaping in the public right-of-way shall be installed in conjunction with the installation of public improvements, and landscaping and irrigation for cut and fill slopes shall be installed at the time of grading. 39. All retaining walls shall be a Keystone or other decorative type retaining wall subject to the review and approval of the Planning Director. Retaining walls greater than four feet in height shall be planted with vines or other vegetation. 40. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of streets, parking areas, driveways, walks, buildings, utilities, recreational facilities and open spaces prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not . the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 41. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. Resolution No. 2003 — 97 July 1, 2003 Page Eleven 42. Approval of the tentative map expires two (2) years after adoption of • the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by Section 66452.6 (e) of the California Government Code. BE IT FURTHER RESOLVED that copies of this Resolution 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 1st day of July, 2003. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR MITIGATION MONITORING PROGRAM Case File No.: Reference Files: Project Description: Applicant: IS-88-55 M2-SP-1-88/S-2003-2 Subdivision for 174 condominiums and one single-family home on the south side of Sweetwater Road east of the Plaza Bonita shopping center and 100 feet west of Calmoor Street Whitaker Investment Corp. ****************************************************************************** 1. To mitigate potential transportation impacts, the west project driveway shall be constructed at a safe distance from Fairlomas Way in conformance with Exhibit A, 2nd Revision, case file no. S-2003-2/M2-SP-1-88 dated 5/9/2003. Plans submitted for street improvements shall show compliance with this requirement. Prior to issuance of certificates of occupancy for the project, the applicant shall submit evidence to the Planning Department that the west driveway has been constructed in compliance with this requirement. 2. To mitigate potential school facilities impacts, the applicant shall submit evidence to the Planning Department that school fees have been paid prior to the issuance of any building permits for the project. 3. To mitigate potential air quality impacts, prior to the issuance of certificates of occupancy the applicant shall submit evidence to the Planning Department that all necessary street improvements have been constructed or bonded for as required by the Specific Plan 4. To mitigate potential paleontology impacts, the applicant shall retain a qualified paleontologist. The paleontologist shall be present at pre -grade meetings and monitor site grading. The paleontologist shall be responsible for recovering and cataloguing any discovered fossils. Prior to issuance of grading permits, the applicant shall provide evidence to the Planning Department that a paleontologist has been retained and will be present for site grading. Within 30 days of the completion of site grading, the applicant shall submit a final paleontology summary report to the Planning Department. 5. The mitigate potential noise impacts, the following measures shall be carried out: a. Plans submitted for building permits shall indicate that all units with a direct line -of -sight to Sweetwater Road will be air conditioned. Prior to issuance Recycled Paper of certificates of occupancy for these units, the applicant shall submit evidence to the Planning Department that buildings have been constructed in compliance with this requirement. b. All windows and doors shall be constructed such that there is sufficient insulation as to prevent any acoustical leakage around frames, doorjambs, and the like. Prior to issuance of certificates of occupancy, the applicant shall submit evidence to the Planning Department that buildings have been constructed in compliance with this requirement. c. Plans submitted for building permits shall indicate that no vents or similar appurtenances shall be oriented such that they have a direct line of sight to Sweetwater Road. Prior to issuance of certificates of occupancy, the applicant shall submit evidence to the Planning Department that buildings have been constructed in compliance with this requirement. d. Prior to issuance of building permits, the applicant shall submit to the Planning Department a specific interior acoustical study to verify compliance with Title 24. e. Prior to issuance of grading permits, the applicant shall submit to the Planning Department an additional acoustical study to assure that all exterior use areas are not subject to adverse noise levels. f. Prior to issuance of certificates of occupancy, the applicant shall submit evidence to the Planning Department that noise walls have been constructed in compliance as shown on the noise study dated April 25, 2003 and accompanying plans. 6. To mitigate potential biology impacts, the applicant shall include the onsite enhancement of existing wetlands at a minimum 3.1 ratio to mitigate the loss of jurisdictional wetlands as part of the landscape, plans. The enhancement shall consist of the removal of noxious weed species and planting of suitable native wetland species. Prior to issuance of grading and building permits for the property, the applicant shall submit evidence to the Planning Department that any additional mitigation requirements of the State and Federal Resource Agencies have been carried out or incorporated into the project. 7. All future permits for the site shall be reviewed for conformance with the Subdivision and Specific Plan to verify compliance with the conditions described above. City of National City, California COUNCIL AGENDA. STATEMENT IEETING DATE July 1, 2003 ITEM TITLE WARRANT REGISTER #50 PREPARED BY R. Palazo EXPLANATION DEPARTMENT AGENDA ITEM NO. 11 Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #50 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 334,628.33 Approved B Finance Dire t.r Account No. BOARD / COMMISSIO RECOMMENDATION ATTACHMENTS £ istsd Below 1. Warrant Register #50 2. Workers Comp Warrant Register dated 06/11/03 Resolution Plo. A- 200 (9.99) City of National City, California COUNCIL AGENDA STATEMENT 1EETING DATE July 01, 2003 AGENDA ITEM NO. 12 ("ITEM TITLE WARRANT REGISTER #51 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #51 per Government Section Code 37208. Environmental Review NIA Financial Statement Approved Not applicable. enance LNre Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,515,635.55. BOARD I COMMISSIO ECOM ENATION ATTACHMENTS ( Listed t3elow f 1. Warrant Register #51 2. Workers Comp Warrant Register dated 06/18/03 3. Payroll Warrant Register dated 06/18/03 Resolution No. A-200 (9,99) .EETING DATE July 1, 2003 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 13 ITEM TITLE CLAIM FOR DAMAGES: Lonn G. Scarfia PREPARED BY Michael R. Dalla, CMARTMENT City Clerk EXPLANATION The claim of Lonn G. Scarfia arises from an occurrence on March 7, 2003 and was filed with the City Clerk's Office on May 30, 2003 Environmental Review N/A Financial Statement N/A STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. L LBOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) N/A Approved By: Finance Director Account No. Resolution Noe A•200 l9 99) City of National City, California COUNCIL AGENDA STATEMENT 4EETING DATE JULY 1, 2003 AGENDA ITEM NO. 14 ITEM TITLE EXTENSION OF EXISTING AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE METROPOLITAN TRANSIT DEVELOPMENT BOARD (MTDB) ALLOWING MTDB TO REGULATE PARA TRANSIT VEHICLES (TAXICABS, ETC.) OPERATING IN THE CITY OF NATIONAL CITY. PREPARED BY LT. RAY ALLEN Ext. 4514 EXPLANATION DEPARTMENT POLICE In July, 1998, the City extended for five (5) years an agreement with the MTDB allowing MTDB to regulate para transit vehicles operating in the City. The agreement expires June 30, 2003. A new contract for an additional five years was originally on the council agenda for the May 6, 2003 meeting and taken off of the agenda because of questions about the contract. The agreement attached to this Council Agenda Statement is an extension of the existing agreement for 90 days, July, 1, 2003 through September 30, 2003. This extension of the existing agreement will allow MTDB to regulate and license the para transit vehicles operating in the City of National City until all concerns are addressed. With approval of this extension of the existing agreement, MTDB continues the licensing and regulation duties at no cost to the City. Advantages of contracting with the MTDB for this service include: 1) Reduce potential City Liability; 2) Schedules inspections of vehicles by trained mechanics; 3) Proactive enforcement of rules and regulations pertaining to rates, operation of vehicles, licensing, proper equipment, etc. by trained MTDB employees; 4) A system to handle passenger complaints; and 5) A set of administrative appeals procedures. The cities of El Cajon, Imperial Beach, Lemon Grove, Poway, San Diego, and Santee also have agreements with MTDB for the same services. Environmental Review Financial Statement No Financial Impact STAFF RECO ENDATIO X N/A Account No. Authorize the City Manager to approve contract for 90 days, July 1, 2003 through September 30, 2003. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below j Resolution No. 2003-98 I) A San Diego Metropolitan Transit Development Board "Extension of Existing Agreement With MTDB To Regulate Taxicabs And Other For -Hire Vehicles Within The City of National City. A 200 (9/80) RESOLUTION NO. 2003 — 98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN EXTENSION OF TO AGREEMENT FOR ADMINISTRATION OF TAXICAB AND OTHER FOR -HIRE VEHICLE REGULATIONS WHEREAS, the. San Diego Metropolitan Development Board ("MTDB") is authorized under Section 120266, Chapter 2, Division 11 of the California Public Utilities Code ("PUC") to enter into contracts to regulate transportation services within a city in its area of jurisdiction; and WHEREAS, the City of National City is within MTDB's jurisdiction; and WHEREAS, the City desires that MTDB regulate such vehicles and services pursuant to PUC Section 120266 in accordance with MTDB's uniform ordinance and implementing policies and regulations; and WHEREAS, the City and MTDB entered into an agreement to authorize MTDB to regulate taxicab, jitney, charter, nonemergency medical, and sightseeing vehicles for the period from July 1, 1991 through June 30, 1995; and extended the agreement for the period from July 1, 1995 through June 30, 1998; and from July 1, 1998 through June 30, 2003; and WHEREAS, City and MTDB desire to now enter into an agreement to extend the period through September 30, 2003. NOW THEREFORE BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Extension of Agreement for Administration of Taxicab and Other For -Hire Vehicle Regulations with the San Diego Metropolitan Transit Development Board. Said Third Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of July, 2003. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III City Attorney MetropolitanTransit Development Board 1255 Imperial Avenue, Suite 1000 San Diego, CA 92101-7490 (619) 231-1466 FAX (619) 234-3407 June 23, 2003 Mr. Tom McCabe City Manager City of National City 1243 National City Boulevard National City, CA 91950 Dear Mr. McCabe: ADM 121, TAXI 590.8 (PC 30110) Subject: EXTENSION OF EXISTING AGREEMENT WITH MTDB TO REGULATE TAXICABS AND OTHER FOR -HIRE VEHICLES WITHIN THE CITY OF NATIONAL CITY We propose to continue MTDB's services related to regulation of National City's taxicab, charter, jitney, nonemergency medical, and sightseeing vehicles. Accordingly, per your request, we agree to temporarily extend the current agreement for 90 days, from July 1, 2003, through September 30, 2003. On July 1, 1991, the City of National City and MTDB first entered into an agreement authorizing MTDB to regulate taxicabs and other for -hire vehicles within the City of National City. The current agreement will expire on June 30, 2003. I have designated Regulatory Specialist Irma Carrillo -Morales as our contact person. Please telephone her at 619.595.7039 if you have any questions or need assistance concerning extending this agreement. Upon city approval and execution of the enclosed extension agreement, please return the copy stamped "original" to Jeanne Yamamoto at MTDB. Sincerely, Thomas F. Larwin General Manager SChamp/CITY RENEWALS/L-EXTEND.NATLCITY.ICARRI Enclosure: Proposed Extension of Current Agreement cc: Irma Carrillo -Morales Lt. Roy Allen, National City Police Department Member Agencies: City of Chula Vista, City of Coronado, City of El Cajon, City of Imperial Beach, City of La Mesa, City of Lemon Grove, City of National City, City of Poway, City of San Diego, City of Santee, County of San Diego, State of California (�� Metropolitan Transit Development Board is Coordinator of the Metropolitan Transit System and the l�l Taxicab Administration Subsidiary Corporations: [)San Diego Transit Corporation, San Diego Trolley, Inc., and I 'San Diego & Arizona Eastern Railway Company For personal trip planning or route information, call 1-800-COMMUTE or visit our web site at sdcommute.com! ORIGINAL MTDB Doc. No. T0095.3-92 TAXI 590.8 (PC 30110) EXTENSION OF CURRENT AGREEMENT FOR ADMINISTRATION OF TAXICAB AND OTHER FOR -HIRE VEHICLE REGULATIONS THIS AGREEMENT is entered into by and between the City of National City, a municipal corporation (herein called "City"), and the San Diego Metropolitan Transit Development Board, a public agency (herein called "MTDB"), for a period of 90 days from July 1, 2003, through September 30, 2003. WHEREAS, MTDB is authorized under Section 120266, Chapter 2, Division 11 of the California Public Utilities Code (PUC) to enter into contracts to regulate transportation services within a city in its area of jurisdiction; and WHEREAS, the City is within MTDB's jurisdiction; and WHEREAS, the City desires that MTDB regulate such vehicles and services pursuant to PUC Section 120266 in accordance with MTDB's uniform ordinance and implementing policies and regulations; and WHEREAS, the City and MTDB entered into an agreement to authorize MTDB to regulate taxicab, jitney, charter, nonemergency medical, and sightseeing vehicles for the period from July 1, 1991 through June 30, 1995; and on May 23, 1995, extended the agreement for the period from July 1, 1995 through June 30, 1998; and from July 1, 1998 through June 30, 2003; and WHEREAS, City and MTDB desire to temporarily extend the current agreement for a period of 90 days, through September 30, 2003. NOW THEREFORE, in consideration of the above, City and MTDB agree as follows: 1. MTDB will adopt, administer, and enforce its taxicab and other for -hire vehicles ordinance, policies, and regulations as in effect on July 1, 2003, and as thereafter from time to time amended by MTDB, and thereby regulate such vehicles and transportation services rendered wholly within City's corporate limits during the period ending September 30, 2003, pursuant to PUC Section 120266. 2. MTDB will collect and administer all such regulatory fees, fines, and forfeitures as now or hereafter provided by MTDB taxicab and other for -hire vehicles Ordinance No. 11 policies, and regulations. 3. The City Manager and MTDB General Manager may supplement this agreement by executing a Memorandum of Understanding relative to administrative and operating procedures of taxicab and other for -hire vehicles regulation and to provide for reimbursable staff and legal support services. IN WITNESS THEREOF, this extension to the agreement is executed by City acting by and through its City Manager pursuant to Council Resolution No. and by MTDB acting through its General Manager. Dated this day of 2003. CITY OF NATIONAL CITY SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD Tom McCabe City Manager Thomas F. Larwin General Manager WE HEREBY APPROVE the form and legality of the foregoing Agreement. City Attorney Office of the e I Counsel Date: Date: (o • 21-1 •03 SChamp/CITYRENEWAL EXTEND.NATLCITY.ICARRI 6/23/03 City of National City, California COUNCIL AGENDA STATEMENT iETING DATE July 1, 2003 AGENDA ITEM NO. 15 ITEM TITLE AN ORDINANCE TO ESTABLISH A SEWER RATE CHANGE IN EACH OF THE NEXT THREE FISCAL YEARS 2004, 2005, 2006 PREPARED BY Stephen Kirkpatrick DEPARTMENT Public Works/Engineering 336-4580 EXPLANATION See attached explanation. Environmental Review x N/A Financial Statement Approved By; The burden of the increased rates will fall on all the sewer service recipients. Finance Director STAFF RECOMMENDATION Adopt the Ordinance establishing th rates. BOARD / CO ISSION ECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Exhibit A - Proposed Sewer Rates 2. Exhibit B — Rate Comparison Table Account No. Resolution No, A-200 (9;99) Explanation: The cost of wastewater collection, transportation and treatment has increased dramatically. Wastewater rates charged to residents and businesses must be increased to keep up with the rising costs. Wastewater rates are proposed to increase over the next three years. The proposed increases are shown in Exhibit A. The current rates generate approximately $4.9M annually. The rates as proposed will generate approximately $6.1M in FY 2004, approximately $7.0M in FY 2005, and approximately $7.7 M in FY 2006. In FY 2004, the cost of providing wastewater service will total approximately $6..8M, and increase each of the next two years. It will be necessary to augment the wastewater budget in FY 2004 with approximately $700,000 from the Wastewater Rate Stabilization Reserve to cover the cost of wastewater collection, transportation, and treatment. Approximately $540,000 of those funds will be recovered over thenext two fiscal years. Three major factors play a role in the increase in costs that we are experiencing here in National City. They are: 1. The increased amount being charged by San Diego for wastewater treatment. 2. The increased wastewater flow being generated by National City - primarily due to San Diego installing additional and more accurate flow meters. 3. The requirements of the State issued NPDES stormwater pollution prevention permit. All National City's sewage is transported to Point Loma for treatment. The amount being charged by San Diego has increased significantly over th.e last few years and the increases are projected to continue. The Metro Wastewater Joint Power Authority, of which National City is a member, hired an independent auditor to review the costs being passed on the member agencies. Without exception the auditor concurred with the validity of the costs. All the sewage that is collected by National City is metered by San Diego as it enters their system on the way to Point Loma for treatment. For the last couple of years San Diego has been upgrading all their flow meters. The result for National City has been a significant increase in the flow and consequent charges for treatment. In fact, the increase was so significant that we contracted with an independent firm to temporarily install flow meters in series with the San Diego meters to assess the accuracy of San Diego's new meters. Daily flow was measured by National City's and San Diego's meters for several months then compared. The results showed that San Diego's new meters were accurate and the City will be charged more for treatment as a result. Finally, National City operates and maintains its storm drain system in accordance with the requirements of the California Water Quality Control Board's NPDES permit. This permit has completely changed the way storm drain systems are operated. In the past the storm drain system was primarily operated and maintained with the goal of eliminating flooding of private property in the event of storms, and somewhat ignored at all other times. Now water quality is a major factor to consider in the operation of the system. As you know the storm drain system transports more than actual storm water. Significant demands are placed upon the City's storm water system by improved properties within the City which are served by the City's sewer system. The California Water Quality Control Board has issued the NPDES permit that very prescriptively describes things the City must do to reduce or eliminate the amount of urban run-off pollution that enters as is carried through the system. These new requirements are very costly. Like many other cities that are subject to the permit, it is proposed that the wastewater fund be used to pay a portion of the costs. Exhibit B is included so that Council can see how the proposed wastewater rates compare with rates that other Metro member agencies in the region are charging. Exhibit B shows the rates being charged for single family service. National City charges a flat rate to residential users, as opposed to a water consumption based rate as is charged Commercial users. This residential billing practice is common when water and sewer are provided by different agencies. Exhibit B lists Agencies that likewise charge a flat rate for residential users, and converts data from Agencies that do not charge a flat rate to an average monthly rate so a comparison is possible. Earlier in the report it was stated that the Rate Stabilization Fund would need to augment next years wastewater budget by approximately $700,000, then recover a total of approximately $540,000 over the following two years. Currently there is approximately $3.0M in the Rate Stabilization Fund. The reason we are proposing the recover of the $540,000 is so the Rate Stabilization Fund maintains a balance of almost $2.9M, as it may be necessary to cover the bad debt that has already accrued. The rates assume that the Rate Stabilization Fund will be expended to cover the bad debt. When the rates are again reviewed for 2006 we will be able to determine how any remaining Rate Stabilization Fund balance be utilized if the collection efforts are positive. ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING SEWER SERVICE CHARGES FOR FISCAL YEARS 2003-04, 2004 -05, AND 2005-06 WHEREAS, the cost of wastewater collection, transportation and treatment has increased dramatically, and as a result, it is necessary that rates charged to businesses and residents be increased over the next three years; and WHEREAS, sewer service charges are imposed by the National City Municipal Code upon any parcel which utilizes the City's sewer system; and WHEREAS, the cost of implementing the National Pollution Discharge Elimination System ("NPDES") provisions of the federal Clean Water Act are significant due to the increased demands placed upon the City's storm water system by improved properties within the City which are served by the City's sewer system; and NOW, THEREFORE, BE IT ORDAINED that in order to offset the costs of wastewater collection, transportation and treatment, and of compliance with NPDES requirements for properties served by the City's sewer system, the City Council of the City of National City does hereby approve and adopt the sewer service charges for fiscal years 2003-04, 2004-05, 2005-06 as set forth in the attached Exhibit "A", which is incorporated herein by reference, effective as of August 15, 2003. BE IT FURTHER ORDAINED that the City Council hereby declares that should any section, portion or provision of this ordinance or exhibit thereto be determined for any reason to be invalid, it is the intent of the City Council that it would have 'passed all other sections, portions and provisions of this ordinance independent of the elimination herefrom of any such section, portion or provision as may be declared invalid. It is further the intent of the City Council that if any section, portion or provision declared invalid can be severed from the remainder, or be construed in such a manner as to give valid meaning and effect to the remaining sections, portions or provisions, then it may be so severed or construed so as to carry out the purpose and intent of this ordinance. + + + Signature Page to Follow + + + Ordinance No. 2003 — Page Two PASSED AND ADOPTED this day of , 2003. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Nick lnzunza, Mayor ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING SEWER SERVICE CHARGES FOR FISCAL YEARS 2003-04, 2004 -05, AND 2005-06 WHEREAS, the cost of wastewater collection, transportation and treatment has increased dramatically, and as a result, it is necessary that rates charged to businesses and residents be increased over the next three years; and WHEREAS, sewer service charges are imposed by the National City Municipal Code upon any parcel which utilizes the City's sewer system; and WHEREAS, the cost of implementing the National Pollution Discharge Elimination System ("NPDES") provisions of the federal Clean Water Act are significant due to the increased demands placed upon the City's storm water system by improved properties within the City which are served by the City's sewer system; and NOW, THEREFORE, BE IT ORDAINED that in order to offset the costs of wastewater collection, transportation and treatment, and of compliance with NPDES requirements for properties served by the City's sewer system, the City Council of the City of National City does hereby approve and adopt the sewer service charges for fiscal years 2003-04, 2004-05, 2005-06 as set forth in the attached Exhibit "A", which is incorporated herein by reference, effective as of August 15, 2003. BE IT FURTHER ORDAINED that the City Council hereby declares that should any section, portion or provision of this ordinance or exhibit thereto be determined for any reason to be invalid, it is the intent of the City Council that it would have passed all other sections, portions and provisions of this ordinance independent of the elimination herefrom of any such section, portion or provision as may be declared invalid. It is further the intent of the City Council that if any section, portion or provision declared invalid can be severed from the remainder, or be construed in such a manner as to give valid meaning and effect to the remaining sections, portions or provisions, then it may be so severed or construed so as to carry out the purpose and intent of this ordinance. + + + Signature Page to Follow + + + Ordinance No. 2003 — Page Two PASSED AND ADOPTED this day of , 2003. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Nick Inzunza, Mayor ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING SEWER SERVICE CHARGES FOR FISCAL YEARS 2003-04, 2004 -05, AND 2005-06 WHEREAS, the cost of wastewater collection, transportation and treatment has increased dramatically, and as a result, it is necessary that rates charged to businesses and residents be increased over the next three years; and WHEREAS, sewer service charges are imposed by the National City Municipal Code upon any parcel which utilizes the City's sewer system; and WHEREAS, the cost of implementing the National Pollution Discharge Elimination System ("NPDES") provisions of the federal Clean Water Act are significant due to the increased demands placed upon the City's storm water system by improved properties within the City which are served by the City's sewer system; and NOW, THEREFORE, BE IT ORDAINED that in order to offset the costs of wastewater collection, transportation and treatment, and of compliance with NPDES requirements for properties served by the City's sewer system, the City Council of the City of National City does hereby approve and adopt the sewer service charges for fiscal years 2003-04, 2004-05, 2005-06 as set forth in the attached Exhibit "A", which is incorporated herein by reference, effective as of August 15, 2003. BE IT FURTHER ORDAINED that the City Council hereby declares that should any section, portion or provision of this ordinance or exhibit thereto be determined for any reason to be invalid, it is the intent of the City Council that it would have passed all other sections, portions and provisions of this ordinance independent of the elimination herefrom of any such section, portion or provision as may be declared invalid. It is further the intent of the City Council that if any section, portion or provision declared invalid can be severed from the remainder, or be construed in such a manner as to give valid meaning and effect to the remaining sections, portions or provisions, then it may be so severed or construed so as to carry out the purpose and intent of this ordinance. + + + Signature Page to Follow + + + Ordinance No. 2003 — Page Two PASSED AND ADOPTED this day of , 2003. ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Nick lnzunza, Mayor ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING SEWER SERVICE CHARGES FOR FISCAL YEARS 2003-04, 2004 -05, AND 2005-06 WHEREAS, the cost of wastewater collection, transportation and treatment has increased dramatically, and as a result, it is necessary that rates charged to businesses and residents be increased over the next three years; and WHEREAS, sewer service charges are imposed by the National City Municipal Code upon any parcel which utilizes the City's sewer system; and WHEREAS, the cost of implementing the National Pollution Discharge Elimination System ("NPDES") provisions of the federal Clean Water Act are significant due to the increased demands placed upon the City's storm water system by improved properties within the City which are served by the City's sewer system; and NOW, THEREFORE, BE IT ORDAINED that in order to offset the costs of wastewater collection, transportation and treatment, and of compliance with NPDES requirements for properties served by the City's sewer system, the City Council of the City of National City does hereby approve and adopt the sewer service charges for fiscal years 2003-04, 2004-05, 2005-06 as set forth in the attached Exhibit "A", which is incorporated herein by reference, effective as of August 15, 2003. BE IT FURTHER ORDAINED that the City Council hereby declares that should any section, portion or provision of this ordinance or exhibit thereto be determined for any reason to be invalid, it is the intent of the City Council that it would have passed all other sections, portions and provisions of this ordinance independent of the elimination herefrom of any such section, portion or provision as may be declared invalid. It is further the intent of the City Council that if any section, portion or provision declared invalid can be severed from the remainder, or be construed in such a manner as to give valid meaning and effect to the remaining sections, portions or provisions, then it may be so severed or construed so as to carry out the purpose and intent of this ordinance. + + + Signature Page to Follow + + + Ordinance No. 2003 - Page Two PASSED AND ADOPTED this day of , 2003. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Nick lnzunza, Mayor ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING SEWER SERVICE CHARGES FOR FISCAL YEARS 2003-04, 2004 -05, AND 2005-06 WHEREAS, the cost of wastewater collection, transportation and treatment has increased dramatically, and as a result, it is necessary that rates charged to businesses and residents be increased over the next three years; and WHEREAS, sewer service charges are imposed by the National City Municipal Code upon any parcel which utilizes the City's sewer system; and WHEREAS, the cost of implementing the National Pollution Discharge Elimination System ("NPDES") provisions of the federal Clean Water Act are significant due to the increased demands placed upon the City's storm water system by improved properties within the City which are served by the City's sewer system; and NOW, THEREFORE, BE IT ORDAINED that in order to offset the costs of wastewater collection, transportation and treatment, and of compliance with NPDES requirements for properties served by the City's sewer system, the City Council of the City of National City does hereby approve and adopt the sewer service charges for fiscal years 2003-04, 2004-05, 2005-06 as set forth in the attached Exhibit "A", which is incorporated herein by reference, effective as of August 15, 2003. BE IT FURTHER ORDAINED that the City Council hereby declares that should any section, portion or provision of this ordinance or exhibit thereto be determined for any reason to be invalid, it is the intent of the City Council that it would have passed all other sections, portions and provisions of this ordinance independent of the elimination herefrom of any such section, portion or provision as may be declared invalid. It is further the intent of the City Council that if any section, portion or provision declared invalid can be severed from the remainder, or be construed in such a manner as to give valid meaning and effect to the remaining sections, portions or provisions, then it may be so severed or construed so as to carry out the purpose and intent of this ordinance. + + + Signature Page to Follow + + + Ordinance No. 2003 - Page Two PASSED AND ADOPTED this day of , 2003. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: J = George H. Eiser, Ill City Attorney Nick Inzunza, Mayor Exhibit A National City Proposed Wastewater Rates for FY 2004, 2005, and 2006 Residential Flat Rates (per month) Single Family Residence Multi -Family Residence Mobile Homes Commercial Variable Rates (per HCF) Suspended Solid Strength Category Commercial - Commercial - Commercial - Commercial - Commercial - Low Medium Low Medium Medium High High Suspended Solids Strength Range < 200 PPM 201 to 280 PPM 281 to 420 PPM 421 to 600 PPM > 600 PPM Current Rate Monthly $16.08. $15.00 $9.50 $2.41 $2.65 $3.36 $3.99 $5.19 03/04 Rate 04/05 Rate 05/06 Rate Monthly Monthly Monthly $22.08 $28.08 $32.08 $19.00 $23.00 $25.00 $13.50 $17.50 $19.50 $2.85 $3.09 $3.84 $4.60 $5.75 $2.89 $3.13 $3.90 $4.68 $5.86 $3.03 $3.28 $4.09 $4.90 $6.12 Exhibit B Comparison of Single Family Wastewater Rates for Metro Member Agencies 2000 2002 2003 2004 DEL MAR " $ 36.49 $ 51.65 $ 57.62 $ 59.50 CORONADO ** $ 31.64 $ 31.64 $ 31.64 $ 31.64 PADRE DAM " $ 29.45 $ 31.46 $ 32.69 $ 32.69 OTAY ** $ 28.95 $ 28.95 $ 28.95 $ 28.95 POWAY " $ 25.90 $ 30.10 $ 30.92 $ 30.92 ALPINE ** $ 24.25 $ 24.25 $ 24.25 $ 24.25 SPRING VALLEY ** $ 23.00 $ 23.00 $ 23.00 $ 23.00 LAKESIDE ** $ 22.08 $ 22.08 $ 22.08 $ 22.08 LA MESA " $ 21.25 $ 21.25 $ 28.70 $ 31.57 WINTERGARDENS ** $ 21.17 $ 21.17 $ 21.17 $ 21.17 CHULA VISTA " $ 20.06 $ 20.06 $ 19.00 $ 17.47 LEMON GROVE ** $ 17.08 $ 24.32 $ 30.03 $ 30.03 NATIONAL CITY ** $ 16.08 $ 16.08 $ 16.08 $ 22.08 SAN DIEGO " $ 28.38 $ 29.80 $ 41.31 $ 43.79 ** Flat Rate " Converted to Fiat Rate ,IEETING DATE July 1, 2003 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 16 /ITEM TITLE AN ORDINANCE AMENDING CHAPTER 13.12 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO ENCROACHMENT PERMITS FOR INSTALLATION, MAINTENANCE AND REMOVAL OF FACILITIES IN STREETS, RIGHTS -OF -WAY AND OTHER PUBLIC PROPERTY PREPARED BY EXPLANATION Rudolf Hradecky DEPARTMENT City Attorney Please see attached Staff Report. CEnvironmental Review X N/A Financial Statement There is no cost to the City. >STAFF RECOMMENDATION Adopt ordinance. Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS Q Listed Below I Resolution No, Proposed ordinance A-200 i9 99 STAFF REPORT ORDINANCE: AMENDING CHAPTER 13.12 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO ENCROACHMENT PERMITS FOR INSTALLATION, MAINTENANCE AND REMOVAL OF FACILITIES IN STREETS, RIGHTS -OF -WAY AND OTHER PUBLIC PROPERTY On January 9, 2001, the City Council adopted Ordinance No. 2001-2180, which amended Chapter 13.12 regarding excavation in the public rights -of -way " PRpW"). The Ordinance was designed to include a more generic process for dealing with all types of encroachments, and not just excavation in the public right- of-way. At the time, the City was also involved in negotiations with Global Crossings, a telecommunications company, to install conduit for fiber optics through the City right-of-way. The ordinance amendment gave the City Engineer more flexibility and authority to coordinate the activities of various entities and public utilities that excavate and maintain encroachments in the right-of-way. Staff completed a review of Ordinance 2001-2180 and is now recommending some additional revisions to clarify the earlier provisions, eliminate unnecessary language and provisions, and deal with some new issues that have emerged. Staff has met with or provided copies of the draft revisions to SDG&E, Cox Communications ("Cox"), Sweetwater Authority, Pacific Bell and counsel for Global Crossings. Comments of each were considered during the revision process. There has been no substantial disagreement with the proposed changes, except for an issue regarding lane width resurfacing of pavement that is less than three (3) years old, raised by SDG&E and Cox. Staff has resolved those issues with SDG&E. A number of editorial, non -substantive revisions are proposed throughout Chapter 13.12. The following revisions are more than editorial, however, and are highlighted: • 1. Reservation of rights by the City in Sections 13.12.010A and 13.12.030H to require payment of fair and reasonable compensation for the use of public streets, when allowable by law. (This will not affect existing franchises, except when they utilize their facilities to enter into the telecommunication field).' Cox expressed concerns about this provision, - which is allowed by the federal Telecommunications Act. However, this is merely a reservation of rights, rather than a specific charge or claim of entitlements. Staff Report Encroachment Permits 2. Restricts trench cuts into streets resurfaced within prior three (3) years, except for franchise work and emergency or new service. Will require a full lane overlay of one -inch (1 ") asphalt for the length of the cut in recently resurfaced streets, or slurry seal on those streets resealed with slurry. This provision will not prevent public utilities from excavating pursuant to their franchise, but will require resurfacing by them. Streets that were resurfaced more than three (3) years prior are not subject to this requirement, which is imposed for traffic safety. See Section 13.12.070A. Regardless, all cuts into street surfaces must be properly repaired and resurfaced, and follow-on repairs be made at all times. (Although some franchisees had generally objected to this requirement, staff concluded that it was a reasonable requirement based on safety concerns and was of a sufficiently de minimus nature, consistent with the duty to repair excavation damage). 3. Clarifies basis for revocation of an encroachment permit Adds "for cause" requirements, except when City is exercising its police power to install a public improvement (Section 13.12.080) or when an encroachment from private. property, is found to interfere with public safety or convenience. (Note: Utility companies are required by state law to relocate their facilities when necessary for installation of public works improvements). 4. Deletes former Section 13.12.090B relating to fees not provided for by the City's Fee Schedule and instead clarifies that the fees required for an encroachment permit are those established in the City Fee Schedule. (This revision was in response'to a concern by Cox). Also provides that fees will not be' charged by City for city initiated projects, such as relocations or removals, or undergrounding. 5. Amends Section 13.12.140 to delete an alternate procedure for appeals to be heard through an arbitration process, thereby maintaining the City Council's role in appeals set forth in Section 13.12.110. 6. Adds to former Section 13.12.140 an advisory regarding possessory Interest taxes that might become due by virtue of the grant of an encroachment pursuant to Revenue and Taxation Code, Section 107.6. For numbering continuity, the advisory replaces the alternative appeal procedure deleted as noted in paragraph 5 above. [Note: typically, encroachment permits have not been subject to possessory interest tax because they are more in the nature of a revocable license rather than an estate in land.] 2 Staff Report Encroachment Permits 7. Adds Section 13.12.150E to clarify the authority of the City Engineer to remove illegal encroachments and charge for expenses of removal. Effect on Existing Franchises: Both SDG&E and Cox had originally requested that they be exempt from Chapter 13.12. We could not concur. Instead, the editorial changes reflect the relationship of rights granted by franchise to the process for notification to and clearances by the City Engineer. Public Utilities Code Sections 7901 and 6294 state generally that franchise rights to use the PROW are subject to reasonable public safety regulation, notwithstanding the general grant of the right to install pipes, etc. in the streets. The' Engineering Department has to know when excavation work in the PROW is to occur, so as to coordinate and plan for traffic disruption. These revisions maintain that balance and structure, are consistent with existing franchises, and take into account all reasonable concerns expressed during the review process. 3 ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 13.12 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO ENCROACHMENT PERMITS FOR INSTALLATION, MAINTENANCE AND REMOVAL OF FACILITIES IN STREETS, RIGHTS -OF -WAY AND OTHER PUBLIC PROPERTY BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended by amending Chapter 13.12 as follows: Chapter 13.12 ENCROACHMENT PERMITS FOR INSTALLATION, MAINTENANCE AND REMOVAL OF FACILITIES IN STREETS, RIGHTS -OF -WAY AND OTHER PUBLIC PROPERTY Sections: Penalty insurance 13.12.010 Findings, purpose and intent 13.12.020 Definitions 13.12.030 Encroachment permits —Required 13.12.040 Encroachment permits —Bonds and insurance 13.12.050 Encroachment permits —Application 13.12.060 Encroachment permits —Authority and responsibility of city engineer 13.12.070 Resurfacing of streets 13.12.080 Encroachment permits —Revocation —Penalty for violation of terms 13.12.090 Encroachment permit fee 13.12.100 Nonexclusive use of right-of-way 13.12.110 Appeal 13.12.120. Assignment of enlargement of encroachment permits or facilities 13.12.130 Safeguarding of proprietary information 13.12.140 Possessory Interest Taxes 13.12.150 Violations and enforcement 13.12.010 Findings, purpose and intent. A. Private work in the public streets, rights -of -way and other public property is regulated through the encroachment permit process in order to protect the public safety and provide for the orderly administration and maintenance of public roadways and other public property for the benefit of the community. The encroachment permit is a process for clearance by the City to allow excavation work in public venues with minimum disruption to traffic or public safety. The process also applies to clearances for work to be performed under grants of franchise. Ordinance Amending Chapter 13.12 Page 2 of 10 B. It is the further intent of the city council to require public utility providers, other public and governmental agencies and private parties who are permitted to install facilities in the public streets and rights -of -way to restore the street surfaces in the interests of traffic safety and, where applicable and allowable by law, pay fair and reasonable compensation for the use of public property. C. It is the intent of the council to not require applicants for encroachment permits to disclose proprietary information or trade secrets applicable to their technology, systems or facilities, except to the extent reasonably necessary to evaluate the installation or operation of the facility in terms of its impact on public safety. D. Administration of this chapter shall be under the direction and control of the city manager, and as may be delegated to the city engineer under this chapter. 13.12.020 Definitions. Within this chapter, the following terms and expressions shall mean and be interpreted as follows: A. "Facility" means and includes, without limitation, any object, pole, light or signal standard, traffic or irrigation controller, standpipe, sign, pipe, conduit, cable, fiber optics, manhole, duct, tunnel, trench, utility cabinet or similar appurtenance. .B. "Person" means and includes any natural person, corporation, firm, agency, partnership, joint venture or association, and the singular and plural or the masculine or feminine gender. It also includes a public utility or a public or governmental agency. C. "Public right-of-way" means and includes any public street, alley, sidewalk, driveway, curb, pavement, gutter or parkway. D. "Improvement" means and includes any addition, alteration or modification to an existing facility. E. "Public property" includes land, easements and other interests in real property owned, leased by or otherwise belonging to the city, other than "public rights - of -way." F. "Applicant" and "permittee" means the person or entity that is to benefit from the facility and its installation, and can also include the contractor or entity doing the actual installation. It also includes, as applicable, an entity performing excavation and installation pursuant to a franchise. The term shall also include, without limitation, telecommunications providers subject to the Telecommunications Act of 1996, as amended and any other commercial entity that sells or provides services or facilities to the public or selected subscribers through installations utilizing public rights of way or public property. G. "Encroachment" means a facility or other physical object installed within, under, over, or upon the public right of way or public property. The term shall also include the line of sight aerial passage of a beam of light or laser through the airspace over such real property. It shall not include any wireless, microwave or radio transmission over such real property. H. "Encroach" refers to the act of installing or maintaining an "encroachment". It includes excavation. Ordinance Amending Chapter 13.12 Page 3 of 10 I. "Encroachment permit" refers 'to a permit or form of clearance issued by the city engineer for purposes of excavation, grading and placement of facilities in the public right of way or public property, or any combination thereof. 13.12.030 Encroachment permits —Required. A. Except as provided within a franchise or subsection F of this section, it is unlawful to construct, install, place, maintain or remove improvements or facilities, or to grade, excavate or encroach within, upon, under or over, any public right-of-way or public property of the city without a valid encroachment permit or clearance issued pursuant to this chapter. Notwithstanding, rights granted under a franchise shall be subject to the procedures specified in this chapter for the reasonable regulation and clearances applicable to the commencement of excavation or installation of facilities, or both, within the public rights of way and property. B. An encroachment permit allows only the designated 'permittee(s) and their authorized contractors to excavate, grade and install, maintain or remove approved facilities within the boundaries and under the terms and conditions specified in the encroachment permit. The permit may be for a specific duration or unlimited duration, conditional upon the removal or relocation of the facility when necessary for reasons of the public health, safety and welfare, or public convenience. No person or permittee, including a franchisee or licensee, shall assign or enlarge the scope of an approved encroachment permit or allow another person to install an additional facility within the permitted encroachment without the prior written authorization of the city engineer or, when applicable, the city manager or council, which authorization shall not be unreasonably withheld or denied. C. The city engineer shall require the benefiting entity or its duly authorized representative to apply for all requisite permits. Financial obligations imposed by this chapter shall relate primarily to and be the responsibility of the permittee who benefits from the installation of the facility. D. Issuance of an encroachment permit includes a condition that a permittee shall remove or relocate the permitted facility or encroachment at the permittee's sole expense when determined necessary by the city engineer under the exercise of the city's police power for the public health, safety and welfare or convenience. This shall include the right of the city to regrade or realign the streets or install its own facilities, and to require the permittee to remove or relocate its facility at the permittee's expense when necessary to accommodate the public facility or improvement. A permittee may be required to pay for the cost of relocating other previously permitted encroachments when necessary to accommodate its facility. E. The permittee, or its contractor on behalf of the permittee, shall obtain any business licenses and other permits or licenses, including construction permits, required by code, statute or regulation pertaining to the installation of the facility, and shall be responsible for complying with all other applicable provisions of law and this code, notwithstanding the issuance of an encroachment permit. Ordinance Amending Chapter 13.12 Page 4 of 10 F. Nothing in this chapter shall prevent excavation for emergency repairs to public utility service connections or other work that is necessary for the immediate protection of life or property, provided the entity first notifies the city engineer by telephone or other means reasonably calculated to promptly apprise the city engineer of the location and nature of the emergency and applies for a permit no later than the end of the third business day following the commencement of work. G. The city engineer shall have the authority to promulgate rules and regulations necessary to implement this chapter, and to negotiate and issue annual master encroachment permits to repetitive users with due allowance for the requirements of this chapter. A "repetitive user" shall refer to any public agency, public utility or other entity with a franchise or license from the city that contemplates repetitive facility installations in the public rights of way or public property. H. Except where an exemption pursuant to section 13.12.060G exists, the city reserves the right to charge applicants fair and reasonable compensation allowable by law for the use of public right of way or property for an encroachment or any future enlargement of an existing encroachment, in addition to all other fees and processing costs required under section 13.12.090. 13.12.040 Encroachment permits —Bonds and insurance. Proof of a performance bond and liability insurance shall be posted by the permittee for each individual or master encroachment permit issued to ensure timely completion of work and to cover damages caused by the work to public right-of-way and property. Comprehensive general liability insurance with a minimum of one million dollars combined single limit per occurrence coverage shall be maintained throughout the term of the permit, except that the city engineer may require a greater amount of insurance when justified by accepted risk management standards. Statutory liability provisions pertaining to permissibly self -insured entities and joint power agreements or similar agreements with the city meeting the requirements of this chapter respecting performance and maintenance criteria satisfy these requirements. 13.12.050 Encroachment permits —Application. Before an encroachment permit may be issued, the applicant must file a written application with the city engineer. The permit shall be subject to all provisions contained and approved within the application, the City of National City Standard Specifications, Regional and City Standard Drawings, Special Provisions, and Design Standards, and such other conditions as may be imposed by the city engineer based on accepted engineering practice as shall be necessary to protect the public health, welfare and safety. 13.12.060 Encroachment permits —Authority and responsibility of city engineer. A. The city engineer shall issue a permit to excavate or encroach upon, within or over the public right-of-way or other public property of the city only if an applicant for such a permit can demonstrate that: 1. There is a compelling need to use the public right-of-way or property for the applicant's proposed use; Ordinance Amending Chapter.13.12 Page 5 of 10 2. The issuance of a permit will not be detrimental to public safety or welfare, nor interfere with access required under the Americans with Disabilities Act (ADA); 3. The applicant can comply with all the terms, conditions, and restrictions incorporated in the permit and this ordinance; 4. The applicant has complied or will comply with all applicable state and federal laws, and has obtained other applicable permits and certifications required under state and federal law; and 5. The applicant has reviewed city and other public records pertaining to existing and proposed encroachments and has coordinated, to the maximum extent reasonably practicable, the details of its proposed facility installation with existing and previously approved proposed facilities and permittees. B. ' Except with respect to proprietary information regarding the technology of the facility to be installed, customer lists or financial information which could adversely affect an applicant's competitive advantage, the city engineer shall have the authority to require the applicant to disclose information deemed necessary to the city's decision making process in order to make suitable provisions in a reasonable manner regarding: 1. The applicant's proposed methods for installation of any lines, wires, cables, conduits, and other equipment in the right-of-way, and any pertinent technical details which are necessary to determine the impact upon public safety in the venue of installation; 2. The quantity and dimensions of applicant's proposed lines, wires, cables, conduits, and other equipment to be installed in the right-of-way; 3. The specific date(s) applicant proposes to install or begin using any lines, wires, cables, conduits, and other equipment in the right-of-way; 4. The location of all proposed installations, if known, by the applicant and all existing lines, wires, cables, conduits, and other equipment in the pertinent vicinity of the applicant's proposed installation in the city right-of-way; 5. The specific traffic safety and environmental measures the applicant proposes to use while excavating, grading or obstructing any right-of-way; 6. Any time limitations applicable to the installation, use or removal of the facilities; 7. The coordination of the proposed facility installation with anticipated or existing encroachments and other construction in the venue of installation; 8. Traffic and pedestrian access, safety and control. C. Except as to those matters regulated by the Public Utilities Commission, the Federal Communications Commission, or other state or federal agency, the city engineer shall have the authority to coordinate and prescribe conditions for the installation, use, duration and removal of the facilities and other encroachments by the permittee and its assigns. These conditions may include, but are not limited to: 1. submittal of record drawings; 2. notification to Underground Service Alert (USA/SC) and "Dig -alert" subscription; Ordinance Amending Chapter 13.12 Page 6 of 10 cabinets; 3. joint trench cost sharing, and screening of aboveground utility 4. coordination of work with other agencies or projects; 5. full cost reimbursement for city's actual costs for reasonable and necessary city inspection services during construction; 6. underground installation in lieu of an aerial or surface placement, when determined to be feasible by the city engineer and as required by law; 7. prohibition or restrictions on the placement of permanent auxiliary power generators which impede pedestrian or vehicular access or safety within the right-of-way. D. The applicant shall be responsible for reviewing city and other public records, and contacting existing city permittees and public utility companies to determine the location of existing facilities that will impact upon or be impacted by the proposed installation, and providing any necessary assurances or provisions regarding noninterference with prior permitted facilities and encroachments. The permittee shall comply with Government Code section 4216, et seq., regarding notification to Underground Service Alert of any pending excavation work, and shall be responsible for the removal or obliteration of markouts upon completion of work. The city reserves the right to require the permittee to pay for or reimburse the reasonable costs of hiring an inspector or supervisor to oversee the work to protect the city's interests during facility installation. E. Issuance of a permit does not constitute a representation by the city that subsurface conditions are accurately reflected in the records of the city, and the city accepts no liability for any inaccuracies. Each permittee assumes the complete risk and responsibility for damage to previously installed permitted facilities, regardless of any inaccuracy of records. Each permittee shall be responsible for repair or reimbursement for damage to or relocation of previously installed facilities necessitated ley the installation of its facility. The permittee shall notify the city engineer and any affected prior permittee(s) should repair or relocation become necessary. F. Issuance of an encroachment permit includes a condition that the permittee: 1) shall indemnify, defend and hold harmless the city from all liability occasioned from or caused by the installation or operation of the facility, except that arising from the sole negligence or willful misconduct of the city; and, 2). shall maintain the encroachment and any required conditions of the permit during the life of the encroachment, except as otherwise agreed or specified. G. The city engineer shall host periodic coordination meetings with potential applicants and current permittees regarding pending applications and proposed construction in the various rights -of -way and public places. The format of such meetings may be as provided for by existing franchise or license agreements or as may be determined feasible by the city engineer. The city engineer shall not be responsible for obtaining information for any applicant, but shall make existing public information available to an applicant for appropriate research and coordination. Ordinance Amending Chapter 13.12 Page 7 of 10 H. Whenever an exemption or exception from the requirements of this chapter is claimed by an applicant or permittee under the terms of a statute, franchise, license, agreement, regulatory preemption or final judicial decision, the applicant or permittee shall be responsible for establishing the authority, scope or extent of that exemption or exception to the reasonable satisfaction of the city engineer. The city engineer shall accept particular provisions from franchises and related agreements that are in substantial conformity with the various requirements of this chapter as complying with the procedures for the administration and issuance of encroachment permits. I. Notwithstanding the general rights granted in a franchise to use the public rights of way for installation and maintenance of facilities, no excavation in a public right of way shall commence by or on behalf of a franchisee without prior notification to and clearance from the city engineer, except as provided in section 13.12.030F for emergency work. 13.12.070 Resurfacing of streets. A. Except for new service or an emergency, or as allowed by franchise, it is city policy to prohibit major excavation in any street that was resurfaced within the preceding three years. When permitting major excavation in a city street resurfaced within the preceding three years, the city engineer may require the permittee to resurface the entire lane of travel for the length of the cut for reasons of traffic safety. The travel lane shall be resurfaced with a minimum one inch asphalt overlay or slurry seal overlay to create a smooth interface between the old and new pavement surfaces. Slurry seal may be used only on streets resurfaced by slurry seal. For purposes of this subsection "A", major excavation shall be any trench cut greater than four inches in width, or any point of repair that exceeds four feet by four feet. The dimensions of the lane of travel to be resurfaced shall refer to a pavement width of no. less than eight feet or more than twelve feet. B. The city engineer may require two or more permittees who are allowed to excavate separate trenches or points of repair of minor dimension in the same lane of travel to resurface the entire lane of travel for the length of the cuts if the excavations, when accumulated, create an impact to the road surface comparable to or greater than that described in subsection "A". Each permittee shall post a security deposit or surety bond guaranteeing resurfacing of the lane of travel. All permittees shall be jointly and severally responsible for correcting pavement deformities caused by the permittee's work, as determined by the city engineer. C. The provisions of this section shall apply equally to franchisees and public and governmental agencies desiring to excavate in the public right-of-way, except as provided otherwise in a franchise or related agreement pertaining to street maintenance and repair. Determinations made by the city engineer under this section shall be based on best engineering and management practice, and shall take into account any fiscal considerations that affect the overall public interest. D. Notwithstanding subsection A, permittees shall be required to repair and share pro-rata in the ongoing costs of repair and street maintenance directly caused by the installation and maintenance of their respective facilities in the right-of-way. All Ordinance Amending Chapter 13.12 Page.8 of 10 permittees shall be jointly and severally responsible for correcting pavement deformities due to their work, as determined by the city engineer. All repair and resurfacing shall maintain a smooth interface between the repaired portion and the uncut pavement. E. Nothing contained in this section or chapter shall limit the city or any permittee from seeking reimbursement or contribution from another responsible party for its fair share of corrective costs. 13.12.080 Encroachment permits—Revocation—Penaltv for violation of terms. A. The city engineer is authorized to revoke an encroachment permit for cause upon determining that the permittee: is proceeding in a hazardous manner, has failed to comply with one or more of the material terms, conditions or restrictions incorporated in the permit; or, has provided materially false or misleading information to the city engineer regarding the encroachment or its installation. The city engineer may. revoke or modify an encroachment permit without cause when necessary for the installation of a public improvement by the city, or when necessary to remove an encroachment extending onto public property from private property that interferes with public convenience or safety. B. Upon revocation .of an encroachment permit, the permittee shall immediately discontinue work and cease and desist from further encroachment upon the public right-of-way or property of the city. The permittee may be required to remediate the site to an as -near original condition as may be feasible under the supervision and direction of the city engineer in accordance with code and legal requirements in effect at the time of remediation. Installed facilities shall be removed by the permittee, unlessauthorized by the city engineer to be abandoned in place when feasible. C. Any permittee who shall violate any of the terms, conditions or restrictions of an encroachment permit and thereby materially and adversely affect the public health and safety shall be ineligible to receive another encroachment permit from the city engineer for a period of one year following the date of such determination. This restriction may be waived by the city engineer for good cause. 13.12.090 Encroachment permit fee. Unless exempted by law, franchise or contractual agreement, every applicant shall pay the permit fee established in the National City fee schedule prior to the issuance of an encroachment permit. Permit fees will not be charged for the removal or relocation of an encroachment required by the city under section 13.12.100B. 13.12.100 Nonexclusive use of right-of-way. A. Encroachment permits are nonexclusive. Any permit issued by the city under this chapter is subject to the city's use of the right-of-way for public purposes during the period of the applicant's use. The city may condition the time period of the applicant's proposed use of the right-of-way to coincide with city's own use for public projects. The city engineer may require a permittee to allow others to utilize an excavation for placement of their separately Ordinance Amending Chapter 13.12 Page 9 of 10 permitted facilities when justified and necessary, upon payment to the permittee of the proportional share of avoided expense and with any additional expenses necessitated by such accommodation, provided such accommodation is feasible and does not delay or adversely impact the permittee. Joint trench agreements under this section can be required prior to commencement of construction. B. Permittees shall not interfere with facilities installed under prior permits, unless arrangements satisfactory to the city engineer and the prior permittee are made to protect or relocate the prior facilities at the expense of the subsequent permittee. Notwithstanding, the city has the right to cause the removal, relocation or displacement of any previously permitted encroachment without liability to a permittee when necessitated by public emergency or. other city exercise of its police power. C. Permittees who fail to provide accurate record drawings to the city engineer shall be financially liable to the city for any of the city's construction delay costs directly caused by misidentified facility locations installed by the permittee or its contractors. 13.12.110 Appeal. Except as to appeal procedures established pursuant to franchise, any person aggrieved by the city engineer's decision with respect to the issuance, denial, or revocation of an encroachment permit or the imposition of a fee or condition under this chapter may appeal to. the city council within ten calendar days after receiving written notification of the city engineer's decision. The written request for appeal shall be filed with the city clerk, and a hearing before the city council will be scheduled within a reasonable time after the filing of the appeal. 13.12.120 Assignment or enlargement of encroachment permits or facilities. Any assignment or enlargement of an encroachment permit or the encroachment itself without authorization of the city is void. Assignment shall not negate the obligation of the assignor to perform all terms and conditions of the permit and this ordinance, notwithstanding an assignee's assumption of the same, except with city approval. 13.12.130 Safeguarding of proprietary information. Applicants shall provide all information required by the city, except that which is exempted by section 13.12.060(B) (I). Except for maps and construction drawings showing the location and dimensions of proposed and installed facilities, an applicant may declare any other portion of required information to be "proprietary information" by identifying the same by notation in the applicable sections of the application or questionnaire and providing that information to the city engineer in a separate sealed envelope or container clearly identified as "PROPRIETARY INFORMATION." Maps or construction drawings showing location and dimensions of facilities being processed for a permit under this chapter may not be designated proprietary information. A non -disclosure agreement may be executed by the city as a condition of requiring proprietary information. The city will either retain properly identified proprietary information separately, or return it to the applicant without retention of a copy after having conducted its analysis. Pursuant to Evidence Code Ordinance Amending Chapter 13.12 Page 10 of 10 Sec.1060, properly identified proprietary information in its possession will not be released by the city under the Public Records Act (Government Code Sec. 6250, et seq.) without authorization from the applicant, except upon receipt of a duly authorized court order. Applicants or permittees will be offered the opportunity by the city to intervene to protect their interests against the release of proprietary information. If the opportunity is 'declined, the city thereafter shall have no further obligation to protect or defend the non -release of the designated proprietary information or portions thereof. When proprietary information is returned to a permittee after being relied upon by the city in issuing a permit, then the terms and conditions of that permit shall be conclusive and binding in any subsequent administrative or judicial proceeding between the permittee and the city involving that permit. 13.12.140 Possessory Interest Taxes. By accepting a permit issued pursuant to this Chapter, the permittee acknowledges that notice has been given pursuant to California Revenue and Taxation Code Section 107.6 that use, occupancy or interest in any public property conferred by permit or otherwise may cause a possessory interest tax to be levied upon such interest. The permittee shall be solely liable for, and shall pay and discharge prior to delinquency, any possessory interest taxes and other taxes that may be levied against its right to possession, occupancy or use of any public right of way or property that is, conferred by permit, franchise or license. 13.12.150 Violations and enforcement. A. Violation of Section 13.12.030 or 13.12.080(B) is a misdemeanor. Each day a violation exists is a separate violation, and each violation may be charged as a separate offense. Violations may be enforced by civil, criminal or administrative measures, or combination, as provided for in Title 1 of this code. • B. The city engineer is authorized to remove illegal encroachments. Costs shall be charged to a responsible party in accordance with law and the procedures established in the municipal code when an illegal encroachment is not voluntarily removed following reasonable notice to the responsible party. In an emergency, illegal encroachments may be summarily removed and costs charged without prior notice to the responsible party or parties. PASSED and ADOPTED this day of , 2003. ATTEST: Michael Dalla, City Clerk Nick Inzunza, Mayor APPROVED AS TO FORM: George! H. Eiser, III, City Attorney City of National City, California COUNCIL AGENDA STATEMENT .IEETING DATE July 1, 2003 SECOND READING AGENDA ITEM NO. 17 ITEM TITLE AN ORDINANCE ELECTING TO HAVE SEWER SERVICE CHARGES COLLECTED ON THE TAX ROLL, AND ADDING SECTION 14.04.075 TO THE NATIONAL CITY MUNICIPAL CODE PREPARED BY EXPLANATION LBOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed ordinance. George H. Eiser, III 336-4221 EPARTMENT City Attorney The proposed ordinance was introduced at the City Council meeting of June 17, 2003. This agenda item is for the second reading and adoption of the ordinance. If the ordinance is adopted, sewer service charges will be collected on the tax roll. It is expected that this method of collection will be significantly more efficient then the current system of mailing bills for sewer service charges. Under the new methodology for collecting sewer service charges, property owners will see the wastewater fee on their tax bill. They will no longer simply require their tenants to pay for the service. As part of transferring the billing to the tax roll, the City will educate the users of the system of the transfer by mailings to property owners. Environmental Review Financial Statement N/A STAFF RECOMMENDATION X N/A A-200 ,9 92) Adopt ordinance. Approved By: Finance Director Account No. Resolution No. i ORDINANCE NO. 2003 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ELECTING TO HAVE SEWER SERVICE CHARGES COLLECTED ON THE TAX ROLL, AND ADDING SECTION 14.04.075 TO THE NATIONAL CITY MUNICIPAL CODE WHEREAS, because the existing method of collecting sewer service charges by the mailing of bills to businesses and residents has proved to be inefficient, it has been proposed that sewer service charges be collected on the tax roll, as authorized by Section 5473 et seq. of the California Health and Safety Code. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of National City hereby authorizes and directs pursuant to Section 5473 et seq. of the California Health and Safety Code, that sewer service charges, together with any delinquent charges or penalties for nonpayment of such charges, be collected on the tax roll in the same manner, by the same person, and at the same time as, together with, and not separately from, the City's general taxes. BE IT FURTHER ORDAINED that Section 14.04.075 is hereby added to Chapter 14.04 of the National City Municipal Code, to read as follows: 14.04. 75 Sewer Service. Charges Collection on Tax Roll. In addition to and as an alternative to other procedures for the collection of sewer service charges, such charges, together with any delinquent charges or penalties for nonpayment of such charges, may be collected on the tax roll by following the procedure set forth in Section 5373 et seq. of the California Health and Safety Code. BE IT FURTHER ORDAINED that the City Council hereby declares that should any section, portion or provision of this ordinance be determined for any reason to be invalid, it is the intent of the City Council that it would have passed all other sections, portions and provisions of this ordinance independent of the elimination herefrom of any such section, portion or provision as may be declared invalid. It is further the intent of the City Council that if any section, portion or provision declared invalid can be severed from the remainder, or be. construed in such a manner as to give valid meaning and effect to the remaining sections, portions or provisions, then it may be so severed or construed so as to carry out the purpose and intent of this ordinance. + + + Signature Page to Follow + + + Ordinance No. 2003 - Page Two PASSED AND ADOPTED this day of , 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: in 00-Z George H. Eiser, Ill City Attorney City of National City, California COUNCIL AGENDA STATEMENT 18 MEETING DATE July 1, 2003 AGENDA ITEM NO, (-ITEM TITLE REQUEST FOR USE OF THE COMMUNITY CENTER BY THE NATIONAL CITY COMMUNITY CONCERT BAND AND WAIVER OF FEES PREPARED BY Burton Myers DEPARTMENT Public Works/Engineering EXPLANATION The National City Community Concert Band is requesting use of the Community Center on December 12, 2003 to hold a public concert for the citizens of National City. They are requesting the Center from 8:00 am until 9:00 pm. The concert will be from 6:00 pm until 8:30 pm. They will be expecting 300 people. A waiver of fees is also being requested. Costs: Building: $ 914.68 Custodial: 212.23 Total: $1,126.91 This is an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the Martin Luther King, Jr. Community Center". However it would take the approval of City Council to waive the fees. Environmental Review X N/A Financial Statement Loss of $1,126.91 if waiver of fe is approv STAFF RECOMMENDATION Council decision on use of the Community Center an BOARD / COMMISSION RECOMMENDATION N/A Approved By: Finance Director Account No. waiver of fees. ATTACHMENTS ( Listed Below ) Resolution No. 1. Application for Use of the Community Center 2. Letter from the National City Community Concert Band dated June 20, 2003 A-200 (9.99) APPLICATION FOR USE OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting when the items going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations". Name of Organization: Business Address: Name of Applicant: Address: % o J Nor- 14 l'4 & UD //. (l. yi9.40 Zox 2.c 7 C-: V. 9/9fZ. Telephone Number: day (/C/ 2 6, 7 - 6 .2 2 6 evening ( ) S 4 M Type of Function: E ?u a LsG . Co.tf cie'e-" Date Requested: � e 1,2• Zoo: � Decorating Time: (am/pm) to (am/pm) Function Time: l Pit (am/pm) to 9-30 /9/4 (am/pm) Clean up Time: 3c) (i4 (am/pm) to 9 j', 4 (am/pm) Use of Kitchen: 7G no yes If yes, Time: (am/pm) to (am/pm) Number of Participants: r vp, Y 3(�O Will Admission be charged? AJ0 If yes, Amount $ Will this be a fund raising event? Will alcohol be served? NO If yes, ABC Permit Submitted? Certificate of Insurance attached? — dh Special configuration of_tabl or chairs required? 7 If yes, attach sketch. Special equipment required? 1/ P4 If yes, attach list. -rm. PCeS d you Aid Copy of Rules & Regulations provided? /e4 Initials Certificate of Insurance attached? Pi' i How many times in the last two years have you used the Community Center? 2) If applicable, how much did you pay for building and/or custodial fees? �Qo I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE MARTIN LUTHER KING, JR. COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 1 .6 of the R ue and Taxation Code against Applicant's possessory interest in the City's facility Signature of Applicant Date rev.02/03 CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization Al C ()rrnvl n,., €4.'�'-- AJ/yi4 Person in charge of activity d Address ? O g 7 Q. V_ 9/ %/2-Telephone 6,/a6 City facilities and/or property requested bm444 Date(s) of use 1 Z/ I 21 Z5 3 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnifyand hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Certificate of Insurance Approved by Official Title Name and Title Date rev. 02/03 Burt Myers City of National City June 20, 2003 On behalf of the National City Community Concert Band I am requesting the use of the National City Community Building on December 12, 2003 for a free public concert for the citizens of National City and their friends. I am also requesting that any fees normally charged for such use of the building be waived. Thank you for your consideration in this matter. C. Edward Reed Director, NCCCB ,EETING DATE City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 19 /ITEM TITLE NOTICE OF DECISION — PLANNING COMMISSION DENIAL OF A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUhIICATIONS FACILITY AT THE SEVENTH DAY ADVENTIST CHURCH AT 3737 SWEETWATER ROAD (APPLICANT: CINGULAR WIRELESS) (CASE FILE NO. CUP-200 -4) PREPARED BY Roger Pos 36-4310 DEPARTMENT Planning EXPLANATION The project site is located on the north side of Sweetwater Road, just west of Plaza Bonita Center Way in the IP-PD (Private Institutional -Planned Development) zone. The 2.1 acre lot is developed with a roughly 12,000 square foot church building and a parking area with about 88 spaces; mature landscaping, including many large trees are located throughout the property. Access is provided via a private road, which also leads to an adjacent Single -Family housing community. Single-family residences are located to the south, west, and on a small section of unincorporated land to the north. Cingular proposes to install a wireless facility near the southwest corner of the site. A total of 12 panel antennas would be placed on a 72-foot tall monopine. The monopine is designed to mimic a typical pine tree and conceal the antennas. A 160 square foot enclosure for equipment would also be constructed, with an exterior matching the church building. The Planning Commission held a public hearing on this item at their June 2, 2003 meeting. A petition including 143 signatures was submitted in opposition to the project. Several residents also spoke in opposition, stating the facility was not needed in this area and would be an eye sore. Commissioners denied the application after discussing possible alternative sites and determining the facility was not needed in this mostly residential area. ( Environmental Review X NIA Categorical Exemption Financial Statement N/A Approved By: STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. Finance Director Account No. BOARD 1 COMMISSION RECOMMENDATION The Planning Commission denied the Conditional Use Permit. Vote: Ayes - Pruitt, Saludares, Alvarado, Flores, Baca, Martinelli, Reynolds, Graham Absent - Carrillo ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 20-2003 2. Location Map Resolution No. 3. Site photos 4. Reduced site plan and elevations A-200 )9;99) RESOLUTION NO. 20-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT APPLICATION FOR A WIRELESS COMMUNICATIONS FACILITY AT THE SEVENTH DAY ADVENTIST CHURCH AT 3737 SWEETWATER ROAD APPLICANT: CINGULAR WIRELESS CASE FILE NO. CUP-2002-4 WHEREAS, the Planning Commission of the City of National City, California considered a conditional use permit application for a wireless communications facility at the Seventh Day Adventist Church at 3737 Sweetwater Road at the public hearing held on June 2, 2003, 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-2002-4 which are 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, 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 City 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 June 2, 2003, fail to support findings, required by the Municipal Code for granting any conditional use permit that the proposed use is deemed essential and desirable to the public convenience or welfare. BE IT FURTHER RESOLVED by the City 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 June 2, 2003 support the following findings: That the proposed use is not deemed essential and desirable to the public convenience and welfare, since there is not adequate information to show it will improve the performance of Cingular Wireless or result in enhanced service for its customers or provide a benefit to the surrounding community. BE IT FURTHER RESOLVED that the Planning Commission hereby denies Conditional Use Permit application no. CUP-2002-4. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council; and, 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. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of June 16, 2003, by the following vote: PRUITT, SALUDARES, ALVARADO, FLORES, BACA, MARTINELLI, REYNOLDS, GRAHAM. AYES: NAYS: ABSENT: CARRILLO o ABSTAIN: C AIRMAN ' Sweetwater Heights „yz Centennial Park / IC -OS IA Bonita Willows Condominiums RM-2-PUD PROJECT LOCATION. Bella Bo Home a S. ZONE BOUNDARY — — crn, BOUNDARY IammvommEn" LOCATION MAP 3737 Sweetwater Road CUP-2002-4 NATIONAL CITY PLANNING 41111=111110111111 DRN DATE: 5/6/03 INITIAL • HEARING: 6/2/2003 SITE PHOTOS Proposed wireless facility location looking west from entrance to Bella Bonita Homes community (Monopine proposed near center of photo, across the road). Project site looking no across Sweetwater Road, ( NATIONAL CITY PLANNING DEPT. EXHIBIT A, 3rd Revision CASE FILE NO. CUP-2002-4 DATE: 5/20/2003 cinguIaflM WIRELESS 7TH DAY ADVENTIST CHURCH 3737 SWEETWATER ROAD NATIONAL CITY, CALIFORNIA 91950 SD-673-01 VICINITY MAP DRIVING DIRECTIONS NMy10( LOT NAM MMOS, WAWA MLA FROM ICm TIP1AT.iR'TE IwucI Ever Cr =RV LOOUDD D ALL Awu:raa ADDER. CON00w WIEN. CODE - ARE R64) 2. GOOSE II WYN*L CODE PRY E. NAMED FWTAL CCOA. 1 WSU TCODC-.AP -PY LIFE V. DART E01ILOA 1-WG EMI 1. MTgDI 000001 W 11.WA1011A 1301101 2.A AC ERNA/UM C INNATE AND PLOY MRRIES A MAN RA1YAU4 RM0NE0 DWG= MN) max 4¢YCLTG0 (FP. NEC.) IA5111J IMOOWURL2IMEATLIUO ROWS O, 6 C STATE MAu ) (AA APPLICABLE CODES ARCHITECTS NICOO) J. A20MRKIVA! ESAE ROMAN �, RATE AAN w SC1. (M!) 6C6-CHI nxr (E») w6-61n UNTAGT r Nu OSIER (MO.= 1WMEEL) STRUCTURAL ENGINEERS 000OMLTO PGNEPE M WET OM0LMAT, ere. 140 OAV ICAO, 4 9w Tnr ON RE-N% 140, 65-02M C0NTOOT r bN VOA- (6TTOJCTV1w E0.IIm1) ' ELECTRICAL ENGINEERS OMEN OACRICO PO. YMrnC5 TM,tea), 4 eies T4, tea) 7EiNN CONTACT r MY DIVAN (IDELR11V1 OCMOMP) CIVIL ENGINEERS OALOP 0MILLIZ1, IxD NYA S. CC M LCIRCE, auNC 0 M FGBN TAL M1M) M0f1e EM'r 9N) CONSULTANT TEAM SITE NM4 ITS CUT ADVENTIST 010lbl SITE NUMBER AV -MR. SITE ODDNESS UST ENELIY4TR ROAD MW INTCNLL Ertl, GARDENIA LANDLORD IGJIIIORM CALIFORNIA PASS AfSWORN IDAY YYERMTP ROAD T -RV NNLYI APPLICANT OMAN SAWN 00 (MWRK CT., BR'ID VN IMP, 4 VA re) w-w LEGAL DESCRIPTION: A/AC61 R NC fW IC. W, RPM CDT OP DMA, MATT OF YE 06y RATE 44NOd4 FE= M T R OWL ASWS awn. IO=CAM Cr MD WORT, 30111 J!' L, NR. ASSESSORS PARCEL NUMBER CM-MO-6T CURRENT ZONING RRw 0IIIRONG OCCUPANCY. OCCUPANCY: (COST. TYPE OFCCNSTRUCRON: TYPE OF CONSTRUCTION: MA M PROJECT TPGCRPRON' MINOR USE MDT EMOYII IMAMS I'INRMS TO C000R5T 43244E Y1 NM0AN 6' UIVOND, COWL runs NM NMYETCEM EAMY AT PLOT 4181 EGIN01r IY0:10-11P CS CAME TIMM P11.AE DRILEGENAL NLTI[WMYeos )4130 TED01 AR'd MWCMAM OPERATING PREI.TUENOESL TMMPRE. EO.MCEO 0(5W,, 1.12.19016 ARP SO MTRA N%. LATITUDE+ 02-A4O IOISRVOC II.441A PROJECT SUMMARY RE INRWS: ZONINGIPLANNING INITIALS. DAR ARCHITECT INITIALS: CONSTRUCTION INITIALS. SITE ACQUISITION INITIALS: LANDLORD INITIALS OAR DAIL TTIETNO.DESCRIPI T F611 TT[ MUT, RACER INICPATIM ( VPJgtt IW A-1m WE FLAY A-20 LOSEOGILRICR 6WVAnw9 ARES C-IC ALIT CURVET LOD LANDSCAPE PLAN SHEET INDEX TINS POET NNI INT'GR10 MEMO KO TLfAM SWITL FROM AM, =O M. MM IICI MEPEECA EOR EM MIL E AO=00AGr4T,N COT N41 ACCESSIBLITY DISCLAIMER SECTOR 'C 240° 13°-03' MAG. NORTH 02 KEY PLAN < ,•. w r KEYED NOTES OIreN r= cs. NOMA =GMEMROT w-a'. W.Y)16.,m O4fNM Th MOPT ¶US4 WGO11P2 p macro= ww,.P run. wrens =trim e, rmemm 111.11a <C> m5ug=mmeuer SOS O memo KC NW =Pbt,, 3ym3 Kw. Oq eon Wm, © corms raslYs MKID O IXe5IW Mt 70 te momsn 'ne Tm vns Otl4WK a+ivN wlamr° °[ ww+m Q+ emr. uc2 rest To M wwim Q rwcem a5UP Nei=° rein N.+rWN Mtrm'.' ° O manse, cow", w5mr PAN. MO.. WC= Sc' uT l< Mrn'WO as seine r.Y6 MleW Ynt'CW O NRsew 1=.iNN . uarr nor ON Mtwm m+am M mu. cox 13°-03' MAG. NORTH SITE/ROOF PLAN RM.1.. prAmarairdIA MAIL I•4 Pnssnl Wue ZDOvin ConnalY cy= _m N am r z xc,n c MONNE munm 91.11 v 514 1r.OTo. a ercrorre moors orror in. or Arrnrir TOME sMMICH 510-6�3-0 '1 37S7 SWEEfWATER RO. NATIONAL CITY, CA 91950 m r m 0 L_ am r m 0 ?'Ccingular -----1 --WIRELESS KEYED NOTES: OK. a.... PwsT.gd ImPTo iWI TLLe e,WNgIG (q-o'FM'.P) 41> oH.. ..u..a.T.n�... p mg0m °. p ..TTPT .4x m.. or Oy .x's.'nm ftiW Wt musses toss 11RM oAr (rm .4) p manses n.. vriww.xm xT4) M1RY co. p▪ . m,I..,,.,,,Q,.,,.,....mT.,ET 00. pm..mm 4P. Or Cso rt... sr.. p maim pJGInIW ..1x4 p m.o.m,ov,..»o. OmT...W.µrts. O mac..� tl01 s.LL TVIN Mex. TOKCO lCTW Wll4YOW- W[1R CeVe pIXs`1Kmg4sac so..W .T. wT.m0,. m ma.Tm pLOS1TK q*P.T0ITPesu0RT0Tnnone. 1.l.NMans. p mceasso m. onuses .4m urrom .rocs.u' o. ®...gym o«W m um,1Ta.,..m100 a• nP O nmam swum. musses PUR um/240 =um Y' W © ¢040cs:.m cows ens.. ass roam mon.m cac. exryw.T ®maven Y4 H. woo Gs.. ® rypYlD f'4 x f'd co.= acccs © .RD°Mm Ws.fNiK ® maws. s0B.1R Q mom. pusW11 ® rco osm w\'vu1o[ 00T.4 MIM i[L Pei W. ® rvad]m LYN]fu. O�sf p mam.m.P...Tre. was. .rmnm Tn., (R.. woe .T .. ..wmaa) 0 m0Mdm n.Tm se mT4 ® 0001m P,4.wm SECTOR'A' 0' 0 GRAPHIC SCALE 0 Foci WO N. w/- UN▪ E Of LESSORS PROPERTY ZONING: R-1 APN: 584-310-37 LOCATION Cr COOETI COORDINAC T2 OF 6 I FGFNQ var nNw TN P w la To rr sun a port No Iv 0 aw N. most d 1 v/'iuL �•3 mam.aNl.NNromc,.....�®.N.6R,I.NN PALO TREE MAT. (TIaCA) PoTER POE VI/mu 'F ow ANN AN_ FAmx0 Pfiv0TE ROID INO unUT7040304T POI000 177-153I70 ST ANDif SEMENT/ /- -/ PER OCC 47-37W91 -/- / ,.."--.V' /SE.µ /' TO= LINE LE N LS LINE TABLE BEARING ME'II'4R N7•AS'3CM NSC13942 St7'46'S62 570ISN4•M LENGTH SSS3 ION 16.06 1600 RN CENTER OF PROPOSED 140I0P5E LAINOC 3Z 39' MP NORTH ELELEVATI0051.3'N (RAM III)3T (xADw) _-i RAM0 SRAR OS1 a MLNUWR ECU. 17��IC3MFWIIAA WAN SATE 4 OFFICE- ryWS) ESE-IIIC FAT:- (019) W-AA I FONOFNO (FON Dri(RIP10Yi PARCL I OF PARCEL MY N0. WN. a ME COY OF WMTA 03.11n OP SM OM STATE OF CALIFORNIA. TILED IN ME ON= 6 ME CORM RECORDER rt SAO CNxx, SEPTryiA 26. MM. (F4c AAWA I M.A1 OESONPBp0 ILL MA1' 0101 1 OF PARCEL 1 OF PALL ION x0. 6053, CDC OW OF 130M COUNT( Of SA10EW. STATE O WR11111A FILM a THE OFFICE OF ME COMFY mama OF MD Cwxx. STATMNA Sa 1077 YORE PMIIOILNO.Y OESOORM IS FOLLOWS WRpgK AT IC Nd1MPFSDALY CORNER OF SAO MOIL 1: ITOO E SOWN 17 DEGREES N MOMS L SECONDS EAST ALONG 11IC Y6106T UNE OF SM PARCEL 1. A dm4x0:OF COLDS FEET. TMA2 OIPMTSF SAM E611AY LOC OF PARCEL 1. NO M TS OEMS 14 MOMS 54 40N05 EAST. A OST0ICC OF S}Y OW TO ME POINT OF SEONN4O: TEND: NO1M I) =NOM40 MUTES SO SECONDS NEST. A d9T40LE CM O.W I1011 WOKE NORTH 73 WORMS 13 I NJ1E8 04 SECONDS FAST. A DISTANCE R 1600 FRB BOCE SOON 17 OEOCES 40 MIMS SO SECONDS GO. A EIS1A46 OF 16.03 RET1 WOE 0JM 73 MOUES 13 WHITES 04 SECCNOS NEST. A STAIRS OF 10.W 17ET TO T C PONT OF SEORNNI MRTW40 xO1R0003 RENT CV u5E ACROSS �COIS5331CT. TAYI7NEYN\0A01 APPURTENANCESM 03101LO• OIx19 NIGER EORESS. NFEN NENNMONO WHNOAAR xDT .▪ WNgIIW EO)P1ENL AN0 UTUTES FyuCHMARK ELLNATAN mANma NN m WIND INa9M+NC ROOM AIUNO MOO Ee OYOMO. ELETATION 231.6I (Wpm MINI) WIN OF OFAaxc 1LL 13mONAO 2v Pam, a m*m Wn My 3 NWT T/TR S0/M x Ol[9 PERM WI on 011N.Vm AT M OK T4T lam Cin.Md M�MI,K TTE ERR MMMMA. NEW M IOg TEC NAVE m1®I MEMO NME 'NM Mow N NOM Two REM 0 axOYxN n of are Naw°lnewmurz A aro 1191JELICIAM660 NM _ INN Au EMOTE RENOININITI or ME COMA= NM onCONTI TO mOALT NLP ERE AN NW aNIT Nww MOM TO ALL mop Mon m MNmNNR curt 1101 NE/G gU®INN N INS IOPnN.., N• 11N mRmMINL I ru J W .AEETING DATE July 1, 700'1 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 20 / ITEM TITLE NOTICE OF DECISION — PLANNING COMMISSION APPROVAL OF A ZONE VARIANCE TO ALLOW THE ROARK'S CARPET AND LINOLEUM BUILDING, AT 2100 HIGHLAND AVENUE, TO BE REBUILT WITH REDUCED SETBACK AND PARKING REQUIREMENTS (APPLICANT: MICHAEL ROARK) (CASE FILE NO. Z-2003-1) PREPARED Sy Roger Post 336-4310 DEPARTMENT Planning EXPLANATION The project site is located at the southwest corner of Highland Avenue and 21' Street, in the CG (General Commercial) zone. The 11,700 square foot lot was most recently developed with a 7,000 square foot, one- story building occupied by Roark's Carpet and Linoleum Company; five parking spaces were provided, backing directly onto 215` Street. Last year the building, which was considered lawful nonconforming, was destroyed by a fire; only the foundation, a trash enclosure and a freestanding sign remain. The applicant proposes to rebuild the previous building, with a new storefront design on the side facing Highland Avenue. A revised parking area with eight spaces is also proposed, none of which back onto 215` Street. Needed variances would allow: construction in the front yard setback, less than required on -site parking, parking in the exterior side yard, less than permitted back-up area, and one more compact space than allowed. Due to its total destruction, the building had lost its lawful nonconforming use privileges. The Planning Commission held a public hearing on this item at their June 2, 2003 meeting. They noted the variances could be justified since the fire damage was a unique situation, and several nearby buildings are located in setback areas and lack required parking. A condition of approval was added requiring color and texture variations on the north and west elevations of the building exterior. Environmental Review X N/A Financial Statement N/A Categorical Exemption Approved By, Finance Director Account No. STAFF RECOMMENDATION 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 Zone Variance. Vote: Ayes - unanimous ATTACHMENTS ( Listed Below 1. Planning Commission Resolution No. 19-2003 2. Location Map Resolution No, 3. Site photos 4. Reduced site plan and elevations A-200 (9 99) RESOLUTION NO. 19-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A ZONE VARIANCE TO ALLOW THE ROARK'S CARPET AND LINOLEUM COMPANY BUILDING, AT 2100 HIGHLAND AVENUE, TO BE REBUILT WITH REDUCED SETBACK AND PARKING REQUIREMENTS APPLICANT: MICHAEL ROARK CASE FILE NO. Z-2003-1 WHEREAS, the Planning Commission of the City of National City considered a Zone Variance application to allow the Roark's Carpet and Linoleum Company building, at 2100 Highland Avenue, to be rebuilt with reduced setback and parking requirements at a duly advertised public hearing held on June 2, 2003, 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. Z-2003-1 which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearings 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 June 2, 2003, support the following findings: 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since nearby properties are developed with buildings in the front setback and lack required on - site parking, and the destruction of the previous building by fire is considered a unique situation, allowing for special consideration. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since the conditions of approval will assure the new development will provide additional parking and design enhancements than were previously existing, and since a trash enclosure, landscaping, and roof top equipment screening will be provided in accordance with Code requirements. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since the proposed development will continue a previously established carpet sales business, which is an allowable use in the zone. BE IT FURTHER RESOLVED that the application for Zone Variance is approved subject to the following conditions: 1. This Zone Variance authorizes Roark's Carpet and Linoleum Company building to be rebuilt with reduced setback and parking standards. 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. Z-2003-1, dated April 29, 2003. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. The plan shall include the remaining front yard setback area on Highland Avenue, the planter area along the north side of the building, and the parkway on 21st Street. 3. A trash enclosure shall be provided in accordance with city standards. The exterior shall be painted to match the building. 4. The existing freestanding sign on Highland Avenue shall be refurbished as needed to be compatible with the colors and appearance of the new building. 5. The building plans shall show the roof -top equipment completely screened in accordance with Code requirements. 6. The building plans shall show all proposed exterior roof drains relocated to the interior of the building. 7. Exterior walls of the building, the freestanding sign, and the trash enclosure to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 8. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 9. Before this Zone Variance 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 Zone Variance. 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 Variance 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. 10. The building plans shall show the north and west facing building walls with exterior texture and color variations designed to improve the building appearance and be compatible with the east side of the building. 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 June 16, 2003, by the following vote: AYES: PRUITT, CARRILLO, SALUDARES, ALVARADO, FLORES, BACA, MARTINELLI, REYNOLDS, GRAHAM, NAYS: ABSENT: ABSTAIN: Co LOCATION MAP Ilvittyligsfriolger of Highland Avenue RS- NATIONAL CITY PLANNING DRN DATF' 5/19/2003 INITIAL HEARING: 61212003 SITE PHOTOS Project site looking southeast across and 21t Street • — • ' • ''••',7,,'S'];AVU..V.;•,::.,iai,::•;;;•':'''.:.=..•::'2.;.°'•"',1••••.,:•':.• • Project site looking southwest across Highland Avenue and 21t Street intersection. i%\1 FLOOR PLAN /16'.I'-O / 6.600 00 9 I. WARGNOU9G Van."- IMATe LOCATION rr PPROP-TOP e• PER DE er,rr o ROM VIEW • PER DETAIL 0 VN6GR OOlVER INTL DTW NO APO P.0. PLTWNO PANTED IN. ...MR L WALL DTB M PT ELEVATION DLarco ROOCAN O MTL ROOF CANOPY /7* rLTW VENEER PLYV/00 AVDONO M1TW000 I` OALVANIZCD METAL TROLLIE -`,�ALIAINW BTORGRdIT TCTEM IORTL ELEVATION 00 ee LGNO ONSMRCTI N i'Ol COOL RGNMGMGNTD I � GAiVANISD MR 0.00I' GAMOPT OALVANIZCO METAL TRELLIS z•-----DTCNC NC VDIECR NNIIAMD D ^� PLTWyG.LOMO OTOREI'RWT SYSTEM /> APPROXIMATE LOCATION OF ROOOM VIEW - PERCIC OCRGGXGO 11 21ST. STREET Ora PARCWAT IerO Dloew,LL LPROVIOC GLASS 'eV DUILrw POOP OVER PLTW000— PROPODCO LOCATION NICHANICAL GOUIPMCNT WRH SCREEN' wOTRGET gingr Ie'CRRIOAT pOWCItHPOIG LOC/ITIPI OP CXIDrO CXmrO.r*RXWAT !MOVE, eGiwoD.euTi'' _• vPROFOOCO LOCATION MECHAPHEAG L'NL WITH DUILT lP DCREEN ROPODC0 LOCATION Or MECHANICAL GQIVMCHT WITH SCREEN PROVIDE CRICKET TO ORAN //////////////// ROOF PLAN / PLOT P4AN Dam M oar I pwn City of National City, California COUNCIL AGENDA STATEMENT EETING DATE Tuly 1, 7003 AGENDA ITEM NO. 21 //TEM TITLE NOTICE OF DECISION — PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT FOR A PRIVATE SCHOOL (K-12) AT 2432 E. 18TH STREET (APPLICANT: FILIPINO AND AMERICAN BIBLE BAPTIST ACADEMY)(CASEFILE NO. CUP-2003-9) PREPARED B Roger Po336-4310 DEPARTMENT Planning EXPLANATION The project site is on the south side of E. 18th Street, just east of Euclid Avenue in the RS-3-PD (Single -Family Residential Extendible -Planned Development) zone. The 2.41 acre property is developed with several buildings, including a large church and an attached two-story office/classroom building; 149 parking spaces are located behind the buildings. Primary access is from E. 18th; however, there is a gated entrance from the south off Valle Vista Avenue. Currently, the site used by a church and a Head Start program. The church proposes to operate a K-12 school with approximately 119 students. The school would run from about 8 A.M. to 3 P.M. on Monday through Friday, with half -days on Wednesdays. Classes would be held in the two-story office/classroom building, with recess and physical education being held on a portion of the parking area. The Planning Commission held two public hearings on the matter. At the first meeting, several neighbors expressed concern that the school would create traffic and noise problems. The Commission continued the item and directed the applicant to work with residents and staff to resolve these issues. At the next meeting, a six-foot wall was proposed along a portion of the property to block noise and visibility of the school from the neighbors. The Planning Commission included a condition of approval limiting all access to the site to the E. 18th Street entrance. Commissioners noted the site was large enough for the school and that the applicants proposed revisions and conditions of approval should address neighbor concerns. n: Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. Categorical Exemption Approved BY: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Vote: Ayes - Pruitt, Carrillo, /\? Absent - Alvarado ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 17-2003 2. Location Map Resolution No. 3. Site photos 4. Reduced site plan and elevations A-200 (999) RESOLUTION NO. 17-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A PRIVATE SCHOOL (K-12) AT 2432 E. 18TH STREET APPLICANT: FILIPINO AND AMERICAN BIBLE BAPTIST ACADEMY CASE FILE NO. CUP-2003-9 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a private school (K-12) at 2432 E. 18th Street at a duly advertised public hearing held on May 19, 2003, and continued to the meeting of June 2, 2003, 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-2003-9 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 May 19, 2003 and continued to June 2, 2003, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the roughly 10,000 square foot building proposed to be used as classroom and assembly area is large enough to hold the proposed maximum of 250 students, and since the 2.41 acre site has sufficient area for classrooms, student recreation, and parking, without affecting existing uses on the property. 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 school is served by E. 18th Street, a collector street operating below capacity, which has sufficient capacity to handle the additional 200-300 trips expected from the use at the beginning and end of each school day. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since operation of the small, private school will not conflict with existing assembly uses at the site, and will merely expand their variety and hours of operation. In addition, a six-foot block wall will be installed along the south and a portion of the west property boundary to minimize noise from the school. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will provide educational opportunities for area residents. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a kindergarten through twelfth grade school at 2432 E. 18th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A, B, and C, Case File No. CUP-2003-9, dated March 18, May 1, and May 27, 2003. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Electrical, Plumbing, and Mechanical Codes, and Title 24 Energy and Handicapped Regulations. 3. Prior to use of the site as a school, a Fire Department walkthrough of the site to confirm room sizes and exits is required. 4. The school shall hold regularly scheduled fire drills, as required by the Fire Department. 5. The school operation shall be conducted between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday only. 6. 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. 7. 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. 8. School staff/volunteers shall be utilized each day at the school entrance to direct traffic during pick-up and drop-off times. 9. A six-foot block wall shall be installed and maintained within three months of the adoption of the resolution approving the project. It shall be located approximately as shown on Exhibit C, dated May 27, 2003. 10. The new wall, to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 11. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. It shall show the planting of ivy and trees along the new wall for screening. 12. The rear gate on Valle Vista shall remain locked at all times. The applicant shall submit a traffic plan to the Planning Department for review and approval. The plan shall show all access for the Head Start school and the Filipino and American Bible Baptist Academy coming from E. 18th Street. 13. Hand bells shall be used to signal the start and end of classes, recess, etc. There shall be no amplified bells or sounds used by the school for this purpose. 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 June 16, 2003, by the following vote: AYES: PRUITT, CARRILLO, SALUDARES, FLORES, BACA, MARTINELLI, REYNOLDS, GRAHAM. NAYS: ABSENT: ABSTAIN: ALVARADO. CHXiRMAN SITE PHOTOS Project site looking south across E. 1 Street; proposed school building to left of church - Church and proposed school building as viewed front rear narking lot looking to northwest MATERIALS DISTRIBUTED TO THE CITY COUNCIL DURING THE MEETING MATERIALS DISTRIBUTED TO THE CITY COUNCIL DURING THE MEETING Improving National City's Image © 2003 The Renacy Corporation 7/1/2003 Contents 1. It is our responsibility .. . 2. Who are we? 3. Goal and Objectives 4. Today's Situation National City Statistics Population by Decade Property Crime By Month 4. Examples s. How Did We Get Here? 6. How Do We Leave? 7. What are other cities doing? s. Something to think about 9. Recommendations io. Benefits 22. What To Do Next? 22. Conclusion 7/1/2003 It is our responsibility.. . ■ ... to improve the image, property values and aesthetics of our city to stimulate growth in population and increase our quality of life. 7/1/2003 Who Are We? The Renacy Corporation had been conducting business in areas ranging from Specialty Gourmet Foods to Information Technology Services. These areas of business are profitable however, we changed the focus of our business to meet a greater need, a civic need. A need that binds all who live , work and visit National City. 7/1/2003 Goal and Objectives ■ To eliminate graffiti and other property crime in the City of National City ■ Install video surveillance equipment, (permanent and mobile), in key areas of National City, to identify perpetrators of property crime and provide evidence for prosecution. ■ Rewrite ordinance concerning reward* 7/1/2003 Today's Situation ■ National City Statistics ■ Population By Decade ■ Property Crime by Month 7/1/2003 0.6 0.4 0.2 0 National City Population Statistics By Decade Note: 1990 to 2000 NC Population increased by 11. Decade • 1900 •1910 •1920 01930 ®1940 •1950 ■ 1960 01970 ■ 1980 01990 •2000 ARJIS Crime Statistics 7/1/2003 0 300 200 100 0 National City Property Crime Statistics Total Property Crime Breakdown by Month Property Crime ® 2-Jun ®2-Jul It 2-Aug 0 2-Sep ® 2-Oct ® 2-Nov ® 2-Dec 0 3-Ian ■ 3-Feb ❑ 3-Mar ®3-Apr El 3-May ARJIS Crime Statistics 7/1/2003 How Did We Get Here? • Property Crime was not a Priority • Ordinances have not been effective • Property Crime Must Be Criminalized • Failure to Hold Property Owners Accountable • Within the first 72 hours of vandalism, Property Owners are victims. After 72 hours, if not removed, Property Owners victimize everyone else. • Failure to Promote Public Awareness • Informing the Public of Rewards and Penalties 7/1/2003 How Do We Leave? • Criminalize Vandalism (Graffiti) • Establish ZERO Tolerance Policy Regarding (Graffiti) • Hold EVERY Property Owner Accountable • Establish a Program to Educate EVERY Resident of National City on: • Ordinances • Rewards • Penalties • Benefits 7/1/2003 hat are other C s Doing? City Action Result Pico Rivera, California <$400 = MISDOMEANOR, $1000 Fine AND 6 Experienced a 64% reduction in Vandalism in the first 6 months following the adoption of this ordinance. Months In Jail AND 24 Hours of Community Service AND loss of or delay in obtaining Driver License. >$400 = FELONY (all of the above) and increases in fine and jail time. Note: Those convicted are held accountable to pay ALL costs including court, graffiti removal, rewards, fines, etc. Santa Clarita, California Installation of 22 Mobile and 15 Permanent Surveillance Cameras and recording devices. CDBG Funds paid for the installation and continued maintenance of these cameras. Conviction rate of Vandals increased by 69%. Cincinnati, Ohio 30 Cameras and recording devices placed in parks and other public properties. CDBG Funds paid for the installation and continued maintenance of these cameras. 60% reduction in reported occurrences of Vandalism. 7/1/2003 Something to think about .. . It is a crime to take and/or destroy someone else's property. Yet every single day in National City, we allow Vandals to take money from our pockets and food from the mouths of our children by allowing them to devalue our property with graffiti. If your home is worth $200,000 now, it could have been worth $240,000. That is if our property values increase was that of San Diego County's average rather than less than half of the average. 7/1/2003 Recommendations • City of National City consider subsidizing the cost of security/surveillance systems via CDBG Funds and/or General Funds to (either) business and residents based on minimum criteria or across the board. The costs for this subsidy can be recovered from those identified, prosecuted and convicted. • The cooperation of the NCPD with businesses and residents to establish a "Property Crime Process" report, that is quick, efficient and streamlines the process for reporting property crime. • Purchase surveillance equipment sufficient to monitor and record the commonly targeted areas of property crime. • Report any property crime to NCPD through established process and include recording materials as evidence should qualify as ID by name of perpetrator. 7/1/2003 Benefits If the proposed recommendations are adopted, the benefits would be the following: • Reduction of Graffiti & Vandalism • Prosecution of responsible parties. ✓ Prevent existing business & residents from moving out of National City • Attract new growth: ✓ Businesses ✓ Residents ✓ .Tourists ✓ New Growth = Increased Revenues ✓ Reduction of fiscal funds used for clean up • Improve the Image of National City 7/1/2003 What to do next? • Determine criteria for the following: ■ Identify Target Locations • Permanent Observation Stations • Temporary Observation Stations • Identify Technologies Suitable to Achieve Objectives • Establish Communication Processes between NCPD and Property Owners • Develop Processes Necessary for Subsidies • Establish qualifying criteria • Reimbursements 7/1/2003 Conclusion The diversity that the City of National City enjoys, culturally, professionally, ethnically and spiritually can be bound by one single thread We are all residents of National City and as such, we can choose to improve the conditions in which we live. We are National City and National City is what we make it. We must be concerned that inaction can be construed as indifference. If we do not take action to reclaim our city then why even bother staying. 7/1/2003 5159 Federal Boulevard San Diego, California 92105-5486 (619) 263-9251 June 30.2003 Mayor Nick Inzunza and Councilmembers City of National City 1243 National City Boulevard National City, CA 91950 RE: Proposed ROW Ordinance Amendments (Agenda Item # 16) Dear Honorable Mayor and Councilmembers: At your July 1 meeting, staff is recommending several modifications and changes to Chapter 13 of National City Municipal Code pertaining to the public right-of-way (ROW). We thank staff for sitting down and addressing our concerns. On several questions, Cox and staff were able to resolve questions. We sincerely appreciate the effort of staff to consider our requests. Cox, however, continues to note our concerns over the broader issue of fairness regarding possible new and additional ROW charges and fees. We understand very well the legitimate concerns of the City. As the staff report itself indicates, at the time staff began to review ROW procedures, it was involved with new and out -of -area telecommunications companies. Public safety concerns were raised. Unlike Cox, these entities were new to the community. As you know, Cox„ has a long-standing Franchise Agreement with the City of National City. Last extended in 1984, the current Agreement does not expire until 2009. The Franchise Agreement is the chief vehicle by which the City engages with Cox; it sets forth the basic parameters describing our operating conditions. Pursuant to Federal law and our Franchise, Cox and its customers — your constituents - provide the City with a Franchise Fee payment for our occupation of the ROW. This compensates the City for impacts and costs. Cox pays the maximum amount, 5%, to National City. Each and every year, during our long-standing Franchise, Cox and its customers have paid this Fee. In the last 5 years alone the total payments have exceeded $1.1 million. We recognize that those entities not compensating the City for ROW presence and street maintenance should pay their fair share. Cox simply observes we already do. If new fees are levied, the playing field should be level or equal. Other jurisdictions, like the City of San Diego, are addressing that fundamental question of fairness and responding by recognizing and applying our current Franchise Fee payment to ROW charges. We respectfully request, should new ROW fees and charges be established and developed that the City work with Cox to recognize our Franchise Fee payment as compensation for our presence in the ROW and, additional fees, costs or expenses charged to Cox, be off -set or "credited" as against the Franchise Fee. Mayor and Council June 30, 2003 Page 2 of 2 Again, Cox appreciates the opportunity to work with staff to address our concerns. Over the last 30+ years, Cox has been proud to offer our services and competition to your community. We look forward to continuing our partnership. Should you have any questions, please feel free to contact me at your convenience. Sincerely, Edward Lopez Manager, Government & Community Relations LAST COUNCIL MEETING 1 TONIGHT'S CITY COUNCIL MEETING ENDS A. 40 YEARS OF CITY/SERVICES 1. ALHAMBRA 2. MONTEBELLO 3. MONTEREY PARK 4. NORWALK 5. HALF MOON BAY 6. FOSTER CITY 7. NATIONAL CITY B. 15 YEARS WITH NATIONAL CITY CITY ENGINEER/DIRECTOR OF PUBLIC WORKS C. WHILE IN NATIONAL CITY I SERVED WITH: 1. 3 MAYORS 2. 13 COUNCILMEMBERS MAYORS 1. KYLE MORGAN (MAYTIME BAND REVIEW) 2. GEORGE WATERS 3. NICK INZUNZA COUNCILPERSONS 1. MARION COOPER 2. MIKE DALLA 3. JESS VANDEVENTER 4. FRED PRUITT 5. RON MORRISON 6. RALPH INZUNZA 7. ROSALIE ZARATE 8. MITCH BEAUCHAMP 9. FRED SOTO 10. NICK INZUNZA 11. LUIS NATIVIDAD 12. FRANK PARRA 13. FEDELES UNGAB ACCOMPLSIHMENTS 1. NATIONAL CITY BOULEVARD BRIDGE REPLACEMENT 2. PLAZA BONITA CENTER WAY 3. "V" AVE. ASSESMENT DISTRICT A. M/M ATTAWAYS B. GENNEWICKS 4. COMPLETE STATE ROUTE "54" FROM A CITY STREET TO A FREEWAY. 5. DIXIELINE PROJECT/WALL MART/CHULA VISTA (SIGNAL) 6. CDC/PROJECTS CITY WIDE 7. WORKING WITH THE VARIOUS CITY GROUPS A. CHAMBER OF COMMERCE B. MAYTIME BAND REVIEW C. TRAFFIC SAFETY COMMITTEE FUTURE PLANS 1. RETIRE ON JULY 11TH, 2003 2. GOING TO SOUTH AMERICA AND AFRICA (SOUTH) ON JULY 16 (3 WEEKS) 3. RELOCATE TO TEMECULA/MURIETTA CONCLUSION A. I WANT TO THANK ALL OF THE CITY OFFICIALS - PAST AND PRESENT B. THE CITY EMPLOYEES - GREAT GROUP OF PEOPLE TO WORK WITH C. THE MANY RESIDENTS OF NATIONAL CITY WHICH I HAVE HAD THE PLEASURE TO WORK WITH THROUGH OUT MY YEARS OF SERVICE HERE LASTLY - THE PRESS WHO HAS BEEN FAIR WITH ME