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2009-08-18; City Council; 19942; Regional Communications System Agreement
CITY OF CARLSBAD - AGENDA BILL AB# 19,942 MTG. 8/18/09 DEPT. FIRE ADOPT A RESOLUTION APPROVING AN AMENDMENT FOR A THREE-YEAR EXTENSION OF THE CURRENT REGIONAL COMMUNICATIONS SYSTEM PARTICIPATING AGENCY AGREEMENT. DEPT. HEAD CITY ATTY. A CITY MGR. ^ \M/ '*&> (^ RECOMMENDED ACTION: Adopt Resolution No.2009-218 approving an Amendment for a three-year extension of the current Regional Communications System Participating Agency Agreement with the County of San Diego. Approve and authorize the Mayor to execute the Amendment to the Regional Communications System Participating Agency Agreement on behalf of the City Council (Exhibit No. 2). ITEM EXPLANATION: The Regional Communications Systems (RCS) provides essential day-to-day communications operations for public service agencies, including the City of Carlsbad Police and Fire Departments. The regional 800 MHz radio system also develops communications capabilities to cope with potential disaster and major events, to improve agency communications, and provide technology for all participants to meet their communications needs. This communications system provides San Diego County's ability to respond to citizen requests for service and is the backbone system for coordination during significant regional events. The original March 7, 1995, RCS Participating Agency Agreement (Exhibit 3), between the County of San Diego and participating cities and jurisdictions, including the City of Carlsbad, formally implemented the RCS. It established the governance, administration, method of funding, and costs of a regional radio system to provide communication services to public safety and public service agencies operating in San Diego and Imperial Counties. The term of the agreement was for 15 years from March 7, 1995 to March 6, 2010. On May 5, 2009, the San Diego County Board of Supervisors approved an amendment to the RCS Participating Agency Agreement, extending the existing 15 year agreement by three years to March 31, 2013. Year 2013 is the official manufacturer's "end of life" of the Motorola system on which the RCS operates. The three-year extension to the Agreement provides County staff and the RCS Board of Directors sufficient time to assess future regional public safety communications requirements and develop plans for a replacement system. All other terms of the agreement remain unchanged. Fire Department staff recommends approval of the three-year extension of the current RCS Participating Agency Agreement with the County of San Diego. DEPARTMENT CONTACT: Kevin Crawford 760-931-2141 kevin.crawford@carlsbadca.qov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED Xa nnn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES n Dn n Page 2 FISCAL IMPACT: The existing fiscal formula remains unchanged in the three-year extension. Carlsbad has budgeted and will continue to budget the city's share of cost, per the terms of original agreement, in the Fire Department's general fund budget. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code Section 21065 and CEQA Guidelines Section 15378, this action does not constitute a "project" within the meaning of CEQA and therefore, does not require an environmental review. EXHIBITS: 2009-2181. Resolution No. to adopt a resolution approving a three-year extension of the current RCS Participating Agency Agreement with the County of San Diego. 2. Amendment To The Memorandum Of Agreement Dated As Of March 7, 1995, Between The County Of San Diego And Participating Cities And Jurisdictions Regarding The Implementation, Governance, Method Of Funding And Costs Of A Regional Radio System Providing Communication Services To Public Safety And Public Service Agencies Operating In San Diego County And Imperial County, with supporting documentation. 3. Original Regional Communications System Participating Agency Agreement, dated March 7, 1995, including AB#13,068 and Resolution No. 95-69. 1 RESOLUTION NO. 20°9-218 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT FOR 3 A THREE-YEAR EXTENSION OF THE CURRENT REGIONAL COMMUNICATIONS SYSTEMS PARTICIPATING AGENCY 4 AGREEMENT. 5 WHEREAS, the Regional Communications Systems (RCS) provides essential day-to- 6 day communications operations for public service agencies, including the City of Carlsbad 7 Police and Fire Departments; and 8 WHEREAS, the regional 800 MHz radio system also develops communications " capabilities to cope with potential disaster and major events, to improve agency 10 communications, and provide technology for all participants to meet their communications 1 * needs; and 12 WHEREAS, this communications system provides San Diego County's ability to respond to citizen requests for service and is the backbone system for coordination during significant 14 regional events; and WHEREAS, the original March 7, 1995, RCS Participating Agency Agreement (Exhibit 3), between the County of San Diego and participating cities and jurisdictions, including the City of Carlsbad, formally implemented the RCS. It established the governance, administration, 18 method of funding, and costs of a regional radio system to provide communication services to 19 public safety and public service agencies operating in San Diego and Imperial Counties; and 20 WHEREAS, on May 5, 2009, the San Diego County Board of Supervisors approved an 21 amendment to the RCS Participating Agency Agreement, extending the existing 15 year 22 agreement by three years to March 31, 2013. 23 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 24 California, as follows: 25 1. That the above recitations are true and correct. 26 2. That Council approves and authorizes the Mayor to execute the extension of the RCS Participating Agency Agreement.28 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 18th day of August 2009, by the following vote to wit: AYES: NOES: ABSENT: Council Members Lewis, Kulchin, Hall, Packard, Blackburn None None ,LAUDE A LEWIS, Mayor ATTEST: Clerk Karen R. Kundtz, Assistant City Clerk <SEAL>,„,.«.„. AMENDMENT TO THE MEMORANDUM OF AGREEMENT DATED AS OF MARCH 7, 1995, BETWEEN THE COUNTY OF SAN DIEGO AND PARTICIPATING CITIES AND JURISDICTIONS REGARDING THE IMPLEMENTATION, GOVERNANCE, METHOD OF FUNDING AND COSTS OF A REGIONAL RADIO SYSTEM PROVIDING COMMUNICATION SERVICES TO PUBLIC SAFETY AND PUBLIC SERVICE AGENCIES OPERATING IN SAN DIEGO COUNTY AND IMPERIAL COUNTY THIS AMENDMENT to that Memorandum of Agreement dated as of March 7, 1995, providing for the establishment, governance and funding of a regional radio system providing communication services to public safety and public service agencies operating in San Diego County and Imperial County is entered into as of May 5, 2009, between the County of San Diego and the parties listed in Exhibit A as follows: RECITALS Whereas, pursuant to a Memorandum of Agreement ("RCS Agreement") dated as of March 7, 1995, the parties established the Regional Communications System ("RCS) and provided for its governance and funding; and Whereas, other jurisdictions have become parties to the RCS Agreement; and Whereas, the term of the RCS Agreement is 15 years from March 7, 1995, and will therefore expire March 6, 2010; and Whereas, the present parties to the RCS Agreement desire to extend the term of the RCS Agreement for approximately three more years to terminate March 31, 2013; NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Section 20 of the RCS Agreement is amended by substituting the following language: This Agreement shall terminate March 31,2013. 2. In all other respects, the RCS Agreement shall remain the same. IN WITNESS THEREOF, the parties hereto have affixed their signature on the attached Exhibit A. 5 San Diego County-Imperial County Exhibit "A" Amendment to the RCS Participating Agency Agreement IN WITNESS WHEREOF, the party hereto does affix his/her signature. Regional Communlcat-Vms System COUNTY OF SAN DIEGO Board of Supervisors Approval Date:. of APPROVE) A8TOKMM CITY OF CARLSBAD Council Approval Date: CITY OF CHULA VISTA Council Approval Date: CITY OF CORONADO Council Approval Date: CITY OF DEL MAR Council Approval Date: By By By By J 12- Thomas J. Pastuszka Clerk of the Board of Supervisors Mayor Mayor Mayor Mayor Approved and/or authorized by the Board of Supervisor* oUhe County o« San DjMODate_£4_2-j££LMinute Ordw Na^L. THOMASlPASTUSZKA ;ierk ottfie Board otSuervison TputyCterkA otSuperv\ J i *s\t ' U (J San Diego County- Imperial County Regional Communications System 5555 Overland Avenue, Suite 5105, MS-O56, San Diego, California 92123 Phone (858) 694-3663 Fax (858) 694-3433 http://www.rcs800mhz.org June 19, 2009 «, /v-°' A Lisa Hildabrand /" , * %\ City Manager < JON 2009 c i City of Carlsbad ' , ©fy Manager's Office : 1 1200 Carlsbad Village Drive \^ OH of Carlsbad / Carlsbad, CA 92008 N' / The Regional Communications Systerri^RCS7Participating Agency Agreement, dated March 7, 1995 between the County of San Diego and participating cities and jurisdictions, formally implemented the RCS and established the governance, administration, method of funding, and costs of a regional radio system to provide communication services to public safety and public service agencies operating in San Diego County and Imperial County. The term of the agreement was for 15 years from March 7, 1995 to March 6, 2010. On May 5, 2009, the County Board of Supervisors approved an amendment to the RCS Participating Agency Agreement which extends the agreement to March 31, 2013. Year 2013 marks the official manufacturer's "end of life" of the Motorola Smartzone 3.0 system on which the RCS operates. The three year extension to the Agreement will provide County staff and the RCS Board of Directors sufficient time to assess future regional public safety communications requirements and develop plans for a replacement system. All other terms of the agreement remain unchanged. Please sign and return one of the enclosed amendments (with original signature) and mail to: San Diego County Sheriffs Department Attention: Susan Willy, Manager Wireless Services Division 5555 Overland Avenue, Suite 5105 San Diego, CA 92123 If you have any questions or concerns regarding the amendment, please contact Susan Willy at (858) 694-3953 or by e-mail at susan.willy@sdsheriff.org. Sincerely, Susan Willy, M, SW:lst Enclosure (3) Board of Directors SAN DIEGO COUNTY- IMPERIAL COUNTY Chief Kevin Crawford, City of Carlsbad Fire Department (Chair) - Commander Mike McNally, San Diego Sheriff Dept (Vice Chair) Chief Tom Zoll, Carlsbad Police Dept - Herman Reddick, OES, County of San Diego Chief Bob Pfohl, Viejas Fire- AH Zolfaghari, CaHrans Timothy Purvis, Poway Unified School District - Undersheriff Fred Miramontes, ICSO Charles Beard, IVECA - Chief Chris Hall, IVECA - Chief Mark Gillmore, IVECA COUNTY OF SAN DIEGO BOARD OF SUPERVISORS TUESDAY, MAY 5, 2009 MINUTE ORDER NO. 2 SUBJECT: SHERIFF - AMENDMENT TO THE REGIONAL COMMUNICATIONS SYSTEM PARTICIPATING AGENCY AGREEMENT (DISTRICTS: ALL) OVERVIEW: The Regional Communications System (RCS) Participating Agency Agreement dated March 7, 1995, between the County of San Diego and participating cities and jurisdictions will expire on March 6, 2010. This is a request to approve the recommendation of the RCS Board of Directors to extend the term of the RCS Agreement to March 31, 2013, in order to allow sufficient time to assess future regional public safety communications requirements and develop plans for a replacement system. FISCAL IMPACT: The estimated annual cost to operate and maintain the RCS is $5,600,000 of which the County pays approximately $2,100,000 and non-County RCS agencies pay $3,500,000. This extension will not result in a change in overall costs for the RCS program or change the participating agencies' share in the costs. BUSINESS IMPACT STATEMENT: N/A RECOMMENDATION: SHERIFF Approve and authorize the Clerk of the Board to execute an amendment extending the term of the Regional Communications System Participating Agency Agreement to March 31, 2013, on behalf of the Board of Supervisors. ACTION: ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board took action as recommended, on Consent. AYES: Cox, Jacob, Slater-Price, Roberts, Horn 5/05/09 0 State of California) County of San Diego) § I hereby certify that the foregoing is a full, true and correct copy of the Original entered in the Minutes of the Board of Supervisors. THOMAS J. PASTUSZKA Clerk of the Board of Supervisors By Marvice ETMazyck, Deputy 5/05/09 AB# J3D&8 MTG. 3/ai/oS DEpT C\m OF CARLSBAD - AGE —^^^ ... _ TITLE: FIR/POL CONSENT TO PARTICIPATE IN SAN DIEGO COUNTY REGIONAL 80O MHz COMMUNICATIONS SYSTEM o U2 8 approving a budget for County Service Area RECOMMENDED ACTION: Adopt Resolution No. ^g- (CSA) No. 135 and Zone A, requesting the levy of benefit charges for CSA No. 135 for the inclusion of the City of Carlsbad in the regional public safety 800 MHz radio communication system (Exhibit 1, p. 6 and Exhibit A & B to theResolution, pgs. 8-11). Approve and authorize the Mayor to execute the Regional Communications System Agreement on behalf of the City Council, (Exhibit 4, p. 14). ITEM EXPLANATION: The purpose for the Regional 80O MHz Radio System is to develop regional communications capabilities to cope with potential disaster and major events, to improve inter-agency and intra-agency communications and to provide theneeded technology for all participants to meet their communications needsfor the future. The Regional 800 MHz Radio System will serve essential public safetyagencies as well as the day-to-day operations of public service agencies. Thissystem has been in the developmental stage for several years and will encompass San Diego County, Imperial County, and the portion of Riverside County covered by CALTRANS District 11. Staff believes that implementation of the communications system as proposedis what's best for the citizens of Carlsbad and should result in significantimprovement in San Diego County and Imperial County's ability to respond to citizen requests for service and to react to major disasters. On February 15, 1994, the City of Carlsbad adopted Resolution No. 94-59. approving the Resolution of Consent for the inclusion of the City of Carlsbad in a proposed County Service Area to participate in a regional communicationssystem (Exhibit 6, p. 38). It was the intent of the County to fund the Infrastructure and Backbone of thesystem via a County Service Area (CSA) which establishes a service fee for each property parcel in each participating jurisdiction as well as county areas. In addition to the service fee for the infrastructure and backbone, the City of Carlsbad will need to fund communications equipment and radios for localuse. This funding will be accomplished by establishing the City of Carlsbadproperty parcels as a "zone" of the County Service Area and to include anadditional property assessment to cover those costs. On June 21, 1994, the Board of Supervisors approved the financing plan for the Regional Communications System subject to the formation of the CSA. Additionally, the Board directed the Chief Administrative Officer to negotiate Agreements With participating agencies and return for final approval. Page 2 of AB # A Local Area Formation Commission (LAFCO) hearing was held on October 3, 1994, to judge whether the Regional Communications System request for the formation ofa CSA was appropriate. After hearing comments, the LAFCOboard passed the request unanimously and forwarded a recommendation to the Board of Supervisors for a public hearing. The 30 day LAFCO appeal period ended on November 3, 1994, with no appeals having been filed. On December 6, 1994, the Board of Supervisors adopted a resolution to form CSA No. 135, which includes all the territory in the County of San Diego, excepting the following cities: Chula Vista, Coronado, El Cajon, Escondido, La Mesa, National City, Oceanside, San Diego, and Santee. The Board also formed 12 zones including the nine cities and three fire districts which had adopted* resolutions of consent. The Board deleted 2one J which encompassed the unincorporated areas of San Diego County and choseto fund their portion through Teter Fund Reserves. The Zones are as follows: CSA Zone A, City of Carlsbad. CSA Zone B, City of Del Mar. CSA Zone C, City of Encinitas. CSA Zone D, City of Imperial Beach.CSA Zone E, City of Lemon Grove.CSA Zone F, CityofPoway. CSA Zone G, City of San Marcos.CSA Zone H, City of Solana Beach. CSA Zone I, City of Vista. CSA Zone K, Borrego Springs Fire Protection District. CSA Zone L, East County Fire Protection District. CSA Zone M, Lakeside Fire Protection District. All future annexations of territory to the above cities will automatically be included in the zone of the respective city and. if applicable, detached fromthe unincorporated zone. In addition, all future annexations of territory to theabove fire protection districts will also be automatically included in the zone of the respective fire protection district. FISCAL IMPACT: The estimated one-time costs of implementing the proposed regional 800MHz trunked radio system backbone is approximately $28 million, whichdoes not include the cost of individual city equipment. As proposed, the costof the trunked radio backbone, data backbone, and microwave system would be financed through the CSA. This approach was selected because it will minimize the fiscal impact of theprocurement on the participating agencies and distribute costs to areas thatwill benefit from the system implementation. In addition, the cost of agency user equipment can be included in the CSA that will allow agencies with limited access to funds to purchase equipment. Page 3 of AB # This proposal requires the City Council to Adopt Resolution No.approving a budget for CSA No. 135 and requesting the levy of benefit chargesfor CSA No. 135 for the inclusion of the City of Carlsbad in the regional publicsafety 800 MHz radio communication system. This assessment, when analyzed over the entire city, produces an estimated single-family parcel assessment of $22.89 per year. This parcel assessment will be dependent on the rate of interest acquired at the time of bondissuance and would be levied with the 1995-96 tax bill, All costs are displayed with the assumption of amortized money at 7 percent. Carlsbad's share of the initial costs to fund the system is $5,225,610,amortized over 15 years = $9,991,975. In addition, an annual backbone maintenance fee of $99,000 is needed x 15 years = $1,485,000. The approximate total cost for the system over 15 years is $11,476,975. The totalannual cost is $666,131 per year over the 15 year term. The following is a breakdown of the three main areas to be financed: 1. Radio Backbone and Microwave The estimated share to Carlsbad for the system backbone (mountain top sites and microwave links to dispatch centers) is $1,590,132. This can be paid up front from city sources, or as recommended through the establishment of a CSA parcel based fee. The attached schedule shows the cost to all parcels, with the estimated cost per year for a single family residence being d>5.89 for backbone expenses. 2. Data Backbone/AVL and User Equipment The estimated cost for the data backbone, Automatic Vehicle Locater (AVL), dispatch center upgrades and Carlsbad specific equipment such as vehicle and hand-held radios is $3,635,478. If not paid directly fromexisting city sources, this cost can be borne by the locaf Carlsbad, Zone Aof CSA No, 135. The cost for this portion per single-family residence isestimated to be $13.59. 3. Backbone Maintenance The estimated cost for annual maintenance which includes radios,backbone system and an appropriate reserve fund for emergencies is $25 per radio, per month. For Carlsbad this totals $99,000 annually. Themaintenance cost per single-family residence added to the Carlsbad, Zone A of CSA No. 135, is estimated at $3.40. The total estimated cost of all three expense areas per single-family residence would be $22.89 paid annually on the tax roll to CSA No. 135 (See Exhibit 2, p. 12). Page 4 of AB # '"*, O&>9 If Carlsbad decides to use the local Zone A, of CSA No. 135 to finance its user equipment, it has options on how to set up the local Zone budget, The city can adopt a different parcel cost allocation formula for local Zone A costs, or use the countywide backbone formula. Carlsbad could also choose to not use the countywide backbone formula at all and adopt a formula of its own to coverboth costs. If this occurs, the debt for Tbackbone expenses would be considered a lump sum payment made by the local Zone of CSA No. 135. The Carlsbad City Council will control the rate structure and budget for the localzone, and the Board of Supervisors will set the backbone CSA rates submitted to them by the Regional Communications Board. There are other financing options for this proposal other than therecommended use of a CSA parcel based assessment. Carlsbad could pay some, or all, of its regional 800 Mhz costs from local sources such as reserves or local debt financing. However, staff believes the Regional Communications Board will get excellent bond rates if it finances the whole system including the Sheriffs equipment along with backbone system expenses. If city reserves are used to fund our costs, the result is reduced flexibility for other city ofCarlsbad needs that do not have the option of funding through a CSA. Staff recommends the use of the countywide CSA rate structure for both backbone and local zone costs. The table in Exhibit A to Exhibit 1, p. 8 & 9, illustrates the annual per parcel assessment for each type of property use andassumes the CSA picks up the entire cost. ORDINANCES AND BENEFIT CHARGES Government Code Section 25210.77(a) provides authority for the Board of Supervisors to fix and collect charges on the tax roll for miscellaneousextended services and implementation requires an Ordinance. An annualreport listing the charges for each parcel and public hearing by the Board are also required. The procedures occur annually at the end of July or the beginning of August. Ordinances for the CSA and Zones for the nine cities and the unincorporatedarea are part of the Board action. Ordinances presented for adoption for theCSA and ten Zones have the formula as listed in Exhibit A, to Exhibit 1, p. 8 &9. The formula for mobile homes assures that they will not be double charged by not charging mobile homes renting space in a mobile home park. The owner of the park would be charged according to the number of spaces. The formula also provides that agricultural land would only be charged for dwelling units. There is no other charge for agricultural land. Since the size of parcels vary so greatly for the mining and recreational uses, the formula proposes an acreage charge rather than a flat parcel charge. Page5ofAB# l?t Otsfl GOVERNANCE The Board of Directors, San Diego County staff, Imperial County staff,CALTRANS, and agencies with San Diego County have collaborated for more than a year and a half to forge a Regional Communications System Agreement that is in the best interests of all the participating parties. As required by California law, the Board of Supervisors has the ultimate legal and fiscal responsibility for the CSA budget. Subject to such ultimate control, the Board of Supervisors on March 7, 1995, delegated the fiscal and operational administration of the Regional Communications System (RCS) to the Regional Communications System Board of Directors by a signed Regional Communications System Agreement, (Exhibit 4, p. 14). The Executive Board of the RCS consists of 15 members representing fire protection and law enforcement agencies in San Diego and Imperial Counties and would include CALTRANS ana two delegates at large from public service agencies (see list of participating agencies, Exhibit 4, p. 20 & 21) The development of the Agreement, detailing the cooperative manner inwhich the RCS will be governed, marks a pivotal milestone in the most far reaching regionalization endeavor in San Diego County history. Therefore, staff recommends the City Council adopt the attached Resolution approving a budget for CSA No. 135 and requesting the levy of benefit chargesfor CSA No. 135 and Zone A. for the inclusion of the City of Carlsbad in the regional public safely 800 MHz radio communication system; Approve and authorize the Mayor to execute the Regional Communications System Agreement on behalf of the City Council. ATTACHMENTS: Exhibit 1. Resolution approving a budget for the CSA, &?oLu"tsi Exhibit A to Resolution Benefit Unit Breakdown/Backbone Cost Per Parcel or Dwelling Unit. Exhibit B CSA - Zone A Carlsbad proposed 1995-96 Budget Exhibit 2. CSA Cost Breakdown Per Single Family Resident Exhibit 3. Zone 'A' Equipment List and Component Costs Per Department Exhibit 4. Regional Communications System Agreement Exhibit 5. Resolution No. 94-59 EXHIBIT 1 RESOLUTION NO. 95"69 1 2 Z 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A BUDGET FOR COUNTY SERVICE AREA 135 AND REQUESTING THE LEVY OF BENEFIT CHARGES FOR COUNTY SERVICE AREA No. 135 WHEREAS, the Council recognizes the importance of regional communications to mutual aid assistance and coordination in the event of a disaster; and WHEREAS, the Council adopted a resolution on February 15, 1994, requesting inclusion of Carlsbad in a county service area to be formed to provide regional public safety and public service communications; and WHEREAS, the County Board of Supervisors has formed County Service Area No. 135 for the purpose of funding the Regional Communications System; and WHEREAS, the County Board of Supervisors has established Zone A of County Service Area No. 135 coterminous with the city boundaries for city specific requirements; and WHEREAS, the Council has reviewed the proposed budget for the 1995-96 fiscal year; and WHEREAS, the expenditures appear to be necessary for the proper operation of the Regional Communications System. THEREFORE, BE FT RESOLVED by the City Council of the City of Carlsbad, that the City of Carlsbad: 1. Requests the Board of Supervisors to adopt an ordinance providing a procedure for fixing and collecting charges on the tax roll for miscellaneous extended services provided by County Service Area 135 - Regional Communications System at a rate not to exceed $1 per unit ($7 per single family dwelling);, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Requests the Board of Supervisors to adopt an ordinance providing a procedure for fixing and collecting charges on the tax roll for miscellaneous extended services provided by County Service Area No. 135 - Zone A. City of Carlsbad: and 3. Determines that units shall be assigned to each parcel in proportion to the estimated benefit received by that parcel, that parcels not benefiting from the service shall not be assigned units of benefits, and that the estimated benefit received shall be calculated at the rate shown in Exhibit A, attached; and 4. Approve the proposed budget as submitted and direct it to be forwarded to the County of San Diego for implementation. Exhibit B; and 5. Fund the budget for County Service Area No. 135 - Zone A with benefit charges not to exceed $2.43 per unit. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, California, this 2ist day of MARCH 1995, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: S, Mayor X ALETHA L. RAUTENKRANZ, City C)erk (SEAL) BENEm UNIT BREAKDOWN/BACKBONE PARCEL Exhibit A to Resolution Parcel Type RESIDENTIAL Timeshare Mobilehome* Vacant Residential Single Family Residence Duplex or Double Res. 2-4 units/2 houses Res. 5-1 5 units Res. 16-60 units Res. 61 units and up Condominium Co-op Misc. Residential COMMERCIAL Vacant commercial 1-3 Story Misc. Store Bldgs. 4 Story + Office/Stores Regional Shopping Center Community Shopping Center Neighborhood Shop Center Hotel, Motel Service Station Med., Dental, Animal Hosp. Conv. Hosp. Rest Home Office Condominiums Parking Lot, Gar., Used Cars Trailer Park* Theater Bowling Alley Restaurant CarWasn Large Chain Grocery/Drug Auto Sales/Service Agency Misc. Comm., Radio Station, Bank INDUSTRIAL Vacant Industrial Factory - Light Manual Factory - Heavy Manual Warehouse - Process./Storage Bulk Storage (Tanks, etc.) Extractive and Mining Small Automotive Garage Industrial Condos Spec./Misc. Industrial Benefit Units .5/DU 4/DU 4/PCL 7/DU 6/DU 6/DU 6/DU 6/DU 6/DU 6/DU 6/DU 6/DU 8/PCL 16/PGL 16/PCL 20/PCL 20/PCL 20/PCL 20/PCL 20/PCL 20/PCL 20/PCL 6/PCL 9/PCL 4/DU 20/PCL 20/PCL 20/PCL 20/PCL 20/PCL 20/PCL 20/PCL 12/PCL 20/PCL 20/PCL 20/PCL 20/PCL Formula 20/PCL 6/PCL 1 4/PCL Benefit Cost Unit $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 Annual Backbone Cost Per Parcel $0.42 $3.36 $3.36 $5.88 $5.04 $5.04 $5.04 $5.04 $5.04 $5.04 $5.04 $5.04 $6.72 $13.44 $13.44 $16.80 $16.80 $16.80 $16.80 $16.80 $16.80 $16.80 $5.04 $7.56 $3.36 ' $16.80 $16.80 $16.80 $16.80 $16.80 $16.80 $16.80 $10.08 $16.80 $16.80 $16.80 $16.80 Formula $16.80 $5.04 $11.76 BENEFIT UNIT BREAKDOWN/BACKBONE O PARCEL Parcel Type AGRICULTURAL Vacant Irrigated Citrus Avocados Vines Misc. Trees Livestock Poultry Misc. Irrigated Crops Growing Houses SpecialMisc. Irrigated Non-Irrigated 1-10 AC Non-Irrigated 11 -40 AC Non-Irrigated 41 -160 AC Non-Irrigated 161 -360 AC Non-Irrigated 361 AC and up INSTITUTIONAL Vacant Institutional Church Church Parking/Related Cemetery** Mausoleum Mortuary Public Bldg. (Fire, School, Library) Hospital Spec./Misc. Institutional RECREATIONAL Vacant Recreational Meeting Hall, Gym Golf Course Marina, Dock*** Recreational Camps Non-Tax Recreational Open Space Easements Agr. Preserve (No Contract) Agr. Preserve (Contract) SpecVMisc. Recreational Vacant Tax. Govt. Prop. Imp. Tax Govl. Prop. DU: Dwelling Unit 'Exclude Mobilehome Coaches "Force Exempt Cemetaries to 0 Benefit Units 7/DU 7/DU 7/DU 7/DU 7/DU 7/DU 7/DU 7/DU 7/DU 7/DU 7/DU 7/DU 7/DU 7/DU 7/DU 8/PCL 14/PCL 9/PCL Formula 14/PCL 14/PCL 14/PCL 14/PCL 12/PCL Formula 1 8/PCL Formula 1 8/PCL Formula 0 0 7/DU 7/DU 1 8/PCL 0 0 PCL: Parcel Benefit Cost Unit $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 $0.84 Formula: 1/PCLif<10AC Annual Backbone Cost Per Parcel $5.88 $5.88 $5.88 $5.88 $5.88 $5.88 $5.88 $5.88 $5.88 $5.88 $5.88 $5.88 $5.88 $5.88 $5.88 $6.72 $11.76 $7.56 Formula $11.76 $11.76 $11.76 $11.76 $10.08 Formula ' $15.12 Formula $15.12 Formula $0.00 $0.00 $5.88 $5.88 $15.12 $0.00 $0.00 Formula: 2/PCL if <20 AC else 3/PCL '"Force for Time Share Boat Slips )NECSA 135 - ZONE 'A1 CARLSBAD PROPOSED 19W-96 BUDGET - EXHIBIT B A. BUDGET RE( Appropriations: CSA Administrat: Data Processing Audit Fee Reserves JUIREMENTS on Total Budget Required: | B. MEANS OF FINANCING Carryover of Unspent Funds Benefit Charges Total Funding C. HISTORY OF Fiscal Year lyys-yo (ts r.) UESCKIFTION *. BENEFIT CHi Total Amount of Levy $4y4,f>2U.UU >F WORK: 'IA> Service Area Administration (2315): Data Processing (2314): Au<uthee(iJ4U): uenerai Keserve: Total Budget Req MNANC1INU: Funding Sources ir ulred: i jyyi-yo other than benefit charges: ACTUAL EXPENDITURES 1993-94 $0 $0 $0 $0 $0 $0 $0 $0 \RGES Total Benefit Units 2U3.725 NK 'A', t'/Y July 1, 1 Est, Unused funds from the Current B Est. Assets not used to fund the Curre Total Funds on Hand: Estimated amount to be raised by Benefit Charges - Govmt. Code 25210.77 (a): RESERVE/LOAN STATUS: Fiscal Status of District at end of Current Fiscal Year CURRENT BUDGET 1994-95 $0 $0 $0 $0 $0 $0 $0 $0 Cost per unit $2.43 95ToJune3U, iy udget: nt Budget: Amount in General Reserve Account: PROPOSED BUDGET 1995-96 $1,000 $2,500 $0 $491,120 $494,620 $0 $491,120 $494,620 ta $1,000 $2,500 W $4yi,12U $4y4,62U SO $0 $0 $494,620 $0 10 ffimmig of COUNTY ENGINEER COUNTY AIRPORTS TOMGAR.BAY - DEPARTMENT OF PUBLIC WORKS FAX; (61 9) 268*0461 WASTEWATER MANAGEMENT LOCATION CODE S50 5555 OVERLAND AVE, SAN DIEGO, CALIFORNIA 921 23-1 295 SOLID WASTE January 17, 1995 Dear Zone Representatives: COUNTY SERVICE AREA (CSA) 135 - REGIONAL 800 MHZ RADIO SYSTEM Since this is the first time a budget will be prepared for the Regional 800 MHz Radio System and participating zones, we wanted to tell you about how the proposed budget was determined. We also wanted to let you know about the processing of subsequent year budgets . These are the costs incurred in administering the CSA and your zone. Administrative tasks may include: (1) preparing the budget, (2) reviewing accounting documents, (3) attending meetings, (4) answering telephone inquiries, (5) preparing correspondence, and (6) preparing benefit charges for the tax bill. Administrative tasks performed by the Department of Information Services will be included in the CSA 135 800 MHz Backbone budget. Please be aware that we only charge administrative expenses when they have been incurred. Any amount not spent remains with your zone. Data Processing These are the costs incurred in processing benefit charges. The amount budgeted was based on like-sized Independent Districts. Data processing tasks may include: (1) generating early computer runs to help the CSA and zones identify trailer parks, (2) processing changes, and (3) generating the final tape to submit to the Auditor for inclusion of benefit charges on the tax bill. Audit A yearly audit of the prior year is done by the County's Auditor and Controller Office and is mandated by State of California Government Code Section 26909. This law states that audits must be completed and financial statements be filed with the State Controller's Office annually. Therefore, if you have a budget this year, there will be an audit fee included on next year's budget. The amount budgeted will be provided by the Auditor's Office based on number of hours required for the audit. Those CSAs with loans and or fixed assets should expect to pay a higher audit fee. Audit fees for 1995-96 ranged between $220-$350. O Printed on recycled paper -2- January 17, 1995 Number of Benefit Units The number of benefit units was based on the formula that your governing bodies are being asked to approve. Cost per Benefit Unit The estimated cost per benefit unit was based on the amount requested by each zone and the additional charges referred to above. The budget was prepared using benefit charges as the only means of financing. If city contributions (to the zone only) were available, the amount to be raised by benefit charges would decrease thereby causing the amount per benefit unit to decrease. In future years fund balance may be available because any funds not used to finance the current year budget will be carried over to help finance the following fiscal year's budget. If you have any questions, please call Dawn Knaggs of the Special Districts Section at (6i9) 694-2198. Very truly yours, ANNC.HICKS D. A. HOLMES, Deputy Director, Acting epartment of Public Works DAH:DHK:dmk -2- January 17, 1995 Number of Benefit Units The number of benefit units was based on the formula that your governing bodies are being asked to approve. Cost per Benefit Unit The estimated cost per benefit unit was based on the amount requested by each zone and the additional charges referred to above. The budget was prepared using benefit charges as the only means of financing. If city contributions (to the zone only) were available, the amount to be raised by benefit charges would decrease thereby causing the amount per benefit unit to decrease. In future years fund balance may be available because any funds not used to finance the current year budget will be carried over to help finance the following fiscal year's budget. I£ you have any questions, please call Dawn Knaggs of the Special Districts Section at (619) 694-2198. Very truly yours, ANNCHICKC,"' D- A. HOLMES, Deputy Director, Acting of Public Works f DAH:DMK:dmk EXHIBIT 2 s 5 fcsa2 H I •sss I I \ C<S»5•<c. J,c fc v 1 < I« I I 8 ..S m cs • " " »o"1 g^- •s „ e 1| S 8 '8 "£ •< >< ££ £ # , B 1 -1 £ I EdU 1W < § O 2u < EXHIBIT 3 11 o CO si- 8 " in CO 8 CO z S i LU o E a>n WUl iu u Uia eit i111 Q (0 Ul a GC Oc uiQ.in g§o £55 i c/5 1 U EXHIBIT San Piego County - Imperial County Regional Communications System Agreement Between the County of San Diego and Participating Cities and Jurisdictions Regarding the Implementation, Governance, Method of Funding and Costs of a Regional Radio System Providing Communication Services to Public Safety and Public Service Agencies Operating in San Diego County and Imperial County. March 7, 1995 Mr. Dennis J. Van Der Maaten, Fire Chief City of Carlsbad SanDtego County-lmpartalCounty _ _ . _ . -^ fegk>nalC«itiiiwii<3ti«ieSy<>t«nSan Diego County - Imperial County REGIONAL COMMUNICATIONS SYSTEM AGREEMENT Table of Contents SECTION SUMMARY PAGE 1. Purpose and Intent of Agreement 1 2. Regional Communications System (RCS) Overview 1 3. Agreement Contingencies 2 4. RCS Participants 2 5. Additional Participants 2 6. Performance Requirements 3 7. RCS Access Priorities 3 8. RCS Governance 3 9. Roles and Responsibilities 4 10. RCS Member Board 4 11. RCS Board of Directors 5 12. Representation on the RCS Board of Directors 7 13. RCS Board of Directors Terms and Qualifications 8 14. Attendance and Participation by the Public 9 15. RCS Voting Requirements 9 16. Department of Information Services Support Staff Role 9 17. Agency Costs and CSA Benefit Charges 10 18. Point of Demarcation - Responsibility of Equipment 13 19. Purchase of RCS Compatible Equipment 13 20. Term of Agreement; Entire Agreement 13 21. Agreement Modification 13 22. Termination of Agreement 14 23. Binding Arbitration 14 Signatures Authorizing Signatures of Governing Parties 15 - 18 Exhibit ' Exhibit B Exnibit ExhibWD Parties to the Agreement Estimated Agency One-Time Costs (Voice and Data) Example of Estimated Post Agreement Start-up Costs RCS Governance Structure Flow Chart San Diego County— Imperial County REGIONAL COMMUNICATIONS SYSTEM Participating Agency Agreement 1. Purpose and Intent of Agreement 1.1. This Memorandum of Agreement dated as of March 7, 1995, between the parties named in Exhibit "A" and the County of San Diego, a political subdivision of the State of California, provides for the development and operation of a Regional Communications System (RCS) benefiting the radio communication needs of public safety and public service agencies operating in the counties of San Diego and Imperial. 1.2. Nothing in this Agreement is intended to lessen participating member jurisdictions' authority over and responsibility for events occurring within their jurisdiction. 1.3. In order to provide an alternate source of funding for agencies participating in the RCS, the County of San Diego has formed County Service Area (CSA) 135 pursuant to Government Code (GC) Section 25210.1 et. seq. 1.4. For participating agencies deciding to use CSA 135 to fund their system costs, the County intends to levy parcel charges according to benefit per §25210.77aGC. NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 2. Regional Communications System (RCS) Overview 2.1. The RCS will replace the participating public service and public safety agencies' existing radio communication systems throughout San Diego and Imperial counties with a modern, trunked radio system. 2.2. The RCS will include a separate Mobile Data System (MDS) that will be used to transmit data for regional public safety and public service users over 800 MHz radio frequencies dedicated to that purpose. Participation in the MDS is not mandatory, and the MDS coverage area will be subject to agency participation. 2.3. The RCS shall provide effective and reliable radio communications for routine intra-agency operations as well as inter-agency communications throughout the region during mutual aid and disaster operations. Public safety and public service agencies throughout the counties of San Diego and Imperial will have the opportunity to join the RCS. 2.4. For the purposes of this Agreement, Public Safety and Public Service agencies are defined to include: ^^B ^^H San Pifigo County -Imperial County Participating Agency Agreement Regional Communications System 2.4.1. PuW/c Safety includes all law enforcement, fire service, EMS and disaster preparedness agencies in San Diego County and Imperial County. 2.4.2. Public Service includes the State of California Department of Transportation (CALTRANS) District 11 and other participating agencies in the counties of San Diego and Imperial whose primary responsibility is providing citizens with services other than law enforcement, fire service and disaster preparedness. 2.5. All law enforcement, fire service, disaster preparedness and participating public service agencies in San Diego County and Imperial County shall have access to mutual aid communications capabilities. 2.6. Communications with agencies that have installed their own 800 MHz radio systems shall be facilitated via interfaces to the RCS. 3. Agreement Contingencies This agreement is void unless financing for the radio system infrastructure is approved by the San Diego County Board of Supervisors and the necessary financing closes. As to the County of Imperial, this Agreement shall terminate if a CSA or other funding mechanism for communications purposes is not established within two years of the date of this Agreement. 4. RCS Participants 4.1. The RCS shall be designed to support the requirements of San Diego and Imperial county public safety and designated public service participants. 4.2. CALTRANS radio requirements shall be supported throughout District 11, which includes the counties of San Diego and Imperial in their entirety. 4.3. All participants shall receive equitable representation on the Regional Communications System Member Board (RCS Member Board) as set forth in this Agreement. 4.4. As part of implementing this agreement, participating agencies shall co- license or transfer their currently allocated 800 MHz frequencies to the County of San Diego for use in the RCS. 4.5. No actions by the RCS Board of Directors, by the County of San Diego or by the County of Imperial may be so broad in nature that they negatively affect or impact the operational or legal integrity of its individual member agencies. 5. Additional Participants 5.1. As system capacity permits, the RCS Board of Directors may approve other agencies joining the RCS on a case-by-case basis after the date of this Agreement. 5.2. Priority consideration shall be given to agencies with licensed, public safety/public service 800 MHz frequencies that can be co-licensed or trans- March 7,1995 Page 2 San Diego County-Impfiriil County Participating Agency Agreement ferred to the RCS, if such action can result in enhanced radio communications capabilities for all participants. 6. Performance Requirements 6.1. The RCS shall be designed to provide a high level of service and responsiveness, with region-wide coverage and capacity for all planned users throughout the term of this Agreement. 6.2. The RCS design objectives for the performance of portable and mobile voice and data radio equipment, and the quality of coverage provided shall be determined by the RCS Board of Directors and appropriate County of San Diego staff. 6.3. The RCS shall be designed to meet the loading requirements of the anticipated busiest hour for all planned users over the life of the system. 6.4. The actual RCS coverage plan shall be determined by the RCS Board of Directors. 7. RCS Access Priorities 7.1. In the event that all radio channels in the RCS are busy, users wanting to speak shall be prioritized as follows, regardless of how long they have been waiting. 7.1.1. Priority One — Emergency Identification. An Emergency Identification is defined as the message received when a public safety member calls for immediate assistance by activating an emergency button or switch on the user radio equipment. 7.1.2. Priority Two — Public Safety 7.1.2.1. Public Safety includes the normal daily radio transmissions of law enforcement, fire service, paramedic providers and disaster preparedness personnel using the RCS. 7.1.2.2. Public Safety also includes RCS users whose normal lower priorities have been temporarily changed to resolve an unusual occurrence or large scale disaster. 7.1.3. Priority Three — Non-Public Safety, Special Event Non-Public Safety, Special Event includes planned events involving public service agency participants that are beyond the scope of their normal daily operations. 7.1.4. Priority Four — Non-Public Safety, Regular. Non-Public Safety, Regular includes the normal daily radio transmissions of public service agencies using the system. 8. RCS Governance March 7,1995 Page 3 Regional Comttiuniaationa System -'$ San Die^o County-Imperial County Participating Agency Agreement 8.1. The overall goal in governing the RCS shall be to establish an operational and management structure that will provide authority to participants during the RCS's development and in the subsequent ongoing administration and management throughout the term of this agreement. Exhibit "D" depicts an RCS governance flowchart. 8.2. The RCS Member Board and the RCS Board of Directors are established by this Agreement, the duties and responsibilities of which are set forth in §10 and §11. 8.3. The governance objectives include: 8.3.1. Provide a structure which retains administration and fiscal responsibility of the system in the control of the participating agencies. 8.3.2. Allow the use of a CSA funding mechanism. 8.3.3. Establish an organization which facilitates decision making. 8.3.4. Leverage resources where appropriate. 8.3.5. Develop an organization which will remain flexible and meet the needs of the participants over the term of the agreement. 9. Roles and Responsibilities As required by the California CSA law, the San Diego County Board of Supervisors shall have ultimate legal and fiscal control over the RCS. Subject to such ultimate control, the Board of Supervisors shall delegate the fiscal control and operational administration of the RCS to the RCS Board of Directors. 10. RCS Member Board 10.1. Each of the parties to this Agreement desires to participate in the governance of the RCS as a member of the Regional Communications System Member Board to be formed under the provisions of this Agreement. 10.2. The Regional Communications System Member Board shall have re- sponsibility for, and shall provide administration of components of the RCS that are common to all participating agencies. 10.3. Each participating agency shall appoint one representative to serve on the RCS Member Board. Representatives to the RCS Member Board shall serve at the pleasure of their respective appointing authority. 10.4. A participating jurisdiction with multiple agencies whose public safety and service radio communication needs are being met by the RCS shall be entitled to one representative on the RCS Member Board for each type of agency. (I. E., a participating city whose police and fire departments use the RCS shall have a RCS Member Board representative from each department.) March?, 1995 Page 4 Regional Communications System .1 San Diego County-Imperial County Participating Agency Agreement 10.5. The RCS Member Board shall be responsible for recommending operational changes and for participating in other committees, or in other ways deemed appropriate by the RCS Board of Directors. 10.6. The RCS Member Board shall be responsible for approving the annual budget. 11. RCS Board of Directors 11.1. The RCS Board of Directors shall be composed of RCS representatives of each type of participating public safety/public service agency. 11.2. Members of the RCS Board of Directors shall be determined in the following manner, according to the type of agency. 11.2.1. San Diego County: 11.2.1.1. The delegate from the San Diego Sheriffs Department shall be the Sheriff or the Sheriffs designate. 11.2.1.2. The representative for the County of San Diego shall be the Chief Administrative Officer (CAO) or the CAO's designate, preferably from the Office of Disaster Preparedness. 11.2.1.3. The municipal police representative shall be a police chief or designate from RCS member agencies who shall be selected by the San Diego County Police Chiefs and Sheriffs Association. 11.2.1.4. The municipal fire representative shall be a fire chief or designate from RCS member agencies who shall be selected by the San Diego County Fire Chiefs Association. 11.2.1.5. The fire district representative shall be a fire chief or designate from RCS member agencies who shall be selected by the San Diego County Chapter, Fire Districts Association of California. 11.2.1.6. The North County Dispatch Joint Powers Authority (•JPA) representative shall be a fire chief or designate from RCS member agencies who shall be selected by the North County Dispatch JPA governing body. 11.2.1.7. The Heartland Communications Facility JPA (HCFA) representatives shall be designates from RCS member agencies who shall be selected by the HCFA governing body. 11.2.2. Imperial County: 11.2.2.1. The delegate from the Imperial County Sheriffs Office shall be the Sheriff or a designate. March 7,1995 Pages fejioral Communications System San Diego County-Imperial County Participating Agency Agreement Regional Commuiifeatlonfi System 11.2.2.2. The representative for the County of Imperial shall be the CAO or a designate. 11.2.2.3. The municipal police representative shall be a police chief or designate from RCS member agencies who shall be selected by the Imperial County Police Chiefs Association. 11.2.2.4. The municipal fire representative shall be a fire chief or designate from RCS member agencies who shall be selected by the Imperial County Fire Chiefs Association. 11.2.2.5. The fire district representative shall be a fire chief or designate from RCS member agencies who shall be selected by the Imperial County Chapter, Fire Districts Association of California. 11.2.3. The representative for CALTRANS shall be a designate selected by appropriate state authority. 11.2.4. This Agreement provides for the addition of two public service members of the RCS Board of Directors, to be added when public service agencies join the RCS. 11.3. The RCS Board of Directors shall be responsible for the overall administration and direction of the RCS through interaction with the San Diego County Board of Supervisors, the assigned San Diego County staff and the RCS Member Board. 11.4. Specific responsibilities of the RCS Board of Directors shall include: 11.4.1. Formulating the annual budget and submitting it to the RCS Member Board for approval. 11.4.2. Identifying participating agency needs and requirements. 11.4.3. Establishing subcommittees as necessary to ensure the interests and concerns of each user agency are represented and to ensure technical issues are thoroughly researched. 11.4.3.1. The RCS Board of Directors shall establish a committee of MDS user agencies to administer the MDS and to make appropriate recommendations. 11.4.3.2. If all RCS user agencies are MDS participants, administration of the MDS shall revert to the RGS Board of Directors. 11.4.4. Monitoring the implementation of the RCS. 11.4.5. Reviewing and adopting recommendations regarding the establishment of system priorities and talk groups. 11.4.6. Developing and approving RCS operating policies and proce- dures. March 7,1995 Page6 ^^P ^^B San Diego County - Imperial County Participating Agency Agreement Regional Communications System 11.4.7. Overseeing the establishment of long range plans. 11.4.8. Overseeing scheduled system reviews at intervals determined by the RCS Board of Directors, but not to exceed three years. 11.4.9. Budgeting and approving the disbursement of money from all CSA135 funds. 11.4.10. Making recommendations to the San Diego County Board of Directors regarding the inclusion of additional RCS participants. 11.4.11. Addressing concerns of participating agencies. 11.4.12. Adopting appropriate actions to adjust RCS policies or procedures. 11.4.13. Adopting by-laws to govern the RCS Board of Director's internal operations. 11.4.14. Meeting quarterly or more frequently, if necessary. 11.4.15. Appointing a new Chairperson annually. 11.4.16. Conducting an annual fiscal audit. 11.4.17. Conducting periodic RCS audits. 11.4.18. Discharging other duties as required by statute. 12. Representation on the RCS Board of Directors 12.1. As of the date of this Agreement, the following types of agencies shall be represented by appointment to the RCS Board of Directors: 12.1.1. San Diego County: 12.1.1.1. Sheriffs Department 12.1.1.2. County Representative (Office of Disaster Preparedness) 12.1.1.3. Municipal Police 12.1.1.4. Municipal Fire 12.1.1.5. Fire Districts 12.1.1.6. North County Dispatch Joint Powers Authority 12.1.1.7. Heartland Communications Facility Joint Powers Authority 12.1.2. Imperial County: 12.1.2.1. Sheriffs Department 12.1.2.2. County Representative 12.1.2.3. Municipal Police 12.1.2.4. Municipal Fire March?, 1995 Page 7 * ^H ^^ San DiesoCouirtj-Imperial County Participating Agency Agreement Regional Comimniiatioin Syrtan 12.1.2.5. Fire Districts 12.1.3. CALTRANS 12.1.4. Public Service agencies shall select two delegates at large. 13. RCS Board of Directors Terms and Qualifications 13.1. Terms for members of the RCS Board of Directors shall be determined by their appointing authority. All members of the Board of Directors serve at the pleasure of their respective appointing authority. 13.2. The appointing authority shall also select an alternate to the RCS Board of Directors. Alternate members are encouraged to attend regular Board of Directors meetings, but shall vote only in the absence of the regular member. 13.3. Only representatives of agencies participating in the RCS may be selected to the RCS Board of Directors. 13.4. The Chairperson and a Vice Chairperson of the RCS Board of Directors shall be biannually elected by a majority vote of the Directors. During their term, the Chairperson and Vice Chairperson shall serve at the discretion of a majority of the Directors. 13.5. Attendance at Board of Directors meetings: 13.5.1. Members of the Board of Directors are expected to attend all possible meetings to represent their group interests and to help conduct RCS business. Arrangements should be made for the alternate to attend in the absence of the primary representative. 13.5.2. To remain on the Board of Directors, a director may not exceed more than three absences from regularly scheduled Board of Directors meetings during a County of San Diego fiscal year (July 1 through June 30). 13.5.3. If a director exceeds more than the allowable three absences in a fiscal year, the Board of Directors shall request a replacement from the appointing authority unless, because of extraordinary circumstances, the Board of Directors votes to allow one additional absence. 13.5.4. Alternate directors shall be subject to the same requirements for all meetings they are required to attend. 13.5.5. An absence by both the primary director and the alternate director representing the same appointing authority shall be counted against both parties. 13.5.6. By vote of the Board of Directors, a leave of absence may be granted to a primary or alternate director for no more than 180 days. Only one leave of absence may be granted in any twelve month period. March 7,1995 S»n Diego County-Imperial County Participating Agency Agreement 13.5.7. Resignation from the Board of Directors shall be submitted in writing to the chairperson and to the appointing authority. 14. Attendance and Participation by the Public 14.1. Ralph M. Brown Act All meetings of the RCS Board of Directors and RCS Member Board shall be noticed and conducted in accordance with the provisions of the Ralph M. Brown Act (GC §54950 et. seq.). 14.2. Local, state and federal representatives of public safety or service agencies who are not parties to this Agreement may participate in RCS Board of Directors, Member Board or committee meetings as members of the public, but shall not have voting rights. 14.3. Representatives from non-participating agencies may not serve in any official capacity in respect to RCS administration, management or operation. 15. RCS Voting Requirements 15.1. Members of the RCS Member Board, Board of Directors and committees shall vote on all items on the basis of one vote per member. 15.2. A quorum for the conduct of business exists when a majority of the members are present at Board of Directors, Member Board and other committee meetings. 15.3. Actions on all boards and committees shall be determined by a majority vote of members present at a meeting when a quorum exists. 15.4. An agency may not designate another agency to be its proxy. 15.5. In the case of RCS Board of Directors actions, the alternate delegate shall only have a voting right in the absence of the regular delegate. 16. County of San Diego, Department of Information Services (DIS) Support Staff Role 16.1. DIS staff shall serve as an advisory and staff function to the RCS Member Board and RCS Board of Directors, 16.2. DIS staff shall manage the day-to-day operation of the RCS subject to direction from and review by the RCS Board of Directors. 16.3. DIS staff shall provide support as necessary, but shall not have a voting right on any business before the RCS Member Board, the RCS Board of Directors, or any committees. 16.4. DIS staff shall perform the functions necessary to ensure that specific system performance guarantees are maintained throughout the term of the agreement. 16.5. As the manager and operator of the RCS, the Department of Information Services shall have the responsibility to: March 7,1995Pages San Diego County - Imparial CoaMy Participating Agency Agreement 16.5.1. Provide appropriate staff support to the RCS Board of Directors as requested, within budgetary restraints. 16.5.2. Seek RCS Board of Directors approval of major policy decisions related to the RCS. 16.5.3. Develop contracts with vendors and submit to RCS Board of Directors for approval. 16.5.4. Implement the regional 800 MHz public safety voice and data radio systems. 16.5.5. Retain employees and agents. 16.5.6. Acquire, hold or dispose of property necessary to operate the RCS. 16.5.7. Charge participating agencies for expenses incurred in ongoing maintenance and operation of the RCS. 16.5.8. Implement policy. 16.5.9. Monitor and maintain RCS performance. 16.5.10. In conjunction with the RCS Board of Directors, develop and recommend the annual RCS budget. 16.5.11. Reassign RCS priorities in extraordinary circumstances and make emergency repairs as required. 16.5.12. Provide information and support as necessary to the RCS Board of Directors. 16.5.13. Provide operating reports and technical information as necessary to assist the RCS Board of Directors. 16.5.14. Establish and maintain accounts and records, including personnel, property, financial, programmatic and other records deemed necessary by the RCS Board of Directors to ensure proper accounting for all ongoing operations and maintenance costs. 16.5.15. Use the records to justify any adjustment to agency benefit charges. 16.6. The Director of DIS shall provide the RCS Board of Directors timely advance notice of impending personnel changes affecting any management staff assigned RCS responsibilities. 17. Agency Costs and CSA Benefit Charges 17.1. The Department of Information Services shall implement, manage and operate the 800 MHz trunked radio backbone and microwave systems. 17.1.1. Costs for agencies participating at the time the RCS is implemented are reflected in Exhibit "B". MDS participation costs are separate from voice radio system costs. March 7,1995 Page 10 San Diego County-(mpsrisl County Participating Agency Agreement Regional Communications System 17.1.2. Costs for agencies joining subsequent to the implementation of theRCS: 17.1.2.1. The County of San Diego shall assume the costs of implementing the voice and data radio backbone systems in areas where agencies have not committed to RCS participation. 17.1.2.1.1. RCS coverage in those areas shall meet the requirements of the County of San Diego. 17.1.2.1.2. Costs to enhance coverage to satisfy the needs of an agency joining the RCS subsequent to the original implementation shall be the joining agency's responsibility. 17.1.2.2. An agency joining the RCS shall be responsible for paying their original one-time costs as represented in Exhibit "B", plus financing costs that have incurred since the date of this Agreement. The RCS Board of Directors shall reimburse appropriate financing expenses to the County of San Diego in relation to §17.1.2.3. (EXAMPLE: ifSantee decides to Join the RCS alter five years of the 15 year agreement have passed, their costs will include: (1) their estimated one-time costs as shown in Exhibit "B" and, (2) associated financing costs for the first five years, as shown in Exhibit "C". The RCS Board of Directors shall then reimburse the County of San Diego for principal and financing expenses that resulted because of Santee's absence during the initial five years.) 17.1.2.3. An agency or jurisdiction th jt wants to join the RCS must pay a proportional cost of the overall voice radio backbone and microwave development investment. If the agency or jurisdiction decides to use CSA135 for funding, it must file an application with the San Diego County Local Area Formation Commission (LAFCO) to join CSA 135. Each agency is responsible for its own costs associated with the LAFCO process. 17.1.2.4. All funds received from agencies joining the RCS shall be deposited in the CSA 135 account for appropriate distribution by the RCS Board of Directors. 17.2. The agency may use a funding method other than CSA 135 to pay for its RCS origination and operating expenses. March 7,1995 Page 11 nMago County-Imperial County Participating Agency Agreement Rogtonal CommunfeationsSymem 17.3. Ongoing operations and maintenance costs shall be shared equally by the participating agencies and shall be based on the established formula. (See Exhibit "B") 17.4. Monthly Operating Fees 17.4.1. The costs of ongoing operations and maintenance of the trunked voice radio system, mobile data radio system and microwave system shall be allocated to the participating agencies on a per radio basis. 17.4.1.1. The cost per radio shall be limited to those radios used on the RCS during normal operations. 17.4.1.2. Radios temporarily added by an agency to handle a disaster or emergency shall not be a part of determining the agency's ongoing RCS costs unless the radios are retained for normal operations following resolution of the disaster or emergency. 17.4.1.3. The costs of ongoing operations and maintenance on the voice system and the mobile data system shall be determined separately, since not all agencies will decide to use both systems. Therefore, the monthly operating fees for radios on each system may be different. 17.4.2. After resolving which agencies are participating and determining the actual number of radios to be included in each system (voice and data), the cost per agency shall be finalized. 17.4.3. The final cost shall be in effect for a period of one year and shall be adjusted annually to reflect actual costs. 17.5. Reserve Funds in CSA135 Account 17.5.1. One of the responsibilities of the RCS Board of Directors is to budget the disbursement of money from the CSA 135 account. 17.5.2. All funds received by the County of San Diego from all RCS participating agencies, for the purpose of funding the RCS shall be deposited into the CSA 135 account. 17.5.3. Reserve funds, including interest, shall be maintained in the CSA 135 account for the purposes of contingencies and for RCS upgrades and enhancements. 17.5.4. CSA 135 reserve funds can only be used for Regional Communications System purposes and on approval of the RCS Board of Directors by majority vote. 17.5.5. The RCS Board of Directors shall review CSA 135 fund levels annually and take appropriate action. 17.6. CSA 135 Zone Option and Costs March?, 1995 Page 12 San Dtejo County-tanporiil County Participating Agency Agreement 17.6.1. Each participating agency shall have the ability to customize their own CSA135 requirements for other RCS components, including user equipment, communications center equipment and operating costs, by developing a CSA zone. 17.6.2. Each agency establishing a zone shall have the responsibility to develop an annual zone budget and zone benefit fee schedule. 17.6.3. The CSA funds generated within the zone may only be utilized to meet the requirements of that zone. 17.7. Unless otherwise agreed, maintenance of agency owned RCS equipment shall be provided by Department of Information Services staff assigned to the RCS All associated maintenance costs shall be included as a part of the agency monthly operating fees. 17.8. Maintenance and other costs associated with the provision of primary COmmeraal and back up 110/240 volt A. C. electrical power shall be the responsibility of the agency. 17.9. Unless otherwise determined by separate agreement, each participating agency shall be responsible for the costs associated with connecting to the RCS backbone from the point of demarcation to the agency radio system equipment. 18. Point of Demarcation for Responsibility of Equipment 18.1. Unless otherwise determined by separate agreement, the demarcation point between RCS responsibility and agency responsibility is the microwave radio channel bank equipment termination blocks that are used to interconnect the agency radio consoles and other electronic devices used for voice and data communications to the channel banks. 18.2. Each participating agency shall be responsible for all costs associated with their mobile data system application development, user equipment and integration from the point of demarcation. 19. Purchase of RCS Compatible Equipment 19.1. Each participating agency agrees to meet County of San Diego specification s, including brands and models when appropriate, for associated equipment used to interconnect to the RCS. 19.2. Participating agencies agree to submit specifications of radio system related equipment orders to County RCS staff to ensure compatibility before purchase. 19.3. Associated equipment may be purchased through the County of San Diego to insure compatibility and favored pricing. 20. Term of Agreement The term of agreement is for fifteen years from the date of this Agreement. 21. Agreement Modification; Entire Agreement March 7, 1995 Page 13 ^B San Cfego County-Imperial County Participating Agency Agreement Rational Communication System 21.1. This Agreement may only be amended in writing with the approval of the governing bodies of all parties to this Agreement. Prior to processing an amendment, a recommendation shall be requested from the RCS Board of Directors. 21.2. This Agreement constitutes the entire agreement of the parties and any previous oral or written agreements are superseded by this Agreement. Subsequent agreements may be entered into with CALTRANS and the County of Imperial concerning RCS matters. 22. Termination of Agreement 22.1. In order to terminate participation prior to the end of the fifteen year term, the withdrawing agency must provide no less than a one year written notice of intent to terminate participation. 22.2. Termination shall be granted provided that the withdrawing party: 22.2.1. Returns to the RCS all equipment for value that the RCS Board of Directors determines is required to maintain the RCS for all remaining users; and, 22.2.2. If the termination compromises the legality of the CSA benefit charges in the jurisdiction of the withdrawing agency, such agency shall be responsible for the remaining debt payments which would have aggregated from the CSA. 22.2.3. If an agency that brought frequencies to the RCS opts to terminate, the RCS Board of Directors shall negotiate a settlement that either returns the same or equivalent operable frequencies, or provides equitable compensation if frequencies are left with the RCS. 23. Arbitration 23.1. If settlement on an issue cannot be reached between the grieving or terminating agency and the RCS Board of Directors, binding arbitration shall be employed to reach a settlement. 23.2. The arbitrator shall be selected by mutual agreement of the RCS Board of Directors and the terminating agency. 23.3. It shall be the duty of the arbitrator to hear and consider evidence submitted by the parties and to thereafter make written findings of fact and a disposition of the settlement which shall be binding in nature, except as to issues of law. 23.4. Each party to a hearing before an arbitrator shall bear his own expenses in connection therewith. 23.5. All fees and expenses of the arbitrator shall be borne one-half by remaining members of the RCS and one-half by the grieving or withdrawing agency. March?, 1995 Page 14 San Diogo County • Imperial County Regional Communications System Participating Agency Agreement IN WITNESS WHEREOF, the parties hereto do affix their signatures. COUNTY OF SAN DIEGO Board of Supervisors Approval Date: MAR 7 1995 CITY OF CARLSBAD Council Approval Date: CITY OF DEL MAR Council Approval Date: CITYOFENCINITAS Council Approval Date: CITY OF IMPERIAL BEACH Council Approval Date: CITY OF LEMON GROVE Council Approval Date: CITYOFPOWAY Council Approval Date; CITY OF SAN MARCOS Council Approval Date: CITYOFSOLANA BEACH Council Approval Date: Chairwoman Dianne Jacob By_ By- By- By_ By_ By- By_ layor Mayor Mayor Mayor Mayor Mayor Mayor Mayor March 7, 1995 Page 15 San Diego County • bnparial County Regional Connmnicatione System Participating Agency Agreement IN WITNESS WHEREOF, the parties hereto do affix their signatures. COUNTY OF SAN DIEGO Board of Supervisors Approval Date; CITY OF CARLSBAD Council Approval Date: CITY OF DEL MAR Council Approval Date: CITYOFENCINITAS Council Approval Date: CITY OF IMPERIAL BEACH Council Approval Date: CITY OF LEMON GROVE Council Approval Date: CITYOFPOWAY Council Approval Date: CITY OF SAN MARCOS Council Approval Date: CITYOFSOLANA BEACH Council Approval Date: By. By- By- By- By- By_ By- By. By- Chairwoman Dianne Jacob Mayor Mayor Mayor Mayor Mayor Mayor Mayor Mayor March 7, 1995 Page 15 Participating Agency Agreement SanPiego County-Imperial County Rational Communications System CITY OF VISTA Council Approval Date: NORTH COUNTY DISPATCH JPA By- Mayor Board of Directors Approval Date:By- HEARTLAND COMMUNICATIONS FACILITY JPA Board of Directors Approval Date:By- COUNTY OF IMPERIAL Board of Supervisors Approval Date:By- STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION State of California Approval Date: ALPINE FIRE PROTECTION DISTRICT Governing Authority Approval Date: By- By. BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT Governing Authority Approval Date:By, March 7, 1995 Page 16 <> \ San Diego County - Imperil! County Regional Communieatiom System Participating Agency Agreement BORREGO SPRINGS FIRE PROTECTION DISTRICT Governing Authority Approval Date; By DEER SPRINGS FIRE PROTECTION DISTRICT Governing Authority Approval Date: By_ EAST COUNTY FIRE PROTECTION DISTRICT Governing Authority Approval Date: By_ JUUAN-CUYAMACA FIRE PROTECTION DISTRICT Governing Authority Approval Date: By_ LAKESIDE FIRE PROTECTION DISTRICT Governing Authority Approval Date: By. LOWER SWEETWATER FIRE PROTECTION DISTRICT Governing Authority Approval Date: By_ PINE VALLEY FIRE PROTECTION DISTRICT Governing Authority Approval Date: By. RANCHO SANTA FE FIRE PROTECTION DISTRICT Governing Authority Approval Date: By. March?, 1995 Page 17 i/\/ Participating Agency Agreement Baa Pitfgo County Imperial County Regional Communlcatknw RURAL FIRE PROTECTION DISTRICT Governing Authority Approval Date: _By SAN MIGUEL CONSOLIDATED FIRE PROTECTION DISTRICT Governing Authority Approval Date: _By_ VALLEY CENTER FIRE PROTECTION DISTRICT Governing Authority Approval Date: _By_ APPROVED AS TO FORM AND LEGALITY COUNTY COUNSEL BY Deputy Counsel March?, 1995 Paae AS San Piago County • Imperial County Regional Cammumcatkms System Exft/M "A" Participating Agency Agreement PARTIES TO THE MARCH 7,1995 AGREEMENT 1. Alpine Fire Protection District 2. Bonita-Sunnyside Fire Protection District 3. Borrego Springs Fire Protection District 4. City of Carlsbad 5. City of Del Mar 6. City of Encinitas 7. City of Imperial Beach 8. City of Lemon Grove 9. City of Poway 10. City of San Marcos 11. City of Solana Beach 12. City of Vista 13. California Department of Transportation, District 11 14. County of Imperial (all county and city public safety agencies, all territories) 15. County of San Diego (county public safety and service agencies) 16. Deer Springs Fire Protection District 17. East County Fire Protection District 18. Heartland Communications Dispatch Facility JPA 19. Julian - Cuyamaca Fire Protection District 20. Lakeside Fire Protection District 21. Lower Sweetwater Fire Protection District 22. North County Dispatch JPA 23. Pine Valley Fire Protection District 24. Rancho Santa Fe Fire Protection District 25. Rural Fire Protection District 26. San Miguel Consolidated Fire Protection District 27. Valley Center Fire Protection District March 7, 1995 Exhibit "B" Participating Agency Agreement ESTIMATED AGENCY ONE-TIME COSTS Combined Voice and Data Backbone San Diftgo County - Imperial Comity R*Qtoro& CommurneatioiM System Jurisdiction Unincorporated Carlsbad CM Mar Encinltas Imperial Beach Lemon Grove Poway San Marcos Solana Beach Vista Chula Vista Coronado ElCajon La Mesa National City Oceanside Santee TOTAL Number a Pweefc* 178.479 34.851 4.880 19,785 4,998 6.940 14,445 12,876 12.900 19.630 35,652 10.466 17,916 16,051 8.823 48.610 14.596 481,890 Number* Unas* 1,124,170 203.725 19,533 158,735 63,198 65,225 111,924 118,743 47.666 203,328 360,726 62,388 240,260 168,620 113,982 406,690 125,247 3.5>4,15> ferCfOI <*r«tarBenefit Units 31.28% 5.67% 0.54% 4.42% 1.76% 1.81% 3.11% 3.30% 1.33% 5.66% 10.04% 1.74% 6.68% 4.69% 3.17% 11.32% 3.48% 100% TSS One-Tim t Bcsedofl Benefit Un*K- S2.498.528 452,790 43.413 352,797 140.461 144,966 248.757 263.913 105.939 451.907 801,733 138.661 533.991 374,767 253.331 903.889 278,368 J7.SSS.2tt VWw OM-natt BewflrVMIK S8.755.256 1,586.650 152,127 1.236,259 492.198 507,985 871.686 924,794 371,228 1,583,558 2,609,405 485,890 1,871.192 1,313,246 887,714 3,167,377 975,448 J27,992,0»3 Estimated AmMMfCooc DaB- S300.874 54,525 5,228 42.484 16,914 17,457 29,955 31,780 12.757 54,419 96.M5 16.698 64,303 45.130 30.506 108,847 33,521 &S1.M4 &ttn«MAmutf Coat Vbfce — $1,054,312 191,065 18.319 148,871 59,271 61,172 104.969 111,364 44,703 190.693 336,310 58,511 225,330 158,142 106,899 381.417 117,464 S3,370,t11 Based on 1994 counts. Does not include Benefit Units for trailer parks in the cities. The approach still needs to be refined with the individual cities. Data One-time cost is for backbone only. It does not include agency integration costs. ' Based on 8.5% annual percentage rate. March?, 1995 San Diego County-Imperial County Exhibit "C" Participating Agency Agreement RagiotulCommunieationfl System ESTIMATED COSTS OF AGENCY ENTERING SYSTEM AFTER MARCH 7,1995 CftyofSantee Number of Benefit Units 125,247 Percent of Total Benefit 3.48% Financing Costs of One Time Cost for 15 Years at 8.5% APR Principal $975,448 Financing $786,510 Total $1,761,958 Annual Payment $117,464 Annual Payment if Join in Year Year 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Annual Payment $117,464 $125,854 $135,535 $146,830 $160,178 $176,196 $195,773 $220,245 $251,708 $293,660 $352,392 $440,490 $587,319 $880,979 $1,761,958 Annual Payment for Late Starting Agencies 2 3 4 5 6 7 8 9 10 11 12 13 14 15 March 7,1995 ( '»» Exhibit "D" Participating Agency Agreement GOVERNANCE STRUCTURE Sin Dtejo County - Impoill County Regional Comifiunleitlom Synt*m RCS Committees Reporting Relationships, Lines of Communication San Diego County Board of Supervisors I A?CS Boarrf of Directors /?CS Member Board 1 Member Agency County Staff March 7, 1895 / CO_Jcc5 & H O CITY ATTORNEY •'' - QJ W 5 — 11 1200CARLSBACARLSBAD, CALI1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 5 RESOLUTION NO. 94-59 A RESOLUTION OF CONSENT TO THE INCLUSION OF THE CITY OF CARLSBAD IN THE PROPOSED COUNTY SERVICE AREA FORMED TO PROVIDE AN 800 MHZ RADIO COMMUNICATION SYSTEM. WHEREAS, it is the intention of the City Council of the City of Carlsbad to ensure citizen access to emergency services and support; and WHEREAS, it is recognized that the effective provision of both public safety and public service agency support is dependent upon effective communications systems; and WHEREAS, the Council recognizes the importance of regional communications capabilities and mutual aid assistance and coordination in the event of a disaster; and WHEREAS, it is agreed that participation in the San Diego County Regional 800 MHz Radio Communications System Project is essential to ensure adequate service; and WHEREAS, it is the County's intention to form a County Service Area for the purposes of funding the implementation of the regional communications system; and WHEREAS, in addition, the Council requests that the County Board of Supervisors establish a zone of the County Service Area coterminous with the City boundaries for City specific requirements, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the City of Carlsbad consents, pursuant to Government code section 25210.loa, to the inclusion of all its territory in the radio communications system County Service Area. "•*•/ ? - §ffl 111 OJ < Q S O LU a ° 3 1 O ^ O >• S rf gjo {- o « t - 5o ° '- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "* ' ; :«' PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 15th day of FEBRUARY 1994, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None A/7 A £ ^ ijfa^jf^//^ CLAUDE A. LEWIS, ^Sybr ATTEST: ^ A S~)/I A 1 fj f S ^^rf«^«_ t ALETHA L. RAUTENKRANZ, City Clerk (SEAL) &