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Home My WebLink About2001 06-12 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY COUNCIL COUNCIL CHAMBERS 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY, JUNE 12, 2001 - 6:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG BY THE CITY MANAGER, TOM G. MCCABE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF JUNE 5, 2001 COUNCIL AGENDA 6/12/01 Page 2 INTERVIEWS/APPOINTMENTS Library Board of Trustees — Reappointments PUBLIC HEARINGS 1. Joint Public Hearing (CDC and City Council): Amendment to the Redevelopment Plan for the National City Redevelopment Project through the adoption of the 2001 Amendment to the Redevelopment Plan. (Community Development Commission) **Refer to Items #10 and #13 2. Public Hearing to consider a rate increase request for EDCO Disposal Corporation. (Public Works) **Refer to Item #11 3. Public Hearing — Vacation of the west half of Arcadia Place between 10th and 11' Streets. (Applicant: Plaza Manor Preservation, L.P.) (Case File No.: SC- 2001-1) (Planning) 4. Public Hearing — Vacation of the intersection of Taft Avenue and 11' Street. (Applicant: Thomas G. Harrington for Crockett & Co., Inc.) (Case File No.: SC- 1999-1) (Planning) 5. Public Hearing — Ordinance amending Title 9, Chapters 9.40 and 9.48 of the NCMC by the adoption of Title 6, Chapters 11 and 12 of the San Diego County Code of Regulatory Ordinances relating to "Certified Unified Program Agency, Hazardous Materials Inventory and Response Plan" and "Medical Wastes." (City Attorney) **Refer to Item #15 COUNCIL AGENDA 6/12/01 Page 3 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. 6. Resolution No. 2001-83 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with BRW, Incorporated for the design of the 30th Street and Euclid Avenue Traffic Signal Interconnect and Coordination Project. (Engineering Spec. 99-14) (Engineering) 7. Resolution No. 2001-84 Resolution of the City Council of the City of National City accepting the work and authorizing the filing of a Notice of Completion for the Clairmont Avenue Sewer Project. (Engineering Specs. No. 00-6) (Engineering) 8. Resolution No. 2001-85 Resolution of the City Council of the City of National City authorizing the Mayor to execute a Government Services Agreement between the City of National City and Official Payments Corporation for credit card and debit card payment services. (Finance) 9. Resolution No. 2001-86 Resolution of the City Council of the City of National City authorizing the Mayor to execute a Conduit Agreement, and authorizing the City Engineer to execute an Encroachment Permit, with Global Crossing Local Services, Inc., and the City of National City. (Engineering/Public Works) COUNCIL AGENDA 6/12/01 Page 4 NON CONSENT RESOLUTIONS 10. Resolution No. 2001-87 Resolution of the City Council of the City of National City approving the Negative Declaration for the proposed 2001 Amendment to the Redevelopment Plan for the National City Redevelopment Project. (Community Development Commission) **Refer to Items #1 and #13 11. Resolution No. 2001-88 Resolution of the City Council of the City of National City approving a trash service rate change for EDCO Disposal Corporation. (Public Works) **Refer to Item #2 ORDINANCES FOR INTRODUCTION 12. An Ordinance of the City Council of the City of National City amending Title 10 of the National City Municipal Code by amending Chapter 10.30 regulating alcoholic beverages and repealing Chapter 10.31 regulating the consumption of alcoholic beverages. (City Attorney) 13. An Ordinance of the City Council of the City of National City amending the Redevelopment Plan for the National City Redevelopment Project through the adoption of the 2001 Amendment to the Redevelopment Plan. (Community Development Commission) **Refer to Items #1 and #10 ORDINANCES FOR ADOPTION 14. An Ordinance of the City Council of the City of National City amending Title 18 of the National City Municipal Code by amending Sections 18.116.060, 18.114.060, and 18.112.020 regarding the filing of applications for Conditional Use Permits, variances and other discretionary approvals. (Planning) COUNCIL AGENDA 6/12/01 Page 5 ORDINANCES FOR ADOPTION (Cont.) 15. An Ordinance of the City Council of the City of National City amending Title 9, Chapters 9.40 and 9.48 of the Municipal Code by the adoption of Title 6, Chapters 11 and 12 of the San Diego County Code of Regulatory Ordinances relating to "Certified Unified Program Agency, Hazardous Materials Inventory and Response Plan" and "Medical Waste." (City Attorney) **Refer to Item #5 16. An Ordinance of the City Council of the City of National City amending Ordinance No. 95-2101 and Section 2.04.010 of the National City Municipal Code, pertaining to meeting times of the City Council. (City Attorney) NEW BUSINESS 17. Temporary Use Permit — Kiwanis Club of Sweetwater Carnival. (Building & Safety) --> CITY MANAGER — CITY ATTORNEY -> OTHER STAFF -> MAYOR -* CITY COUNCIL 18. Reimbursement to San Diego Trolley for cancellation of conference. (Councilman Beauchamp) COUNCIL AGENDA 6/12/01 Page 6 NEW BUSINESS (Cont.) PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. CLOSED SESSIONS 1. Conference with Legal Counsel — Existing Litigation — Government Code Section 54956.9 (a) a) Linda Kaye Harter v. City of National City Court of Appeal, Fourth Appellate District, Case No. D035563 b) Shawn Lee v. City of National City United States District Court, Southern District of California, Case No. 98 CV 1292 BTM LSP 2. Conference with Labor Negotiator — Government Code Section 54957.6 Agency Negotiators: Roger DeFratis, Don Condon, Randy Kimble Employee Organization: National City Firefighters' Association ADJOURNMENT Next Regular City Council Meeting — June 19, 2001 at 3:00 p.m. - Council Chambers, Civic Center. TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor MAY 29, 2001 TO: COUNCILMEMBERS FROM: MAYOR GEORGE H. WATERS SUBJECT: LIBRARY BOARD OF TRUSTEES Please be advised that Charles Howrey's term on the Library Board of Trustees will expire on June 30, 2001. Mr. Howrey has served dependably since 1992 and is requesting consideration for reappointment. If there are no objections, I recommend we reappoint Mr. Howrey to the Library Board of Trustees for a term ending June 30, 2004 (will require 3/4ths vote from Council). This item will be placed on the Council Agenda for the meeting of June 12, 2001. GEORGE H. WATERS Mayor GHW:nu ® Recycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: 1-1 Q vJ \ill (Last) Home Address: sg g Telephone: Residence vyiubNUMBER OF YEARHAVE LIVED IN: CALIFORNIA? SAN DIEGO COUNTY? Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees *. — Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee (First) /) Business/Work ( Birth Date (Optional) NATIONAL CITY? V ARE YOU A REGISTERED VOTER: YES (/ NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR HAD CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: / YES: (PLEASE ATTACH SEPARATE EXPLANATION) Colleges attended and degrees held, if any: Related Professional or Civic Experience: Please indicate below any further information that will be of value regarding your service on the above named boards, committees or commissions: DATE: ' - YOUR SIGNATURE C�r�✓ 9, RETURN COMPLETED FORM TO : CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor MAY 29, 2001 TO: COUNCILMEMBERS FROM: MAYOR GEORGE H. WATERS SUBJECT: LIBRARY BOARD OF TRUSTEES Please be advised that Zelva Moeser's term on the Library Board of Trustees will expire on June 30, 2001. Ms. Moeser has served faithfully since 1986 and is requesting consideration for reappointment. If there are no objections, I recommend we reappoint Ms. Moeser to the Library Board of Trustees for a term ending June 30, 2004 (will require 3/4ths vote from Council). This item will be placed on the Council Agenda for the meeting of June 12, 2001. GEORGE ATER Mayor GHW:nu ® Recycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority V San Diego County Water Authority Housing & Community Development Committee (La'st) Home Address: Birth Date (First) (Optional) Telephone: Residence ( %%" 6-5-r/ ) Business/Work ( — ) NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? SAN DIEGO COUNTY? NATIONAL CITY? .2 i ARE YOU A REGISTERED VOTER: YES NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFN'ENSES) OR HAD/A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: V' YES: (PLEASE ATTACH SEPARATE EXPLANATION) Colleges attended and degrees held, if any: 5 05 ct U UP 1454 - 11 c,-10-D 5 5 Related Professional or Civic Expe ence: L )d LU 65i-fine/1n, iJJ.v De v Please indicate below any further information that will be of value regarding your service on the above named boards, committees or commissions: DATE.- / YOUR SIGNATURE RETURN COMPLETED FORM TO : CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 City of National City, California COUNCIL AGENDA STATEMENT **Refer to Items #10 & #1:3 MEETING DATE June 12, 2001 AGENDA ITEM NO. 1 ITEM TITLE JOINT PUBLIC HEARING (CDC AND CITY COUNCIL): AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT THROUGH THE ADOPTION OF THE 2001 AMENDMENT TO THE REDEVELOPMENT PREPARED BYLANPaul Desrochers, DEPARTMENT CDC EXPLANATION Executive Director The CDC has actively been seeking reuse opportunities for the closed Fedco building at the southwest corner of Highland Avenue and Plaza Boulevard since the store closed in September 1999. In December 2000, the owner of the Fedco site and K-Mart representatives approached CDC staff with a proposal to demolish the 35 year -old building and construct a new 180,000 square foot Super-K-Mart at this location. In order to facilitate development of this site, three adjoining parcels under a separate ownership (Mitchell Investments) must be integrated in the overall development to address ingress/egress needs, parking, and removal of obsolete structures. The Super K-Mart proposed for the Fedco site is significantly larger than the existing 140,000 square foot Fedco building, and requires a portion of the Mitchell property to meet parking needs. The Mitchell property contains two buildings, one of which is estimated to be 25% vacant, the second which is approximately 50% vacant. A portion of the Mitchell property is unpaved and onsite drainage is a problem. The CDC sees the Super K-Mart project as an opportunity to redevelop the entire Fedco/Mitchell site, and bolster the entire Highland Avenue commercial corridor. L(EXPLANATION CONTINUED ON PAGE ATTACHED.) Environmental Review __ N/A Financial Statement Staff recommendation will not have an immediate budget impact. Account No. STAFF RECOMMENDATION Conduct joint Public Hearing with the CDC and receive written and oral testimony. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. 2001 Amendment to the National City Redevelopment Plan Resolution No. A-200 (9/80) EXPLANATION (CONTINUED) On December 22, 2000, the CDC invited Robert Shapiro, representing the Mitchell Investments ownership, to participate in the redevelopment of the Fedco/Mitchell site. After extending the deadline for Mr. Shapiro to submit his redevelopment proposal, the CDC received a proposal from Mr. Shapiro on February 6, 2001. Mr. Shapiro's proposal only involved the redevelopment of the Mitchell property, and did not address the Fedco parcel. Staff analysis of Mr. Shapiro's proposal indicated that the proposal was substantially less desirable to the CDC, both in terms of economic returns to the CDC and City General Fund, but also the overall land use plan and its compatibility with the Super K-Mart proposal. Mr. Shapiro's proposal did not allocate the additional land needed to accommodate parking for the Super K-Mart, address existing topography problems, or provide for integration of the development among the various parcels —a problem which has plagued the Highland Avenue corridor for decades. Accommodating Mr. Shapiro's proposal would have jeopardized the development of the Super K-Mart, since a smaller store was not of interest to K-Mart. As a result of these issues, the CDC voted unanimously to reject Mr. Shapiro's proposal on March 6, 2001. The next step in the redevelopment of the Fedco/Mitchell site involves acquiring the Mitchell property to accommodate the Super K-Mart project. Although the CDC is seeking to reach an accord with Mr. Shapiro on the purchase of the property, the CDC cannot rule out the possibility that the use of eminent domain may be necessary to facilitate the Super K-Mart project. In addition, a covenant exists on the Fedco parcel that inhibits the development of a retail store in excess of 100,000 sq ft in size. Negotiations will be made in an attempt to extinguish the covenant, however, it may be necessary to use the powers of eminent domain in order to proceed with the Super K Mart development. Currently, the Redevelopment Plan limits the CDC's use of eminent domain to certain non -single family residential locations within the Project Area. These locations are as follows: • All parcels located immediately east and adjacent to National City Boulevard, between Division Street and the south City limits. • All parcels located immediately west and adjacent to National City Boulevard, between Division Street and State Route 54. • All parcels located immediately west and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. • All parcels located immediately south and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. • All parcels located immediately north and south and adjacent to 8th Street, between Interstate 5 and "D" Avenue. • All parcels west of Interstate 5, excepting the San Diego Unified Port District property. EXPLANATION (CONTINUED) Because the Redevelopment Plan does not permit the use of eminent domain on the Fedco/Mitchell site, the CDC would need to amend the Plan to expand its eminent domain authority to this location. CDC staff has prepared the 2001 Amendment to the Redevelopment Plan that would add solely the Fedco/Mitchell site to the list of properties subject to eminent domain. No other properties are affected by the proposed Amendment. The CDC is currently preparing the necessary materials to present the Amendment at a joint CDC/City Council public hearing, during which Mr. Shapiro, or any other member of the public, may testify as the merits of the proposed Amendment. On June 12, 2001, the CDC and City Council will conducta joint public hearing on the 2001 Amendment. Notices of the public hearing were mailed via first class mail to all Project Area residents, property owners, business owners, and affected taxing agencies, including those with an interest in the Fedco/Mitchell site. Notices were also published in the Star News on May 18, May 25 and June 1, 2001. During the public hearing, staff and consultants will make a brief presentation on the 2001 Amendment to enter pertinent documents into the record. Anyone attending the meeting may then present their objections or other comments to the 2001 Amendment either orally or in writing. The CDC and City Council will respond all written comments formally prior to the adoption of the amending ordinance on June 19, 2001. Once the public hearing is closed, the City Council will consider a resolution approving the Negative Declaration on the 2001 Amendment. The Negative Declaration was circulated for public review on April 6, 2001. The Negative Declaration finds that adoption of the 2001 Amendment will not result in any significant -- environmental impacts. Following approval of the Negative Declaration, the City Council may conduct the first reading of the ordinance amending the Redevelopment Plan. Two readings of the ordinance are required for the 2001 Amendment to be adopted and approved. On June 19, 2001, the City Council will consider responses and findings to any written objections submitted at the joint public hearing. If the responses are adopted, the City Council may proceed with the second reading of the ordinance and approval of the 2001 Amendment. PROPOSED 2001 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT The Redevelopment Plan for the National City Redevelopment Project, originally adopted on November 18, 1969 by Ordinance No. 1233, June 24, 1975 by Ordinance No. 1471, April 13, 1976 by Ordinance No. 1505, and December 13, 1977 by Ordinance No. 1610, and subsequently amended on December 1, 1981 by Ordinance No. 1762, May 22, 1984 by Ordinance No. 1821, April 16, 1985 by Ordinance No. 1851, June 18, 1991 by Ordinance No. 91-2013, and June 18, 1995 by Ordinance No. 95-2095, is hereby amended as follows: Pursuant to Section 603 of this Plan, the CDC may acquire the following properties through the use of eminent domain: Existing Area (as defined in Section 300 of this Plan) • All parcels located immediately east and adjacent to National City Boulevard, between Division Street and the south City limits. . • All parcels located immediately west and adjacent to National City Boulevard, between Division Street and State Route 54. • All parcels located immediately west and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. • All parcels located immediately south and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. • All parcels located immediately north and south and adjacent to 8th Street, between Interstate 5 and "D" Avenue. • Assessor's Parcel Numbers 556-560-41, 556-560-42, 556-560-43 and 556-560-44 located immediately southwest of the intersection of Plaza Boulevard and Highland Avenue. Added Area (as defined in Section 300 of this Plan) All property in the Added Area, excepting the San Diego Unified Port District property. IN EXISTING AND ADDED AREAS, SINGLE-FAMILY RESIDENTIAL PROPERTIES ARE SPECIFICALLY EXCLUDED FROM THE USE OF EMINENT DOMAIN. ATTACHMENT NO. 1 T eETING DATE City of National City, California COUNCIL AGENDA STATEMENT Jump 12,`2001 **Refer to Item #11 AGENDA ITEM NO. 2 ITEM TITLE A Public Hearing to Consider a Rate Increase Request for EDCO Disposal Corporation PREPARED BY Burton Myers EXPLANATION See attached report. DEPARTMENT Public Works Environmental Review X N/A Financial Statement The burden of rate increase w paid to the City. >STAFF RECOMMENDATI Hold the hearing. n all recipients of the trash service. A Franchise Fee of 9% will be BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below EDCO letter dated May 7, 2001 Deloitte & Touche letter dated April 20, 2001 Account No. Resolution No. A-200 (9/80) REFUSE RATE RECOMMENDATION FOR FY-02 Basis: The determination of the appropriate rates for trash service is based upon estimated quantities of various components (landfill and yard waste quantities, recyclables sold and consumer price index (CPI)) as related to the cost/price of such components. A rate review is performed annually. For the rate review, the actual performance for 9 months (July -March) is escalated to 12 months, and the actual total cost/price of budget items is determined, and is then compared to budgeted amounts. Overcollection/undercollection by EDCO occurs unless our estimates are exact. Overcollection/U nd ercol lection: For the FY-01, we used the anticipated rate of $32.00 per ton in the rate calculations. This rate was available to us because of a contract with the Regional Solid Waste Authority (RSWA). Due to higher than normal sellback rates and the increased tonnage from the Automated Single Stream Recycling, the amount collected by the curbside recycling program was approximately $48,000 over the projected amount. Yard waste tonnage costs resulted in a savings of $10,000 on our estimate. This $58,000 was used to help offset a higher than estimated trash tonnage hauled, which resulted in an undercollection of approximately $150,000. This amount will be factored into the rates for FY-02 in order to recover the costs and repay EDCO. FY-02 Rate Factors: We anticipate the Tip Fee Rate for FY-02 will increase to $32.87 per ton. We also anticipate the trash tonnage hauled to remain at the current higher amounts and the curbside recycle program (due to lower buyback) to return less than in FY-01. In addition to the $150,000 owed to EDCO for the undercollection, they deferred last year's 3.4% CPI increase which they were entitled. In an effort to ease the rates for FY-02, EDCO has offered to defer this year's CPI increase, but now collect last year's. Multi -family recycling has lagged behind the recycling being done by the single family and commercial sectors. Because of this, several years ago in an attempt to encourage multi -family to recycle and so that single family and commercial did not have to pay for multi -family, a $0.54 per unit recycling fee was assessed on them. This has proven to generate less than actual cost associated with the lower recycling participation. The difference has been a component of the overall rate structure and is proposed to be removed and the direct charge adjusted to $0.81. Consistent with prior year's direction, the Trash Enterprise Fund contribution will again be $150,000. In addition, the Franchise Fee will increase by 1% to a total of 9%. This is in accord with the current contract with EDCO which calls for an annual 1 % increase until we reach the maximum of a 10% Franchise Fee. EDCO Letter and Auditor Report: The "Rate Adjustment" from EDCO is attached. The figures upon which the rate is based are subject to review (specifically on agreed upon procedures) by an audit firm selected by the City and paid by the contractor. (Deloitte and Touche LLP has been selected in the past few years and their report is also attached.) Recommendations: • The contractor will receive the 3.4% CPI increase to which he is entitled. • Accept the contractor's offer to defer this year's CPI increase to which they are entitled by contract. • That the City Franchise Fee increase by 1 % to 9%. The rate recommendation is to increase the single family residential from $13.95 per month to $14.83 per month. Commercial/Industrial for one time a week pick-up of a 3 cubic yard bin to increase from $84.76 per month to $89.67 per month, with other levels of service being increased similarly. Multi family's assessed per unit recycling fee be increased from $0.54 to $0.81 per unit per month, and the price of Silver Bags be raised $0.12 to $1.97 per bag. Subscript It should be noted that if approved, the single family rate history will be as follows: FY-95 $16.65 FY-96 $14.85 FY-97 $14.36 FY-98 $13.95 FY-99 $13.95 FY-00 $13.95 FY-01 $13.95 Proposed FY-02 $14.83 Future: It should be noted that preliminary review of pertinent factors indicate a FY-03 rate increase for single family in the range of $0.70 to $1.00 per month, with corresponding increase in other EDCO services. CO SPOSAL- CORPORATION 6670 Federal Boulevard, Lemon Grove, California 91945 (619) 287-7555 Fax: (619) 287-5242 May 7, 2001 City of National City 1243 National Avenue National City, California 92050 Honorable Mayor and Members of the City Council: The Refuse Collection and Recycling Agreement between the City of National City and EDCO Disposal Corporation provides for certain periodic rate adjustments. The contract allows for a pass through of changes in the disposal site fee and annual adjustments by the amount of the local consumer price index. As a member of the Regional Solid Waste A (RSWA), National City has benefited from two years without an increase in the tipping fee. RSWA staff has approved a 2.7% increase in the tipping fee to $32.87 effective July 1, 2001. Last year EDCO deferred a cost of living increase of 3.4% and we are requesting that adjustment be made effective July 1, 2001. Also, EDCO is again pleased to defer an increase in rates related to cost of living increases in operating expenses for this year. Consistent with last year's plans the Trash Enterprise Fund contribution will be the maintained for the coming year. EDCO continues to offer a 20% discount for senior citizens in National City. As in prior years, EDCO's requests for rate increases have been subjected to independent review by the auditing firm of Deloitte & Touche. Their report supports our rate proposal. Please approve the attached rate schedule to be effective July 1, 2001. As always, thank you for your consideration. Respectfully, EDCO Disposal Corporation Edward Burr President www.edco-corp.com A WASTE COLLECTION AND RECYCLING COMPANY Printed on Recycled Paper RUBBISH AND GARBAGE 1. RESIDENTIAL Per month residential single family properties For the second and for each additional residential unit in multiple dwellings which do not exceed four units NATIONAL CITY RATE SCHEDULE JULY 1, 2001 CURRENT PROPOSED MONTHLY MONTHLY RATE RATE $13.95 $14.83 $11.00 $11.69 2. TRAILER PARKS AND MOTELS One time per week, per unit, per month $9.67 $10.26 3. APARTMENT HOUSES One time per week, per unit, per month $9.82 $10.42 4. SENIOR CITIZEN RESIDENTIAL Per month $11.16 $11.86 5. SILVER BAG SERVICE ?er month $1.85 $1.97 6. COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS Up to (2) 40 gallon containers Or (1) 90 gallon automated cart One time per week, per month $15.99 $16.96 Up to (4) 40 gallon containers Or (2) 90 gallon automated cart One time per week, per month $29.76 $31.57 Up to (6) 40 gallon containers Or (3) 90 gallon automated cart One time per week, per month Up to (8) 40 gallon containers Or (4) 90 gallon automated cart One time per week, per month Up to (10) 40 gallon containers Or (5) 90 gallon automated cart One time per week, per month Additional or unusual accumulation of rubbish (per cubic yard) $38.25 $40.57 $47.28 $50.15 $61.75 $65.50 $15.99 $16.96 NATIONAL CITY RATE SCHEDULE JULY 1, 2001 BOX TYPE REFUSE SERVICE COLLECTION NUMBER YARDS FREQUENCY OF BINS PER MONTH CURRENT PROPOSED MONTHLY MONTHLY RATE RATE 1 1 13 $84.54 $89.67 2 1 26 $142.71 $151.37 3 1 39 $ 200.88 $ 213.07 4 1 52 $260.76 $276.58 5 1 65 $320.64 $340.10 6 1 78 $380.52 $403.61 7 1 91 $440.40 $467.12 1 2 26 $144.42 $153.18 2 2 52 $259.05 $274.77 3 2 78 $373.68 $396.36 4 2 104 $486.59 $516.12 5 2 130 $599.51 $635.89 6 2 156 $712.43 $755.66 7 2 182 $825.34 $875.42 1 3 39 $204.30 $216.70 2 3 78 $371.97 $394.54 3 3 117 $539.63 $572.38 4 3 156 $705.58 $748.40 5 3 195 $871.54 $924.43 6 3 234 $1,037.49 $1,100.45 7 3 273 $1,203.44 $1,276.47 1 4 52 $264.18 $280.21 2 4 104 $484.88 $514.30 3 4 156 $705.58 $748.40 4 4 208 $924.57 $980.67 5 4 260 $1,143.56 $1,212.95 6 4 312 $1,362.55 $1,445.23 7 4 364 $1,581.54 $1,677.51 1 5 65 $324.06 $343.72 2 5 130 $597.80 8634.08 3 5 195 $871.54 $924.43 4 5 260 $1,136.72 $1,205.70 5 5 325 $1,401.90 $1,486.97 6 5 390 $1,667.08 $1,768.24 7 5 455 $1,932.27 $2,049.52 1 6 78 $383.94 $407.24 2 6 156 $710.72 $753.85 3 6 234 $1,037.49 $1,100.45 4 6 312 $1,354.00 $1,436.16 5 6 390 $1,670.51 $1,771.88 6 6 468 $1,987.01 $2,107.58 7 6 546 $2,303.52 $2,443.30 Deloitte &Touche LLP Suite 1900 701 "B"Street San Diego,California 92101-8198 Tel: (619) 232-6500 Fax: (619) 237-1755 www.us.deloitte.com Deloitte &Touche INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING AGREED -UPON PROCEDURES Mr. Jeffrey L. Servatius Public Works Department City of National City 1243 National City Boulevard National City, California 91950-4301 We have performed the procedures enumerated in Attachment A, which were agreed to by the City of National City and EDCO Disposal Corporation ("EDCO") (collectively, "the Specified Parties"), solely to assist you and EDCO with respect to evaluating components of the fiscal 2002 refuse rate for the City of National City. This engagement to apply agreed -upon procedures was performed in accordance with standards established by the American Institute of Certified Public Accountants. The sufficiency of the procedures is solely the responsibility of the Specified Parties. Consequently, we make no representation regarding the sufficiency of the procedures described in Attachment A either for the purpose for which this report has been requested or for any other purpose. We were not engaged to, and did not, perform an audit, the objective of which would be the expression of an opinion on the specified elements, accounts, or items. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. This report will not be used by, or circulated, quoted, disclosed, or distributed to, nor will reference to such report be made to, anyone who is not a member of the Specified Parties without the express written consent of Deloitte & Touche LLP ("D&T"). The parties hereby acknowledge that the report is intended solely for the information and use of the Specified Parties and is not intended to be used by anyone other than the Specified Parties. Not withstanding the foregoing, the City of National City may disclose such report to the extent required by any regulatory authority having jurisdiction over the City of National City, in which case the City of National City will cooperate with D&T in seeking appropriate protection for the disclosure and use of, and reference to, the report. April 20, 2001 Deloitte Touche Tohmatsu Pacific Southwest: Carlsbad Costa Mesa Las Vegas Los Angeles Phoenix Reno Tucson ATTACHMENT A The procedures we performed, which relate primarily to your fiscal 2002 residential refuse rate, are summarized as follows: 1. We read EDCO's internally prepared financial statements for the eight months ended January 31, 2001, and the audited financial statements for the year ended May 31, 2000. We inquired of Dan Gallaher (Controller for EDCO), as to any changes in accounting policies and methods of application which might affect the fiscal 2002 refuse rate for National City. No changes which might affect the fiscal 2002 refuse rate for National City were identified. 2. We agreed the fiscal 2001 refuse rate from EDCO's prior year's calculation to the refuse rate used in EDCO's fiscal 2002 refuse rate calculation proposal provided on March 30, 2001. The refuse rate in the March 30, 2001 proposal was agreed to the refuse rate presented in the final proposal dated April 24, 2001. 3. We obtained information from the U. S. Department of Labor - Bureau of Labor Statistics and agreed such information to the amount used in the Consumer Price Index ("C.P.I.") adjustment in the fiscal 2002 refuse rate calculation provided in EDCO's proposal provided on March 30, 2001. We noted that EDCO elected to request an increase related to the CPI based on a recovery of prior year's deferred cost of living increase. 4. We proved the mathematical accuracy of franchise fees due to National City for the period from April 1, 2000 to March 31, 2001, to ascertain that they were calculated based on 8% of cash collected as reported in EDCO's underlying financial records. 5. We read franchise fee remittances made to National City by EDCO for the period from April 1, 2000 to March 31, 2001 to ascertain that they were made on a monthly basis and agreed remittances reported to remittances received by the City of National City without exception. 6. We agreed San Diego County estimated landfill tip fee of $32.00 per ton projected in the FY01-02 rate review process to the Agreement for Transfer and Disposal Services between Regional Solid Waste Association and EDCO Disposal Corporation. 7. We agreed actual tons of refuse collected to two haphazardly selected days in the period from July 1, 2000 to March 31, 2001 to EDCO's supporting landfill tickets. 8. We proved the mathematical accuracy of the difference between the actual annualized revenues from EDCO's sale of recyclables and EDCO's projected revenues from the sale of recyclables used in the fiscal 2001 refuse rate. 9. We agreed total tons of recyclable materials collected to underlying accounting records for two randomly selected months. From the underlying records provided by EDCO, we randomly selected five daily recyclable totals and agreed those totals to supporting work tickets. We compared actual recycling rates to three randomly selected recycling receipts. 10. We proved the mathematical accuracy of EDCO's proposed effect of franchise fees on the fiscal 2002 refuse rate in the proposal provided on March 30, 2001. -2- 11. We proved the mathematical accuracy of the percentage effect of the yard waste disposal fee change on the fiscal 2002 refuse rate contained in EDCO's proposal provided on March 30, 2001. 12. We agreed coverage levels of insurance in force to the insurance provider's certificate of insurance to ascertain that such coverage was in compliance with contractual requirements. -3- MEETING DATE June 12, 2001'- City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 3 (-ITEM TITLE PUBLIC HEARING —VACATION OF THE WEST HALF OF ARCADIA PLACE BETWEEN 10TH AND 11Thr STREETS (APPLICANT: PLAZA MANOR PRESERVATION, L.P.) (CASE FIT F NO.: SC-2001-1) PREPARED BY Jon Cain - Associate PlannelDEPARTMENT Planning 'lf EXPLANATION posedstreet vacation includes the west half of Arcadia Place between 10`h and 11d1 Streets adjacent to the Plaza Manor apartment complex. The attached background report describes the matter in greater detail. (-Environmental Review Financial Statement N/A N/A C;ategoncal Exemption >STAFF RECOMMENDATION Staff recommends approval of the street vacation. Account No. BOIfie ' aiming CommSsssiionRvoted toMrecommTend approval of the street vacation. Vote: Ayes — Unanimous fTI AQHMEI tS (.!steal 1 ac group ep 2. Findings and Conditions for Approval 5. Notice of Exemption 3. Location Map 6. Letter received June 6. 2001 elow ) 4. City Council Resolution No. 2 -9 lbiRt Map A-200 (9/80) BACKGROUND REPORT The owner of the Plaza Manor apartment complex on the north side of Plaza Boulevard east of Euclid requested this street vacation for the 30-foot wide west half of Arcadia Place between 10th and 11th Streets. The area to be vacated contains 9,075 square feet. The street is at the eastern boundary of the apartment complex, and ownership of the right-of-way, if vacated, would revert to the applicant. It is proposed that the vacated area will become part of the parking area for the apartment complex. A wrought -iron fence would be placed along what is presently the centerline of the street; the existing parking area adjacent to Arcadia will be modified and expanded, and trees, shrubs, groundcover and vines will be planted in a three-foot wide strip along the proposed fence. The changes will prevent both vehicular and pedestrian access between the apartment complex and Arcadia Place. It is also proposed that the remaining 30-foot wide east half of Arcadia Street provide for two-way through traffic with no on -street parking. Existing barriers in the street that prevent through traffic will be removed. Conditions of approval address requirements for needed street improvements. This proposal is part of an overall improvement project for the Plaza Manor apartments involving construction of a new community room and leasing office along with modification of recreation areas and relocation of parking spaces. A Planned Development Permit and Variance necessary to carry out the project were approved by the Planning Commission and filed by the Council. The street vacation is a necessary part of the project since it will allow the apartment complex to become a gated community with its only pedestrian and vehicle access points on Plaza Boulevard and since the vacation area is needed to provide room for eleven parking spaces that will be displaced by the new community building. The Planning Commission conducted a public hearing on the item and recommends approval of the street vacation. Two members of the public present at the Planning Commission hearing spoke of problems with the apartment complex but were supportive of eliminating access to it from Arcadia Place via 101 and 11th Streets. Standard conditions of approval necessary to carry out the vacation are attached. The attached letter dated 6/1/01 was received by the Planning Department June 6. It mentions several issues related to the Plaza Manor Apartments and makes two recommendations for Arcadia Place; first, that wrought iron fencing and landscaping be placed along the street, and second, that no vehicle access be allowed on the street. The street closure will enable the applicant to carry out the Planned Development Permit recently approved by the Planning Commission and filed by Council. This involves constructing a wrought iron fence around the complex which will prevent both vehicular and pedestrian access between the complex and Arcadia Place. The option of full street closure was reviewed earlier. The applicant did not pursue it, since the ownership of the east half of the street would not revert to the apartment complex. In addition, the street is needed for emergency (Fire) vehicle access, as there are no cul-de-sacs at the end of 10th and 111 Streets. RECOMMENDED FINDINGS FOR APPROVAL 1. That the area to be vacated is not needed for present or future public transportation purposes, since the homes abutting the half street in consideration have front -yard access to other public streets, and since the street is not a through street and only serves the abutting apartment complex, which will continue to have street access to Plaza Boulevard. 2. That the area to be vacated is not useful as a non -motorized transportation facility for pedestrians, bicyclists, or equestrians as defined by Section 156 of the Streets and Highways Code, since the half -street does not contain sidewalk improvements, since improvements on the half -street to remain can be used by pedestrians and bicyclists, and since the highly urbanized area is inappropriate for equestrian activity. 3. That the vacation of the proposed segment of right-of-way is consistent with the City's General Plan, since the General Plan does not identify any need for the right- of-way to be used for public purposes. RECOMMENDED CONDITIONS OF APPROVAL 1. Separate street improvement plans shall be submitted, prepared by a Registered Civil Engineer, showing all of the existing and proposed improvements for the closure of Arcadia Place between 10th and 11th Streets. The plans shall be in accordance with City requirements. 2. A permit shall be obtained from the Engineering Department for all improvement work in the public right-of-way. 3. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed drainage and street improvement shall be posted. Three percent of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 4. Prior to recordation of the order to vacate, a policy of title insurance shall be provided. 5. An easement for access to and maintenance of all existing gas and electric facilities shall be granted to San Diego Gas and Electric prior to the vacation. RESOLUTION NO. 2001— 72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY GIVING NOTICE OF INTENT TO VACATE THE WEST HALF OF ARCADIA PLACE BETWEEN l0TH AND 11TH STREETS. (Case File No. SC-2001-1) WHEREAS, the City Council of the City of National City hereby declares its intention to vacate, pursuant to the provisions of Part 3 of Division 9 of the Streets and Highways Code of California, the west half of Arcadia Place between 10th and 11th Streets, more particularly described in Exhibits "A" and "B", attached hereto and incorporated herein as though set forth in full. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the time for hearing any and all persons interested in or objecting to the proposed vacation is hereby set for 6:00 p.m., June 12, 2001, in the City Council Chambers in the Civic Center in the City of National City, California. BE IT FURTHER RESOLVED that the City Engineer of the City of National City is hereby directed to post notice of the passage of this Resolution and the time and place of hearing in accordance with law. PASSED and ADOPTED this 15th day of May, 2001. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: George H. Eiser, III City Attorney Resolution 2001-72 LEGAL DESCRIPTION: THAT PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF QUARTER SECTION 106 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 166 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SAID. QUARTER SECTION, IN THE CENTER UNE OF A PUBUC STREET 80.00 FEET WIDE; THENCE SOUTH 18'31'23" EAST (RECORD SOUTH 19' EAST), 631.68 FEET ALONG THE EASTERLY UNE OF SAID NORTHWEST QUARTER OF SAID QUARTER SECTION TO THE TRUE POINT OF BEGINNING, THE TRUE POINT OF BEGINNING ALSO BEING ON THE CENTERUNE OF ARCADIA PLACE, THE RIGHT—OF-WAY OF ARCADIA PLACE BEING 60.00 FEET IN WIDTH; THENCE LEAVING SAID EASTERLY LINE SOUTH 7116'22" WEST, 30.00 FEET ALONG THE WESTERLY PROLONGATION OF THE NORTHERLY RIGHT-OF-WAY UNE OF TENTH STREET, THE RIGHT-OF-WAY OF TENTH STREET BEING 60.00 FEET IN WIDTH; THENCE SOUTH 18'31'23" EAST, 302.50 FEET ALONG A LINE 30.00 FEET WEST OF AND PARALLEL TO SAID EASTERLY LINE; THENCE NORTH 71'16'22" EAST, 30.00 FEET ALONG THE WESTERLY PROLONGATION OF NE SOUTHERLY RIGHT-OF-WAY UNE OF ELEVENTH STREET, THE RIGHT-OF-WAY OF ELEVENTH STREET BEING 60.00 FEET IN WIDTH, TO A POINT ON SAID EASTERLY UNE, SAID POINT ALSO BEING ON THE CENTERUNE OF ARCADIA PLACE; THENCE NORTH 18'31'23" WEST, 302.50 FEET ALONG SAID EASTERLY LINE THE TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED AREA HAVING AN AREA OF 9075.00 SQUARE FEET, MORE OR LESS. RON MARTIN AND ASSOCIATES, INC. EXHIBIT "A" LEGAL DESCRIPTION PROPOSED VACATION OF ARCADIA Scale REVISIONS Sheet 942 cu>E NaoOo. FUSE UM SAN CW)&ENIE. CA 92873 u(rgV9) 394-lW193 •11•1•11111M114 N 7116'22* E 30.00' N N 7116'22" E. 30.00' POINT OF BEGINNING Resolution 2001-72 TENTH STREET PROPOSED AREA TO BE VACATED AREA=9,075 SF o ELEVENTH STREET RON MARTIN AND ASSOCIATES, INC.I 385-8083 942 CAVE H 0, SIMEE 100 FAX 3M-8000 EXHIBIT ''B" SITE PLAN --------------•-•• -------as Scale REVISIONS Sheet Passed and adopted by the Council of the City of National City, California, on May 15, 2001, by the following vote, to -wit: Ayes: Councilmembers Beauchamp, Inzunza, Soto, Waters. Nays: None. Absent: Councilmember Morrison. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2001-72 of the City of National City, California, passed and adopted by the Council of said City on May 15, 2001. City Clerk of the City of ational City, California By: Deputy City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: PD-2001-02, Z-2001-6, and SC-2001-1 Project Location: Plaza Manor Apartment complex in the 2700 block of E. Plaza Boulevard and the west half of Arcadia Place between 10th and 11th Streets Contact Person: Jon Cain Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: This project involves the construction of a new community building and leasing office to serve an existing apartment complex, along with relocation of parking spaces and modification of common recreational areas for the complex, including installation of new shade structures and additional landscaping. The project also involves the vacation of the westerly portion of Arcadia Place, a local residential street. Ownership of the street will revert to the adjacent property, which contains a large apartment complex. The street is presently not a through street. Applicant: Plaza Manor Preservation, L.P. Telephone Number: (760) 930-0950 Exempt Status: El Statutory Exemption. ® Categorical Exemption. Class 3, Section 15303 (New Construction or Conversion of Small Structures) and Class 1, Section 15301 (Existing Facilities) n Not a project as defined in Section 15378 of CEQA ❑ Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The construction portion of the project involves an office/recreation building less than 2,500 square feet in size and associated site improvements on a disturbed site developed with a large apartment complex. The project takes place in a highly urbanized area and this small project will have no foreseeable impact on the environment. Recycled Paper The area of the street to be vacated is currently used as a parking aisle and driveway area for the apartment complex it abuts. After vacation, the area will continue to be used for parking and driveway purposes. The action is similar to a lot line adjustment and will not result in the creation of any new parcel. Also, applicable zoning does not permit additional residential development on the property. This action also will have no foreseeable impact on the environment. Date: JON CAIN Associate Planner Dear City Council of National City: We, the residents of East 10th and 11th Streets who have recently moved in as well as some of us who have been here over forty years would like to express our concerns and recommendations regarding the planned development permit requested by the owner of Plaza Manor Apartments (Case files Nos. PD-2001, SC-2001 and Z-2001-6). The Plaza Manor Apaituients have been a nuisance since the day the apartments were built. As all of you are aware, there has been drug trafficking, shootings, loud noises at these apartments, traffic on foot on East 10th and 11th Streets and vehicle traffic on East 11th Street coming from the apartments, home robberies and vandalism of personal property of the residents of East 10th and East 11th Streets. We are tired of picking up trash on the sidewalks. This trash consists of beer and other alcohol bottles, food, and dirty diapers. The trash comes from residents who live in the apartments that walk on foot to and from the Texas Liquor Store, and to and from Say -A -Lot store on East 11th Street. We believe the police department would agree with us. There is a history of police reports and police confrontations with the residents of Plaza Manor Apartments. Currently, there are steel posts and a concrete sidewalk at Arcadia Place. However, we recommend a heavy-duty wrought iron fence along Arcadia Place. This fence should be at least ten feet high or higher with landscaping along the fence such as trees and shrubs. We also recommend no vehicle access on Arcadia Place. If Arcadia Place is open to traffic this would be a major problem as it has been in the past with heavy vehicle traffic. Please do not open Arcadia Place. We care about our neighborhood. We want our neighborhood back as it was before, free of crime and trash. Please give us the satisfaction that our neighborhood will be deterred from crime coming from the Plaza Manor Apartments. Sincerely, Residents of East 10th and 1 lth Streets Signatures of residents follow on the next page. r 1cu-r 5.� 1> 5 D� Sat ( f' jV I l0i(vi. G I re; qi C Si) vlecilon ree-/-64- e./48 21 �C v, i7 C!- c/9-1C- .-attrziS /T 'v( iCW4)\-' M /S- L / 1. Avedila / e I J-i twit) 05er e. 10' •�> Rati6130.0 eiVet e419SO- 113 G / �C• e C4_,.-ti C C/ / 7 67) :, ,1.` 2l .. �ir �` -- �� r irs 4- =�_7° ---t" t7,,tcattficc, % �C �klfi. -0 ' //571- `oft _ l l c4 9/Kd. y 0,uu6' .25,'- {'n d.d,, [lii\ti)4-ic=lyog J,4..� ,,,s A9/5-G' 47' // -S % � F u 54 k- ',- 2 S E. ;:i.L -imi EY C _ ,L1.-2c4.err4 63 Call 5 / f / j¢ I t v �H+ :QZc aw G�,��»,� �? t-„.� � 7- .,� ` fr6 gT. �� ^� 1 c '--' c J ✓�, � CA - i rtsb-39ro 4c fa, V / S/' ,Zr? y/ /`t �- ;: 7- `, �i � '� , 3y// L C� .,17.1..� tS - -37 Sri -g0 ' `16 2-gJq u ii_ , C1�iG0 I-NAPO C�/llo "a 03 E. CPA St. • "v CA. c/cy5�, .1-167-1 0 tiFi Olt,: Ga 19S-40 .2ciai r- 11+115k. G. CA gICI �-1 C - IL4 '\P"' e qa114 " in,(/ 7i 32 11 411/.°A 7.- / / 771 /vAri0i✓/3 L;0/T i e•) 9 /73 ) }..I+-r0rvfI(r-y Name Address Phone Signature 3 01-6, C • fork sr. z`i" e t t,st . 61 a s)1 sC0,61-1 Ok.ttfil (' J i3-.zrJk 6ice. ,-el2 e74 ,/'I , - a V CGS`--.—' `"'z"' v -R41 I 4k:204401J 3oogE,114' i 7 e,1Z9 r- `Jl y S ,ems/ n/- e.50404 Z B Lo E /I /44,Rio wtF / 6, /`f g1Ra Ur)q) J )S-O' ` 7 fr , 1 I„°v 2sC City of National City, California COUNCIL AGENDA STATEMENT 4 MEETING DATE June 12, 2001 AGENDA ITEM NO. /ITEM TITLE PUBLIC HEARING —VACATION OF THE INTERSECTION OF TAFT AVENUE AND 11TH STREET (APPLICANT: THOMAS G. HARRINGTON FOR CROCKETT & CO., INC.) (CASE FIT F NO.: SC-1999-1) PREPARED BY Jon Cain - Associate PlanneOE ART E T Planning EXPLANATION The proposed vacation area consists of 6,400 square feet of unpaved, vacant land. It is adjacent to and fenced from Navy property to the north and railroad right-of-way to the east. The applicant operates a hide curing plant on the adjacent property to the southwest; other privately owned vacant property is to the south. Although there are no plans to develop the area at this time, the street vacation is proposed so that the area could potentially be used in the future. The portion of Taft Avenue adjacent to the intersection is Navy property that is not used for street purposes, and the vacation area is no longer connected to 116 Street. Since the intersection is not connected to public streets, it has no foreseeable purpose as a street. Ownership of the right-of-way would revert to the adjacent property owners, other than the Navy, if the vacation were approved. All affected owners have consented to the proposal. The applicant intends to acquire the interests of all adjacent owners in the area to be vacated. The Planning Commission conducted a public hearing on the item and found that the area proposed for vacation is not useful for public transportation purposes or as a non -motorized transportation facility. The Planning Commission found the proposed vacation to be consistent with the General Plan and recommends approval of the street vacation. There was no public testimony at the hearing other than the applicant's statements in support and questions from a nearby property owner concerning the ownership of the vacation area, which included additional area to the east as originally proposed. The project area has since been reduced to address this concern. Standard conditions of approvatto carry out the street vacation are attached. (-Environmental Review Financial Statement N/A Exempt >STAFF RECOMMENDATION Staff recommends approval of the street vacation. ii BOARD / COMMISSION RECOMMENDATION The Planning Commission voted to recommend approval of the street vacation. Vote: Ayes — Parra, Martinelli, Baca, Detzer —_ Absent — Ungh, Valderrama, GndShalk ATTACHMENTS ( Listed Below ) L.s._ 1. Findings and Conditions for Approval 2. Location Map 3. City Council Resolution No. 2001-73 with Plat Map Account No. 4. Noesol n No. tice of exemption A-200 (9/80) FINDINGS FOR APPROVAL 1. That the area to be vacated is not needed for present or future public transportation purposes, since the area is surrounded by development that already has access to transportation facilities. 2. That the area to be vacated is not useful as a non -motorized transportation facility for pedestrians, bicycles, or equestrians as defined in Section 156 of the California Streets and Highways Code since the area is located in a developed area and is not linked to any existing facilities or public rights -of -way. 3. That the vacation of the proposed segment of right-of-way is consistent with the City's General Plan, since the General Plan does not identify any need for the right- of-way to be used for public purposes. CONDITIONS OF APPROVAL 1. The dedication of easements for any utilities shall be required prior to the vacation. The applicant shall contact each utility agency and verify the existence and location of all utilities. There shall be no permanent structures or other encroachments erected on or over any of the easements. 2. Prior to recordation of the order to vacate, a policy of title insurance shall be provided. SCALE: 1" = 00' NORTH 408 414 CO '/ 420 424 428 446 ea I STREET CLOSED ML-CZ 2 STREET CLOSED STREET AREA PROPOSED FOR VACATION CLOSED LOCATION MAP Os -CZ W Z W 122i MAP MLR'4 ZONE BOUNDARY DRN. DATE: 6-29-20" INITIAL 11TH STREET AND TAFT AVE SC-1999-11CDP-2000-3 HEARING: NATIONAL CITY PLANNING 7-17-2000 c w RESOLUTION NO. 2001 - 73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY GIVING NOTICE OF INTENT TO VACATE THE INTERSECTION OF TAFT AVENUE AND 11TH STREET APPLICANT: Crockett & Company, Inc. (Case File No. SC-1999-1) WHEREAS, the City Council of the City of National City hereby declares its intention to vacate, pursuant to the provisions of Part 3 of Division 9 of the Streets and Highways Code of California, the intersection of Taft Avenue and 11t Street in the City of National City, more particularly described in Exhibits "A" and "B" , attached hereto and incorporated herein as though set forth in full. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, that the time for hearing any and all persons interested in or objecting to the proposed vacation is hereby set for 6:00 p.m., June 12, 2001, in the City Council Chambers in the Civic Center in the City of National City, California. BE IT FURTHER RESOLVED that the City Engineer of the City of National City is hereby directed to post notice of the passage of this Resolution and the time and place of hearing in accordance with law. PASSED and ADOPTED this 15th day of May, 2001. George H. aters, Mayor ATTEST: Michael R. Dalla,►City Clerk APPROVED AS TO FORM: sne George H. Eiser, III City Attorney a t • p Resolution 2001-73 EXHIBIT "A" STREET VACATION A portion of Eleventh Street and the intersection of Taft and Eleventh per Record of file Survey numb1630er filed in the Office of the County Recorder of San Diego County, August 13, 1999-562573, in the City of San Diego, County of San Diego, State of California, more particularly described as follows: BEGINNING at the most Northerly corner of Lot 22 of block 204 of map 348, filed in the office of the County Recorder of San Diego County, October 2,1882, as shown on said Record of Survey; THENCE North 17°45'55" West, 80.00 feet, to the most Easterly corner of Block 203 as shown on said record of survey; THENCE North 72° 14'14" East, 80.00 feet, to the most Southerly corner of Block 182 as shown said Map 348; THENCE South 17°45'55" East, 80.00 feet, to the most Westerly corner of Block 181 as shown on said Map 348; THENCE South 72° 14'14" West, 80.00 feet. To the POINT OF BEGINNING. CONTAINING: 0.147 Acres, more or less. omas G. arr on P.L.S. 5441 Expiration: 9-30-2004 // D 1 Date F'SE NO.�� OF C 10x. Page 1 of 1 phillg13.wpd Resolution 2001-73 VICINITY MAP NOT TO SCALE h 33.00' N72°14'14."E BLOCK 203 PAGE 1 OF 1 EXHIBIT "B" LEGEND F71INDICATES LIMITS OF STREET VACATION. 6,400.00 SQ. FT. INDICATES LIMITS OF RAILROAD OWNERSHIP AND SDG&E ESMT. REC. 1/27/65 AS INST. NO. 15438 SAN DIEGO & ARIZONA EASTERN RAILWAY (MAIN TRACK) 6.59' 37.20' N09°35'35"W N17°45'55"W 290.27' N72°14'24"E 8Q .9A 7°45'40"_W- I 80.00' N17°45'55"W 1- w w CC I cn = o J U w w J w R = 318.96' L = 37.04' A = 06°39'13" ROS 16043 — 24.68' N72°14'10"E 264.46' N17°45155"WAT- 58:69' w o �� TAFT AVENUE o.. NN co N CLOSED I` Z ROS 1 63D3 BLOCK 2 MAF 04 348 TOM G. HARRTNGTON LAND SURVEYING 4976 Caroline Lane Fallbrook, California 92028 (760) 728-3557 JPt 25-10nhi I DWG: PHIL2. DWG PLOT: 07-29-00 STREET VACATION - PORTION OF ELEVENTH STREET AND TAFT STREET q Passed and adopted by the Council of the City of National City, California, on May 15, 2001, by the following vote, to -wit: Ayes: Councilmembers Beauchamp, Inzunza, Soto, Waters. Nays: None. Absent: Councilmember Morrison. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2001-73 of the City of National City, California, passed and adopted by the Council of said City on May 15, 2001. City National City, California Cle of the City of By: Deputy City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: SC-1999-1, CDP-2000-3 Project Location: Intersection of Taft Street and 116 Avenue Contact Person: Jon Cain Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: The proposed street vacation and accompanying coastal development permit will allow the existing public right-of-way at and directly east of the intersection of Taft Street and 11th Avenue to be vacated for public purposes. There are no existing improvements at the project site, and none are proposed. There is no physical street currently present at this location. Applicant: Crockett & Company, Inc. Telephone Number: (619) 474-8777 Exempt Status: n Statutory Exemption. n Categorical Exemption. Not a project as defined in Section 15378 of CEQA ® Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: This project involves the vacation of existing street right-of-way. There are no improvements on the project site, which is not currently used for a street and is not adjacent to any existing streets. The project is located in an urbanized area on a disturbed site that has no value for endangered, rare, or threatened species and is not environmentally sensitive. Date: Jon Cain Associate Planner Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 12, 2001 **Refer to Item #15 5 AGENDA ITEM NO. ITEM TITLE PUBLIC HEARING: ORDINANCE AMENDING TITLE 9, CHAPTERS 9.40 AND 9.48 OF THE NCMC BY THE ADOPTION OF TITLE 6, CHAPTERS 11 AND 12 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO "CERTIFIED UNIFIED PROGRAM AGENCY, HAZARDOUS MATERIALS INVENTORY AND RESPONSE PLAN" AND "MEDICAL WASTES" PREPARED BY DEPARTMENT EXPLANATION Rudolf Hradecky' City Attorney The County of San Diego has amended its Code of Regulatory Ordinances dealing with the "Certified Unified Program Agency, Hazardous Materials Inventory and Response Plan, and Medical Wastes". All cities in the County have been requested to adopt the County Code by reference to allow uniformity of enforcement by the County Department of Environmental Health. That Department administers and enforces state and local ordinances governing hazardous and medical wastes. This ordinance adopts the pertinent County regulatory codes by reference for enforcement purposes. Because the County Code is being incorporated into the Municipal Code by reference, state law requires that a public hearing be held prior to enactment of the Ordinance. Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Hold public hearing. Account No. BOARD / COMMISSION RECOMMENDATION N/A LATTACHMENTS (Listed glow ) Proposed Ordinance. Copy of County Ordinance A-200 (9/80) _. Resolution No. ORDINANCE NO. 2001— AN ORDINANCE OF THE CITY COUNCIL 'OF THE CITY OF NATIONAL CITY AMENDING TITLE 9, CHAPTERS 9.40 AND 9.48 OF THE MUNICIPAL CODE BY THE ADOPTION OF TITLE 6, CHAPTERS 11 AND 12 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO "CERTIFIED UNIFIED PROGRAM AGENCY, HAZARDOUS MATERIALS INVENTORY AND RESPONSE PLAN" AND "MEDICAL WASTE" BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is hereby amended to read as follows: Section 1. That Chapter 9.40 of the Municipal Code is hereby amended by amending the title to read "DISCLOSURE OF HAZARDOUS MATERIALS AND REGULATION OF HAZARDOUS WASTE ESTABLISHMENTS, AND ADOPTION OF THE CERTIFIED UNIFIED PROGRAM AGENCY, HAZARDOUS MATERIALS INVENTORY AND RESPONSE PLAN" and adding Sections 9.40.040 and 9.40.050 to read in their entirety as follows: 9.40.040 Adoption of the San Diego County Ordinance relating to the Certified Unified Program Agency, Hazardous Materials Inventory and Response Plan. Chapter 11 of Division 8 of Title 6 of the San Diego County Code, commencing with Section 68.1101, known as the "Certified Unified Program Agency, Hazardous Materials Inventory and Response Plan", is hereby adopted as an ordinance of the City of National City, together with any amendments and modifications of that division as have been, are or shall be duly adopted by the County of San Diego, unless local modifications are enacted by the City of National City. Copies of the Code hereby adopted by reference shall be kept on file in the Office of the City Clerk. 9.40.050 Enforcement. The provisions of this Chapter 9.40 shall be administered and enforced by the Director of Environmental Health, or designee, of the County of San Diego. 9.40.060 Penalties. Section 68.1114 of the County Code of Regulatory Ordinance is adopted and is set out in full, reading as follows: In addition to penalties provided in state law, the following criminal, civil and administrative civil penalties apply to violations of this Chapter. (a) Penalty for Misdemeanor. Unless otherwise specified by this Chapter, a misdemeanor is punishable by a fine not exceeding one thousand dollars ($1,000), imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment. (b) Civil Penalty. Any person who violates any provision of this Chapter is liable for a civil penalty of not more than two thousand dollars ($2,000) for each day, or part thereof, such violation occurs. Any person who knowingly violates any provision of this Chapter, after reasonable notice of the violation is liable for a civil penalty of not more than five thousand dollars ($5, 000) for each day, or part thereof that such violation occurs. The County Counsel or District Attorney is authorized to bring a civil action in any court of competent jurisdiction to recover such civil penalties for the County. (c) Continuing Violation. Each and every day a violation of this chapter continues shall constitute a separate offense. The person committing or permitting such offenses may be charged with a separate offense for each such violation and punished accordingly. Section.2. That Chapter 9.48 of the National City Municipal Code is hereby repealed in its entirety and is replaced with the following heading and provisions, to read as follows: CHAPTER 9.48 CERTIFIED UNIFIED PROGRAM AGENCY, MEDICAL WASTES Sections: 9.48.010 Adoption of the San Diego County Ordinance relating to the Certified Unified Program Agency, Medical Wastes 9.48.020 Enforcement 9.48.030 Criminal penalties 9.48.040 Civil penalties 9.48.010 Adoption of the San Diego County Ordinance relating to the Certified Unified Program Agency. Medical Wastes. Chapter 12 of Division 8 of Title 6 of the San Diego County Code, commencing with Section 68.1201, known as the "Certified Unified Program Agency, Medical Wastes", is hereby adopted as an ordinance of the City of National City, together with any amendments and modifications of that division as have been, are or shall be duly adopted by the County of San Diego, unless local modifications are enacted by the City of National City. Copies of the Code hereby adopted by reference shall be kept on file in the Office of the City Clerk. 9.48.020 Enforcement. The provisions of this Chapter 9.48 shall be administered and enforced by the Director of Environmental Health, or designee, of the County of San Diego. 9.48.030 Criminal penalty. Section 68.1208 of the County Code of Regulatory Ordinances is adopted and is set out in full, reading as follows: 2001 Ordinance 2 Hazardous Materials and Medical Wastes Violation of any of the provisions of this chapter shall be a misdemeanor punishable by imprisonment in the County jail not exceeding one year, or a fine not exceeding ten thousand dollars ($10,000), or both. 9.48.040 Civil penalties. Section 68.1209 of the County Code of Regulatory Ordinances is adopted and is set out in full, reading as follows: Any person who violates any of the provisions of this chapter shall be liable for a civil penalty not to exceed fifteen thousand dollars ($1 S, 000) for each such violation. Section 3. The City Clerk shall send certified copies of this ordinance upon its adoption to the Clerk of the Board of Supervisors and to the Director of Environmental Health of the County of San Diego. Section 4. The City Clerk shall keep and maintain copies of the San Diego County Code of Regulatory Ordinances hereby adopted on file in the Office of the City Clerk. PASSED and ADOPTED this day of , 2001. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 2001 Ordinance 3 George H. Waters, Mayor Hazardous Materials and Medical Wastes ORDINANCE NO. (NEW SERIES) AN ORDINANCE AMENDING AND REPEALING. PORTIONS OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES, AND ADDING SECTIONS TO THE COUNTY CODE, RELATING TO THE CERTIFIED UNIFIED PROGRAM AGENCY, REGULATION OF UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES, REGULATION OF HAZARDOUS MATERIALS AND REGULATION OF MEDICAL WASTES The Board of Supervisors of the County of San Diego ordains as follows: Section 1. The Board of Supervisors finds and determines that the sections of the County Code of Regulatory Ordinances assigned to the Hazardous Materials Division of the Department of Environmental Health were established during. the 1980s and early 1990s and have not been updated since then. The Board further finds and determines that since that time, there have been many new State and Federal environmental laws and regulations passed regarding hazardous waste, underground storage tanks, hazardous materials and medical waste. The amendments made by this ordinance are intended to ensure that the applicable County Code sections reflect current State and Federal environmental laws and regulations, including the California Health and Safety Code and the Medical Waste Management Act. The provisions of this ordinance shall be operative as of January 13, 2001. Section 34. The title of Chapter 11 of Division 8 of Title 6 of the San Diego County Code is hereby amended to read as follows: CHAPTER 11. CER 111''1ED UNIFIED PROGRAM AGENCY, HAZARDOUS MATERIALS INVENTORY AND RESPONSE PLANS Section 35. Section 68.1101 of the San Diego County Code is hereby amended to read as follows: SEC. 68.1101. PURPOSE. It is the intent of the Board of Supervisors that the Director of the Department of Environmental Health shall implement Division 20, Chapter 6.95 of the Health and Safety Code. It is further the intent of the Board of Supervisors that the Director of the Department of Environmental Health expand the application of the Business Plan, Area Plan, other reporting, disclosure and monitoring requirements of Division 20, Chapter 6.95 of the Health and Safety Code in a manner hereinafter prescribed. Section 36. Sections 68.1102 through 68.1111 of the San Diego County Code are hereby repealed. Section 37. Section 68.1112 of the San Diego County Code is hereby amended to read as follows: -1- SEC. 68.1112. ENFORCEMENT OF HAZARDOUS MATERIALS RESPONSE PLAN AND INVENTORY REQUIREMENTS AT AGRICULTURAL BUSINESSES. Every business which is required, pursuant to California Health and Safety Code, to provide information regarding inventories or hazardous materials to the Agricultural Commissioner shall pay a maximum yearly fee in accordance with the Board of Supervisors resolution for such fee. Such fee shall pay the expenses of the Agricultural Commissioner in collecting annual inventories and conducting at least triennial storage inspections of agricultural businesses to ensure proper compliance with hazardous materials response plan and inventory requirements Section 38. Section 68.1113 is hereby added to the San Diego County Code, to read as follows: SEC. 68.1113. DISCLOSURE OF HAZARDOUS MATERIALS. (a) Any business which handles hazardous material subject to the requirements of Chapter 6.95 (commencing with section 25500) of Division 20 of the Health and Safety Code shall provide information in conformance with said Chapter to the Director of the Department of Environmental Health. (a) Any business which handles compressed gases with a Threshold Limit Value of 10 parts per million or less shall report these gases as part of their chemical inventory, in any quantity, and shall prepare a business plan in conformance with Chapter 6.95 (commencing with section 25500) of Division 20 of the Health and Safety Code, and shall submit said plan to the Director of the Department of Environmental Health. (c) Any business which (i) submits a plan under paragraphs (a) or (b) and (ii) handles a material which is a carcinogen or reproductive toxin in quantities not subject to the requirements of Chapter 6.95 (commencing with section 25500) of Division 20 of the Health and Safety Code, shall provide a list of each such material handled during the previous year to the Director of the Department of Environmental Health. (1) The list as required in paragraph (c) for carcinogens or reproductive toxins is not • subject to the chemical inventory reporting format requirements of the Health and Safety Code. (2) The list shall identify each material handled and shall specify whether the quantity of each such material handled at any one time during a reporting year, based upon a good faith estimate is: less than One (1) Gallon, less than Ten (10) Gallons, or less than Fifty-five (55) Gallons if measured by volume; or -2- less than One (1) Pound, less than One Hundred (100) Pounds, or less than Five Hundred (500) Pounds if measured by weight. (3) The list of such materials handled shall be renewed each year by providing a supplemental listing sheet which: (i) Deletes any such material which was not handled during the previous year; (ii) Provides the information required in subsection (1) above, for any such material used during the previous year which was not included in the list or any previous supplemental listing sheets; and (iii) Identifies any changes in the quantity handled of such material. (4) The provisions of subsections (a) and (c) shall not apply to businesses using the following carcinogens and they shall be exempted from the requirements of Chapter 6.95 (commencing with section 25500) of Division 20 of the Health and Safety Code: aflotoxins, alcoholic beverages, betel quid with tobacco, bracken fern, diesel engine exhaust, gasoline engine exhausts, tobacco smoke, aspirin, cocaine, anabolic steroids, oral contraceptives, saccharin, and tobacco. The provisions of subsection (c) shall not apply to the following carcinogens: gasoline, crystalline, silica, soot, tars and mineral oil, and residual (heavy) fuel oils. Any business which handles these carcinogens are subject to the requirements of Chapter 6.95 (commencing with section 25500) of Division 20 of the Health and Safety Code (6) The provisions of this subsection shall not apply to materials which are (i) used or intended for use for medical or therapeutic purposes, or (ii) contained solely in a consumer product for direct distribution to, and use by, the general public. (d) Unless otherwise defined herein, the definitions set forth in Health and Safety Code section 25501 through 25501.4, inclusive, govern the construction of this section. (e) For the purpose of this section, a carcinogen and reproductive toxin shall be those listed by the Governor pursuant to Health and Safety Code section 25249.8. (5) -3- Section 39. Section 68.1114 is hereby added to the San Diego County Code, to read as follows: SEC. 68.1114. PENALTIES. In addition to penalties provided in State law, the following criminal, civil and administrative civil penalties apply to violations of this Chapter. (a) Penalty for Misdemeanor. Unless otherwise specified by this Chapter, a misdemeanor is punishable by a fine not exceeding one thousand dollars ($1000), imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment. (b) Civil Penalty. Any person who violates any provision of this Chapter is liable for a civil penalty of not more than two thousand dollars ($2,000) for each day, or part thereof, such violation occurs. Any person who knowingly violates any provision of this Chapter, after reasonable notice of the violation is liable for a civil penalty of not more than five thousand dollars ($5,000) for each day, or part thereof, that such violation occurs. The County Counsel or District Attorney is authorized to bring a civil action in any court of competent jurisdiction to recover such civil penalties for the County. (c) Continuing Violation. Each and every day a violation of this chapter continues shall constitute a separate offense. The person committing or permitting such offenses may be charged with a separate offense for each such violation and punished accordingly. Section 40. Section 68.1115 is hereby added to the San Diego County Code, to read as follows: SEC. 68.1115. ADMINISTRATIVE ENFORCMENT POLICY. By written policy the Department of Environmental Health shall adopt procedures for enforcing this Chapter and Section 25514.6 of the California Health and Safety Code. Such procedures shall contain those elements required by, and shall be consistent with the provisions stated in, Health and Safety Code section 25514.6, or any successor statute thereto. The administrative enforcement procedures adopted shall not be exclusive, but are cumulative with all other remedies available by law and under this Chapter. Section 41. The title of Chapter 12 of Division 8 of Title 6 of the San Diego County Code is hereby amended to read as follows: -4- CHAPTER 12. CERTIFIED UNIFIED PROGRAM AGENCY, MEDICAL WASTES* Section 42. Section 68.1201 of the San Diego County Code is hereby amended to read as follows: SEC. 68.1201. PURPOSE It is the intent of the Board of Supervisors that the Director of the Department of Environmental Health shall implement the Medical Waste Management Act, Division 104, Part 14 of the California Health and Safety Code. Section 43. Section 68.1202 of the San Diego County Code is hereby amended to read as follows: SEC. 68.1202. SMALL QUANTITY GENERATORS. (a) It shall be unlawful for any generator of medical waste, other than a trauma scene waste management practitioner, that generates less than 200 pounds per month of medical waste to store or dispose of such wastes without an annual permit therefore from the Director of the Department of Environmental Health. Any person desiring a permit required by this chapter shall make application therefor as prescribed in Chapter 9, Section 68.906 of this division. Section 44. Section 68.1203 of the San Diego County Code is hereby amended to read as follows: (b) SEC. 68.1203. LARGE QUANTITY GENERATORS. It shall be unlawful for any generator of medical waste, other than a trauma scene waste management practitioner, that generates more than 200 pounds per month of medical waste to store or dispose of such wastes without an annual permit therefor from the Director of the Department of Environmental Health. Any person desiring a permit required by this chapter shall make application therefor as prescribed in Chapter 9, Section 68.906 of this division. Section 45. Section 68.1204 of the San Diego County Code is hereby amended to read as follows: (a) (b) SEC. 68.1204. FEE. Every person required to have a permit or license required by this division shall, at the time of making application or renewal, pay the annual fee prescribed for such a permit or license. Such -5- annual permit fees shall be specified in Section 65.107 of the County Code of Regulatory Ordinances. Section 46. Section 68.1205 of the San Diego County Code is hereby amended to read as follows: SEC. 68.1205. SHARPS CONTAINER LABELING Sharps containers must be labeled with either "biohazard" or "infectious waste" on the outside of the container. Sharps containers must also be labeled so that the generator's name, address and phone number are legible and easily visible on the outside of the container. Section 47. Section 68.1206 of the San Diego County Code is hereby amended to read as follows: SEC. 68.1206. RED BAG LABELING. Red Bags shall be red in color and conspicuously labeled with the international biohazard symbol and the word "Biohazard". The bag shall be labeled so that the generator's name, address, and phone number is legible and easily visible on the outside of the bag. Section 48. Section 68.1207 of the San Diego County Code is hereby amended to read as follows: SEC. 68.1207. MEDICAL SOLID WASTE. Medical solid waste shall include, but not be limited to, waste such as empty specimen containers, bandages, dressings containing non -liquid blood, surgical gloves, decontaminated biohazardous waste, and other materials which are not biohazardous. Section 49. Section 68.1208 is hereby added to the San Diego County Code, to read as follows: SEC. 68.1208. CRIMINAL PENALTY. Violation of any of the provisions of this chapter shall be a misdemeanor punishable by imprisonment in the County jail not exceeding one year, or a fine not exceeding ten thousand dollars ($10,000), or both. Section 50. Section 68.1209 is hereby added to the San Diego County Code, to read as follows: SEC. 68.1209. CIVIL PENALTY. Any person who violates any of the provisions of this chapter shall be liable for a civil penalty not to exceed fifteen thousand dollars ($15,000) for each such violation. -6- Section 51. Section 68.1210 is hereby added to the San Diego County Code, to read as follows: SEC. 68.1210. ADDITIONAL REMEDIES. The civil and criminal provisions of this chapter are remedies in addition to any existing remedy authorized by law and are not to be construed as conflicting with or in dereliction of, any provisions of this chapter or of this code or of law. Said provisions are to be construed as independent and non-exclusive and in no way conditioned upon each other. Section 52. Section 68.1211 of the San Diego County Code of Regulatory Ordinances is hereby amended to read as follows: SEC. 68.1211. MEDICAL SOLID WASTE SECURITY. Any person who is a generator, or an employee of a generator of medical solid wastes, shall store such wastes prior to disposal in an area secured as to deny access to unauthorized persons, animals, wind, rain, insects and rodents. If such wastes are placed in a trash receptacle or compactor which is accessible at any time to unauthorized persons, such receptacle or compactor shall be locked to prevent access to the contents thereof to anyone other than authorized persons or refuse collection personnel. -7- 4f City of National City, California COUNCIL AGENDA STATEMENT .EETING DATE June 12, 2001 AGENDA ITEM NO. 6 (ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH BRW, INCORPORATED FOR THE DESIGN OF THE 30TH STREET AND EUCLID AVENUE TRAFFIC SIGNAL INTERCONNECT AND COORDINATION PROJECT, SPEC. NO. 99-14 PREPARED BY Din Daneshfar EXPLANATION DEPARTMENT See attached Report. Engineering/Public Works Environmental Review X N/A Financial Statement Funds are available from Traffi 500-598-6543 and 313-509-50098-6555. STAFF RECOMMENDATI Adopt the Resoluti. - 0 on ingie May• to execute the agreement with BRW, Inc. for the design of the 30th Street and Euclid Avenue Tr.' is Signal Interconnect and Coordination project. igna Interconnect, Account No. 313-409- IW E-` Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) L 1. Resolution 2. Three copies of the Contract Agreement Resolution No. 2001-83 A-20RA/480) EXPLANATION: On June 21, 2000, the City issued a request for Statement of Qualifications seeking Civil Engineering Consultants to perform Civil Engineering Services for the Traffic Signal Interconnect project on Highland Avenue from Delta Street to Brisbane Street, and on 8th Street from Roosevelt Avenue to Palm Avenue (HDB), Specification No. 99-14. We received statements from three qualified firms. The firms were as follows: 1. Katz, Okisu and Associates 2251 San Diego Avenue, Suite B110 San Diego, CA 92110 2. Willdan Associates 9275 Sky Park Court, Suite 110 San Diego, CA 92123 3. BRW, Inc. 701 "B" Street, Suite 850 San Diego, CA 92101 The selection committee consisting of City Engineer, Burton S. Myers; Principal Civil Engineer, Stephen M. Kirkpatrick, and Associate Civil Engineer, Din Daneshfar, agreed upon the most qualified firm to provide the services. We found that BRW, Inc. firm to be qualified by experience and ability to perform the required services. Due to a change in the City of San Diego's South Bay Traffic Signal Interconnect project location, the progress of the project was slowed down. The South Bay Traffic Signal Interconnect project is an interagency project. The purpose of the project is to interconnect and coordinate the traffic signals along the cities of Chula Vista, National City and San Diego. The City of San Diego administers this project. The original route for the South Bay Interconnect project was 30th Street from National City Boulevard to Euclid Avenue and on Euclid Avenue from 30th Street to the north City limits (NBE). At the December 14, 2000 San Diego Transportation Engineering Committee (SANTEC) meeting, the City of San Diego proposed a new South Bay Interconnect project route through the City of National City. The new route was proposed to reduce the City of San Diego's high project cost. According to the City of San Diego's Consultant the new route would significantly reduce the total cost of the South Bay Project. The reduction in the cost resulted form the City of San Diego joining with a private utility company (Global Communication) to do its project through National City. The proposed route included Highland Avenue from Delta Street to Brisbane Street, and 8th Street from Roosevelt Avenue to Palm Avenue (HDB). The correspondences dated November 9 and December 14, 2000 are attached for detailed background information. In order to accommodate the new South Bay Interconnect route, the City of National City accepted to change its existing project route location from HDB to NBE, if adequate CMAQ funds were made available. The cost to complete the work along the City's new route (NBE) was estimated at $660,000. The available funds to complete installation of the traffic signals interconnect improvements. along the City's original route (HDB) was $513,000. See attached map for the location of routes. The City of National City needed additional CMAQ funds ($147,000) to complete its project along the new route. The primary reason for the cost difference is the increase in the length of the project. We requested the additional funds from SANTEC. On April 12, 2001, a motion was approved to reserve $147,000.00 from CMAQ Reserves for six months in order to allow time for the preparation of the fmal design cost estimate by the City of National City's Consultant. The City should confirm its requested additional amount by October 12, 2001 in order to receive the funds. Attached is the revised Contract Agreement package, which reflects the City's new project route (NBE). A project design cost of $73,650.00 was negotiated with BRW, Inc. The Consultant, BRW, Inc. has signed the Contract Agreement. We recommend BRW, Inc. to perform the required services. dd:99ia RESOLUTION NO. 2001 - 83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH BRW, INCORPORATED FOR THE DESIGN OF THE 30TH STREET AND EUCLID AVENUE TRAFFIC SIGNAL INTERCONNECT AND COORDINATION PROJECT (Engineering Spec. 99-14) WHEREAS, the City desires to employ a consultant to prepare plans, specifications and cost estimates for the Traffic Signal Interconnect (Fiber Optic Cables) and Coordination Project on 30th Street from National City Boulevard to Euclid Avenue and on Euclid Avenue from 30th Street to the north City limits; and WHEREAS, the City has determined that BRW, Inc. is a professional civil engineering firm and is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with BRW, Inc. to prepare plans, specifications and cost estimates for the Traffic Signal Interconnect (Fiber Optic Cables) and Coordination Project on 30th Street from National City Boulevard to Euclid Avenue and on Euclid Avenue from 30th Street to the north City limits. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 12th day of June, 2001. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: ar George H. Eiser, III City Attorney George H. Waters, Mayor IAttafilt7ent_ 2000 City of National City Office of the City Engineer 1243 National City Blvd., National City, California 91950-4397 (619) 336-4380 November 9,.2000 Mr. Duncan Hughes Project Manager City of San Diego Engineering and Capital Projects 1010 Second Avenue, Suite 1200 San Diego, CA 92101 Subject: REGIONAL TRAFFIC SIGNAL INTERCONNECT PROJECT Dear Mr. Hughes: On November 3, 2000, the City of San Diego's Design Consultant, Kimley-Horn Associates, Inc., held a Multi -Agency meeting at their office regarding the Regional Traffic Signal Interconnect project. At this meeting, a revised route through the City of National City was proposed for the Regional Traffic Signal Interconnect project. The proposed route significantly deviated from the original alignment which was established by the City of San Diego and was unanimously approved by the San Diego Regional Traffic Engineer's Council (SANTEC) when the grant was awarded. The original route through National City was on Euclid Avenue from the north City limits south to 30th Street, on 30th Street west to National City Boulevard, and on National City Boulevard south to the City limits. The revised route, which is now being considered by the City of San Diego, is in conjunction with a project that is being proposed by Frontier Communications. The proposed Frontier Communication line runs through National City on National City Boulevard from the south city limits north to West Street, on West Street west to Roosevelt Avenue, and on Roosevelt Avenue north to the north City limits. This is a completely different route than originally proposed. National City has already awarded a contract to interconnect the signals on National City Boulevard. The new route would provide absolutely no benefit to National City. In effect, National City is being removed from this Regional Interconnect Project. Euclid Avenue and 30th Street are two major streets in National City. Euclid Avenue is on the Regional Arterial System. The original alignment proposed as part of the Regional Interconnect Project would allow National City to close the loop which the City began by the constructing interconnect system currently being installed on National City Boulevard and Plaza Boulevard. 13 64 Recycled Paper r Based on the assumption that the City of San Diego would include 30th Street and Euclid Avenue in the Regional Traffic Signal Communication project, we did not apply for the Congestion Mitigation Air Quality (CMAQ) funds to interconnect the traffic signals along these two primary streets. Had we known that the City of San Diego would consider such a change of alignment to the Regional Interconnect project we would have submitted for these two important streets. In order to complete the City of National City's planned traffic signal communication grid system it is crucial that the original alignment remains undisturbed. We are in.opposition to the proposed rerouting concept and strongly believe that the original alignment as approved by SANTEC in the CMAQ grant award should be used. If you have any questions please contact Din Daneshfar, Associate Civil Engineer at (619) 336- 4387. Reviewed by: 'II Stephen M. Kirkpatrick Principal Civil Engineer cc: Ralph Leyva, Chairman of SANTEC Jon Collins, Kimley-Horn Associates, Inc. dd 14 SAN DIEGO BAY SWEETWATER FLOOD CITY OF SAN DIEGO CONTROL CITY OF CHUM VISTA CIVIC CENTER CITY OF SAN DIEGO DIVISION ST., W PLAZA .16TH W.18TH ST. CHANNEL ELTA ST. CI OF SA '/EGO E.BTH ST. DIVISION CITY OF NATIONAL CITY ST. E. 4TH ST. E.8TH ST. 4 LAZA BLVD. E.16TH ST E. ►8TH ST. 22N ;i ST. CITY OF CHUM VISTA I L=1,039 Fri CITY OF SAN DIEGO 2.608 FT SE VALLEY RD. NY ST. ALLEG '-G� C L= = 550 FT UNCOLN ACRES UNINCORPORATED CEMETERY CITY OF SAN DIEGO RD 10,1...L, 54 D. a N MIGUEL 3 COURT 1' NOT TO SCALE LEGEND: ® NATIONAL CITY'S ORGINAPROJECT PROJECT ROUTE/SOUTH BAY'S BAY'S INTERCONNECT ERCONNECTORIGINAL NEW ROUTE (HOB) ® NATIONAL CITY'S OR VICINITY MAP Agenda Item #6 Action: DISCUSSION December 14, 2000 SOUTHBAY TRAFFIC SIGNAL INTERCONNECT PROJECT ALTERNATE ROUTING Introduction The Southbay Traffic Signal Interconnect project is a CMAQ project that will connect traffic signal systems in San Diego, National City and Chula Vista to their respective TMCs and, through existing connections, to the Caltrans' TMC. Due to increasing construction costs, the project team is concerned about the ability to construct the project with the designated funding. An opportunity to team with a private utility company exists. Frontier Communications will be installing Fiber Optic Cable along a similar route, and through discussions with our team, has offered to provide one conduit tubing (11 inch) at no cost to the agencies, in exchange for expediting the review and permitting process. Under this scenario, the Southbay project would follow-up the Frontier project by issuing a contract to install fiber, pull boxes, splice vaults, and end equipment. This effort can be accomplished within the original CMAQ budget. The alignments being considered would differ from the Original Southbay route, particularly in National City, and the northern segment of the San Diego route. National City has expressed concerns about the particular realignment proposed by Frontier Communications. Frontier has expressed some flexibility in routing, provided that their costs are roughly equal. The three cities will be meeting prior to the December SANTEC meeting to pick a preferred alignment. P:\projects\095150s\095193003\word\SBAY SANTEC.doc 12 OR G1 L AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND BRW, Inc. THIS AGREEMENT is entered into this June 12, 2001 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and BRW, INC. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to prepare plans, specifications, cost estimates for the Traffic Signal Interconnect (Fiber Optic Cables) on 30th Street from National City Boulevard to Euclid Avenue and on Euclid Avenue from 30th Street to the north City limits, as described in Exhibit "A" (Location and Description of the Project). WHEREAS, the CITY has determined that the CONTRACTOR is a proffessional Civil Engineering firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to 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 B. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit `B" 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 Revised 52000 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. Din Daneshfar 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. Dave Bruggeman 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 "B" shall not exceed the schedule given in Exhibit "C" (the Base amount) without prior written authorization from the City's Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "B" as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement,. for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "D". The schedule shall be effective from the date of this agreement. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR assigns to the CITY and thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's 2 Revised 5/2000 written work product for the CITY's purposes, and the CON TRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The CONTRACTOR is not an employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 3 Revised 5/2000 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent. with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. The CITY expects that the CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. The CONTRACTOR warrants to the CITY that it is not now, nor has it been for the five (5) years preceding, involved in arbitration or litigation concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants 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 4 Revised 5/2000 aa- CONTRACTOR to effectively perform the services to be provided herein. The CONTRAC- TOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's performance of this Agreement. 15. WORKERS' COMPENSATION. The CON TRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. Professional Liability Insurance with minimum limits of $1,000,000 per occurrence. 5 Revised 5/2000 B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of its employees and volunteers. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of 6 Revised 5/2000 attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and 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. 7 Revised 5/2000 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Burton S. Myers Acting Public Works Director/City Engineer City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Mr. Dave Bruggeman, Principal BRW, Inc. 7720 N. 16th St., Suite 100 Phoenix, AZ 85020 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 8 Revised 5/2000 interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. Exhibit "A"- Location and Descriftion of the project Exhibit "B"- Scope of Work Exhibit "C"- Cost Proposal Exhibit "D"- Project Schedule Exhibit "E"- Work to be done by the City Exhibit "F"-Disadvantaged Business Enterprises (DBE) Contractor Contract requirements Exhibit "G"- Title 49, Code of Federal Regulations, Part 29, Debarment and Suspenstion Certification Exhibit "H"- Certification of Contractor Exhibit "I"- Certification of City 9 Revised 5/2000 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 parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY (Contractor) (Two signatures required) By: By: George H. Waters, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney 10 Revised 5/2000 Exhibit "A" "LOCATION AND DESRIPTION OF PROJECT" The project is located in the City of National City, County of San Diego, California, on 30th Street between National City Boulevard and Euclid Avenue and on Euclid Avenue between 30' Street and the north City limits. The project consists of installing fiber optic cables, re -timing of the existing traffic signals, and establishing communication between the controller designated as the field master and a central computer system at the City Hall. The traffic signal management center at the City Hall is being currently established using the BI Tran Systems latest QuickNet 4W Program. Refer to the attached vicinity map for the project location. CITY OF SAN DIE CITY OF NATIONA CITY SAN DIEGO DAY SWEETWATER FLOOD CONTROL CITY OF CHULA VISTA CITY OF SAN DIEGO DIVISION ST. W.22N0 W.24TH VA W.30TH CHANNEL YAM_ ST. L=6 646 TA ST It DIEGO VICIN STY CITY or NATIONAL CITY CITY OF CHULA VISTA AP E.16TH ST. E 18TH ST. k L=1,039 FT CITY OF SAN DIEGO -2.608 FT 1 P IRADIS` Y RD. Y C Sr 1L=8.550 771 CITY OF SAN DIEGO LNCOLN ACRES UNINCORPORATED CEMETERY irw HWY. 54 a, a �' NIGUEL COURT 1' NOT TO SCAT LEGEND: ® NATIONAL CITY'S NEW PROJECT ROUTE Exhibit B East 30th Street/Euclid Avenue Traffic Signal Interconnect Project City of National City SCOPE OF WORK 1. Data Collection The project team will generate traffic volume / speed data according to the Data Collection Instructions as provided by the City of National City. KB Data has been invited to join the BRW team to acquire this information. Traffic counts will include the following: ➢ Peak hour (AM, Noon and PM) Turning Movement Counts at 15 existing signalized intersections. The turning movement counts will be used to prepare the coordinated timing plans and identify required green time allocations between each approach of the intersection. ➢ 24-hour tube counts at 4 locations. The tube counts will be used to verify peak periods within the two corridors. Determine Saturation Flow Rates for each type of lane group found within the corridor (left, left-thru, right, right-thru, thru). Saturation flow rate studies will be generated to reflect local driving characteristics and are essential to the successful development of realistic signal timings. Conduct a field inventory to identify existing street conditions. Data collected will include the following: a) Speed Limits. Used in travel time evaluation and development of coordinated signal timing plans. This data is a direct input to the Synchro signal timing model. b) Distances Between Intersections. BRW will use a City -supplied DXF file of the City to build a Synchro model that provides very accurate network depiction. This data is a direct input to the Synchro signal timing model. c) School Speed Zones. Areas of High Pedestrian Activity. BRW will closely look at those areas where pedestrian activity is higher. We expect this to occur around school locations and commercial areas. e) Intersection Geometry. Reviewing existing lane geometry will enable us to evaluate existing intersection operations and capacities. This data is a direct input to the Synchro signal timing model. f) Crosswalk Locations. Crosswalk locations and lengths will allow us to evaluate existing flashing don't walk intervals during the development of coordinated timing plans. g) Decorative and Concrete Surfaces. The conduit design shall not disturb existing decorative surfaces or concrete sections. Conduct a complete inventory of existing traffic signal systems. Data collected will include the following: a) Existing intersection phasing by direction. b) Existing signal timing, via upload from each cabinet. c) Controller locations. d) Locations of existing loop detectors that may be in conflict with any proposed conduit route. e) Identifying existing cabinet type and internal equipment. Take digital photos of the inside of each cabinet from the front and rear. f) Identifying controller software and version. g) Existing conduit locations from City -supplied as -built plans will be visually verified in the field. h) Identification of available conduit capacity of any existing conduits proposed to be reused, through the examination of internal pull box conditions. 2. Prepare Existing Conditions Analysis Conduct travel time (floating car) studies along East 30th Street and along Euclid Avenue to document the "before condition". This data is required by the CMAQ funding to demonstrate an improvement or benefit due to the project. At least 5 runs per direction are anticipated during each of the peak periods. Each run will document travel times between each intersection and along the entire corridor. Conduct an intersection level analysis for each of the signalized intersections within the corridor. Our evaluation will focus on the following: a) Evaluate the Existing Level of Service (LOS) to determine existing operational conditions. b) Evaluate "Revised Timing Only" Improvements to determine if a reallocation of existing green times will have an significant improvement to intersection operations. c) Evaluate "Timing and Phasing" Improvements to determine if opportunities exist for improved LOS through the implementation of alternative phasing schemes. Initial review indicates that the Palm Avenue intersection may be a candidate for this type of evaluation. Split phasing which can reduce coordination benefits, currently exists on the north and south approaches. A summary of Existing Conditions will be prepared and supplied to the City. 3. Develop Coordinated Operation Strategy Identify needed intersection improvements based on the intersection level analysis results completed in Task 2. Coordinate with the Plaza Boulevard Interconnect Project to identify how the East 30th Street and Euclid Avenue systems should be linked to the central system computer at City Hall. Identify corridor level / intersection level timing strategies. Strategies include the following parameters: ➢ Use of Clearance Intervals (Yellow and All Red); ➢ Minimum Green Intervals; ➢ Pedestrian Timing / Crosswalk Distances Identify intersections where coordination timing should accommodate pedestrian intervals. A summary of recommendations for proposed improvements will be prepared and supplied to the City. 4. Prepare Plans Specifications and Cost Estimates (PS&E) The PS&E package will be developed and will include the following: a) Intersection Improvement details at 1" = 10' for any necessary controller modifications. b) Interconnect Improvements on 24" x 36" plan sheets at 1" = 40' scale. c) Intersection improvements identified in Tasks 2 and 3 above shall be incorporated into the plans if the City wishes to construct them as a part of this project. (NOTE: Proposed fee doe not currently include fee for design of any such intersection improvements and such cannot be estimate until proposed improvements are identified and considered for implementation by the City). d) Interim plan sets (three sets to the City) will be provided at the 30%, 60% and the 90% completion stages. Utility coordination sets will be mailed to the utility companies according to the distribution list provided by the City at project initiation. BRW will be responsible for incorporating utility company responses into the plans as appropriate. e) Development, submittal and revision of the Caltrans Encroachment Permit Application for crossing Route 805. Development of PS&E will include all field reviews, utility coordination, preparation of the plan package, plan revisions per City comments and delivery of the final approved mylar plans. Services will also include development of plans and schematics for the connection to the central computer, wiring diagram details, fiber splicing details, trenching details, specifications, estimates and bid documents for the equipment acquisition and field construction. 5. Construction Administration Services BRW shall respond to Requests for Information (RFI's) and clarification of plan documents either by phone or on -site, whichever is most beneficial to the project. Fee proposal assumes two on -site visits to resolve issues. 6. Develop Coordinated Timing Plans The purpose of this portion of the project is to develop coordinated traffic signal timing plans and field implement timing plans. Prepare coordinated timing plans for the AM, Noon, and PM peak hour periods. BRW will approach the development of coordinated timing plans with the careful consideration to trade-offs between arterial progression (ie bandwidth) and side street delay. These two components typically work against each other and a unique balance between them will need to be established. BRW shall use the Synchro5 model to develop balanced delay solutions, then manually adjust to optimize arterial segments. Prior to inputting the data into the computer model, the subject corridors will be broken into logical sub -systems. Computer simulation runs will be compiled for each of the three (3) time periods. Once these are completed, the output will be compared with observed network performance in the field to check the accuracy of the computer model. A total of three (3) separate timing plans will be developed for the corridors. The timing plans for East 30th Street and Euclid Avenue will consider adopting common cycle lengths with the previously developed cycle lengths along Plaza Boulevard. Each of these time periods will be modeled with pedestrian timing contained within the cycle, unless otherwise specified. The optimization procedure will include determination of appropriate cycle lengths, alternative phase sequences, and optimization of offsets and phase splits. Time -space diagrams with appropriate labeling from the final traffic signal timing plans will be provided. BRW will document findings and meet with City staff to review proposed time -space diagrams and timing options. Timing plans for each time period will be generated and properly formatted on forms (timing sheets) for input into the City's interconnect software. 7. Implementation BRW will install and fine tune the new coordinated timings into each of the controllers, field observe, adjust the timings in response to traffic and record the final timing version for each of the intersections in the project. Additionally, BRW will be available to interpret any timing plans to City staff. BRW will also work to connect the newly interconnected intersections to the central system computer. Anticipated work shall include identification of specific wiring connections, hardware (modems, connectors, cables, etc.) and any software modifications necessary for the contractor to provide a fully functioning system at City Hall, which includes the 30th Street and Euclid Avenue groups of signals. Additionally, BRW will develop customized graphics files for each of the project intersections using the BiTrans Quicnet software, insuring appropriate phase directions. Paper copies of all final timings will be placed in each controller cabinet. Paper and disk copies (Sybchro4 files) of all final timings will be given to City staff and input into the Quicnet system. 8. Evaluation The evaluation studies will include conducting travel time studies similar to that which was evaluated in the system development phase. The results of the studies will be compared to the 'Before" condition and the overall system benefits will be summarized in a final system report. 9. Training and Support It is proposed that training will consist of a two to four hour on -site training for City staff, provided and organized by BRW. Training shall cover how the coordinated timings for the subject corridors were developed, what considerations should go into future timing changes, how to deal with the most common anticipated public questions and comments, and any operational limitations caused by the coordination philosophy. An additional 4 hour training may be requested by the City at no additional cost, within a year of project completion. This allows for a period of time for staff familiarity to identify any other potential area of desired training. Subject material can be traffic signal timing, BiTrans software (200 SA and/or Quicnet) operation or any other traffic signal subject useful to City staff. • Exhibit C East 30th Street/Euclid Avenue Traffic Signal Interconnect Project City of National City COST PROPOSAL ESTIMATED HOURS BY TASK AND FEE SCHEDULE Project Manager $166/hr D Brugg. Admin Assistant $ 55/hr N Johnson Senior . Consultant $1051hr Pmrvse Tech/ Consultant $65/hr Direct. Expense:. Total Hours By Task Tatat TASK 1. Data Collection 8 1 16 $400 25 $2,815 Traffic Counts 1 2 $3,450 3 $3,745 2. Existing Conditions 32 1 32 $100 65 $7,515 3. Coord Ops Strategy 16 1 2 $50 19 $2,875 4. PS&E 30 4 88 240 $400 362 $30,410 5. Construction Admin. 12 2 4 $50 16 $2,560 6. Timing Plans 48 1 $50 48 $8,025 7. Implementation 24 2 24 $800 48 $7,390 8. Evaluation 8 2 $100 10 $1,530 9. Training 16 1 8 10 $600 34 $4,785 Aerial Photos $2,000 $2,000 TOTAL HOURS 195 15 124 302 TOTAL COST $32,175 $825 $13,020 $19,630 $8,000 $73,650 Exhibit D East 30th Street/Euclid Avenue Traffic Signal Interconnect Project City of National City PROJECT SCHEDULE Based on our recent conversations, we anticipate the completion of our work within the following schedule. This schedule assumes a start of June 1 and targets that completion of the PS&E for September to allow for funding to be committed. Time schedules fro Tasks 6 — 9 are estimated here, but depend on the time for bidding, award and contractor progress. „�..«.aa �F 1 Data Collection Month 1.5 $8,560 2 Existing Conditions Analysis Month 2 $7,515 3 Coordinated Operation Strategy Month 2.5 $2,875 4 PS&E Month 4 $30,410 5 Construction Administration During Construction $2,560 6 Timing Plan Development Month 5 $8,025 7 Timing Implementation and Fine Tuning Month 6 $7,390 8 Evaluation Month 6 $1,530 9 Training Month 6 $4,785 1. Data Collection Month 2 2. Existing Conditions 3. Coord. Ops Strategy 4. PS&E 5. Construction Admin. * 6. Timing Plans MMMMM 7. Implementation 8. Evaluation *** it** 9. Training ** NOTES: * To occur during construction. Once construction is complete, BRW will field verify integrity of the interconnect and appropriate operation. ** Can occur anytime, but suggested to occur in Month 6, once City staff has had enough exposure to the new system to develop additional questions. *** Progress dependant on Contractor progress. EXHIBIT "E" "WORK TO BE DONE BY THE CITY" 1. The City will provide available signal and timing plans, speed information, distances between intersections, etc... related to the project. 2. The City will provide available as -built drawings, aerial photos, contour maps etc. related to the project. 3. The City will provide plan mylar sheets with the City title block to be used by the Consultant for the preparation of the project plans. 4. The City's General Standard Provisions of the specifications. DD:jha exe a. EXHIBIT "F" DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONSULTANT CONTRACT REQUIREMENTS' Project Location/Identification The provisions of Title 49, Part 23, Code of Federal Regulations (49 CFR 23) and the City of Nat ignal, City 's adopted DBE Program require that Disadvantaged Business Enterprises (DBEs) have the opportunity to participate in federally -funded, transportation projects. The agency has established a goal of (. 0% ) DBE participation in this consultant contract. In order to meet these requirements, the following criteria have been established: 1. Participation by Caltrans' certified DBEs as a prime consultant or sub -consultants in this contract or 2. A good faith effort by the prime consultant in trying to secure participation by DBEs prior to award of this contract. Documentation of a good -faith -effort is to be submitted in writing and consists of the following: a) A list of Caltrans' certified DBEs solicited. b) Description of efforts to use the services of available minority community organizations; minority contractor groups; women contractor groups; and local, State, and Federal minority business assistance centers in the recruitment and placement of DBEs including name of contact, date of contact, and information they provided_ c) Identification of the portions of the work to be performed by DBEs including type of work and dollar -value. d) Documentation of good -faith negotiations between subcontractors and interested DBEs including names and dollar -values of all bids. ' Include goal as part of the contract announcement & DBE use in contract requirements and negotiations MAY-29-2001 11:32 sway-•gw-va vrs:"a#+ P.02 e2 9 Exhibit "G" DEBARMENT AND SUSPENSION CERTIFICATION 1TPLE 49, CODE OF FEDERAL. REGULATIONS, PART 29 The bidder, wider penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency. • I las not been suspended, debarred, 'voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • Does not have a proposed debarment pending; and • I [as not been indicted, convicted. or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initinting agency, and dates of action. Notes! Providing false information may remit in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. TOTAL P.02 EXHIBIT "H" CERTIFICATION OF CONSULTANT I HEREBY CERTIFY that I am the %�" ' and duly authorized representative of the firm /o� of �// ' .1 —�"' ` whose address is 77 Z D N. /6 /'s%� > `,,"t# /' i �' e, a "'a; ''T L a Sa e a , and that, except as hereby expressly stated, neither I nor the above firm that I represent have: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this agreement. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this agreement involving participation of Federal -aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil. ( ate) Signature) EXHIBIT "I" CERTIFICATION OF LOCAL AGENCY I HEREBY CERTIFY that I am the City Engineer Burton S. Myers of the City of National City (local agency) City of National City , and that the consulting firm of BRW, Inc. or its representative has not been required (except as herein expressly stated), directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this Agreement to: (a) employ, retain, agree to employ or retain, any firm or person; or (b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this Agreement involving participation of Federal -aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil. (Date) (Signature) �008 City of National City, California COUNCIL AGENDA STATEMENT .4EETING DATE JUNE 12, 2001 AGENDA ITEM NO. 7 ITEM TITLE RESOLUTION ACCEPTING THE WORK AND AUTHORIZING THE FILING OF" A NOTICE OF COMPLETION FOR THE CLAIRMONT AVENUE SEWER PROJECT, SPECIFICATION NO. 00-6 PREPARED BY Michael Long DEPARTMENT Engineering EXPLANATION On November 14, 2000 by Resolution No. 2000-148, the City Council awarded a contract in the amount of $26,420.00 to MJC Construction for the Clairmont Avenue Sewer Project, Specification No. 00-6. On March 2, 2001 a final inspection was completed and work was found to be in accordance with the approved plans and specifications. (-Environmental Review _ WA Financial Statement The final construction cost is $26,420.00. This amount is within the allocated budget for this project of dor 00.00. Funding is available through Account No. 125-409- 500-598-2014. ) f� STAFF RECOMMENDATION Adopt the Resolution` f lor, BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Contract Final Balance 3. Notice of Completion Account No. Resolution No. 2001-84 A-200 (9/80) RESOLUTION NO. 2001 — 84 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE CLAIRMONT AVENUE SEWER PROJECT (Engineering Specs. No. 00-6) BE IT RESOLVED by the City Council of the City of National City, California, as follows: It appearing to the satisfaction of .the Engineering Department that all work required to be done by MJC CONSTRUCTION, Engineering Department Specification No. 00- 6, for the Clairmont Avenue Sewer Project has been completed, the City Council of National City hereby accepts said work and authorizes the filing of a Notice of Completion and orders that payment for said work be made in accordance with said contract. PASSED and ADOPTED this 12th day of June, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, HI City Attorney CONTRACT FIP ML BALANCE Clairmont Avenue Sewer Project Specification No. 00-6 DATE: 6/5/01 Final Inspection Date: 2/19/01 Completion Date: 2/19/01 No. Item Unit Unit Price Bid Bid Qty Actual Qty Original Contract Amount Adjusted Contract Amount 1 Traffic Control LS $ 500.00 _ 1 1 $ 500.00 $ 500.00 2 Clearing and Grubbing LS $ 500.00 1 1 $ 500.00 $ 500.00 3 8" PVC Sewer Main LF $ 70.00 191 191 $ 13,370.00 $ 13,370.00 4 6" PVC Sewer Lateral EA $ 1,000.00 3 3 _ $ 3,000.00 $ 3,000.00 5 Sewer Manhole EA $ 5,000.00 1 1 $ 5,000.00 $ 5,000.00 6 Sewer Cleanout — Type A EA $ 400.00 1 1 $ 400.00 $ 400.00 7 Sewer Cleanout — Type B EA $ 300.00 3 3 $ 900.00 $ 900.00 8 Sidewalk SF $ 10.00 75 75 $ 750.00 _ $ 750.00 9 Trench Repair LS $ 2,000.00 1 1 $ 2,000.00 $ 2,000.00 Total l $26,420.00 $26,420.00 Page 1 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on June 12, 2001, of the CLAIRMONT AVENUE SEWER PROTECT, SPEC. NO. 00-6 Work of improvement or portion of work of improvement under construction or alteration. on the premises located at Clairmont Avenue, City of National City Ca 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: N/A Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with MJC CONSTRUCTION Name of Original Contractor The following work and material were supplied:191' of 8" sewer main, three 6" sewer laterals with property line cleanouts, one sewer main cleanout, one sewer manhole and restoratio of all surface improvements. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: _NLA Joint tenants, tenants in common, or other owners Dated: , 2001; Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on , 2001, at , California. Signature: GEORGE H. WATERS, MAYOR Noc 00-4 City of National City, California COUNCIL AGENDA STATEMENT ._.FETING DATE June 12, 2001 AGENDA ITEM NO. 8 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A GOVERNMENT SERVICES AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND OFFICIAL PAYMENTS CORPORATION FOR CREDIT CARD AND DEBIT CARD PAYMENT SERVICES. PREPARED BY DEPARTMENT JAY GONZALES FINANCE EXPLANATION SEE ATTACHED STAFF REPORT. Environmental Review X N/A Financial Statement Approved By: THE CREDIT/DEBIT CARD PAYMENT SYSTEM WILL ENHANCE REVENUE COLLECTION WHICH WILL RESULT IN INCREASED REVENUES FOR THE CITY STAFF RECOMMENDATION STAFF RECOMMENDS THE SERVICE AGREEMENT BE APPROVED. BOARD / COMMISSION REC MENDATION � Q. ATTACHMENTS ( Listed Below ) 1. RESOLUTION 2. SERVICE AGREEMENT COPY 3. STAFF REPORT Finance Director Account No. Resolution No. 2001-85 A-200 (9;99) RESOLUTION NO. 2001 - 85 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A GOVERNMENT SERVICES AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND OFFICIAL PAYMENTS CORPORATION FOR CREDIT CARD AND DEBIT CARD PAYMENT SERVICES WHEREAS, the City collects taxes, fines, fees and/or other monetary obligations ("taxes") from individuals and/or entities subject to its jurisdiction ("taxpayers"); and WHEREAS, Official Payments Corporation offers credit card payment and processing services through an interactive voice response telephone system operated by Official Payments Corporation for processing tax payments; and WHEREAS, the City desires to permit taxpayers to pay their taxes by means of credit cards and desires to have Official Payments Corporation provide the official payments services in connection therewith. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Government Services Agreement between the City and Official Payments Corporation for credit card and debit card payment services. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 12th day of June, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT WITH OFFICIAL PAYMENTS CORPORATION FOR CREDIT/DEBIT CARD PAYMENT SERVICES STAFF REPORT In response to numerous requests from various city service customers, the Finance Department obtained and reviewed information from credit/debit card payment service providers and met with them to discuss the details of their services. Based on these reviews and meetings with potential service providers, staff recommends the service agreement offered by Official Payments Corporation (OPC). Key factors related to their service are as follows: 1) No setup fee. 2) No ongoing cost to the city. Customers are charged a convenience fee based on the amount paid. 3) Payment may be made through the internet or by calling an 800 telephone number. 4) Daily reports are available the following day. 5) Funds are credited to the city's bank account within 2 to 3 days following date of payment based on the type of card used. 6) Credit card information is safe. OPC uses the 128 SSL data encryption technology. 7) Payment information may be downloaded directly to a dedicated city computer. Having this payment system available to city customers will enhance customer service with less number of customers in line waiting for their turn at the counter giving 'staff more time to attend phone inquiries and information research requests. In addition, staff will have more time to clean up current files and to find other ways to improve current operating procedures. Convenience Fee The agreement as presented provides that the convenience fee will be paid by the customer with the presumption that this service is for the convenience of the customer. The City, however, may choose to pay for this fee as a public service to the community. Staff Recommendation Unless the City Council chooses to pay for the convenience fee, staff recommends approval of the agreement as presented. GOVERNMENT SERVICES AGREEMENT AGREEMENT, dated as of May 25, 2001 (this "Agreement"), by and between Official Payments Corporation, a Delaware corporation ("Official Payments"), and the City of National City, California (the "City"). WHEREAS, the City collects taxes, fines, fees and/or other monetary obligations ("Taxes") from individuals and/or entities subject to its jurisdiction ("Taxpayers"); WHEREAS, Official Payments offers credit card payment and processing services through IVR (as hereinafter defined) and Internet interfaces (the "Official Payments Services"); and WHEREAS, the City desires to permit Taxpayers to pay their Taxes ("Tax Payments") by means of credit cards and desires to have Official Payments provide the Official Payments Services in connection therewith. NOW, THEREFORE, in consideration of the premises and mutual agreements contained herein, the parties hereby acknowledge and agree as follows: Definitions (a) "Card" means an unexpired and valid plastic credit, charge or "pin -less" debit card bearing the service mark of VISA®, MasterCard®, American Express®, Discover/Novus®, or other service mark as mutually agreed upon by the City and Official Payments and issued by a Card issuer to a Cardholder. (b) "Cardholder" means the person to whom the Card is issued and who is entitled to use the Card. (c) "Convenience Fee" means the fee charged to a Taxpayer by Official Payments for the convenience of using Official Payment's services to make Tax Payments, as set forth in Exhibit A hereto; provided, however, that Official Payments (in its sole discretion) may increase the Convenience Fees to be charged to Taxpayers upon 30 days notice to the City in the event that Official Payments incurs an increase in the interchange, assessment and/or other Card transaction processing related fees. (d) "IVR" means the interactive voice response telephone system operated by Official Payments for the purpose of receiving Tax Payments from Taxpayers. (e) "Official Payments System" means the proprietary credit card payment processing system developed by Official Payments for processing Tax Payments. (f) "Official Payments Website" means the URL "www.officialpayments.com" or a new URL owned by Official Payments that replaces or supplements such existing URL. (g) "Settlement Account" means the bank depository account designated by the City for the deposit of funds from Card transactions. OPC GSA v5-L (May 25 01) 2. Services to be Performed by Official Payments Official Payments shall perform the following services: (a) On behalf of the City, collect and process Tax Payments from Taxpayers using Cards, through the IVR and the Official Payments Website, beginning on a date to be mutually agreed upon by the parties; (b) Settle the City's Card transactions to the appropriate Card organizations and forward all Tax Payments from Card transactions to the Settlement Account as follows: (i) American Express Card funds will be deposited no later than 72 hours after the date of authorization of the transaction; (ii) Discover/Novus funds will be deposited no later than 72 hours after the date of authorization of the transaction; (iii) MasterCard funds will be deposited no later than 48 hours after the date of authorization of the transaction; and (iv) VISA funds will be deposited no later than 48 hours after the date of authorization of the transaction; (c) Notify each Taxpayer of the dollar amount of all payments (including with respect to the Convenience Fee) to be charged to his/her Card and obtain the Taxpayer's approval (electronic or otherwise) of such charges prior to initiating credit authorizations; (d) Provide Taxpayers with confirmation of payment transactions electronically through either the IVR or the Official Payments Website, as the case may be; (e) Electronically transmit all Card transactions to the appropriate Card processing center, in real time, as the transactions occur, and balance and reconcile electronically captured transactions on a daily basis; (f) Arrange for a unique line merchant descriptor for Tax Payments that references the name of City and arrange for a separate unique line merchant descriptor for the Convenience Fee that references Official Payments and the nature of the fee; (g) Retain credit card authorization logs and transaction records for such period of time as required by applicable law and the rules, regulations and operating procedures of the respective Card organizations, which records shall contain the following information: transaction type, date and time of transaction, Card account number and expiration date, dollar amount of transaction and approval code; (h) Provide the City with logos, graphics, and other appropriate marketing materials for the City's use in Taxpayer communications; and (i) Provide the City with periodic reports (in a mutually agreed upon format) summarizing use of the Official Payments Services by Taxpayers for the applicable reporting period. 3. Duties of the City The City shall: (a) Prior to Official Payments' commencement of the Official Payments Services, enter into all applicable merchant Card agreements and fully adhere to the rules, regulations and operating procedures of the various Card organizations, including without limitation, with respect to the use of specific Card logos and marks; (b) Prior to Official Payments' commencement of the Official Payments Services, provide Official Payments with the electronic record specifications necessary for funds settlement and the posting of Tax data related to the Card payments; (c) Provide desired reporting formats to Official Payments sufficiently in advance of the desired report delivery date; (d) Not require, as a condition to making a Tax Payment, a Card holder to agree in any way to waive such person's rights to dispute the transaction with the Card issuer for legitimate reasons; (e) Other than permitting Official Payments to charge the Convenience Fees in accordance with this Agreement, not impose any surcharge or other penalty on Card transactions made by Taxpayers for Tax Payments; (f) Establish a reasonable adjustment policy to accommodate adjustments that are required in the normal course of the City's daily operation; and (g) Promote the use by Taxpayers of the Official Payments Services including, but not limited to, publishing the relevant NR telephone number and URL for the Official Payments Website on all tax instruction booklets, citations and notices, as the case may be, and all related promotional materials. All published materials containing the Licensed Marks (as hereinafter defined) shall be approved by Official Payments prior to publishing and all published materials referencing Official Payments or the Official Payments Services shall be approved for accuracy by Official Payments prior to publishing. 4. Payments and Fees for Official Payments Services The parties acknowledge and agree that: (a) The City shall have no obligation to pay a service or transaction fee to Official Payments in consideration for Official Payments' performance of its Card payment processing services hereunder; (b) Official Payments may charge Taxpayers a Convenience Fee for each Card transaction processed, which it shall collect in addition to the corresponding Tax Payment as part of a unified Card transaction; (c) With respect to all "reversed" Card transactions that are substantiated by a Cardholder and approved by an authorized representative of Official Payments and the City: (i) the City shall refund to the Cardholder the corresponding Tax Payment; and (ii) Official Payments shall refund to the Cardholder the corresponding Convenience Fees; and (d) With respect to all "chargeback" Card transactions that are substantiated by a Cardholder and for which Official Payments has been charged by the relevant Card issuer, the City shall refund promptly to Official Payments the amount of the corresponding Tax Payment. 5. Confidentiality (a) The City acknowledges that, in connection with the transactions contemplated hereby, Official Payments may disclose to it or its respective employees, affiliates or representatives certain confidential, proprietary and non-public technical, business, intellectual property, financial, operating and/or other information about Official Payments ("Official Payments Confidential Information"). Official Payments acknowledges that, in connection with its performance of services pursuant to this Agreement, Official Payments may receive confidential Taxpayer information ("City Confidential Information" and, together with Official Payments Confidential Information, "Confidential Information"). Confidential Information shall not include information that a party can demonstrate (i) is or becomes publicly disclosed or available with no breach of this Agreement by or on behalf of such party; (ii) was previously in that party's possession (in written or other recorded form) with no obligation to maintain confidentiality; (iii) was received by such party (in written or other recorded form) from another source without any restriction on use or disclosure; or (iv) is independently developed by that party without the use of any information that would itself be independently deemed Confidential Information. Each party agrees not to use or disclose to any third party Confidential Information, except as contemplated by this Agreement or with the prior written consent of the other party.. Each party agrees to use that degree of care to protect the misuse, loss or unauthorized or inadvertent disclosure of Confidential Information as it uses to protect its own confidential and proprietary information, but in no event less than due care. Upon the expiration or termination of this Agreement, the City shall promptly return to Official Payments or destroy all materials containing Official Payments Confidential Information. (b) Notwithstanding anything in Section 5(a) to the contrary, the parties expressly acknowledge and agree that OPC may use personal information provided by Citizens in connection with establishing and maintaining individual user accounts requested to be established by such Citizens with OPC and that OPC may use aggregated Tax Payment transaction data and IVR and OPC Website traffic information for marketing and public company reporting purposes. (c) Each party agrees to give the other party immediate notice of any unauthorized use or disclosure of the other party's Confidential Information and to assist in remedying any such unauthorized use or disclosure. In the event that a party or its representatives are requested or required (including, without limitation, by subpoena, civil investigative demand or otherwise) to disclose any Confidential Information, each party agrees to (i) promptly notify the disclosing party of the existence, terms and circumstances surrounding such a request, (ii) to consult with the disclosing party on the advisability of taking legally available steps to resist or narrow such a request, and (iii) if disclosure of such information is required, to furnish only that portion of the Confidential Information which, in the opinion of the receiving party's counsel, it is legally required to disclose and to cooperate with any action by the disclosing party to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded the Confidential Information. 6. Intellectual Property In order that the City may promote the Official Payments Services, Official Payments hereby grants to the City a revocable, non-exclusive, royalty -free license to use the Official Payments logo and other service marks of Official Payments (the "Licensed Marks"). Except as contemplated by the preceding sentence, the City shall not have any other right, title, license or interest, express or implied, in and to any object code, software, hardware, trademark, service mark, trade name, trade dress, formula, know- how, system, telephone number, telephone line, domain name, URL, copyrighted image, text, script (including, without limitation, any script underlying the payment process used by Official Payments on the IVR or the Official Payments Website) or other intellectual property right. The City acknowledges that the Licensed Marks and the Official Payments System and all rights therein (with the exception of those rights expressly granted to the City hereunder) and the goodwill pertaining thereto belong exclusively to Official Payments. The City's use of the Licensed Marks shall inure to the benefit of Official Payments for the purpose of service mark ownership, registration, enforcement and maintenance. Without limiting the generality of the foregoing, the City agrees that (i) it shall not contest the fact that its rights to use the Licensed Marks are solely those of a licensee to use such marks in connection with the services to be provided to Taxpayers hereunder while this Agreement remains in effect; and (ii) upon termination of this Agreement for any reason: (A) all rights and licenses granted under this Section 7 shall revert and be fully vested in Official Payments, and (B) the City shall cease immediately using the Licensed Marks. 7. Representations and Warranties of Official Payments Official Payments hereby represents and warrants to the City as follows: (a) It is duly incorporated, existing and in good standing under the laws of the State of Delaware and has all requisite corporate power and authority to own, lease and operate its properties and assets and to carry on its business as now being conducted; (b) It has all requisite corporate power and authority to enter into, execute and deliver this Agreement; and (c) This Agreement has been duly executed and delivered by Official Payments-and_assuming this Agreement has been duly authorized, executed and delivered by the City, constitutes a valid and binding agreement of Official Payments, enforceable against it in accordance with its terms, except that (i) such enforcement may be subject to any bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or other laws, now or hereafter in effect, relating to or limiting creditors' rights generally and (ii) enforcement of this Agreement, including, among other things, the remedy of specific performance and injunctive and other forms of equitable relief, may be subject to equitable defenses and to the discretion of the court before which any proceeding therefore may be brought. 8. Representations and Warranties of the City The City hereby represents and warrants to Official Payments as follows: (a) It has all requisite power and authority to enter into, execute and deliver this Agreement; and (b) This Agreement has been duly executed and delivered by the City and assuming this Agreement has been duly authorized, executed and delivered by Official Payments, constitutes a valid and binding agreement of the City, enforceable against it in accordance with its terms, except that enforcement of this Agreement, including, among other things, the remedy of specific performance and injunctive and other forms of equitable relief, may be subject to equitable defenses and to the discretion of the court before which any proceeding therefore may be brought. 9. Force Majeure Official Payments shall not be considered in breach of or in default of any of its obligations under this Agreement, and shall in no way be liable to the City hereunder, to the extent its performance hereunder is delayed, impaired or rendered impossible by acts of God, natural disasters, war, riots, acts of a governmental entity (in a sovereign or contractual capacity), fire, storms, quarantine restrictions, floods, explosions, labor strikes, labor walkouts, extraordinary losses of utilities (including telecommunications services), external computer "hacker" attacks, delays of common carriers or similar cause that are beyond Official Payments' reasonable control and without its fault or negligence. 10. Insurance During the term of this Agreement, Official Payments shall maintain the following insurance policies with insurance companies with a current A.M Best Rating of A-VIII or better, with the minimum limits indicated: (a) Commerical General Liability Insurance: $1,000,000 each occurrence, $2,000,000 general aggregate; (b) Technology Professional Liability: $5,000,000 per claim, $5,000,000 annual aggregate. 11. Indemnification; Liability (a) Subject to the terms and conditions hereof, Official Payments agrees to indemnify and hold harmless the City and its governing officials, agents, employees and representatives (collectively, the "City Indemnitees") from and against all liabilities, demands, claims, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) incurred by any City Indemnitee as a result or arising out of (i) the willful misconduct or gross negligence of Official Payments in performing the Official Payments Services or (ii) a material breach by Official Payments of its -covenants in Sections 2(b), 4(c) or 5 in. this Agreement. (b) Subject to the terms and conditions hereof, the City agrees to indemnify and hold harmless Official Payments and its affiliates, officers, directors, stockholders, agents, employees and representatives (collectively, the "Official Payments Indemnitees") from and against all liabilities, demands, claims, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) incurred by any Official Payments Indemnitee as a result or arising out of a material breach of City's covenants in Sections 3, 4(c), 4(d), 5 or 6 in this Agreement. (c) Notwithstanding the foregoing, the parties agree that neither party shall be liable to the other for any lost profits, lost savings or other special, indirect or consequential damages, even if the party has been advised of or could have foreseen the possibility of such damages. 12. Term; Survival (a) Either party may terminate this Agreement at any time for any reason upon 60 days prior written notice to the other party. (b) Either party may terminate this Agreement at any time by written notice to the other party upon a material breach by the other party of its representations, warranties or covenants under this Agreement, which breach remains uncured for at least 30 days. (c) Official Payments may terminate this Agreement at any time upon written notice to the City in the event the provision of the Official Payments Services hereunder shall be determined by Official Payments in its sole discretion to violate any statute, regulation, rule, order or operating procedure enacted or promulgated by a governmental or judicial authority of competent jurisdiction or any Card organization or any statute, regulation, rule, order or operating procedure is enacted or promulgated which effectively reduces or eliminates the fees to be charged by Official Payments as provided under this Agreement. (d) All representations, warranties, covenants, agreements and obligations contained in this Agreement shall terminate upon termination of this Agreement; provided, however, that the obligations of the parties set forth in Sections 5 and 6 shall survive indefinitely and the obligations set forth in Section 11 shall survive for three months following termination of this Agreement; provided, further, however, that this Section 12 shall not release any party from Card related liabilities and obligations pursuant to Section 4 of this Agreement and the rules, regulations and operating procedures of the various Card organizations (including, without limitation, the right of Official Payments to make valid chargebacks to the City to the extent provided for in such rules and regulations). 13. Miscellaneous (a) Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and supersedes all other prior and contemporaneous agreements, understandings, negotiations and discussions between the parties, both oral and written, regarding such subject matter. (b) Assignment. This Agreement may not be assigned by either party without the prior written consent of the other party; provided, however, that the foregoing shall not prohibit Official 'Payments from assigning this Agreement or its rights hereunder, nor require the consent of the City, in connection with any change of control, corporate reorganization, merger or consolidation of Official Payments. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective successors and assigns. (c) Severability. If any provision of this Agreement shall be declared null, void or unenforceable in whole or in part by any court, arbitrator or governmental agency, that provision shall survive to the extent it is not so declared and all the other provisions of this Agreement shall remain in full force and effect unless, in each case, such declaration shall serve to deprive any of the parties hereto of the fundamental benefits of this Agreement. (d) Amendments. No amendment or modification to this Agreement shall be valid or enforceable unless in writing executed by the authorized representatives of Official Payments and the City. (e) Governing Law. This Agreement shall be governed by the laws of the State of California, without regard to its principles of conflicts of laws. (f) Section Headings. The headings of the sections of this Agreement are inserted for convenient reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement. (g) Third Party Beneficiaries. Except as expressly provided in this Agreement and notwithstanding the parties' mutual recognition that the credit card payment processing services to be provided by Official Payments hereunder may provide convenience and/or assistance to persons under the jurisdiction of the City in making Tax Payments, this Agreement shall not benefit or create any right or cause of action in or on behalf of any person other than the parties hereto. (h) Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed to have been duly given: (i) on the date of service if served personally on the party hereto to whom notice is given, (ii) on the date of transmission if sent via facsimile transmission to the facsimile number given below (and written confirmation is electronically obtained), (iii) on the day after delivery to a nationally recognized overnight courier service, or (iv) on the fifth day after mailing, if mailed to the party to whom such notice is to be given, by registered or certified U.S. mail, return receipt requested, and, in all cases, if prepaid and properly addressed as follows: If to Official Payments: Official Payments Corporation Three Landmark Square Stamford, Connecticut 0601-2501 Attention: General Counsel Facsimile: (203) 969-0305 If to the City: City of National City 1243 National City Boulevard National City, California 91950 Attention: Tom G. McCabe, City Manager Facsimile: (619) 336-4349 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized representatives as of the day and year first above written. OFFICIAL PAYMENTS CORPORATION By: Thomas R. Evans Chairman and Chief Executive Officer By: Chief Operating Officer CITY OF NATIONAL CITY By: George H. Waters Mayor EXHIBIT A t 'tC±t A,T. P. YMEK'l't, G'nrtzt I' l l 800 2PAY TAXsu Convenience Fee Schedule* (Tax Payment Options Only) Payment Amount From To Fees 0 99.99 $ .3 100 199.99 $ 6 200 399.99 $ 11 400 599.99 $ 16 600 999.99 $ 25 1,000 1,399.99 $ 35 1,400 1,999.99 $ 49 2,000 2,699.99 $ 68 2,700 3,499.99 $ 87 3,500 4,399.99 $ 109 4,400 5,399.99 $ 133 5,400 6,399.99 $ 159 6,400 7,399.99 $ 187 7,400 8,699.99 $ 218. 8,700 10,399.99 $ 262 10,400 12,999.99 $ 329 13,000 17,399.99 $ 437 17,400 20,999.99 $ 525 21,000 27,999.99 $ 699 28,000 35999.99 $ 899 36,000 44,999.99 $ 1,125 45,000 54999.99 $ 1,375 55,000 65,999.99 $ 1,649 66,000 76,999.99 $ 1,925 77,000 87,999.99 $ 2,199 88,000 99,999.99 $ 2,499 For payments above $100,000 to $10,000,000 please contact your credit card issuer for pre- appraval_. Then..call..the .Official . Payments "High Balance Group" at 1-800-487-4567, Menu option 7. ® Copyright 1999, Official Payments Corp. San Ramon, CA 800-2PAY-TAX Fee Schedule.doc Rev. 3/99 dEETING DATE City of National City, California COUNCIL AGENDA STATEMENT June 12, 2001 AGENDA ITEM NO. 9 (-ITEM TITLE Resolution Authorizing the Mayor and the City Engineer to Sign the Encroachment Permit and Conduit Agreement Between Global Crossing Local Services, Inc. and the City of National City PREPARED BY Adam J. Landa/ DEPARTMENT Engineering/Public Works Din Daneshfar EXPLANATION See attached explanation. Environmental Review X N/A Financial Statement N/A STAFF RECOMMEND Account No. `', g t ' ay.r an17 ngineer to execute the Encroachment Permit and Adopt the Resolution Conduit Agreement BOARD/ COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below 1. Encroachment Permit 2. Conduit Agreement 3. Global Crossing Plans (Exhibit "A") Resolution No. 2001-86 A-200 (9/80) Explanation: Global Crossing is constructing a multiple conduit containing fiber optic telecommunications system throughout the City of National City. This is part of a telecommunications system extending from San Diego to Tijuana, Mexico. The installation will consist of four (4) 1-1/2 inch high density polyethylene (HDPE) conduits approximately 15,000 feet in length and will be installed through a directional boring operation. There will be manholes and handholes associated with the conduit installation. In addition, there will be one (1) 1-1/2 inch HDPE conduit for the City's exclusive use. This will be utilized for future South Bay traffic signals interconnect project. The South Bay Traffic Signal Interconnect project is an interagency project. The purpose of the project is to interconnect and coordinate the traffic signals along the route in the cities of Chula Vista, National City,. and San Diego. The City of San Diego administers this project. The Global Crossing work will benefit the interagency traffic signal interconnect installation project and reduce its costs. Following completion of the South Bay Traffic Signal Interconnect project, the City of National City will have an interconnected traffic signal system, which will accommodate the coordination of the traffic signals along Highland Avenue and 8th Street between established limits. The project route is Highland Avenue from the south, to 8th Street to the west, to Roosevelt Avenue to the north, to Main Street, and out of the City. The installation of the conduit will be at no cost to the City. This portion of the signal interconnect project is related to another item on the Agenda today where we originally planned to use a CMAQ Grant for this work but have now transferred the funds to a 30th Street and Euclid Avenue project to complete the City's signal interconnect loop. Global Crossing requires an encroachment permit to complete their project. They have agreed to install an additional conduit for the City's exclusive use. Both the permit and agreement presented to Council for approval are in accordance with the requirements of Municipal Code Chapter 13.12. RESOLUTION NO. 2001- 86 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A CONDUIT AGREEMENT, AND AUTHORIZING THE CITY ENGINEER TO EXECUTE AN ENCROACHMENT PERMIT, WITH GLOBAL CROSSING LOCAL SERVICES, INC. AND THE CITY OF NATIONAL CITY WHEREAS Global Crossing Local Services, Inc. ("Global Crossing") is constructing a multiple conduit, fiber optic telecommunications system within the City consisting of four (4) 1-1/2 inch High Density Polyethylene ("HDPE") conduits and associated fiber optic cables (the "Project") along a route within the City (the "Project Route"), as specified in more. detail in that certain Encroachment Permit to be issued by the City to Global Crossing authorizing installation of the Project within City rights -of -way; and WHEREAS the City has a need along the Project Route for a single HDPE conduit for internal, governmental uses; and WHEREAS Global Crossing is agreeable to installing along the Project Route, in addition to the Project conduit, one additional (1) 1-1/2 inch HDPE conduit for the City's exclusive use (the "City Conduit"), and to transfer to the City title to the City Conduit upon completion of construction of the Project and the City Conduit, and Global Crossing's acceptance of the Project from its Contractor; and WHEREAS Global Crossing is willing to install the City Conduit in a workmanlike manner, consistent with the practices of the trade, and provide it to the City, and construct the Project and install the City Conduit in a manner that will reasonably facilitate the City's access to the City Conduit in the manner specified herein; and WHEREAS, the terms and conditions of the Project, including the installation of the HDPE conduit, have been memorialized in writing in the form of a Conduit Agreement and an Encroachment Permit. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Conduit Agreement, and authorizes the City Engineer to execute the Encroachment Permit with Global Crossing Local Services, Inc. Said Agreement is on file in the office of the City Clerk. Said Encroachment Permit is on file in the office of the City Engineer. -- Signature Page to Follow -- Resolution 2001-86 June 12, 2001 Page Two PASSED and ADOPTED this 12°i day of June, 2001. George H. Waters, Mayor ATTEST: #!tPPROVED AS TO FORM: Michael R. Dalla, City Clerk Georga H. iser,III ‘0‘air , City Attorney Draft: 6/3 ENCROACHMENT PERMIT This encroachment permit ("Permit") is issued to Global Crossing Local Services, Inc.("Permittee") by the City of National City ("City") under the following terms and conditions: 1. Permittee is hereby authorized by the City to install for Permittee's sole and exclusive use, certain improvements in the City's rights -of -way, to wit: an underground, multiple conduit fiber optic cable telecommunications system, approximately 15,000 feet in length, consisting of four (4) 1-1/2 inch High Density Polyethylene ("HDPE") conduits and associated fiber optic cables and equipment (the "Installations" or "Project"), the route of which (the "Project Route") is detailed on the map attached hereto as `Exhibit A." The Project will include the installation of conduit, primarily through a directional boring operation, the installation of access facilities (such as manholes and handholes) and associated equipment, and the pulling of fiber optic cable through the conduit in the streets and public rights -of -way along the Project Route. This Permit also authorizes Permittee to install along the Project Route one additional (1) 1-1/2 inch HDPE conduit for the City's exclusive use, referred to as the City Conduit and described in more detail in that certain Conduit Agreement between Permittee and City, dated as of the date hereof (the "Conduit Agreement"). This Permit shall expire 10 years from date of issuance. 2. Permittee is authorized and agrees to place, maintain, and, when applicable by reason of public necessity, relocate its Installations in conformance with National City Municipal Code chapter 13.12, (Encroachment Permit Ordinance) and any subsequent amendments thereto, as well as any other applicable local, state or federal rules or regulations. Permittee warrants that any trench, backfill, pavement restoration or other work performed by it or its employees, agents and contractors in, on, under, or to the City streets or public rights -of -way shall be free from all defects due to faulty materials or workmanship for the remaining life of the public street or right- of-way surface existing at the time of the original excavation or until such excavated area is resurfaced. Permittee further agrees to repair or remove and replace any and all such backfill, pavement restoration or other defective work, together with any other areas affected by such removal or replacement, without any expense whatsoever to City. In the event Permittee fails to diligently comply with the above -mentioned requirements, this permit may be revoked, a stop work order issued and/or legal action instigated pursuant to the provisions of the National City Municipal Code ("Municipal Code"). 3. Permittee agrees to pay all fees and comply with all applicable laws and regulations or other requirements of the City Engineer, authorized by the Municipal Code, throughout the duration of this Permit and to pay, before delinquency, all taxes, assessments or fees that may be assessed or levied upon it for its use of the public streets or rights -of -way in connection with the Project or Installations, provided that Permittee's execution of this Permit shall not operate as a waiver by Permittee of its right, and Permittee hereby reserves its right, to challenge in a court of competent jurisdiction, the lawfulness of any such tax, assessment, or fee assessed or levied upon it subsequent to the date hereof for its use of the public streets or rights - of -way in connection with the Project or Installations. Permittee further recognizes and understands that this permit may create a possessory interest subject to property taxation and agrees that any possessory interest tax which may be levied shall be the sole obligation of Permittee, and that payment for such taxes and assessments will not reduce any payment obligation to the City. 4. Permittee shall obtain a bonded Construction Permit subject to the submittal and approval requirements of the City Engineer prescribed and authorized by the Municipal Code prior to beginning any work within the public streets or right-of-way and must comply with all other applicable laws and regulations. Permittee shall also submit annual reports to the City Engineer in a format and containing any information required by the City Engineer. 5. At all times during the term of this permit, a certificate of insurance indicating the following coverages shall be on file with the City: a. Commercial General Liability — For personal injury, bodily injury and property damage, providing coverage to a combined single limit of $1 million per occurrence, subject to an annual aggregate of $10 million for general liability, completed operations and personal injury other than bodily injury. Contractual liability shall include coverage of tort liability of another party to pay for bodily injury or property damage to a third person or organization. Contractual liability limitation endorsement is not acceptable. The per occurrence limits required may be achieved by combining layers of excess or umbrella insurance with underlying Commercial General Liability Coverage, provided that the sum of the limits of all policies meet or exceed the required limits. The City shall be named an additional insured. b. Commercial Automobile Liability — For all of Permittee's vehicles, including owned, hired and non -owned vehicles, automobile insurance for bodily injury and property damage providing coverage to a combined single limit of $1 million per occurrence. Insurance certificate shall reflect coverage for any vehicle and the City shall be named as an additional insured. c. Worker's Compensation — For all employees a minimum of $500,000.00 of employers liability coverage, with an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives. 6. Permittee agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers and employees, from and against the following claims asserted, or liability established for damages or injuries to any person or property arising from the Project or from the maintenance or use of the Installations by or on behalf of persons or entities other than the City, its agents, officers and employees: claims made by Permittee's employees, agents, or officers, or judgments arising directly or indirectly out of obligations, work or services involving the Project and the Installations; claims that arise from, are connected with, or are caused or claimed to be caused by the acts or omissions of Permittee, Permittee's agents, officers and employees; claims or liabilities arising from, connected with, caused by, or claimed to be caused by the active or passive negligence acts or omissions of the City, its agents, officers, or employees which may be in combination with the negligence of Permittee, its employees, agents or officers, or any third party. Permittee's duty to defend, indemnify, protect and hold harmless shall not include any -2- claims or liabilities arising from the established sole negligence or sole willful misconduct of the City, its agents, officers or employees. 7. Permittee further agrees that this indemnification, and the duty to defend the City, require Permittee to pay any costs the City incurs that are associated with enforcing the indemnification provision, and defending any claims arising from work performed pursuant to or related to this permit. If the City chooses at its own election to conduct its own defense, participate in its defense or obtain independent legal counsel in defense of any claim related to this Permit, Permittee agrees to pay the reasonable value of attorneys fees and all of the City's costs. 8. Permittee agrees to pay the City a one time fee of $5000.00 in connection with City Engineer staff time related to plan review, permit processing and inspection (the "Processing and Review Fee"). 9. The foregoing terms and conditions of the Permit are accepted by the permittee: f 2% Ignivo Provided: (Initial all that are received) Insurance Certificates Exhibit A — Map Twenty -Four Hour Telephone Number APPROVED For the City: By: Burt Myers, City Engineer Signature Name of Entity Title of Authorized Representative Address Phone Number Fax Number E-Mail Address -3- DRAFT: 6/3/01 CONDUIT AGREEMENT BETWEEN GLOBAL CROSSING LOCAL SERVICES, INC. AND THE CITY OF NATIONAL CITY, CA This Conduit Agreement (the "Agreement") is made as of the _ day of June 2001 between Global Crossing Local Services, Inc. ("Global Crossing"), a corporation organized and existing under the laws of Michigan, and having its principal place of business in Rochester, New York, and the City of National City, California, a California municipality (the "City"). WHEREAS Global Crossing is constructing a multiple conduit, fiber optic telecommunications system within the City consisting of four (4) 1-1/2 inch High Density Polyethylene ("HDPE") conduits and associated fiber optic cables (the "Project") along a route within the City (the "Project Route"), as specified in more detail in that certain Encroachment Permit to be issued by the City to Global Crossing authorizing installation of the Project within City rights -of -way; WHEREAS the City has a need along the Project Route for a single HDPE conduit for internal, governmental uses; WHEREAS Global Crossing is agreeable to installing along the Project Route, in addition to the Project conduit, one additional (1) 1-1/2 inch HDPE conduit for the City's exclusive use (the "City Conduit"), and to transfer to the City title to the City Conduit upon completion of construction of the Project and the City Conduit, and Global Crossing's acceptance of the Project from its Contractor; WHEREAS the City has identified traffic signals within the City along the Project Route that it seeks to have the ability to tie-in to the City Conduit after completion of construction of the Project and the City Conduit (the "Traffic Signals"); WHEREAS the City has asked Global Crossing to use the locations of certain Project manholes and borepits as the points where the City Conduit will be separated from the Project Conduit and where the City Conduit can be accessed for the future construction of tie-ins to the Traffic Signals (the "Access Point Locations"), and has asked Global Crossing to locate these Project borepits and manholes so as to minimize the distance to the Traffic Signals that will be tied in at each of those locations, recognizing competing considerations such as Project design and the location of existing utilities; and WHEREAS Global Crossing is willing to install the City Conduit in a workmanlike manner, consistent with the practices of the trade, and provide it to the City, and construct the Project and install the City Conduit in a manner that will reasonably facilitate the City's access to the City Conduit in the manner specified herein; NOW THEREFORE, in consideration of the premises and for other good and valuable considerations, receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Upon the final acceptance of and assumption of title in the Project and City Conduit from its contractor, Global Crossing shall convey to the City good and clear title to the City Conduit, free and clear of all liens and encumbrances. Such transfer of title shall be evidenced by a bill of sale or such other document as the parties may reasonably agree. 2. At each Access Point Location, Global Crossing agrees to do the following: (a) Separate the City Conduit from the Project conduit and, unless otherwise directed by City staff, place the City Conduit toward the curbside of the Project; (b) Raise the City Conduit to a depth of no less than three feet at the midpoint of the respective Project bore pit or manhole; and (c) Bend the City Conduit at the entry and departure of the Project bore pits and manholes at Access Point Locations at an angle of less than 45 degrees. In addition, Global Crossing agrees to install the City Conduit so that it will rise to a depth of no less than three feet between Access Point Locations. - 3. Global Crossing agrees, in locating each Project borepit and manhole that will serve as an Access Point Location, to take into consideration the City's interest in minimizing the distance from such borepit or manhole to the Traffic Signal to be tied into the City Conduit at that Access Point Location, taking into account countervailing Project considerations, including Project design and the location of other utilities. Prior to beginning construction at a particular bore bit or manhole that is to serve as an Access Point Location, Global Crossing will provide City staff with the location of that bore pit or manhole. City staff may request Global Crossing to change the location along the Project Route of a particular bore pit or manhole that will serve as an Access Point Location based on its proximity to a Traffic Signal. Global Crossing will use all reasonable efforts to accommodate such a request, provided the distance involved shall not exceed one hundred (100) feet. Global Crossing shall also have no obligation to delay construction pending the City's review of the location of particular bore pits and manholes that will serve as Access Point Locations. 4. At each Access Point Location, Global Crossing will provide and install at a three-foot depth a 3M EMS Ball Marker, provided that Global Crossing shall have no obligation to provide more than 30 such Ball Markers. Each Access Point Location shall be marked with red paint on the pavement after completion of installation of the Project and the City Conduit. The mark shall designate the letters "NC" at each location or such other letters as the City may request. 5. The City will indemnify, hold harmless, and defend Global Crossing and Global Crossing's subsidiaries, affiliates, officers, directors, agents, employees, independent contractors, subcontractors, and representatives (collectively the "Indemnified Parties") from any and all actions, causes of action, suits, proceedings, claims, demands, judgments, bona fide compromises or settlements, penalties, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees and costs), arising out of or relating to any direct claim or third party claim or allegation arising out of or related to the maintenance or use of the City Conduit. With respect to the foregoing indemnity, the City shall defend and hold harmless all of the Indemnified Parties and each of them, at no cost or expense to them whatsoever, including but not limited to attorneys' fees and court costs. Global Crossing shall have the right, but not the obligation, to control the defense and resolution of any such action with attorneys of its own selection, and to be promptly reimbursed upon demand for all costs and expenses incurred in defending and resolving any such claims. The City will provide Global Crossing with reasonably prompt notice in writing of any claim to which this Section relates. 6. Each Project manhole and other access facility associated with the Project shall be for Global Crossing's sole and exclusive use, and nothing herein shall be deemed to provide the City with any right of access, use rights, or any other right with respect to Project manholes and other access facilities. 7. The City agrees that the City Conduit will be accessed exclusively at Access Point Locations, unless Global Crossing and the City mutually agree on additional locations along the Project Route at which the City Conduit may be accessed. To the extent the City seeks to access the City Conduit at a point along the Project Route other than at an Access Point Location, and Global Crossing consents to such additional location, such consent to not be unreasonably withheld, the City agrees to provide Global Crossing with prior notification before commencing such work, and to permit Global Crossing to designate a representative to observe the work on site. 8. Global Crossing agrees that the City Conduit will be installed by its contractor in a workmanlike manner. In addition, Global Crossing agrees to transfer to the City or assist in the to city of any applicable manufacturer warranties pertaining to the City Conduit, and for this limited purpose, city shall be deemed to be a "purchaser" with respect to transfers under such warranties. 9. EXCEPT WITH RESPECT TO THE WORKMANLIKE INSTALLATION OF THE CITY CONDUIT BY GLOBAL CROSSING'S CONTRACTORS, GLOBAL CROSSING MAKES NO OTHER WARRANTIES, REPRESENTATIONS OR AGREEMENTS, EXPRESS OR IMPLIED, WITH RESPECT TO THE CITY CONDUIT, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE OR USE, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. 10. Global Crossing and the City each acknowledge that they disagree on the amount of any additional compensation, above the Processing and Review Fee (the "Processing and Review Fee") referenced in that certain Encroachment Permit dated June 3 _, 2001 related to the Project, which the City may impose on Global Crossing under applicable California State or federal law for its use and occupancy of the City's public rights -of -way in connection with the Project. Notwithstanding the foregoing, in light of Global Crossing's agreement to provide to the City at no cost the City Conduit, the City agrees that it will not, at this time, seek from Global Crossing additional fees or compensation above the Processing and Review Fee for its access to and use of the public rights -of -way, provided that the City reserves the right in the future to seek additional fees and compensation from Global Crossing to the extent it believes such additional fees and compensation are permitted under applicable California and federal law. In the event the City seeks such additional fees and compensation from Global Crossing, the value of the City Conduit will be credited against any such additional fee or compensation sought by the City, and Global Crossing will be deemed to have reserved, and does not hereby waive, its right to challenge such additional fees and compensation in a court of competent jurisdiction. 11. This Agreement supercedes all prior oral or written understandings between the parties and constitutes the entire and complete agreement of the parties with respect to the subject matter herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first written above. CITY OF NATIONAL CITY, CA GLOBAL CROSSING LOCAL SERVICES, INC. By: By: Name: Name: Title: Title: Date: Date: 4 Girt cf woo&t7nS ENGINEERING on. RECEI,YEO ro � (a S2 I Global Crossing SAN DIEGO, CALIFORNIA. TO TIJUANA, MEXICO NATIONAL CITY PERMIT SET PREPARED BY: WC inc. .G 1WEC6• Podding. G 96002 (b:W 9a66m15 • W530)2335605 SAN IEGO. CALIFORNIA TA I IS Ic '' , S u MY I TS °4 LJ��J ©000 I+�J_ _a 1 nOm, '_ ri SAN DIEGO COUNTY. CAUFOMOA SIN DIETA. CALIFORNIA HALLER 5T -BOUNDARY s 32N0 ST O N F CA O INN IBM 28T11 M ST s sim it y 30TH ST FLORIDA D PARK BLVD 1•• SAN DIEGO \J .I tm mJiwk` wdi m m ©' ® trarissom -Eni � ■ N TIJUANA. MEXICO 44 I, PROJECT: 0067 SEGMENT SAN DIEGO. CA 10 TIJUANA. MEXICO SECTION: TOWNSHIP: RANGE: 11� _ IN Math FLORIDA PI_ • V MATERIAL LIST QUA ITT ■,, 26TH 5T', ' ■'�� ' �Z �^. C SCALE ?0 \-B SIZE DWG: CXX Q. D SIZE DWG: 6GO = f N ZZHD 5T -41�� Global Crossing NO MR OPTIC CABLE ROUTE SAN 'DIEGO. CA TO TIJUANA MEXICO REVISIONS DATE: ENGINEER: ZIMMERMAN P TO MP SHEET KETMAP I NATIONAL CITY ROJECT: 0047 EGME SAN DIEGO, CA To TIJUANA. MEXICO SECTION: TOWNSHIP: RANGE: MATERIAL LIST 0UANIRY Global Crossing MIIL TIBER OPTIC CABLE ROUTE SAN DIEGO. CA TO TIJUANA MEXICO REVISIONS SCALE �s DATE: ENGINEER: ZIMMERMAN MP TO MP SHEE KEYMAP 2 GUANi11Y PROJECT: 0047 EGMENT: SAN DIEGO. CA io TIJUANA. MEXICO SECTION: TOWNSHIP: RANGE: MATERIAL UST Global Crossing BRIE: FIBER OPTC COlIC ROUE SAN DIEGO. CA to TIJUANA MEXICO REVISIONS SCALE B SIZE NIG: 1200' = 1' O SIZE DWG B00' = I. DATE: ENGINEER: ZIMMERMAN P TO MP SHEET KEYNAP 3 SAN DIEGO CALIFORNIA DEGO GOURD% GAMMA MM DEGD, CREFDROM SAN DIEGO - TIJUANA. MEXICO AID Usn}o1 a 27TH ST PROJECT: OW CEMENT: SAN DIEGO. CA To TIJUANA. MEXICO SECTION: TOWNSHIP: RANGE: ATERIAL LIST SU.WTI Global Crossing FEEL ODER OPEC CAKE RODE SAN DIEGO, CA DI TIJUANA MEXICO REVISIONS o. 0 SITE OWG: 1200. = 1 56E DWG: ROD' a I' DATE: ENGINEER: ZIMMERMA MP TO MP SHEET EYMAP 4 ROJECT: 0067 SAN DIEGO. CA TO TIJUANA, MEXICO SECTION: TOWNSHIP: RANGE: .TERIAL UST WAN11 • Global Crossing TIT U: ROER OTC CABLE ROVE SAN DIEGO. CA TO TIJUANA MEXICO 11.0 REVISIONS ovcwmx SCALE .mm> B SIZE ONG: 1200' = I' 0 SIZE OWE: 600' = 1' DATE: ENGINEER: ZIMMERMAN MP TO MP SHEET SAN DIEGO MITT, CMHORNA SAN DLO. GOFORNM TYPICAL DUCT BORE PROFILE AND ROUTING I• BORE FIT I MAHOO 10 EXCEPT MAHIIGFS DISTANCE BETWEEN DUN PITS NAMES ON SOIL CONDITIONS MO EXISTING NINNIES A - NANIOIE B - WHOLE A DUCT - I$' HOPE ORANGE B DUCT - 1.5' HOPE MACE C DUCT - IS HOPE GLUE 0 DUCT - 1.5' HOPE TROTH 1(1) OCT - 15 HOPE WHITE ( ALTERNATE I ) AT WIBILE LOCATIONS F(2) DNG - 15 HOPE NNW ( AOERW1E 2) AT NANHNE LOCATIONS PIACDOIH OE THE E ONCE IS DEPONENT WON IUCAn0H Or THE SIGNAL CONTROL BOX AT EACH MANHOLE SR NOT TO SCALE PROJECT: 0047 SEGMENT: SAN DIEGO, CALIFORNIA To TIJUANA. MEXICO SECTION: TOWNSHIP: RANGE: MATERIAL UST WANT= MANHOLE SPECIFICATIONS TYPICAL BORE PIT / TRENCH DETAIL NOTES: MANHOLE SPECIFICATIONS I. CONCRETE - 10 DAY COMPRESSIVE STRENGTH -C a 4000 PSL 2. RFGO - (4 ASTM A-61S GRADE 60 . NEST - A5111 A-165 GRADE BR . REINFORCING PLACEMENT - 414 / 4 GAUGE THROWN OUT BASE. /t BAR 1e ON CENTER IN LIDS . LOCKING LID 6. H-20 WADING REQUIREMENT NOT TO SCALE rJ � C-sew DUCT IS SOT MOVE GLOBAL CROSSING DUCT FOR LATER ACCESS A,B.0 a 0- GLOAT CROSSING DUCTS NOT TO SCALE i Global Crossing TIDE: FIBER OPTIC CABLE ROUT SAN DIEGO. CA TO TIJUANA. MEXICO REVISIONS 601. SCALE B SEE DWG: 1' = 40' DATE: ENGINEER: ZIMMERMAN MP TO MP SHEET i4 TYP BORE, MANHOLE, TRENCH SAN MECO COWRO, CAUFOMOA SAN OEW, CAIFQNN. TYPICAL MANHOLE PLACEMENT AND CONDUIT DISTRIBUTION SCHEME PROJECT: 0047 E DUCT E(1) DUCT E DUCT `C&D DUCT A&U DUCT E(2) DUCTJ A - AMUSE B - MWNOIE A DIET - H.5' HOPE ORANGE B DIET - IS HOPE BUCK C ONO - 15' HOPE BLUE 0 OLCI - 1.5' HOPE GREEN 2(1) WC1 - 1.5' HOPE NMIE ( ALTERNATE I ) AT MANHOLE LOCATIONS E(2) DUCT - 1.5 HOPE YMIIE ( ALTERNATE E ) AT WHOLE LOCATIONS PLACEMENT OF THE E DUCT 5 100ENODO UPON IOUION OP THE SIGNAL CONTROL BOX AT EACH MANHOLE 5RA C & D DUCT MATERIAL LIST SEGMENT: SAN DIEGO. CALIFORNIA 0 TIJUANA, MEXICO. SECTION: TOWNSHIP: RANGE: QUANTITY e Global Crossing ERE: TIBER OPDC CABLE ROUTE SAN DIEGO. CA TO TIJUANA, MEXICO REVISIONS Nat INIAA SCALE B SIZE DWG: I' = AO' DATE: ENGINEER: ZIMMERMAN MP TO MP SHEET TOP MANHOLE & DUCT SON DEGO COUNR, CWTOMW. SAN DVAI, GAMS ENGINEERING CONSULTANT: NETWORK DEVELOPMENT CONSULTANTS. INC. ADMINISTRATIVE OFFICE KEVIN LEARY, PE, PRESIDENT 100 EAST CYPRESS REDDING, CA 95002 (5301226-6675 NDC PROJECT ENGINEER TED ZIMMERMAN 1761 HOTEL CIRCLE SO. SUITE 330 SAN DIEGO, CA 92108 (619) 220-6816 CONTACT SHEET THE CITY OF SAN DIEGO UNDERGROUND SERVICE ALERT LAND DEVELOPMENT REVIEW (800) 422-4133 PLANNING AND DEVELOPMENT REVIEW 1222 FIRST AVENUE EMERGENCY CALLS MS 501 911 SAN DIEGO, CA. 92101 BERRIC BORINGO (619)446-5306 CITY OF NATIONAL CITY ENGINEERING DEPARTMENT 1243 NATIONAL CITY BLVD. NATIONAL CITY. CA.91950 ABRAHAM FOLK (619) 336-4388 CITY OF CHULA VISTA PUBLIC WORKS DEPARTMENT PERMITS SECTION 276 FOURTH AVENUE CHULA VISTA, CA. 91910 SYLVESTER EVETOVICH (619) 6915115 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION DISTRICT 11, MS-48 4080 TAYLOR STREET SAN DIEGO, CA 92186 CHRIS D. CUTLER (619) 688-6158 MEFROPOUTAN TRANSIT DEVELOPMENT BOARD 1255 IMPERIAL AVE. SUITE 1000 SAN DIEGO, CA. 92101 DIANE WHITE (619) 557.4549 "USA" "CALL BEFORE YOU DIG" 1—BOU-422-4133 CALL TWO DAYS IN ADVANCE BEFORE YOU DIG PROJECT: 0047 SEGMENT SAN DIEGO, CALIFORNIA TO TIJUANA. MEXICO SECTION: TOWNSHIP: RANGE: MATERIAL LIST aw"NTY *Global Crossing IIDG EWER OPTIC CANE ROUTE SAN DIEGO. CA TO TIJUANA MEXICO REVISIONS OLSCTOTTO SCALE 8 SEE DING: I' = 40' 0 SIZE OWE: I" = 20' DATE: ENGINEER: ZIMMERMAN MP TO MP SHEET CONTACT SHEET SAN BEGS COUNT, CALIFORNIA SAN NEGO. CAL AIM 1. GENERAL NOTES SHALL APPLY TO ALL DRAWINGS. 2 ALL WORK SHALL COMPLY WITH THE CODES AND REQUIREMENTS OF AIL APPLICABLE REGULATORY AGENCIES ANDIOR RIGHT-OF- WAY GRANTOR. a CONTRACTOR SHALL CONFORM TO ALL JURISDICTIONAL BACKFILL PROCEDURES WHEN EXCAVATING W RIGHT.OF-WAY. 4. CONTRACTOR SHALL CONTACT ALL APPLICABLE JURISDICTIONAL AGENCIES AS SPECIE® BY PERMIT DOCUMENTS OR A MINIMUM OF 48 HOURS IN ADVANCE OF CONSTRUCTION. 5. CONTRACTOR SHALL NOTIFY ADJACENT PROPERTY OWNERS A MINIMUM OF 72 HOURS IN ADVANCE OF CONSTRUCTION. 6. AU. tECESSARY AND APPROPRIATE TRAFFIC CONTROL DEVICES SHALL BE IN PLACE BEFORE WORMS STARTED. DEVICES NO LONGER REQUIRED SHALL BE REMOVED AS SOON AS POSSIBLE 7. EXISTING UTIUTIES ARE SHOWN IN APPROXIMATE LOCATIONS ONLY. ADDITT NAL UTILITIES MAY EXIST AND MAY NOT BE SHOWN. L CONTRACTOR SHALL VERIFY EXACT LOCATION AND ELEVATION OF ALL EXISTING UTLRIES IN AREA OF WORK PRIOR TO CONSTRUCTION. CALL UNDERGROUND SERVICE ALERT (USA, 1- 800-227-2600) AND ALL OTHER UTILITY COMPANIES AT LEAST 2 WONONG DAYS (BUT NOT MORE THAN 14 CALENDAR DAYS) PRIOR TO CONSTRUCTION. 9. TRAFFIC SIGNAL DETECTOR LOOP CIRCUITS ARE NOT SHOWN. CONTRACTOR SHALL LOCATE AU. TRAFFIC SIGNAL DETECTOR LOOP CIRCUITS PRIOR TO ANY TRENCHING OR BORING. ALL TRAFFIC LOOP DETECTOR CIRCUITS SHALL BE MAINTAINED AND PROTECTED. NOTIFY TRAFFIC DEPARTMENT48 H0URS PRIOR TO ANY WORK IN THESE AREAS. 10. EXISTING SIGNS. DELINEATION, GUARDRAILS, MARINERS, TREES FENCES, WALKS, STEPS, ETC. THAT APE DISTURBED BY THIS CONSTRUCTION SHALL BE REPLACED IN THEM ORIGINAL LOCATION OR RESTORED TO THEIR ORIGINAL CONORRNN. 11. THE REMOVAL,STORAGE. AND REPLACEMENT OF ALL SHRUBBERY WILL BE THE RES'ONSIBUTY OF THE CONTRACTOR. 12 APPROXIMATE LOCATIONS OF SPLICE BOXES ARE SHOWN ON THIS PLAN. EXACT FINAL LOCATIONS SHALL BE DETERMINED N THE FIELD AFTER ALL EXISTING UTILITIES IN THE AREA OF WORK HAVE BEEN LOCATED. COORDINATE FINAL SPLICE BOX LOCATIONS WITH OWNER'S REPRESENTATIVE 13. WHEREVER POSSIBLE A 12' SEPARATION BETWEEN OWNER'S CONDUIT AND OTHER UTILITIES SHALL BE MAINTAINED AT CROSSINGS. 14. CONTRACTOR IS RESPONSIBLE FOR ANY INCIDENTAL TRENCHNG REQUIRED DUE TO OBSTRUCTIONS ALONG PLOW LINE 15. CONTRACTOR SHALL USE HAND TOOLS AND EXTREME CARE WHEN WORKING IN CLOSE PROXIMITY TO EXISTING MIMES. 16. UNLESS OTHERWISE STATED, ALL DIRECTIONAL BORES SHALL BE A MINIMUM OF 4E DEEP AND SOW BOTTOM OF PAVEMENT STRUCTURAL SECTION. 17. 18. 19. 20. 21. 22. ALL BORING SHALL BE ROUTED TO AVOID ALL OBSTRUCTIONS THAT MAYBE ENCOUNTERED IN THE FIELD. ALL SURFACE MOUNTED HANDHOES SHAH I BE FLUSH WITH THE EXISTING COVER UNLESS OTHERWISE SPECIFIED AS NECESSARY (I.E FUTURE SIDEWALK, DECORATIVE LANDSCAPING. ETC.). CONDUITS SHALL ACCESS MANHOLES IN A STRAIGHT UNE TO FACILITATE CABLE INSTALLATION. ALL 90DEGREE BENDS IN CONDUIT CONSTRUCTION SHALL BE A MINIMUM 6 RADIUS UNLESS SPECIFIED OTHERWISE. AT FINK INSTALLATIONS, AGROUND ROD SHAM DE INSTALLED IN THE HANDHGLE OR MANHOLE AT SIP LOCATIONS, A GROUND ROD SHALL BE INSTALLED IN PEDESTAL TO THE GREATEST EXTENT PRACTICAL. ALL WARNING SIGNS SHALL BE LOCATED AT THE PROPERTY LINE. RIGHT-OF-WAY UNE, POE LINE OR FENCE LINE. 23. AT THE END OF EACH WORKDAY, CONDUIT CAPS SHALL BE PLACED ON ALL VACANT DUCTS. 24. EXCAVATION MATERIALS SHALL BE STORED AWAY FROM THE PAVED ROADWAY WHENEVERPOSSIBLE. ALL SPILLED MATERIAL IS TO BE REMOVED TO AVOID SLIPPERY CONDITIONS 25. NO EQUIPMENT OR MATERIALS STALL BE STORED OR PERMITTED TO STAND UNPROTECTED WHERE TRAFFIC IS MAINTAINED UNLESS R IS ALLOWED BY THE APPROPRIATE PERMITTING AUTHORITY IN WRITING. 26. NO EQUIPMENT OR MATERIALS SHALL BE STORED ON ROAD SURFACE DURING NON -WORKING PERIODS UNLESS IT IS ALLOWED BY THE APPROPRIATE PERMITTING AUTHORITY IN WRITING. 27. NO EQUIPMENT OR MATERIALS SHALL BE STORED ON SIDEWALK AT ANY TIME 20. UNTIL FINAL ACCEPTANCE BY THE OWNER, THE CONTRACTOR IS RESPONSIBLE FOR LOCATING ALL UNDER GROUND FACILITIES UNDER ITS CARE AND CUSTODY, AND RESPONDING TO USA LOCATE REQUESTS. 29. CONTRACTOR SHALL DIRECT ALL QUESTIONS THROUGH OWNER'S REPRESENTATIVE. 30. THISPROJECT WAS LONGITUDINALLY STATIONED ALONG THE ROAD CENTERLINE THE PROPOSED CONDUIT FOOTAGE MAY DIFFER FROM THE STATIONED FOOTAGE DUE TO RUNNING UNE CHANGES WITHIN THE RIGHT OF WAY. 31. SPACING OF BORE PITS WILL BE DEPENDENT UPON SOB CONDITIONS. SPACING WILL BE DETERMINED M THE FIELD. TRAFFIC CONTROL 1. THE TRAFFIC CONTROL PLAN PRESETIDTMT ISPR0Po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o TIJUANA, MEXICO SECTION: TOWNSHIP: RANGE: MATERIAL LIST DUYmlY Global Grossing llllE: FIBER OPTIC CASE BOUT SAN DIEGO, CA IS TIJUANA. MEXICO REVISIONS 2.90.11011 Mt- TA STE iLIF- SCALE B SIZE OWE I' = 40' 0 SIZE DWG: I' = 2tl DATE: ENGINEER: ZIMMERMAN MP TO MP SHEET DM19 NOTES \ $ ! ( § ] !• ,,.:ems / '■ |,|||. SAN DIEGO CAUFORNIA Sul DEGO COWRT. WORM SAN DIECO, CALIFORNIA TIJUANA. MEXICO 6 eO i 1 OsNM m IJ Ft: mR $ ON SC NI 0511tMt4 M¢ CNN \ ea i \ CF MN N N n \ 1 a n K NOR P W L CJY0161010000601 RN art N01NLm0 O1 000OMNw ICS DM. W HOPE CONFIGURATION 1@ STS 1tlmm N OF 79006 0— O) ,0 xm 0— OI Is 00 0— III I2-w2L 0— O) Xs' mN 0— 10 RH HOPE CONFIGURATION 1100 AF 000$ 10 XIF 2405 0— IO IY INN 0— III IS' ices 0— (I) IS. N0F2 0— RI)IS'Nut 0— al 00 PROJECT: 0047 SEGMENT: SAN DIEGO. CALIFORNIA To TIJUANA, MEXICO SECTION: TOWNSHIP: RANGE: MATERIAL LIST QUANTITY NAL ass 5' OSP f0000101 METE es HOPE CONFIGURATION r1019F 00,061* AF DNS 0— its Is' IXK 0— O) is IPE 0— IN IS. INK 0— MIS' NW 0— 111 IS oo Y MANHOLE CONFIGURATION m Im Global Crossing 11111: FINER OPEC CABLE ROUTE SAN DIEGO CA TO TIJUANA, MEXICO EVISIONS IS AC Imma SCALE R SIDE DWG: I• = JO' D SIZE ONO: I•=2O' DATE: ENGINEER: ZIMMERMAN MP TO MP SHEET 014 IC 057 SAN DIEGO, CALIFORNIA SIX WOO GOO NW, C000RNIA SAN OIEGO, GRIMM TIJUANA, MEXICO X MIL CLOW MOM A MN 96l0119KE Mt W NNt WON W not 4MM G 11611011015 PROJECT: 0047 SEGMENT SAN DIEGO, CALIFORNIA To TIJUANA. MEXICO SECTION: TOWNSHIP: RANGE: MATERIAL UST QUANTITY QUA 15' 110PC Global Crossing IRIS: FIBER OPTIC CABLE ROUTE SAN DIEGO, CA TQ TIJUANA, MEXICO EVISIONS M. 10.1111L SCALE B SIRS ORIG: I = 1O' R SIZE DWG: I• = 50 DATE: ENGINEER: ZIMMERMAN MP TO MP SHEET 0570 SAN DIEGO. CALIFORNIA SAN DOD COMO, CI1UF01 SW OM. CNNORNM 11JUANA, MEXICO XNL: OIWI lOAD 6 NOT 11(461000 IVM urW sows OF NN Ornx o MIRK MANHOLE CONFIGURATION l®Y®\ HOPE CONF16U001ION FM m IHa TO S. »Two 0— 0) IS NNE 0— (I) IS' 141f 0- DI Is- PP. 0— PI Is• Iwc 0— EN Is' Imx1 sO P OJECT: 0042 SEGMENT; N DIEGO. CA to TIJUANA. MEXICO SECTION: TOWNSHIP: RANGE: TO SERIAL LI OUMNIIT Im• ® Global Crossing ROE: OBER OPTIC CABLE ROUTE SAN DIEGO. CA 10 TIJUANA, MEXICO REVISIONS O SIZE DOG: 1' v 40. 0 SIZE DWG: I' = 20' DATE: ENGINEER: ZIMMERMAN P TO MP SHEET OSO SAN DIEGO CALIFORNIA SAN MGO COMM CAUFOAMA TIJUANA, MEXICO SW DIEGO. CAUFORNM S 1MG RWL =PIS 6 WI IIYO@Y[ MYN NM 0INW® NOT WMMI ec PA.MN W IXOM IDNFIGUAAIlN 6 HOPE CONFIGURATION PI N.m TO SIT 300•9f 0— OS TS MST 0— OS Is" 'MT 0— DI IS N0F 0— OI II"IRH 0- TO Tr M➢N to 0 M0 S m MATERIAL LIST PROJECT: 0067 SEGMENT: SAN DIEGO. CA To TIJUANA, MEXICO SECTION: TOWNSHIP: RANGE: OUANHTY MIBL Global Crossing TIRE: DAFR OPTIC CABLE ROW SAN DIEGO, CA To TIJUANA. MEXICO REVISIONS ITATI oTscOSTOTT w 110. nc SCALE R SIDE ZWG: O SIZE OWE: I' = 20' DATE: ENGINEER: ZIMMERMAN MP TO MP Im SHEET TUTS MO 059 SAN D SAN DIEGO. CALIFORNIAUO GWNR, UOfOPnA TIJUANA. MEXICO SAX DIEGO, CALFURIRA F XF CP p M p IRIS WALL =mu 4 NOI mOImIF IN AM VIM TIp101 N19001 6- COMIGURAIION /'FO>X <m\ HOPE CONFIGURATION 005 STA myf TO m 000•1. PROJECT: 0047 SEGMENT• SAN DIEGO. CA TO TIJUANA. MEXICO SECTION: TOWNSHIP: RANGE: W4 V OF 0.1 Er An Li m IM MATERIAL LIST QUANTIFY IS' HOPS CROW i Global Crossing TOU: FIBER UPTON CABLE BOGIE SAN DIEGO, CA TQ TIJUANA MEXICO REVISIONS cAn CErtonniopi WILL SCALE R SIZE DWG: I' = 40' O SIZE DWG: I• = 20' DATE: ENGINEER: ZIMMERMAN MP TO MP SHEET SCSI MR 060 SAN DIEGO, CALIFORNIA B HR I6 SAX DECO CODDY. CAISDNN TIJUANA. MEXICO SAN DECO. CALIFORNIA 1 I I _ss NIA° ) II N 9S-5A G 6 .45 IOTA GLOM MMUS 6 Y9 NWIAOIS fa W Mr( SNOT (Y MN WOO OM 5M WPM H NAME CONFNORATUII HOPE CONFIGURATION ANA AA HIGH W PS R11N5T 0— ID 13' PIPE 0— V) IS''NT 0- IN1S' wW 0— V) Is el! 0— iron PROJECT: 0047 SEGMENT: SAN DIEGO. CA to TIJUANA, MEXICO SECTION: TOWNSHIP: RANGE: I 1 W c a X + C ^ 10 fly 8 MATERIAL LIST QUANTITY GIRL IS MOM 2640 Global Crossing TOTE FIBER OPTIC CABLE ROUTE SAN DIEGO, CA TU TIJUANA, MEXICO REVISIONS A. SCALE B SIZE DWG I' = 40' 0 SIZE DWG: I' U 20' GATE: 10/S/00 ENGINEER: ZIMMERMAN MP TO MP SHEET t.6w OUT le a w 1 s S 0 o. 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ITEM TITLE RESOLUTION: APPROVING THE NEGATIVE DECLARATION FOR THE PROPOSED 2001 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT PREPARED BY Paul Desrochers Executive Director EXPLANATION DEPARTMENT For explanation refer to Public Hearing item. CDC Environmental Review A Financial Statement Account No. STAFF RECOMMENDATION BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below I Resolution No. A-200 (9/80) RESOLUTION NO. 2001 - 87 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE NEGATIVE DECLARATION FOR THE PROPOSED 2001 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT WHEREAS, the City Council of the City of National City and the Community Development Commission of the City of National City ("CDC") did duly pass and adopt a Redevelopment Plan for the National City Redevelopment Project ("Plan"); and WHEREAS, the CDC has formulated aRamendment to the Plan ("2001 Amendment") to the Plan which would permit the CDC the authority to use eminent domain within four parcels in the National City Redevelopment Project Area; and WHEREAS, a Negative Declaration was prepared on the proposed 2001 Amendment ("Negative Declaration"); and WHEREAS, a notice of the availability of the Negative Declaration for public review and comment was published on May 18, May 25, and June 1, 2001 in the Star News, a newspaper of general circulation in the City of National City; and WHEREAS, on June 12, 2001, the CDC and City Council held a joint public hearing on the proposed 2001 Amendment and received and considered all evidence and testimony pertaining thereto. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby finds and determines that there is not substantial evidence that the proposed 2001 Amendment will have a significant effect on the environment and that the Negative Declaration reflects the independent judgment and analysis of the City Council based upon the whole record of the Negative Declaration, including the Initial Study contained therein, any comments received and evidence and testimony received at the joint public hearing on the Negative Declaration. BE IT FURTHER RESOLVED that the City Council has reviewed and considered the information contained in the Negative Declaration prepared for the Amendment and hereby approves the Negative Declaration. A copy of said Declaration is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Clerk is authorized to file, in cooperation with the Secretary of the CDC, a joint Notice of Determination with the County Clerk of the County of San Diego following adoption by the City Council of the ordinance adopting the Amendment. -- Signature Page to Follow -- Resolution No. 2001 — 87 June 12, 2001 Page Two PASSED and ADOYt'El) this 12th day of June, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NOTICE OF AVAILABILITY INTENT TO ADOPT A NEGATIVE DECLARATION To: Subject: State, Regional, Taxing and. Local From: Paul DesRochers Review Agencies Community Development Commission of National City �(j� E 140 E. 12 Street, Suiter8grny J. Smith, queerMy .( National City, CA 91950-3312 pR Telephone: (619) 336-4250 • - 1 1 2001 BY Notice of Availability of Initial Study in Support of a Negative Dec aration m nivimr compliance with Sections 21092 and 21092.3 of the Public Resources Code. NOTICE IS HEREBY GIVEN that the Community Development Commission of National City has prepared an Initial Study that supports a finding of a Negative Declaration for the following project: Project Title: Project Location: Project Description: Hearing: Establish the Authority to Use Eminent Domain to acquire approximately 16 acres of land located at the southwest corner of Highland Avenue and Plaza Boulevard. The property is located at the southwest corner of the intersection of Plaza Boulevard and Highland Avenue in the City of National City in San Diego County. The project is the establishment of the authority to use eminent domain to acquire approximately 16 acres of land located at the southwest corner of Highland Avenue and Plaza Boulevard, if desired by the Commission. Establishing the authority to acquire property by eminent domain does not require the Commission to acquire the property, but allows the Commission the ability to acquire all or a portion of the property by eminent domain if it so desires. A joint hearing before the Community Development Commission and City Council has been tentatively set for June 12, 2001 to consider adoption of the Negative Declaration for this project. Notice of the hearing will also be published in the (name of local newspaper) for three consecutive weeks prior to the hearing. The hearing will be held in the Council Chamber of the City Hall located at 1243 National City Boulevard, National City, CA 91950. The telephone number is 619- 336-4226. Please provide any written response to the Negative Declaration to the address referenced above at the earliest possible date, but no later than May 10, 2001 which is the end of the 30 day public review period. Date: April 6, 2001 FILED IN THE OFFICE OF THE COUNTY CLERK SAN DIEGO COUNTY ON APR 1 1 20a1 DOS 1 FD A:PR 1122 31 REMOVED MAY 1 5 2(101 RETURNED TO AGENCY ON MAY 1 5 2001 DEPUTY _ California Environmental Quality Act Initial Study Community Development Commission of National City 140 E. 12t" Street, Suite B National City, California 91950-3312 Telephone (619) 336-4250 Fax (619)336-4286 Project Title and File No.: National City Redevelopment Plan Amendment Lead Commission: Project Contact: Project Sponsor: Project Location: Project Description: Community Development Commission of National City 140 E. 12th Street, Suite B National City, CA 91950-3312 (619)336-4250 Paul DesRochers Executive Director 140 E. 12th Street, Suite B National City, CA 91950-3312 (619) 336-4250 Community Development Commission of National City 140 E. 12t1i Street, Suite B National City, CA 91950-3312 (619) 336-4250 The proposed redevelopment plan amendment would establish the authority to use eminent — domain to acquire approximately 16 acres of land located at the southwest corner of Plaz Boulevard and Highland Avenue ("Site"). Figure 1 is a Local Vicinity map showing the boundary of the Site. The proposed redevelopment plan amendment will amend the existing National City Redevelopment Plan to establish the authority for the Commission to use eminent domain to acquire all or a portion of the 16 acres of land located at the southwest corner of Plaza Boulevard and Highland Avenue. Figure 2 shows the location of the 16-acre Site within the National City Redevelopment Project Area. The Site includes the former Fedco site and several commercial buildings located immediately adjacent to the intersection of Plaza Boulevard and Highland Avenue. The Site is comprised of two separate property owners. The authority to use eminent domain to acquire property for the Site would be subject to the Redevelopment Plan's existing time limit on commencing eminent domain activity. This time limit expires on June 18, 2007. Figures 3 through 6 show photographs of the Site. A private development project is currently being considered for the entire 16-acre Site. At this time the K-Mart Corporation is considering developing the former Fedco property along with the additional property at the southwest corner of Plaza Boulevard and Highland Avenue. The property at the southwest corner includes vacant land and mixed commercial uses and is under separate ownership than the Fedco the Site. The K-Mart project would include demolishing all of the existing on -site structures to construct a new K-Mart and associated service station. The K- Mart building would be located near the same location as the existing Fedco building. Page 1 of 28 # NEGATIVE DECLARATIL 44' Source: Thomas Bros. Maps, 1998 Figure 1 Local Vicinity Map City of National City - Community Development Commission 20084-00-0020 Avril 2001 Figure 2 NATIONAL CITY REDEVELOPMENT PROJECT LOCATION OF REAL PROPERTY POTENTIALLY SUBJECT TO ACQUISITION BY EMINENT DOMAIN ROSENOW SPEVACEK GROUP INC. LEGEND: Locations of Eminent Domain Authority NEGATIVE DECLARATION , Photograph 1: Looking southeast across the site from Plaza Boulevard at the existing commer- cial uses at the southwest corner of Plaza Boulevard and Highland Avenue. Photograph 2: Looking south across the site from Plaza Boulevard. The vacant land in the foreground is located adjacent to the south of Plaza Boulevard. Source: Laguna Pacific Environmental Figure 3 Site Photographs City oFNational City - Community Development Commission 2008-J-00-0020 April 2001 ' NEGATIVE DECLARATION Photograph 3: Looking north from the south project boundary along the west project boundary. Photograph 4: Looking at the existing storm drainage facility located at the southeast corner of the project area. Source: Laguna Pacific Environmental Figure 4 Site Photographs City of National City - Community Development Commission 2008-J-00-0020 April 2001 41. NEGATIVE DECLARATION d Photograph 5: Looking north across the northeast corner of the project area at the former automotive building on the Fedco site. Photograph 6: Looking northwest across the site from the southern project area boundary at the vacant Fedco building. Source: Laguna Pacific Environmental Figure 5 Site Photographs City of National City - Community Development Commission 20084-00-0020 April 2001 A service station would replace the existing commercial uses at the corner of Plaza Boulevard and Highland Avenue. The K-Mart development proposal is not a part of the proposed redevelopment plan amendment and therefore not a part of this Initial Study/Negative Declaration. A separate environmental analysis would be conducted for that project in compliance with the California Environmental Quality Act (CEQA) at the time a project is formally submitted to the City of National City for approval. General Plan Designation: Zoning Designation: The City of National City General Plan land use designation for the Site is General Commercial (CG) and Floodway Overlay. The City of National City zoning designation is General Commercial (CG) and. Floodway Overlay. Other public agencies whose approval is required (e.g. permits, financing approval, participation agreement): The City Council of the City of National City is the only agency whose approval is required for the proposed redevelopment plan amendment. Page 8 of 28 ',NVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Hazards & Hazardous Materials ❑ Public Services ❑ Agriculture Resources ❑ Hydrology/Water Quality ❑ Recreation ❑ Air Quality ❑ Land Use/Planning ❑ Transportation/Traffic ❑ Biological Resources ❑ Mineral Resources ❑ Utilities/Service Systems ❑ Cultural Resources n Noise ❑ Mandatory Findings ❑ Geology/Soils ❑ Population/Housing DETERMINATION: On the basis of this evaluation: I find that the proposed project COULD NOT have a significant impact on the environment and a NEGATIVE DECLARATION would be prepared. • I find that although the proposed project could have a significant impact on the environment, there would not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION would be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on an earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Prepared by: Reviewed by: 6,4 Department Representative: •Beerremie Dev. Commission Date: April 6, 2001 Page 9 of 28 Environmental Factors Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact XIII. PUBLIC SERVICES: a) Would the project result in substantial adverse physical impacts associated with the need for, or provision of, new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? lit) Schools? iv) Parks? v) Other public facilities? XIV. RECREATION: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management Commission for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? ❑ 0 0 ■ ❑ 0 ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ 0 ❑ ■ ■ ■ ❑ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ 0 0 ■ ❑ ❑ . 0 IN ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ CI ❑ ❑ ■ Page 14 of 28 Environmental Factors Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact XVI. UTILITIES AND SERVICE SYSTEMS (cont.): Would the project: e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. ENERGY: Would the project: a) Result in an adverse impact on local and regional energy supplies, including base or peak period demands, regardless of the presence of a would -serve letter from the appropriate energy provider? b) Conflict with existing energy standards? XVIII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly? ❑ 0 0 ■ ❑ 0 0 ■ ❑ 0 0 ■ ❑ ❑ ❑ ■ ❑ 0 ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ■ ■ Page 15 of 28 Explanation of Checklist Responses AESTHETICS: Would the project: a) Have a substantial adverse effect on a scenic vista? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any impact on scenic vistas because no development is proposed in conjunction with this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities directly that could cause an adverse effect on a scenic vista. Indirectly, the acquisition of all or a portion of the Site by eminent domain could result in development of the Site. Based on review of the City of National City General Plan there are no designated scenic vistas across, on or from the Site. Therefore, indirectly the development of the Site would not have any significant scenic vista impacts. Development plans would be reviewed for potential aesthetic impacts by the City of National City for compliance with CEQA when submitted for approval. If potential scenic impacts are identified, subsequent environmental analysis would have to be conducted at that time. While development of the Site would change existing views, there are not any designated scenic vistas on or in the area that would be impacted by development of the Site. b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any impact on scenic resources because no development is proposed in conjunction with this project. The establishment of the authority to use eminent domain by the Commission to acquire the Site would not change the existing aesthetics or resources on the Site. Indirectly, the acquisition of the Site by eminent domain could result in development of the Site. Since there are no known scenic resources such as trees, rocks outcroppings or historic buildings on the Site, development of the Site would not impact these features. Development plans would be reviewed by the City of National City for compliance with CEQA when submitted for approval. Since there are no scenic resources on the Site, no scenic resource impacts would occur. c) Substantially degrade the existing visual character or quality of the Site and its surroundings? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any impacts on or substantially degrade the existing visual character or quality of the Site, or the surrounding the Site because no development is proposed in conjunction with this project. The , establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities directly that would change the existing visual character or quality of the Site or the project surroundings. Indirectly, the acquisition of the Site by eminent domain could result in development Based on a review of the City of National City General Plan the city has community design criteria that applies to urban development. Future development plans for the Site would have to be consistent with and in compliance with the General Plan and all applicable design criteria. Development plans would be reviewed for potential aesthetic impacts by the City of National City as required by CEQA when submitted for approval. If potential visual impacts are identified subsequent environmental analysis would be conducted. d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly create any light or glare impacts because no development is proposed in conjunction with this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities directly that could create new light or glare. Indirectly, the acquisition of the properties by eminent domain could result in development of the Site. Development of the Site would generate new sources of light associated with advertising, safety and security lighting. New glare from automobiles and building glazing would also be generated. The potential impacts of light and glare would be evaluated by the City as required by CEQA at the time development plans are submitted for approval. If potential light or glare impacts are identified subsequent environmental analysis would be conducted. IL AGRICULTURAL RESOURCES: Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Commission, to non-agricultural use? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly convert any prime farmland to non-agricultural uses because no development is proposed in conjunction with this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities directly that would impact or convert farmland to non-agricultural use. Indirectly, the acquisition of the Site could result in development. However, the Site has been developed in the past and no agricultural^ uses exist on the Site and there are no agricultural or farming activities adjacent to or in the vicinity of the Site. Future development of Site would not have any agricultural resource impacts because there is no agricultural uses either on the Site or in the area. Page 16 of 28 b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. Please see a) above. c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion offarmland, to non-agricultural use? No Impact. Please see a) above. III. AIR QUALITY: Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any impact on air quality plans because no development is proposed in conjunction with this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities directly that could conflict with or obstruct implementation of any applicable air quality plans. Indirectly, the acquisition of the Site by eminent domain could result in development. Development of the Site would generate both short and long-term air emission impacts that could conflict or obstruct the implementation of an air quality plan. The potential of impacts to an air quality plan would be evaluated by the City of National City as required by CEQA at the time development plans are submitted to the city for approval. If potential air quality impacts are anticipated subsequent environmental analysis as required by CEQA would be conducted. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly violate any air quality standard or contribute to an existing air quality violation because no development is proposed in conjunction with this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities directly that could violate air quality standards. Indirectly, the acquisition of the Site by eminent domain could result in development. The development of the Site would generate both short and long-term air emission impacts that could violate existing air quality standards or contribute pollutants that could contribute to existing or projected air quality violations. The potential for air quality emissions impacts to current standards or existing air quality violations would be evaluated by the City as required by CEQA at the time development plans are submitted for approval. If potential air quality impacts to an air quality standard or cumulative impacts to any existing or projected air emission could occur, subsequent environmental analysis as required by CEQA would be conducted. c) Result in a cumulatively considerable net increase of any criteria pollutants for which the project region is non -attainment under applicable federal or state ambient air quality standards (including releasing emissions that exceed quantitative thresholds for ozone precursors)? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any impact on any criteria pollutant because no development is proposed in conjunction with this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities directly that could cause a net increase of any criteria pollutants. Indirectly, the acquisition of the Site by eminent domain could result in development. The development of the Site would generate both short and long-term air emission impacts that could result in cumulative impacts of criteria pollutants. The potential for cumulative air quality emission impacts of criteria pollutants would be evaluated by the City as required by CEQA at the time development plans are submitted for approval. If potential cumulative air quality impacts to any criteria pollutants is anticipated subsequent environmental analysis would have to be conducted as required by CEQA. d) Expose sensitive receptors to substantial pollutant concentrations? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any impact on sensitive receptors because no development is proposed in conjunction with this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities directly that could expose sensitive receptors to substantial pollutant concentrations. Indirectly, the acquisition of the Site by eminent domain could result in development. The development of the Site would generate both short and long-term air emission impacts that could expose sensitive receptors to substantial air pollutant concentrations. Depending upon the distance sensitive receptors are to the source and the concentration of the emissions, new development on the Site may or may not have significant air pollutant impacts. The potential for air quality emission impacts to sensitive receptors in the vicinity of the project would be evaluated by the City as required by CEQA at the time development plans are submitted for approval. If potential air quality impacts to a sensitive receptor is identified subsequent environmental analysis as required by CEQA would be conducted. e) Create objectionable odors affecting a substantial number of people? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly create any objectionable odors because no development is proposed in conjunction with this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities directly that could cause or generate odors. Page 17 of 28 Indirectly, the acquisition of the Site by eminent domain could result in development that could generate odors during either project construction and/or during the life of the project. Odors that could be generated include exhaust fumes from diesel powered construction equipment and specific uses on the Site, including fast food and/or sit-down restaurants. Although the National City Building Department would require mechanical equipment to remove odors as much as possible, some odors may still exist that could be objectionable to some people. Most restaurants are required to install mechanical equipment (Type II hood) to filter odors, steam, etc. from the kitchen area of the restaurant to reduce odors. The potential of objectionable odors by a project would be evaluated by the City as required by CEQA at the time development plans are submitted for approval. If objectionable odors affecting a substantial number of people are anticipated subsequent environmental analysis evaluating potential odor impacts would be conducted as required by CEQA. IV. BIOLOGICAL RESOURCES: Would the project: a) Have substantial adverse effects, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any impact on biological resources because no development is proposed in conjunction with this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities directly that could have substantial adverse effects on any plant or wildlife species. Indirectly the acquisition of the Site by eminent domain could result in development on the Site. But, since the Site has been developed in the past and there are no plant or animal species on the Site that would be a candidate, sensitive or special status species by either the California Department of Fish and Game or the U.S. Fish and Wildlife Service, there would be no biological resource impacts. b) Have substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, pollicies, and regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? No Impact. See response to a) above. c) Have substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. See response to a) above. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery Sites? No Impact. See response to a) above. e) Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact. See response to a) above. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? No Impact. See response to a) above. V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of an historical resource as defined in §15064.5? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any impact on historical resources because no development is proposed in conjunction with this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities directly that could cause an a substantial change of a historical resource. Indirectly the acquisition of the Site by eminent domain could result in development of the Site. None of the existing buildings on the Site would be candidates as a historical resource. Therefore, development of the Site would not have any historical resource impacts. b) Cause a substantial adverse change in the significance of an archaeological resource as defined in §15064.5? No Impact. See Response to a) above. c) Directly or indirectly destroy a unique paleontological resource or Site or unique geologic feature? No Impact. See Response to a) above. d) Disturb any human remains, including those interred outside offormal cemeteries? No Impact. See Response to a) above. VI. GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: Page 18 of 28 i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42.) No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly cause the rupture of a known earthquake fault because no development is proposed in conjunction with this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities directly that could cause the rupture of a fault. Indirectly, the acquisition of the Site by eminent domain could result in development. Based on information in the City of National City General Plan there are no known faults either on or adjacent to the Site that could impact development. There are several faults in the general area that could impact development. The Sweetwater Fault extends through the eastern edge of the City, but is considered to be inactive. However, potential for movement on the nearby active LaNacion and Rose Canyon faults could have devastating effects on the City and other areas of San Diego County. The Region is also prone to earthquakes that could occur on more distant faults, such as the Elsinore, San Clemente, San Jacinto and San Andreas, and suitable precautions should be practiced'. Development plans for the Site would be reviewed and approved by the City. As part of the review and approval process the city would require the incorporation of measures to protect people and structures from the rupture of earthquake faults that could impact the Site. The city would require additional Site specific geotechnical studies prior to the approval of any development plans and require the project applicant to incorporate measures recommended in the geotechnical report into the project to mitigate potential rupture impacts. ii) Strong seismic ground shaking? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any impact on strong seismic ground shaking because no development is proposed in conjunction with this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities directly that could cause ground shaking. Indirectly, the acquisition of the Site by eminent domain could result in development. Based on information in the City of National City General Plan there are faults in the region that could cause ground shaking on the Site. Development of the Site would not expose people or structures to a greater amount of ground shaking than development on other parcels in the area. The project Site is subject to the same ground shaking potential as the rest of the City. Development plans for the Site would be reviewed by the City prior to project approval. If potential ground shaking impacts are identified, additional special studies would be prepared and measures to reduce and potential seismic groundshaking impacts would be incorporated into the project. _ iii) Seismic -related ground failure, including liquefaction? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any impact on seismic related ground failure, including liquefaction, because no development is proposed in conjunction with this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities directly that could cause seismic related ground failure. Indirectly, the acquisition of the Site by eminent domain could result in development. Based on the City of National City General Plan there is no known area of liquefaction either on or adjacent to the Site or known seismic -related ground failure. Development on the Site would not expose people or structures to seismic related ground failure based on current available information. Future development plans of the Site would be reviewed by the city for potential ground failure impacts as required by CEQA when submitted for approval. Subsequent environmental analysis would be prepared, if required, to address and mitigate potential ground failure impacts with development on the Site. iv) Landslides? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any impact on landslides because no development is proposed in conjunction with this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities directly that could cause landslides. Indirectly, the acquisition of the Site by eminent domain could result in development. Based on the City of National City General Plan there are no steep slopes either on or adjacent to the Site that could have landslide impacts to the project area. Future development plans for the Site would be reviewed by the city for potential landslide impacts as required by CEQA at the time plans are submitted to the city for approval. Subsequent environmental analysis would be prepared, if required, to address and mitigate potential landslide impacts. Since there are no steep slopes on or adjacent to the Site, no potential impacts to future development from landslides is anticipated. b) Result in substantial soil erosion or loss of topsoil? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any impact on the loss of topsoil due to soil erosion because no development is proposed in conjunction with this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities directly that could cause soil erosion. City ,ofNational City General Plan, approved September 10, 1996, page 18. Page 19 of 28 Indirectly, the acquisition of the Site by eminent domain could result in development. During construction there would be some loss of s.. due to wind and/or water erosion. The amount of the erosion and significance of the impact would depend upon the measures incorporated into the project during grading and construction to prevent erosion. Development plans for the Site would be reviewed by the City for potential erosion impacts as required by CEQA when submitted for approval. If the city determines a project could have significant soil erosion impacts additional studies would be conducted, if needed, or measures to mitigate and reduce soil erosion incorporated into the project. b) Be located on a geologic unit or soil that is unstable or would become unstable as a result of the project, and potentially result in on- or off -Site landslide, lateral spreading, subsidence, liquefaction or collapse? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have or be impacted by an unstable geologic unit because no development is proposed in conjunction with this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities directly that could cause an impact on unstable soil or geologic units. Indirectly, the acquisition of the Site by eminent domain could result in development. Although the City of National City General Plan does not identify any geologic conditions either on the Site or within the immediate project area that could impact development, plans for development of the Site would be reviewed by the city as required by CEQA for geologic impacts when submitted for approval. If potential impacts due to geologic conditions including on or off -Site landslides, lateral spreading, liquefaction or collapse are identified the city would require additional studies or incorporate measures into the project to mitigate the conditions prior to or in conjunction with project construction. Since there are no known geologic conditions on the Site that would prevent or impact future development it is not anticipated that any geologic impacts would occur with development of the Site. d) Be located on expansive soil, as defined in Table 18-I-B of the Uniform Building Code (1994), creating substantial risks to life or the Site? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any impacts with expansive soil because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could be impacted by expansive soil. Indirectly, the acquisition of the Site by eminent domain could result in development The City of National City General Plan does not identify any expansive soil either on or in the vicinity of the project Site. Development plans would be reviewed by the city for potential expansive soil impacts as required by CEQA when submitted for approval. Since there are no expansive soils known to exist either on o-- in the project area there would not be any expansive soil impacts due to development on the Site. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any impacts with regards to septic tanks because no development is proposed as part of this project The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development that could be impacted by septic tanks. Indirectly, the acquisition of the Site by eminent domain could result in development. The City of National City requires all new development to connect with the public sewer system. Therefore, no septic tanks would be allowed to be constructed on the Site. VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly create any hazards to the public because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could create hazards or hazardous materials. Indirectly, the acquisition of the Site by eminent domain could result in development. The former uses on the Site could have resulted in the accidental disposal or release of hazardous materials. At the time development plans are submitted to the City for approval the city would review the plans for potential hazardous material impacts as required by CEQA. If the city determines that hazardous materials may be present, subsequent documentation will be required to be completed to determine whether or not hazardous materials exist and if hazardous materials do exist require the materials to be removed in compliance with the law. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly create any significant hazards because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could create significant hazards. Indirectly, the acquisition of the Site by eminent domain could result in development. However, based on the types of land uses allowed t the City of National City General Plan and zoning code there are not any uses allowed that would create a significant hazard. Development Page 20 of 28 plans would be reviewed by the city for potential hazard impacts as required by CEQA when submitted for approval. If potential hazard impacts are identified the city would require special studies to be prepared to identify the hazardous materials and suggest measures for incorporation into the project to mitigate hazardous impacts as required by law. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly emit hazardous emissions or handle hazardous materials because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could emit hazardous emissions. Indirectly, the acquisition of the Site by eminent domain could result in development. As discussed in b) above, the types of land uses allowed by the City of National City General Plan and zoning code would not emit hazardous emissions. Plans for development of the Site would be submitted and reviewed by the city for potential hazard impacts as required by CEQA_ If potential hazard impacts are identified the city would require the incorporation of measures into the project to mitigate hazardous impacts. d) Be located on a Site which is included on a list of hazardous materials Sites compiled pursuant to Government Code Section 65962.5 and; as a result, would create a significant hazard to the public or environment? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not create a hazard to the public because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could create a significant hazard. Indirectly, the acquisition of the Site by eminent domain could result in development. Based on a review of known hazardous Sites in the city the proposed project Site does not contain any hazardous materials. At the time plans for development of the Site are submitted and reviewed by the city, documentation identifying whether or not there are any hazardous materials present on the Site would have to be submitted to the city. If hazardous materials are present they would have to be remediated prior to any development in compliance with the law. e) For a project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport, would the project result in a safety hazard for people working or residing in the project area? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly result in any safety hazards for people working or residing within two miles of an airport because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could cause safety hazards associated with any airport. Indirectly, acquisition of the Site by eminent domain could result in development. However, there are no airports within two miles of the project Site, therefore development on the Site would not expose people working at the Site to any safety hazards of an airport. n Impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not create a hazard to the public because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could impair or interfere with an adopted emergency response plan. Indirectly, the acquisition of the Site by eminent domain could result in development. Although development may occur on the Site in the future there are no adopted emergency response plans that could be impacted with development of the Site. g) Create a significant hazard to the public or the environment through the presence or release of methane gas? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not create a hazard to the public because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could release methane gas. Indirectly, the acquisition of the Site by eminent domain could result in development. The City of National City General Plan does not identify any methane gas on the Site. Therefore, it is anticipated at this time that development of the Site will not release methane gas. VIII. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate any water quality standards or waste discharge requirements? No Impact The establishment of the authority to use eminent domain to acquire the Site would not directly violate any water quality standards or waste discharge requirements because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could violate water quality standards. Page 21 of 28 Indirectly, acquisition of the Site by eminent domain could result in development. Development of the Site would generate surface wate'— runoff during periods of rainfall. The city would review development plans for potential water quality impacts as required by CEQA at time development plans are submitted for approval. If the City determines that the project could violate water quality standards additional studies may be required or specific measures would be incorporated into the project to mitigate water quality impacts. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? No Impact The establishment of the authority to use eminent domain to acquire the Site would not directly deplete groundwater supplies or interfere with groundwater recharge because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could interfere with groundwater recharge. Indirectly, acquisition of the Site by eminent domain could result in development. Future development on the Site would obtain its water supply from the city water system. No on -Site water wells would be drilled in conjunction with development. The city would determine whether or not there is adequate water supplies available to serve new development at the time plans are submitted for approval. As required by CEQA the city would determinewhether or not current water supplies are adequate to provide water for consumption and fire flow throughout the life of the project. c) Substantially alter the existing drainage pattern of the Site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -Site? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly alter any drainage patterns on the Site because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could alter drainage patterns of the Site or the area. Indirectly, acquisition of the Site by eminent domain could result in development. Since the Site has been developed drainage facilities were provided to handle the surface flows from the Site to the local stormdrain system. Because the area is developed and storm drain facilities are in place to serve the Site it is not anticipated that future development of the Site would alter any streams or rivers and cause erosion or siltation. The city will evaluate existing drainage pattems and potential impacts to streams or rivers as required by CEQA when development plans for a project on the Site are submitted for approval. If potential impacts to drainage courses are identified the City will require the preparation of special studies to identify the level of impact and/or required the incorporation of measures into the project to mitigate the impacts. d) Substantially alter the existing drainage pattern of the Site or area, including through the alteration of the course of a stream or river, or substantially increase the rate of amount of surface runoff in a manner that would result in flooding on- or off -Site? No Impact. Please see response c) above. e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly contribute runoff that would exceed existing or planned stormwater drainage systems because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could contribute runoff that would impact stormwater systems. Indirectly, acquisition of the Site by eminent domain could result in development. Since the Site has been developed and most of the Site is developed with impermeable surfaces, any new development on the Site would not generate any more runoff than presently generated. Therefore, new development on the Site is not anticipated to generate runoff that would impact existing storm drain facilities that serve the Site. The city would review development plans for potential runoff impacts at the time plans are submitted for approval in compliance with CEQA. If development plans indicate a project would contribute runoff that would exceed the capacity of the local stormdrain system measures would be incorporated to reduce runoff quantities or improve the existing storm drain system so the system is not impacted. f) Otherwise substantially degrade water quality? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly degrade water quality because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could degrade water quality. Indirectly, acquisition of the Site by eminent domain could result in development. Plans to development the Site would have to be submitted to the city for approval. The city would evaluate the project for potential water quality impacts at that time as required by CEQA. Measures would be incorporated into the project to mitigate potential water quality impacts. g) Place housing within a 100 year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact. The establishment of the authority to use eminent domain to acquire the Site would r directly place any housing in a 100-year flood hazard because no development is proposed as part of this project. The establishment of I Page 22 of 28 authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could place housing in a 100-year flood plain. The project Site is not located in a 100-year flood plain. The Site is zoned for commercial use and as a result, it is unlikely residential use would be developed on the Site. Any development on the Site would not be impacted by a 100-year flood hazard. h) Place within a 100-year flood hazard area structures that would impede or redirect flood flows? No Impact. Please see g) above. i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly expose people or structures to a significant risk of loss, injury or death involving flooding because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could expose people to flooding. Indirectly, acquisition of the Site by eminent domain could result in development. Because the Site is not located within a dam inundation area associated with any lake, reservoir or other body of water, no people or structures would be exposed to significant risk of loss, injury or death due to failure of a levee or dam_ Inundation by seiche or mudflow? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly result in inundation of the Site by a seiche or mudflow because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could inundate the Site by a seiche or mudflow. Indirectly, acquisition of the Site by eminent domain could result in development. However, there is no body of water in the area that could impact the project in the event of a seiche. There are no hillsides either adjacent to or upstream of the Site that would impact the project Site in the event of a mudflow. IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly divide an established community because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could physically divide an established community. Indirectly, acquisition of the Site by eminent domain could result in development. Based on the existing commercial zoning for the Site future development plans would include uses similar to those that previously existed on the Site. The previous uses did not divide any established communities and thus, future development is not anticipated to divide established communities in National City. Development plans for the Site would have to be submitted to the city for approval and the plans would be evaluated at that time whether or not the project would divide an established community. b) Conflict with applicable land use plan, policy or regulation of agencies with jurisdiction over the project (including, but not limited to general plan, specific plan, or development code) adopted for the purpose of avoiding or mitigation an environmental effect? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any conflicts with applicable land use plans or policies because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could impact land use plans. Indirectly, acquisition of the Site by eminent domain could result in development. Any development plans for the Site would have to be submitted to the city for approval. The city would evaluate the development plans for potential land use impacts at that time as required by CEQA. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? No impact. See response in Section IV f) above. j) X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly result in the loss of any known minerals because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could result in the loss of minerals valuable to the region. Page 23 of 28 Indirectly, acquisition of the Site by eminent domain could result in development. Upon review of the City of National City General Ph' there are no known minerals on the Site that would be impacted with development of the Site. Plans to develop the Site would have to b. submitted to the city for approval. At that time the city would evaluate the project for potential mineral resource impacts as required by CEQA. b) Result in the loss of availability of a locally important mineral resource recovery Site delineated on a local general plan, specific plan or other land use plan? No Impact. Please see Response a) above. XI. NOISE: Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly expose people to or generate noise levels in excess of established standards because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could expose people to noise levels in excess of established standards. Indirectly, acquisition of the Site by eminent domain could result in development. Development of the Site could expose people to noise levels that exceed city standards. Plans to develop the Site would have to be submitted to the city for approval. The city would evaluate the project for potential noise impacts at that time as required by CEQA. If required, a noise analysis to determine if development would have any noise impacts may be required. If noise impacts are identified measures to reduce noise levels to acceptable levels would be incorporated into the project. b) Exposure of person to or generation of excessive groundborne vibration or groundborne noise levels? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly expose people to excessive groundborne vibrations because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could expose people to excessive groundborne vibrations. Indirectly, acquisition of the Site by eminent domain could result in development. Development of the Site could expose people to groundbome vibrations that are excessive, particularly during project construction. Plans to develop the Site would have to be submitted.., the city for approval. The city would evaluate the project for potential groundbome vibrations at that time as required by CEQA. Measures would be incorporated into the project to mitigate any potential noise impacts. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly result in a substantial permanent increase in the ambient noise level because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could result in an increase in the ambient noise level. Indirectly, acquisition of the Site by eminent domain could result in development. Development of the Site would result in both short and long-term noise level increases. The activities on the Site during both the short and long-term with new development would incrementally increase the ambient noise level. Plans to develop the Site would have to be submitted to the city for approval. The city would evaluate the project for potential ambient noise level increases and whether or not they would be significant as required by CEQA. Measures would be incorporated into the project to mitigate potential significant noise impacts. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? No Impact. Please see Response c) above. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly expose people to excessive noise levels because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could result in people being exposed to excessive noise levels. The project is not located within any airport land use plans. Therefore, development of the project would not expose people to excessive noise levels of any airport. XII. POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectlj (for example through extension of roads or other infrastructure)? No Impact. The establishment of the authority to use eminent doma„i Page 24 of2S to acquire the Site would not directly induce any population growth because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could result in an increase in the population growth in an area. Indirectly, acquisition of the Site by eminent domain could result in development. Development of the Site would not induce a substantial population growth because the Site is zoned for commercial use, which would not encourage population growth. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly displace existing housing because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could displace housing. Indirectly, acquisition of the Site by eminent domain could result in development. There is no existing housing on the Site that would be displaced should the Site be developed. Therefore, future development of the Site would not have any housing impacts. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact. See Response b) above. XIII. PUBLIC SERVICES: a) Would the project result in substantial adverse physical impacts associated with the need for, or provision of, new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any fire protection impacts because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could result in a demand for fire protection services. Indirectly, acquisition of the Site by eminent domain could result in development. Development of the Site would require the need for fire protection services. The demand for and potential impacts on fire protection would be evaluated by the city at the time development plans are submitted for approval as required by CEQA. If significant fire protection impacts are identified measures to reduce the impacts would be incorporated into the project at that time. Police protection? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any police protection impacts because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could result in a demand for police protection services. Indirectly, acquisition of the Site by eminent domain could result in development. Development of the Site would require the need for police protection services. The demand for and potential impacts on police protection would be evaluated by the city at the time development plans are submitted for approval as required by CEQA. If significant police protection impacts are identified measures to reduce the impacts would be incorporated into the project at that time. Schools? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any school impacts because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could result in an impact on schools. Indirectly, acquisition of the Site by eminent domain could result in development. Development of the Site with commercial use would not have any impacts on schools. However, the potential impact on schools would be evaluated by the city at the time development plans are submitted to the city for approval as required by CEQA. If significant impacts to schools are identified, measures to reduce the impacts would be incorporated into the project at that time. Parks? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any impacts on parks because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could result in or impact parks. Indirectly, acquisition of the Site by eminent domain could result in development. Development of the Site with commercial uses would not impact or require additional parks. However, the demand for and potential impacts on parks with development of the Page 25 of 28 Site would be evaluated by the city at the time development plans are submitted to the city for approval as required by CEQA. If significant park or recreational impacts are identified measures to reduce the impacts would be incorporated into the project a, that time. Other public facilities? No Impact. There are no public facilities that would be impacted by the adoption of the authority to use eminent domain for the project Site. XIV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any impacts on traffic because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could result in an increase in traffic. Indirectly, acquisition of the Site by eminent domain could result in development. Development of the Site would generate traffic that could impact existing traffic loads on area roadways. The city would review and evaluate potential traffic impacts as required by CEQA at the time a Site specific development plan is submitted for approval. If potential traffic impacts are identified a traffic analysis may be required and if significant traffic impacts are identified measures to reduce traffic impacts would be incorporated into the project at that time. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management Commission for designated roads or highways? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any impacts on traffic, either individually or cumulatively, because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could result in an increase in traffic. Indirectly, acquisition of the Site by eminent domain could result in development. Development of the Site would generate traffic that could cumulatively impact the level of service on area roadways. The city would review and evaluate potential traffic impacts, both individually and cumulatively, as required by CEQA at the time development plans are submitted for approval. If potential cumulative traffic impacts to existing levels of service are identified measures a traffic analysis may be required and if significant traffic impacts at-, identified measures to reduce traffic impacts would be incorporated into the project. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any impacts on air traffic patterns because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could impact air traffic. Indirectly, acquisition of the Site by eminent domain could result in development. Because there are no airports in the immediate vicinity of the project, development of the Site would not have any impacts to air traffic patterns. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g, farm equipment)? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any impacts on street design features because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could result in street design impacts. Indirectly, acquisition of the Site by eminent domain could result in development. Development of the Site would not require the design and construction of any curves or new intersections because existing intersections and driveways would probably be able to serve the project. The city would review and evaluate potential traffic impacts by new development on area intersections as required by CEQA at the time development plan are submitted for approval. If area intersections could be impacted by development, measures to reduce intersection impacts would be incorporated into the project. XV. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly exceed any wastewater treatment requirements of the applicable Regional Water Quality Control Board because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could generate wastewater. Page 26 of 28 Indirectly, acquisition of the Site by eminent domain could result in development. Development of the Site would generate wastewater that would have to be treated. The city would review and evaluate the ability of the local wastewater treatment authority to treat project generated wastewater as required by CEQA at the time a development plan is submitted for approval. If wastewater treatment requirements could be impacted by development, measures to reduce the impacts would be incorporated into the project. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact. Please refer to a) above. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any impacts on storm drains because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could result in storm drain impacts. Indirectly, acquisition of the Site by eminent domain could result in development. Development of the Site would generate runoff that could impact area storm drain facilities. However, since the Site has been developed and the local storm drain collection system sized to handle the runoff from the Site, any new development is not anticipated to generate a significant amount of additional storm water. The city would review and evaluate potential storm water impacts as required by CEQA at the time a development plan is submitted for approval. If the project would impact the storm drain facilities serving the project measures to reduce the impacts would be incorporated into the project. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any impacts on water supplies because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could require water. Indirectly, acquisition of the Site by eminent domain, could result in development. Development of the Site would require water supply for both drinking and fire flow. The city would review and evaluate whether or not adequate water supplies are available to serve new development as required by CEQA at the time a development plan is submitted for approval. If potential water supply impacts are identified measures to reduce the impacts would be incorporated into the project. e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any impacts on wastewater treatment plant capacity because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could result in wastewater generation. Indirectly, acquisition of the Site by eminent domain could result in development. Development of the Site would generate wastewater to the wastewater treatment plant that serves the city. The city would review and evaluate potential impacts to the wastewater treatment plant that serves the project as required by CEQA at the time a development plan is submitted for approval. If the project generates wastewater that would impact the capacity of the treatment plant measures to reduce the impacts would be incorporated into the project. J) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly generate any solid waste because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could impact area landfills. Indirectly, acquisition of the Site by eminent domain could result in development. Development of the Site would generate solid waste during both project demolition and construction that could impact the capacity of the landfill that serves the Site. The city would review and evaluate potential impacts by development on landfills as required by CEQA at the time development plans are submitted for approval. Measures to recycle solid waste and reduce the amount of solid waste taken to area landfills would be incorporated into the project. Comply with federal, state, and local statutes and regulations related to solid waste? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any impacts on federal, state or local statues and regulations related to solid waste because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could generate solid waste that would impact solid waste regulations or statues. Indirectly, acquisition of the Site by eminent domain could result in development. Development of the Site would generate solid waste, but the volume of solid waste generated from the Site would have to comply with all applicable federal, state and local statues and regulations with regards to recycling. There are not any uses allowed for development on the Site that would not comply with all applicable solid g) Page 27 of 28 waste statutes and regulations. The city would review and evaluate potential solid waste impacts as required by CEQA at the time a Sitr specific development plan is submitted for approval. XVI. ENERGY: Would the project: a) Result in an adverse impact on local and regional energy supplies, including base or peak period demands, regardless of the presence of a would -serve letter from the appropriate energy provider? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any impacts on energy supplies because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could result in the need for and impact on energy. Indirectly, acquisition of the Site by eminent domain could result in development. Development of the Site would require energy such as electricity and natural gas. The city would review and evaluate potential energy consumption impacts as required by CEQA at the time a development plan is submitted for approval. If energy impacts are identified the city would require the incorporation of energy conservation measures into the project to reduce energy supply impacts. b) Conflict with existing energy standards? No Impact. Please see Response a) above. XVIII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal conununity, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any impacts on fish or wildlife populations because no development is proposed as part of this project. The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could impact any biological resources. Indirectly, acquisition of the Site by eminent domain could result in development. Because the Site has been developed in the past and is located in an urbanized area, there are not any biological resources either on the Site or in the immediate project vicinity that would be impacted by new development on the Site. The city would review and evaluate potential biological impacts as required by CEQA at th time a development plan is submitted for approval b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) No Impact. The establishment of the authority to use eminent domain to acquire the Site would not directly have any impacts that would cumulatively be considerable because no development is proposed as part of this project The establishment of the authority to use eminent domain to acquire the Site by the Commission would not result in any development or activities that could be individually limited, but cumulatively considerable. Indirectly, acquisition of the Site by eminent domain could result in development. Development of the Site could have individually limited impacts that together could be cumulative. The city would review and evaluate individually limited, but cumulative impacts as required by CEQA at the time a development plan is submitted for approval. c) Does the project have environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly? No Impact. There are no aspects of establishing the authority to use eminent domain that could have environmental effects because no development is proposed as part of this project. Establishing the authority to use eminent domain only allows the Community Development Commission the ability to acquire the Site by the use of eminent domain at the Commission's discretion and does not result directly in development. Indirectly, acquiring the Site with eminent domain could result in development. Development of the Site acquired by eminent domain could have environmental effects that could cause substantial adverse effects. The city would review development plans for potential adverse effects on human beings as required by CEQA at the time development plans are submitted for approval. Page 28 of 28 _..FETING DATE City of National City, California COUNCIL AGENDA STATEMENT J� InP 19, 2001 *Refer to Item #2 11 AGENDA ITEM NO. (-ITEM TITLE A Resolution to Approve a Rate Increase Request for EDCO Disposal Corporation PREPARED BY Burton Myers EXPLANATION See attached report. DEPARTMENT Public Works Environmental Review X N/A Financial Statement The burden of rate increase will fall paid to the City. all recipients of the trash service. A Franchise Fee of 9% will be Account No. STAFF RECOMMENDATIO Adopt attached Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) EDCO letter dated May 7, 2001 Deloitte & Touche letter dated April 20, 2001 Resolution No. 2001-88 A-200 (9/80) REFUSE RATE RECOMMENDATION FOR FY-02 Basis: The determination of the appropriate rates for trash service is based upon estimated quantities of various components (landfill and yard waste quantities, recyclables sold and consumer price index (CPI)) as related to the cost/price of such components. A rate review is performed annually. For the rate review, the actual performance for 9 months (July -March) is escalated to 12 months, and the actual total cost/price of budget items is determined, and is then compared to budgeted amounts. Overcollection/undercollection by EDCO occurs unless our estimates are exact. Overcol lection/U nd ercollection: For the FY-01, we used the anticipated rate of $32.00 per ton in the rate calculations. This rate was available to us because of a contract with the Regional Solid Waste Authority (RSWA). Due to higher than normal sellback rates and the increased tonnage from the Automated Single Stream Recycling, the amount collected by the curbside recycling program was approximately $48,000 over the projected amount. Yard waste tonnage costs resulted in a savings of $10,000 on our estimate. This $58,000 was used to help offset a higher than estimated trash tonnage hauled, which resulted in an undercollection of approximately $150,000. This amount will be factored into the rates for FY-02 in order to recover the costs and repay EDCO. FY-02 Rate Factors: We anticipate the Tip Fee Rate for FY-02 will increase to $32.87 per ton. We also anticipate the trash tonnage hauled to remain at the current higher amounts and the curbside recycle program (due to lower buyback) to return less than in FY-01. In addition to the $150,000 owed to EDCO for the undercollection, they deferred last year's 3.4% CPI increase which they were entitled. In an effort to ease the rates for FY-02, EDCO has offered to defer this year's CPI increase, but now collect last year's. Multi -family recycling has lagged behind the recycling being done by the single family and commercial sectors. Because of this, several years ago in an attempt to encourage multi -family to recycle and so that single family and commercial did not have to pay for multi -family, a $0.54 per unit recycling fee was assessed on them. This has proven to generate less than actual cost associated with the lower recycling participation. The difference has been a component of the overall rate structure and is proposed to be removed and the direct charge adjusted to $0.81. Consistent with prior year's direction, the Trash Enterprise Fund contribution will again be $150,000. In addition, the Franchise Fee will increase by 1% to a total of 9%. This is in accord with the current contract with EDCO which calls for an annual 1% increase until we reach the maximum of a 10% Franchise Fee. EDCO Letter and Auditor Report: The "Rate Adjustment" from EDCO is attached. The figures upon which the rate is based are subject to review (specifically on agreed upon procedures) by an audit firm selected by the City and paid by the contractor. (Deloitte and Touche LLP has been selected in the past few years and their report is also attached.) Recommendations: • The contractor will receive the 3.4% CPI increase to which he is entitled. • Accept the contractor's offer to defer this year's CPI increase to which they are entitled by contract. • That the City Franchise Fee increase by 1% to 9%. The rate recommendation is to increase the single family residential from $13.95 per month to $14.83 per month. Commercial/Industrial for one time a week pick-up of a 3 cubic yard bin to increase from $84.76 per month to $89.67 per month, with other levels of service being increased similarly. Multi family's assessed per unit recycling fee be increased from $0.54 to $0.81 per unit per month, and the price of Silver Bags be raised $0.12 to $1.97 per bag. Subscript It should be noted that if approved, the single family rate history will be as follows: FY-95 $16.65 FY-96 $14.85 FY-97 $14.36 FY-98 $13.95 FY-99 $13.95 FY-00 $13.95 FY-01 $13.95 Proposed FY-02 $14.83 Future: It should be noted that preliminary review of pertinent factors indicate a FY-03 rate increase for single family in the range of $0.70 to $1.00 per month, with corresponding increase in other EDCO services. RESOLUTION NO. 2001- 88 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TRASH SERVICE RATE CHANGE FOR EDCO DISPOSAL CORPORATION WHEREAS, the last refuse service rate change for Edco Disposal Corporation, the City's contract refuse hauler, was in June 1997; and WHEREAS, the rate for waste disposal is estimated to increase from $32.00 per ton to $32.87 per ton„ effective July 1, 2001; and WHEREAS, a public hearing was held to consider the refuse service rate change at the regularly scheduled City Council meeting of June 5, 2001, notice of which hearing was published according to law in a newspaper of general circulation in the City. At said hearing, the City Council considered oral and written evidence presented by the City Council, staff, and members of the public. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the proposed refuse service rate schedule, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, is hereby approved, effective July 1, 2001. Said document is filed in the office of the City Clerk. PASSED and ADOPTED this 126 day of June, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney C k RUBBISH AND GARBAGE Resolution 2001-88 NATIONAL CI ■ RATE SCHEDULE JULY 1, 2001 CURREFIT PROPOSED MONTHLY MONTHLY RATE RATE 1. RESIDENTIAL - Per month residential single family properties 413,95 414.83 For the second and for each additional residential unit in multiple dwellings which do not exceed four units $ 11.00 411.69 2. TRAILER PARKS AND MOTES One time per week; per unit, per month $9.67 $10.26 3. APARTMENT HOUSES One time per week. per unit. Per month $9.82 $10.42 4. SENIOR CITIZEN RESIDENTIAL .Per month $11.16 411.86 5. SILVER BAG SERVICE Per month 41.85 $1.97 S. COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS Up to (2) 40 gallon containers Or (1) 90 gallon automated cart One time per week, per month 415.99 416.96 Up to (4) 40 gallon containers - Or (2) 90 gallon automated cart One lino per week. per Month $29.76 431.57 Up to (6) 40 gallon containers Or (3) 90 gallon automated cart One time per week, per month 438.25 $40.57 Up to (8) 40 gallon containers Or (4) 90 gallon automated cart One time per week, per month $47.28 450.15 Up to (10) 40 gallon containers Or (5) 90 gallon automated cart One time per week. per month 461.75 $ 65.50 Additional or unusual accumulation of rubbish (per cubic yard) 415.99 $16.96 Exhibit "A" Page 1 Resolution 2001-88 NATIONAL CITY RATE SCHEDULE JULY 1, 2001 BOX TYPE REFUSE SERVICE COLU:C71ON NUMBER YARDS FREQUENCY OF BINS PM MONTH CURRENT PROPOSED MONTHLY MONTHLY RATE RATE 1 1 13 $84.54 $89.67 2 1 26 $142.71 6151.37 3 1 39 . • $200.88 $213.07 4 1 52 $260.76 $276.58 5 1 65 ;. $320.64 $340.10 .6 1 78 $380.52 $403.61 7 1 91 $440.40 $467.12 .1 2 26 $144.42 $153.18 2 2 52 $259.05 6274.77 3 2 78 $373.68 $396.36 4 2 104 $486.59 4516.12 5 2 130 $599.51 $635.89 6 2 156 $712.43 $755.66 7 2 182 #825.34 $875.42 1 3 39 $204.30 $216.70 2 3 78 $371.97 $394.54 3 3 117 $539.63 $572.38 4 3 156 8705.58 $748.40 5 3 195 $871.54 $924.43 6 3 234 $1,037.49 $1,100.45 7 3 273 $1,203.44 $1,276.47 1 4 52 $264.18 $280.21 2 4 104 $484.88 • $514.30 3 4 156 . 4705.58 $748.40 4 4 208 $924.57 6980.67 5 4 260 $1,143.56 $1,212.95 6 4 312 $1,362.55 $1,445.23 7 4 364 61,581.54 $1,677.51 1 5 65 #324.06 4343.72 2 5 130 $597.80 6634.08 3 5 195 $871.54 #924.43 4 5 260 $1,136.72 61,205.70 5 5 325 $1,401:90 $1,486.97 6 5 390 $1,667.08 $1,768.24 7 5 455 $1,932.27 ' $2,049.52 1 6 78 $383.94 4407.24. 2 • 6 156 $710.72 . $753.85 3 6 234 $1,037.49 $1,100.45 4 6 312 $1,354.00 $1,436.16 5 6 390 61,670.51 81,771.88 6 6 468 $1,987.01 $2,107.58 7 6 546 $2,303.52 $2,443.30 Exhibit "A" Page 2 CD1SPOSAI_ CORPORATION 6670 Federal Boulevard, Lemon Grove, California 91945 (619) 287-7555 Fax: (619) 287-5242 May 7, 2001 City of National City 1243 National Avenue National City, California 92050 Honorable Mayor and Members of the City Council: The Refuse Collection and Recycling Agreement between the City of National City and EDCO Disposal Corporation provides for certain periodic rate adjustments. The contract allows for a pass through of changes in the disposal site fee and annual adjustments by the amount of the local consumer price index. As a member of the Regional Solid Waste A (RSWA), National City has benefited from two years without an increase in the tipping fee. RSWA staff has approved a 2.7% increase in the tipping fee to $32.87 effective July 1, 2001. Last year EDCO deferred a cost of living increase of 3.4% and we are requesting that adjustment be made effective July 1, 2001. Also, EDCO is again pleased to defer an increase in rates related to cost of living increases in operating expenses for this year. Consistent with last year's plans the Trash Enterprise Fund contribution will be the maintained for the coming year. EDCO continues to offer a 20% discount for senior citizens in National City. As in prior years, EDCO's requests for rate increases have been subjected to independent review by the auditing firm of Deloitte & Touche. Their report supports our rate proposal. Please approve the attached rate schedule to be effective July 1, 2001. As always, thank you for your consideration. Respectfully, EDCO Disposal Corporation Edward Burr President www.edco-corp.com A WASTE COLLECTION AND RECYCLING COMPANY Printed on Recycled Paper Deloitte & Touche LLP Suite 1900 701'B"Street San Diego, California 92101-8198 Tel: (619) 232-6500 Fax: (619) 237-1755 www.us.deloitte.com Deloitte &Touche INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING AGREED -UPON PROCEDURES Mr. Jeffrey L. Servatius Public Works Department City of National City 1243 National City Boulevard National City, California 91950-4301 We have performed the procedures enumerated in Attachment A, which were agreed to by the City of National City and EDCO Disposal Corporation ("EDCO") (collectively, "the Specified Parties"), solely to assist you and EDCO with respect to evaluating components of the fiscal 2002 refuse rate for the City of National City. This engagement to apply agreed -upon procedures was performed in accordance with standards established by the American Institute of Certified Public Accountants. The sufficiency of the procedures is solely the responsibility of the Specified Parties. Consequently, we make no representation regarding the sufficiency of the procedures described in Attachment A either for the purpose for which this report has been requested or for any other purpose. We were not engaged to, and did not, perform an audit, the objective of which would be the expression of an opinion on the specified elements, accounts, or items. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. This report will not be used by, or circulated, quoted, disclosed, or distributed to, nor will reference to such report be made to, anyone who is not a member of the Specified Parties without the express written consent of Deloitte & Touche LLP ("D&T"). The parties hereby acknowledge that the report is intended solely for the information and use of the Specified Parties and is not intended to be used by anyone other than the Specified Parties. Not withstanding the foregoing, the City of National City may disclose such report to the extent required by any regulatory authority having jurisdiction over the City of National City, in which case the City of National City will cooperate with D&T in seeking appropriate protection for the disclosure and use of, and reference to, the report. 4— Lip April 20, 2001 Deloitte Touche Tohmatsu Pacific Southwest: Carlsbad Costa Mesa Las Vegas Los Angeles Phoenix Reno Tucson ATTACHMENT A The procedures we performed, which relate primarily to your fiscal 2002 residential refuse rate, are summarized as follows: 1. We read EDCO's internally prepared financial statements for the eight months ended January 31, 2001, and the audited financial statements for the year ended May 31, 2000. We inquired of Dan Gallaher (Controller for EDCO), as to any changes in accounting policies and methods of application which might affect the fiscal 2002 refuse rate for National City. No changes which might affect the fiscal 2002 refuse rate for National City were identified. 2. We agreed the fiscal 2001 refuse rate from EDCO's prior year's calculation to the refuse rate used in EDCO's fiscal 2002 refuse rate calculation proposal provided on March 30, 2001. The refuse rate in the March 30, 2001 proposal was agreed to the refuse rate presented in the final proposal dated April 24, 2001. 3. We obtained information from the U. S. Department of Labor - Bureau of Labor Statistics and agreed such information to the amount used in the Consumer Price Index ("C.P.I.") adjustment in the fiscal 2002 refuse rate calculation provided in EDCO's proposal provided on March 30, 2001. We noted that EDCO elected to request an increase related to the CPI based on a recovery of prior year's deferred cost of living increase. 4. We proved the mathematical accuracy of franchise fees due to National City for the period from April 1, 2000 to March 31, 2001, to ascertain that they were calculated based on 8% of cash collected as reported in EDCO's underlying financial records. 5. We read franchise fee remittances made to National City by EDCO for the period from April 1, 2000 to March 31, 2001 to ascertain that they were made -on a monthly basis and agreed remittances reported to remittances received by the City of National City without exception. 6. We agreed San Diego County estimated landfill tip fee of $32.00 per ton projected in the FY01-02 rate review process to the Agreement for Transfer and Disposal Services between Regional Solid Waste Association and EDCO Disposal Corporation. 7. We agreed actual tons of refuse collected to two haphazardly selected days in the period from July 1, 2000 to March 31, 2001 to EDCO's supporting landfill tickets. 8. We proved the mathematical accuracy of the difference between the actual annualized revenues from EDCO's sale of recyclables and EDCO's projected revenues from the sale of recyclables used in the fiscal 2001 refuse rate. 9. We agreed total tons of recyclable materials collected to underlying accounting records for two randomly selected months. From the underlying records provided by EDCO, we randomly selected five daily recyclable totals and agreed those totals to supporting work tickets. We compared actual recycling rates to three randomly selected recycling receipts. 10. We proved the mathematical accuracy of EDCO's proposed effect of franchise fees on the fiscal 2002 refuse rate in the proposal provided on March 30, 2001. -2- 11. We proved the mathematical accuracy of the percentage effect of the yard waste disposal fee change on the fiscal 2002 refuse rate contained in EDCO's proposal provided on March 30, 2001. 12. We agreed coverage levels of insurance in force to the insurance provider's certificate of insurance to ascertain that such coverage was in compliance with contractual requirements. -3- City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 12, 2001 AGENDA ITEM NO. 12 (-ITEM TITLE AMENDING TITLE 10 OF THE NCMC BY AMENDING CHAPTER 10.30 REGULATING ALCOHOLIC BEVERAGES AND REPEALING CHAPTER 10.31 REGULATING THE CONSUMPTION OF ALCOHOLIC BEVERAGES PREPARED BY Rudolf Hradecky, Esq. '-=,'"" PARTMENT City Attorney EXPLANATION This ordinance was introduced at the June 5, 2001 City Council meeting. Based on comments from the Council, it is recommended that proposed Section 10.30.060C be modified to limit the restrictions on alcohol consumption or possession in vehicles to those activities only occurring on private property with public access. We have modified the language accordingly, and recommend that this ordinance be re -introduced, as revised, for a first reading. All other comments contained in the previous A-200 dated June 5, 2001, remain pertinent. Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Revised ordinance. A-200 (9/80) Account No. Resolution No. ORDINANCE NO. 2001 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING HTLE 10 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 10.30 REGULATING ALCOHOLIC BEVERAGES AND REPEALING CHAPTER 10.31 REGULATING THE CONSUMPTION OF ALCOHOLIC BEVERAGES BE IT ORDAINED by the City Council of the City of National City that Title 10 of the National City Municipal Code is amended as follows: Section 1. That Chapter 10.31 is repealed. Section 2. That Chapter 10.30 is amended in its entirety to read as follows: CHAP fElt 10.30 REGULATION OF ALCOHOLIC BEVERAGES IN PUBLIC VENUES AND PLACES Sections: 10.30.010 Purpose and intent. 10.30.020 Definitions. 10.30.030 Consumption or possession of open alcoholic beverage containers — Prohibited in parks and adjacent public places. 10.30.040 Exception —City buildings within city parks. 10.30.050 Consumption or possession generally —Unlawful. 10.30.060 Consumption or possession in vehicles —Unlawful. 10.30.070 Required signage at licensed premises. 10.30.080 Violation —Penalty. 10.30.010 Purpose and intent. It is the purpose and intent of the City Council to enact regulations governing the consumption, use or possession of alcoholic beverages and open containers in those areas that are not expressly regulated by the Business and Professions Code or Vehicle Code, and which are thereby permissible for local regulation. The City Council finds and determines that such local regulation is both reasonable and necessary in order to protect the public health, safety, and welfare in those venues that impact the local citizenry. 10.30.020 Definitions. Within this Chapter 10.30, the following definitions shall apply: A. "Alcoholic beverages", as defined by Business and Professions Code Section 23004, means and includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine or beer, and which contains one-half of one percent or more of alcohol by volume, and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances. B. "Open alcoholic beverage container" shall mean and include any can, bottle or other receptacle containing an alcoholic beverage, which has been opened, or the seal of which has been broken or removed, or the contents of which have been partially removed. C. "highway" is as defined by Vehicle Code Section 360, and means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. A "highway" includes a street. 10.30.030 Consumption or possession of open alcoholic beverage container —Prohibited in parks and adjacent public places. A. It is unlawful for any person in any city park or in any adjacent city -owned public place to consume any alcoholic beverage or to possess an open alcoholic beverage container. B. The City Manager shall cause signs to be posted at each pedestrian and vehicle entrance of a City park advising of this prohibition. Installation of signage shall not be a prerequisite to enforcement or prosecution. 10.30.040 Exception —City buildings within city parks. Notwithstanding the provisions of Section 10.30.030, the City Council may allow the sale or use of alcoholic beverages in a city -owned building located within a public park in conjunction with an application for a temporary use permit pursuant to chapter 15.60. 10.30.050 Consumption or possession generally —Unlawful. It is unlawful for any person upon any public street, sidewalk, alley, plaza, public parking lot, private parking lot open to the public or any undeveloped area within the city limits to consume any alcoholic beverage or to possess an open alcoholic beverage container without a permit duly issued by the City Manager. 10.30.060 Consumption or possession in vehicles —Unlawful. A. It is unlawful for any person inside any vehicle not on a highway within the city limits to consume any alcoholic beverage or to possess an open alcoholic beverage container. B. Subsection A shall not apply to an open alcoholic beverage container that is securely locked within a car trunk or locked exterior compartment of any other vehicle. C. The provisions of this Section 10.30.060 are intended to apply only on private property with public access; public parking lots; private parking lots open to the public; or on undeveloped areas within the City limits. 10.30.070 Required signage at' licensed premises. A. The owner, operator or proprietor of any premises licensed by the Alcoholic Beverage Commission for the on -premises or off -premises sale of alcoholic beverages shall post signs in compliance with the requirements and specifications of Section 10.30.070B on each exterior wall of the licensed premises that faces a vehicle parking lot, to read as follows: WARNING It is unlawful to drink an alcoholic beverage or to possess an open alcoholic beverage container in public or in a public parking lot. NCMC 10.30.050 and 10.30.060. 2001 Ordinance 2 Title 10 Alcoholic Beverages B. The sign required by Section 10.30.070A shall be a minimum of 18" in width and 24" in height, with black lettering at least 1" in height against a white background. One sign shall be posted for each 50-foot portion of each facing wall. The bottom of the sign shall be at least 5 feet above the surface of the parking area. The Chief of Police may allow a variance from the height and separation requirements when necessary due to site conditions. C. The sign required by Section 10.30.070B is exempt from the sign regulations of Title 18 of the National City Municipal Code. D. Any ABC licensee who posts a sign under the provisions of Business and Professions Code Section 25612.5(C) shall be exempt from the provisions of Section 10.30.070A. 10.30.080 Violation —Penalty. Violation of sections 10.30.030, 10.30.050 or 10.30.060 is a misdemeanor. Violation of any other mandatory provision of this Chapter 10.30 is an infraction for a first violation, or for a second violation occurring within thirty (30) days of the first violation; otherwise, a second or subsequent violation shall be charged as a misdemeanor. Any violation shall carry the penalty prescribed by Section 1.20.010. PASSED and ADOPTED this day of ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: aV George H. Eiser, III City Attorney 2001 Ordinance 3 , 2001. George H. Waters, Mayor Title 10 Alcoholic Beverages City of National City, California COUNCIL AGENDA STATEMENT **Refer to Items #1 & #10 MEETING DATE June 12, 2001 AGENDA ITEM NO. 13 ITEM TITLE ORDINANCE: AMENDING THE REDEVELOPMENTPLAN NOR 1Ht;NATTONAL CITY REDEVELOPMENT PROJECT THROUGH THE ADOPTION OF THE 2001 AMENDMENT TO THE REDEVELOPMENT PLAN PREPARED BYpaul Desrochers DEPARTMENT CDC Executive Director EXPLANATION For explanation refer to Public Hearing item. (Environmental Review N/A Financial Statement STAFF RECOMMENDATION Account No. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Resolution No. ORDINANCE NO. 2001 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT THROUGH THE ADOPTION OF THE 2001 AMENDMENT TO THE REDEVELOPMENT PLAN WHEREAS, the City Council of the City of National City ("City Council") has adopted and subsequently amended the Redevelopment Plan for the National City Redevelopment Project ("Redevelopment Plan"), on November 18, 1969 by Ordinance No. 1233, on June 24, 1975 by Ordinance No. 1471, on April 13, 1976 by Ordinance No. 1505, and on December 13, 1977 by Ordinance No. 1610, and subsequently amended on December 1, 1981 by Ordinance No. 1762, on May 22, 1984 by Ordinance No. 1821, on April 16, 1985 by Ordinance No. 1851, on June 18, 1991 by Ordinance No. 91-2013, and on June 18, 1995 by Ordinance No. 95-2095, incorporated herein by reference, and has designated the Redevelopment Plan as the official redevelopment plan for the National City Redevelopment Project ("Project"); and WHEREAS, the Community Development Commission of the City of National City ("CDC") has requested that the City Council consider the 2001 Amendment to the Redevelopment Plan ("2001 Amendment") in order to provide the authority to acquire by eminent domain four additional parcels within the National City Redevelopment Project Area ("Project Area"), namely, Assessor's Parcel Numbers 556-560-41, 556-560-42, 556-560-43 and 556-560-44; and WHEREAS, the CDC has previously certified an Environmental Impact Report prepared in connection with the Redevelopment Plan; and WHEREAS, the Planning Commission of the City of National City ("Planning Commission") has reviewed the 2001 Amendment, has determined that it is consistent with the General Plan of the City of National City, and has recommended in favor of the approval of the 2001 Amendment; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), the Guidelines for Implementation of the California Environmental Quality Act (14 Cal. Code Regs. Section 15000 et seq., and the local procedures adopted by the CDC pursuant thereto, the CDC has prepared and completed a proposed Negative Declaration for the 2001 Amendment; and WHEREAS, pursuant to Section 33452 of the Community Redevelopment Law ("the Law"), public notice has been duly given, and a full and fair public hearing has been held on the proposed 2001 Amendment. Ordinance No. 2001 - Page Two NOW, THEREFORE, the City Council of the City of National City does hereby ordain as follows: Section 1. The 2001 Amendment to the National City Redevelopment Plan, a copy of which is attached hereto as Exhibit No. 1 and incorporated herein by this reference, is hereby adopted and approved. Section 2. Based upon the evidence contained in the Report to the City Council for the 2001 Amendment to the National City Redevelopment Plan, incorporated herein by reference, the City Council does hereby find, determine, and declare as follows: (a) The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes as set forth in the Law. (b) The Redevelopment Plan would redevelop the Project Area in conformity with the Law and in the interests of the public peace, health, safety, and welfare. (c) The adoption and carrying out of the Redevelopment Plan is economically sound and feasible. (d) The Planning Commission and the City Council have determined that the 2001 Amendment is consistent with the City of National City's ("City") General Plan, including, but not limited to the Housing Element of the General Plan, which substantially complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. (e) The carrying out of the Redevelopment Plan would promote the public peace, health, safety, and welfare of the community and would effectuate the purposes and policy of the Law. (f) The condemnation of real property is necessary to the execution of the Redevelopment Plan and adequate provisions have been made for payment for property to be acquired as provided by law. (g) The CDC has a feasible method for the relocation of families and persons displaced from the Project Area, to the extent that implementation of the Redevelopment Plan may result in the temporary or permanent displacement of any occupants of Project Area housing facilities. Ordinance No. 2001 - Page Three (h) There are, or shall be provided, in the Project Area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the fmancial means of the families and persons displaced from the Project Area, decent, safe, and sanitary dwellings equal in number to the number of and available to the displaced families and persons and reasonably accessible to their places of employment. (i) Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Sections 33411 and 33411.1 of the Law. Dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to Sections 33334.5, 33413, and 33413.5 of the Law. (j) Inclusion of any lands, buildings, or improvements which are not detrimental to the public health, safety, or welfare is necessary for the effective redevelopment of the area of which they are a part; that any area included is necessary for effective redevelopment and is not included for the purpose of obtaining the allocation of tax increment revenues from the area pursuant to Section 33670 of the Law without other substantial justification for its inclusion. (k) The elimination of blight and the redevelopment of the project area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and association of the CDC. (1) The project area is predominantly urbanised, as defined by subdivision (b) of Section 33320.1 of the Law. (m)The time limitation and, if applicable, the limitation on the number of dollars to be allocated to the agency that are contained in the plan are reasonably related to the proposed projects to be implemented in the project area and to the ability of the agency to eliminate blight within the project area. (n) Though the 2001 Amendment does not propose displacement of permanent housing facilities, the City Council is satisfied that permanent housing facilities would be available within three years from the time occupants of the Project Area are displaced and that, pending the development of the facilities, there will be available to the displaced occupants adequate temporary housing facilities at rents comparable to those in the City at the time of their displacement. Ordinance No. 2001 - Page Four Section 3. A full and fair public hearing having been held on the 2001 Amendment, and . the City Council having considered all evidence and testimony for and against the adoption of the 2001 Amendment and all written and oral objections thereto, and the City Council being fully advised in the premises, all written and oral objections to the 2001 Amendment to the extent not otherwise addressed in the Redevelopment Plan or not otherwise responded to are hereby overruled, and the 2001 Amendment is hereby approved as an amendment to the official redevelopment plan of the Project Area. Law. Section 4. The City Clerk shall publish a copy of this Ordinance as required by PASSED and ADOPTED this day of , 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney PROPOSED 2001 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT The Redevelopment Plan for the National City Redevelopment Project, originally adopted on November 18, 1969 by Ordinance No. 1233, June 24, 1975 by Ordinance No. 1471, April 13, 1976 by Ordinance No. 1505, and December 13, 1977 by Ordinance No. 1610, and subsequently amended on December 1, 1981 by Ordinance No. 1762, May 22, 1984 by Ordinance No. 1821, April 16, 1985 by Ordinance No. 1851, June 18, 1991 by Ordinance No. 91-2013, and June 18, 1995 by Ordinance No. 95-2095, is hereby amended as follows: Pursuant to Section 603 of this Plan, the CDC may acquire the following properties through the use of eminent domain: Existing Area (as defined in Section 300 of this Plan) • All parcels located immediately east and adjacent to National City Boulevard, between Division Street and the south City limits. . • All parcels located immediately west and adjacent to National City Boulevard, between Division Street and State Route 54. • All parcels located immediately west and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. • All parcels located immediately south and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. • All parcels located immediately north and south and adjacent to 8th Street, between Interstate 5 and "D" Avenue. • Assessor's Parcel Numbers 556 560-41 556-560-42 556-560-43 and 556-560-44 located immediately southwest of the intersection of Plaza Boulevard and Hi • bland Avenue Added Area (as defined in Section 300 of this Plan) All property in the Added Area, excepting the San Diego Unified Port District property. IN EXISTING AND ADDED AREAS, SINGLE-FAMILY RESIDENTIAL PROPERTIES ARE SPECIFICALLY EXCLUDED FROM THE USE OF EMINENT DOMAIN. ATTACHMENT NO. 1 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 12, 2001 SECOND READING AGENDA ITEM NO. 14 7-ITEM7-ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL AMENDING SECTIONS 18.116.060, \ 18.114.060, AND 18.112.020 OF THE NATIONAL CITY MUNICIPAL CODE CONCERNING THE FILING OF APPLICATIONS FOR CONDITIONAL USE PERMITS, VARIANCES AND OTHER DISCRETIONARY APPROVALS. (CASE FILE NO. A-2001-2) PREPARED Y Steve Ray DEPARTMENT Planning EXPLANATION The amendment is described in a separate agenda statement for a public hearing. In anticipation of Council approval after conducting the hearing, the ordinance is attached for first reading. Environmental Review /A Financial Statement N/A Account No. STAFF RECOMMENDATION Staff concurs with the recommendation of the Planning Commission. BOARD / COMMISSION RECOMMENDATION The Planning Commission voted unanimously to recommend approval of the amendment. Ayes: Valderrama, Godshalk, Ungab, Baca, Martinelli, Detzer. Abe n i. Parra. %ATTACHMENTS (Listed Below ) Draft Ordinance Resolution No. A-200 (9/80) ORDINANCE NO. 2001 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTIONS 18. 116.060, 18.114.060, AND 18.112.020 REGARDING THE FILING OF APPLICATIONS FOR CONDITIONAL USE PERMITS, VARIANCES AND OTHER DISCRETIONARY APPROVALS Applicant: National City Community Development Commission Case File No. A-2001-2 BE IT ORDAINED by the City Council of the City of National City that Title 18 of the National City Municipal Code is amended as follows: Section 1. That Section 18.116.060 be amended to read as follows: 18.116.060 Notice and hearing. Upon the filing of an application for a conditional use permit, which application sets forth fully the grounds therefor and the facts deemed to justify the granting of the conditional use permit, and is accompanied by the supporting documents described in Chapter 18.130, the Planning Department shall give public notice, as provided in Chapter 18.130, of the Planning Commission's intention to consider, at a public hearing, the granting of such conditional use permit. All applications shall be signed by the owner of the property involved, by the lessee of the property involved with the consent of the owner, by the plaintiff in an action of eminent domain in which it is sought to acquire the property involved, or by a redeveloper who is seeking to redevelop the property involved, and who is a party to an existing Disposition and Development Agreement with the Community Development Commission. Section 2. That Section 18.114.060 be amended to read as follows: 18.114.060 Notice and hearing. Upon the filing of an application for a zone variance by the property owner, by a lessee with the consent of the owner, or by the plaintiff in an action in eminent domain in which it is sought to acquire the property involved, which application sets forth fully the grounds therefor and the facts deemed to justify the granting of the zone variance, and is accompanied by the supporting documents described in Chapter 18.130, the Planning Department shall give public notice, as provided in Chapter 18.130, of the Planning Commission's intention to consider, at a public hearing, the granting of such zone variance. All applications shall be signed by the owner of the property involved, by the lessee of the property involved with the consent of the owner, by the plaintiff in an action of eminent domain in which it is sought to acquire the property involved, or by a redeveloper who is seeking to redevelop the property involved, and who is a party to an existing Disposition and Development Agreement with the Community Development Commission. Ordinance No.. 2001 — Page Two Section 3. That Section 18.112.020 be amended to read as follows: 18.112.020 Initiation. The amendments, as specified in Sections 18.112.010 through 18.112.080, may be initiated by: A. The application of an owner or the agent of such owner seeking an amendment, supplement to, or change of the regulations prescribed for his property, or the reclassification of his property; B. The application of a person authorized to exercise the power of eminent domain; C. The application of a redeveloper who is seeking to redevelop the property involved, and who is a party to an existing Disposition and Development Agreement with the Community Development Commission; D. Minute action of the City Council; E. Minute action of the Planning Commission. PASSED and ADOPTED this day of , 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT SECOND READING **Refer to Item #5 MEETING DATE June 12, 2001 AGENDA ITEM NO. 15 ITEM TITLE AN ORDINANCE AMENDING TITLE 9, CHAPTERS 9.40 AND 9.48 OF THE NCMC BY THE ADOPTION OF TITLE 6, CHAPTERS 11 AND 12 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO "CERTIFIED UNIFIED PROGRAM AGENCY, HAZARDOUS MATERIALS INVENTORY AND RESPONSE PLAN" AND "MEDICAL WASTES" PREPARED BY DEPARTMENT EXPLANATION Rudolf Hradecky City Attorney The County of San Diego has amended its Code of Regulatory Ordinances dealing with the "Certified Unified Program Agency, Hazardous Materials Inventory and Response Plan, and Medical Wastes". All cities in the County have been requested to adopt the County Code by reference to allow uniformity of enforcement by the County Department of Environmental Health. That Department administers and enforces state and local ordinances governing hazardous and medical wastes. This ordinance adopts the pertinent County regulatory codes by reference for enforcement purposes. Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt proposed Ordinance. BOARD I COMMISS - RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed Ordinance. Copy of County Ordinance Resolution No. A-200 (9/80) ORDINANCE NO. 2001 — AN ORDINANCE OF THE CITY COUNCIL 'OF THE CITY OF NATIONAL CITY AMENDING TITLE 9, CHAPTERS 9.40 AND 9.48 OF THE MUNICIPAL CODE BY THE ADOPTION OF TITLE 6, CHAPTERS 11 AND 12 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO "CERT11 ED UNIFIED PROGRAM AGENCY, HAZARDOUS MATERIALS INVENTORY AND RESPONSE PLAN" AND "MEDICAL WASTE" BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is hereby amended to read as follows: Section 1. That Chapter 9.40 of the Municipal Code is hereby amended by amending the title to read "DISCLOSURE OF HAZARDOUS MATERIALS AND REGULATION OF HAZARDOUS WASTE ESTABLISHMENTS, AND ADOPTION OF THE CERTIFIED UNIFIED PROGRAM AGENCY, HAZARDOUS MATERIALS INVENTORY AND RESPONSE PLAN" and adding Sections 9.40.040 and 9.40.050 to read in their entirety as follows: 9.40.040 Adoption of the San Diego County Ordinance relating to the Certified Unified Program Agency, Hazardous Materials Inventory and Response Plan. Chapter 11 of Division 8 of Title 6 of the San Diego County Code, commencing with Section 68.1101, known as the "Certified Unified Program Agency, Hazardous Materials Inventory and Response Plan", is hereby adopted as an ordinance of the City of National City, together with any amendments and modifications of that division as have been, are or shall be duly adopted by the County of San Diego, unless local modifications are enacted by the City of National City. Copies of the Code hereby adopted by reference shall be kept on file in the Office of the City Clerk. 9.40.050 Enforcement. The provisions of this Chapter 9.40 shall be administered and enforced by the Director of Environmental Health, or designee, of the County of San Diego. 9.40.060 Penalties. Section 68.1114 of the County Code of Regulatory Ordinance is adopted and is set out in full, reading as follows: In addition to penalties provided in state law, the following criminal, civil and administrative civil penalties apply to violations of this Chapter. (a) Penalty for Misdemeanor. Unless otherwise specified by this Chapter, a misdemeanor is punishable by a fine not exceeding one thousand dollars ($1,000), imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment. (b) Civil Penalty. Any person who violates any provision of this Chapter is liable for a civil penalty of not more than two thousand dollars ($2,000) for each day, or part thereof such violation occurs. Any person who knowingly violates any provision of this Chapter, after reasonable notice of the violation is liable for a civil penalty of not more than five thousand dollars ($5, 000) for each day, or part thereof that such violation occurs. The County Counsel or District Attorney is authorized to bring a civil action in any court of competent jurisdiction to recover such civil penalties for the County. (c) Continuing Violation. Each and every day a violation of this chapter continues shall constitute a separate offense. The person committing or permitting such offenses may be charged with a separate offense for each such violation and punished accordingly. Section 2. That Chapter 9.48 of the National City Municipal Code is hereby repealed in its entirety and is replaced with the following heading and provisions, to read as follows: CHAPTER 9.48 CERTIFIED UNIFIED PROGRAM AGENCY, MEDICAL WASTES Sections: 9.48.010 Adoption of the San Diego County Ordinance relating to the Certified Unified Program Agency, Medical Wastes 9.48.020 Enforcement 9.48.030 Criminal penalties 9.48.040 Civil penalties 9.48.010 Adoption of the San Diego County Ordinance relating to the Certified Unified Program Agency. Medical Wastes. Chapter 12 of Division 8 of Title 6 of the San Diego County Code, commencing with Section 68.1201, known as the "Certified Unified Program Agency, Medical Wastes", is hereby adopted as an ordinance of the City of National City, together with any amendments and modifications of that division as have been, are or shall be duly adopted by the County of San Diego, unless local modifications are enacted by the City of National City. Copies of the Code hereby adopted by reference shall be kept on file in the Office of the City Clerk. 9.48.020 Enforcement. The provisions of this Chapter 9.48 shall be administered and enforced by the Director of Environmental Health, or designee, of the County of San Diego. 9.48.030 Criminal penalty. Section 68.1208 of the County Code of Regulatory Ordinances is adopted and is set out in full, reading as follows: 2001 Ordinance 2 Hazardous Materials and Medical Wastes Violation of any of the provisions of this chapter shall be a misdemeanor punishable by imprisonment in the County jail not exceeding one year, or a fine not exceeding ten thousand dollars ($10,000), or both. 9.48.040 Civil penalties. Section 68.1209 of the County Code of Regulatory Ordinances is adopted and is set out in full, reading as follows: Any person who violates any of the provisions of this chapter shall be liable for a civil penalty not to exceed fifteen thousand dollars ($15,000) for each such violation. Section 3. The City Clerk shall send certified copies of this ordinance upon its adoption to the Clerk of the Board of Supervisors and to the Director of Environmental Health of the County of San Diego. Section 4. The City Clerk shall keep and maintain copies of the San Diego County Code of Regulatory Ordinances hereby adopted on file in the Office of the City Clerk. PASSED and ADOPTED this day of , 2001. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: City Attorney 2001 Ordinance 3 George H. Waters, Mayor Hazardous Materials and Medical Wastes ORDINANCE NO. (NEW SERIES) AN ORDINANCE AMENDING AND REPEALING PORTIONS OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES, AND ADDING SECTIONS TO THE COUNTY CODE, RELATING TO THE CERTIFIED UNIFIED PROGRAM AGENCY, REGULATION OF UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES, REGULATION OF HAZARDOUS MATERIALS AND REGULATION OF MEDICAL WASTES The Board of Supervisors of the County of San Diego ordains as follows: Section 1. The Board of Supervisors finds and determines that the sections of the County Code of Regulatory Ordinances assigned to the Hazardous Materials Division of the Department of Environmental Health were established during the 1980s and early 1990s and have not been updated since then. The Board further finds and determines that since that time, there have been many new State and Federal environmental laws and regulations passed regarding hazardous waste, underground storage tanks, hazardous materials and medical waste. The amendments made by this ordinance are intended to ensure that the applicable County Code sections reflect current State and Federal environmental laws and regulations, including the California Health and Safety Code and the Medical Waste Management Act. The provisions of this ordinance shall be operative as of January 13, 2001. Section 34. The title of Chapter 11 of Division 8 of Title 6 of the San Diego County Code is hereby amended to read as follows: CHAPTER 11. CER 11111+;D UNIFIED PROGRAM AGENCY, HAZARDOUS MATERIALS INVENTORY AND RESPONSE PLANS Section 35. Section 68.1101 of the San Diego County Code is hereby amended to read as follows: SEC. 68.1101. PURPOSE. It is the intent of the Board of Supervisors that the Director of the Department of Environmental Health shall implement Division 20, Chapter 6.95 of the Health and Safety Code. It is further the intent of the Board of Supervisors that the Director of the Department of Environmental Health expand the application of the Business Plan, Area Plan, other reporting, disclosure and monitoring requirements of Division 20, Chapter 6.95 of the Health and Safety Code in a manner hereinafter prescribed. Section 36. Sections 68.1102 through 68.1111 of the San Diego County Code are hereby repealed. Section 37. Section 68.1112 of the San Diego County Code is hereby amended to read as follows: -1- SEC. 68.1112. ENFORCEMENT OF HAZARDOUS MATERIALS RESPONSE PLAN AND INVENTORY REQUIREMENTS AT AGRICULTURAL BUSINESSES. Every business which is required, pursuant to California Health and Safety Code, to provide information regarding inventories or hazardous materials to the Agricultural Commissioner shall pay a maximum yearly fee in accordance with the Board of Supervisors resolution for such fee. Such fee shall pay the expenses of the Agricultural Commissioner in collecting annual inventories and conducting at least triennial storage inspections of agricultural businesses to ensure proper compliance with hazardous materials response plan and inventory requirements Section 38. Section 68.1113 is hereby added to the San Diego County Code, to read as follows: SEC. 68.1113. DISCLOSURE OF HAZARDOUS MATERIALS. Any business which handles hazardous material subject to the requirements of Chapter 6.95 (commencing with section 25500) of Division 20 of the Health and Safety Code shall provide information in conformance with said Chapter to the Director of the Department of Environmental Health. (a) Any business which bandies compressed gases with a Threshold Limit Value of 10 parts per million or less shall report these gases as part of their chemical inventory, in any quantity, and shall prepare a business plan in conformance with Chapter 6.95 (commencing with section 25500) of Division 20 of the Health and Safety Code, and shall submit said plan to the Director of the Department of Environmental Health. (c) Any business which (i) submits a plan under paragraphs (a) or (b) and (ii) handles a material which is a carcinogen or reproductive toxin in quantities not subject to the requirements of Chapter 6.95 (commencing with section 25500) of Division 20 of the Health and Safety Code, shall provide a list of each such material handled during the previous year to the Director of the Department of Environmental Health. (1) The list as required in paragraph (c) for carcinogens or reproductive toxins is not subject to the chemical inventory reporting format requirements of the Health and Safety Code. (2) The list shall identify each material handled and shall specify whether the quantity of each such material handled at any one time during a reporting year, based upon a good faith estimate is: (a) less than One (1) Gallon, less than Ten (10) Gallons, or less than Fifty-five (55) Gallons if measured by volume; or -2- (3) less than One (1) Pound, less than One Hundred (100) Pounds, or less than Five Hundred (500) Pounds if measured by weight. The list of such materials handled shall be renewed each year by providing a supplemental listing sheet which: (i) Deletes any such material which was not handled during the previous year; (ii) Provides the information required in subsection (1) above, for any such material used during the previous year which was not included in the list or any previous supplemental listing sheets; and (iii) Identifies any changes in the quantity handled of such material. (4) The provisions of subsections (a) and (c) shall not apply to businesses using the following carcinogens and they shall be exempted from the requirements of Chapter 6.95 (commencing with section 25500) of Division 20 of the Health and Safety Code: aflotoxins, alcoholic beverages, betel quid with tobacco, bracken fern, diesel engine exhaust, gasoline engine exhausts, tobacco smoke, aspirin, cocaine, anabolic steroids, oral contraceptives, saccharin, and tobacco. (5) The provisions of subsection (c) shalI not apply to the following carcinogens: gasoline, crystalline, silica, soot, tars and mineral oil, and residual (heavy) fuel oils. Any business which handles these carcinogens are subject to the requirements of Chapter 6.95 (commencing with section 25500) of Division 20 of the Health and Safety Code (6) The provisions of this subsection shall not apply to materials which are (i) used or intended for use for medical or therapeutic purposes, or (ii) contained solely in a consumer product for direct distribution to, and use by, the general public. (d) Unless otherwise defined herein, the definitions set forth in Health and Safety Code section 25501 through 25501.4, inclusive, govern the construction of this section. (e) For the purpose of this section, a carcinogen and reproductive toxin shall be those listed by the Governor pursuant to Health and Safety Code section 25249.8. -3- Section 39. Section 68.1114 is hereby added to the San Diego County Code, to read as follows: SEC. 68.1114. PENALTIES. In addition to penalties provided in State law, the following criminal, civil and administrative civil penalties apply to violations of this Chapter. (a) Penalty for Misdemeanor. Unless otherwise specified by this Chapter, a misdemeanor is punishable by a fine not exceeding one thousand dollars ($1000), imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment. (b) Civil Penalty. Any person who violates any provision of this Chapter is liable for a civil penalty of not more than two thousand dollars ($2,000) for each day, or part thereof, such violation occurs. Any person who knowingly violates any provision of this Chapter, after reasonable notice of the violation is liable for a civil penalty of not more than five thousand dollars ($5,000) for each day, or part thereof, that such violation occurs. The County Counsel or District Attorney is authorized to bring a civil action in any court of competent jurisdiction to recover such civil penalties for the. County. (c) Continuing Violation. , Each and every day a violation of this chapter continues shall constitute a separate offense. The person committing or permitting such offenses may be charged with a separate offense for each such violation and punished accordingly. Section 40. Section 68.1115 is hereby added to the San Diego County Code, to read as follows: SEC. 68.1115. ADMINISTRATIVE ENFORCMENT POLICY. By written policy the Department of Environmental Health shall adopt procedures for enforcing this Chapter and Section 25514.6 of the California Health and Safety Code. Such procedures shall contain those elements required by, and shall be consistent with the provisions stated in, Health and Safety Code section 25514.6, or any successor statute thereto. The administrative enforcement procedures adopted shall not be exclusive, but are cumulative with all other remedies available by law and under this Chapter. Section 41. The title of Chapter 12 of Division 8 of Title 6 of the San Diego County Code is hereby amended to read as follows: -4- CHAPTER 12. CERTIFIED UNIFIED PROGRAM AGENCY, MEDICAL WASTES* Section 42. Section 68.1201 of the San Diego County Code is hereby amended to read as follows: SEC. 68.1201. PURPOSE It is the intent of the Board of Supervisors that the Director of the Department of Environmental Health shall implement the Medical Waste Management Act, Division 104, Part 14 of the California Health and Safety Code. Section 43. Section 68.1202 of the San Diego County Code is hereby amended to read as follows: SEC. 68.1202. SMALL QUANTITY GENERATORS. (a) It shall be unlawful for any generator of medical waste, other than a trauma scene waste management practitioner, that generates less than 200 pounds per month of medical waste to store or dispose of such wastes without an annual permit therefore from the Director of the Department of Environmental Health. (b) Any person desiring a permit required by this chapter shall make application therefor as prescribed in Chapter 9, Section 68.906 of this division. Section 44. Section 68.1203 of the San Diego County Code is hereby amended to read as follows: SEC. 68.1203. LARGE QUANTITY GENERATORS. (a) It shall . be unlawful for any generator of medical waste, other than a trauma scene waste management practitioner, that generates more than 200 pounds per month of medical waste to store or dispose of such wastes without an annual permit therefor from the Director of the Department of Environmental Health. (b) Any person desiring a permit required by this chapter chall make application therefor as prescribed in Chapter 9, Section 68.906 of this division. Section 45. Section 68.1204 of the San Diego County Code is hereby amended to read as follows: SEC. 68.1204. FEE. Every person required to have a permit or license required by this division shall, at the time of making application or renewal, pay the annual fee prescribed for such a pennit or license. Such -5- annual permit fees shall be specified in Section 65.107 of the County Code of Regulatory Ordinances. Section 46. Section 68.1205 of the San Diego County Code is hereby amended to read as follows: SEC. 68.1205. SHARPS CONTAINER LABELING Sharps containers must be labeled with either "biohazard" or "infectious waste" on the outside of the container. Sharps containers must also be labeled so that the generator's name, address and phone number are legible and easily visible on the outside of the container. Section 47. Section 68.1206 of the San Diego County Code is hereby amended to read as follows: SEC. 68.1206. RED BAG LABELING. Red Bags shall be red in color and conspicuously labeled with the international biohazard symbol and the word "Biohazard". The bag shall be labeled so that the generator's name, address, and phone number is legible and easily visible on the outside of the bag. Section 48. Section 68.1207 of the San Diego County Code is hereby amended to read as follows: SEC. 68.1207. MEDICAL SOLID WASTE. Medical solid waste shall include, but not be limited to, waste such as empty specimen containers, bandages, dressings containing non -liquid blood, surgical gloves, decontaminated - bioha7ardous waste, and other materials which are not biohazardous. Section 49. Section 68.1208 is hereby added to the San Diego County Code, to read as follows: SEC. 68.1208. CRIMINAL PENALTY. Violation of any of the provisions of this chapter shall be a misdemeanor punishable by imprisonment in the County jail not exceeding one year, or a fine not exceeding ten thousand dollars ($10,000), or both. Section 50. Section 68.1209 is hereby added to the San Diego County Code, to read as follows: SEC. 68.1209. CIVIL PENALTY. Any person who violates any of the provisions of this chapter shall be liable for a civil penalty not to exceed fifteen thousand dollars ($15,000) for each such violation. Section 51. Section 68.1210 is hereby added to the San Diego County Code, to read as follows: SEC. 68.1210. ADDITIONAL REMEDIES. The civil and criminal provisions of this chapter are remedies in addition to any existing remedy authorized by law and are not to be construed as conflicting with or in dereliction of, any provisions of this chapter or of this code or of law. Said provisions are to be construed as independent and non-exclusive and in no way conditioned upon each other. Section 52. Section 68.1211 of the San Diego County Code of Regulatory Ordinances is hereby amended to read as follows: SEC. 68.1211. MEDICAL SOLID WASTE SECURITY. Any person who is a generator, or an employee of a generator of medical solid wastes, shall store such wastes prior to disposal in an area secured as to deny access to unauthorized persons, animals, wind, rain, insects and rodents. If such wastes are placed in a trash receptacle or compactor which is accessible at any time to unauthorized persons, such receptacle or compactor shall be locked to prevent access to the contents thereof to anyone other than authorized persons or refuse collection personnel. -7- City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 12, 2001 SECOND READING AGENDA ITEM NO. 16 /7-ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING ORDINANCE NO. 95-2101 AND SECTION 2.04.010 OF THE NATIONAL CITY MUNICIPAL CODE, PERTAINING TO MEETING TIMES OF THE CITY COUNCIL. PREPARED BY DEPARTMENT George H. Eiser, IIIfro EXPLANATION City Attorney At the April 24 City Council meeting, the Council acted to change its meeting times to the first and third Tuesdays of the month at 6:00 p.m. Since regular meeting times of the City Council are established by Section 2.04.010 of the Municipal Code, an ordinance amending that Code section is necessary to effectuate the Council's action Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Enact ordinance BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS I Listed Below l Proposed ordinance. Account No. Resolution No. A-200 (9/80) ORDINANCE NO. 2001 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING ORDINANCE NO. 95-2101 AND SECTION 2.04.010 OF THE NATIONAL CITY MUNICIPAL CODE, PERTAINING TO MEETING TIMES OF THE CITY COUNCIL BE IT ORDAINED by the City Council of the City of National City that Ordinance No. 95-2101 and Section 2.04.010 of the National City Municipal Code are hereby amended to read as follows: 2.04.010 Regular meetings. Regular meetings of the City Council shall be held in the Civic Center, on the first and third Tuesday of each and every month at the hour of 6:00 p.m., beginning with the first Tuesday after the effective date of this Ordinance. PASSED and APPROVED this day of , 2001 George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: .. mot. George H. Eiser, III City Attorney MEETING DATE ITEM TITLE PREPARED BY City of National City, California COUNCIL AGENDA STATEMENT June 12, 2001 17 AGENDA ITEM NO. TEMPORARY USE PERMIT — KIWANIS CLUB OF SWEETWATER- CARNIVAL Claudia Caro, Permit Tech�EPARTMENT Building and Safety EXPLANATION This is a request from Kiwanis Club of Sweetwater to conduct a carnival at 1400 National City Blvd. The event will include carnival rides, food booths, games of skill and a candy wagon. The event dates are as follows: Setup dates September 3-5 12 p.m. —10 p.m. Event (Thursday & Friday) September 6-7 5 p.m. —10 p.m. (Saturday & Sunday) September 8-9 12 p.m. —10 p.m. Teardown September 10 8 a.m. —12 p.m.. Alcohol will not be sold and off duty National City Police Officers and carnival security will provide crowd control. A waiver of fees is requested. The event and sponsoring organization meet the criteria in City Council Policy No. 704 for a waiver of fees. Fiestas Patrias has been approved for September 9, 2001. CEnvironmental Review N/A Financial Statement Approved By: Finance Director The City has incurred $263 in costs for processing the T.U.P. through various City departments and $50 in Finance Department Inspection costs, totaling $313. Account No. STAFF RECOMMENDATION Approve the Application for a Temorary Use Permit subject to compliance with all Conditions of Approval and approve the waiver of all fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 (9:99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Kiwanis Club of Sweetwater EVENT: Carnival DATE OF EVENT: September 6-9, 2001 APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] PARKS & REC. YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] CDC YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x 1 NO [ 1 SEE CONDITIONS [ x j CONDITIONS OF APPROVAL: FIRE 336-4550 1. Please ensure availability of emergency access at all times. PARKS & REC. 336-4290 1. Be aware that "Fiesta Patrias will be going on in Kimball Park during these dates. 2. A parking problem will be created. CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. RISK MANAGER 336-4240 1. Provide minimum limits of one million dollars per occurrence of general liability insurance. 2. Name the City of National City and the Community Development Commission of National City, its officials, employees, agents and volunteers as additional insureds on all policies. (Done). 3. Execute hold harmless against the City of National City and the Community Development Commission of National City. (The attached hold harmless lists only the City, CDC should be included, it needs to be redone and signed). FINANCE 336-4330 1. A $2,500 bond is required for the carnival or circus. 2. A $50 inspection fee is required and a list of all approved vendors is to be provided to the Revenue & Recovery Division of the Finance Department. 3. A Business License is required of all vendors and separate businesses participating or organizing the event including the carnival or circus contractor. PUBLIC WORKS 1. No involvement from Public Works. CDC 1. Agreement with CDC for use of property included insurance and clean up. 2. Notify residents and keep noise away from neighborhoods. POLICE 1. Kiwanis Club must provide paid security guards. 2. Their security plan on page 4 is acceptable. 3. The Police Department will try to have reserve officers assigned on Friday — Sunday nights. (The San Diego County Health Department has been notified). Type of Event: _ Public Concert _ Fair _ Festival _ Community Event _ Parade _ Block Party Demonstration Other ��rh/� _ /1— Motion Picture _ Grand Opening _ 4t Event Title: ✓ W eR,71Waler l) Event Location:. /4/00 f1/4#)1Z -' O /! �y Event Date(s): From 9' •o/to 9 9 d/Total Anticipated Attendance: Month/Day/Year ( Participants) - "i ��r (__Spectators) Actual Event Hours: s' pp amOto �d• ar� /2 ! Aa PA116 /P-'. 4�l Setup/assembly/construction Date: 9. 3 * 0/ Start time: -how Please describe the scope of your setup/assembly work (specific details): Dismantle Date: � /D • O / Completion Time: '?1.-ateayj aMP m List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day nd time of reopening. Sponsoring Organization tat( /5 & '4' D� f W 40e r _For Profit I/NoProfit Chief Officer of Organization _(Name) 41, alp DG� Applicant (Name): 0�/ l/// 7 � Aldan �. Address: / �O 51 cc Ake- (1' �" 7 C • Daytime Phon:? #71'3334 Evening Phon ( `f77--? .3.C. Fax: Contact Person "on site" day of the event: I 1244 OPOLla Page 9.0y-3/6-( 2- NOTE: THIS PERSON MUST BE IN ATVNDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CI'I Y OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? YES _ NO Are admission, entry, vendor or participant fees required? YES _ NO af If YES, pleasepurpose and provide amount(s): / explain the ' s'Q 2.4`1-1041-4. Y1 $ 9o0 0 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ ko 0 Estimated Expenses for this event. $ �� ' a What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. �r�-tires r-44-t-avrai-Lie 2 1/207 B 04, 6�19 077 5 2 Please describe your procedures for both Crowd Control and Internal Security: OW /G 4,( 40U 1 ,e¢-7 . YES _ NO Have you hired any Professional Security organization to handle security arrangements for this t event? If YES, please list: + Security Organization: 6'64-e'�'lo ',' Uf 4,&444-by;"- .�%.Led Security Organization Address: l9®/ l ± G 2- $ Security Director (Na 69C-kgerifr Phony: . -46 YES _ NO Is this a night event? If YES, please state how the event and suriounding area will be illuminated t ensure safety of the participants and spectators e/tz Please�ndicate what nge ant yhave made for rovi0 g —Aid itli equipment. Please describe your Accessibility Plan for amass at your event by individuals with di i ies: „etwafze)i ,a4a, .ee lU r Please providea.detailed description of your PARKING plan: 4 YES /NO Does the event involve the sale or use of alcoholic beverages? _ YES 410, ..Will items or services be'sold at the event? , If yes, please describe: • _ YES " NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. ' YES., NO Does the event involve a fixed venue site? If YES, atta a d iled site map showing all streets impacted by the event. ,AL,. In addition to the route map required above, please attach a di shcNinthe overall layout and set-up locations for the following items: ➢ Alcoholic and. Nonalcoholic Congession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: ,a-efelee,a6 If you intend to cook food in the event area please specify the m€thod: _ GAS ELECTRIC" CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities at4.463,. 1 Number of portable toilets: (p (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ' > Tables and Chairs > Fencing, barriers and/or barricades > Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding,bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above > Trash containers and dumpsters (Note: You must, properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area,mustbe returne'd-to®a cleancondition.) '!/ Number of trash cans: l0 Trash containers with lids:• / /L iP Describe your plan for clean-up and removal ofwaste and garbage�during and after the event: io ,sal G .cvv Act 7f 3 Please%� for EO/�'RKI 7ii«``�" � , � -n-ei iic 2 Please describe your plans to notify all residents, businesses and churches impacted by the event: �.yLe ,Ol�9 `r /01-00>(-307-eeltJ A2-1/r1/1 NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES/ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: YES /NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES AO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: aml'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES NO Any signs, banners, decorations, special lighting? If YES, please describe: 5 For Office Use Only Department Date Yes No Condition(s) of Approval Specific Conditions of Approval Initial BUILDING AND SAFETY DEPT. RECEIVED HAY 0 9 ?001 NATIONAL CITY, CALIF. 6 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? / Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and tyweoof organization sponsoring the event for which the TUP.•is sought and then proceed to Question 3. Name of the sponsoring organization`W Type of Organization L!f2 (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? an Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to au on 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? / Yes (Please provide an explanation and details. 42-6,Cee4 /, i<<� �� _e_ .► •► _ S f No (Please proceed to Question 7) 7. Will the proceeds. provide a direct financial benefit to an organization; which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) £tur��-' ./-3a •p/. Date 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 iG /GU.e44 e. / Person in Charge of Activity 049` 7y Address /219 5i 7to ., J 1 5,0 Telephkrit 97Z-33.367 Date(s) of Use 9 — -- _9• / —G 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, indemnify and 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, 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 Official Title(.21741,444.4...etc I -or Office Use Only Certificate of Insurance Approved Date 7 FROM : FAX NO. : Jan. 19 2001 11:49AM P1 kFewc 2o• x+ca,tocc QLp� rCkiret i �l•C s8rr i Lrm-11,1 e w c � ' - I I 4 T r ACORD. CERTIFICATE OF LIABILITY INSURANC ID OM 05/0��' IWAN03 05/03/Ol PRODUCER Conseco Risk Management, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P,Ga.. Box 1910 IN 46082 COMPANIES AFFORDING COVERAGE el Denton K. Flahault, AAI, CIC No. 317-817-5151 COMPANY A St Paul Surplus Lines Ins Co Phone No. 317-817-5000 Fax INSURED Kiwanis Int'l, All Clubs and COMPANY B Their Members, Insd Local Club Sweetwater CA COMPANY C c/o Larry Tagle 1204 K Avenue National City CA 91950 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OFINSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DDNY) LIMITS GENERAL AGGREGATE $ 2,000,000 GENERAL LIABILITY LC05526261 11/01/00 11/01/01 PRODUCTS - COMP/OP AGG $ 2,000,000 A X COMMERCIAL GENERAL LIABIUTY 1,000,000 X PERSONAL & ADV INJURY $ CLAIMS MADE OCCUR 1,000,000 PROT EACH OCCURRENCE $ OWNER'S & CONTRACTOR'S FIRE DAMAGE (Any one fire) $ 50,000 X Agg Per District MED EXP (Any one person) $ AUTOMOBILE LIABILITY LC05526261 11/01/00 11/01/01 COMBINED SINGLE UMIT $ 1,000,000 A ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) $ .-, X SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident) $ X NON -OWNED AUTOS PROPERTY DAMAGE $ AUTO ONLY - EA ACCIDENT $ GARAGE LIABILITY OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE S LIABILITY EACH OCCURRENCE $ EXCESS FORM _ AGGREGATE $ UMBRELLA OTHER THAN UMBRELLA FORM S COMPENSATION AND TORY L MITS IOER WORKERS EMPLOYERS' LIABILITY EL EACH ACCIDENT S THE PROPRIETOR/ INCL EL DISEASE - POLICY LIMIT S PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Certificate Holder is named as Additional Insured/Lessor of Premises as respects to General Liability only regarding the following Kiwanis Event: Kiwanis Carnival (Sponsor) on September 6-10, 2001 in the 1400 Block of National City Blvd. Fax 619-336-4229 CERTIFICATE"HOLDER ALLCERT City of National City & Community Development CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ',._,...- Commission of National City 1243 National City Blvd 91950 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR LIABIUTY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. , National City CA ACORD 25S IU95I AUTHORIZED REPRESENTATIVE Denton K. Flahault, AAI, CIC ACC2t D,fOF pORl TION 1988 .1289� S.iu✓ V'V 'ice= yy ,' L, ��rr�sT -i�i�.a�►►a�.i�i�*\\eiL 10'4'.`,.; PIER sYSt PIER `\ ' . RES' PLEB `\,\�,si`?Pyt 4. 9':,4e�� WAG .�IIO,R�\ M:,� 11 e 4 .SX ':. L `r 1�®��-a� -rT'1 \-. GLORLETTA •/ BAY . sou , • ` �` Y 1 • 't'J �! �: Xy� .� y'� `� : i \ \ \ \ SAN \ �.----- `� ` `� `\ DI `� • ECG �PLER \ :, , .,R • gy r,y� .) Lk `. wt V`.'�'\`91\ ,S/A 1, y. os°ono °e°e®e °"� E ©VV:% -o0 �� ® 1 � rs � f�©© ©Fy t . .1 V <. '',*� 1. •1 �"w�, ;.off ,�.3;'�'' NAVAL AMPHIBIOUS ) BASE \ \, \G,\ .. 00_ E PIER r,=ia!r , j\Gi'sLRr " 14 tdrAIa \\\/� l-A, DELTA BEAff,�NN 75 (US GGYERMIfMI \ \CORONADOest \ Y 1 PIER 1 I • PIER PfFR I --1 S 79TH' t' �r '^ , _ �' `M. , . n�j(� Ste t1 ZR lIfir447 0®RAO ....ei k�F, E' '} g \ NAVAL AMPHIBIOUS BASE \ \ DG \ ' 1 1 , 11 11 \ . SWIMY �m1AW, W ;` `` y p i8 34® ,tK ` 4 ----I'll CT w` '* -� (y''' \ I NAVY YACHT CLUB \ 0.11 \ Q �` ,� �, , - \\ ffi,_ti \ \. \ S, \ \ - 1, '1 I �!\/��L'�� rPEPPERs PARK �� IfG/.K i / - /i SWEETWATER NATIONAL WfIOLIFE f\ I 51 r 4yA-. CSC ✓.,, 1 V �, N y i Wt. FUKE \ \CD `\\ems t '' L % ' � T PI -'- CJRILA CEM VISTA;..rrS ER �p _ po(5.. A`.` 1 �,l QeW k_� L7 5` �17 a LI / SLVER / / STRAND - .... i,i `� 7 \ 7 STATE 11 BEACH LOINS LORONAoo a w'ar i\ei �� Iris v I , 1 \ 1" �� 1 ''�SI � \V \ I ST a, �' ,, ' filer auu F "� g \ 1 ., �`, B. ,,1 F . i la I MAP ITEM #18 AGENDA 6/12/01 REIMBURSEMENT TO SAN DIEGO TROLLEY FOR CANCELLATION OF CONFERENCE. (COUNCILMAN BEAUCHAMP)