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HomeMy WebLinkAbout2003 11-18 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — NOVEMBER 18, 2003 - 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. PLEDGE OF ALLEGIANCE TO THE FLAG AND INVOCATION BY MAYOR NICK INZUNZA APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 11, 2003. PUBLIC ORAL COMMUNICATIONS (Three -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 11/18/03 PAGE 2 PRESENTATION Employee of the Month Program — Robert Drew PROCLAMATION Proclaiming November 11, 2003 as: "BUDDY POPPY DAY" PUBLIC HEARING 1. Continued Public Hearing — Amendment to Title 18 (Zoning) of the National City Municipal Code regarding the sale of alcoholic beverages. (City initiated) (Case File No. A-2003-1) (Planning) 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. 2. Resolution No. 2003-157 Resolution of the City Council of the City of National City authorizing the Mayor to execute an extension of the City's Ambulance Services Agreement with American Medical Response for basic and advanced life support services. (Fire) 3. Resolution No. 2003-158 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Municipal Auditing Services, LLC to provide outside audit services of business license revenues. (Finance) COUNCIL AGENDA 11/18/03 PAGE 3 CONSENT CALENDAR (Cont.) 4. Resolution No. 2003-159 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with PBS&J to provide on -going sewer billing/tax administration and any "as needed" financial services for sewer rate analysis for Fiscal Year 2004-2005. (Public Works/Engineering) 5. Resolution No. 2003-160 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Advanced Environmental Services, Inc. to upgrade the underground fuel storage tanks at the Public Works' yard fuel facility. (Engineering Spec. 03-4) (Engineering) 6. Resolution No. 2003-161 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Katz, Okitsu & Associates to provide design services for an underground fiber optic cable connection between the Civic Center and the Fire Station at 16th Street and D Avenue. (Public Works/Engineering) 7. Status report on airspace ground sublease with Operation Samahan and United States Institute of Amateur Athletics (USIAA) for the airspace located near the interchange of Highway 805, Palm Avenue and Division Street "The Bridge Project." (Public Works/Engineering) 8. Request to schedule a Public Hearing at 6:00 pm on December 2, 2003 to consider approval of the Freeway Deficiency Plan for the Central Interstate 5 Corridor Study. (Public Works/Engineering) 9. WARRANT REGISTER NO. 20 (Finance) Ratification of Demands in the amount of $1,218,554.92. COUNCIL AGENDA 11/18/03 PAGE 4 CONSENT CALENDAR (Cont.) 10. Consolidated Cash and Investment Report as of August 31, 2003. (Finance) 11. Claim for Damages: Fletcher West (City Clerk) NON CONSENT RESOLUTION 12. Resolution No. 2003-162 Resolution of the City Council of the City of National City approving an Addendum to the National City Wal-Mart Certified Environmental Impact Report. (City Attorney/Public Works) NEW BUSINESS 13. Time Extension Request — Tentative Subdivision Map and Conditional Use Permit for six condominiums at 228 Palm Avenue. (Applicant: Ingenuity Engineering Corporation) (Case File Nos. S-2001- 1/CUP-2000-7) (Planning) 14. Notice of Decision — Denial of a Conditional Use Permit for a church at 833 East 8th Street. (Applicant: Octaviano Cabrera — Missiones El Shadai) (Case File No.: CUP-2003-18) (Planning) 15. Notice of Decision — Approval of a Conditional Use Permit for expansion of the Ralph's Shopping Center at the northeast corner of Plaza Boulevard and Euclid Avenue and a variance for two freestanding signs in a 20-foot setback area. (Applicant: Evergreen Devco, Inc.) (Case File No.: CUP-2003-19/Z-2003-8) (Planning) COUNCIL AGENDA 11/18/03 PAGE 5 NEW BUSINESS (Cont.) STAFF MAYOR AND CITY COUNCIL CLOSED SESSION Public Employee Performance Evaluation —Government Code Section 54957 Title: Acting City Manager ADJOURNMENT Next Regular City Council Meeting — Tuesday — December 2, 2003 - 6:00 p.m. — Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE Ya City of National City r Human Resources Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM November 5, 2003 TO FROM SUBJECT Park Morsel if F, City Manager Patt Zama , Interim Director of Human Resources EMPLOYEE OF THE MONTH PROGRAM The Employee of the Month Program is intended to communicate the City's appreciation for outstanding performance and service by recognizing those employees who maintain high standards of personal conduct and who make significant contributions to the work environment and our community. The employee selected by the Fire Department (Non -Safety) to be recognized for the month of November 2003 is Robert Drew, Fire Inspector (nomination attached). Mr. Drew has been invited to attend the Council meeting of Tuesday, November 18, 2003, and be recognized for his achievements and service. Attachment (1) xc: Department Director Robert Drew Councilmember Natividad PZ:Im A:NOMINATION LETTER TO CM ® Recycled Paper City of National City Performance Recognition Award Nomination Form I nominate Fire Inspector Robert Drew for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc.). Do not exceed 150 total words. Please be as specific as possible when giving your examples. Robert consistently demonstrates a high level of service to the community. Robert has a great rapport with the City's business community. He not only performs is duties as Fire Inspector but he also assist in providing public education. Robert attends public education events on weekends, enabling our community to have an opportunity to ask fire safety questions and to interact with the Department. He has the ability to communicate with all age groups. Robert is directly involved with the National City Fire Department's Reserve Fire Inspector program. Robert provides vital education, instruction and mentoring to our Reserves. He is always willing to assist others. Robert has stepped beyond service to our community through the fire service alone, he is also a Reserve Police Officer for the National City Police Department. As a Reserve Police Officer he was deployed to the Otay Fire on Sunday 10/26/03 to assist our neighboring city in protecting live and property. Robert is truly deserving of this recognition as a City employee who truly cares. FORWARD COMPLETED NOMINATIONS TO: National City Performance Recognition Program Personnel Director Nominated by: Donald Condon, Acting Fire Chief Date: November 4, 2003 Signaturre �os, r (q, 12, NC PersDept Form 2003 i#g of Xatiratal (air firudamatiun WHEREAS, Since 1922, he Veterans of Foreign Wars of the United States has conducted an annual distribution of "Buddy" Poppies to raise funds for its charitable programs on behalf of needy and disabled veterans, as well as the widows and orphans of deceased veterans. WHEREAS, The Poppy is dedicated to the memory of the men who fought and died in France during World War I, and have become the true symbol of all those who have given their lives in our nation's wars. WHEREAS, The Poppy has become recognized as the memorial flower in countries throughout the world. It is distributed by veterans organizations in Europe, America, and in most of the countries of the British Commonwealth. WHEREAS, Today, 14 million Poppies are distributed annually by Posts and Auxiliaries of the VFW in every state of the union, and in dozens of other countries. WHEREAS, Under the unique VFW distribution system, the proceeds of the distribution are divided between national, state, and local charitable purposes. Now therefore, as Mayor and City Council of the City of National City, we do hereby proclaim November 11 , 2003 as: "Buddy Poppy Day" And call on all citizens to recognize VFW as an organization that provides positive assistance to veterans and their families Nick Inzunza Mayor Ron Morrison Councilmember d Fideles Ungab ber Councilmember -a. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 18, 2003 AGENDA ITEM NO. 1 ITEM TITLE CONTINUED PUBLIC HEARING —AMENDMENT TO TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE REGARDING THE SALE OF ALCOHOLIC BEVERAGES. (CITY INITIATED) CASE FILE NO. A-2003-1 PREPARED BY RogerPost,36-4310 DEPARTMENT Planning EXT. EXPLANATION This hearing was continued from the meeting of October 21 to allow for review of comments and recommendations received at that meeting. National City Alcohol, Tobacco, and Other Drugs Task Force (ATOD) submitted the attached recommendations. A matrix comparing them with current regulations and those contained in the draft ordinance is attached. Asterisks indicate where ATOD recommendations differ from the changes proposed. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the proposed amendments or provide direction for additional changes. BOARD / COMMISSION RECOMMENDATION The Planning Commission recommended the Amendment not be adopted. Vote: Ayes —Pruitt, Saludares, Alvarado, Flores, Baca, Reynolds, Graham Nays Carillo; Abcent: Martinelli ATTACHMENTS ( Listed Below) Resolution No. 1. Matrix Comparing Current Regulations with those Proposed and ATOD Recommendations. 2. ATOD Recommendations 3. Report for the October 21 meeting with listed attachments (Findings, Letters, Existing Regulations, etc.) A-200 (Rev. 7/03) Sale of Alcoholic Beverages Comparison of Current Regulations with the Proposed Ordinance and Recommendations from National City Alcohol, Tobacco and Other Drugs Task Force (ATOD) Type of Establishment Current Requirements Draft Ordinance ATOD Recommendation Markets, convenience stores, big box retailers, etc., that sell alcohol No distance requirements. Same 660 foot distance from a school (K-12). Liquor stores Must be at least 660 feet from a school; Must be at least 500 feet from another liquor store Same Same Restaurants that serve alcohol Bars, cocktail lounges, nightclubs Must be at least 660 feet from a school; No separation requirement from other restaurants selling alcohol; Restrictions on entertainment and the hours of sale of alcohol (may be separately reviewed as part of a CUP for live entertainment) Must be at least 660 feet from a school; Must be at least 1000 feet apart; The bar/cocktail lounge distance requirements may be waived by a Conditional Use Permit No separation requirements proposed. Maintains restrictions. Clarifies that hours of sale and entertainment may be specified by the Conditional Use Permit. No distance requirement from a school. Same. The distance requirements could not be waived by a Conditional Use Permit. Keep the 660 foot distance standard from a school. Require a minimum of 500 feet between restaurants selling alcoholic beverages. Maintain 660 foot distance from schools. Same Other establishments selling alcohol as an incidental use for on - site consumption; i.e., private club, theater, bowling alley, etc. Must be at least 660 feet from a school. Must be at least 500 feet apart. No distance requirement from a school. Same as current. Keep the 660 foot distance standard from a school. 500 feet between theaters and bowling alleys. 1,000 feet separation between private clubs or lodges. Other, General Standards Current Requirements Draft Ordinance ATOD l . Recommendation Conditional Use Permit Required for all new establishments or places where the sale of alcoholic beverages is proposed, for consumption on or off - No change. No recommendation. site. Schools Affected by Distance Requirements Type of school not specified. Specify public school (K-12). Also specify K-12. Sunset Clause (Automatic Expiration) No required, automatic expiration (however, recently required by Conditional Use Permits for specific proposals). Sunset clause: automatic expiration of a Conditional Use Permit after three years or less, for new proposals and modification of existing approvals. Same as proposed. Entertainment See limitations referenced for restaurants above. Applies the provisions regarding entertainment to all establishments where entertainment may be proposed and requires a Conditional Use Permit for karaoke. No recommendation made. Server Training No Code requirement. No requirement proposed. Normally imposed on individual CUP's. Require that all employees obtain training to serve alcoholic beverages at the establishment. Definition of Family Restaurant None None proposed. (The State ABC requires that receipts from food sales exceed those for alcohol sales for restaurants. The City typically also specifies this in conditions of approval for Conditional Use Permits for restaurants.) Would define family restaurant as one required to make substantial sales of meals, during normal meal hours, not including fast food establishments. 1 PARTNERS FOR PREVENTION �n ` National City Alcohol, Tobacco, and Other Drugs Task Force Recommendations to the Proposed Amendment to Title 18 (Zoning) of the National City Municipal Code Regarding the Sale of Alcoholic Beverages Case File No. A-2003-1 Recommendations: 1. Distance from schools 18.71.030 Maintain the current 660-foot distance from a Kindergarten to 12th grade levels school for all establishments proposing to sell alcohol, for on -site or off -site consumption. A. Liquor stores, or other businesses where the principal use involves the sale of alcohol for off -site consumption, shall be located as follows: 1. A minimum of 660 feet from any school (Kindergarten through 12th grade) within the boundaries of the City; and 2. A minimum of 500 feet apart from another liquor store B. Bars and cocktail lounges, or other establishments where the sale of alcoholic beverages for on -site consumption is the principal use, including private clubs or lodges, nightclubs shall be located as follows: 1. A minimum of 660 feet from any school (Kindergarten through 12th grade) within the boundaries of the City; and 2. A minimum of 1,000 feet apart. C. Establishments such as restaurants, where the sale of alcoholic beverages is accessory or incidental to the principal use, including but not limited to bowling alleys, and theaters, shall be located as follows: 1. A minimum of 660 feet from any school (Kindergarten through 12th grade) within the boundaries of the City; and 2. A minimum of 500 feet apart. D. Grocery stores, convenience stores, or other establishments involving the sale of alcohol for off -site consumption as an accessory use, should be located as follows: 1. A minimum of 660 feet from any school (Kindergarten through 12th grade) within the boundaries of the City Recommendations continued: 2. Sunset Clause 18.71.020 Add a provision for the automatic expiration (sunset clause) of Conditional Use Permits for the sale of alcohol after three years, or any shorter period approved by the Council. Sunset clauses have been required in Conditional Use Permits approved by the City Council for 7 Dias Market and the Pat & Oscar's restaurant. This clause should also apply to the modification of this Conditional Use Permit, but will not apply to any existing Conditional Use Permit unless modification is sought. 3. Responsible Beverage Service Add provision for new and old alcohol licensees to be trained in Responsible Beverage Service (RBS), which requires that all employees obtain certification/training to serve alcoholic beverages at the establishment. 4. Language clarification to define " Family Restaurant" Ordinance revision should read "Family Restaurant" to be defined as, "an Eating Place that is required to make actual and substantial sales of meals, and prime source of sales to be food during the normal meal hours." A "Family Restaurant" should not include Fast Food establishments (State Alcohol Beverage Control, 2003). 4 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 21, 2003 AGENDA ITEM NO. ITEM TITLE CONTINUED PUBLIC HEARING —AMENDMENT TO TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE REGARDING THE SALE OF ALCOHOLIC BEVERAGES. (CITY INITIATED)TIIACASE FILE NO. A-2003-1 PREPARED BY Roger Post, 336-4310 DEPARTMENT Planning EXPLANATION EXT. On September 16, 2003 the City Council held a public hearing regarding proposed modifications to --n mzoning-:regulations. regarding the sale of alcoholic beverages:- After eonsideriug-public testimony the hearing was continued. to this date. On September 30, 2003 a special Council meeting/workshop session was held at Sweetwater -High -School. At that meeting `current code regulations and proposed - changes were explained to the public and additional comment was received,_ Community members also provided a document titled " Draft Policy Sheet" which is attached to this report. It contains a series of recommendations as well as a list of questions and concerns. While several of these items can be regulated through a conditional use permit, most are under the purview of the State ABC. The draft ordinance considered by Planning Commission is included for your review. In addition, Donna Edwards, President, Fred Demeo, Inc. has submitted another letter and requested that it be included in this report. L CI Environmental Review X N/A (-Financial Statement N/A MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the proposed amendments or provide direction for additional changes. BOARD / COMMISSION RECOMMENDATION The Planning Commission recommended the amendment not be adopted. Vote: Ayes: Pruitt, Saludares, Alvarado, Flores, Baca, Reynolds, Graham Nays: Carillo; Absent: Martinelli ATTACHMENTS ( Listed Below) Resolution No. 1. Report 4. Notice of Exemption 6. Draft Policy Sheet 2. Draft Ordinance 5. Letters from owner of Trophy 7. Summary of (existing) Land 3. Recommended Finding Lounge Use Regulations on the Sale A-200 (Rev nosh of Alcohol REPORT ON PROPOSED CHANGES TO REGULATIONS ON THE SALE OF ALCOHOL The following changes are incorporated in the draft ordinance. The numbers at the end of each title in the list correspond to those in the draft ordinance that is provided in a separate agenda item. 1. Distance from schools 18.71.030 The amendment would delete the requirement for 660-foot distance from a school for all establishments except liquor stores. It would also clarify that the distance restriction applies only to schools providing instruction at Kindergarten through 12th grade levels. One particular project held back by current Code requirements is the proposed rebuilding of Trophy Lounge as a restaurant. The CDC is encouraging this project. However, current distance restrictions do not allow the rebuilding, with or without food service, as it is less than 660 feet from the Higher Education Center and Education Village. Other restaurants located near schools may have interest in selling alcohol. Many locations along Highland Avenue are affected by nearby Central, Otis, and Olivewood Schools, and Sweetwater High School. 2. Sunset clause 18.71.020 Would add a provision for the automatic expiration (sunset clause) of Conditional Use Permits for the sale of alcohol after three years, or any shorter period approved by the Council. Sunset clauses have been required in Conditional Use Permits approved by the City Council for 7 Dias Market and Pat & Oscar's restaurant. The clause would also apply to any modification of an existing Conditional Use Permit, but will not apply to any existing Conditional Use Permit unless modification is sought. The owner of the Trophy Lounge has objected to this requirement, as stated in their attached letter. 3. Karaoke 18.71.100 Would clarify that karaoke constitutes a form of live entertainment requiring a conditional use permit. 4. Separation between establishments selling alcohol. 18.71.030 These requirements specify distances for separation of the same type of establishments from one another. The Amendment would maintain current standards and would clarify that there are no requirements separating the following types of establishments that may sell alcohol: ® Restaurants (from other restaurants) ® Grocery stores and convenience markets (from each other) 6 5. Restricted hours for restaurants selling alcoholic beverages 18.71.050 The draft ordinance would clarify that a Conditional Use Permit may specify the allowable hours for the sale of alcoholic beverages. Otherwise, it would be prohibited after midnight. This is a current Code restriction. The owner of Trophy Lounge expressed concern that they be permitted to sell alcoholic beverages after midnight at their proposed restaurant. This would need to be specified in the Conditional Use Permit. 6. Additional cleanup item The Amendment would delete an unused provision for exceptions to distance requirements for bars and cocktail lounges or nightclubs. The proposed Amendment maintains current requirements for a Conditional Use Permit for the sale of alcohol at any establishment, whether for consumption on -site or off -site. Additional changes were considered that would have added restrictions on outdoor advertising and a requirement for server training. The City Attorney has advised that these matters should be addressed by conditions of approval for Conditional Use Permits, rather than as Code regulations. ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING TITLE 18 (ZONING), CHAPTERS 18.16 AND 18.71, REGARDING THE SALE OF ALCOHOLIC BEVERAGES APPLICANT: CITY INITIATED CASE FILE NO.:A-2003-1 BE IT ORDAINED by the City Council that Title 18 of the National City Municipal Code is amended as follows: Section 1. That Chapter 18.16 is amended by repealing Sections 18.16.140, 18.16.145, and 18.16.150. Section 2. That Chapter 18.71 is amended to read as follows: CHAPTER 18.71 SALE OF ALCOHOLIC BEVERAGES AND LIVE ENTERTAINMENT Sections: 18.71.010 Conditional Use Permit —Required 18.71.020 Expiration and reapplication 18.71.030 Distance requirements 18.71.040 Measure of distance 18.71.050 Standards for the sale of alcohol at restaurants or public eating places 18.71.060 Live entertainment 18.71.010 Conditional Use Permit --Required. A. Conditional Use Permit is required for the sale of alcoholic beverages, whether for on -site or off -site consumption, and may be approved pursuant to Chapter 18.116 of this title and Sections 18.71.020, 18.71.030, 18.71.040, and 18.71.050. 18.71.020 Expiration and reapplication. A Conditional Use Permit for the sale of alcohol issued on and after (the effective date of this section), shall expire no later than three years after its approval or such shorter time as may be established by condition of approval. A new Conditional Use Permit will be required for continuation of a previous approval or for any modification of any pre-existing conditional use permit for the sale of alcoholic beverages. Each issuance or re - issuance will be subject to a maximum three-year term. 18.71.030 Distance requirements. A. Liquor stores, or other businesses where the principal use involves the sale of alcohol for off -site consumption, shall be located as follows: 1. A minimum of 660 feet from any public school (Kindergarten through 12th grade) within the boundaries of the City; and 2. A minimum of 500 feet apart. B. Bars and cocktail lounges or other establishments where the sale of alcoholic beverages for on -site consumption is the principal use, shall be located no less than 1,000 feet apart. C. Private clubs or lodges, bowling alleys, theaters and other establishments where the sale of alcoholic beverages is accessory or incidental to the principal use shall be located no closer than 500 feet apart. This limitation shall not apply to restaurants. D. No minimum distances from schools or other uses are required for the following: 1. Grocery stores, convenience stores or other establishments involving the sale of alcohol for off -site consumption as an accessory use; or, 2. Restaurants or public eating places. 18.71.040 Measure of distance. For the purposes of Section 18. 71.030: A. The distance between any two establishments that sell alcoholic beverages shall be measured in a straight line without regard to intervening structures from the closest exterior structural walls of said establishments. B. The distance between any establishment selling alcohol and a school (Kindergarten through 12th grade) shall be measured in a straight line, disregarding intervening structures, from the closest exterior structural walls of said establishment to the closest property line of the school. 18.71.050 Standards for the sale of alcohol at restaurants or public eating places. Restaurants or public eating places shall conform to the following standards: A. Alcoholic beverage sales shall be incidental to food service. B. There shall be no sale of alcoholic beverages after midnight unless otherwise specified by the Conditional Use Permit. The Conditional Use Permit may further restrict the times when alcoholic beverages may be sold. 18.71.060 Live Entertainment. A. A single entertainer performing musical work (piano bars, etc.) is permitted at a restaurant or public eating place, or other legal establishment, where there is no dancing, audience participation, karaoke, or other live entertainment. B. Additional entertainers, dancing, audience participation, karaoke, or other live entertainment may be authorized by a Conditional Use Permit in zones where live entertainment is permitted. C. Live entertainment specified in subsection B of this section may be permitted by a resolution of approval for a Conditional Use Permit for the sale of alcohol in zones where live entertainment is permitted. Section 3. That the proposed amendment is exempt from the California Environmental Quality Act (CEQA), on the basis that there is no possibility that the proposal will have a significant environmental effect, since the amendment is limited to changes that affect the sale of alcohol and entertainment within a permitted establishment. CEQA provides that economic and social changes resulting from a project shall not be treated as significant effects on the environment. The amendment addresses regulations that affect only social aspects associated with development that may occur. Section 4. That the proposed Code amendments are consistent with the General Plan, as the General Plan calls for review of National City's zoning and development ordinances to achieve implementation of General Plan programs and policies. Proposed changes would facilitate the use of the Code as well as the implementation of the General Plan. The distance requirement of 660 feet between liquor stores and schools will be maintained. Deletion of the 660-foot distance requirement between schools and uses involving the sale of alcohol for on -site consumption, including restaurants, as well as theaters, bowling alleys, and also bars and nightclubs, will allow for opportunities for new or expanded uses in the City that may be desirable for revitalizing certain areas, and private revitalization of older commercial areas is a high General Plan priority. The CUP requirement will maintain the potential to deny undesirable proposals or to apply needed conditions, consistent with General Plan policy to carefully review uses which may not be compatible with adjoining neighborhoods and business districts. In addition, maintaining requirements for separation of establishments that sell alcohol from each other, which do not apply to restaurants, will also indirectly limit the number of alcohol -serving uses that could locate near schools. PASSED and ADOPTED this day of 2003. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick lnzunza, Mayor io RECOMMENDED FINDING FOR APPROVAL That the proposed Code amendments are consistent with the General Plan, as the General Plan calls for review of National City's zoning and development ordinances to achieve implementation of General Plan programs and policies. Proposed changes would facilitate the use of the Code as well as the implementation of the General Plan. The distance requirement of 660 feet between liquor stores and schools will be maintained. Deletion of the 660-foot distance requirement between schools and uses involving the sale of alcohol for on -site consumption will allow for opportunities for new or expanded uses in the City that may be desirable for revitalizing certain areas, and private revitalization of older commercial areas is a high General Plan priority. The CUP requirement will maintain the potential to deny undesirable proposals or to apply needed conditions, consistent with General Plan policy to carefully review uses which may not be compatible with adjoining neighborhoods and business districts. In addition, maintaining requirements for separation of establishments that sell alcohol from each other, which do not apply to restaurants, will also indirectly limit the number of alcohol -serving uses that could locate near schools. 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: Case File No. A-2003-1 Project Location: Citywide Contact Person: Steve Ray Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Amendment to Title 18 (Zoning) of the Municipal Code regarding the sale of alcoholic beverages Applicant Name and Address: City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Telephone Number: (619) 336-4310 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) ❑ Categorical Exemption. Class _, Section (Definition) n Not a project as defined in Section 15378 of CEQA Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: There is no possibility that the proposal will have a significant environmental effect, since the amendment is limited to changes that affect the sale of alcohol and entertainment within a permitted establishment. CEQA provides that economic and social changes resulting from a project shall not be treated as significant effects on the environment. The amendment addresses regulations that affect only social aspects associated with development that may occur. Date: Steve Ray Principal Planner Recycled Paper 17- Sep 09 03 05: 08p Ro ter• Lee 858 483 5212 p.2 DATE: September 9, 2003 TO: Steven G. Ray Principal Planner City of National city Planning Department 1243 National City Boulevard National City, CA 91950-4301 FAX: (619)336-4321 Dear Steven, FROM: Donna Edwards Trophy Lounge 999 National City Boulevard National City, 91950 PH: (858) 945-0639 FAX: (858) 483-5212 Thank you very much for taking the time to talk with us regarding the upcoming proposed changes. l hope that this letter gives you a better perspective about this project. The business has been in existence for over 35 years as a bar/nightclub. We are currently operating the Trophy Lounge and have been operating the business since 1983. Currently hours of operation are noon till 2:00 am, 7 days a week... The Downtown National City Redevelopment is an exciting project and we are looking forward to being a part of the enhancement of our business district. We have expended large amounts of time and expense hiring legal counsel to work out the myriad of issues with CDC and the State of California Alcohol Beverage Control (ABC). The ABC has been consulted and they endorse the addition of food to our existing liquor -only license. To date, we have worked very closely with CDC, and the result is that we would be willing to change our operations to include food and broaden our clientele to include families, city employees, students, local businesses, and residents. The agreement that we have entered into with the City of National City provides for a replacement of the current building with a beautiful, architecturally designed new structure to be built at our expense which will comply with current building and fire codes and includes a full -service kitchen. We currently operate our business under an ABC "Type 48" which allows for the service of alcohol without any food service requirement to patrons 21 years of age and older_ This is considered to be the most desirable type of license as it has NO RESTRICTIONS. We have offered to exchange and down -grade our current, unrestricted Type 48 license, to a restricted Type 47 which requires that food be served. hi summary, we have made considerable concessions and will be expanding our business by adding the service of food and including minors and families to our existing clientele. We are very concerned about the proposed changes/amendments to Title 18 (zoning) of the National City Municipal Code regarding the sale of alcoholic beverages. Sunset clause 18.71.020 — Our current agreement with the City of National City calls for certain targets to be met within 10 years and the three year sunset clause would place limits on our ability to be able to meet the City's expectations of us. On another note, any new business wishing to be successful or having investors and/or lenders to answer to will find these restrictions extremely limiting and potentially detrimental to future growth. Restriction of sale of alcoholic beverages 18.17.050 B — Our current agreement with the City of National City calls for certain targets to be met within 10 years and the Conditional Use Permit would again place limits on our ability to be able to meet the City's expectations of us. We are in the process of applying with various lenders and they may find the additional restrictions prohibitive to our ability to service the loan. This may jeopardize our ability to get funding for our project. Until we have all of the required permits in place, we will continue to open for business. If there are going IT Sep 09 03 05:08p Roger Lee 858 483 5212 p.3 to be additional restrictions then we would be less inclined to consider changes in usage of our building or our operations At this time, we are seeking assurances that certain individuals will not continue to hamper a project that promises to enhance the Downtown Business District and the community. It would be a shame if this project is not allowed to happen because of City Council's attempts to allay unfounded fears from these individuals about our business that have already been addressed through numerous community -input meetings and public hearings. Many of the issues that came up have already been addressed and have been considered when the agreement with CDC was drafted. We CDC worked very diligently with us to make sure that community concerns were considered when we finalized our agreement. This agreement includes "triggering clauses" in place which would insure that our business as proposed will not change at a later date. These "unfounded fears" have already been addressed and the "overkill" restrictions are putting this project in jeopardy.. We have owned this business for 20 years and the proposed improvements to the building and the downgrading of the current ABC Type 48 license which would add extensive food service to our operations should be looked upon as an enhancement to the community and business district. Our project should be considered to be "grandfathered" as a result of the following facts: ® The ownership has not/will not change ® The current liquor license is being exchanged and down -graded to accommodate the CDC • The current building plans evolved into a "ground up" construction project to comply with CDC's desire for a more architecturally pleasing structure. The nature of the small business is to "be successful". The implementation of restrictions or limits to businesses to become successful removes the motivation. We believe that our Mayor's vision of a vital, urbanized downtown can be achieved with foresight and good planning which will, in the end&wefit everybody. Very truly, bonna�Edwards Pacific Beach Bar & Grill 858 483 5212 p.3 Mayor Nick Inzunza City of National City 1243 National City Blvd National City CA 91950 September 25, 2003 VIA FACSIMILE AND U.S. MAIL Re: Redevelopment Plans between Fred Demeo, Inc. and City of National Community Development Commission (Currently Trophy Lounge) Dear Mayor Inzunza: This letter is written as a follow-up to your recent conversations with Marcia Nordstrom and Mike Lee regarding the redevelopment of that certain business which is currently known as the Trophy Lounge, located on National City Blvd, California. As you are aware, since November of last year, we have worked very diligently to attempt to deal with patron problems which were originally brought up by various members of the National City community and others including Janice Martinelli. As part of that process, we have worked with these individuals, the National City Police Department, and the Community Development Commission of National City to arrive at an amicable and long term solution. As part of that process we have kept in mind that the Brick Row Area is zoned for mixed use. The Brick Row Residences are located in close proximity to National City Blvd. and are subjected both day and night to traffic noise, industrial light, sounds related to commercial activities and pedestrians. Several hotel operations are also in close proximity to this area. The solution that all of the parties , including Janice Martinelli ,believed presented the best possibility for success and for an enhancement in the neighborhood was to have the Trophy Lounge totally redeveloped into a new and exciting restaurant. We anticipated, that this restaurant would have a number of similarities with the Pacific Beach Bar & Grill and would serve various food items as well as alcoholic beverages. It was believed by the parties, that by redeveloping this site, that there would be primary changes in the type of clientele that currently frequent the Trophy Lounge. Additionally the new restaurant would include sight and sound proofing barriers which direct these elements to the west which we believe is consistent with the balance that needs to be maintained between the commercial aspects of s- Pacific Beach Bar & Grill 858 483 5212 P.4 Mayor Nick Inzunza September 25, 2003 Page 2 of 5 the area and the nearby residential features. In order to bring about this transformation a number of issues need to be addressed. As you have been made aware, the Trophy Lounge, holds a Title 48 alcoholic beverage license which for the most part allows for it to sell liquor to individuals 21 years of age and over without any food restrictions. As part of the process of becoming a restaurant, the property owner was willing to apply for a Title 47 license which provides for food service and other types of restrictions related to the same. Thus, the use of the premises would be changed from a primarily drinking facility to one involving a restaurant with related alcohol beverage service. It was also anticipated that there would be dancing and other music available at the premises in the evening hours, however, this would not be the primary emphasis of the facility as is currently the case with the Trophy Lounge. The above concepts were supported by local community members as well as the City Council. After coming up with this initial concept, significant time and effort was spent by representatives of the Community Development Commission of the City of National City as well as representatives on behalf of Fred Demeo, Inc., to come up with a Disposition and Development Agreement ("DDA"). In fact, that agreement which totals some 74 pages in length has already been executed by officers of Fred Demeo, Inc., and we were waiting for execution of the same by representatives from the City of National City. Under the DDA, the parties have agreed on a comprehensive concept which allows for a complete rebuilding of the Trophy Lounge property into a new and exciting restaurant feature. Additionally, other enhancements are made to the adjacent parking lot, as well as a redevelopment of the premises that is currently known as the Steam Bean. Lastly, additional adjacent residential property is made available to the Community Development Commission for the purposes of eventually developing the same into more residential units. While the DDA was being negotiated, considerable time and effort was spent by Fred Demeo, Inc., to develop architectural conceptional drawings as well as those items necessary to prosecute a CUP application with the City of National City. Many of these items have been submitted to the Community Development Commission for review and comment. All of the above, however, has now come to a grinding halt as a result of the pending amendment to Title 18 (zoning) of the National City Municipal Code regarding the sale of alcoholic beverages. It is our understanding, that Title 18 of the National City Municipal Code as currently written, prevents the issuance of alcoholic beverage license operating permits to premises which are located within 660 feet from a higher education center or lb Pacific Beach Bar & Grill 858 483 5212 p.5 Mayor Nick Inzunza September 25, 2003 Page 3 of 5 education village. Because the property across the street from what is now Trophy Lounge is being developed as an education village, technically, the change of the license from a Title 48 license to Title 4'7 license as contemplated by the CUP may technically conflict with the current Title 18law.. While we understand that the amendments being proposed affect all areas of National City, there are certain portions of the proposed amendment which adds new restrictions which are different and separate from those which we had contemplated in the DDA. For example, Title 18.71.020 is being suggested to being amended to provide for an automatic three year sunset clause on conditional use permits. This would conflict with the terms and conditions of the proposed DDA inasmuch as it was anticipated that the new restaurant to be built as part of the DDA would be able to operate into the future, so long as it complied with all other rules and regulations relating to its operation and the sale of alcoholic beverages. Another paragraph, the proposed amendment to Title 18.17.050 provides there will be no sales of alcoholic beverages after midnight unless otherwise specified by the Conditional Use Permit ("CUP"). A limitation that might be placed on the new restaurant that would require it not serve alcohol after twelve midnight, would be contrary to the understanding of the parties as was negotiated as part of the DDA. There, it was contemplated that the facility would remain open until 2:00 a.m. with alcohol service being curtailed between 1:00 a.m and 1:30 a.m. As part of the process of negotiating the DDA, substantial financial information was provided to the Planning Commission. Part of this information concluded that the total cost of the project, including the value of the land and other items, could require an investment of up to and including 3 million dollars by the current land owner to bring about this new and exciting feature for National City. Current regulations, new setback requirements and other new parking requirements, would thwart the ability to rebuild the restaurant within the same foot print that currently exist on the property at this time. We understood, that the DDA and the CUP that would come out of the DDA after further hearing before the City Council, would allow for various variances to take place to allow this feature to be built in a manner that conforms with its concur ent configuration as it relates to the streets and sidewalks and that in essence, it would be "grandfathered" in with respect to its current parking capabilities. The exception would be, the addition of two handicap spaces on the adjacent parking lot. Pacific Beach Bar & Grill 858 483 5212 P-6 Mayor Nick Inzunza September 25, 2003 Page 4 of 5 Based upon this background, this letter is written for the purposes of bringing you up to speed on potential areas that concern Fred Demeo, Inc. and how those concerns are affecting the progress of this redevelopment. Had we been able to proceed in the ordinary course, we had anticipated literally breaking ground during the next month with a new grand opening in the summer of 2004. Currently, because of the snags created by the changes being proposed for Title 18, and the continued hearing on the same next month, it appears that we may be delayed to break ground for another several months. This is not only detrimental to the City of National City, and its local residents but also, to our business. Keep in mind, that if the new restaurant project is not approved because of Title 18 problems or other considerations, we would be forced to remain as a bar under the Title 48 license to. protect our rights to continue to operate as a potentially non -conforming use. Secondly, this letter is intended to identify those areas in the proposed law that are of concern to us. We would suggest, that if possible, any steps that could be taken by the City Council and your offices to allow for this project to be exempted from any new law relating to conditions placed upon the operation of restaurants and other facilities selling alcohol as proposed by the new Title 18 amendment, be taken at this time. Ifpossible, this would allow for us to continue with the DDA and the CUP which was contemplated by the parties without much further involvement in the Title 18 amendment process. Furthermore, the liquor license from a Title 48 to a Title 47 Iicense could be recognized by the City Council as an exchange of licenses and not the issuance of a new license. Therefore, the currently existing Title 18 restriction may not apply. On a more stop gap basis, a provision could be inserted in the current Title 18 provisions to limit its effect to schools with grades k through 12_ This would also eliminate any potential conflict between the currently existing Title 18 rules and regulations and the proposed redevelopment under the DDA. Thirdly, any restrictions that would be placed on the operation of the premises by way of a three year sunset clause would be wholly unacceptable. In this regard, your offices as weII as the City Council should take into consideration that most commercial lenders would not lend on a project of this size if there was a possibility that after three years of the approval of the CUP that the alcohol sales portion of the operation could be terminated by the City of National City. This would especially be true where the termination would not be related to the property losing its license because of otherwise violating rules and regulations related to the sale of alcoholic beverages. We would urge you and to City Council, to also consider the current operation of the facility to be grand -fathered in and not subject to a three year sunset clause. Furthermore, your offices and the City Council may wish to it Pacific Beach Bar & Grill 858 483 5212 p.7 Mayor Nick Inzunza September 25, 2003 Page 5 of 5 reconsider this potential provision in light of other individuals and businesses which may wish to relocate or start up operations in the National City area. Because of the way that the current amendment is drafted, little flexibility is allowed to the City Council to consider longer sunset provisions. We would suggest, like the provision related to sales of alcohol after midnight, that you draft flexibility into the amendment which would allow the City Council to consider the length of an appropriate sunset clause for each type of restaurant or other facility that is being proposed. As in the case of the current proposed DDA and possibly others similarly situated, no sunset clause would appear to be appropriate. Should you have any questions regarding the contents of this letter or wish further information regarding the DDA or other proposals related to the same please contact me at 818-945-0639. Anything you and the City Council could do to get the redevelopment ball rolling again would be appreciated. Very truly yours, AZi4et^ nna Edwards President, Fred Demeo, Inc. WAEDWARDSAdanev\2IO.mapnr fate wpd Pacific Beach Bar & Grill 858 483 5212 10/09/2003 15:27 47 HIGHER ED CENT. P.2 PAGE 01/01 SORRY FOR THE DELAY....G©T TIED UP. ANDRE 18.71.01 D. Prohibitions. Establishments that sell beverages for consumption on the premises other than a bona fide public eating place as defined in Section 18.04.091, shall be located no closer than one thousand feet apart and no closer than six hundred sixty feet from any public school within the boundaries of the city. (Ord. 1760 § 2 (part), 1981) 18.69.020 Definitions. R. "School" is an institution of !earning for minors. whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of learning under the jurisdiction of the State Department of Education, but it does not include a vocation or professional institution or an institution of higher education, including a community college. • Draft Policy Sheet September 25, 2003 7 .0 /Sy COY«(J V/ Ty /Ut zi3�/ZS. Recommendation: To clarify proposed amendment to Title 18 (zoning) of National City Municipal Code Regarding the Sale of Alcoholic Beverages, (660 ft. distance requirement to sell alcoholic beverages from school site). • To hold the current 660 ft. distance requirement for establishments selling alcoholic beverages from k-12 school sites. • To clarify languge in ordinance when referring to schools (k-12 v/s adult schools). • To clarify language in ordinance when referring to Family Restaurant. • To amend proposed draft ordinance to include 660 ft. distance requirement for Bars, Cocktail Lounges, Adult clubs, bowling alleys, theathers or other establishments where alcoholic beverages for on -site consumption is the principal use, including private clubs or lodges. • To add food service in conjunction with alcoholic beverage sales at any establishment near all schools. • To add to a clause, which would indicate only persons over 21 years of age will serve alcoholic beverages. • To add Responsible Beverage Service (RBS), which requires that employees obtain certification/training to serve alcoholic beverages at the establishment. Onestions/Concerns: What do you think about these issues or do you know about the business practices of establishments? 1) How many alcoholic beverages can be sold at one time? 2) Are food service and sales going to be required in conjunction with alcohol sales? 3) What types of beer and wines will be sold? 4) Which employees will be allowed to sell alcohol? 5) What will be the ramifications if/when employees serve alcohol to minors? 6) What will/can the employee and/or owner do when alcohol is shared by an adult customer with minor? 7) Will dancing be allowed at family restaurants? 8) Will restrict restaurants in becoming a Black Angus or El Toritos in Chula Vista? a! SUMMARY OF LAND USE CODE REGULATIONS ON THE SALE OF ALCOHOL Any business proposing to sell alcohol, for on -site or off -site consumption, must first obtain a Conditional Use Permit. Previously established, lawful, nonconforming establishments selling alcohol are typically not affected by this requirement. A change of location would cause the need for a Conditional Use Permit, however. Restrictions differ somewhat for various types of establishments. These are listed below. Markets, convenience stores etc. that sell alcohol ® No separation requirements, just a Conditional Use Permit needed. Liquor stores • Must be at least 660 feet from a school ® Must be at least 500 feet from another liquor store Restaurants that serve alcohol • Must be at least 660 feet from a school • No separation requirement from other restaurants selling alcohol • Restrictions on entertainment and the hours of sale of alcohol (may be separately reviewed as part of a CUP for live entertainment) Bars, cocktail lounges, nightclubs ® Must be at least 660 feet from a school • Must be at least 1000 feet apart • The bar/cocktail lounge distance requirements may be waived by a Conditional Use Permit Other establishments selling alcohol as an incidental use for on -site consumption; i.e., private club, theater, bowling alley, etc. ® Must be at least 660 feet from a school ® Must be at least 500 feet apart Z 2- The following memo to the Council was submitted by Mayor Nick Inzunza regarding the sale of alcoholic beverages. November 13, 2003 TO: CITY COUNCIL RE: SALE OF ALCOHOLIC BEVERAGES I would like to propose the following changes to the City's alcohol regulations, to take the place of what has been considered up until now: - It is important that restaurants that serve alcohol not be located closer than 660 feet from a school. We should clarify that this refers to public schools, K through 12. - National City is currently in the process of preparing specific plans for several areas of our City. This innovative planning tool allows us to focus on the needs of particular areas and develop zoning regulations tailored to address those needs. We should allow ourselves the flexibility to modify particular existing alcohol regulations within these specific plan areas. One way in which youth gain access to alcohol is through house parties thrown by their friends when parents are away. The City of Oceanside recently adopted a tough new ordinance which holds parents liable for such parties. National City should adopt a similar ordinance. We need to find ways to further involve the community when an alcohol license is proposed. One way to do this is to require an applicant for a license to organize a community meeting prior to their request going to public hearing. In that way residents could be made aware of the proposal and have an opportunity to provide input early on in the process. NICK Z�� MAYOR City of National City, California COUNCIL AGENDA STATEMENT reETING DATE November 18, 2003 AGENDA ITEM NO. ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING STAFF TO INVOKE SECTION 17, "EXTENSION", OF THE CITY'S AMBULANCE SERVICES AGREEMENT WITH AMERICAN MEDICAL RESPONSE PREPARED 3Y ,,nn Walter Amedee,W EXPLANATION Management Analyst II DEPARTMENT Fire The City's Ambulance Services Agreement with American Medical Response (AMR) will expire on November 30, 2003. AMR, at no cost to the City, has been providing basic and advanced life support ambulance transportation services to the City since October 1, 1987. As a contingency measure and to ensure that ambulance services to the City are not interrupted, Staff is requesting permission to invoke Section 17 entitled "Extension" of the agreement. This section allows the City to unilaterally extend the agreement twice for one (1) year periods if needed. Each one (1) year extension requires the mutual consent of both parties to extend the Contract Term. Attached are copies of correspondence to and from AMR seeking and receiving concurrent agreement approving the enactment of the first one (1) year extension. With the approval of this Resolution, a written notice will be sent to AMR on or before November 30, 2003 enacting the first one (1) year extension. Environmental Review X NIA Financial Statement No financial impact; the Ambulance Services Agreement is a fee for service with no City revenue subsidy. Account No. STAFF RECOMMENDATION Authorize Staff to implement Section 17 of the AMR Ambulance Services Agreement to ensure the continued delivery of ambulance services to the City. L. i AFli 1 COM N/A 1.soIuauthorizing the Lis ire Chief to invoke Section 17, "Extension". Res I forv1Khonaety 2. Current Ambulance Services Agreement, Section 17, "Extension" (page 37). 3. Letter dated 09/17/03 to AMR seeking extension of the current Ambulances Services Agreement. k, 4. Letter dated 09/18/03 from AMR concurrently agreeing to extension. A -too (t'EO RESOLUTION NO. 2003 —157 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN EXTENSION OF THE CITY'S AMBULANCE SERVICES AGREEMENT WITH AMERICAN MEDICAL RESPONSE FOR BASIC AND ADVANCED LIFE SUPPORT SERVICES WHEREAS, on October 1, 1987, the City and Hartson Medical Services ("Hartson") entered into an agreement entitled "Agreement between the City of National City and Hartson Medical Services for Basic and Advanced Life Support Services". Said Agreement has been assigned to Med-Tans, dba American Medical Response ("AMR"); and WHEREAS, the term of said Agreement was subsequently extended on May 21, 1996, March 21, 2000 and November 14, 2000, with the current term of said Agreement to expire on November 30, 2003; and WHEREAS, the City and AMR now wish to extend the Agreement for an additional one-year period, pursuant to Section 17 of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a written notice extending the Agreement between the City of National City and AMR for Basic and Advanced Life Support Services, up to and including November 30, 2004. Passed and adopted this 18`h day of November, 2003. Nick lnzunza, Mayor ATTEST: Michael DaIla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney a reduction in net revenues from those received under the rate structure described in paragraph "A" above, AMR shall be allowed to increase rates sufficient to fully recover the net revenue lost within the City of National City by the changes in Medicare Reimbursement rates or methodology. Such rate increases will take affect thirty (30) days after such notification to CITY and shall be based upon the impact from the prior fiscal years actual collections. In the event the increases required to offset the loss of revenue from the Medicare Reimbursement changes are greater than the statewide mean rates outlined above, the rates AMR implements to offset the financial impact of the Medicare adjustments shall supercede the statewide ambulance system rates above until such time as the statewide mean rates are equal to or greater than the Medicare adjusted rates. III. Section 17, Page 37 shall be deleted in its entirety. In lieu thereof, the following shall be inserted. Section 17 - EXTENSION Upon the execution of this amendment the term of this agreement shall be extended for a period of three additional years beyond the current expiration date of November 30, 2000,.provided that either party may, at any time during the extended term, cancel this extension by (A) giving one - hundred eighty (180) days prior written notice of such cancellation subject to the conditions found in Section A.1 below: Or, (B) with mutual consent of both parties two additional extension periods of one year each shall be implemented. Section II — Additional Responsibilities - In addition, AMR agrees to the following: 1. Subject to the provisions of sub -paragraph "2" below, AMR shall provide CITY with a loan over the term of this agreement to meet CITY's costs of establishing and providing ALS First Responder Capability. AMR shall, upon request of CITY, provide CITY with a maximum of three annual loan installments based on CITY'S actual costs of establishing and providing an ALS First Responder Capability. The First such installment shall not exceed the amount of $17,420. The second annual installment shall not exceed the amount of $20,290, and the third annual installment shall not exceed the amount of $23,360. Such installments shall be made upon request of CITY at their sole discretion. However, AMR shall not be obliged to provide loan funding if such request follows, or comes within ninety (90) days of receiving a Notice of Termination of this agreement from CITY. City of National City Fire Department 333 E. 16th St., National City, CA 91950-4507 Phone: (619) 336-4550 Fax: (619) 336-4562 September 17, 2003 Mike Murphy, Vice President of Operations American Medical Response 8808 Balboa Avenue, Suite 150 San Diego, CA 92123 Dear Mr. Murphy, The purpose of this letter is to inform you of the City of National City's intent to exercise Section 17 of our current agreement. The City of National City with the mutual agreement of American Medical Response is seeking the extensionof the current Ambulances Services Contract for an additional one (1) year period beginning December 1, 2003. In accordance with Section17 of the Contract, both parties are to mutually agree upon an extension. To ensure uninterrupted ambulance services to the City, I feel compelled to implement this extension. Please respond by September 29, 2003 so I may take the necessary actions to insure continued Paramedic and Ambulance Services to National City. If you have any questions please contact me directly at (619) 336-4552. Sincerely, LaQ Donald Condon, Acting Fire Chief Copy: NCFD file Recycled Paper AMERICA'N MEDICAL RESPON.SEo;; September 18, 2003 Donald Condon, Acting Fire Chief National City Fire Department 333 E. 16th Street National City, CA. 919S0-4507 Dear Chief Condon: I am in receipt of your letter dated September 17, 2003 and, pursuant to Section 17 of the contract by and between the City of National City and American Medical Response (AMR), we concurrently agree to exercise the option to extend this contract for one (1) year period beginning December 1, 2003. AMR is looking forward to the continuation of this partnership. Please do not hesitate to contact me directly if there are any questions, concerns or if AMR can be of any assistance to you and your department. Sincefely, Mhael M rphy D rector of Operz[tions AMR -San Diego 3 City of National City, California COUNCIL AGENDA STATEMENT FETING DATE November 18, 2003 AGENDA ITEM NO. 3 / ITEM TITLkESOLUTION APPROVING AGREEMENT WITH MUNICIPAL AUDITING SERVICES TO PROVIDE OUTSIDE AUDIT SERVICES OF BUSINESS LICENSE REVENUES PREPARED BY Marylou Matienzo EXPLANATION SEE ATTACHED DEPARTMENT Finance Ext. 4331 r Environmental Review N/A Financial Statement Approved By: ance Director Municipal Auditing Services will be paid 50% of the revenues collected only. If outside legal counsel or City Att" ey's services are required to litigate, contractor's compensation will be 40% of revenues collected. Account No. STAFF RECO ENDATION Staff recommends the outside services of Municipal Auditing Services to assist the City in conducting revenue enhancement as it relates to business tax discovery, deficiency auditing, and collection of unpaid business tax revenue. BOARD € COMMISSION RECOMMENDATION ATTACHMENTS 1 Listed Below ) Proposed Resolution Agreement Resolution N 2003-158 A-200 (9/99) EXPLANATION: An outside field audit of business license revenues is being proposed by Municipal Auditing Services to assist the City in the area of revenue enhancement. This firm can accomplish the benefits to the City of revenue enhancement through the following methods: • Accurate recognition of revenue • Accurate classification of revenue • Identification of business to business transactions • Increase collections • Increased taxpayer education • Validation of City electronic leads In order to accomplish the above results, Municipal Auditing Services conducts a field review of the taxpayer's financial records, identifies non -registered taxpayers and identify/collect taxes and penalties due so that there is no additional work required by the City Attorney or Outside collection agencies. This type of outside field audit has never been done in National City due to staffing shortage. The company's "in the field review" accurately account for the taxpayer's reported taxable amounts and proper classification according to the business license ordinance. Two of the local government clients that are utilizing the company's service are the City of Hawthorne and the City of Fresno. During the last 3 years, Municipal Auditing Services added 2.1 million in business tax revenues to the City of Hawthorne's 5,000 registered businesses which resulted in a renewal of their contract for another 7 years. The City of Fresno has been using their service for 9 months and brought in $1.2 million in business license fees which include penalties and interest. For the City of National City, Municipal Auditing Services estimates that they can double our tax base to 7,000 and bring in $1.4 million dollars for the next 3 years. They base this estimate on the assumption that each business will generate at least one lead from its existing business -to -business file that Municipal Auditing Services can audit. RESOLUTION NO. 2003 — 158 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MUNICIPAL AUDITING SERVICES, LLC TO PROVIDE OUTSIDE AUDIT SERVICES OF BUSINESS LICENSE REVENUES WHEREAS, the City desires to employ a consultant to conduct a revenue enhancement program as it relates to business tax discovery and deficiency auditing, and collection of unpaid business tax revenue; and WHEREAS, the City has determined that Municipal Auditing Services, LLC is a qualified municipal revenue enhancement service firm and is qualified by experience and ability to perform the services desired by the City, and Municipal Auditing Services is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City an Agreement with Municipal Auditing Services, LLC to conduct a revenue enhancement program as it relates to business tax discovery and deficiency auditing, and collection of unpaid business tax revenue. Said Agreement is on file in the office of the City Clerk. Passed and adopted this 18th day of November, 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. iser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND Municipal Auditing Services LLC THIS AGREEMENT is entered into between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Municipal Auditing Services LLC (the "CONTRACTOR"). It is dated for reference as of November 1, 2003. RECITALS WHEREAS, the CITY desires to employ CONTRACTOR to conduct a revenue enhancement program as it relates to business tax discovery and deficiency auditing, and collection of unpaid business tax revenue. WHEREAS, the CITY has determined that the CONTRACTOR is a qualified municipal revenue enhancement service firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at any and all meetings in response to staff requests in order to keep staff and City Council advised of the progress on the project. The CITY shall compensate CONTRACTOR in accordance with Exhibit A and paragraph 4. Revised August 2003 3. PROJECT COORDINATION AND SUPERVISION. The Finance Director is hereby designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Kevin L. Weigant thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. A.Subject to subsection B, compensation for the CONTRACTOR shall be based on 50% of the revenue collected by or for the account of the City, based on application fees, tax, penalties, and interest for the prior and current delinquent periods, as established by Chapter 6.04 of the National City Municipal Code. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. Unless collected, compensation is not due. CONTRACTOR is responsible for CONTRACTOR'S costs of travel, and telephone and miscellaneous administrative expenses borne or paid by CONTRACTOR, in meeting with City staff or the City council, and in prosecuting small claims actions. B. Contractor's compensation shall be forty percent (40%) of the revenue collected from an individual account where the City is required to retain outside legal counsel or employ the services of the City Attorney in order to litigate the liability of that particular account. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit A. This agreement shall remain in effect for four (4) years, unless sooner terminated by either party pursuant to paragraph 19, and will be automatically extended at the option of the City for two successive periods of two (2) years each. 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. 2 Revised August 2003 Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's 3 Revised August 2003 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 pursuant to this Agreement. 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, including a National City business license. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings 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 4 Revised August 2003 specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, and hold harmless the City of National City, its officers and 5 Revised August 2003 employees, 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, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: n A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $ 1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's employees. 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. 6 Revised August 2003 H. Any aggregate insurance limits must apply solely to this Agree- !. 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. ment. 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 judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the 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. 7 Revised August 2003 19. TERMINATION. A. This Agreement may be terminated with or without cause by either party. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Park Morse Acting City Manager City of National City 1243 National City Boulevard 8 Revised August 2003 To the CONTRACTOR: National City, CA 91950-4301 Kevin L. Weigant Chief Operating Officer Municipal Auditing Services LLC PO Box 3465 Pinedale CA 93650-3465 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. 9 Revised August 2003 B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. 10 Revised August 2003 CITY OF NATIONAL CITY MUNICIPAL AUDITING SERVICES LLC (Two signatures required for a corporation) By: By: Nick Inzunza, Mayor Kevin L. Weigant Chief Operating Officer APPROVED AS TO FORM: George H. Eiser, III City Attorney 11 By: Ryan Kilby Chief Compliance Officer Member Revised August 2003 Exhibit A SCOPE OF WORK: Contractor shall, with City approval, undertake a review of the Business Tax Ordinance and Business Tax Payment records for the purpose of Business Tax Discovery and Deficiency Auditing. Contractor shall use a random selection process for taxpayer review with the intention to review all registered taxpayers. City shall exercise either random selection or "for cause" selection methods. Contractor shall contact the individual Business Taxpayers with regard to reviewing commonly kept accounting records (Federal and State Income Tax returns, Payroll Tax returns, 1099 and vendors lists, General Ledgers, and Bank Statements). Consultant will use the information contained within these records to determine taxpayer Deficiency (if any) and to identify (Discovery) unlicensed taxpayers, which may have exposure to the Municipal Ordinance Contractor will contact Discovery suspects in order to determine exact exposure (if any) to the Municipal Ordinance. Contractor will obtain all applications, tax, penalty, interest, fees, and associated paperwork for all Deficiency and Discovery cases, which have exposure to the Municipal Ordinance. Contractor will be responsible for filing and handling Small Claims Court filings in the appropriate jurisdiction when necessary for collection, upon the concurrence of the Finance Director. Contractor will submit, for City approval, all taxpayer template -contact letters, authorization letters, regular detailed invoices, and other documents the City requires. Contractor will require regular data updates from the City. . Accounts being audited will be allowed at least ten (10) business days to provide records, unless mutually agreed otherwise. Consultant will provide other revenue consulting and recovery services, as required by the City, within the scope of this contract. 12 Revised August 2003 cETING DATE City of National City, California COUNCIL AGENDA STATEMENT November 18, 2003 4 AGENDA ITEM NO. ITEM TITLE A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PBS&J TO PROVIDE ON -GOING SEWER BILLING/TAX ADMINISTRATION AND ANY "AS NEEDED" FINANCIAL SERVICES FOR SEWER RATE ANALYSIS FOR FISCAL YEAR 2004-2005 PREPARED BY Joe Smith 336-4580 EXPLANATION DEPARTMENT Public Works/Engineering On June 17, 2003, Council approved a resolution authorizing PBS&J to create a database that was used in transferring the collection of wastewater billing to the County of San Diego Tax Rolls. The City will need continued assistance with annual administration of our sewer service billing. This will include the updating of any change that may have occurred to the customer database and the associated charges of these changes. This will also include a mid -year database review and tracking reports of our records with water billing records provided by Sweetwater Authority. PBS&J will then create a sewer billing data tape and provide it to the County Assessor's office. This Agreement will also provide any additional "as needed" financial services for sewer rate analysis that may not be included in the above -mentioned tasks which would include updating budget information, assessing water use data and council or public workshops. This "as needed" Agreement will supercede the previous "as -needed" Agreement with PBS&J, Resolution No. 2002-159. - Environmental Review N/A Financial Statement Approved By: The contract is for $30,322 for sewer tax roll administration and $10,000 finance Director for "as needed" contract for a total of $40,322. Funds are budgeted for this work in Account No. 125-422-222-299. Account No. STAFF RECOMMENDATION Adopt the resolution authorizing the Mayor to enter into theagreement. BOARD / COMMISSION RECOMMENDATIONV N/A 7-- ATTACHMENTS ( Listed Below ) 1. Resolution 2. Agreement Resolution No. 2003-159 A-200 i9 99) RESOLUTION NO. 2003 —159 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PBS&J TO PROVIDE ON -GOING SEWER BILLING/TAX ADMINISTRATION AND ANY "AS NEEDED" FINANCIAL SERVICES FOR SEWER RATE ANALYSIS FOR FISCAL YEAR 2004-2005 WHEREAS, the City desires to employ a contractor to provide on -going sewer billing/tax administration and any "as needed" financial services for sewer rate analysis for Fiscal Year 2004-2005; and WHEREAS, the City has determined that PBS&J is a professional consulting firm and is qualified by experience and ability to perform the services desired by the City, and PBS&J is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City an Agreement with PBS&J to provide on -going sewer billing/tax administration and any "as needed" financial services for sewer rate analysis for Fiscal Year 2004-2005. Said Agreement is on file in the office of the City Clerk. Passed and adopted this 18th day of November, 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney An employee -owned company October 14, 2003 Steve Kirkpatrick Acting Director of Public Works / Engineering City of National City 1243 National City Blvd. National City, CA 91950-4301 SUBJECT: PROPOSAL TO PROVIDE FINANCIAL SERVICES FOR THE CITY OF NATIONAL CITY Dear Mr. Kirkpatrick: In response to your request, PBS&J is pleased to submit this proposal to the City of National City (City) for financial services starting Fiscal Year 2004-2005 (FY05). PBS&J is currently providing financial services to the City for Fiscal Year 2003-2004. It is our understanding that the City desires continued assistance with the annual administration of their sewer service billing that has recently been converted to billing on the property tax bills. This includes a yearly update of the customer database and the associated changes to the sewer charges each year. In addition, the City may request as -needed financial services for sewer rate analysis and annual revenue administration. I. SCOPE OF SERVICES Our proposed Scope of Services is outlined in Attachment "A." II. FEES AND CONDITIONS Fees and conditions are outlined in Attachment "B." 175 Calle Magdalena ® Encinitas, California 92024 ® Telephone: 760.753.1120 ® Fax: 760.753.0730 ® www.pbsj.com Mr. Kirkpatrick October 14, 2003 Page 2 of 2 We appreciate the opportunity of offering this proposal, and we look forward to working with you on this project. If you have any questions, please call our project manager, Karyn Keese at (760) 753-1120 x427. Respectfully submitted, PBS&J Karyn Keese Financial Services Manager, PBS&J KK:jle c: Sara Maples, PBS&J File I:\admin\182\Contracts\JE SEP2003 NC Financial Proposal.doc An employee -owned company ATTACHMENT A SCOPE OF SERVICES SEWER BILLING / TAX ROLL ADMINISTRATION AND AS -NEEDED FINANCIAL SERVICES In response to your request, PBS&J is pleased to submit this proposal to you for financial services for the City of National City. I. SCOPE OF SERVICES Based on our current understanding of the Project, PBS&J will provide the following services: A. Sewer Billing / Tax Roll Administration Task 1 Mid year Database Record Additions and Deletions At mid -year (starting in January), review changes in business license, ownership, and building permits as provided by the City and water billing records from Sweetwater Authority and make the necessary changes to the billing database. It is assumed that data will be provided in digital format for ease of corrections. This task includes field verification, data review, database update and QA/QC. Task 2 Mid -year tracking and reporting Coordinate with the City's Project Manager to report on the status of the database and any changes made. This includes ongoing coordination with the City during the year. Task 3 Yearly Database Update and Field Verification: Obtain the County of San Diego's property appraiser database and Sweetwater Authority's water billing records. Review service address to property site address in order to match the City's sewer billing account numbers to property assessor parcel numbers (APNs). Assist the City in performing field verifications (up to 20 hours) to reconcile the accounts and 175 Calle Magdalena @ Encinitas, California 92024 ® Telephone: 760.753.1120 c. Fax: 760.753.0730 ® www.pbsj.com Attachment A National City Sewer Billing Page 2 of 3 APNs that do not match. A sewer service billing database and a data tape will be prepared for the City to submit to the County Assessor's office. B. As -Needed Financial / Accounting Tasks: This task provides for as -needed billing database or financial services that are not included in the above -mentioned Tasks. This would be on a task order basis and may include: the assessment of water use data, updated budget information and revenue requirements. Other tasks may include council or public workshops or meetings or written reports. We have included a not to exceed amount of $10,000 for this contingency. II. ADDITIONAL SERVICES PBS&J will provide the following Additional Services, beyond the services included in Section I, Scope of Services: A. Attendance to additional meetings beyond those specifically identified in Section I. B. Assistance with public participation and communications, including planning and participation in public outreach programs, attendance to public meetings and workshops, etc. C. Any additional project related services not specifically included in Section I, Scope of Services. III. CLIENT FURNISHED SERVICES The following services or information will be provided by Client or its consultants: Copies of all relevant reports, studies, drawings, correspondence, and other relevant project information or data. Attachment A National City Sewer Billing Page 3 of 3 B. Assign one person to serve as the Client's project manager who has authority to represent the Client and will serve as the point of interface for all project issues and communications. C. A complete written description of all pertinent project information and issues, including all unusual or critical requirements of the Client. KK:jle c: Sara Maples, PBS&J File I:\admin\182\Contracts\JE SEP2003 NC Financial Proposal.doc An employee -owned company ATTACHMENT B FEES AND CONDITIONS SEWER BILLING / TAX ROLL ADMINISTRATION AND AS -NEEDED FINANCIAL SERVICES FEES AND CONDITIONS A. The Services described in Section I, Scope of Services, will be provided on an hourly rate basis with an estimated upper limit of $40,322 for the first year, FY05. The upper limit for each subsequent fiscal year that the services are authorized will be increased by five percent (5%) to reflect an increase in billing rates. B. The fees for the Services described in Section II, Additional Engineering Services, will be provided on an hourly rate basis in accordance with the PBS&J Standard Rate Schedule in effect at the time the services are performed. A copy of the current Standard Rate Schedule is attached. KK: jle c: Sara Maples, PBS&J File I:\admin\182\Contracts\JE SEP2003 NC Financial Proposal.doc 175 Calle Magdalena * Encinitas, California 92024 ® Telephone: 760.753.1120 • Fax: 760.753.0730 a www.pbsj.com LABOR ESTIMATE Project Name: Client/Owner: Project Manager: Prepared By: Proj/Prop No.: Date: Sewer Billing !Tax Roll Administration and As Needed Financial Services City of National City Karyn Keese mpc October 14, 2003 FEE SUMMARY ITEM TOTAL Labor and Outside Services Direct Costs ENGINEERING SERVICES Officer - OFF Senior Program Manager - SPG Project Director - PD Principal Engineer III - PRIII Program Manager - PGM Principal Engineer II - PRII Principal Engineer I - PR Senior Project Manager - SPM Senior Engineer III - SEIII Project Manager - PM Senior Project Engineer - SPE Project Engineer II - SEll Project Engineer I - SEI Senior Engineer - SE Engineer II - Ell Engineer I - El Engineering Aide II - EAII Engineering Aide I - EAI ADMINISTRATIVE SERVICES Financial Manager - FM Administrative Manager - AM Senior Administrative Asst II - SAII Senior Administrative Asst I - SAI Project Analyst - PA Administrative Assistant - AA Administrative Clerk - AC OTHER PROFESSIONAL SERVICES Principal Professional, Division Mgr. - PP Sr. Prof. III, Prog Mgr, Sr. Developer III - SPIII Sr. Prof. II, Sr. Analyst III, Sr. Devel II - SPII Senior Analyst II, Sr. Developer I - SAD Sr. Prof. I, Sr. Analyst I, Developer II - SPI Professional II, Analyst II - PII Professional I, Analyst I, Developer I - PI JPA/PBSJ PA400-3/01 $190 $175 $165 $160 $145 $140 $135 $125 $125 $115 $108 $102 $96 $88 $85 $75 $50 $45 TOTAL $39,525 $807 $40,332 BILLING RATES ENVIRONMENTAL SCIENCE Senior Scientist III - SSIII Senior Scientist II - SSII Senior Scientist I - SSI Scientist III - SIII Scientist II - SII Scientist I - SI Assistant Scientist - AS Research Assistant - RA CONSTRUCTION RELATED SERVICES Senior Construction Manager - SCM Construction Manager - CM Senior Project Engr (Const.) - SPEC Prevailing Wage Field Rep. - PWFR Senior Field Representative* - SFR Construction Mgmt Rep. II* - CMII Construction Mgmt Rep. I* - CMI (* non -prevailing wage) DESIGN & GRAPHIC SERVICES $110 Senior Design Manager - SDM $80 Senior Designer III - SDI!' $66 Senior Designer II - SDII $62 Senior Designer I - SDI $57 Senior Graphics Designer - SGD $50 Designer - DES $43 Graphics Designer- GD Senior CADD Technician - SCT CADD Technician II - CTII $160 CADD Technician I - CTI $145 $125 $110 $90 $75 $65 $160 $124 $116 $106 $98 $85 $70 $50 $118 $108 $96 $92 $89 $82 $75 $110 $105 $95 $85 $80 $75 $75 $71 $66 $60 California Offices in Irvine, Riverside, Encinitas, and San Diego FILE: NC fee est 2003.x!s Labor/Outside Services - Page 1 of I PSS&J 1 I l e k A: 0: • i a .• ' S - - - TOTALS HOURS FEE Pt Task Task/Sub pp pm aa spi - - - - Task 1 0 $0 Mid year Database Adds and Drops 2 6 24 32 $3,170 Field Data verification 2 8 16 26 $2,680 QA/QC and project management 2 4 6 $780 Subtotal 64 $6,630 Task 2 0 $0 Mid year tracking reporting 6 6 12 $1,230 QA/QC and project management 4 8 12 $1,560 Subtotal 24 $2,790 Task 3 0 $0 Yearly Database Update 4 15 100 119 $11,365 Yearly Kickback Verification 4 4 20 28 $2,900 Field Data verification/coord w/City 4 8 20 32 $3,360 QA/QC and project management 4 16 20 $2,480 Subtotal 199 $20,105 As Needed Financial/Accounting Tasks 0 $10,000 Subtotal 0 $10,000 pp pm aa spi - - - - - - PAGE TOTALS TOTAL - THIS PAGE 26 75 0 186 0 0 0 0 0 0 0 0 287 $39,525 TOTAL - ALL PAGES 26 75 0 186 0 0 0 0 0 0 0 0 287 $39,525 JPA PA40 NC fee est 2003.xls - 10"4/2003 Direct Costs SS&J DESCRIPTION Pt Task Type Quantity Unit Unit Cost TOTALS Cost Tax roll - data tape Photocopies Courier - Same Day Mileage Materials S.D. Property Appraiser 1 500 3 120 20 1 VARIES COPIES TRIPS MILES VARIES VARIES $200.00 $0.12 $35.00 $0.35 $5.00 $300.00 $200.00 $60.00 $105.00 $42.00 $100.00 $300.00 TOTAL $807 JPA PA400-2/99 NC fee est 2003.xls - 10/14/2003 10-03-2003 12:54pm From-PBS&J LEGAL MIAMI 305-599-2T39 T-268 P.0011003 F-844 Facsimile TRANSMITAL to: STEVE KIRKCPATRICK fax: (619) 336-4397 re: CITY OF NATIONAL CITY date: October 3, 2003 pages: 3 From the desk of... DEBORAH L. SHIMEL LEGAL ASSISTANT PBS&J 2001 N.W. 107 AVENUE MIAMI, FLORIDA 33172-2507 305.592.7275 EXT. 3288 Fax: 305.599.2739 I E-mail: dlshimel@pbsj.com) 10-03,-2003 12:54pm From-PBS&J LEGAL MIAMI ACORQ CERTIFICATE ur LIHt3ELI I T PRODUCER (105)822-7800 FAX 3058270585 Collinsworth, Alter, Fowler, Dowling & French Group Inc. F. 0. Box 9315 '4ami Lakes, FL 33014-9315 IED Post, Buckley, Schuh, & Jernigan, Inc. d/b/a PBS&3 2001 NW 107 Avenue Miami, FL 33172-2507 305-500-2739 INr yMin uwl— 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. T-268 P.002/003 F-944 J.U(U9(LVus INSURERS AFFORDING COVERAGE NAIC # FaURERA. Continental Casualty Company A NSURER B. American Casualty Co Reading A V NSURERC Lloyds of London A- XV INSURER la INSURER E caVERAG aREOUIREMENT. T RM ORL�m OF � CoriTHRACT ORTOIHER DOCUMFN VenHEs ECT TO WHICHIT IS CCEERTIFICATE MAY BE ISSSSUED RCI MMAYC R AAIN, ThE INS RANCE AFFOR ED Y T E S LI RES DES R Y PA DEREIN IS.SUS,�ro ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH pppp��,ICY EifECTVE POLICY % TON LIMOS POLCY NUTA9ER __71p7rFMWMWM TU' EACNOCCtARENCE WISRAODI pj+ERQ A A /PE OF INSURANCE GENERAL LwEE.ITY X coMMERCAL GENERAI. LIABRiTM CLAIMS MADE ' X I OCCUR X Contractual Liab GENL AGGREGATE ITAPPLIESPER. —I POLICY I i 12er n LOC AUTOMOBILELIABILRI' x ANYAurO X ALL OWNED AUTOS SC,EDAEO AUTOS X HAZED AUTOS X NOKOWNEO Aura X Contractual Li ab GL247843206 BUA247B43223 09/30/2003 09/30/2003 09/30/2004 09/30/2004 _ ATIK r m 1 MED EKP IATHMePM0N PERSONAL I eat I'4JURY GENERAL AGGREGATE PRODUCTS- COAB%IP AEG COMBINED DANGLE UMIT Me molars) BODLY WAIRY IPef lmmA S S S S 1,000.000i 1,000,000 25,000 1,000,000 2,000.000 2,000,000 1.,000,000 BODILY IN.AIRY IPe,a ooM PROPERTYDAMAGE IPe, ecaeaN GARAGELaRILIN ANY ALTO AISTOONLY -EA ACCIDENT OTTER THAN AUTOONLY' EA ACC AGO B C EXCE96WMBRELLA WADER., 7L I OCCUR n CLAIMS MADE DEDUCIBLE X RETENTON s 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY oFFl SEERARTIAERIEXECVNE ExcLUCE09 syn. CMetteN BIOS SPECIAL PROVISIONS Gels, ones Pro essional/Pollutio n Liability CUP2068179760 WC247843268 NO P42303 CLAIMS -MADE FORM 09/30/2003 09/30/2003 09/30/2003 09/30/2004 09/30/2004 09/30/2004 EACH OCCURRENCE AGGREGATE x NELtaii r �ER s 10,000,000 a 10,000,000 S C S L 1,000,000 i 1,000,000 $ I,000 000 31,000,000 Limits Ea Claim and Annual Aggregate 11/11/1961 Retrodate E.L.EACHACCDENT EL. DISEASE • EA EMPLOYEE EL -DISEASE • POLICY LIMIT DECIMATION OF OPERATIONS, LOCATIDNRIVEHCLEC I EXOLUSIONB ADDED BYENDDRSEME1 TIEPECIAL PROVISIONS Re: City of National City Standard Agreement Revisions. The City and is officers, agents and employees are named as additional insureds on the General liability; said plicies hall be primary and non-contributory to that of the named additional insureds. Issuing companies will provide 30 days written notice of cancellation, non -renewal and/or material reduction of coverage/limits. CERTIFICATE HOLDER City of National City 1243 National City Blvd National City, CA 91950-4301 ^can® 25 (2001/00) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBEOPOLKIB OE CANCELLED BEFORE THE EXPRATIONDATE TNEREOF.THE ISSUINOINSURERWILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTPICATE H0.0ERNAMED 10THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION ORLIABILITY OF ANY ADA UPON THE wEURER, ITS AGEMB OR REPRESENTATIVES AUTHORBEDEMPHESENTA'BVE Meade Collinsworth/EEC 7---7 OACORD CORPORATION 19BB 10-03-2003 12:54pm from-PBS&J LEGAL MIAMI 305-599-2T39 T-269 P 003/003 F-944 IMPORTANT If the certificate holder is an ADDITIONAL. INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AGQRB 25 [2001i09) AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PBS&J THIS AGREEMENT is entered into this 18th day of November, 2003 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and PBS&J, Inc. (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to conduct on- going Sewer Billing/Tax Roll Administration and any as needed Financial Services for Sewer rate analysis for Fiscal Year 2004-2005. WHEREAS, the CITY has determined that the CONSULTANT is a corporation and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT 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 CONSULTANT shall appear at meetings as required to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 3 3. PROJECT COORDINATION AND SUPERVISION. Steve Kirkpatrick hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Karyn Keese thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "B" (the Base amount) without prior written authorization from the $40,322. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONSULTANT 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 period of one year from the date of signature of agreement. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the. CONSULTANT 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 CONSULTANT hereby assigns to the CITY and CONSULTANT 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 CONSUTLANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT 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 CONSULTANT shall relieve the CONSULTANT 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 CONSULTANT is notan employee CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'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 CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or sub CONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT 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 CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, 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 CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever 3 Revised August 2003 nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT 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 CONSULTANT to practice its profession. 11. STANDARD OF CARE. A. The CONSULTANT, 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 CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'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. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT 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 CONSULTANT has notified the CITY otherwise, the CONSULTANT 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 CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT 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 CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT 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 CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The 4 Revised August 2003 CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT 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 CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT 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 CONSULTANT 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. CONSULTANT 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 CONSULTANT agrees to indemnify, and hold harmless the City of National City, its officers and employees, 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, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT 's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONSULTANT, 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: XLI A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. 5 Revised August 2003 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 CONSULTANT's employees. 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 CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. ment. H. Any aggregate insurance limits must apply solely to this Agree - 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 CONSULTANT 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 judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of 6 Revised August 2003 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's written notice to the CONSULTANT. During said 60-day period the CONSULTANT 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 CONSULTANT 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 CONSULTANT 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 CONSULTANT'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 CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 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 7 Revised August 2003 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, OH) 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: Steve Kirkpatrick Acting Director of Public Works/Engineering City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONTRACTOR: PBS&J 175 Calle Magdelena Encinitas, CA 92024 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 CONSULTANT 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 CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT 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 CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the 8 Revised August 2003 d City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT 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 CONSULTANT. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agree- ments, 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 9 Revised August 2003 party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY (Two signatures required for a corporation) By: By: Nick Inzunza, Mayor (Na?ne) APPROVED AS TO FORM: George H. Eiser, III City Attorney (Title) (Title) 10 Revised August 2003 City of National City, California COUNCIL AGENDA STATEMENT November 18, 2003 FETING DATE AGENDA ITEM NO. 5 i ITEM TITLE RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH ADVANCED ENVIRONMENTAL SERVICES, INC. FOR THE PUBLIC WORKS YARD FUEL FACILITY, SPECIFICATION NO. 03-4 PREPARED BY Albert Griego DEPARTMENT 336-4386 EXPLANATION See attached ENGINEERING Environmental Review Financial Statement X A Approved Bin The total estimated cost of the project is $58,000.00. Funding is available through Account Nos.FinNnce Director 196-409-500-598-1587 and 196-409-500-598-1156. Account No. STAFF RECOMMENDATION Adopt the Resolution kV'/ BOARD I COMMIS:' I RECOMMENDATION N/A ATTACHMENTS ( Listed Below 1.Resolution A-200 (9 991 2. Contract Resolution No. 2003-160 fuel EXPLANTION: The project includes the rebuild/repair of the existing fueling systems at the Public Works Yard, located at 2100 Hoover Avenue in the City of National City. This phase of the project includes the necessary trenching to expose the primary piping to be cut to repair the secondary piping. In addition, the piping will be adjusted at a desirable angle with the sump walls to guarantee a proper seal. The project also includes the installation of a Phase I Vapor Recovery System that conforms to either the OPW Phase I Vapor Recovery System (Executive Order VR-102-B) or the Phil-Tite Phase I Vapor Recovery System (Executive Order VR-101-C) of the State of California Air Resources Board. On October 10, 2003 this project was advertised for bid. The bid period was approximately 4 weeks with a bid opening date established as November 5, 2003 at 2:00 pm. Unfortunately no contractors submitted a bid on the project. In consultation with the City Attorney, we have determined that the Public Contract Code allows the bid process to be waived on a Public Works project in the event that no bids are received. We then called Advanced Environmental Services, a firm that we know to perform this type of work and requested a proposal. They responded with a proposal of $51,699. If we don't do this work we must shutdown our fueling facility. Currently all City vehicles use the facility to fuel, including the fire department and police depailments. The payback cost on the project when comparing the retail price of fueling off -site to the wholesale price of fueling at our own facility is approximately one year. The total cost of this project is estimated to be $58,000. This includes the bid price of $51,699 and $6331 to cover the cost of inspection and certification of the work, as well as a some contingency for the event of unforeseen circumstances during the construction RESOLUTION NO. 2003 —160 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ADVANCED ENVIRONMENTAL SERVICES, INC. TO UPGRADE THE UNDERGROUND FUEL STORAGE TANKS AT THE PUBLIC WORKS YARD FUEL FACILITY (ENGINEERING SPEC. 03-4) WHEREAS, the City desires to employ a contractor to upgrade one 15,000 gallon gasoline fuel underground storage tank (UST) and one 5,000 gallon gasoline fuel underground storage tank to include Phase I and II vapor recovery ; and WHEREAS, the City has determined that Advanced Environmental Services, Inc. is an environmental contractor and is qualified by experience and ability to perform the services desired by the City, and Advanced Environmental Services, Inc. is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City an Agreement with Advanced Environmental Services, Inc. to upgrade one 15,000 gallon gasoline fuel underground storage tank (UST) and one 5,000 gallon gasoline fuel underground storage tank to include Phase I and II vapor recovery. Said Agreement is on file in the office of the City Clerk. Passed and adopted this 18th day of November, 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney ORIGINAL AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ADVANCED ENVIRONMENTAL SERVICES INC. THIS AGREEMENT is entered into this 18th day of November, 2003, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and ADVANCED ENVIRONMENTAL SERVICES INC. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to Upgrade of (1) 15,000 Gallon Gasoline Fuel Underground Storage Tank (UST) and (1) 5,000 Gallon Diesel Fuel Underground Storage Tank (UST) to include Phase I and II Vapor Recovery. WHEREAS, the CITY has determined that the CONTRACTOR is a State of California Licensed Contractor and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at weekly meetings called for in advance by the Engineering Division to keep staff and City Council advised of the progress on the project. Revised August 2003 NOV-13-2003 00:37 Advanced Environmental 949 454 2567 O.02 The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so. the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stephen M Kirkpatrick, P.E., Acting Director of Public Works/Engineering hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Joe C. Wilson thereby is designated as the Project Director for the CONTRACTOR. COMPENSATION AND PAYMENT. The base bid on this project is $51,60. Reimbursables are allowed up to a not to exceed" amount of $3,000.00. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the schedule given in Exhibit A (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. The work shall be completed within 180 dar days of 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 hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings. plans. specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be 2 Rev; d August 2003 TOTAL P.02 unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRAC- TOR'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 3 Revised August 2003 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 pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings 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 shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: 4 Revised August 2003 employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to 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 defend, indemnify, and hold harmless the City of National City, its officers and employees, 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, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or Revised August 2003 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: n A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's 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 Agree- ment. employees. H. Any aggregate insurance limits must apply solely to this Agree- 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 ment. 6 Revised August 2003 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 judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. 7 Revised August 2003 E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name, or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax,when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: To the CONTRACTOR: Park Morse Acting City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 Advanced Environmental Services, Inc. Attn: Joe C. Wilson, REA 7 Amato Mission Viejo, CA 92692 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 8 Revised August 2003 any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 9 Revised August 2003 N00-12-2003 00:39 Advanced Environmental 949 454 2567 P.02 I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice. and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. Advanced Environmental Services Inc. CITY OF NATIONAL CITY (7Lvo signatures required for a corporation) By: By: UAMA- Nick Inzunza, Mayor (Name) CO APPROVED AS TO FORM. George H. Eiser, Ill City Attorney By: (Title) lij-A4VUOt (N e) Pasl cie-nA- (Title) 1 0 Revised August 2003 TOTAL P.02 EXHIBIT "A" ENVIRONMENTAL SERVICES, INC. www.advservicesinc.com State of California Contractors License No. 769519 November 6, 2003 Mr. Jim Dredge Mr. Tony Gaut City of National City Public Works Department 2100 Hoover Avenue National City, CA 91950-6530 619-336-4588 619-336-4594 fax Re: Upgrade of (1) 15,000 Gallon Gasoline Fuel Underground Storage Tank (UST) And (1) 5,000 Gallon Diesel Fuel Underground Storage Tank (UST) to include Phase 1 & II Vapor Recovery. Advanced Environmental Services, Inc. Project Number JW-20015-03 Dear Gentlemen: We propose to rebuild / upgrade your fueling system do to some inherent problems that the existing "Total Containment Piping" has experienced through the years. In addition, the primary piping has to be cut to repair the secondary piping anyway. Also the piping does not traverse thru the sump walls at a desirable angle to guarantee a proper seal. We feel if this system is repaired as is, that many problems will develop over the next several years in relation to the piping and the sumps. We strongly recommend a re -pipe on this project. At the request of City of National City, Public Works Department ., Advanced Environmental Services, Inc. is pleased to submit the following proposal for your review and consideration to provide professional services addressing the upgrade of (1) 15,000 Gallon Gasoline Fuel Underground Storage Tank (UST), and (1) 5,000 Gallon Diesel Fuel Underground Storage Tank (UST) The scope of work for the Upgrade and related pricing is as follows: All Advanced Environmental, Inc. personnel on -site will have the following training and equipment: Training: a) 40 Hour Trained According to Department of Labor 29CFR 1910.120. b) Hazardous Waste Driver Training. c) Emergency Team Response to Small Quantity Spills Training. d) Supervisor Training. e) Adult CPR. f) Standard First Aid. C:\Word\allreps\j oe\2003\NationalCityPublic W orksuSTUgrade 11.6.2003 Southern Region Office: 7Amato, Mission Viejo, California 92692 Tel: (800) 850-8680 © (949) 454-2546 ® Fax: (949) 454-2567 Eastern Region Office: 1275 Graphite Drive, Corona,4alifornia 92881 Tel: (800) 850-8680 November 6, 2003 City of National City Public Works Department Page 2 of 8 Personnel Protective Equipment: a) Tyvek Suits b) Respirators c) Appropriate Eye Protection d) Polyurethane Gloves, Boots e) Hard Hats Permitting Cost +20% PHASE I - ENGINEERING AND PERMITTING o Prepare engineered drawings. • Submit drawings and obtain approvals with permits from the San Diego County Department of Environmental Health and South Coast Air Quality Management District. PHASE II - SI'I PREPARATION o Remove all dispensers and set aside for reuse. o Saw cut the existing concrete above the piping and tank. e Breakout, remove and dispose of all required concrete above the tanks, lines and island. ® Excavate all required soil to expose the entire piping run and the top of the fuel tank. ® Remove and dispose of all existing product and vapor recovery piping. PHASE III - TANK UPGRADE • Repair all fiberglass Turbine and Piping sumps with fiberglass. • Repair all sump risers and adhere to tank collars. ® Supply and install new entry boots in all sumps. PHASE IV - DISPENSER PAN UPGRADE AND SYSTEM REPIPE o Over excavate the hole for the new dispenser pan and dispose of excess soil. o Provide and install two (2) U.L. approved non-metallic deep dispenser pans. • Provide and install the following equipment in the dispenser pan: • Provide and install all required fiberglass piping for the Diesel and Gasoline system. The primary piping will be 2" fiberglass pipe with 3" secondary for the product, 2" fiberglass for the vapor return and vents. All piping connected to the tank must be made with stainless steel flex lines. All piping connected to the existing vent risers must be made with stainless steel flex lines and be encased with 3" rubber flex boots. Factory -trained and certified installers will install all piping, certification will be provided to the customer with submittal packages. e All piping and conduit penetrations in the tank and dispenser sumps will be sealed using flexible entry boots. C:\Word\allreps\joe\2003\NationalCityPublic WorksUSNgrade l l .6.2003 November 6, 2003 City of National City Public Works Department Page 3 of 8 • Perform piping pressure tests on the product primary, secondary, vapor recovery and vent lines. ® Perform the dispenser pan and tank sump hydrostatic tests, and tank annular space vacuum tests. (These tests are a part of the S.B. 989 secondary testing requirements and AB 2481). PHASE V — INSTALLATION OF PHASE II VAPOR RECOVERY ® Remove and dispose of all existing vapor recovery piping. • Provide and install all required fiberglass piping for Stage II Vapor Recovery System for the Diesel and Gasoline system. The primary piping will be 2" fiberglass pipe with 3" secondary for the vapor return and vents. All piping connected to the tank must be made with stainless steel flex lines. All piping connected to the existing vent risers must be made with stainless steel flex lines and be encased with 3" rubber flex boots. Factory -trained and certified installers will install all piping, certification will be provided to the customer with submittal packages. ® Install steel risers. • All piping penetrations in the tank and dispenser sumps will be sealed using flexible entry boots. ® Perform piping pressure tests on the vapor recovery and vent lines. PHASE VI - SYSTEM ELECTRICAL o Reconnect all electrical to system, test. PHASE VII - SI I. RESTORATION o Backfill the trenches and top of the tank with excavated material. o Provide rebar for the drive pad and into the existing concrete pad on all sides. The rebar is to be minimum #5 on 18" centers both ways. ® Reinstall the required man ways and set to grade. • Provide the concrete pad to match the existing. The thickness of the concrete is equal to the existing pad. All concrete is to be 3,000 PSI mix design. The existing island will be patched as to provide a smooth transition from the existing to the new. • Reinstall the existing dispensers and make all electrical and piping connections. PHASE V1II -TEST INSTALLATION AND TRAIN PERSONNEL • Line liquid integrity test. o Test the complete ystem per regulatory requirements and obtain approvals. o Perform all inspections as required to complete system. o Train facility personnel. \Word\allreps\joe 2003\NalionalCitypublicWorksUSTUgradeI 1.6.2003 November 6, 2003 City of National City Public Works Department Page 4 of 8 Total Estimated Project Cost for Installation Notes: $51,669.00 1. A California UCC-1 form is to be expected in conjunction with this contract and will not be recorded unless there exists any default on the aforementioned contract. The UCC-1 will be returned intact upon payment in full of the balance and when the check has been properly endorsed and has been paid by the bank upon which it was drawn. 2. This proposal is based upon some asphalt / concrete cutting and excavation in order to perform a portion of the scope of work outlined. If in the performance of this scope of work more than an 8" thickness of concrete is encountered, additional costs will be incurred in this removal and these costs for material, labor machinery will be billed to the customer as an extra to the job. 3. This proposal does not include any shoring or tank hole de -watering, compensation for loss of business or guarantees regarding completion date for the job. 4. Replacement of asphalt / concrete will be accomplished using appropriate industry standards in best effort to match existing surface, but an exact match may not be possible. 5. During the construction of this project, the need for heavy equipment will be required. If this equipment causes damage to any asphalt or concrete, the cost to repair or replace any damaged asphalt or concrete will be the responsibility of the owner. 6. Advanced Environmental Services, Inc. assumes no responsibility for underground obstructions. In the event of underground obstructions such as: sewer, water, air, telephone, gas, electrical, concrete saddles, rock, numerous boulders in excess of 10" in diameter, or any condition which may impede or retard the progress or normal excavations including, but not limited to sandy or wet soil which may cause cave-ins, all labor and materials expended by Advanced Environmental, Inc. to overcome such obstructions will be billed as an extra on the job. 7. All material is guaranteed to be as specified. All work is to be completed in a workmanlike manner according to standard practices. Any alteration or deviation involving extra cost will be executed by written order and will become an extra charge over and above the amount set forth above. 8. Advanced Environmental Services, Inc. shall not be responsible for delays caused by strikes, accidents, contamination or other contingencies beyond our control. Such delays will result in renegotiation of contract in the event that the delay exceeds 30 days from the last day of the job. If contract is not renegotiated, payment must be made on all expenses incurred up to and including the last day on the job, upon demand. If any underground lines or hazards i.e., conduit, ledge rock, debris or water interfere in the proposed excavation area, cost of removal, relocation or extra work shall be borne by the owner as an extra on the job. 9. Owner to carry fire, tornado, and other necessary insurance. Our workers are fully covered by Worker's Compensation Insurance. C:\ Word\allreps\joe\2003\NationalCityPublic WorksUSTU®rade 11.6.2003 November 6, 2003 City of National City Public Works Department Page 5 of 8 10. Payment is to be made as outlined below. We charge a finance charge of 1 1/2% monthly on past due amounts. This is an annual rate of 18%. A handling charge will be made on all merchandise returned unless defective. It if further understood and agreed that in the event this bill becomes overdue and the seller commences legal action for the collection of same, the buyer will pay all costs for collection including attorney fees, court fees, incidental costs, an 1 1/2% finance charges monthly and not more than 18% annually. 11. If contract terms and conditions are not met within a specified time and within the confines of this contract, Advanced Environmental, Inc. or its agents reserves the right to take possession of any material or equipment sold to the buyer as a part of this contract in order to recover costs for the unsatisfied contract. Manifesting and labeling will be provided by Advanced Environmental Services, Inc. as a service to City of National City. Your waste will be handled and transported according to all Local, State, and Federal laws governing our industry. Thank you for providing Advanced Environmental Services, Inc. the opportunity to submit the preceding proposal for your review and consideration. If you have any further questions or need any additional information please do not hesitate to contact me directly at your earliest convenience. C. Wilson, REA anced Environmental Services, Inc. dous Materials Specialist Environmental Engineering Special Projects JW:ve:20015-03 C:\Word\allreps\joe\2003 \NationalC ityPublic WorksUSTUgrade l 1.6.2003 ?ETING DATE City of National City, California COUNCIL AGENDA STATEMENT November 18, 2003 AGENDA ITEM NO. 6 (ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WITH KATZ, OKITSU AND ASSOCIATES TO PERFORM DESIGN SERVICES NECESSARY TO RUN FIBER OPTIC CABLE BETWEEN CITY HALL AND THE FIRE STATION AT 16TH STREET AND D AVENUE PREPARED BY Stephen Kirkpatrick 336-4580 DEPARTMENT Public Works/Engineeriing EXPLANATION Katz, Okitsu and Associates was the professional engineering consultant used to design the Regional Traffic Signal Interconnect project. The project connected signals in National City, San Diego, and Chula Vista. KOA Associates was selected for the work through a qualification based selection process. The hiring of consultant was administratively handled by San Diego, but each municipality managed the design construction within their boundaries. The construction was recently completed and the plans were found to be excellent. At this time the City has a need to install fiber optic cable between City Hall and the Fire Station. There isexisting conduit in National City Boulevard between City Hall and 16th Street. New conduit must be installed on 16 Street to D Avenue. Fiber cable will then be pulled through the conduit and terminated in the City Hall Data Center and the new Fire Station MIS room. Fiber will then be used for all routine and emergency communications (voice and data) between City Hall, the new library, the police and fire stations, and the public works yard. KOA's scope of work includes the design of the fiber run and the terminations in City Hall and the Fire Station. MIS and the fire station contractor will provide the necessary equipment at each end of the fiber. The project to install the conduit and fiber will be a competitively bid construction project. The scope of work and fee proposal is detailed fully in the attached contract document Environmental Review N/A Financial Statement Approved y® _( The fee agreed upon to perform the professional architectural services is $10,000. Funds are budgeted in Account No. 250-409-500-598-1588. Finance Director Account No. r ( STAFF RECOMMENDATION Adopt the Resolution that authorizes the Mayor to execute the contract with Katz, Okitsu and Associates to perform the services as described. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 2003-161 1. Resolution 2. Contract A -zoo (9 99) RESOLUTION NO. 2003 —161 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KATZ, OKITSU & ASSOCIATES TO PROVIDE DESIGN SERVICES FOR AN UNDERGROUND FIBER OPTIC CABLE CONNECTION BETWEEN THE CIVIC CENTER AND THE FIRE STATION AT 16TH STREET AND D AVENUE WHEREAS, the City desires to employ a consultant to provide design services for an underground fiber optic cable connection between the Civic Center and the Fire Station at 16th Street and D Avenue; and WHEREAS, the City has determined that Katz, Okitsu & Associates is a professional engineering consultant and is qualified by experience and ability to perform the services desired by the City, and Katz, Okitsu & Associates is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City an Agreement with Katz, Okitsu & Associates to provide design services for an underground fiber optic cable connection between the Civic Center and the Fire Station at 16th Street and D Avenue. Said Agreement is on file in the office of the City Clerk. Passed and adopted this 18th day of November, 2003. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KATZ, OKITSU AND ASSOCIATES THIS AGREEMENT is entered into this 18th day of November, 2003, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Katz, Okitsu and Associates (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to design and specify for construction bidding an underground fiber optic cable connection between City Hall and the Fire Station. WHEREAS, the CITY has determined that the CONTRACTOR is a professional engineering and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit A to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the Revised August 2003 CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stephen M Kirkpatrick hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Joe De La Garza thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the schedule given in Exhibit A (the Base amount) without prior written authorization from the 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 A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit A. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the 2 Revised August 2003 CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRAC- TOR'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 3 Revised August 2003 maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings 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 shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous 4 Revised August 2003 places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to 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 defend, indemnify, and hold harmless the City of National City, its officers and employees, 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, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 5 Revised August 2003 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and 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 Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree- ment. I. Insurance shall be written with only California admitted companies that hold a current policyholder'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 6 Revised August 2003 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 judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; 7 Revised August 2003 (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: To the CONTRACTOR: Park Morse Acting City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 J. Arnold Torma Principal Engineer Katz, Okitsu and Associates 2251 San Diego Avenue, Suite A-270 San Diego, CA 92210-2926 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 8 Revised August 2003 has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agree- ments, 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. 9 Revised August 2003 J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY Katz, Okitsu and Associates (Two signatures required for a corporation) By: By: Nick Inzunza, Mayor (Name) (Title) APPROVED AS TO FORM: By: George H. Eiser, Ill (Name) City Attorney (Title) 10 Revised August 2003 EleKatz, Okitsu & Associates Traffic Engineers and Transportation Planners SCOPE OF WORK FIBER OPTIC DESIGN SERVICES 16"" STREET CITY OF NATIONAL CITY Katz, Okitsu & Associates has prepared this scope of work for engineering design services including the design of a fiber optic connection between City Hall and the proposed Fire Station along 16th Street at D Avenue. We understand that the City has a current traffic signal fiber optic trunk line that runs from City Hall along National City Boulevard and a portion of this existing conduit may be used to connect to City Hall from 16th Street. We also understand that the City has a new Fire Station planned to be built over the next 18 months and this needs to be connected to City Hall via a fiber optic connection. This scope includes the design of conduit and fiber installation to make the final connections as well as coordination with the Fire Station Architect and the City's MIS department to determine the end hardware required for the connection. Ultimately this project will provide the City with a biddable set of drawings and specifications that can be constructed and the fiber connections and fmal testing done in conjunction with the construction of the Fire Station. TASK 1.0 - FIBER OPTIC PS&E DESIGN 1.1 - Pre -Design Coordination At the onset of the project, KOA will meet with youto discuss the proposed plan and relevant information necessary to provide the fiber connection. 1.2 - Base Mapping Katz, Okitsu & Associates will prepare base mapping for the portions of work included in this scope. The base mapping created from existing as-builts and field measurements will include centerline, striping, curb alignments, manholes and curb inlets. This information will be used to develop plan sheets at 1"=40' scale. This base plan information and proposed fiber optic route would be prepared electronically. 1.3 - Field Review The project area site will be inspected with respect to needs for preparing these plans. Physical street improvements, utilities and obstructions, signing and striping, and other relevant items would be located in the field with sufficient precision to be shown accurately on the plans. All information obtained from records would be verified in the field in conjunction with this review. Engineering Design Services - Fiber Optic Connection - City of National City 1 irgrA Katz, Okitsu & Associates Traffic Engineers and Transportation Planners 1.4 - Design Plans KOA will prepare the following: • Engineering plans at 1"=40" scale using the City of National City and Caltrans Standards and Specifications. • Plans will be prepared in AutoCad v14. The specifications will be provided in Microsoft Word 97. • Plans and specifications on diskette with a hard copy. The final plans will be on mylar for blueprinting and the specification on bond for duplication. These will become the property of the City of National City upon completion. • The plans and specifications will be suitable to be a bid package to be advertised by the City of National City. • Any necessary detail drawings will be prepared at a scale of 1"=20'. The PS&E development in the Final Design Phase will include incremental submittals for review. We estimate that at least 2 design sheets will be necessaryinaddition to a title sheet. SUBMITTAL OF PLANS The completed plans would be signed by a licensed KOA Civil Engineer. KOA will be developing a stand alone bid package for the construction and implementation of the fiber optic connection of City Hall with the proposed Fire Station. Each submittal will inchide a at least two set of plans with specifications and cost estimate for submission: and checking. Additional plans would be submitted by Katz, Okitsu & Associates directly to outside utilities and any other relevant agencies indicated by the City or as requested The plans will be submitted at the 70%, 90% and 100% completion level.. PERSONNEL ASSIGNED Mr. Joe De La Garza, P.E. will be the project manager for this project and he will handle all contacts with the project team and the City of National City, if necessary.. Ryan Zellers will be the project engineer. OUT OF SCOPE WORK Services rendered for out -of -scope work will be billed based on a negotiated fee schedule. Out -of -scope work will include all items not specifically detailed in the work scope above, which includes the following: • Requests, either by the local agencies or the client, for items not covered in the scope of work described in this proposal. • Changes in project assumptions after the start of work. • Attendance at additional meetings. Engineering Design Services - Fiber Optic Connection - City of National City 2 1:46 Katz, Okitsu & Associates Traffic Engineers and Transportation Planners • Any change in roadway configuration or curb lines requested after the plans are initiated may result in the need for extra work to revise completed designs or base mapping. • Our fee would exclude any costs paid to the City or any other agency for plan checking or construction inspection. • Any changes required in the plans after they are approved by the City, except for minor as -built revisions may be considered as extra work. SCHEDULE A design schedule is proposed allowing for submittal of plans for initial checking within five weeks following your authorization. Responses to revisions would be completed within two weeks following receipt of comments. PROPOSED FEES The estimated fees for the proposed scope of work were calculated as follows: TASK KOA TOTAL TOTAL COSTS Principal $140 Senior $135 Assistant $80 CAD/ Support 1.0 70% Design Phase 0 2 15 30 47 $3,570 2.0 90% Design Phase 1 2 10 20 33 $2,610 3.0. 100% Design Phase 1 1 4: ' 8 14 $1,155 4.0. Final Design Phase 1 1 4 4 - 10 $875 Coordination, 5.0 Specifications & Estimates 0 4 10.:; . :. 0 ., .14, $1,340 TOTAL ESTIMATED HOURS 3 10 43 : 62 118 $9,550 TOTAL DIRECT COSTS (Mileage, Plotting, etc.) $450 TOTAL PROJECT COSTS $10,000 The total lump sum cost is $10,000. Invoices would be submitted monthly, based upon the billing rate for personnel used on the project and direct expenses, including plotting, blueprinting, and freight and the percentage complete of the work tasks. Accounts are past due after 30 days. CONCLUSION Any questions about this proposal and scope of services may be directed to Mr. Joe De La Garza, (619) 683-2933. The proposal is valid for 120 days. N IKOA03I A3546 National CityFiber PS&EI Proposal1A3546 Fiber Proposal9-I5-03.doc Engineering Design Services - Fiber Optic Connection - City of National City 3 Katz, Okitsu & Associates Traffic Lr4br'!dtvPs awl Trjlg ovrarra4 1' eawlfr5 Professional Fee Schedule EFFECTIVE MARCH 1, 2003 FULL LABOR RATES PER HOUR Expert Witness $180.00 Principal $140.00 Senior Engineer/Planner $135.00 Associate Engineer/Planner $ 95.00 Assistant Engineer/Planner $ 80.00 Junior Engineer/Planner $ 65.00 Engineering Designer $ 70.00 Technician $ 50.00 Administrative Aide $ 40.00 Assistant Technician $ 25.00 EXPENSES Mileage billed at $0.30 per mile Direct expenses marked up 10% Billed monthly based on work completed City of National City, California COUNCIL AGENDA STATEMENT _°ETING DATE November 18, 2003 AGENDA ITEM NO. 7 (-ITEM TITLE STATUS REPORT ON AIRSPACE GROUND SUBLEASE WITH OPERATION SAMAHAN AND UNITED STATES INSTITUTE OF AMATEUR ATHLETICS (USIAA) FOR THE AIRSPACE LOCATED NEAR THE INTERCHANGE OF HIGHWAY 805, PALM AVENUE AND DIVISION STREET "THE BRIDGE PROJECT" PREPARED Y Lori Brown DEPARTMENT PUBLIC WORKS/ENGINEERING 336-4582 EXPLANATION SEE ATTACHED Environmental Review Financial Statement N/A . proved No cost associated with Sub -lease, but Master Lease betwee a trans and City entai Finance Director rate ($1.00 per month plus $500 per year administrative fee, for a total of $5,120 for ten years) will be paid from Account No. 626-422-223-268 and forwarded to the State. Account No. STAFF RECOMMENDATION Receive and Report. BOARD / CO M ESS RECOMME N/A ATTACHMENTS ( Listed Below ) Resolution No. 2 A-200 (9:99( EXPLANATION November 9, 1999 Council heard a presentation from Operation Samahan and the US Institute of Amateur Athletics regarding their desire to use the property located at the northwest corner of the Palm Avenue and Division Street intersection, near Highway 805, for facilities they plan to build, "The Bridge Project." Council directed staff to move forward with the project as proposed. CALTRANS began negotiating the lease with the organizations, but ran into difficulty due to a requirement for a full set of project plans to base the lease on. The organizations deemed it financially infeasible to prepare a complete set of project plans when rights to the property were not yet secured by a lease. In September, 2000, CALTRANS proposed a draft corrected lease agreement with the City (on behalf of the non-profit organizations), including improved language and terms made possible by State Senate Bill 160 (also known as the State Budget Bill of 1999) which stated: "The Department may lease the airspace under the interchange at Palm Avenue and Division Street in San Diego County to any city, county, or other political subdivision, or any state agency, for community -benefit and social service purposes." The City could then sub -lease the property to Samahan and USIAA for their proposed project, but would be required to have plans approved by FHWA. January 9, 2001 Council directed staff to move forward to negotiate the sub -lease agreement, and include the names of Samahan and USIAA groups as sub -tenants. A Construction Cost Estimate and Architectural Drawings of the Intergenerational Bridge Center Project were provided by Samahan and USIAA for our file. Lease (CALTRANS and City): On October 16, 2001, Council accepted the proposed lease between the City and CALTRANS in concept, and on November 6, 2001, formally adopted Resolution No. 2001-164 authorizing the Mayor to sign the Lease between CALTRANS and the City for use of the property (by the tenant only and exclusively for community benefit and social services purposes). Lease rental rate to the City was established at $1.00 per month plus $500 per year administrative fee, for a total of $5,120 for a ten-year term and two ten-year renewal options, to be paid from Account # #626-422-223-268. Sub -Lease (City and Samahan/USIAA): On April 15, 2003, Council adopted Resolution No. 2003-45 authorizing the Mayor to sign the Sub -Lease With Samahan and USIAA for use of the property. No cost associated with Sub -Lease because the Lease does not allow the rental costs of $5,120 to be passed on to the Sub -Tenants. CURRENT STATUS Since the last Status Report of On October 14, 2003, Lori Brown met with Subtenant Joel San Juan, of Operation Samahan, to introduce herself as the new staff contact for this project, offer assistance, and discuss progress to date. Mr. San Juan reported that he just met with representatives of the Tides Foundation, which has awarded $10,000 in grant funding, with criteria that it must be used for "Phase II" of the project. He will continue efforts to secure a minimum of $3 million in grants and donations to construct the Community Health Care Clinic and Senior Citizens Daycare Facility, while establishing Youth and Intergenerational Programs in partnership with USIAA. He is also working with Capital Link to develop a Business Plan, and has obtained an Insurance quote of $5,000. Efforts to work with National City's Planning Department regarding review of development plans and permit process are on hold until funding is secured. Mr. San Juan agreed to e-mail a status report to the City in the near future. ,EETING DATE City of National City, California COUNCIL AGENDA STATEMENT Novemher 18, 2003 AGENDA ITEM NO. 8 r-ITEM TITLE REQUEST TO SCHEDULE A PUBLIC HEARING AT 6:00 PM ON DECEMBER 2, 2003 TO CONSIDER APPROVAL OF THE FREEWAY DEFICIENCY PLAN FOR THE CENTRAL INTERSTATE 5 CORRIDOR STUDY PREPARED BY Din Daneshfar 336-4580 EXPLANATION See attached explanation. DEPARTMENT Public Works/Engineering ( Environmental Review Financial Statement N/A X N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Schedule the Public Hearing for 6_00 p on December 4, 2003. BOARD / COMMISSION REC M ENDATION N/A ATTACHMENTS (Listed Below ) Resolution No. L,_, 1. Exhibit "A" — Proposed Freeway Deficiency Plan A-200 99) EXPLANATION: Introduction A Freeway Deficiency Plan (the Plan) has been prepared by SANDAG in cooperation with Caltrans and the Cities of National City and San Diego. The Plan addresses congestion on Interstate 5 between 1-8 and State Route 54, and on State Route 163 through Balboa Park. SANDAG will be preparing and compiling deficiency plans for most of the region's freeway corridors in order to develop a more comprehensive approach to congestion management and relief. In this case, evaluating projected freeway congestion on 1-5 and SR 163 was also a requirement of the final EIR for the new Padres Ballpark. As stipulated in the final EIR, SANDAG must accept the Freeway Deficiency Plan before the Certificate of Occupancy for the ballpark facility is issued by the City of San Diego (currently expected to occur in mid -February 2004). Under state law, the Plan must first be adopted at a public hearing by the local jurisdictions affected by the congestion: in this case, the Cities of National City and San Diego. Thereafter the Plan must be accepted or rejected by SANDAG, acting as the region's Congestion Management Agency. Discussion In 1999, SANDAG had been conducting studies to improve access from Interstate 5 to the Tenth Avenue and 24th Street Marine Terminals. At the same time, the Final Subsequent Environmental Impact Report (FSEIR) for the Ballpark and Ancillary Development project in downtown San Diego identified impacts to the freeway system from the general build -out planned for downtown. A comprehensive study of the entire Central I-5 Corridor brought all these studies together, extending from I-8 to SR 54. The Central 1-5 Corridor Study was completed and approved by SANDAG's Transportation Committee in December 2002, with many of the projects incorporated into the Regional Transportation Plan, MOBILITY 2030. Councilman Morrison was the chairman of the Central 1-5 Corridor Policy Committee. Several projects in National City were analyzed in the Central 1-5 Corridor Study were incorporated into the Regional Transportation Plan, included improvements to Tidelands Avenue and the Civic Center and Bay Marine Drive interchanges. The analysis conducted for the Central 1-5 Corridor Study was the basis for an additional report, called the Freeway Deficiency Plan. The Plan was prepared by SANDAG in cooperation with Caltrans and the cities involved in the corridor study. SANDAG took the lead on this Plan since it is a by-product of the Central 1-5 Corridor Study. The Plan must first be adopted by the city councils of San Diego and National City, and once submitted to SANDAG, the Board has 60 days to accept or reject the Plan. In general, a local jurisdiction is required by state law to prepare and adopt a deficiency plan when a freeway segment on the regional Congestion Management Program (CMP) system fails to meet the applicable Level of Service (LOS) standard. A deficiency plan is required to include, among other things, a list of improvements necessary to correct the deficiency and relieve congestion, alternate options to reduce trips on the network, and an action plan for implementing identified improvements. The Plan draws from several sources to identify improvements necessary to relieve congestion and meet CMP standards. This includes the MOBILITY 2030 Regional Transportation Plan (RTP) and the Central 1-5 Corridor Study. Identified Improvements in the Freeway Deficiency Plan are shown on Exhibit A and include: 1 Adopted in the RTP • Auxiliary lanes on I-5 through National City • Two HOV lanes on all of 1-5 • Missing freeway connectors at 1-8 and 1-5 Not Adopted in the RTP • Two general purpose lanes south of 1-15 (lack of funding) • Widening SR 163 • Centre City Collector Distributor Ramp System • Missing freeway connectors at SR 94 and 1-5 While SANDAG's technical studies have identified that these improvements would relieve congestion on the freeway, not all of the projects have universal approval of the agencies and affected communities. In cases like this when proposed projects are too expensive or include large potential impacts, all Freeway Deficiency Plans include alternative ways to improve system performance, whether it's Transportation Demand Management measures or improved transit facilities. In any event, eliminating any of the projects from discussion in the Plan could result in an incomplete and legally deficient Freeway Deficiency Plan under state law. An example of the above situation is the identification of widening SR 163 to achieve acceptable CMP levels of service. Although this measure would relieve congestion on SR 163, the Plan acknowledges that "due to environmental and community concerns" the San Diego City Council already removed any consideration of such improvements to SR 163 from the final FSEIR. The "action plan" in the Plan incorporates the existing timeframes from MOBILITY 2030 but acknowledges that both RTP and especially non-RTP projects must still undergo environmental review, identification of available funding, and further input from the community. Even without a firm commitment to the specific projects, the Plan still serves its intended purposes because it identifies a broad range of technically feasible measures that local jurisdictions can consider as they address congestion issues in the future. In summary, preparation of this particular Freeway Deficiency Plan will comply with the requirements of: (1) the FSEIR for the Ballpark, and (2) state law governing congestion management programs. Mike Hix, SANDAG Senior Project Manager will be at the Public Hearing to further clarify or answer any questions Council may have. 2 EXHIBIT "A" Freeway Deficiency Plan Draft Central Interstate 5 Corridor Study San Diego's Regional Planning Agency Freeway Deficiency Plan Draft Central Interstate 5 Corridor Study August 2003 Prepared for: San Diego Association of Governments 401 B Street, Suite 800 San Diego, CA 92101 Prepared by: URS 1615 Murray Canyon Road Suite 1000 San Diego, CA 92108 Table of Contents Executive Summary E-1 E.1 Introduction E-1 E.2 Background and Purpose E-2 E.3 FDP Methodology and Standards E-3 E.4 Causes of Freeway Deficiencies E-7 E.5 FDP Freeway Improvements E-9 E.6 FDP Operational and Non -Highway Improvements E-14 E.7 Summary of Recommended Improvements E-15 E.8 FDP Phasing Plan and Implementation Strategy E-15 1.0 Introduction and Setting 21 1.1 Basis for Freeway Deficiency Plan 21 1.2 Multi -Jurisdictional Participation 25 1.3 Report Organization 26 2.0 Deficiency Analysis 26 2.1 Freeway Segment Level of Service Definition 26 2.2 Significance Criteria 28 2.3 Summary of Identified Deficiencies and Impacts 29 2.4 Causes of Freeway Deficiencies 43 3.0 Screening of Actions 45 3.1 Summary of Improvement Alternatives from 2030 RTP 46 3.2 Summary of Improvement Alternatives from I-5 Corridor Study 48 4.0 Evaluation of Suitable Impacts 58 4.1 Summary of 2030 RTP Improvements 58 4.2 Summary of I-5 Corridor Study Improvements 58 4.3 Summary of Other Improvements to Achieve Minimum LOSE 59 4.4 Summary of FDP Operational and Non -Highway Improvements 66 5.0 Action Plan 67 List of Figures Figure E.1 General Study Area Map and FDP Freeway Corridors E-5 Figure 1.1 Study Area Map 23 Figure 2.1 Existing I-5 Corridor Deficiencies — AM Peak Hour 35 Figure 2.2 Existing I-5 Corridor Deficiencies — PM Peak Hour 37 Figure 2.3 Future Year 2020 Conditions, I-5 Freeway Deficiencies — AM Peak Hour 39 Figure 2.4 Future Year 2020 Conditions, I-5 Freeway Deficiencies — PM Peak Hour 41 Figure 3.1 Freeway Enhancement Alternative 51 V List of Tables Table E.1 Summary of Existing and Future LOS Conditions E-7 Table E2 Summary of Freeway Deficiency Plan Analysis by Segment Proposed Improvements From 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario E-11 Table E.3 Summary of Freeway Deficiency Plan Analysis by Segment Proposed Improvements From Central I-S Corridor Study E-12 Table E.4 Summary of Freeway Deficiency Plan Analysis for Remaining LOS "F" Segments After 2030 RTP and Central I-5 Corridor Study Improvement E-13 Table E.5 Summary of Freeway Segment Deficiencies and • Recommended Improvements E-17 Table E.6 Freeway Deficiency Plan Recommended Improvement Phasing Plan E19 Table 2.1 Caltrans District 11 Freeway Segment Level of Service Definitions 26 Table 2.2 Summary of Existing and Future LOS Conditions 29 Table 2.3 Summary of Year 2002 Freeway Analyses (Non -Event) Ballpark and Ancillary Development Project Focused Study Area 31 Table 2.4 Summary of Cumulative Buildout Conditions Freeway Analyses (Non -Event), Ballpark and Ancillary Development Project Focused Study Area 32 Table 2.5 Summary of Expanded Analysis of CMP Impact on the Regional Freeway System, Near -Term (2002) and Cumulative Buildout Conditions (Non -Event), Ballpark and Ancillary Development Projects 33 Table 2.6 Regional and Central I-5 Corridor — Population and Employment Projections 43 Table 2.7 Centre City Growth Projections 43 Table 2.8 Daily Person Trips Central I-5 Corridor 44 Table 3.1 Central I-S Corridor Study Summary of Recommended Plan 53 Table 4.1 Summary of Freeway Segment Deficiencies and Recommended Improvements 60 Table 4.2 Summary of Freeway Deficiency Plan Analysis by Segment Proposed Improvements Based Upon 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario 62 vii Table 4.3 Summary of Freeway Deficiency Plan Analysis by Segment Proposed Improvements Based Upon Central I-5 Corridor 63 Table 4.4 Summary of Freeway Deficiency Plan Analysis for Remaining LOS "F' Segments, After 2030 RTP and Central I-5 Corridor Study Improvement 65 Table 5.1 Freeway Deficiency Plan Recommended Improvement Phasing Plan 69 Table 5.2 Phasing Concept for Central I-5 Corridor Study Improvements 70 Draft Central I-5 Corridor Study Freeway Deficiency Plan EXECUTIVE SUMMARY E.1 Introduction The Final Subsequent Environmental Impact Report (SEIR) for the Ballpark and Ancillary Development Projects and Associated Plan Amendments, dated October 26, 1999, required the development of a Freeway Deficiency Plan (FDP). As described in this mitigation measure, this FDP shall be prepared for the freeway systems serving Centre City. Mitigation Measures 13.1-5 and 13.1-6 of the Mitigation Monitoring and Reporting Program for the Ballpark and Ancillary Development Projects and Associated Plan Amendments require the following: 13.1-5 Caltrans, San Diego Association of Governments (SANDAG), and the City of San Diego shall prepare a FDP which identifies both near -term and long-term capacity improvements and programs to improve the freeway system serving Centre City. Possible improvements may include: • Enhanced alternate mode service and facilities (e.g., trolley, express bus, bicycle, and pedestrian); • Enhanced Transportation Demand Management (TDM) measures to reduce peak hour congestion, such as carpooling, vanpooling, parking restrictions, staggered work hours, and telecommuting; • Increased carrying capacity on I-5, SR-94, and I-15; • Improved/reconfigured freeway on -ramps and off -ramps; and • Modifying peak hour flow rates at freeway ramp meters, in conjunction with increased mainline capacity, to maximize egress from surface streets connecting to freeway on -ramps. 13.1-6 Improvements and programs identified in the FDP shall be carried out in accordance with the implementation program included as part of the Plan. In addition to this mitigation requirement from the SEIR, this FDP satisfies another requirement imposed by the State of California Congestion Management Program (CMP). In the San Diego region, the CMP established LOS "E" as the standard for the freeways in the CMP roadway system, except for segments that were at LOS "F' in 1991 CMP base year. In those cases, LOS "F" would be the standard for those segments. For new segments added after the 1991 base year LOS was established, the standard shall be LOS "E". The LOS is measured as the highest peak hour (AM or PM) in the heaviest travel direction. E-1 In the CMP, a deficiency plan is required whenever a freeway segment on the CMP system fails to meet the CMP Level of Service (LOS) standard and is designated as a "deficient segment" after allowing for certain statutory exclusions. Further, roadway segments designated as "deficient segments" should be grouped into common sub -areas or corridors based upon the following criteria: • The segments are contiguous or share a common CMP route • The segments are grouped near intersecting CMP routes • The segments are included in a previously defined study area. In conjunction with Caltrans and SANDAG, the City of San Diego recommended the facilities to be included in this FDP. While the detailed deficiency analysis conducted in the Traffic Analysis for the Ballpark and Ancillary Development Projects considered both local roadways and freeway facilities, the portions of the analysis summarized in the FDP relate only to the major CMP freeway routes. The segments analyzed in conjunction with the Ballpark and Ancillary Development Projects and included within this FDP are I-5 between Sea World Drive and SR-54, SR-163 between Genesee Avenue and I-5, SR-94 between 17th Street and Massachusetts Avenue, and I-15 between I-805 and SR 94. Figure E.1 highlights the freeway corridors included in this FDP along with key study area activity centers. E.2 Background and Purpose As stated above, the primary factor which required the preparation of this FDP was the mitigation requirement from the SEIR for the San Diego Ballpark Project. The discussion below provides background on this project and describes the linkage between the Ballpark Project and the Central I-5 Corridor Study. The planned Ballpark and Ancillary Development Projects are located in the East Village area of downtown San Diego. The proposed activities are to be located in an area roughly bounded by Sixth Avenue, Market Street, Interstate 5, and Commercial Avenue/Harbor Drive. The proposed construction consists of two basic components. The first, the Ballpark Project, is composed of a new ballpark and related retail, entertainment center, and parking facilities. The second component, the Ancillary Development Projects, consist of facilities around the Ballpark Project, including hotels, office, research and development, residential, and retail. For the Ballpark and Ancillary Development Projects traffic analysis, both non-event and event conditions were analyzed to determine resulting impacts. This FDP focuses on the non-event condition because event conditions would not occur on a regular daily basis, and the City of San Diego is developing a formal Event Traffic Management Plan (ETMP) to address the traffic generated by special events. To accomplish the SEIR mitigation requirement to prepare an FDP, SANDAG and the City of San Diego included the development of this plan as a scope element within the Work Program established for the Central I-5 Corridor Study. The Central I-5 Corridor Study was conducted under the direction of SANDAG and Caltrans, with participation by the Centre City Development Corporation (CCDC), the Metropolitan E-2 Transit Development Board (MTDB), the San Diego Unified Port District, and the cities of San Diego, National City, and Chula Vista. The primary issues that led to initiation of the Central I-5 Corridor Study were related to access and mobility and the desire to enhance the economic vitality of the Corridor and the region as a whole. The purpose of the study was to identify short- range and long-range actions to reduce traffic congestion on freeways, interchanges, and arterials that provide regional access to Centre City and other corridor activity centers, including San Diego International Airport (Lindbergh Field), the San Diego_ Unified Port District marine terminals at 10th Avenue in San Diego and Bay Marina Drive in National City, and the Old Town Transit Center. As a component of the Central I-5 Corridor Study work program, this FDP was prepared under the direction of Caltrans, the City of San Diego, and SANDAG. The FDP is based in large part on the analysis in the Central I-5 Corridor Study. A Policy Committee, composed of staff and elected officials from local agencies and jurisdictions, met at key points during the Central I-5 Corridor study process to provide direction and guidance. Meetings with technical staff from the agencies and jurisdictions were also convened at periodic points in the study process to review analysis findings at a more technical level of. detail. As part of the review process, the cities of San Diego and National City must approve the contents and recommendations of the FDP. Ultimately, this FDP must be accepted by SANDAG, acting as the Congestion Management Agency (CMA) for the San Diego region. The SEIR has stipulated that the FDP be accepted prior to the issuance of an occupancy permit by the City of San Diego for any ballpark -related development. E.3 FDP Methodology and Standards For the purpose of this FDP, the Ballpark Project SEIR Large Project traffic analysis provided a general guide in determining the extent of the influence area and the resulting freeway facilities to be included in this FDP analysis. Table E.1 lists each individual "deficient" freeway segment included in the FDP study area. This table also identifies the jurisdictional location of each FDP study segment. Inclusion in the FDP as a deficient freeway segment is triggered by either of two conditions: a. The segment has an existing LOS deficiency - i.e., LOS "F." SANDAG has identified any freeway segments that currently operate at LOS "F," and these segments are shaded in the column titled "Year 1999 CMP LOS." b. The segment has been identified in a Large Project Traffic Analysis (i.e., San Diego Ballpark and Ancillary Development Projects and Associated Plan Amendments SEIR dated October 26, 1999) as experiencing a significant impact (future LOS F) due to the project. For the purposes of this FDP, this means that the traffic analysis for the Ballpark Project SEIR found the segment to be impacted by the project under either opening year (2002) or buildout non-event conditions. As shown in Table E.1, every freeway segment included in this FDP is projected to operate at LOS "F" in either the near term or buildout time frames. The table also indicates that a number of segments are triggered separately by each of the two criteria. E-3 -.. 0I. .I . ali tx7eiii 110111NOMMAKED' ii.17.etITO f ,A .a.4.,:..“ - otiamearze..idle Table E.1 Summary of Existing and Future LOS Conditions Route 1-5 Limits Sea World Drive to l-8 Jurisdiction City of San Diego Year 1999 Carp j oStt ;,;,; E Opening Year Non -Event Projected LOS(2), F BuildoutNon-,cent Projected LOS(2) F I-8 to Washington City of San Diego E F F Washington to Laurel City of San Diego E F F Laurel to SR-163 City of San Diego F F F SR-163to SR-94 City of San Diego F E F SR-94 to Imperial City of San Diego F F F Imperial to Crosby City of San Diego F E F Crosby to 28t Street City of San Diego E D F 28t Street to I-15 City of San Diego F F F 1-15 to 16'" Street City of San Diego/ National City F F F 16t Street to SR-54 National City F F F SR-163 Genesee Avenue to Friars Road City of San Diego F F F Friars Road to I-8 City of San Diego E F F 1-8 to Washington City of San Diego F F F Washington to I-5 City of San Diego F F F SR-94 17t Street to 28t Street City of San Diego E F F 28t Street to 1-15 City of San Diego E F F I-15 to 1-805 City of San Diego F F F 1-805 to Euclid Avenue City of San Diego F F F Euclid Avenue to College Avenue City of San Diego/ Lemon Grove F F F College Avenue to Massachusetts Avenue Lemon Grove/La Mesa F F F 1-15 I-805 to SR-94 City of San Diego C E F ource: UKS, Marc n ZUW. Notes: tU Existing LOS conditions established by the SANDAG 1999 Congestion Management Program Update and based upon Year 1998 traffic data. rn Future LOS conditions derived from the Downtown San Diego Ballpark Traffic and Parking Studies, Project Traffic Study, Final Technical Report dated May 1999. E.4 Causes of Freeway Deficiencies As documented in the Central I-5 Corridor Study, existing and future year freeway deficiencies are a function of high levels of travel demand coupled with limited freeway capacity and outdated and/or substandard freeway geometries. Corridor Travel Demands Travel demands are a result of population and employment growth both within the corridor and throughout the region. The following table displays existing year 2000 and forecast year 2020 population and employment projections for the study corridor and the region as a whole. E-7 Population Employment 274,560 236,510 Regional and Central I-5 Corridor Population and Employment Projections 2,946,550 1,171,000 363,600 266,070 3,853,300 1,485,400 rr; 32.4% 12.5% Rcgia 30.8% 26.8% Source: SANDAG, Series 9, September 2001. As shown, population in the study corridor is projected to increase over existing levels by 32.4 percent by the year 2020. In addition, corridor employment is projected to increase 12.5 percent over existing levels by the year 2020. The following table displays the growth of office, retail, and housing within the Centre City, one of the primary focal points of growth in the Central I-5 Corridor. Centre City Growth Projections iyeveloptnent Type Office (square feet) Retail (square feet) Housing Units 11.8 million 4.4 million 6,600 2020 18.1 million 4.7 million 28,600 52.8% 6.8% 333.3% Source: SANDAG, CCDC, September 2001. As shown, Centre City office space is projected to increase by 52.8 percent by the year 2020, with projected retail space in the Centre City increasing by 6.8 percent. The projected increase in Centre City housing units is very significant, from 6,600 units to 28,600 units by 2020, representing over a three -fold increase over the 20-year timeframe. This increase in Centre City housing units will be beneficial by reducing trip lengths and the number of work trips commuting from outside the corridor. The following table displays the projected number of person trips (work and non -work purposes) for the existing year 2000 and the forecast year 2020, along with the percentage growth over existing year 2000 levels. Daily Person Trips Central I-5 Corridor Non -Work Total 2,625,500 2,977,300 3,147,200 3,556,400 dcrease 16.4% 20.0% 19.5% Source: SANDAG, August 2001. E-8 As shown, approximately 3.0 million trips currently take place in the corridor on a daily basis. By the year 2020, the number of trips will increase by 20 percent to 3.6 million. As expected, the vast majority of these trips have either an origin or destination within the corridor, with approximately 25 percent of the trips focused on the Centre City area. Less than 10 percent of the corridor's trips are through trips, or trips just passing through the corridor, between SR-54 and I-8. The I-5 freeway provides the primary regional access to the corridor's major activity centers, including Centre City, the airport, Old Town, and the marine terminals at Tenth Avenue and National City. The I-5 freeway also is a major connecting route to regional freeways, including SR-54, I-15, SR-94, SR-163, and I-8. Freeway Congestion In addition to the impacts associated with the population, employment, and development growth discussed above, congestion along the various freeway segments within the study area is generally a factor of the following: 1. Areas of capacity constraint wherein traffic flows exceed the carrying capacity of the freeway, as depicted by volume/capacity (v/c) relationships. The resulting high traffic densities restrict traffic flows, limit the ability to change lanes, and result in degraded travel speeds. Locations where capacity is reduced due to lane drops and termination of auxiliary lanes can be particular problems. 2. Merge and diverge conflicts at ramp junctions. At ramps, heavy volumes of merging vehicles entering the freeway traffic flows can create turbulence in the traffic flows. Approaching freeway vehicles must often shift lanes to the left to avoid this turbulence. Diverging vehicles at exit ramps also create turbulence, as exiting vehicles move right and through vehicles move left to avoid potential turbulence. 3. Deficient spacing between entry and exit ramps and corresponding poor weave section operations. The various weave merge and diverge movements cause "turbulence" which constrain traffic flow. Overall PM peak hour traffic flows on the I-5 freeway facility are constrained in the southbound direction generally between Pacific Highway in the north and SR-54 to the south. Major bottlenecks in the "S curve" through the downtown area occur due to merging and diverging traffic and heavy traffic flows to the South Bay. In a similar manner during the AM peak hour, northbound congestion occurs due to heavy traffic flows out of the South Bay and various conflicts with merging and weaving traffic. E.5 FDP Freeway Improvements Once the FDP deficient freeway segments were identified, it was necessary to identify a freeway improvement concept to mitigate the capacity deficiency of each segment. The improvement concept for the deficient freeway segments was derived from one of three sources: a. Improvements contained in the 2030 Regional Transportation Plan (RTP) "Reasonably Expected" Revenue (MOBILITY) Scenario. b. Additional improvement projects recommended in the Central I-5 Corridor Study. E-9 c. Other "Improvements to Achieve Minimum LOS E." Unlike "Reasonably Expected" improvements, these long-term projects are not included in the 2030 RTP and are unfunded at the present time. The FDP also includes operational and non -highway improvements which are discussed in a following section. Table E.2 summarizes the deficiencies which would be addressed by improvements contained in the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario. This table also repeats the columns contained in Table E.1, and adds four new columns under the heading, "2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario." The first column under this heading, "Description of Improvement," summarizes the improvement concept, if any, proposed in the RTP. The next column provides an estimated cost to implement the identified improvement. The next two columns show the resulting AM and PM peak hour LOS by direction for the year 2030 (the time horizon of the SANDAG RTP). For seven of the segments with proposed improvements, the 2030 AM and PM peak LOS is acceptable in both directions. Eight segments on I-5, however, would still experience a directional LOS "F" during at least one peak period. Four segments of SR-163 (for which no improvements are listed in this table) also operate at LOS "F." Each of the 12 "failing" segments is shaded in the appropriate columns. To achieve LOS E or better, these 12 segments on both I-5 and SR-163 would require additional improvement actions beyond those included in the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario. Table E.3 summarizes the LOS results based upon implementation of the Central I-5 Corridor Study recommended improvements between Sea World Drive and SR-54, in addition to the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario (Table E.2). The exception is on Interstate 5 itself, where the RTP and the Central I-5 Corridor Study both recommend adding two lanes, but with different functions. The Central I-5 Corridor Study recommended two general purpose lanes, while the RTP recommends two HOV lanes. SANDAG will conduct further analysis of the feasibility and costs of HOVs in this particular corridor. In either case, the additional two lanes on I-5 shown in Table E.2 are not repeated in Table E.3. Table E.3 also shows the estimated cost of each improvement project. As shown, all freeway segment deficiencies except those on SR-163 would be mitigated by improvement projects recommended in a combination of the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario and the Central I-5 Corridor Study. Table E.4 addresses the additional long-term improvements on SR-163. This table contains the same information found in the corresponding columns of Table E.1, with identification of other improvements which would result in a long-term LOS of E or better. As shown, widening of SR-163 would be necessary to address the existing and projected deficiencies. It is important to note that earlier studies determined that no widening of SR-163 will occur through Balboa Park due to environmental constraints and community concerns, and there is no recommendation to widen SR-163 between I-5 and Genesee Avenue at this time. E-10 I.8 to Washington Washington to Laurel Laurel to SR-163 SR-163 to SR-94 Table E.2 Summary of Freeway Deficiency Plan Analysis by Segment Proposed Improvements From 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario City of San Diego SR-94 to Imperial Imperial to Crosby Crosby to 28t Street 28th Street to I-15 City of San Diego City of San Diego E City of San Diego 1-15 to 16th Street SR-163 SR-94 City of San Diego E Opening Vent. ' '?' Non-F,vent Rniidout Nnn F E F City of San Diego City of San Diego l6'" Street to SR-54 Genesee Avenue to Friars Road Friars Road to I.8 1-8 to Washington City of San Diego F F F City of San Diego/National City National City F E City of San Diego Washington to I-5 17'" Street to 28th Street 28w Street to 1-15 1-15 to I.805 1-805 to Euclid Avenue City of San Diego F F F E F F F E D F City of San Diego Euclid Avenue to College Avenue College Avenue to Massachusetts Avenue 1-15 City of San Diego City of San Diego E F City of San Diego City of San Diego I.805 to SR-94 City of San Diego City of San Diego/Lemon Grove Lemon Grove/La Mesa 2030 RTP "Reasonably Expected" Revenue (MOBILITY)ScenaHot'r Dcacr1pt1mi of improvement. New east -north and south- west freeway connectors at I.8 Construct 2 HOV Lanes Cost, . ,:(S;bn' S200 F F Construct 2 HOV Lanes Construct 2 HOV Lanes F F F E F F F F F F E City of San Diego. F Construct 2 HOV Lanes Construct 2 HOV Lanes Construct 2 HOV Lanes Construct 2 HOV Lanes F F F F F F Construct 2 HOV Lanes F F F F F Construct 2 NOV Lanes Construct 2 HOV Lanes F F F F F F F F Construct 2 HOV Lanes n/a n/a F E F F F F UNKt"1 Resulting Level of Servke AM LOS NB/SB'or EB/WB C/C E/C NR/SB Or: EB/WB. D/D E/C E/C E/D E/D D/E .t n/a n/a Construct 2 HOV Lanes Construct 2 HOV Lanes F Construct 2 HOV Lanes Construct 2 HOV Lanes Construct 2 HOV Lanes Construct 2 HOV Lanes s: C/E WD D/E $500 Construct 2 HOV Lanes Construct new south-west and east -north HOV connectors at SR 94 $290 A/C D/B A/C A/E $150 A/E WE B/D D/B C/C BB E/C D/C D/C CB Source: SANDAG, March 2003. Notes: n> Existing LOS conditions established by the SANDAG 1999 Congestion Management Program Update and based upon Year 1998 traffic data. (2) Future LOS conditions derived from the Downtown San Diego Ballpark Traffic and Parking Studies, Project Traffic Study, Final Technical Report dated May 1999. (3) Future recommended improvements and resulting LOS conditions derived from the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario, Spring 2003. Gray shading highlights the segments that are anticipated to remain impacted after the implementation of the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario. (4) UNK: Unknown at this time. Cost estimates for constructing the I-5 HOV lanes are not currently available. Table E.3 Summary of Freeway Deficiency Plan Analysis by Segment Proposed Improvement's From Central I-5 Corridor Study Route Limits Jurisdiction City of San Diego � r ' 1999 t> E .Opening . Year Non- Events Projected LOS(2) F Dui!Joni : Non -Event' Projected LOS(2) F Central A- rridor Study Recommended Improvements Co tat Resulting AM LOS NB/SB B/C Year 2020 Level of Service /S PM LOS NBB C/C — Description of Improa ements Reconfigure Sea World Drive Interchange _ Cost SM $5 1-5 Sea World Drive to I-S New SB-WB and EB-NB connectors at I.5/I-8, widen ramps at 1-5/I.8 $200 I-8 to Washington City of San Diego E F F Reconfigure Old Town Ave and Washington St interchange $12 C/C D/D Old Towne Transit Center Access Improvements $30 Washington to Laurel City of San Diego E F F Airport Access Improvements $125 C/C D/D Laurel to SR-163 City of San Diego F F F Reconfigure First Ave/Hawthome St interchange $10 D/C E/D SR-163 to SR-94 City of San Diego F E F Centre City Collector -Distributor System $177 E/B C/C SR-94 to Imperial City of San Diego F F F Centre City Collector -Distributor System $173 DM D/C Tenth Ave. Marine Terminal Access Improvements $160* Imperial to Crosby City of San Diego F E F Tenth Ave. Marine Terminal Access Improvements $160° D/B D/C Crosby to 28th Street City of San Diego F D F Tenth Ave Marine Terminal Access Improvements $160* D/B D/C 28's Street to 1-15 City of San Diego E F F New NB auxiliary lanes from SB-15 to National Ave and SB auxiliary lanes from S" St to Cleveland Ave $30 E/A B/E 1-15 to l6th Street City of San Diego/ National City F F F New NB auxiliary lanes from 7"/8th Street to Division Street $30* E/A B/D Add 2 General Purpose Lanes(4) $60 I6w Street to SR-54 National City F F F New NB & SB auxiliary lanes between Bay Marina Drive and Harbor Drive $30° E/A B/D Add 2 General Purpose Laneat4l $70 SR-163 Genesee Avenue to Friars Road City of San Diego F F F :iii: "xj::<:<>:a"3::>:::::::> ";VRigniN '' '' `y`t":.'"".' Friars Road to L8 City of San Diego E F F n/a I-8 to Washington City of San Diego F F F n/a D/E WOW ;::,:'f ti.,;:';:it<%l'e's>r Washington to 1-5 City of San Diego F F F n/a F 'E `?"aggi zl _ ......: ---- ource: UKJ, Marc n o, zuw. Notes: (I) Existing LOS conditions established by the SANDAG 1999 Congestion Management Program Update and based upon Year 1998 traffic data. (2) Future LOS conditions derived from the Downtown San Diego Ballpark Traffic and Parking Studies, Project Traffic Study, Final Technical Report, dated May 1999. (3) Future recommended improvements and resulting LOS conditions derived from the Central 1-S Corridor Study, dated November 2002. t't The Cent ')Corridor Study recommends widening to accommodate two additional lanes on these segr for a total of 12 lanes. Costs pro are for entire corridor, not specific to the subject section. Table E.4 Summary of Freeway Deficiency Plan Analysis for Remaining LOS "F" Segments After 2030 RTP and Central I-5 Corridor Study Improvement SR-I63 1-5 to. Washington Washington to 1-8 I.8 to Friars Road Friars Road to Genesee Avenue City of San Diego City of San Diego City of San Diego City of San Diego F F F F Opening fear f�Mt }"verlt�`r� r$ try,,,)_, F F F F Bidtth mf Non r l vent Prejcrti�cl I.(iY'``' F F F F Concept Improvements to Achieve Minimutn LOS "E"t)"' , Resulting Ultimate 7cerr€ption of Level' orSelvice women! Widen to 6 lanes Widen to 6 lanes") Widen to 10 lanes Widen to 10 lanes AM E or better E or better E or better E or better PM E or better E or better E or better E or better Notes: (() (2) (3) (4) Source: URS, March 6, 2003. Existing LOS conditions established by the SANDAG 1999 Congestion Management Program Update and based upon Year 1998 traffic data. Future LOS conditions derived from the Downtown San Diego Ballpark Traffic and Parking Studies, Project Traffic Study, Final Technical Report dated May 1999. Future concept improvements and resulting LOS conditions based upon requirements to achieve operating conditions of LOS "E" or better. No facility improvement cost estimate has been prepared nor is any widening planned. Due to environmental and community concerns, the San Diego City Council removed any recommended improvements to SR-163 in the Ballpark Final SEIR. E.6 FDP Operational and Non -Highway Improvements In addition to the highway capital improvements noted on Tables E.2 and E.3, the improvements derived from both the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario and the Central I-5 Corridor Study also included a comprehensive set of freeway operational improvements, in addition to an expanded focus on alternative modes and travel demand management (TDM) strategies as follows: ® Mobility 2030 Regional Transit Vision (RTV) - The RTV, as a significant component of Mobility 2030, calls for a network of fast, flexible, reliable, and convenient transit services connecting the region's major employment and activity centers. The Mobility 2030 Plan includes an extensive network of managed/HOV lanes on the highway system designed to accommodate transit services as well as carpools and vanpools. The plan also includes an emphasis on demand management strategies to reduce peak period travel and to change when and how people travel. New and/or improved transit routes as identified in the RTV within the FDP study area include: a. Increase in existing Coaster service b. Increase in existing and planned Blue Line Trolley service c. Mid -Coast from Old Town to Sorrento Mesa d. Old Town to Kearny Mesa via Mission Boulevard/Balboa Avenue e. Old Town to Kearny Mesa via Linda Vista f. Coronado and Centre City to Sorrento Mesa via Hilicrest/Genesee. ® Central I-5 Corridor Study — In addition to improvements on I-5, the recommended plan includes a comprehensive set of corridor improvements incorporating a variety of multi - modal options focused on improving access to key activity centers and enhancing mobility throughout the corridor, including: a. An extensive set of transit system improvements consistent with the Mobility 2030 RTV. b. Improvements to adjacent parallel arterials to facilitate more efficient utilization, including intersection enhancements and signal coordination. c. An extensive set of operational improvements including metering of freeway on -ramps, additional auxiliary lanes, and ramp interchange enhancements to improve freeway merge and diverge movements. d. Travel demand management (TDM) strategies, including implementing a Centre City TDM program for promotion of transit, rideshare, flextime, and telecommuting. I E-14 E.7 Summary of Recommended Improvements Table E.5 summarizes the FDP triggers that apply to each freeway segment, identified long- range freeway capital improvements for each segment by source, and the year 2030 LOS that would result from implementation of the improvements, in addition to the operational and non - highway improvements incorporated within both the Mobility 2030 and Central I-5 Corridor Study. Assuming that the recommended improvements are technically and financially feasible, each identified deficient freeway segment would be improved to an acceptable LOS of E or better. E.8 FDP Phasing Plan and Implementation Strategy Table E.6 provides an indication of the anticipated schedule for the phased implementation of the improvements recommended • in the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario. The timeframes shown on Table E.6 are based upon the Final RTP as adopted in March 2003. The improvement concepts identified in the Central I-5 Corridor Study are not included in Table E.6. For these improvements, a preliminary phasing concept was developed by the study indicating the recommended sequence for implementation. Improvements were identified as either Phase 1 (Initial) or Phase 2 (Secondary) priorities based upon the following assumptions: • The Centre City Collector -Distributor System between SR-163 and SR-94 was identified as a Phase 1 improvement, with the portion south of SR-94 identified as a Phase 2 improvement. • Access improvements to the 10th Avenue and National City Marine Terminals were identified as Phase 1 improvements. • The Pacific Highway HOV/busway (Old Town Transit Center access improvements) project was included as a Phase 1 improvement. • I-5 ramp modifications/reconstructions were identified as Phase 2 improvements. • Airport access improvements were identified as Phase 2 improvements based upon previous studies that confirm that the additional improvements beyond those included in the Airport Master Plan Step 1 and Step 2 would not be needed unless Steps 3A or 3B of Airport Master Plan are implemented. • Missing freeway -to -freeway connectors were identified as Phase 2 improvements. It is envisioned that future RTP updates will review the additionally recommended concepts from the Central I-5 Corridor Study and recommend projects for implementation based upon results of further environmental review, available funding, and input from the community. Funding and implementation of the recommended Deficiency Plan improvements will be a joint local and regional effort that will require the use of federal, state, regional, local, and private funding sources. Toward this end, the City of San Diego will: E-15 • Work with SANDAG through the RTP and Regional Transportation Improvement Program (RTIP) processes to advance and fund the recommended Deficiency Plan improvement projects. • To the extent possible and using local or private funds, consider Deficiency Plan recommen- dations when developing annual and multi -year capital improvement programs. • Advocate and, to the extent possible,. fund Transportation Demand Management and Transportation System Management strategies to provide interim congestion relief until longer -term Deficiency Plan recommendations can be implemented. • Work with SANDAG to identify new funding sources and advocate the allocation of these funds for Deficiency Plan improvements. • Work with SANDAG to implement new congestion mitigation strategies resulting from the study currently underway to develop a Toolbox of mitigation strategies to address congestion within the San Diego region. E-16 Table E.5 Summary of Freeway Segment Deficiencies and Recommended Improvements iRuute limits Year1999 CMP ,; LOS m Opening ;Year Non Bu'Id ut(based o o mmended 2030 Reco brrr�rnsemcnts entrat I-S Corridor Study Reconfigure Sea World Dr interchange; new S-W and E-N connectors at I-5/1-8; widen ramps at I-5/1-8 - . (hasedupon implementation- of all im rot ementc • PM (NB/SB or EB/WB) C/C Prulect�d, ', Projected ,. LOS(2) ' ""LOS(z' Expected" 20311 RTP "Rcasonablv'Ex a Res enuc (MOBILITY) Scem cno Construct two HOV lanes; new E-N and S-W freeway connectors at I-8 AM (NB/SB or EB/WB) B/C I-5 Sea World Drive to I-S E F F I-S to Washington E F F Construct HOV lanes Reconfigure Old Town Ave & Washington St interchange; Old Town transit center access improvements C/C D/D Washington to Laurel E F F Construct HOV lanes Airport access improvements C/C D/D Laurel to SR-163 F F F Construct HOV lanes Reconfigure First Ave/Hawthome St interchange D/C E/D SR-163 to SR-94 F E F Construct HOV lanes Centre City Collector -Distributor System EB C/C SR-94 to Imperial F F F Construct HOV lanes 10" Ave Marine Terminal access improvements D/B D/C Imperial to Crosby F E F Construct HOV lanes 10" Ave Marine Terminal access improvements D/B D/C Crosby to 28" Street E D F Construct HOV lanes 10" Ave & National City Marine Terminal access improvements DM D/C 28" Street to I-15 F F F Construct HOV lanes New NB au xiliary lanes from SR 15 to National Ave & SB aux. lanes from 8th St to Cleveland Ave E/A B/E I-15 to 16" Street F F F Construct HOV lanes Add 2 General Purpose lanes; new NB auxiliary lanes from 7th/8th St to Division St E/A B/D 16" Street to SR-54 F F F Construct HOV lanes Add 2 General Purpose lanes; new NB & SB auxiliary lanes between Bay Marina Dr & Harbor Dr E/A B/D Table E.5 (continued) Summary of Freeway Segment Deficiencies and Recommended Improvements XZoute �thits �r Year 1999 CMP�Etrnt_ LOS i Opening enin , Year Non- Buililout Nan-Etcnt Protected LOS(2) F 'esu trg Recommended 203( Impro%orients (based t �� _ _ ofaiim oninplemcntation P iovements -e o nice ) Projected ;Projected �; LOS") .-2030 RTP `Reasonably Expected" Revenue (MOBILITY) Scenario I No identified improvements Central I-. Corridor Studs i No identified improvements AM (NB/SB or EB/WB) '� n/a PM (NB/SB or EB/WB) n/a SR-163 Genesee Ave to Friars Rd F F Friars Road to I-8 E F F I-8 to Washington F F F Washington to I-5 F F F SR-94 17th Street to 28th Street E F F Construct HOV lanes 2030 Reasonably Expected Improvements A/C DB 28a' Street to I-15 E F F Construct HOV lanes 2030 Reasonably Expected Improvements A/C D/B I-15 to I-805 F F F Construct HOV lanes 2030 Reasonably Expected Improvements A/E C/C I-805 to Euclid Avenue F F F Construct HOV lanes 2030 Reasonably Expected Improvements A/E E/C Euclid Ave to College Ave F F F Construct HOV lanes 2030 Reasonably Expected Improvements B/E D/C College Avenue to Massachusetts Avenue F F F Construct HOV lanes 2030 Reasonably Expected Improvements B/D D/C I-15 I-805 to SR-94 C E F Construct HOV lanes; construct new S-W & E-N HOV connectors at SR-94 2030 Reasonably Expected Improvements BB CB Source: URS, March 6, 2003. Notes: (n Existing LOS conditions established by the SANDAG 1999 Congestion Management Program Update and based upon Year 1998 traffic data. m Future LOS conditions derived from the Downtown San Diego Ballpark Traffic and Parking Studies, Project Traffic Study, Final Technical Report dated May 1999. Table E.6 Freeway Deficiency Plan Recommended Improvement Phasing Plan --Route- Limits 2ecomnended 2030 RIP "Reasonnbh E",I>erted" Revenue (MOBILITY) Scenario Improeenrents �r� ;" 2 HOV lanes • ecnmmen _�_ Timeframe(Year 2019 21114 e mp emen on , to 202112030 2015 2D2t) r X 1-5 Sea World Drive to I-8 Construct Construct new E-N and S-W freeway connectors at I-8 X I-8 to Washington Construct 2 HOV lanes X Washington to Laurel Construct 2 HOV lanes X Laurel to SR-163 Construct 2 HOV lanes X SR-163 to SR-94 Construct 2 HOV lanes X SR-94 to Imperial Construct 2 HOV lanes X Imperial to Crosby Construct 2 HOV lanes X Crosby to 28th Street Construct 2 HOV lanes X 28th Street to I-15 Construct 2 HOV lanes X I-15 to 16a` Street Construct 2 HOV lanes X 16th Street to SR-54 Construct 2 HOV lanes X SR-163 Genesee Ave to Friars Rd No improvements recommended (3) (3) (3) Friars Road to I-8 I-8 to Washington Washington to 1-5 SR-94 17th Street to 28th Street Construct 2 HOV lanes X 28th Street to I-15 Construct 2 HOV lanes X I-15 to 1-805 Construct 2 HOV lanes X I-805 to Euclid Avenue Construct 2 HOV lanes X Euclid Ave to College Ave Construct 2 HOV lanes X College Avenue to Massachusetts Avenue Construct 2 HOV lanes X 1-15 I-805 to SR-94 Construct 2 HOV lanes X Construct new S-W & E-N HOV connectors at SR-94 X Source: URS, March 6, 2003. Notes: n1 For other recommended improvements listed in Tables E.3 and E.5 and not included in the 2030 RIP "Reasonably Expected" Revenue (MOBILITY) Scenario, Section 6.0 of the Central 1-5 Corridor Study Draft Final Report dated November 2002 contains details related to the "Implementation Process" and "Phasing Concept." (r) Recommended implementation timeframe derived from the Final 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario, March 2003. (3) No implementation timeframe for the improvements to SR-163 has been included and no widening is recommended. 1.0 Introduction and Setting Preparation of this Freeway Deficiency Plan was triggered as a requirement of the Final Subsequent Environmental Impact Report (SEIR) for the Ballpark and Ancillary Development Projects and Associated Plan Amendments, dated October 26, 1999. The planned Ballpark and Ancillary Development Projects are located in the East Village area of downtown San Diego. The proposed activities are to be located in an area roughly bounded by Sixth Avenue, Market Street, Interstate 5, and Commercial Avenue/Harbor Drive. The proposed construction consists of two basic components. The first, the Ballpark Project, is composed of a new ballpark and related retail, entertainment center, and parking facilities. The second component, the Ancillary Development Projects, consist of facilities around the Ballpark Project, including hotels, office, research and development, residential, and retail. For the Ballpark and Ancillary Development Projects traffic analysis, both non-event and event, conditions were analyzed to determine resulting impacts. This FDP focuses on the non-event condition because event conditions would not occur on a regular daily basis, and the City of San Diego is developing a formal Event Transportation Management Plan (ETMP) to address the traffic generated by special events. 1.1 Basis for Freeway Deficiency Plan As described in the SEIR, Mitigation Measures 13.1-5 and 13.1-6 of the Mitigation Monitoring and Reporting Program for the Ballpark and Ancillary Development Projects and Associated Plan Amendments require the following: 13.1-5 Caltrans, San Diego Association of Governments (SANDAG), and the City of San Diego shall prepare a FDP which identifies both near -term and long-term capacity improvements and programs to improve the freeway system serving Centre City. Possible improvements may include: • Enhanced alternate mode service and facilities (e.g., trolley, express bus, bicycle, and pedestrian); • Enhanced Transportation Demand Management (TDM) measures to reduce peak hour congestion, such as carpooling, vanpooling, parking restrictions, staggered work hours, and telecommuting; • Increased carrying capacity on I-5, SR-94, and I-15; • Improved/reconfigured freeway on -ramps and off -ramps; and • Modifying peak hour flow rates at freeway ramp meters, in conjunction with increased mainline capacity, to maximize egress from surface streets connecting to freeway on -ramps. 21 13.1-6 Improvements and programs identified in the FDP shall be carried out in accordance with the implementation program included as part of the Plan. In addition to this mitigation requirement from the SEIR, this FDP satisfies another requirement imposed by the State of California Congestion Management Program (CMP). In the San Diego region, all freeway facilities are included in the identified CMP network. The CMP established LOS "E" as the standard for freeways in the CMP roadway system, except for segments that were at LOS "F" in 1991 CMP base year. In those cases, LOS "F" would be the standard for those segments. For new segments added after the 1991 base year LOS was established, the standard shall be LOS "E." The LOS is measured as the highest peak hour (AM or PM) in the heaviest travel direction. In the CMP, a deficiency plan is required whenever a freeway segment on the CMP system fails to meet the CMP Level of Service (LOS) standard and is designated as a "deficient segment" after allowing for certain statutory exclusions. Further, roadway segments designated as "deficient segments" should be grouped into common sub -areas or corridors based upon the following criteria: • The segments are contiguous or share a common CMP route • The segments are grouped near intersecting CMP routes • The segments are included in a previously defined study area. In conjunction with Caltrans and SANDAG, the City of San Diego recommended the facilities to be included in this FDP. The detailed impact analysis conducted in the Traffic Analysis for the Ballpark and Ancillary Development Projects analyzed and recommended necessary mitigation for local roadways, CMP arterial routes, and freeway interchanges. The preparation of a separate FDP was necessary due to the complexity of the process required to analyze freeway operations and develop appropriate improvement strategies. Thus the analysis summarized in this FDP relates only to the major CMP freeway routes. The segments included within this FDP are I-5 between Sea World Drive and SR-54, SR-163 between Genesee Avenue and 1-5, SR-94 between 171 Street and Massachusetts Avenue, and 1-15 between I-805 and SR-94. Figure 1.1 highlights the freeway corridors included in this FDP, along with key study area activity centers. 22 To accomplish the SEIR mitigation requirement to prepare an FDP, SANDAG and the City of San Diego included the development of this plan as a scope element within the Work Program established for the Central I-5 Corridor Study. The Central I-5 Corridor Study was conducted under the direction of SANDAG and Caltrans, with participation by the Centre City Development Corporation (CCDC), the Metropolitan Transit Development Board (MTDB), the San Diego Unified Port District, the San Diego County Regional Airport. Authority, and the cities of San Diego, National City and Chula Vista. The primary issues that led to initiation of the Central I-5 Corridor Study were related to access and mobility and the desire to enhance the economic vitality of the Corridor and the region as a whole. The purpose of this study was to identify short- range and long-range actions to reduce traffic congestion on freeways, interchanges, and arterials that provide regional access to Centre City and other corridor activity centers, including San Diego International Airport (SDIA), the San Diego Unified Port District marine terminals at 10`h Avenue in San Diego and 24th Street in National City, and the Old Town Transit Center. As a component of the Central I-5 Corridor Study work program, this FDP was prepared under the direction of Caltrans, the City of San Diego, and SANDAG. The FDP is based in large part upon the analysis in the Central I-15 Corridor Study. It should be noted that sections of SR-94 east of Euclid Avenue were identified as impacted in the Ballpark SEIR. While the Central I-5 Corridor Study did not address these freeway segments, the Mobility 2030 RTP does include new HOV lanes to improve the levels of service in these areas. In addition, SANDAG will prepare deficiency plans for many of the region's freeway corridors, including all of SR-94. The results of the Ballpark and Ancillary Projects impact analysis, as well as applicable results from the Central I-5 Corridor Study, are discussed in the following sections. 1.2 Multi -Jurisdictional Participation The FDP is based in large part upon the analysis in the Central I-15 Corridor Study and was prepared under the direction of SANDAG and Caltrans, with key participation by the cities of San Diego and National City. A Policy Committee, composed of staff and elected officials from local agencies and jurisdictions, met at key points during the Central I-5 Corridor Study process to provide direction and guidance. Meetings with technical staff from the agencies and jurisdictions also were convened at periodic points in the study process to review analysis findings at a more technical level of detail. As part of the FDP. review process, the cities of San Diego and National City must approve the contents and recommendations of the plan. Ultimately, this FDP must be accepted by SANDAG, acting as the Congestion Management Agency (CMA) for the San Diego region. The SEIR has stipulated that the FDP be accepted by the SANDAG Board prior to the issuance of the certificate of occupancy for the Ballpark. 25 1.3 Report Organization Section 1, Introduction and Setting, describes the project and related study area. Section 2, Deficiency Analysis, provides a summary of the causes, sources, and magnitude of identified impacts. Section 3, Screening of Actions, discusses improvement alternatives to address the identified impacts and maintain minimum level of service requirements, including strategies to enhance multimodal travel and improve air quality in the study area. An estimate of costs for each action is also provided. Section 4, Evaluation of Suitable Impacts, assesses the effectiveness of the proposed actions to remedy the identified deficiencies and improve both level of service and air quality within the study area. Section 5, Action Plan, provides a detailed action plan and schedule for implementation of improvement alternatives discussed in Sections 3 and 4. 2.0 Deficiency Analysis 2.1 Freeway Segment Level of Service Definition The analysis of freeway segment Level of Service is based upon the procedure developed by Caltrans District 11, which incorporates methods described in the 1965 Highway Capacity Manual. The procedure for calculating freeway level of service involves the estimation of a peak hour volume to capacity (v/c) ratio. Peak hour volumes are estimated based upon the application of peak hour, directional, and truck factors to Average Daily Traffic (ADT) volumes. The resulting v/c ratio is then compared to accepted ranges of v/c ratio values corresponding to the various levels of service for each facility classification, as shown in Table 2.1. The corresponding level of service represents as an approximation of existing or anticipated future freeway operating conditions in the peak direction of travel during the peak hour. Level of service E or better is considered an acceptable threshold in determining impacts on the regional freeway system. 26 TABLE 2.1 Caltrans District 11 Freeway Segment Level of Service Definitions LOS V/C Congestion/Delay Traffic Description (Used for freeways, expressways, and conven ional highways) A <0.41 None Free flow. B 0.42-0.62 None Free to stable flow, light to moderate volumes. C 0.63-0.80 None to minimal Stable flow, moderate volumes, freedom to maneuver noticeably restricted. D 0.81-0.92 Minimal to substantial Approaches unstable flow, heavy volumes, very limited freedom to maneuver. E 0.93-1.00 Significant . Extremely unstable flow, maneuverability and psychological comfort extremely poor. (Used or conventional highways) F >1.00 Considerable Forced or breakdown flow. Delay measured in average travel speed (MPH). Signalized segments experience delay >60.0 seconds/vehicle. (Used for freeways and expressways) F(0) 1.01-1.25 Considerable 0-1 hour delay Forced flow, heavy congestion, long queues form behind breakdown points, stop and go. F(1) 1.26-1.35 Severe 1-2 hour delay Very heavy congestion, very long queues. F(2) 1.36-1.45 Very Severe 2-3 hour delay Extremely heavy congestion, longer queues, more numerous breakdown points, longer stop periods. F(3) >1.46 Extremely Severe 3+ hours of delay Gridlock. 27 2.2 Significance Criteria As previously discussed, this FDP is being prepared not only to address Ballpark and Ancillary Development Project impacts, but also to fulfill a requirement of the CMP. Therefore, a deficient freeway segment is included in the FDP because either: 1. The segment has been identified in a Large Project Traffic Analysis (i.e., San Diego Ballpark and Ancillary Development Projects and Associated Plan Amendments SEIR dated October 26, 1999) as experiencing a significant impact due to the project. For the purposes of this FDP, this means that the traffic analysis for the Ballpark Project SEIR found the segment to be impacted by the project under either opening year (2002) or buildout non-event conditions; or 2. The segment has an existing LOS deficiency - i.e., LOS "F." SANDAG has identified any freeway segments that currently operate at LOS "F," and these segments are shaded in the column titled "Year 1999 CMP LOS." A separate set of significance criteria was utilized for each condition, as follows. 1. To determine deficiencies related to the Ballpark and Ancillary Development Projects, two levels of analysis were conducted. The first analysis was on a focused study area consisting of I-5 between I-8 and 28th Street, SR-163 between I-8 and I-5, and SR-94 between I-15 and 17th Street. For this focused study area, deficiencies were based upon the City of San Diego's Traffic Impact Study Manual (TISM). For any freeway segment affected by the Ballpark and Ancillary Development Projects, the impact is considered significant under either near -term 2002 or buildout conditions if the Ballpark and Ancillary Development Projects would increase the v/c ratio by more than 0.02. A secondary analysis was conducted within an expanded study area of influence to ensure identification of all potential CMP impacts. Using information generated by the regional transportation model, SANDAG provided a supplemental listing of all freeway segments to which the Ballpark and Ancillary Development Projects contributed to more than 2,400 vehicles per day, as stipulated by the CMP criteria. Any such additional segments would be considered impacted by the Ballpark and Ancillary Development Project. This prompted expansion of the study area to include segments of I-S between Sea World Drive and I-8, I-5 between 28th Street and SR-54, SR-163 between Genesee Avenue and I-8, SR-94 between I-15 and Massachusetts Avenue, and I-15 between SR-94 and I-805. These additional segments were considered impacted if operating at LOS "F' with the addition of project traffic. 2. For the entire FDP study area, deficient segments were those that failed to meet the CMP Level of Service (LOS) standard of "E," after allowing for certain statutory exclusions. 28 2.3 Summary of Identified Deficiencies and Impacts Table 2.2 lists each individual "deficient" freeway segment included in the FDP study area. This table also identifies the jurisdictional location of each FDP study segment. As shown in Table 2.2, every freeway segment included in this FDP is projected to operate at LOS "F" in either the near term or buildout time frames. The table also indicates that a number of segments are triggered separately by each of the two criteria. The following discussion details the criteria that triggered each impacted segment. TABLE 2.2 Summary of Existing and Future LOS Conditions .. { Route 1 1 1-5 Limits I _ _ Sea World Drive to I-8 Jurisdiction _ City of San Diego 'Ca5' 1999J\un-L'. C\1PLOS `') _ E prat c:ir m Sn1 P!1 i s, It. (11.OS" F uJ `YJU I an- i®'S nt — P'4JJe Cte it l.OS/' F 1-8 to Washington City of San Diego E F F Washington to Laurel City of San Diego E F F Laurel to SR-163 City of San Diego F F F SR-163 to SR-94 City of San Diego F E F SR-94 to Imperial City of San Diego F F F Imperial to Crosby . City of San Diego F E F Crosby to 28t Street City of San Diego E I) F 28th Street to I-15 City of San Diego F F F 1-15 to 16'h Street City of San Diego/ National City F F F 161h Street to SR-54 National City F F F SR-163 Genesee Avenue to Friars Road City of San Diego F F F Friars Road to 1-8 City of San Diego E F F I-8 to Washington City of San Diego F F F Washington to 1-5 City of San Diego F F F SR-94 17'h Street to 28th Street City of San Diego E F F 28'h Street to 1-15 City of San Diego E F F I-15 to 1-805 City of San Diego F F F 1-805 to Euclid Avenue City of San Diego F F F Euclid Avenue to College Avenue City of San Diego/ Lemon Grove F F F College Avenue to Massachusetts Avenue Lemon Grove/ La Mesa F F F 1-15 1-805 to SR-94 City of San Diego C E F Source: URS, March 6, 2003. Notes: t J Existing LOS conditions established by the SANDAG 1999 Congestion Management Program Update and based upon Year 1998 traffic data. m Future LOS conditions derived from the Downtown San Diego Ballpark Traffic and Parking Studies, Project Traffic Study, Final Technical Report dated May 1999. 29 Ballpark and Ancillary Development Project Segment Impacts For the focused study area, comparison of traffic conditions under both with and without Ballpark and Ancillary Development Projects scenarios for both near -term and cumulative buildout conditions provided the basis for identification of both direct and cumulative impacts. As indicated in Table 2.3, the following freeway segments would operate at unacceptable Level of Service F under 2002 without Ballpark and Ancillary Development Projects conditions: • I-5 between 1-8 and Washington Street; • I-5 between Washington Street and Laurel Street; • 1-5 between Laurel Street and SR-163; • I-5 between SR-94 and Imperial; • SR-163 between I-8 and Washington Street; • SR-163 between Washington Street and 1-5; • SR-94 between I-15 and 28th Street; and • SR-94 between 28th Street and 17th Street. 30 As indicated in Table 2.3, the addition of traffic generated by the Ballpark and Ancillary Development Projects would not result in any additional freeway segments degrading to Level of Service F in 2002. However, the following freeway segments would experience an increase in v/c ratio in excess of the 0.02 standard established by the City of San Diego and Caltrans: • SR-163 between Washington Street and I-5; • SR-94 between I-15 and 28th Street; and • SR-94 between 28th Street and 17th Street. Based upon the significance criteria, these segments would experience a significant "direct" impact as a result of implementation of the Ballpark and Ancillary Development Projects. TABLE 2.3 Summary of Year 2002 Freeway Analyses (Non -Event) Ballpark and Ancillary Deve opment Project Focused Study Area Route • Limits ,# Lanes by Direction 2002 Without Projects 2002 With Projects V/C [LOS] Significant Project Impact» Type of Impact W ADT V/C [LOS) ADT I-5 I-8toWashington 5 190,800 1.08[F(0)] 192,900 1.09[F(0)] No N/A Washington to Laurel 5 198,000 1.08[F(0)1 206,600 1.10[F(0)] No N/A Laurel to SR-163 5 203,000 1.11[F(0)] 206,400 1.13[F(0)] No N/A SR-163 to SR-94 6 194,200 0.98)El 195,900 0.99[E] No N/A SR-94 to Imperial 5 194,200 1.09[F(0)] 195,600 1.10(F(0)] No N/A lmperialto Crosby 5 181,200 0.95[E] 184,100 0.96[E] No N/A Crosby to 28'h Street 5 167,700 0.88[D] 169,800 0.89[D] No N/A SR-163 I-8 to Washington 4 178,800 1.36(F(2)] 181,300 1.38[F(2)1 No N/A Washington to I-5 2 110,200 1.25[F(0)] 113,500 1.28[F(1)] Yest2) Direct SR-94 I-15 to 28'" Street 4 139,600 1.02[F(0)1 148,100 1.081F(0)J Yest2) Direct 28tStreet to 17* Street 4 127,100 1.16[F(0)] 136,100 1.25[F(0)1 Yes Direct Notes: N/A co m Source- BRW, Inc., April 1999. Not Applicable. Ballpark and Ancillary Development Projects Significance Criteria presented in Section 2.2. "Yes" indicates that the addition of traffic generated by the Ballpark and Ancillary Development Projects would result in a significant direct impact related to the Ballpark and Ancillary Development Projects under the near -term 2002 timeframe. 31 As shown in Table 2.4, each of the analyzed freeway segments would operate at unacceptable Level of Service F in the cumulative buildout timeframe, both without and with the Ballpark and Ancillary Development Projects. The section of SR-94 between 28th Street and 17th Street would experience an increase in v/c ratio of 0.04 with the addition of trips related to the Ballpark and Ancillary Development Projects. This exceeds the threshold (0.02) established by the City of San Diego and Caltrans, and is categorized as a significant "cumulative" impact since it is not expected to occur until the cumulative buildout timeframe. No additional freeway segments would experience significant impacts in the cumulative buildout timeframe. TABLE 2.4 Summary of Cumulative Buildout Conditions Freeway Analyses (Non -Event) Ballpark and Ancil ary Development Project Focused Study Area Route Limits # Lanes by Direction Buildout Without Projects Buildout With Projects Significant Project Impact° T of Type 0) pa ADT WC [LOS] ADT V/C LOS t 1 I-5 I-S to Washington 5 235,900 134[F(1)] 236,000 1.341F(1)] No N/A Washington to Laurel 5 238,000 1.30[F(1)] 238,000 1.30[F(1)] No N/A Laurel to SR-163 5 248,000 1.36F[(2)1 248,000 1.36[F(2)1 No N/A SR-163 to SR-94 6 227,200 1.15[F(0)J 228,200 1.15[F(0)] No N/A SR-94to Imperial 5 227,100 1.28fF(1)] 228,500 1.29[F(1)l No N/A Imperial to Crosby 5 217,000 1.14[F(0)1 217,000 1.14[F(0)1 No N/A Crosby to 286 Street 5 202,100 1.06[F(0)) 203,300 1.06[F(0)] No N/A SR-163 1-8 to Washington 4 225,200 1.71(F(3)1 226,500 1.72[F(3)] No N/A Washington to 1-5 2 152,000 1.72[F(3)] 153,900 1.74[F(3)1 No N/A SR-94 1-15 to 28'a Street 4 183,800 1.351F(1)1 187,200 1.37[F(2)J No N/A 28'h Street to 17a' Street 4 168,200 1.54[F(3)] 172,200 1.58[F(3)1 YesW Cumulative Source: BRW, Inc., April 1999. Notes: N/A Not Applicable. (') Ballpark and Ancillary Development Projects Significance Criteria presented in Section 2.2. ro "Yes" indicates that the addition of traffic generated by the Ballpark and Ancillary Development Projects would result in a significant cumulative impact under the longderm, cumulative buildout conditions. 32 Table 2.5 indicates the additional freeway segments in the secondary study area that would exceed the CMP threshold, along with a summary of the significance and type of impact based upon significance criteria discussed in section 2.2. TABLE 2.5 Summary of Expanded Analysis of CMP Impact on the Regional Freeway System Near -Term (2002) and Cumulative Buildout Conditions (Non -Event) Ballpark and Ancillary Development Projects Route Limits 2002 Project Traffic Exceeds CMP Criteria tri Cumulative Project Traffic Exceeds CMP Criteria (I)Impact(2)Impact Significant Project Yes of Type w Direct I-5 1-8 to Sea World Drive Yes No 28e' Street to I-15 Yes No Yes Direct 1-15 to 161h Street Yes No Yes Direct le Street to SR-54 Yes No Yes Direct SR-163 I-8 to Friars Road Yes No Yes Direct Friars Rd to Genesee Ave Yes No Yes Direct SR-94 1-15 to 1-805 Yes Yes Yes Both I-805 to Euclid Ave Yes Yes Yes Both Euclid Ave to College Ave Yes Yes Yes Both College to Massachusetts Yes No Yes Direct I-15 I-805 to SR-94 Yes Yes Yes Both Source: BRW, Inc., May 1999. Notes: Based upon SANDAG 1996-2000 Regional Transportation Plan. 0I Daily project traffic exceeds CMP threshold of 2,400 two-way daily trips. (2) Ballpark and Ancillary Development Projects Significance Criteria presented in Section 2.2. Direct Indicates that the addition of traffic generated by the Ballpark and Ancillary Development Projects would result in a significant direct impact under the 2002 conditions. Both Indicates that the addition of traffic generated by the Ballpark and Ancillary Development Projects would result in both a significant direct impact under the 2002 conditions and a significant cumulative impact under the cumulative buildout conditions. 33 Non Event Conditions, Comparison of Identified Deficiencies The deficiencies identified for near -term 2002 and long-term cumulative buildout conditions are further supported by findings of the Central Interstate 5 Corridor Study. Figures 2.1 and 2.2 illustrate existing deficiencies (year 2000) identified by the Central I-5 Corridor Study for the AM and PM peak hours, respectively. As illustrated in these figures, areas of existing peak hour moderate and severe congestion are comparable to those cited by the Ballpark and Ancillary Development Projects analysis of 2002 conditions. Year 2020 conditions also were analyzed in the Central I-5 Corridor Study. Figures 2.3 and 2.4 illustrate the findings of the deficiency analysis. These findings also are consistent with those of the analysis for the Ballpark and Ancillary Development Projects. 34 1-5 Congested Links AM Northbound we ewe* Moderate Congestion (35-53 MPH ) 4040 Severe Congestion (<35 MPH) Source: Ce0rans Speed Data Fa11.1000. Other 1-5 Corridor /Noe Freeway Access Related Congestion Primary Causes of 1-5 Congestion = Capacity Constrained Segments = Ramp Junction Conflicts = Deficient Weave t Ramp Spacing = Ram-p / Intersection Queuing Source: DIM/SIRS Design Oefciency Analysis. August 2000 OR, FIGURE 2-1 EXISTING I-5 CORRIDOR DEFICIENCIES AM PEAK HOUR 35 NOVEMBER 2002 LEGEND 1-5 Congested Links PM Southbound �spe+o' Moderate Congestion (35-53 MPH ) AOSevere Congestion (<35 MPH) PM Northbound ditilvs. Moderate Congestion (30-53 MPH ) Source: Coltrane Speed Data F all, 1999 Other 1-5 Corridor Congestion e j/ Freeway Access Related Congestion Primary Causes of 1-5 Congestion = Capacity Constrained Segments = Ramp Junction Conflicts = Deficient Weave / Ramp Spacing = Ramp / Intersection Queuing BR WRJR S Oesien pestclencv Analysis, *uaust 2000. �•c.cn� � Via, ,�ra�q'iai"a"�"suiaoa ?{'. �d 1.w'e�."va Pik ski4.: •3 �iN Central Interst „ Corridor Stied ;;M'. i µvN1f um p mEmE,er1 _ 1 FIGURE 2-2 EXISTING 1-5 CORRIDOR DEFICIENCIES PM PEAK HOUR 37 NOVEMBER 2002 Direction of Flow N6 = Northbound SS = Southbound WB= Wesibuond ES = Eastbound Li1 Study Area Freeway Facilities Study Area Arterial Segments Primary Causes of 1-5 Congestion C Capacity Constrained Segments Did Ramp Junction Conflicts Deficient Weave/Ramp Spacing Rarnp/lntersection Queuing k.agmm: �r Uri rrcrc:<i FIGURE 2-3 39 FUTURE YEAR 2020 CONDITIONS 1-5 FREEWAY DEFICIENCIES AM PEAK HOUR NOVE0.7BER 2002 Direction of Flow LEGEND NB = Northbound 5 =- Southbound W8= Westbound EB=Eastbound Study Area Freeway Facilities Study Area Arterial Segments Primary Causes of 1-S Congestion C I Capacity Constrained Segments R I Ramp Junction Conflicts W1S� Deficient Weave/Ramp, Spacing 0 I Ramp/Intersection Quelling NB & SS FIGURE 2-4 41 FUTURE YEAR 2020 CONDITIONS 1-5 FREEWAY DEFICIENCIES PM PEAK HOUR NOVEMBER 2062 As shown, Centre City office space is projected to increase by 52.8 percent by the year 2020, with projected retail space in the Centre City increasing by 6.8 percent. The projected increase in Centre City housing units is very significant, from 6,600 units to 28,600 units by 2020, representing over a three -fold increase over the 20-year timeframe. This increase in Centre City housing units will be beneficial by reducing trip lengths and the number of work trips commuting from outside the corridor. Table 2.8 displays the projected number of person trips (work and non -work purposes) for the existing year 2000 and the forecast year 2020, along with the percentage growth over existing year 2000 levels. Table 2.8 Daily Person Trips Central I-5 Corridor Work Non -Work Total 351,800 2,625,500 2,977,300 409,200 3,147,200 . • 3,556,400 16.4% 20.0% 19.5% Source: SANDAG, August 2001. As shown, approximately 3.0 million trips currently take place in the corridor on a daily basis. By the year 2020, the number of trips will increase by 20 percent to 3.6 million. As expected, the vast majority of these trips have either an origin or destination within the corridor, with approximately 25 percent of the trips focused on the Centre City area. Less than 10 percent of the corridor's trips are through trips or trips just passing through the corridor between SR-54 and I-8. The I-5 freeway provides the primary regional access to the corridor's major activity centers, including Centre City, the airport, Old Town, and the marine terminals at Tenth Avenue and National City. The I-5 freeway also is a major connecting route to regional freeways, including SR-54, 1-15, SR-94, SR-163, and I-8. 44 Freeway Congestion In addition to the impacts associated with the population, employment, and development growth discussed above, congestion along the various freeway segments within the study area is generally a factor of the following: 1. Areas of capacity constraint wherein traffic flows exceed the carrying capacity of the freeway, as depicted by volume/capacity (v/c) relationships. The resulting high traffic densities restrict traffic flows, limit the ability to change lanes, and result in degraded travel speeds. Locations where capacity is reduced due to lane drops and termination of auxiliary lanes can be particular problems. 2. Merge and diverge conflicts at ramp junctions. At ramps, heavy volumes of merging vehicles entering the freeway traffic flows can create turbulence in the traffic flows. Approaching freeway vehiclesmust often shift lanes to the left to avoid this turbulence. Diverging vehicles at exit ramps also create turbulence, as exiting vehicles move right and through vehicles move left to avoid potential turbulence. 3. Deficient spacing between entry and exit ramps and corresponding poor weave section operations. The various weave merge and diverge movements cause "turbulence," which constrain traffic flow. Overall PM peak hour traffic flows on the I-5 freeway facility are constrained in the southbound direction generally between Pacific Highway in the north and SR-54 to the south. Major bottlenecks in the "S curve" through the downtown area occur due to merging and diverging traffic and heavy traffic flows to the South Bay. In a similar manner during the AM peak hour, northbound congestion occurs due to heavy traffic flows out of the South Bay and various conflicts with merging and weaving traffic. 3.0 Screening of Actions Once the FDP deficient freeway segments were identified, it was necessary to identify a freeway improvement concept to mitigate the capacity and operational deficiencies of each segment. The improvement concept for the deficient freeway segments was derived from one of three sources: 1. Improvements contained in the 2030 Regional Transportation Plan (RTP) "Reasonably Expected" Revenue (MOBILITY) Scenario. 2. Additional improvement projects recommended in the Central I-5 Corridor Study. 3. Other "Improvements to Achieve Minimum LOS E". Unlike "Reasonably Expected" improvements, these long-term projects are not included in the 2030 RTP and are unfunded at the present time. The FDP also includes operational and non -highway improvements which are discussed in a following section. 45 3.1 Summary of Improvement Alternatives from 2030 RTP The San Diego Association of Governments' 2030 Regional Transportation Plan (RTP) was reviewed to identify improvement options for the deficiencies identified on I-5, I-15, SR-163, and SR-94. Various transportation network scenarios were evaluated in conjunction with the 2030 RTP. The first consisted of a Baseline Network that included only projects that are currently fully funded or have environmental clearance. None of these projects fall within the limits of the FDP study area. A second scenario, the $30 billion Revenue Constrained Network, also included the implementation of some of the planned Managed/HOV lanes and corridor widening projects. This plan includes the following revenue constrained improvement projects within the FDP study area: Facility Limits Existing Improvements I-15 SR-94 to SR-163 6F/8F 8F + 2HOV I-15 At SR-94 n/a New south -to -west and east - to -north HOV connectors SR-94 I-5 t4 I-15 8F 8F + 2HOV I-5 SR-54 to I-8 _ 8F Operational A third $42 billion "Reasonably Expected" Revenue (Mobility) scenario includes full implementation of the entire planned Managed/HOV Lane network. This network includes the following reasonably expected revenue improvement projects in the FDP study area: Facility Limits Existing Improvements I-5 SR-54 to I-8 8F 8F + 2HOV I-15 SR-94 to SR-163 6F/8F 8F + 2HOV SR-94 I-5.to I-15 6F/8F 8F + 2HOV I-15 At SR-94 n/a New south -to -west and east - to -north HOV connectors I-5 At I-8 n/a New east -to -north and south - to -west freeway connectors. I 46 Finally, a $66 billion Unconstrained Revenue scenario identifies the funding needed to fully implement all of the services, programs, and projects envisioned by 2030. This network includes the following improvement projects in the FDP study area: Facility Limits Existing Improvements 10F + 2HOV I-5 SR-54 to I-15 8F I-5 I-15 to I-8 8F 8F + 2HOV I-5 I-8 to I-805 8F 10F + 2HOV I-15 I-5 to SR 163 6F/8F 8F + 2HOV SR-94 I-5 to I-805 6F/8F 8F + 2HOV I-5 At SR-54 n/a New west -to -south, north- east, south -to -east, and west - to -north HOV connectors I-5 At SR-94 n/a New west -to -south, north- east, south -to -east, and west - to -north HOV connectors I-15 At I-805 n/a New north -to -north and south -to -south HOV connectors I-15 At SR-94 n/a New south -to -west and east - to -north HOV connectors r` I-5 At SR-94 n/a New north -to -east freeway connectors I-5 At I-8 n/a New east -to -north and south - to -west freeway connectors Improvements included in the "Reasonably Expected" Revenue (Mobility) network scenario were carried forward for purposes of this FDP analysis, based upon direction from SANDAG. 47 3.2 Summary of Improvement Alternatives front I-5 Corridor Study The Central Interstate 5 Corridor Study evaluated a series of Corridor System Improvement concepts that would be applicable in alleviating the identified deficiencies, as discussed in Section 2.3. These improvement concepts consisted of both access and mobility components. The access component focused on ground access improvements to the San Diego International Airport (Lindbergh Field), the Old Town Transit Center, and the Port of San Diego marine terminals at 10th Avenue and National City. The mobility component was comprised of a range of options including Transit/TSM/TDM alternatives, enhanced parallel arterials, and increasedfreeway capacity. The following provides a summary of the various improvement alternatives. A detailed discussion of each of the alternatives is provided in the Final Report for the Central Interstate 5 Corridor Study. Airport Ground Access Improvements Five improvement concept alternatives were included for analysis in the Central I-5 Corridor Study. These alternatives included new interchanges and/or ramps at (A) Laurel Street, (B) Pacific Highway viaduct, (C) Old Town/Barnett, (D) I-5/1-8 to Pacific Highway, and (E) North Pacific Highway. A detailed screening and evaluation process was conducted for each of the alternatives. As a result of this analysis, the following airport access improvement scheme was recommended for consideration: • Provide new ramps from I-S to Pacific Highway to improve access to the north side of the airport to/from the north; • Provide on- and oft ramps to/from the south using the Pacific Highway viaducts to improve north side access to/from the south. Details of the analysis are provided in the Central Interstate 5 Corridor Study Final Report (June 2003), as well as the Airport Ground Access Study Final Report (July 2003). 10th Avenue Marine Terminal Ground Access Improvements Five improvement concepts were considered, each addressing the specific need for grade separation of Caesar Chavez Parkway (Crosby Street) over the freight tracks. These alternatives included (A) Freeway Connector Ramps, (B1) Caesar Chaves Parkway Flyover, (B2) Elevated Harbor Drive/Caesar.Chavez Parkway Intersection, (C1) 28th Street Grade Separation, and (C2) Trolley over 28th Street. A detailed screening and evaluation process was conducted for each of the alternatives. As a result of this analysis, the following 10th Avenue Marine Terminal access improvement scheme was recommended for consideration: 48 J • Provide new ramps to northbound I-5 and from southbound I-5 at Sigsbee Street; • Construct an elevated Harbor Drive/Caesar Chavez Parkway intersection; • Provide grade separation of 28`s Street over the trolley and railroad tracks. Details of the analysis are provided in the Central Interstate 5 Corridor Study Final Report (June 2003), as well as the Marine Terminal Ground Access Study Final Report (July 2003). National City Marine Terminal Ground Access Improvements Two improvement concepts were considered to increase the capacity for trucks going north on I-5. These alternatives included (A) Civic Center Drive Improvements and (B) 24th Street Improvements. A detailed screening and evaluation process was conducted for each of the alternatives. As a result of this analysis, it was recommended that both alternatives be forwarded for further consideration. Details of the analysis are provided in the Central Interstate 5 Corridor Study Final Report (June 2003), as well as the Marine Terminal Ground Access Study Final Report (July 2003). Old Town Transit Center Ground Access Improvements Two improvement concepts were considered to improve regional freeway access to the facility. These alternatives included (A) HOVBusway Improvements and (B) I-8 Slip Ramps to Rosecrans. A detailed screening and evaluation process was conducted for each of the alternatives. As a result of this analysis, it was recommended that both alternatives be forwarded for further consideration. Details of the analysis are provided in the Central Interstate 5 Corridor Study Final Report (June 2003). Corridor Mobility Improvement Alternatives for 1-5 In the I-5 Corridor Study, several corridor mobility improvement options were identified to facilitate the separate evaluation of a number of individual improvement concepts and modes for combination into an overall corridor mobility improvement program. They ranged from low-cost signal enhancements and related TSM and TDM applications to high -cost freeway ramp modifications and widenings, as follows: 1. No-Build/Baseline — Includes all planned regional and corridor transportation improvements identified in the SANDAG 2020 Revenue Constrained RTP. 2. Baseline with Focused Access Improvements — Includes the improvements identified above in section 3.1. 49 3. Transit/TSM/TDM — Includes low cost roadway improvements, extensive transit improvements, and programs such as ridesharing, telecommuting, and flex -time. 4. Parallel Arterials — Includes enhanced arterial connections, improved geometries, and improved signal operations to encourage surface street utilization. Focused on key connections to Pacific Highway and Harbor Drive, Kettner Boulevard and India Street, Center City/National Avenue/Main Street/National City Boulevard, and Market Street or Imperial Avenue. 5. Freeway Capacity Enhancements — Includes interchange enhancements, new freeway -to -freeway connectors, a Centre City collector -distributor system, freeway mainline widening, and new auxiliary lanes. The locations of the freeway capacity enhancements are depicted in Figure 3.1. Details of these corridor mobility improvement options are provided in the Central Interstate 5 Corridor Study Final Report (June 2003). Each of these mobility alternatives was modeled using the SANDAG Regional Transportation Model, the results of which allowed identification of a Composite Improvement Alternative which incorporated the preferred components. A summary of the components of the Recommended Plan is provided in Table 3.1. 50 FGEND INTERCHANGE ENHANCEMENT NEW FREEWAY TO FREEWAY CONNECTORS FREEWAY MAINLINE WIDENING NEW AUXILIARY LANES BRW FIGURE 3-1 FREEWAY ENHANCEMENT ALTERNATIVE N 51 Table 3.1 Central I-5 Corridor Study Summary of Recommended Plan* .:1mprovcinent . Component Mainline I-5 Widenings - ; - - '• Recommended Improvements . Widen to 10 lanes between Sea World Drive and I-15 • Widen to 12 lanes between I-15 and SR-54** `` Purpose/Benefit Increases capacity of I-5 mainline, Cost (SMiliions) ' $240.0 Comments/Future Considerations Requires substantial ramp modifications to enable utilization of existing auxiliary lanes for widening. New I-5 Auxiliary lanes • I-5 SB from Harbor Drive to Bay Marina Drive • I-5 SB from Eighth Street to Cleveland Avenue . I-5 NB from Bay Marina Drive to Harbor Drive • I-5 NB from Seventh/Eighth Street to Division Street . I-5 NB from SB I-15 Connector to National Avenue Improves weaving distances and merge/diverge operations at ramp junctures $30.0 . Old Town Transit Center Access Pacific Highway HOV lanes/Dedicated Bus lanes between I-5 overcrossing and Laurel Street Improves HOV and bus access to OTTC. $26.0 Would require widening of Pacific Highway. Possible extension into Centre City and/or to Harbor Drive for access to airport. New Rosecrans Street off -ramp from I-5/I-8 interchange Improves access to OTTC from WB I-8 $4.0 * As approved by the Central I-5 Corridor Policy Committee, November 21, 2002. ** Subsequent to the Central I-5 Corridor Policy Committee recommendation of this improvement, the SANDAG Transportation Committee specified inclusion of HOV lanes along this section of I-5 from Sea World Drive to SR-54. Airport Access 10 Avenue Marine Terminal Access Table 3.1 (continued) Central I-5 Corridor Study Summary of Recommended Plan* - Recommended Improvements New 1-5 on -/off -ramps between north I-5 and Pacific Highway Modify existing Pacific Highway Viaduct to provide on -/off -ramps between south I-5 and the ai • .rt Geometric improvements at Laurel Street/Pacific Highway intersection Geometric improvements at Laurel Street/Harbor Drive intersection New 1-5 on -/off -ramps between north I-5 and Harbor Drive Elevate Harbor Drive/Caesar Chavez Pkwy intersection to provide access over the railroad/trolie Elevate Harbor Drive/28th Street intersection to provide access over the railroad/trolle Purpo Improves freeway access to south terminal area Improves freeway access to south terminal area Improves traffic flow between EB Laurel Street and NB Pacific Hi:hwa . Improves traffic flow between SB Harbor Drive and EB Laurel Street. Improves freeway access to marine terminal. Improves access to Harbor Drive and eliminate at -grade rail crossin s Improves access to I-5/28th Street interchange and eliminate at -grade rail crossin;s * As approved by the Central I-5 Corridor Policy Committee, November 21, 2002. $123.0 . Comments/Future Considerations Coordinate with Old Town Avenue and Washington Street I-5 interchange im.rovements. Reach mutually acceptable design for improvements. Reach mutually acceptable design for improvements. Further study of alignment alternatives required to minimize potential community impacts. Improvement _Component National City Marine Terminal Access Table 3.1 (continued) Central I-5 Corridor Study Summary of Recommended Plan* Recommended Improvements Civic Center Drive Widening and Intersection Improvements Purpose/Bcriefit Reduces impacts of truck traffic by increasing roadway capacity and improving of turn lane geometrics Cost (SMillions) $0.5 Comments/Future Considerations Bay Marina Drive Widening, Intersection and Pedestrian Access Improvements Extension of Tidelands Avenue to Harbor Drive Reduces impacts of truck traffic by increasing roadway capacity, improving turn lane geometrics. Improves circulation and terminal access to Harbor Drive $2.0 $5.0 Provide for improved pedestrian access via widened sidewalks along northside of I-5 under pass. Bay Marina Drive to SR-54 Ramp Connectors Improves geometrics and merge/weave operations between freeway interchanges. * As approved by the Central I-5 Corridor Policy Committee, November 21, 2002. $20.5 Further review required of potential significant environmental impacts at the crossing of Sweetwater River. Improvement Component , I-5 Interchange Improvements and Ramp Modifications Enhanced Transit Services Recommended Improvements''- - Reconfigure Sea World Drive Interchange Table 3.1 (continued) Central 1-5 Corridor Study Summary of Recommended Plan* Purpose/Benefit Cost (SMiiiions Increases interchange capacity $5.0 Comments/Future Considerations New Connectors at I-5/1-8 Interchange with Pacific Highway Ramps SB I-5 to WB I-8 EBI-8toNBI-5 Widen ramps at I-8/1-5 Interchange Reconfigure Old Town Avenue and Washington Street Interchange Reconfigure First Avenue/Hawthorne Street Interchange Northern part of the Centre City Collector -Distributor System (Fifth Avenue to SR-94) Southern part of Centre City Collector - Distributor System (SR-94-SR-75) Improved service frequencies along existing routes, new express bus/BRT routes, and improved station facilities Provides missing freeway -to -freeway connectors; Provide new connectors to/from Pacific Highway to improve connectivity Increases ramp capacity and improves traffic operations Improves geometries and merge/weave operations at freeway interface Improves merge/weave operations at freeway interface Improves geometries, eliminates short weaving distances, improves freeway operations and Centre City access. Improved geometries, eliminates short weaving distances, improves freeway operations and Centre City access. Reduces roadway demands and provides expanded travel and modal opportunities $90.0 $8.0 $12.0 $10.0 $177.0 $133.0 To be determined by subsequent studies Coordinate with new on -/off -ramps to Pacific Highway for airport access. Issue of potential closing of First Avenue southbound I-5 on -ramp and Cedar Street off - ramp requires further study. Potential right-of-way impacts and related community issues will require further study. Consistent with 2030 Regional Transit (RTV) and MTDB Transit First studies. * As approved by the Central I-5 Corridor Policy Committee, November 21, 2002. Improvement Component Enhanced Parallel Arterials Table 3.1 (continued) Central 1-5 Corridor Study Summary of Recommended Plan* Recommended Improvements Improved signalization and intersection geometry along key sets of parallel arterials: • Pacific Highway and Harbor Drive • Kettner Boulevard and India Street • Centre City, National Avenue, Main Street, National City Boulevard Purpose/Benefit Enhances arterial connections. Increases utilization of surface streets for shorter trips. Provides alternative routings during freeway incidents/major congestion. Cost (SMillions) $20.0 Comments/Future Considerations . Focus on signal coordination and intersection geometrics improvements only Transportation System Management (TSM)/Travel Demand Management (TDM) Strategies Implement Centre City TDM Programs Promotes transit, rideshare, flextime, telecommuting. Reduces peak period travel demands and increase public awareness. Varies Metering of Freeway On -Ramps Enhanced Signal Coordination Minimizes merge conflicts and impacts on mainline operations Improves traffic flow on surface streets Varies Varies Source: Central I-5 Corridor Study Final Report June 2003, URS Corporation. * As approved by the Central I-5 Corridor Policy Committee, November 21, 2002. 4.0 Evaluation of Suitable Impacts Table 4.1 provides a summary of the identified impacted segments in the FDP study area and the corresponding recommended improvement action. 4.1 Summary of 2030 RTP Improvements Table 4.2 summarizes the deficiencies which would be addressed by improvements contained in the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario. This table also repeats the columns contained in Table 4.1, and adds four new columns under the heading, "2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario." The first column under this heading, "Description of Improvement" summarizes the improvement concept, if any, proposed in the RTP. The next column provides an estimated cost to implement the identified improvement. The next two columns show the resulting AM and PM peak hour LOS by direction for the year 2030 (the time horizon of the SANDAG RTP). For seven of the segments with proposed improvements, the 2030 AM and PM peak LOS is acceptable in both directions. Eight segments on I-5, however, would still experience a directional LOS "F" during at least one peak period. Four segments of SR-163 (for which no improvements are listed in this table) also operate at LOS "F." Each of the 12 "failing" segments is shaded in the appropriate columns. To achieve LOS E or better, these 12 segments on both I-5 and SR-163 would require additional improvement actions beyond those included in the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario. 4.2 Summary of I-5 Corridor Study Improvements The analysis of the Recommended Improvement Plan for the I-5 corridor indicates that each of the analyzed segments would operate with volume to capacity ratios of less than 1.0 with projected 2020 traffic volumes, indicating an acceptable level of service. Table 4.3 summarizes the LOS results based upon implementation of the Central I-5 Corridor Study recommended improvements between Sea World Drive and SR-54 in addition to the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario (Table 4.2). The exception is on Interstate 5 itself; where the RTP and the Central I-5 Corridor Study both recommend adding two lanes, but with different functions. The Central I-5 Corridor Study recommended two general purpose lanes, while the RTP recommends two HOV lanes. SANDAG will conduct further analysis of the feasibility and costs of HOVs in this particular corridor. In either case, the additional two lanes on I-5 shown in Table 4.2 are not repeated in Table 4.3. Table 4.3 also shows the estimated cost of each improvement project. As shown, all freeway segment deficiencies except those on SR-163 would be mitigated by improvement projects recommended in a combination of the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario and the Central 1-S Corridor Study. w a 58 4.3 Summary of Other Improvements to Achieve Minimum LOS E Table 4.4 addresses the additional long-term improvements on SR-163. This table contains the same information found in the corresponding columns of Table 4.1, with identification of other improvements, which would result in long-term LOS of E or better. As shown, widening of SR-163 would be necessary to address the existing and projected deficiencies. It is important to note that earlier studies determined that no widening of SR-163 will occur through Balboa Park due to environmental constraints and community concerns, and there is no recommendation to widen SR-163 between I-5 and Genesee Avenue at this time. 59 Table 4.1 Summary of Freeway Segment Deficiencies and Recommended Improvements :Route Limit%. I-5 Sea World Drive to I-8 Year 1999: CMP LOS"' Opening Year Non - Even t Projected LOSa' F 1-8 to Washington Washington to Laurel E Laurel to SR-163 SR-163 to SR-94 F E F Buildnut Non-E)-ent Projected LOS(2' F F F SR-94 to Imperial Imperial to Crosby Crosby to 28a' Street F F F F E 28th Street to I-15 I-15 to 15th Street F E F F Recommended 2030 improvements - 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario Construct two HOV lanes; new E-N and S-W freeway connectors at I-8 Construct HOV lanes F E F F F Construct HOV lanes Central 1-5 Corridor Study Reconfigure Sea World Dr interchange; new S-W and E-N connectors at I-5/1-8; widen ramps at I-5/1-8 Reconfigure Old Town Ave & Washington St interchange; Old Town transit center access improvements Construct HOV lanes Construct HOV lanes Airport access improvements Resulting Level of Service (based upon implementation of all' improvements) _- AM (NB/SB or EB/WB) PM (NB/SB nr EB/WB) B/C C/C C/C Reconfigure First Ave/ Hawthorne St interchange Improved Ramp System (3) F F F 16'" Street to SR-54 Construct HOV lanes Construct HOV lanes F F F Construct HOV lanes Improved Ramp System (3) C/C D/D D/C Improved Ramp System (3) Construct HOV lanes F F F Construct HOV lanes E/B D/D E/D D/D D/B New NB auxiliary lanes from SR 15 to National Ave & SB aux. lanes from 8th St to Cleveland Ave Construct HOV lanes Add 2 General Purpose lanes; new NB auxiliary lanes from 7th18th St to Division St C/C D/C D/C D/D E/A Add 2 General Purpose lanes; new NB & SB auxiliary lanes between Bay Marina Dr & Harbor Dr E/A FJA D/C B/E B/D B/D Table 4.1 (continued) Summary of Freeway Segment Deficiencies and Recommended Improvements Opening :.t ear Non-$wldout Non -Event' Event "projected Projected 2030 RTP' Reasonably Expected" LOS"' :. LOS(2) :Revenue (MOBILITY) ( 1 Y) Scenario :Recommended 2030Improvements Central I-5 Corridor Study Resulting Level of Service (based upon Implementation of all improvements) PM (NB/SB SR-163 Genesee Ave to Friars Rd F F F No identified improvements N/A N/A Friars Road to I-8 E F F I-8 to Washington F F F No identified improvements Washington to I-5 F F F SR-94 l7th Street to 28`s Street E F F Construct HOV lanes n/a A/C DID 28th Street to I-15 E F F Construct HOV lanes n/a A/C DB I-15 to I-805 F F F Construct HOV lanes n/a A/E C/C I-805 to Euclid Avenue F F F Construct HOV lanes n/a A/E E/C Euclid Ave to College Ave F F F Construct HOV lanes n/a B/E D/C College Avenue to Massachusetts Avenue F F F Construct HOV lanes n/a B/D D/C I-15 I-805 to SR-94 C E F Construct HOV lanes; construct new S-W & E-N HOV connectors at SR-94 n/a BB CB Notes: (I) Existing LOS conditions established by the SANDAG 1999 Congestion Management Program Update and based upon Year 1998 traffic data. (2) Future LOS conditions derived from the Downtown San Diego Ballpark Traffic and Parking Studies, Project Traffic Study, Final Technical Report dated May 1999. (3) It is acknowledged that ramp improvements are necessary to accommodate I-3 HOV lanes through the downtown S-curve. However, the Centre City Collector -Distributor System recommended in the Central 1-5 Condor Study requires additional analysis to identify traffic and community impacts and to evaluate other altematives. Source: URS, March 6, 2003. I-5 Table 4.2 Summary of Freeway Deficiency Plan Analysis by Segment Proposed Improvements Based upon 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario Sea World Drive to I-8 1-8 to Washington Washington to Laurel Laurel to SR-I63 SR-163 to SR-94 SR-94 to Imperial Imperial to Crosby Crosby to 28'" Street 28'" Street to 1-15 1-15 to 161° Street 16th Street to SR-54 SR-163 I-5 to Washington Washington to I-8 1-8 to Friars Road Friars Road to Genesee Avenue SR-94 IT" Street to 28'" Street 28th Street to 1-15 1-15 to I-805 I.805 to Euclid Avenue Euclid Avenue to College Avenue College Avenue to Massachusetts Avenue I-15 I 1-805 to SR-94 City of San Diego City of San Diego City of San Diego City of San Diego City of San Diego City of San Diego City of San Diego City of San Diego City of San Diego City of San Diego/ National City National City City of San Diego City of San Diego City of San Diego City of San Diego City of San Diego City of San Diego City of San Diego City of San Diego City of San Diego/ Lemon Grove Lemon Grove/ La Mesa City of San Diego Year 1999 CMP LOS") E E F F F F E F F F F F E F E E F F F F C Opening Year lhdldout 2034) 11 FP "Reasonably Expected" Revenue (MOBILITY) Scenario"" Non -Event ` lion -Even/ rrvoJcetetl L05" F F F E F E F F F F F F F F F F F F F E F F F F F F F F F F F F F F F F F F F F F Description of Improvement New east -north and south-west freeway connectors at I-8 Construct 2 HOV Lanes Construct 2 HOV Lanes Construct 2 HOV Lanes Construct 2 HOV Lanes Construct 2 HOV Lanes Construct 2 HOV Lanes Construct 2 HOV Lanes Construct 2 HOV Lanes Construct 2 HOV Lanes Construct 2 HOV Lanes Construct 2 HOV Lanes n/a n/a n/a n/a Construct 2 HOV Lanes Construct 2 HOV Lanes Construct 2 HOV Lanes Construct 2 HOV Lanes Construct 2 HOV Lanes Construct 2 HOV Lanes Construct 2 HOV Lanes Construct new south-west and east - north HOV connectors at SR-94 Resulting Level of Service Cost AM LOS PM LOS (S11) NIt/SB or WWII NIt/SB or EB/Wit $200 UNK(4) $500 S200 S150 C/C E/C E/C EJC D/D EID RID D/E immearomoir mitowasi : �i+i3::;�i`%Y;�rtc�i ��•F.'„x .+.'*;ff.'.ti{xdL�.J......Y. SONAINSI D/E A/D A/C A/C A/E D/B D/H C/C A/E EIC B/E D/C B/D D/C BB C/B Source: SANDAG; March, 2003. Notes: (1) Existing LOS conditions established by the SANDAG 1999 Congestion Management Program Update and based upon Year 1998 traffic data. rn Future LOS conditions derived from the Downtown San Diego Ballpark Traffic and Parking Studies, Project Traffic Study, Final Technical Report dated May 1999. (3) Future recommended improvements and resulting LOS conditions derived from the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario, March 2003. Gray shading highlights the segments that are anticipated to remain impacted after the implementation of the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario. (4) UNK: Unknown at this time. Cost estimates for constructing the I-5 HOV lanes are not currently available. 1 Table 4.3. Summary of Freeway Deficiency Plan Analysis by Segment Proposed Improvements Based upon Central I-5 Corridor Study '. OpeninP Bnlldon¢ ' car Nov 1'eirt99O 7 sent N. - -. on-Eveot - r rntrnl I-S Corridor Shrdv Recommended lmprovemrntsP' - I,imita Jeerisd,ctxon CMP. I- 1 r)5,,, Projected - Projected - lDescreption of B enprn'rneen*c C o'.t Resnitin� fear 2020 level of 'Net, ice - - - LOti''� LOSft1 ,_—_ - .. SM A11 LOS 1'11I LOS - - NB/SB NB/SB Sea World Drive to I.8 City of San Diego E F F Reconfigure Sea World Drive Interchange $5 New SB-WE and EB-NB connectors at I-5/1-8, widen tamps at 1-5/1-8 $200 WC C/C 1-8 to Washington City of San Diego E F F Reconfigure Old Town Ave and Washington St interchange $12 Old Towne Transit Center Access Improvements $30 C/C D/D Washington to Laurel City of San Diego E F F Airport Access Improvements $125 C/C D/D Laurel to SR-163 City of San Diego F . F F Reconfigure Fast Ave/Hawthorne St interchange $10 D/C E/D SR-163 to SR-94 City of San Diego F E F Improved Ramp System t4x $350* EB C/C SR-94 to Imperial City of San Diego F F F . Improved Ramp System Nx $350* DB D/C Imperial to Crosby City of San Diego F E F Improved Ramp System (U $350* DM D/C Crosby to 28ih Street City of San Diego F D F n/9 DIE D/C 28'^ Street to 1-15 City of San Diego E F F New NB auxiliary lanes from SB-15 to National Ave and SB auxiliary lanes from 84i St to Cleveland Ave $30* E/A B/E I-15 to 161h Street City of San Diego/ National City F F F New NB auxiliary lanes from 711/8`h Street to Division Street $30* E/A B/D Add 2 General Purpose Lanes(5) $60 161h Street to SR-54 National City F F F New NB & SB auxiliary lanes between Bay Marina Drive and Harbor Drive $30* E/A B/D Add 2 General Purpose Lanesto $70 Table 4.3 (continued) Summary of Freeway Deficiency Plan Analysis by Segment Proposed Improvements Based upon Central I-5 Corridor Study Route SR-163 I-5 to Washington Washington to I-S I-8 to Friars Road " Se risdirtion City of San Diego Friars Road to Genesee Avenue City of San Diego City of San Diego 'enr 199) Chid". LOS"' F F City of San Diego Openin 1'cnr Non Event Projected LOSa" F E F F F Buddnut Non Evens Projected LOSfz' F F F F Central 1-5 Corridor Study Recommended improvements' Description of 1n prosenients nla F n/a n/a Recullin2 Year 21120 Level of Cost Service SM AM LOS PM LOS NB/SB NB/SR n/a DIE AID C/E Source: URS, March 6, 2003. Notes: 01 Existing LOS conditions established by the SANDAL 1999 Congestion Management Program Update and based upon Year 1998 traffic data. (2) Future LOS conditions derived from the Downtown San Diego Ballpark Traffic and Parking Studies, Project Traffic Study, Final Technical Report, dated May 1999. (3) Future recommended improvements and resulting LOS conditions derived from the Central I-5 Corridor Study, dated November 2002. 411 Ramp improvements are necessary to accommodate I-5 HOV lanes. The Collector -Distributor System requires additional analysis to identify traffic and community impacts. (5) The Central I-5 Corridor Study recommends widening to accommodate two additional lanes on these segments for a total of 12 lanes. Costs provided are for entire corridor, not specific to the subject section. Table 4.4 Summary of Freeway Deficiency Plan Analysis for Remaining LOS "F" Segments After 2030 RTP and Central I-5 Corridor Study Improvement SR-163 1-5 to Washington Washington to 1-8 I-8 to Friars Road Friars Road to Genesee Avenue City of San Diego City of San Diego City of San Diego City of San Diego F F F F Opening Year � Buildont Non 1 Non vent -Event rev' rtrII LOS'''t'roiccfecl l,OSa' F F F F F F F ion of anent Concept Improvements to Achieve Minimum LOS "E"- Resulting Ultimate bevel of Service ANI Widen to 6 lanes() Widen to 6 lanes Widen to 10 lanes Widen to 10 lanes E or better E or better E or better E or better E or better E or better E or better E or better Notes: o) (2) cn Source: URS, March 6, 2003 Existing LOS conditions established by the SANDAG 1999 Congestion Management Program Update and based upon Year 1998 traffic data. Future LOS conditions derived from the Downtown San Diego Ballpark Traffic and Parking Studies, Project Traffic Study, Final Technical Report dated May 1999. Future concept improvements and resulting LOS conditions based upon requirements to achieve operating conditions of LOS "E" or better. However, due to environmental and community concerns, the San Diego City Council removed any recommended improvements to SR-163 from the Ballpark Final SEIR 4.4 Summary of FDP Operational and Non -Highway Improvements In addition to the highway capital improvements noted on Table 4.1, the improvements derived from both the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario and the Central I-5 Corridor Study also included a comprehensive set of freeway operational improvements, in addition to an expanded focus on alternative modes and travel demand management (TDM) strategies as follows: • Mobility 2030 Regional Transit Vision (RTV) - The RTV, as a significant component of Mobility 2030, calls for a network of fast, flexible, reliable, and convenient transit services connecting the region's major employment and activity centers. The Mobility 2030 Plan includes an extensive network of managed/HOV lanes on the highway system designed to accommodate transit services as well as carpools and vanpools. The plan also includes an emphasis on demand management strategies to reduce peak period travel and to change when and how people travel. New and/or improved transit routes as identified in the RTV within the FDP study area include: a. Increase in existing Coaster service b. Increase in existing and planned Blue Line Trolley service c. Mid -Coast from Old Town to Sorrento Mesa d. Old Town to Kearny Mesa via Mission Boulevard/Balboa Avenue e. Old Town to Kearny Mesa via Linda Vista f. Coronado and Centre City to Sorrento Mesa via Hillcrest/Genesee. • Central I-5 Corridor Study — In addition to improvements on I-5, the recommended plan includes a comprehensive set of corridor improvements incorporating a variety of multi -modal options focused on improving access to key activity centers and enhancing mobility throughout the corridor, including: a. An extensive set of transit system improvements consistent with the Mobility 2030 RTV. b. Improvements to adjacent parallel arterials to facilitate more efficient utilization, including intersection enhancements and signal coordination. c. An extensive set of operational improvements, including metering of freeway on -ramps, additional auxiliary lanes, and ramp interchange enhancements to improve freeway merge and diverge movements. d. Travel demand management (TDM) strategies, including implementing a Centre City TDM program for promotion of transit, rideshare, flextime, and telecommuting. 66 5.0 Action Plan Table 5.1 provides an indication of the anticipated schedule for the phased implementation of the improvements recommended in the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario. The timeframes shown on Table 5.1 are based upon the SANDAG Mobility 2030 Plan. Phasing of the improvement concepts identified in the Central I-5 Corridor Study are not included in Table 5.1. For these improvements, a preliminary phasing concept was developed by the study indicating the recommended sequence for implementation. Improvements were identified as either Phase 1 (Initial) or Phase 2 (Secondary) priorities based upon the following assumptions: • The Centre City Collector -Distributor System between SR-163 and SR-94 was identified as a Phase 1 improvement, with the portion south of SR-94 identified as a Phase 2 improvement. • Access improvements to the 10th Avenue and National City Marine Terminals were identified as Phase 1 improvements. • The Pacific Highway HOV/busway (Old Town Transit Center access improvements) project was included as a Phase 1 improvement. • I-5 ramp modifications/reconstructions were identified as Phase 2 improvements. • Airport access improvements were identified as Phase 2 improvements based upon previous studies that confirm that the additional improvements beyond those included in the Airport Master Plan Step 1 and Step 2 would not be needed unless Steps 3A or 3B of Airport Master Plan are implemented. • Missing freeway -to -freeway connectors were identified as Phase 2 improvements. Table 5.2 outlines the phasing concept for the Central I-5 Corridor Study Recommended Improvement Plan. It is envisioned that future RTP updates will review the additionally recommended concepts from the Central I-5 Corridor Study and recommend projects for implementation based upon results of further environmental review, available funding, and input from the community. Funding and implementation of the recommended Deficiency Plan improvements will be a joint local and regional effort that will require the use of federal, state, regional, local, and private funding sources. Toward this end, the cities of San Diego and National City will: 67 • Work with SANDAG through the RTP and Regional Transportation Improvement Program (RTIP) processes to advance and fund the recommended Deficiency Plan improvement projects. • To the extent possible and using local or private funds, consider Deficiency Plan recommendations when developing annual and multi -year capital improvement programs. • Advocate and, to the extent possible, fund Transportation Demand Management and Transportation System Management strategies to provide interim congestion relief until longer term Deficiency Plan recommendations can be implemented. • Work with SANDAG to identify new funding sources and advocate the allocation of these funds for Deficiency Plan improvements. • Work with SANDAG to implement new congestion mitigation strategies resulting from the study currently underway to develop a Toolbox of mitigation strategies to address congestion within the San Diego region. I 68 Table 5.1 Freeway Deficiency Plan Recommended Improvement Phasing Plan Route I-5 _- Limits Sea World Drive to I-S Recommended 2030 R "Reacnnahly L<;perted" ReAenue (MOBILITY) Scenario Improecenents" n Construct 2 HOV lanes Recommended Implementation Timeframe (Year)i2) 2020.20311 2 110-201.1 21115-2020 X Construct new E-N and S-W freeway connectors at I-8 X I-8 to Washington Construct 2 HOV lanes X . Washington to Laurel Construct 2 HOV lanes X Laurel to SR-163 Construct 2 HOV lanes X SR-163 to SR-94 Construct 2 HOV lanes X SR-94 to Imperial Construct 2 HOV lanes X Imperial to Crosby Construct 2 HOV lanes X Crosby to 28'h Street Construct 2 HOV lanes X 28th Street to I-15 Construct 2 HOV lanes X 1-15 to 16th Street Construct 2 HOV lanes X 16th Street to SR-54 Construct 2 HOV lanes X SR-163 I-5 to Washington No improvement recommended (3) (3) (3) Washington to I-8 I-8 to Friars Road Friars Road to Genesee SR-94 17th Street to 28th Street Construct 2 HOV lanes X 28th Street to I-15 Construct 2 HOV lanes X I-1 5 to I-805 Construct 2 HOV lanes X I-805 to Euclid Avenue Construct 2 HOV lanes X Euclid Ave to College Ave Construct 2 HOV lanes X College Avenue to Massachusetts Avenue Construct 2 HOV lanes X I-15 I-805 to SR-94 Construct 2 HOV lanes X Construct new S-W & E-N HOV connectors at SR-94 X Source: URS, March 6, 2003. Notes: (3) For other recommended improvements listed in Tables 4.land 4.3 and not included in the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario, Section 6.0 of the Central 1-5 Corridor Study Draft Final Report dated November 2002 contains details related to the "Implementation Process" and "Phasing Concept." (2) Recommended implementation timeframe derived from the Draft Final 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario, dated February 28, 2003. (3) Due to environmental and community concerns, the San Diego City Council removed any recommended improvements to SR-163 from the Ballpark Final SEIR. Therefore, no implementation timeframe for any improvements to SR-163 has been included. Table 5.2 Phasing Concept for Central I-5 Corridor Study Improvements I-5 LOCATION Sea World Dr. Interchange • PHASE I IMPROVEMENTS Widen ramps and interchange intersections to increase capacity • • PHASE 2 IMPROVEMENTS Provide missing I-5/1-8 connectors through Sea World Dr interchange Provide Pacific Hwy ramps from I-5/1-8 connectors Mainline - Sea World Dr to I-8 • Restripe SB mainline for Fifth lane using one of the two existing aux lanes I-8 Interchange • • Provide two-lane entrance for EB I-8/SB I-5 two-lane connector. Provide extended acceleration lane with aux lane at the gore Widen NB I-5/EB I-8 connector to two lanes. Restripe two lane exit for one lane EB and one option lane WB/EB Mainline - I-8 to Old Town Ave • Widen mainline for Fifth lane Old Town Transit Center Access Improvements • • Provide Pacific Highway HOV lanes from I-5 overcrossing to Old Town Transit Center Provide HOV/Busway from Old Town Transit Center to Laurel Street/airport • Provide slip ramp to Rosecrans from WB I-8/SB I-5 connector Old Town Ave Interchange • • • Modify interchange by providing standard intersection spacing and relocating SB on ramp as a hook ramp Realign Hancock Street Relocate NB on ramp 500' south to increase NB weave Mainline - Old Town Ave to Washington St. • Restripe mainline for Fifth lane using existing auxiliary lanes for NB and SB • • Provide ramps to/from north I-5 to/from Pacific Hwy Remove existing Washington St. exit ramp and provide slip ramp to Washington St. from SB Pacific Hwy ramp Airport Access — North Pacific Hwy Ramps (Old Town Ave to Washington St.) Washington St Interchange • Widen ramps to two lanes Mainline - Washington St. to Pacific Hwy Viaducts • Widen mainline for fifth lane Table 5.2 (continued) Phasing Concept for Central I-5 Corridor Study Improvements I-5.LOCATION : PHASE IMPROVEMENTS PHASE 2 IMPROVEMENTS Airport Access - Pacific Hwy Viaducts • Provide slip ramps along Pacific Hwy to/from • Provide ramps to/from south I-5 utilizing existing (Washington St, to Pacific Hwy Washington St. Pacific Hwy viaducts Viaducts) Pacific Hwy Viaducts • Provide two lane entrance into mainline with extended acceleration and auxiliary lanes • Remove under utilized Kettner SB on ramp Mainline - Pacific Hwy to Hawthorn • Widen mainline for fifth lane with aux lanes St. Airport Access - Laurel St. • Grade -separate Laurel Street/Pacific Highway intersection • Reconfigure Laurel Street/Harbor Drive intersection NB Mainline - SR-163 to Hawthorn St. • Relocate NB Hawthorn St. off ramp 500' north to increase weave • Reprofile NB First Ave on ramp • Relocate NB Hawthorn St. on -ramp to Grape St. • Restripe Grape St to a two-way street, west of First Ave. • Close India St. NB on -ramp North Centre City Collector Distributor • Redirect Fifth Ave on ramp away from I-5 to begin C-D System (Southbound) • Provide slip ramp from SB SR-163 connector to C-D • Provide slip ramp from SB SR-163 connector to Pershing Dr exit ramp • Provide slip ramp from C-D to EB SR-94 connector • Remove C St. on ramp, connect C-D to 17th St and merge with Pershing Dr on ramp to I-5 • Widen mainline for fifth lane using existing auxiliary lanes City of National City, California COUNCIL AGENDA STATEMENT FETING DATE November 18, 2003 AGENDA ITEM NO. 9 (.ITEM TITLE WARRANT REGISTER #20 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #20 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: nance Di. =' for Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,218,554.92. BOARD I COMMISSION .,:COMMENDATION rileatv ATTACHMENTS (..iste,¢ Below ) 1. 1Narrant Register 02u 2. Workers Comp Warrant Register dated 11/05/03 3. Payroll Warrant Register dated 11/05/03 Resolution No. A-200 (9 99) ZETING DATE City of National City, California COUNCIL AGENDA STATEMENT November 18, 2003 10 AGENDA ITEM NO. (ITEM TITLE CONSOLIDATED CASH AND INVESTMENT REPORT AS OF AUGUST 31, 2003 PREPARED BYALISON HUNTER X 4332 EXPLANATION DEPARTMENT FINANCE - MARYLOU MATIENZO X 4331 FOR THE CITY COUNCIL'S INFORMATION AND IN COMPLIANCE WITH THE CITY'S INVESTMENT POLICY, THE CONSOLIDATED CASH AND INVESTMENT REPORT AS OF AUGUST 31, 2003 IS HEREBY SUBMITTED. THIS REPORT REFLECTS THE COMPONENTS OF THE INVESTMENT PROGRAM FOR THE PERIOD THEN ENDED. THE INVESTMENT PORTFOLIO PROVIDES FOR SUFFICIENT LIQUIDITY TO MEET THE FOLLOWING MONTH'S ESTIMATED EXPENDTURES. r Environmental Review N/A Financial Statement NOT APPLICABLE STAFF RECOMMENDATION Approved By: MARYLOU MATIENZO ( f Account No. WE RECOMMEND THAT THE REPORT BE ACCEPTED AND FILED. BOARD 1 COMMISSIONARECOMMENDATION CONCUR: ATTACHMENTS c ListTd Fn�k my I. CASH AC OUNT UM Y 2. INVESTMENT BY BROKERS 3. PORTFOLIO MANAGEMENT 4. ACTIVITY REPORT 5. CONSOLIDATED CASH REPORT Resolution o' 6. MONTHLY STATEMENT OF RECEIPTS 7. MONTHLY STATEMENT OF DISBURSEMENTS 8. POOLED INVESTMENT TRANSACTIONS REPORT e Director A-200 (9/99) CITY OF NATIONAL CITY CASH ACCOUNT SUMMARY 31-Aug-03 BALANCE REVOLVING CASH $ 3,592.92 RETURNED CHECKS 9,742.48 BANK OF AMERICA #80200 133,181.00 OUTSTANDING WARRANTS (166,315.51) PAYROLL OUTSTANDING WARRANTS (84,891.82) CASH HELD BY BROKERS 200,689.51 HUD MONEY MARKET 6,866,729.00 INVESTMENTS 13,818,561.62 LAIF 30,062,707.17 TOTAL $ 50,843,996.37 INVESTMENT EARNINGS HISTORY: FISCAL YEAR 2003-04 2002-03 2001-02 2000-01 1999-00 1998-99 1997-98 1996-97 1995-96 1994-95 1993-94 1992-93 1991.92 1990-91 1989-90 1988-89 1987-88 1986-87 1985-86 YEAR-TO-DATE $ 28,647.10 $ 56,200.25 123,905.41 240,621.31 -115,624.50 -2,674.96 91,935.98 29,594.71 116,572.09 47,934.52 148,893.57 31,731.80 12,404.78 -49,576.00 -107,707.53 58,639.31 41,828.42 99,757.81 270,222.69 TOTAL YEAR 674,749.41 1,500,216.86 2,642,502.96 1,841,539.16 1,702,889.57 1,478,232.91 1,256,907.31 974,113.25 1,001,709.56 1,011,586.52 721,913.49 864,052.63 1,303,878.52 1,544,993.71 1,311,930.94 979,435.87 1,048,978.23 1,321,688.93 Pg 1 SymPro CUSIP Investment # Issuer City of National City Investments by Brokers Investments Purchased From Finance 500 Inc August 31, 2003 Purchase Date Book Value Par Value City of National City Current YTM YTM Maturity Days To Market Value Rate 360 385 Date Maturity Certificates of Deposit - Monthly 065284AH4 143876AX8 177707ACO 25467BB98 340558CE3 32112FAD6 63336QAB1 74407ML80 10757 10801 10755 10643 10702 10720 10629 10701 10756 10598 Bank of Tennessee Global Credit Union Bank of Little Chute Carolina Firtst Bank City Bank Discover Bank Florida Bank, NA FNB of Rockies National Bank of Commerce Plains Capital Bank 08/09/2002 11/04/2002 08/07/2002 12/07/2001 05/15/2002 06/12/2002 09/26/2001 05/15/2002 08/08/2002 07/11/2001 99,000.00 99,000.00 99,000.00 95,000.00 95,000.00 95;000.00 99,000.00 95,000.00 95,000.00 95,000.00 99,000.00 99,000.00 99,000.00 95,000.00 95,000.00 95,000.00 99,000.00 95,000.00 95,000.00 95,000.00 99,791.01 2.750 2.712 99,000.00 3.250 3.205 99,832.59 2.800 2.761 95,000.00 4.100 4.043 99,505.85 4.900 4.832 96,333.80 3.650 3.600 99,000.00 5.150 5.079 99,379.50 4.850 4.783 95,798.95 2.800 2.761 95,000.00 5.200 5.128 Subtotal and Average 966,000,00 966,000.00 978,641.70 2.750 3.250 2.800 4.100 4.900 3.650 5.150 4.850 2.800 5.200 3.883 3.937 08/09/2004 11/04/2004 08/06/2004 06/07/2004 05/15/2007 06/14/2004 09/26/2006 05/15/2007 08/09/2004 07/12/2004 343 430 340 280 1,352 287 1,121 1,352 343 315 815 Certificates of Deposit - Maturity 066320ZF2 10234 Bankers Trust 05/20/1999 Subtotal and Average 95,000.00 95,000.00 95,000.00 6.000 6.000 6.083 05/20/2004 262 95,000.00 95,000.00 95,000.00 6.000 6.083 262 Negotiable/Transferable CDs 0279999X1 10358 06035ADT7 10072 0649999X5 10346 20348PAFO 10727 203584AD9 10071 206073AKA 10726 258115AV6 10041 90715-17243-619 10031 30241HXE3 10159 10282 10870 46146MBU2 10818 458657EV1 10688 531554AG8 10166 509685AC7 10165 Run Dale: 11/06/2003 - 10:35 American National B & TC Bank & Trust of Puerto Rico Bank One, Colorado Community Bank of Boone Community Bank of Ravenswood Concord Bank Dora! FSB Farmers Bank FCC National Bank Great South Texas Bank Investors Community Bank Investors Bank Intercredit Bank Libertyville Bank & Trust Lake Forest Bank & Trust 02/18/2000 01/27/1999 01/25/2000 06/28/2002 01/28/1999 06/28/2002 12/10/1998 10/02/1998 03/10/1999 09/15/1999 07/29/2003 09/03/2002 04/30/2002 04/06/1999 04/06/1999 74,790.18 95,000.00 74,790.18 97,000.00 95,000.00 99,000.00 98,384.22 75,948.98 95,000.00 75,811.23 98,267.60 95,000.00 95,000.00 95,000.00 95,000.00 100,000.00 95,000.00 100,000.00 97,000.00 95,000.00 99,000.00 99,000.00 100,000.00 95,000.00 100,000.00 99,000.00 95,000.00 95,000.00 95,000.00 95,000.00 100,000.00 6.760 15.582 95,000.00 5.300 5.227 100,000.00 6.760 15.581 98,312.41 3.600 3.550 95,000.00 5.350 5.276 100,126.62 3.500 3.452 99,000.00 5.350 5.417 100,000.00 5.650 13.580 95,000.00 5.700 5.621 100,000.00 6.550 14.981 97,691.42 1.550 1.973 95,000.00 3.000 2.958 95,000.00 4.900 4.832 95,000.00 5.550 5.473 95,000.00 5.550 5.473 15.798 5.300 15.797 3.599 5.350 3.499 5.492 13.769 5.700 15.189 2.000 3.000 4.900 5.549 5.549 02/11/2005 01/27/2004 01/13/2005 06/11/2004 01/28/2004 05/03/2004 12/10/2003 10/02/2003 03/10/2004 07/28/2004 05/16/2005 09/03/2007 04/30/2007 03/26/2004 03/26/2004 529 148 500 284 149 245 100 31 191 331 623 1,463 1,337 207 207 Portfolio CNC CC DO (PRF_DD) SymRept V5.02f CUSIP Investment # Issuer City of National City Investments Purchased From Finance 500 Inc August 31, 2003 Purchase Date Book Value Par Value Page 2 Current YTM YTM Maturity Days To Market Value Rate 360 365 Date Maturity Negotiable/Transferable CDs 10329 82668FCS4 10137 8649999X9 10347 10281 90331V9X2 10353 6514-18644-1 10332 Bank of Mount Vernon Signet Bank Success National Bank Upstate National Bank U S Bank NA Wilmington Trust Co 02/26/1999 03/01/1999 01/31/2000 10/05/1999 02/04/2000 03/08/1999 Subtotal and Average 69,971.36 97,886,10 79,937.85 78,963.99 74,008.71 ;., 76,570.64 100,000.00 95,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 5.600 95,000.00 6.250 100,000.00 6.270 100,000.00 6.570 100,000.00 7.020 100,000.00 8.150 1,836,331.04 2,054,000.00 2,055,130.45 14.352 5.424 13.920 14.686 16.279 13.987 14.551 09/14/2005 5.499 10/29/2003 14.113 01/31/2004 14.890 10/24/2003 16.505 02/03/2005 14.181 02/26/2004 8.335 8.451 744 58 152 53 521 178 384 Federal Agency Securities 31339X0N7 10867 3133Y6G2 31339YYD8 3133X07B9 3133X0DW6 10868 10882 10883 10884 Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank 07/02/2003 07/17/2003 08/13/2003 08/20/2003 08/27/2003 Subtotal and Average 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 500,000.00 500,000.00 96,094.00 96,500.00 98,094.00 97,094.00 100,000.00 487,782.00 2.000 2.000 3.000 3.000 3.250 1.972 1.972 2.958 2.958 3.205 2.000 2.000 3.000 3.000 3.250 2.614 2.650 07/02/2008 07/17/2008 08/13/2008 08/20/2008 08/27/2008 1,766 1,781 1,808 1,815 1,822 1,798 Pass Through Securities 3133TGSG5 10637 31376PGY5 10126 Federal Home Loan Mrtgage Corp Federal Natl. Mortgage Assoc. 11/30/1998 0.00 0.00 0.00 6.000 5.917 6.000 01/15/2013 3,424 12/01/1998 16,668.08 15,993.17 17,075.59 8.500 7.605 7.710 07/01/2011 2,860 Subtotal and Average Total Investments and Average Fd 7Q {,.p Run Date: I1/06/2003 - 10:35 16,668.08 3,413,999.12 15,993.17 3,630,993.17 17,075.59 3,633,629.74 7.605 7.711 6.169 6.255 2,860 865 Portfolio CNC CC DO (PRF_DD) SymRept V5.02( City of National City Investments Purchased From Gilford Securities Inc August 31, 2003 Page 3 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Federal Agency Securities 3133MXEGOC 10833 Federal Home Loan Bank 04/10/2003 99,250.00 100,000.00 98,438.00 2.250 2.377 2.410 04/10/2008 1,683 3133MYF28C 10841 Federal Home Loan Bank 05/14/2003 100,000.00 100,000.00 99,688.00 3.000 2.958 3.000 05/14/2008 1,717 3128X1DQ7C 10842 Federal Home Loan Bank 05/28/2003 100,000.00 100,000.00 98,672.50 2.700 2.663 2.700 05/28/2008 1,731 31339XTQ7C 10849 Federal Home Loan Bank 06/30/2003 100,000.00 100,000.00 96,438.00 2.000 1.972 2.000 06/30/2008 1,764 31339Y6G2C 10856 Federal Home Loan Bank 07/17/2003 99,937.50 100,000.00 96,500.00 2.000 1.985 2.013 07/17/2008 1,781 31339YFN7C 10857 Federal Home Loan Bank 07/24/2003 99,750.00 100,000.00 96,750.00 2.000 2.024 2.052 07/24/2008 1,788 31339YPB2C 10858 Federal Home Loan Bank 07/30/2003 100,000.00 100,000.00 100,000.00 2.500 2.465 2.500 07/30/2008 1,794 31339YY08C 10872 Federal Home Loan Bank 08/13/2003 100,000.00 100,000.00 100,000.00 3.000 2.958 3.000 08/13/2008 - 1,808 31339YVS8C 10873 Federal Home Loan Bank 08/14/2003 100,000.00 100,000.00 98,156.00 2.500 2.465 2.500 08/14/2008 1,809 3133X0AE9C 10874 Federal Home Loan Bank 08/20/2003 99,937.50 100,000.00 98,656.00 2.500 2.478 2.513 08/20/2008 1,815 3133X00E8 10875 Federal Home Loan Bank 08/26/2003 100,000.00 100,000.00 98,344.00 3.000 2.958 3.000 08/26/2008 1,821 3133X0HE2C 10876 Federal Home Loan Bank 08/27/2003 99,687.50 100,000.00 100,062.50 3.250 3.272 - 3.318 08/27/2008 1,822 Subtotal and Average 1,198,562.50 1,200,000.00 - 1,181,705.00 2.549 2.584 1,777 Total Investments and Average 1,198,562.50 Run Date: 11/06/2003 - 10:35 1,200,000.00 1,181, 705.00 2.549 2.584 1,777 Portfolio CNC CC DD (PRF_DD) SymRept V5.02f CUSIP Investment # Issuer City of Nk...onal City Investments Purchased From Multi -Bank Securities Inc August 31, 2003 Purchase Date Book Value Par Value Page 4 Current YTM YTM Maturity Days To Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly 10825 10852 10577 10877 10604 10578 10597 10851 10791 10859 654062AMO 10584 10850 10861 10599 10763 10596 10843 10878 10682 10662 10762 10862 10574 Approved Federal Savings Bank Bank of Bonifay Bankfirst NA Boardwalk Bank Bank of Arkansas Heritage Bank Legacy Bank of Harrisburg MBNA America Midsouth Bank . NCB Savings Bank FSB Nicolet National Bank Orion Bank Pan American Bank Park Avenue Bank NA, The PlantersFirst Bank Providian Bank Southern New Hampshire B&T Co. Southern National Bank -Texas State Farm Financial Svcs, FSB Sterling Bank & Trust, FSB Total Bank Washington Savings Bank, FSB York State Bank & Trust 03/18/2003 06/11/2003 06/22/2001 08/07/2003 07/20/2001 06/28/2001 07/12/2001 06/05/2003 10/04/2002 07/17/2003 06/01/2001 06/05/2003 07/28/2003 07/11/2001 08/27/2002 07/10/2001 05/08/2003 08/29/2003 03/06/2002 01/25/2002 08/26/2002 07/31/2003 06/27/2001 Subtotal and Average 99,000.00 99,000.00 99,000.00 1.750 1.726 1.750 09/18/2003 17 95,000.00 95,000.00 95,000.00 2.350 2.317 2.350 06/11/2005 649 99,000.00 99,000.00 99,000.00 5.350 5.276 5.350 06/22/2004 295 99,000.00 99,000.00 99,000.00 2.250 2.219 2.250 08/08/2005 707 100,000.00 100,000.00 100,000.00 5.170 5.099 5.170 07/20/2004 323 99,000.00 99,000.00 99,000.00 5.100 5.030 5.100 12/29/2003 119 99,000.00 99,000.00 99,000.00 5.500 5.424 5.500 07/12/2004 315 99,000.00 - 99,000.00 99,000.00 2.430 2.396 2.430 06/05/2005 643 99,000.00 99,000.00 99,000.00 2.780 2.722 2.760 10/06/2003 35 99,000.00 99,000.00 99,000.00 2.100 2.071 2.100 07/18/2005 886 99,000.00 99,000.00 99,936.54 5.100 5.030 5.100 12/01/2003 91 99,000.00 99,000.00 99,000.00 2.226 2.195 2.226 06/06/2005 644 99,000.00 99,000.00 99,000.00 2.100 2.071 2.100 07/28/2005 696 99,000.00 99,000.00 99,000.00 5.400 5.326 5.400 07/12/2004 315 99,000.00 99,000.00 99,000.00 3.400 3.353 3.400 08/27/2004 361 99,000.00 99,000.00 99,000.00 5.480 5.404 5.480 07/09/2004 312 99,000.00 99,000.00 99,000.00 2.000 1.972 2.000 05/08/2004 250 99,000.00 99,000.00 99,000.00 2.750 2.712 2.750 08/25/2005 724 100,000.00 100,000.00 100,000.00 4.350 4.290 4.350 03/08/2004 189 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 01/25/2004 146 99,000.00 99,000.00 99,000.00 3.150 3.106 3.150 11/26/2003 86 99,000.00 99,000.00 99,000.00 2.250 2.219 2.250 07/30/2005 698 99,000.00 99,000.00 99,000.00 5.100 5.100 5.170 12/29/2003 119 2,275,000.00 2,275,000.00 2,275,936.54 3.528 3.577 365 Negotiable/Transferable CDs 356611FU2060 10188 39739B536060 10162 441800AY8080 10167 685621 CW2060 10034 798219AB7060 10146 Run Date: 11/06/2003 -10:35 Fremont Investment & Loan Greenwood Trust Company DE Household Bank Orchard Federal Savings Bank San Jose National Bank 04/07/1999 03/17/1999 04/07/1999 11/04/1998 03/03/1999 97,000.00 100,000.00 97,000.00 99,000.00 97,000.00 Subtotal and Average 490,000.00 97,000.00 100,000.00 97,000.00 99,000.00 97,000.00 99,333.82 5.600 5.523 5.600 04/07/2004 219 102,219.00 5.600 5.523 5.600 03/17/2004 198 99,275.62 5.500 5.424 5.500 04/07/2004 219 99,154.44 5.750 5.671 5.750 11/04/2003 64 98,923.51 5.400 5.326 5.400 03/03/2004 184 490,000.00 498,906.39 5.495 5.571 176 Portfolio CNC CC DD (PRF_0D) SymRept V5.02f City of National City Investments Purchased From Multi -Bank Securities Inc August 31, 2003 Page 5 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Pass Through Securities 31364TKP5060 10103 Federal Natl. Mortgage Assoc. 02/18/1998 Subtotal and Average 0.00 0.00 0.00 8.250 7.206 7.307 11/01/2004 427 0.00 0.00 0.00 0.000 0.000 0 Run Date: 11/06/2003 - 10:35 Total Investments and Average 2,765,000.00 2,765,000.00 2,774,842.93 3.878 3.930 331 Portfolio CNC CC DD (PRF_DD) SymRept V5.02f City of Na...nal City Investments Purchased From PaineWebber Inc August 31, 2003 Page 6 Purchase Current YTM YTM Maturity Days To CUSIP investment # Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Federal Agency Securities 3133MYLK1 10844 Federal Home Loan Bank 05/21/2003 100,000.00 100,000.00 99,782.00 3.000 2.958 3.000 05/21/2008 1,724 31339XON7 10863 Federal Home Loan Bank 07/02/2003 100,000.00 100,000.00 96,172.00 2.000 1.972 2.000 07/02/2008 1,766 3133X0AE9 10879 Federal Home Loan Bank 08/20/2003 100,000.00 100,000.00 99,387.00 2.500 2.465 2.500 08/20/2008 1,815 Subtotal and Average 300,000.00 300,000.00 295,341.00 2.466 2.500 1,768 Total investments and Average 300,000.00 300,000.00 295,341.00 2.466 2.500 1,768 Portfolio CNC CC DO (PRF_OD) SymRept V5.02f Run Date: 11 /06/2003 - 10:35 City of National City Investments Purchased From U.S. Sterling Capital Corp. August 31, 2003 Page 7 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly 10606 Abington Savings Bank 07/26/2001 99,000.00 99,000.00 99,000.00 5.200 5.128 5.200 07/26/2004 329 10855 Alerus Financial Bank 06/25/2003 99,000.00 99,000.00 99,000.00 2.200 2.169 2.200 06/27/2005 665 10698 American Bank 04/25/2002 99,000.00 99,000.00 99,000.00 4.100 4.043 4.100 04/25/2004 237 10672 American Bank, N.A. 03/29/2002 99,000.00 99,000.00 99,000.00 4.200 4.142 4.200 03/29/2004 210 10793 Bay Financial Savings Bank 10/09/2002 99,000.00 99,000.00 99,000.00 3.300 3.254 3.300 10/12/2004 407 10594 Bank of Jamestown 07/05/2001 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 01/05/2004 126 10696 Business Bank of Fox River Vly 04/23/2002 99,000.00 99,000.00 99,000.00 4.150 4.093 4.150 04/23/2004 235 10854 Bitteroot Valley Bank 06/25/2003--99,1000.00 99,000.00 99,000.00 2.150 2.120 2.150 06/25/2005 663 10749 Capital One Bank 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 3.984 4.040 07/09/2004 312 10748 Capital One FSB 07/09/2002- 100,000.00 100,000.00 100,000.00 4.040 3.984 4.040 07/09/2004 312 10716 Colony Bank of Asbum 05/14/2002 99,000.00 99,000.00 99,000.00 4.000 3.945 4.000 05/13/2004 255 10700 Centennial Bank of the West 04/30/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 04/30/2004 242 10847 Community National Bank 05/22/2003 99,000.00 99,000.00 99,000.00 2.150 2.120 2.150 11/22/2004 448 10592 Cumberland National Bank 07/02/2001 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 01/02/2004 123 10575 Edgar County Bank & Trust Co. 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 5.170 12/29/2003 119 10802 E-Trade Bank 11/25/2002 99,000.00 99,000.00 99,000.00 2.960 2.919 2.960 11/26/2004 452 10895 First Alliance Bank 04/19/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 04/19/2004 231 10800 Frirst Community Bank 11/01/2002 99,000.00 99,000.00 99,000.00 3.250 3.205 3.250 11/01/2004 427 10812 First Enterprise Bank, West Br 02/18/2003 99,000.00 99,000.00 99,000.00 2.850 2.810 2.850 02/18/2005 536 10595 First Western Bank 07/09/2001 99,000.00 99,000.00 99,000.00 5.200 5.128 5.200 07/09/2004 312 10866 First National Bank of Barron 07/21/2003 99,000.00 99,000.00 99,000.00 2.150 2.120 2.150 07/25/2005 693 10699 FNB of Elk River 04/29/2002 99,000.00 99,000.00 99,000,00 4.050 3.994 4.050 04/29/2004 241 10753 First National Bank Northeast 07/29/2002 99,000.00 99,000.00 99,000.00 3.840 3.787 3.840 07/29/2004 332 10829 First State Bank of Conway 03/24/2003 99,000.00 99,000.00 99,000.00 2.550 2.515 2.550 03/24/2005 570 10600 First State Bank of Okabena 07/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 07/13/2004 316 10747 Garden City State Bank 07/01/2002 99,000,00 99,000,00 99,000.00 4.050 3.994 4.050 07/01/2004 304 10737 Heritage Bank of Ashland 06/24/2002 99,000.00 99,000.00 99,000.00 4.000 3.945 4.000 06/24/2004 297 10605 Home Federal Bank of Hollywood 07/24/2001 99,000.00 - 99,000.00 99,000.00 5.150 5.079 5.150 07/23/2004 326 10693 Hinsbrook Bank & Trust 04/17/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 01/20/2004 141 10880 Home Bank of Arkansas 08/13/2003 99,000.00 99,000.00 99,000.00 - 2.450 2.416 2.450 08/15/2005 714 10697 Illini Bank 04/24/2002 99,000.00 99,000.00 99,000.00 4.200 4.142 4.200 04/24/2004 236 10865 IndyMac Bank FSB 07/08/2003 99,000.00 99,000.00 99,000.00 2.120 2.090 2.120 07/08/2005 676 10846 International Bank of Chicago 05/14/2003 99,000.00 99,000.00 99,000.00 2.550 2.515 2.550 05/16/2005 623 10523 Key Bank USA 05/21/2001 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 11/21/2003 81 Run Date: 11/O6/2003 - 10:35 Portfolio CNC CC DO (PRE_DO) SymRept V5.02f CUSIP Investment # Issuer City of Nar,tonal City Investments Purchased From U.S. Sterling Capital Corp. August 31, 2003 Purchase Date Book Value Par Value Page 8 Current YTM YTM Maturity Days To Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly 10565 10810 10813 10671 10736 10715 10864 10837 10714 10828 10845 10776 10694 10525 10774 10570 10751 10775 10811 10717 10808 10853 10752 10601 10602 10578 10809 10836 Lakeland Community Bank Lone Star National Bank Lowcountry National Bank Manufacturers & Traders Trust Mercantile T&SB Mesa Bank Mutual Bank Northeast Bank FSB New Frontier Bank Omni National Bank Pioneer Bank PNB Financial Bank Premier Bank of Tallahassee Peoples State Bank of Truman Peoples State Bank Suburban Bank & Trust Security Bank SouthTrust Bank Stockmans Bank Traditional Bank Treasury Bank Union Credit Bank Union National Bank of Elgin, Union Bank Wauwatosa Savings Bank World's Foremost Bank Webster Five Cents Savings Bk. West Pointe Bank 06/13/2001 02/11/2003 02/27/2003 03/25/2002 06/04/2002 05/09/2002 07/03/2003 04/24/2003 05/08/2002 03/21/2003. 05/05/2003 09/24/2002 04/22/2002 05/25/2001 09/12/2002 06/20/2001 07/15/2002 09/19/2002 02/13/2003 05/16/2002 01/28/2003 06/18/2003 07/18/2002 07/16/2001 07/18/2001 06/29/2001 01/30/2003 04/10/2003 Subtotal and Average Total Investments and Average Run Date: 11/06/2003 - 10:35 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 12/12/2003 102 99,000.00 99,000.00 99,000.00 2.800 2.761 2.800 02/11/2005 529 99,000.00 99,000.00 99,000.00 2.750 2.712 2.750 02/28/2005 546 99,000.00 99,000.00 99,000.00 4.1'10 4.053 4.110 03/25/2004 208 99,000.00 99,000.00 99,000.00 4.250 4.191 4.250 09/07/2004 372 99,000.00 99,000.00 99,000.00 4.100 4.043 4.100 05/10/2004 252 99,000.00 99,000.00 99,000.00 2.000 1.972 2.000 07/05/2005 673 99,000.00 99,000.00 99,000.00 2.350 2.317 2.350 04/25/2005 602 99,000.00 99,000.00 99,000.00 4.100 4.043 4.100 05/08/2004 250 99,000.00 99,000.00 99,000.00 2.350 2.317 2.350 01/20/2005 507 99,000.00 99,000.00 99,000.00 2.300 2.268 2.300 05/05/2005 612 99,000.00 99,000.00 99,000.00 3.250 3.205 3.250 09/24/2004 389 99,000.00 99,000.00 99,000.00 4.150 4.093 4.150 04/22/2004 234 99,000.00 99,000.00 99,000.00 5.300 5.227 5.300 11/25/2003 85 99,000.00 99,000.00 99,000.00 3.450 3.402 3.450 09/13/2004 378 99,000.00 99,000.00 99,000.00 5.350 5.276 5.350 12/22/2003 112 99,000.00 99,000.00 99,000.00 3.980 3.925 3.980 07/15/2004 318 99,000.00 99,000.00 99,000,00 3.390 3.343 3.390 10/19/2004 414 99,000.00 99,000.00 99,000.00 2.800 2.761 2.800 02/13/2005 531 99,000.00 99,000.00 99,000.00 4.250 - 4.191 4.250 07/16/2004 319 99,000.00 99,000.00 99,000.00 3.050 3.008 3.050 01/28/2005 515 99,000.00 99,000.00 99,000.00 2.300 2.268 2.300 06/20/2005 658 99,000.00 99,000.00 99,000.00 3.940 3.886 3.940 07/18/2004 321 99,000.00 99,000.00 99,000.00 5.200 5.128 5.200 07/16/2004 319 99,000.00 99,000.00 99,000.00 5.150 5.079 5.150 01/20/2004 141 100,000.00 100,000.00 100,000.00 5.300 5.227 5.300 06/29/2004 302 99,000.00 99,000.00 99,000.00 2.920 2.880 2.920 01/30/2005 517 99,000.00 99,000.00 99,000.00 2.350 2.317 2.350 04/11/2005 588 6,141,000.00 6,141,000.00 6,141,000.00 3.686 3.738 370 6,141,000.00 6,141,000.00 6,141,000.00 3.686 3.738 370 Portfolio CNC CC DD (PRF_OD) SymRept V5.02f 3r884- SymPro City of National City Portfolio Management Portfolio Summary August 31, 2003 City of National City Investments Par Market Book Y.of Days to YTM/C YTM/C Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Certificates of Deposit - Monthly 9,382,000.00 9,395,578.24 9,382,000.00 67.89 816 395 3.668 3.719 Certificates of Deposit - Maturity 95,000.00 95,000.00 95,000.00 0.69 1,827 282 6.000 6.083 Negotiable/Transferable CDs 2,544,000.00 2,554,036.84 2,326,331.04 16.83 1,666 340 7.737 7.845 Federal Agency Securities 2,000,000.00 1,964,828.00 1,998,562.50 14.46 1,827 1,782 2.552 2.588 Pass Through Securities 15,993.17 17,075.59 16,668.08 0.12 4,595 2,860 7.605 7.711 Investments 14,036,993.17 14,026,518.67 13,818,561.62 100.00% 1,117 588 4.213 4.271 Total Earnings August 31 Month Ending Fiscal Year To Date Current Year Average Daily Balance Effective Rate of Return Marylou Matienzo, Director of Finance Run Date: 11/06/2003 - 10:36 44,935.19 13,294,449.21 3.98% 87,852.32 13,064,293.27 3.96% Portfolio CNC CC PM (PRF_PM1) SymRept V5.02f City of National City Portfolio Management Portfolio Details - Investments August 31, 2003 Average Purchase CUSIP Investment # Issuer Balance Date Par Value Page 2 Stated YTM/C Days to Maturity Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10806 Abington Savings Bank 07/26/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 329 07/26/2004 10855 Alerus Financial Bank 06/25/2003 99,000.00 99,000.00 99,000.00 2.200 2.200 665 06/27/2005 10698 American Bank 04/25/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 237 04/25/2004 10672 American Bank, N.A. 03/29/2002 99,000.00 99,000.00 99,000.00 4.200 4.200 210 03/29/2004 10825 Approved Federal Savings Bank 03/18/2003 99,000.00 99,000.00 99,000.00 1.750 1.750 17 09/18/2003 10852 Bank of Bonifay 06/11/2003 95,000.00 95,000.00 95,000.00 2.350 2.350 649 06/11/2005 065284AH4 10757 Bank of Tennessee 08/09/2002 99,000.00 99,791.01 99,000.00 2.750 2.750 343 08/09/2004 10793 Bay Financial Savings Bank 10/09/2002 99,000.00 99,000.00 99,000.00 3.300 3.300 407 10/12/2004 10577 Bankfirst NA 06/22/2001- 99,000.00 99,000.00 99,000.00 5.350 5.350 295 06/22/2004 10801 Global Credit Union 11/04/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 430 11/04/2004 10877 Boardwalk Bank 08/07/2003 99,000.00 99,000.00 99,000.00 2.250 2.250 707 08/08/2005 10604 Bank of Arkansas 07/20/2001 100,000.00 100,000.00 100,000.00 5.170 5.170 323 07/20/2004 10594 Bank of Jamestown 07/05/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 126 01/05/2004 10755 Bank of Little Chute 08/07/2002 99,000.00 99,832.59 99,000.00 2.800 2.800 340 08/06/2004 10696 Business Bank of Fox River Vly 04/23/2002 99,000.00 99,000,00 - 99,000.00 4.150 4.150 235 04/23/2004 10854 Bitteroot Valley Bank 06/25/2003 - 99,000.00 99,000.00 99,000.00 2.150 2.150 663 06/25/2005 10749 Capital One Bank 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 4.040 312 07/09/2004 10748 Capital One FSB 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 4.040 312 07/09/2004 10716 Colony Bank of Asbum 05/14/2002 99,000.00 99,000.00 99,000.00 4.000 4.000 255 05/13/2004 10700 Centennial Bank of the West 04/30/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 242 04/30/2004 143876AX8 10643 Carolina Firtst Bank 12/07/2001 95,000.00 95,000.00 95,000.00 4.100 4.100 280 06/07/2004 177707ACO 10702 City Bank 05/15/2002 95,000.00 99,505.85 95,000.00 4.900 4.900 1,352 05/15/2007 10847 Community National Bank 05/22/2003 99,000.00 99,000.00 99,000.00 2.150 2.150 448 11/22/2004 10592 Cumberland National Bank 07/02/2001 99,000.00 99,000.00 99,000.00. 5.250 5.250 123 01/02/2004 25467BB98 10720 Discover Bank 06/12/2002 95,000.00 96,333.80 95,000.00 3.850 3.650 287 06/14/2004 10575 Edgar County Bank & Trust Co. 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 119 12/29/2003 10802 E-Trade Bank 11/25/2002 99,000,00 99,000.00 99,000.00 2.960 2.960 452 11/26/2004 10695 First Alliance Bank 04/19/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 231 04/19/2004 10800 Frirst Community Bank 11/01/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 427 11/01/2004 10812 First Enterprise Bank, West Br 02/18/2003 99,000.00 99,000.00 99,000.00 2.850 2.850 536 02/18/2005 10595 First Western Bank 07/09/2001 99,000.00 99,000.00 99,000.00. 5.200 5.200 312 07/09/2004 340558CE3 10829 Florida Bank, NA 09/26/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 1,121 09/26/2006 10866 First National Bank of Barron 07/21/2003 99,000.00 99,000.00 - 99,000.00 2.150 2.150 693 07/25/2005 10699 FNB of Elk River 04/29/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 241 04/29/2004 10753 First National Bank Northeast 07/29/2002 99,000.00 99,000.00 99,000.00 3.840 3.840 332 07/29/2004 32112FAD6 10701 FNB of Rockies 05/15/2002 95,000.00 99,379.50 95,000.00 4.850 4.850 1,352 05/15/2007 Portfolio CNC QC CC p..i Run Dale: 11/06/2003 -10:36 PM (PRF_PM2) SymRept V . 0 -, CUSIP investment # issuer City of National City Portfolio Management Page 3 Portfolio Details - Investments August 31, 2003 Average Purchase Stated YTM/C Days to Maturity Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10829 First State Bank of Conway 03/24/2003 99,000.00 99,000.00 99,000.00 2.550 2.550 570 03/24/2005 10600 First State Bank of Okabena 07/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 316 07/13/2004 10747 Garden City State Bank 07/01/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 304 07/01/2004 10737 Heritage Bank of Ashland 06/24/2002 99,000.00 99,000.00 99,000.00 4.000 4.000 297 06/24/2004 10576 Heritage Bank 06/28/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 119 12/29/2003 10605 Home Federal Bank of Hollywood 07/24/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 326 07/23/2004 10693 Hinsbrook Bank & Trust 04/17/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 141 01/20/2004 10880 Home Bank of Arkansas 08/13/2003 9p,000.00 99,000.00 99,000.00 2.450 2.450 714 08/15/2005 10697 Illini Bank 04/24/2002 99,000.00 99,000.00 99,000.00 4.200 4.200 236 04/24/2004 10865 IndyMac Bank FSB 07/08/2003 99,000.00 99,000.00 99,000.00 2.120 2.120 676 07/08/2005 10846 International Bank of Chicago 05/14/2003 99,000.00 99,000.00 99,000.00 2.550 2.550 623 05/16/2005 10523 Key Bank USA 05/21/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 81 11/21/2003 10597 Legacy Bank of Harrisburg 07/12/2001 99,000.00 99,000.00 99,000.00 5.500 5.500. 315 07/12/2004 10565 Lakeland Community Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 102 12/12/2003 10810 Lone Star National Bank 02/11/2003 99,000.00 99,000.00 99,000.00 2.800 2.800 529 02/11/2005 10813 Lowcountry National Bank 02/27/2003 99,000.00 99,000.00 99,000.00 2.750 2.750 546 02/28/2005 10671 Manufacturers & Traders Trust 03/25/2002 99,000.00 99,000.00 99,000.00 4.110 4.110 206 03/25/2004 10851 MBNA America 06/05/2003 99,000.00 99,000.00 99,000.00 2.430 2.430 643 06/05/2005 10736 Mercantile T&SB 06/04/2002 99,000.00 99,000.00 99,000.00 4.250 4.250 372 09/07/2004 10791 Midsouth Bank 10/04/2002 99,000.00 99,000.00 99,000.00 2.760 2.760 35 10/06/2003 10715 Mesa Bank 05/09/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 252 05/10/2004 10864 Mutual Bank 07/03/2003 99,000.00 99,000.00 99,000.00 2.000 2.000 873 07/05/2005 633360AB1 10756 National Bank of Commerce 08/08/2002 95,000.00 95,798.95 95,000.00 2.800 2.800 343 08/09/2004 10859 NCB Savings Bank FSB 07/17/2003 99,000.00 99,000.00 99,000.00 2.100 2.100 686 07/18/2005 10837 Northeast Bank FSB 04/24/2003 99,000.00 99,000.00 99,000.00 2.350 2.350 602 04/25/2005 10714 New Frontier Bank 05/08/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 250 05/08/2004 654062AMO 10564 Nicolet National Bank 06/01/2001 99,000.00 99,936.54 99,000.00 5.100 5.100 91 12/01/2003 10828 Omni National Bank 03/21/2003 99,000.00 99,000.00 99,000.00 2.350 2.350 507 01/20/2005 10850 Orion Bank 06/05/2003 99,000.00 99,000.00 99,000.00 2.226 2.226 644 06/06/2005 10861 Pan American Bank 07/28/2003 99,000.00 99,000.00 99,000.00 2.100 2.100 696 07/28/2005 10599 Park Avenue Bank NA, The 07/11/2001 99,000.00 99,000.00 99,000.00 5.400 5.400 315 07/12/2004 10845 Pioneer Bank 05/05/2003 99,000.00 99,000.00 99,000.00 2.300 2.300 612 05/05/2005 10763 PlantersFirst Bank 08/27/2002 99,000.00 99,000.00 99,000.00 3.400 3.400 361 08/27/2004 74407ML60 10598 Plains Capital Bank 07/11/2001 95,000.00 95,000.00 95,000.00 5.200 5.200 315 07/12/2004 10776 PNB Financial Bank 09/24/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 389 09/24/2004 10694 Premier Bank of Tallahassee 04/22/2002 99,000.00. 99,000.00 99,000.00 4.150 4.150 234 04/22/2004 tl Run Date: 11 /06/2003 - 70:36 Portfolio CNC CC PM (PRF_PM2) SymRept V5.021 City of National City Portfolio Management Portfolio Details - Investments August 31, 2003 Average Purchase CUSIP Investment # Issuer Balance Date Par Value Page 4 Stated YTM/C Days to Maturity Market Value Book Value Rate Moody's 385 Maturity Date Certificates of Deposit - Monthly 10596 Providian Bank 07/10/2001 99,000.00 99,000.00 99,000.00 5.480 5.300 85 05.480 312 07/09/2004/09/2004 10525 Peoples State Bank of Truman 05/25/2001 99,000.00 99,000.00 99,000.00 5.300 10774 Peoples State Bank 09/12/2002 99,000.00 99,000.00 99,000.00 3.450 3.450 378 09/13/2004 10570 Suburban Bank & Trust 06/20/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 112 12/22/2003 10751 Security Bank 07/15/2002 99,000.00 99,000.00 99,000.00 3.980 3.980 318 07/15/2004 99,000.00 99,000.00 99,000.00 2.000 2.000 250 05/08/2004 Bank- 10878 Southern New HampshireB&TCo. 08/29/2003 99,000.00 2.750 2.750 724 08/25/2005 10878 Southern National Bank -Texas 08/29/2003 99,000.00 99,000.00 4.350 189 03/08/2004 10682 State Farm Financial Svcs, FSB 03/06/2002 100,000.00 100,000.00 100,000.00 4.350 3.390 89 3/08/2004 10775 SouthTrust Bank 09/19/2002 99,000.00 99,000.00 99,000.00 3.390 4.050 44 1/9/2004 10662 Sterling Bank & Trust, FSB 01/25/2002 99,000.00 99,000.00 99,000.00 4.050 10811 Stockmans Bank 02/13/2003 99,000.00 99,000.00 99,000.00 2.800 2.800 531 02/13/2005 10762 Total Bank 08/26/2002 99,000.00 99,000.00 99,000.00 3.150 3.150 86 11/26/2003 10717 Traditional Bank 05/16/2002 99,000.00 99,000.00 99,000.00 4.250 4.250 319 07/16/2004 01/28/2003 99,000.00 99,000.00 99,000.00 3.050 3.050 515 01/28/2005 10853 reosury Bank 2.300 658 06/20/2005 10853 Union Credit Bank 06l18/2003 99,000.00 99,000.00 99,000.00 2.300 10752 Union National Bank of Elgin, 07/18/2002 99,000.00 99,000.00 99,000.00 3.940 5.2003.940 21 18/2004 2004 10801 Union Bank 07/16/2001 99,000.00 99,000.00 99,000.00 5.200 2 200 31939 07/07/16/2004 10862 Washington Savings Bank, FSB 07/31/2003 99,000.00 99,000.00 99,000.00 2.250 10602 Wauwatosa Savings Bank 07/18/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 141 01/20/2004 10578 World's Foremost Bank 06/29/2001 100,000.00 100,000.00 100,000.00 5.300 5.300 302 06/29/2004 10809 Webster Five Cents Savings Bk. 01/30/2003 99,000.00 99,000.00 99,000.00 2.920 2.920 517 01/30/2005 10836 West Pointe Bank 04/10/2003 99,000.00 99,000.00 99,000.00 2.350 2.350 588 04/11/2005 10574 York State Bank & Trust 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 119 12/29/2003 Subtotal and Average 9,318,129.03 9,382,000.00 9,395,578.24 9,382,000.00 3.719 395 Certificates of Deposit - Maturity 066320ZF2 10234 Bankers Trust 05/20/1999 Subtotal and Average 95,000.00 95,000.00 95,000.00 95,000.00 8.083 282 95,000.00 95,000.00 95,000.00 6.000 8.083 262 05/20/2004 Negotiable/Transferable CDs 0279999X1 10358 American National B & TC 02/18/2000 100,000.00 100,000.00 74,790.18 6.760 15.799 529 02/11/2005 06035ADT7 10072 Bank & Trust of Puerto Rico 01/27/1999 95,000.00 95,000.00 95,000.00 5.300 5.300 148 01/27/2004 0649999X5 10346 Bank One, Colorado 01/25/2000 100,000.00 100,000.00 74,790.18 6.760 15.798 500 01/13/2005 20348PAFO 10727 Community Bank of Boone 06/28/2002 97,000.00 98,312.41 97,000.00 3.600 3.599 284 06/11/2004 203584AD9 10071 Community Bank of Ravenswood 01/28/1999 95,000.00 95,000.00 95,000.00 5.350 5.350 149 01/28/2004 206073AKA 10726 Concord Bank 08/28/2002 99,000.00 100,126.62 99,000.00 3.500 3.500 245 05/03/2004 • Portfolio CNC CC ro 70 Run Date: 11/06/2003 - 10:36 PM (PRF_PM2) SymRept V5.02f W City of National City Portfolio Management Portfolio Details - Investments August 31, 2003 Page 5 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date - Par Value Market Value Book Value Rate Moody's 365 Maturity Date Negotiable/Transferable CDs 258115AV6 10041 Doral FSB 12/10/1998 99,000.00 99,000.00 98,384.22 5.350 90715-17243-619 10031 Farmers Bank 10/02/1998 100,000.00 100,000.00 75,948.98 5.650 30241HXE3 10159 FCC National Bank 03/10/1999 95,000.00 95,000.00 95,000.00 5.700 356611FU2060 10168 Fremont Investment & Loan 04/07/1999 97,000.00 99,333.82 97,000.00 5.600 39739BS36060 10162 Greenwood Trust Company DE 03/17/1999 100,000.00 102,219.00 100,000.00 5.600 10262 Great South Texas Bank 09/15/1999 100,000.00 100,000.00 75,811.23 6.550 441800AY8060 10167 Household Bank 04/07/1999 97,000.00 99,275.62 97,000.00 5.500 10870 Investors Community Bank 07/29/2003 99,000.00 97,691.42 98,267.60 1.550 46146MBU2 10818 Investors Bank 09/03/2002 95,000.00 95,000.00 95,000.00 3.000 458857EV1 10688 Intercredit Bank 04/30/2002 95,000.00 95,000.00 95,000.00 4.900 531554AG8 10166 Libertyville Bank & Trust 04/06/1999 95,000.00 95,000.00 95,000.00 5.550 509685AC7 10165 Lake Forest Bank & Trust 04/06/1999 95,000.00 95,000.00 95,000.00 5.550 10329 Bank of Mount Vernon 02/26/1999 100,000.00 100,000.00 69,971.36 5.600 685621CW2060 10034 Orchard Federal Savings Bank 11/04/1998 99,000.00 99,154.44 99,000.00 5.750 82668FCS4 10137 Signet Bank 03/01/1999 95,000.00 95,000.00 97,886.10 6.250 798219AB7060 10146 San Jose National Bank 03/03/1999 97,000.00 98,923.51 97,000.00 5.400 8649999X9 10347 - Success National Bank 01/31/2000 100,000.00 100,000.00 79,937.85 - 6.270 10281 Upstate National Bank 10/05/1999 100,000.00 100,000.00 78,963.99 6.570 90331 V9X2 10353 U S Bank NA 02/04/2000 100,000.00 100,000.00 74,008.71 7.020 6514-18644-1 10332 Wilmington Trust Co 03/08/1999 100,000.00 100,000.00 76,570.64 6.150 Federal Agency Securities 3133MXEGOC 10833 Federal Home Loan Bank 04/10/2003 100,000.00 98,438.00 99,250.00 2.250 3133MYF28C 10841 Federal Home Loan Bank 05/14/2003 100,000.00 99,688.00 100,000.00 3.000 3128X1 DQ7C 10842 Federal Home Loan Bank 05/28/2003 100,000.00 98,672.50 100,000.00 2.700 3133MYLK1 10844 Federal Home Loan Bank 05/21/2003 100,000.00 99,782.00 100,000.00 3.000 31339XTQ7C 10849 Federal Home Loan Bank 06/30/2003 100,000.00 96,438.00 100,000.00 2.000 31339Y6G2C 10856 Federal Home Loan Bank 07/17/2003 100,000.00 96,500.00 99,937.50 2.000 31339YFN7C 10857 Federal Home Loan Bank 07/24/2003 100,000.00 96,750.00 99,750.00 2.000 31339YP82C 10858 Federal Home Loan Bank 07/30/2003 100,000.00 100,000.00 100,000.00 2.500 31339X0N7 10863 Federal Home Loan Bank 07/02/2003 100,000.00 96,172.00 100,000.00 2.000 31339X0N7 10867 Federal Home Loan Bank 07/02/2003 100,000.00 96,094.00 100,000.00 2.000 3133Y6G2 10868 Federal Home Loan Bank 07/17/2003 100,000.00 96,500.00 100,000.00 2.000 31339YYD8C 10872 Federal Home Loan Bank 08/13/2003 100,000.00 100,000.00 100,000.00 3.000 31339YVS8C 10873 Federal Home Loan Bank 08/14/2003 100,000.00 98,156.00 100,000.00 2.500 Run Date: 11/062003 - 10:36 5.493 100 12/10/2003 13.769 31 10/02/2003 5.700 191 03/10/2004 5.600 219 04/07/2004 5.600 198 03/17/2004 15.190 331 07/28/2004 5.500 219 04/07/2004 2.000 623 05/16/2005 3.000 1,463 09/03/2007 4.900 1,337 04/30/2007 5.550 207 03/26/2004 5.550 207 03/26/2004 14.552 744 09/14/2005 5.750 64 11/04/2003 5.500 58 10/29/2003 5.400 184 03/03/2004 14.114 152 01/31/2004 14.890 53 10/24/2003 16.505 521 02/03/2005 14.182 178 02/26/2004 Subtotal and Average 2,349,427.81 2,544,000.00 2,554,038.84 2,326,331.04 7.845 340 2.410 1,883 04/10/2008 3.000 1,717 05/14/2008 2.700 1,731 05/28/2008 3.000 1,724 05/21/2008 2.000 1,764 06/30/2008 2.013 1,781 07/17/2008 2.053 1,788 07/24/2008 2.500 1,794 07/30/2008 2.000 1,766 07/02/2008 2.000 1,766 07/02/2008 2.000 1,781 07/17/2008 3.000 1,808 08/13/2008 2.500 1,809 08/14/2008 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f City of National City Portfolio Management Portfolio Details - Investments August 31, 2003 Average Purchase CUSIP Investment # Issuer Balance Date Par Value Page 6 Stated YTM/C Days to Maturity Market Value Book Value Rate Moody's 365 Maturity Date Federal Agency Securities 3133X0AE9C 10874 Federal Home Loan Bank 08/20/2003 100,000.00 98,656.00 99,937.50 2.500 2.513 1,815 08/20/2008 3133XODE6 10875 Federal Home Loan Bank 08/26/2003 100,000.00 98,344.00 100,000.00 3.000 3.000 1,821 08/26/2008 3133X01-1E2C 10876 Federal Home Loan Bank 08/27/2003 100,000.00 100,062.50 99,687.50 3.250 3.318 '1,822 08/27/2008 3133X0AE9 10879 Federal Home Loan Bank 08/20/2003 100,000.00 99,387.00 100,000.00 2.500 2.500 1,815 08/20/2008 31339YYD8 10882 Federal Home Loan Bank 08/13/2003 100,000.00 98,094.00 100,000.00 3.000 3.000 1,808 08/13/2008 3133X07B9 10883 Federal Home Loan Bank 08/20/2003 100,000.00 97,094.00 100,000.00 3.000 3.000 1,815 08/20/2008 3133XODW6 10884 Federal Home Loan Bank 08/27/2003 100,000.00 100,000.00 100,000.00 3.250 3.250 1,822 08/27/2008 Subtotal and Average 1,514,991.94 2,000,000.00 1,964,828.00 1,998,562.50 2.588 1,782 Pass Through Securities 6.000 0 01/15/2013 11/30/1998 0.00 0.00 0.00 6.000 3133TGSG5 tOfi37 Federal Home Loan Mrtgage Corp I01/20 12/01/1998 15,993.17 17,0.00 8.250 7.307 0 04 0.0011 31364TKP5060 10103 Federal Natl. Mortgage Assoc. 02/18/1998 0.0016,668.08 8.250 7.307 2,860 11/01/2004 075.59 - 11 31376PGY5 10126 Federal Natl. Mortgage Assoc. 7.711 2,860 Subtotal and Average 18,900.43 15,993.17 17,075.59 16,868.08 Total Investments and Average 13,294,449.21 14,036,993.17 14,026,518.67 13,818,561.62 4.271 588 n1 Portfolio CNC ro CC PM (PRF_PM2) SymRept V5.02f ▪ Run Dale: 11/06/2003 -10:36 SymPro City of National City Activity Report Sorted By Brokers August 1, 2003 - August 31, 2003 City of National City Par Value Par Value Percent Beginning Current Transaction Purchases. Sales/Calls/Maturities Ending CUSIP Investment # issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Brokers: Finance 500 Inc Certificates of Deposit - Monthly Subtotal and Balance 966,000.00 Certificates of Deposit - Maturity Subtotal and Balance 95,000.00 966,000.00 Negotiable/Transferable CDs 60531-17951-1 10038 10881 Federal Agency Securities 3133MYFT9 10838 Federal Home Loan Bank 3.000 08/08/2003 0.00 100,000.00 3133MYB97 10839 Federal Home Loan Bank 3.125 08/08/2003 0.00 100,000.00 31339YYD8 10882 Federal Home Loan Bank 3.000 08/13/2003 100,000.00 - 0.00 3133X07B9 10683 Federal Home Loan Bank 3.000 08/20/2003 100,000.00 0.00 3133X0DW6 10884 Federal Home Loan Bank 3.250 08/27/2003 100,000.00 0.00 Subtotal and Balance Nations Bank (Barnett Bank) RBC Centura NB Subtotal and Balance 5.850 08/03/2003 3.000 08/08/2003 0.00 99,000.00 0.00 74,000.00 2,227,000.00 - 0.00 Pass Through Securities 31376PGY5 10126 Federal Natl. Mortgage Assoc. Subtotal and Balance Brokers Subtotal 25.867% 95,000.00 173,000.00 2,054,000.00 400,000.00 300,000.00 200,000.00 500,000.00 16,281.14 3,704,281.14 8.500 08/25/2003 0.00 287.97. 0.00 300,000.00 287.97 15,993.17 373,287.97 3,630,993.17 Brokers: Gilford Securities Inc Federal Agency Securities 3133MYB97C 10840 Federal Home Loan Bank 3.125 08/08/2003 0.00 100,000.00 31339YYD8C 10872 Federal Home Loan Bank 3.000 08/13/2003 100,000.00 0.00 31339YVS8C 10873 Federal Home Loan Bank 2.500 08/14/2003 100,000.00 0.00 3133X0AE9C 10874 Federal Home Loan Bank 2.500 08/20/2003 100,000.00 0.00 Run Dale: 11/06/2003- 10:37 Portfolio CNC CC DA (PRF_DA) SymRept V5.02f City of N. a1 City Activity Report August 1, 2003 - August 31, 2003 Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending CUSIP Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Page 2 Brokers: Gilford Securities Inc Federal Agency Securities 3133XODE6 10875 Federal Home Loan Bank 3133X0HE2C 10876 Federal Home Loan Bank Subtotal and Balance Brokers Subtotal 3.000 08/26/2003 3.250 08/27/2003 100,000.00 0.00 100,000.00 0.00 800,000.00 500,000.00 8.549% 800,000.00 500,000.00 100,000.00 1,200,000.00 100,000.00 1,200,000.00 Brokers: Multi -Bank Securities Inc Certificates of Deposit - Monthly 10764 lnsouth Bank - 3.100 08/29/2003 0.00 99,000.00 10877 Boardwalk Bank 2.250 08/07/2003 99,000.00 0.00 10878 Southern National Bank -Texas 2.750 08/29/2003 99,000.00 0.00 Subtotal and Balance 2,176,000.00 198,000.00 99,000.00 2,275,000.00 NegotiablefTransferable CDs Subtotal and Balance 490,000.00 490,000.00 Pass Through Securities Subtotal and Balance 0.00 0.00 Brokers Subtotal 19.698% 2,666,000.00 198,000.00 99,000.00 2,765,000.00 Brokers: PaineWebber Inc Federal Agency Securities 3133XOAE9 10879 Federal Home Loan Bank Subtotal and Balance Brokers Subtotal 2.137% 200,000.00 200,000.00 2.500 08/20/2003 100,000.00 0.00 100,000.00 100,000.00 0.00 300,000.00 0.00 300,000.00 Brokers: U.S. Sterling Capital Corp. Certificates of Deposit - Monthly 10880 Home Bank of Arkansas 2.450 06/13/2003 99,000.00- 0.00 Subtotal and Balance 8,042,000.00 99,000.00 0.00 6,141,000.00 ro Portfolio CNC 0o CC Run Date: 11/06/2003 - 10:37 DA (PRF_DA) SymRept V5.02f V City of National City Activity Report August 1, 2003 -August 31, 2003 Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending CUSIP Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Par Value Page 3 Brokers Subtotal 43.749% 6,042,000.00 99,000.00 0.00 6,141,000.00 Total 100.000% 13,412,281.14 0 p Run Date: 11/06/2003- 10:37 1,197,000.00 572,287.97 14,036,993.17 Portfolio CNC CC DA (PRF_DA) SymRept V5.02f CITY OF NATIONAL CITY CONSOLIDATED CASH REPORT ALL FUNDS AUGUST 31, 2003 FUND FUND TITLE ENDING BALANCE 001 GENERAL FUND 4,581,551.12 103 GENERAL CAPITAL OUTLAY FUND 847,195.43 108 LIBRARY CAPITAL OUTLAY 290,401.66 109 GAS TAXES FUND 975,070.60 110 EMERGENCY PREPAREDNESS FUND 49,062.50 111 P.O.S.T. FUND 5,007.26 113 CULTURAL ARTS FUND 95,000.00 115 PARK & REC CAPITAL OUTLAY FUND 102,602.81 120 PLAN CHECKING REVOLVING FUND 45,622.37 123 GRANT -FAMILIES FOR LITERACY 475.52 125 SEWER SERVICE FUND 8,711,277.73 126 FIRE DEPT ACTIVITIES FUND 248.11 130 EMT-D REVOLVING FUND 239,760.06 131 ASSET FORFEITURE FUND 498,073.85 136 TINY TOT CLASSES FUND 9,657.93 145 JUVENILE EDUCATION FUND 3,001.51 154 STATE PUBLIC LIBRARY FUND 101,034.32 157 GRANT-SUPPL. LAW ENF. (SLESF) 29,250.81 158 SWIMMING POOL REVOLVING FUND 31,688.48 159 GENERAL PLAN UPDATE RESERVE 332,207.58 171 LIBRARY SCHOOL DISTRICT CNTRCT 35,048.79 172 TRASH RATE STABILIZATION FUND 397,534.72 175 PETROLEUM VIOLATORS ESCROW 5,510.00 176 POLICE REIMBURSED OVERTIME 319.99 179 NPT BUS DONATIONS FUND 614.65 189 CIVIC CENTER REFURBISHING 3,334,952.38 190 30TH STREET CLEANUP FUND - 1303 255,622.93 191 STOP PROJECT 3,953.50 192 LEASE ESCROW FUND 20,027.62 195 LANDSCAPE RESERVE 899,715.61 196 CAPITAL PROJECT RESERVE 656,477.90 197 PRODUCTIVITY IMPROVEMENT RESER 75,000.00 198 PROPERTY EVIDENCE SEIZURE 13,598.94 200 30TH STREET CLEANUP FUND - 1304 613,175.38 203 PARK SECURITY/GTE LEASE 28,000.00 208 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 27,788.62 211 SECURITY AND ALARM REGULATION FUND 103,887.21 212 PERSONNEL COMPENSATION FUND 248,913.64 214 EVERY 15 MINUTES GRANT FY1999-2000 - 2,833.95 216 FULFILL GRANT 24,376.51 220 LOCAL LAW ENF. BLOCK GRANT FY2000-2001 17,052.63 222 WOW MOBILE GRANT FY 2000-2001 14,413.91 229 CLEEP GRANT 26,353.69 233 LOCAL LAW ENF. BLOCK GRANT FY2001-2002 15,918.96 234 EMPLOYEE COMPUTER PURCHASE FUND 15,107.76 236 FIRST PEOPLES GRANT 29,173.01 237 LEARN @ NCPL 31,820.00 238 VIDEOCONF.COMM. OF PRACTICE GRANT 9,394.93 239 LOCAL LAW ENF BLOCK GRANT FY2002-2003 3,006.04 240 LITERACY INTIATIVES XI 16,706.58 241 NATIONAL CITY LIBRARY STATE GRANT 84,588.32 242 N. CITY LIBRARY MATCHING FUND 5,725,839.94 249 PARADISE CREEK ENHANCEMENT PLAN 710,000.00 250 NEW FIRE STATION CONSTRUCTION 6,866,729.00 270 NUISANCE ABATEMENT FUND 1,137.68 303 CAPITAL FACILITIES FUND 705,571.40 304 PARK DEVELOPMENT FUND 171,097.11 Pg 19 307 PROPOSITION A" FUND 2,967,715.14 308 GRANT -HIGHWAY BRIDGE REHAB 539,571.81 312 STP LOCAL/TRANSNET HIGHWAY 316,709.68 343 STATE -LOCAL PARTNERSHIP 100,721.12 345 TRAFFIC CONGESTION RELIEF 410,185.24 363 SECURITY & FIRE ALARM REGULATION FUND 35,972.50 626 FACILITIES MAINT FUND 352,148.53 627 LIABILITY INS. FUND 4,660,714.60 629 INFORMATION SYSTEMS MAINTENANC 167,192.13 630 OFFICE EQUIPMENT DEPRECIATION 2,002,389.84 631 TELECOMMUNICATIONS REVOLVING 358,241.39 632 GENERAL ACCOUNTING SERVICES 106,001.11 633 UNEMPLOYMENT INSURANCE RESERVE 148,712.00 644 EQUIPMENT REPLACEMENT RESERVE 520,000.00 721 LIBRARY TRUST FUND 46,739.45 725 PLANNING 1,245.00 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 93,058.18 727 BUILDING AND SAFETY T & A DEPOSITS 5,000.00 UNPOSTED (127,774.33) TOTAL ALL FUNDS (GL) 50,843,996.37 Variance -0.25% Pg 20 MONTHLY STATEMENT OF RECEIPTS FOR PERIOD ENDING AUGUST FUND # FUND TITLE 001 GENERAL FUND 104 LIBRARY FUND I05 PARKS MAINTENANCE FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 115 PARK & REC CAPITAL OUTLAY FUND 120 PLAN CHECKING REVOLVING FUND 123 GRANT -FAMILIES FOR LITERACY 125 SEWER SERVICE FUND 131 ASSET FORFEITURE FUND 154 STATE PUBLIC LIBRARY FUND 158 SWIMMING POOL REVOLVING FUND 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 176 POLICE REIMBURSED OVERTIME 190 30TH STREET CLEANUP. FUND - 1303 191 STOP PROJECT 200 30TH STREET CLEANUP FUND - 1304 201 NCJPFA DEBT SERVICE FUND 208 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 211 SECURITY AND ALARM REGULATION FUND 216 FULFILL GRANT 220 LOCAL LAW ENF. BLOCK GRANT FY2000-2001 222 WOW MOBILE GRANT FY 2000-2001 227 CLLS MATCHING FUNDS 229 CLEEP GRANT 233 LOCAL LAW ENF. BLOCK GRANT FY2001-2002 236 FIRST PEOPLES GRANT 237 LEARN @ NCPL 238 VIDEOCONF.COMM. OF PRACTICE GRANT 239 LOCAL LAW ENF BLOCK GRANT FY2002-2003 240 LITERACY INTIATIVES XI 242 N. CITY LIBRARY'MATCHING FUND 250 NEW FIRE STATION CONSTRUCTION 307 PROPOSITION A" FUND 308 GRANT -HIGHWAY BRIDGE REHAB 312 STP LOCAL/TRANSNET HIGHWAY 343 STATE -LOCAL PARTNERSHIP 552 TDA 627 LIABILITY INS. FUND TOTALS AUGUST REVENUE 1,816,458.32 2,820.34 3,286.42 9,153.86 0.00 200.00 9,785.93 0.00 284,700.68 3,803.51 0.00 13,231.00 0.00 4,096.69 160.00 347.18 6,292.00 832.79 0.05 0.00 1,045.00 0.00 0.00 0.00 10,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 79.27 6,866,729.00 145,844.00 0.00 0.00 0.00 206,057.29 84,635.29 9,469,558.62 YTD REVENUE 2,675,394.72 2,820.34 3,286.42 10,756.91 -17,696.89 1,450.00 15,622.37 475.52 -101,538.18 5,124.74 109,822.67 28,248.50 24,810.57 4,096.69 160.00 698.34 10,524.00 1,675.13 0.10 27,788.62 6,946.60 24,376.51 17,052.63 31,450.60 10,000.00 26,353.69 15,918.96 30,887.52 42,226.95 12,184.91 24,231.04 28,797.83 43,034.07 6,866,729.00 111,543.59 431,175.67 -3,398.76 -1,086.04 319,652.35 146,436.96 • 10,988,034.65 Pg 21 MONTHLY STATEMENT OF DISBURSEMENTS FOR THE MONTH ENDING AUGUST FUND NO. FUND TITLE. AUGUST YTD.AUGUST 001 GENERAL FUND 1,646,013.60 2,796,149.73 104 LIBRARY FUND 76,823.82 134,347.38 105 PARKS MAINTENANCE FUND 56,865.08 96,473.34 109 GAS TAXES FUND 149,112.50 149,135.66 111 P.O.S.T. FUND 0.00 -238.18 125 SEWER SERVICE FUND 1,198,117.73 1,227,306.27 131 ASSET FORFEITURE FUND 2,552.04 2,552.04 135 SD COUNTY REG AUTO THEFT TASK 7,544.66 12,439.48 147 GRANT -JUDGE PROGRAM 7,265.65 12,105.97 154 STATE PUBLIC LIBRARY FUND 5,192.94 7,801.25 172 TRASH RATE STABILIZATION FUND 4,282.58 7,468.76 173 NATIONAL SCHOOL DIST CONTRACT 4,119.14 6,690.18 174 SWEETWATER SCHOOL DIST CONTRAC 8,594.87 14,444.31 188 GRANT - HIDTA 9,672.02 17,128.91 191 STOP PROJECT 7,748.44 14,430.50 196 CAPITAL PROJECT RESERVE 15,134.29 15,134.29 201 NCJPFA DEBT SERVICE FUND 0.01 0.02 211 SECURITY AND ALARM REGULATION FUND 3,285.34 5,730.16 212 PERSONNEL COMPENSATION FUND 3,265.97 305,921.55 222 WOW MOBILE GRANT FY 2000-2001 10,255.26 15,393.57 225 ENGLISH LANGUAGE LITERACY INCENTIVE ELLI 1,545.62 1,545.62 227 CLLS MATCHING FUNDS 0.00 132.55 230 ABANDONED VEHICLE ABATEMENT GRANT 10,487.98 17,716.70 231 HOUSING PILOT PROGRAM 6,263.80 10,916.17 236 FIRST PEOPLES GRANT 696.34 1,714.51 237 LEARN @ NCPL 6,338.18 10,406.95 238 VIDEOCONF.COMM. OF PRACTICE GRANT 2,789.98 2,789.98 239 LOCAL LAW ENF BLOCK GRANT FY2002-2003 21,225.00 21,225.00 240 LITERACY INTIATIVES XI 12,091.25 12,091.25 241 NATIONAL CITY LIBRARY STATE GRANT 37,008.26 37,008.26 242 N. CITY LIBRARY MATCHING FUND 68,729.62 68,729.62 246 WINGS GRANT 185.63 185.63 248 LITERACY INITIATIVES XII 45,250.00 45,250.00 301 GRANT-C.D.B.G. 59,122.58 84,412.65 302 CDC PAYMENTS 51,828.12 84,714.28 307 PROPOSITION A" FUND 294,452.75 301,864.40 312 STP LOCALITRANSNET HIGHWAY 2,709.67 2,709.67 313 GRANT-CMAQ 48,643.30 48,643.30 343 STATE -LOCAL PARTNERSHIP 1,240.68 1,240.68 345 TRAFFIC CONGESTION RELIEF 83,458.87 83,458.87 552 TDA 163,680.24 297,604.19 626 FACILITIES MAINT FUND 113,502.84 160,904.08 627 LIABILITY INS. FUND 83,575.38 330,688.73 628 GENERAL SERVICES FUND 24,132.05 24,725.78 629 INFORMATION SYSTEMS MAINTENANC 17,417.55 35,937.41 630 OFFICE EQUIPMENT DEPRECIATION 54,408.26 79,740.15 631 TELECOMMUNICATIONS REVOLVING 19,107.21 24,142.92 632 GENERAL ACCOUNTING SERVICES 44,361.66 74,405.58 643 MOTOR VEHICLE SVC FUND 60,528.28 87,373.31 TOTAL ALL FUNDS 4,550,627.04 6,792,693.43 Pg 22 Pooled Investment Transactions Report For the Month of August 2003 Date Description Institution Ref. No. Amount Beginning Balance 31,612,707.17 08/14/03 Withdrawal LAIF 340857 (600,000.00) 08/15/03 Withdrawal LAIF 279103 (600,000.00) 08/21/03 Withdrawal LAIF 317992 (750,000.00) 08/22/03 Deposit LAIF 385636 1,000,000.00 08/29/03 Withdrawal LAIF 925321 (600,000.00) Ending Balance 30,062,707.17 Page 1 City of National City, California COUNCIL AGENDA STATE ENT EETING DATE November 18, 2003 11 AGENDA ITEM NO. ITEM TITLE CLAIM FOR DAMAGES: Fletcher West PREPARED BY Michael R. Dalla, CM( ARTMENT City Clerk EXPLANATION The claim of Fletcher West arises from an occurrence on June 27, 2003 and was filed with the City Clerk's Office on November 3, 2003 Environmental Review xNIA Financial Statement N/A Approved By; Finance Director Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below ) Resolution No. N/A A -zoo (9,93) City of National City, California COUNCIL AGENDA STATEMENT EETING DATE November 18, 2003 AGENDA ITEM NO. 12 /ITEM TITLE RESOLUTION APPROVING AN ADDENDUM TO THE NATIONAL CITY WAL-MART CERTIFIED ENVIRONMENTAL IMPACT REPORT PREPARED BY George H. Eiser, III (x 4221) DEPARTMENT City Attorney Stephen Kirkpatrick (x 4383) Public Works hh EXPLANATION Please see attached memorandum. CEnvironmental Review N/A Proposed Addendum to Certified EIR for Wal-Mart Project Financial Statement N/A STAFF RECOMMENDATION Approved BY: Finance Director Account No. Adopt resolution approving Addendum to Certified EIR BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS { Listed Below 1 1. Draft Focused EIR for the Wal-Mart Project 2. Final Focused EIR for the Wal-Mart Project 3. Mitigation, Monitoring and Reporting Program for the Wal-Mart Project Resolution No. 2003-162 4. Addendum to Certified EIR for the Wal-Mart Project and Revised Mitigation, Monitoring and Reporting Program for the Wal-Mart Project 5. Memorandum 6. Resolution A-200 (999i City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, Ill • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 TO: Mayor and City Council FROM: City Attorney SUBJECT: Addendum to Certified EIR for Wal-Mart Project DATE: November 5, 2003 On February 4, 2003, the City Council, acting for the City of National City as responsible agency, adopted Resolution No. 2003-23, approving the Environmental Impact Report (EIR) for the Wal-Mart project. The EIR consisted of three documents entitled "Draft Focused EIR", "Final Focused EIR", and "Mitigation, Monitoring and Reporting Program" ("MMRP"), copies of which are included in the agenda materials for your reference. The purpose of the MMRP was to assure completion of various measures during development of the project which could mitigate or avoid significant effects of the project upon air quality, noise and traffic, as identified in the Draft Focused EIR. The measures set forth in the MMRP which were designed to mitigate the effects of the project upon traffic were described as Mitigation Measures T-1 through T-9. Briefly stated, each of these mitigation measures required the project to construct right-of-way improvements and/or contribute financially to right-of-way improvements to be constructed by the City. Since the certification of the EIR, additional traffic analysis was conducted to determine whether or not the project would in fact impact streets and intersections. Further, the City is implementing new programs to improve traffic circulation in the vicinity of the project which would alter the need for the completion of the mitigation measures assigned in the MMRP. Based upon the additional traffic analysis and the new programs, an Addendum to the EIR (the "Addendum") was prepared to re-examine the need for traffic mitigation measures identified in the MMRP as Mitigation Measures T-2, T-6, T-7 and T-9. These mitigation measures were described in the MMRP as follows: T-2 Highland Avenue/Main Driveway #2 requires northbound left turn storage lane (currently striped), southbound deceleration lane, restriping of westbound lanes, two lanes of egress, and a traffic signal. T-6 National City Boulevard/81h Street requires an eastbound left turn lane and a westbound right turn lane. The project contributes significantly to the afternoon peak hour at this intersection and will be required to participate in the improvements. T-7 D Avenue improves from a 2-lane collector to a 4-lane collector. The project contributes more than 2 percent of the V/C between 8th Street and Plaza Boulevard. The project contributes 13.2 percent traffic to this segment. Fri Addendum to Certified Wal-Mart EIR November 5, 2003 Page 2 of 3 T-9 Plaza Boulevard improved from a 4-lane major to a prime arterial. The project contributes more than 2 percent of the V/C from National City Boulevard to Palm Avenue. From National City Boulevard to D Avenue, The project contributes 24.3 percent; from D Avenue to Highland Avenue, the project contributes 30.9 percent; and from Highland Avenue to Palm Avenue, the project contributes 20.8 percent. As to Mitigation Measure T-2, the Addendum concluded that the requirements for a southbound deceleration lane and the restriping of westbound lanes could be eliminated, based upon proposed City plans for development of Highland Avenue, as well as subsequent traffic analysis which determined that project traffic demands could be accommodated without implementing these requirements. With respect to Mitigation Measure T-6, subsequent traffic analysis determined that the project would not impact the future condition of the intersection of 8th Street and National City Boulevard to such an extent that the intersection would not be in compliance with City standards. Accordingly, the Addendum concluded that Mitigation Measure T-6 should be eliminated. Mitigation Measures T-7 and .T-9 address certain streets and intersections in the vicinity of the project, namely, portions of D Avenue and of Plaza Boulevard, which would undergo future improvements pursuant to the General Plan. The EIR concluded that the project would potentially impact these streets and intersections, and accordingly, Mitigation Measures T-7 and T-9 required the project to contribute its fair share of the cost to construct these future improvements. However, based upon new City programs being implemented, including traffic signal synchronization on National City Boulevard, Plaza Boulevard, and Highland Avenue, and based upon additional traffic analysis, the Addendum determined that the project would not impact the subject streets and intersections, and that Mitigation Measures T-7 and T-9 should be eliminated. The action currently being proposed for Council consideration is an Addendum to the already -certified EIR for the Wal-Mart project. CEQA provides comparable alternatives to the Addendum known as a "Subsequent EIR" or a "Supplement to an EIR". However, these alternatives are appropriate when 1) substantial changes are proposed in the project which will require major revisions of the EIR; or 2) substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the EIR; or 3) new information of substantial importance, not previously known, show: the project will have significant effects not discussed in the EIR; or significant -effects previously examined will be substantially more severe than shown in the EIR; or, mitigation measure or alternative found not to be feasible would in fact be feasible, and would substantially resolve one or more significant effects of the project, but the project proponents decline to adopt this mitigation measure or the alternative; or, mitigation measures or alternatives considerably different from those analyzed in the EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Addendum to Certified Wal-Mart EIR November 5, 2003 Page 3 of 3 None of the above factors are present in connection with this project. Rather, the preparation of an Addendum to the EIR is appropriate if some changes or additions to the project are necessary, including minor technical changes or additions, but none of the factors described above are present. The Addendum, at Section 1.6.1, addresses this issue as follows: Based on the analysis and information presented herein, there is no evidence that major changes to the Certified EIR are required. Modification of Mitigation Measure T-2 as requested reflects and responds to implementation of equivalent City -initiated traffic improvements within adjacent Highland _Avenue. Comparison of the previous project with incorporation of the previous Mitigation Measure T-2 vis-a-vis equivalent City -initiated traffic improvements to be implemented with Highland Avenue adjacent to the project site indicates that there are no new significant or more severe environmental impacts, and that the approval of the request for a revision to an approved action would have the same impacts as those described in the Certified EIR prepared for the National City Wal-Mart project. The additional analysis and clarification in regards to mitigation measures T-6, T-7 and T-9 also supports that fact that there is no evidence that major changes to the certified EIR are required. Based on the above, it is recommended that the Addendum to the Certified EIR for the Wal-Mart project be approved by adoption of the proposed resolution. GEORGE H. EISER, Ill City Attorney GHE/gmo RESOLUTION NO. 2003 —162 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN ADDENDUM TO THE NATIONAL CITY WAL-MART CERTIFIED ENVIRONMENTAL IMPACT REPORT WHEREAS, on February 4, 2003, pursuant to Resolution No. 2003-23,-the City of National City („City)" as the CEQA responsible agency, certified the Environmental Impact Report for the Wal-Mart project ("EIR"); and WHEREAS, at the time the project was approved, it was determined that in order to mitigate both short-term and long-term traffic impacts, mitigation measures were required to be adopted in order to reduce those impacts to a level of insignificance; and WHEREAS, pursuant to Resolution No. 2003-23, the City adopted a Mitigation, Monitoring and Reporting Program ("MMRP"), in order to assure completion of the measures which would mitigate or avoid significant effects of the project upon traffic; and WHEREAS, since the certification of the EIR, the City of National City has implemented new programs to improve traffic circulation in the vicinity of the Wal-Mart Project, and additional traffic analysis has been conducted to determine whether or not the Project would impact streets and intersections as previously analyzed in the EIR; and WHEREAS, based upon the additional traffic analysis and new programs, an Addendum to the EIR (the "Addendum") was prepared to re-examine the need for traffic mitigation measures T-2, T-6, T-7 and T-9 and corresponding fair share contributions of the MMRP; and WHEREAS, as explained in the Addendum, the EIR is sufficient to satisfy CEQA requirements, and there is no substantial evidence that conditions are present which would require the preparation of a subsequent EIR; and WHEREAS, it is the conclusion of the Addendum that based upon additional analysis of the potential impacts of the project upon traffic, and because of new programs implemented by the City of National City to improve traffic circulation in the vicinity of the project, that Mitigation Measure T-2 should be modified, and that Mitigation Measures T-6, T-7 and T-9 and corresponding fair share contributions of the MMRP, are no longer required to mitigate impacts of the project upon traffic, and should be eliminated. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby resolves and finds as follows: Section 1. That the Addendum to the EIR, together with all findings and conclusions set forth therein, is hereby approved. Said Addendum is on file in the office of the City Clerk. Section 2. That the revised Mitigation, Monitoring and Reporting Program, which is included in the Addendum, is hereby. approved. Resolution No. 2003 — 162 November 11, 2003 Page Two Section 3. That Mitigation Measure T-2 is modified as set forth in the Addendum, and that Mitigation Measures T-6, T-7 and T-9 and corresponding fair share contributions, as set forth in the original MMRP, are no longer required to mitigate impacts of the project upon traffic, and are hereby eliminated. Section 4. That the EIR is sufficient to satisfy CEQA standards, and there is no substantial evidence that conditions are present which would require the preparation of a subsequent EIR. Section 5. That the Executive Director is directed to file a Notice of Determination as to the Addendum with the County Clerk of the County of San Diego, following the adoption of this resolution. Passed and adopted this 18th day of November, 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. %iser, Ill City Attorney City of National City, California COUNCIL AGENDA STATE ENT FETING DATE AGENDA ITEM NO. 13 7-ITEM TITLE TIME EXTENSION REQUEST — TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR SIX CONDOMINIUMS AT 228 PALM AVENUE. (APPLICANT: INGENUITY ENGINEERING CORPORATION). (CASE FILE NOS. S-2001-1/CUP- 2000-7 PREPARED BTRoger Pos'6-4310 DEPARTMENT Planning EXPLANATION The 18,000 square foot project site is located on the west side of Palm Avenue, just north of 4th Street in the Commercial Limited (CL) Zone. There are apartments, duplexes and single-family homes located to the north, south and west of the site. The National Guard Armory is located across Palm Avenue to the east. City Council approved the Tentative Subdivision Map and Conditional Use Permit (CUP) for the property in December 2001. (Unless extended) the map will expire on December 19, 2003. The approved map and CUP allow the construction of six condominium units. Five will be two-story attached dwellings, while the sixth will be located over a six -vehicle garage structure. Units will be 1,300 to 1,400 square feet in size with three bedrooms, two to two -and -a -half bathrooms, and will have private yard and balcony areas. The applicant is requesting a time extension for the project, and anticipates recording the final subdivision map within four to six months. The Subdivision Ordinance allows up to three time extensions for a total of 36 months. No special findings are necessary to approve the time extension. The site has been an on -going code enforcement problem for some time. It is being illegally used as a contractor's storage yard, with a water tank, semi -trailer and skip loaders on -site. Environmental Review x N/A Financial Statement N/A Categorical Exemption Approved Big Finance Director Account Now STAFF RECOMMENDATION Staff recommends that the expiration date for Tentative Map S-2001-1 be extended for eight months to August 18, 2004. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS f Listed Below 1 1. Resolution No. 2001-200 2. Location Map Resolution No. 3. Applicant's letter of request 4. Applicant's plans A-200 (9//99) RESOLUTION NO. 2001 - 200 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR SIX CONDOMINIUMS AT 228 PALM AVENUE APPLICANT: VENTURE ONE MORTGAGE CORPORATION/ CAROLINO INVESTMENT CORPORATION CASE FILE NOS. S-2001-1/CUP-2000-7 WHEREAS, applications were made for approval of a Tentative Subdivision Map and a Conditional Use Permit for six condominiums at 228 Palm Avenue on property generally described as: Lot 52, Block 4, Paradena Park, Map #1404, in the City of National City, County of San Diego, State of California, filed in the Office of County Recorder of San Diego County on February 16, 1912. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a public hearing held on November 19, 2001, and by Resolution recommended conditional approval of the Tentative Subdivision Map and conditionally approved the related Conditional Use Permit; and WHEREAS, the City Council of the City of National City considered said applications at a public hearing held on December 4, 2001 at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. S-2001-1 and CUP-2000-7 which is maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that it hereby approves the Tentative Subdivision Map and Conditional Use Permit for six condominiums based on the following findings: Resolution No. 2001 - 200 Page Two December 18, 2001 FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan, since the proposed development of six residential condominiums on the 18,000 square foot site are allowed by the applicable CL (Limited Commercial) land use category of the General Plan, which allows the use, and since there is no specific plan applicable to the subdivision site. 2. The site is physically suitable for the proposed type of development, since it is relatively flat and large enough to accommodate the proposed units and associated parking and landscaping. 3. The site is physically suitable for the proposed density of development, since other nearby properties are developed at similar densities. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is disturbed and surrounded by urban uses. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the City Council with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. Resolution No. 2001 — 200 Page Three December 18, 2001 FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the 18,000 square foot property is large enough to accommodate the proposed six units and the necessary parking area and open space needed. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the property is located on Palm Avenue, a collector street, designed to direct local traffic to nearby arterial streets. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the project complies with setback standards and is of a residential density which is compatible with other uses in the area. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide opportunities for home ownership as recommended by the General Plan. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map and Conditional' Use Permit for six condominiums is hereby approved subject to the following conditions: 1. This Tentative Subdivision Map and Conditional Use Permit authorizes the development of six condominium units. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Cast' File No. S-2001- 1/CUP-2000-7, dated 10/4/2001. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 3. A grading plan shall be submitted for review and approval by the City Engineer showing all of the proposed and existing on- and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Resolution No. 2001 — 200 Page Four December 18, 2001 Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains shall be undertaken in accordance with the NPDES regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 4. All surface run-off, including landscaping adjoining the public right-of-way, shall be collected by approved drainage facilities, and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run- off resulting from this development. 5. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way, and shall adjust the sprinkler heads so as to prevent overspray upon the public sidewalk or streets. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner, its successors or assigns shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 6. For PVC irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surfaced and the top of the lines. 7. An NPDES permit is required for discharges of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the National City Engineering Department prior to any work beginning on the project. 8. A soils engineering report shall be submitted for review and approval by the City Engineer. The report shall address the stability of all the existing and proposed slopes on the property. It shall also address the stability of the building pads, the criteria for new retaining wall design, the maximum allowable soil bearing pressure, and the required pavement structural sections for the proposed streets, parking areas, and driveways. At a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with Regional Standard Drawing G-24 with National City modifications. All soils report findings and recommendations shall be part of the Engineering Department requirements. Resolution No. 2001 - 200 Page Five December 18, 2001 9. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading plan. Any new sewer lateral in the City right-of-way shall be six inches in size with a clean -out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 10. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. The abandoned driveway shall be replaced by curb, sidewalk, and gutter. 11. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way and the grading construction on private property. 12. A cost estimate shall be submitted to the Engineering Department with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, and landscaping work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 13. A title report shall be submitted to the Engineering Department for a review of all existing easements and the ownership at the property. 14. The fmal map shall meet all of the requirements of the Subdivision Map Act and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. 15. The subdivider shall submit an approval letter from Sweetwater Authority stating that fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 16. The developer shall bond for the monumentation, the public improvements and the on - site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 17. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 18. The final map shall be recorded prior to issuance of any building permit. 19. All new property line survey monuments shall be set on private property, unless otherwise approved. 20. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. Resolution No. 2001 — 200 Page Six December 18, 2001 21. Smoke detectors shall be installed in all sleeping areas and hallways leading to them. 22. A fire sprinkler system shall be installed to comply with Fire Department requirements unless otherwise approved by the Fire Department. 23. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 24. A trash enclosure shall be provided in accordance with City standards It shalt have a stucco exterior to match the building. 25. Exterior walls of buildings and trash enclosures to a height of not less than 6 feet shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 26. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 27. The developer shall provide a declaration of covenants, conditions and restrictions, running with the -land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common areas including parking areas, walks, and landscape areas, prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefor as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 28. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 29. A pedestrian access gate shall be provided at the property entrance. Resolution No. 2001 - 200 Page Seven December 18, 2001 30. Before this Tentative Map and Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Map and Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay nemssary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Map and Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 31. Approval of the Tentative Map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension for the Tentative Map not exceeding three (3) years has been filed as provided by Section 66452.6(e) of the California Government Code. Approval of the Conditional Use Permit shall be considered expired or extended concurrent with the Tentative Map. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 18"' day of December, 2001. ATTEST: Mic el Dalla, Ci Clerk George H. Waters, Mayor APPROVED AS TO FORM: ist.R George H. Eiser, Ill City Attorney Passed and adopted by the Council of the City of National City, California, on December 18, 2001, by the following vote, to -wit: Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Waters. Nays: None. Absent: Councilmember Zarate. 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. 2001-200 of the City of National City, California, passed and adopted by the Council of said City on December 18, 2001. f National City, California By: Deputy - tS4-PD i OS 3p3 y- IC 64cS` • 0 PROJECT LOCATION ZONE BOUNDARY LOCATION MAP 228 PALM AVENUE gam ® es. .erasm. — 5-2001-11CUP-2000-7 NATIONAL CITY PLANNING DRN DATE: 11/6/2001 INITIAL HEARING: 11/19/2001 • NGENUITY A PROFESSIONAL ENGINEERING CORPORATION CIVIL ENGINEERING • LAND DEVELOPMENT PLANNING + ARCHITECTURE October 17, 2003 City of National City Planning Department 1243 National City Boulevard National City, California 91950-4301 Attention: Andrew Hoskinson, Assistant Planner Re: 228 Palm Avenue Condominiums Case File Nos. S-2001-1/ CUP-2000-7, TM No. 02-02 To Whom It May Concern: In regards to the above referenced Case File Nos. and Tract Map, it appears that we will be unable to complete and satisfy all of the listed conditions on the TM resolution prior to the TM expiration date on December 3, 2003. Nonetheless, we are continuously pursuing to having all the remaining conditions completed in a timely manner. The final tract map has already been submitted and is undergoing its 2nd map check. In addition, grading & improvement plans have been prepared and were submitted to the public works department on August 28, 2003. At this time said plans are still in the process of being reviewed and we are awaiting for the plan check comments. We anticipate to having the grading, improvement plans approved, and the recording of the final subdivision map within four to six months. Consequently, effective the date of this letter, we are filing for a formal tentative map time extension along with the $270.00 processing fee. I have also informed the Public Works Department with reference of our filing said extension of time. If you have any questions or comments, please do not hesitate to call. Sincerely, INGENUITY ENGINEERING CORPORATION 2 arot Senior Project Civil Engineer 905. HIGHLAND AVENUE, STE. A, NATIONAL CITY, CALIFORNIA 91950 TELEPHONE: (619) 474-4242 FACSIMILE: (619) 470-9171 /0 '3L J..Y FARIADElP I'ARF. MAP I4C' 50'1104_ Cri rce Ns RFi'R,f.�EnIT I_s .ARADENA rA r) o Pi, NA, n140 c547.0 For S OF'.o ,xE P✓.:LL rnpC Y211. ,.I.dxi N'w nw..nj, _ .ur uv .nz. [ .s q �• OE:1AIL 'A' DsDr, ..F-13EAKI4lc, Bo I I > TAIL D °bL0' N7A7i[IV MAU �O QoA0 O uNO. 00Noa0 LOT Se , (OLOCR 4 , PAIZA DENA PAM<, MAP* I404. .N THE CrrN of NATIONAL CITY' COUNTY OF SAN WeC4.0 �eDER O , STATE OF CALIF. FIEDP II P cTFF'.Ce ll iOF CONNTY or nu ol0Vo CouNTY col we 11EEEA+ CERTIFY THAT WI ARe Tie DwNERS OR ARE INTERESTED IN THE LA110 SUADIYIDED no( 'THIS MAP ANP WE CONSENt 'to THE PREPA0ATDN AND RECOR0A70131 DF THIs I'AAP• ' TOM 5unD1y151DN IY A CONDonAINIYM PRiECY AS DEFINED IN ]CCTION 1SIC OF IRE C[JN. CODE OF THE STATE of CALIFD¢gtA AND 's FILED PN05A0 TO THE 5N001vN1011 AAAP ACT vEv�uae de ..oeruAoe C1.PID. - IA CALIFOCJIA CORP AS OWNER Jo SE FA- P. CAVDNDO VICF REti ALE% C. CARDLIJD DEDiDONum.w" 54AIL Or �10eenuronxu cwmr o. e un C"U'. M r.wu1m�xrt.__ .nimuuirssm[rt ✓ ti3MrrmmC. � __ .,l E[r rrwf.'m me. Ion r'gv[Dmx[axd[du"d MM..mT'M[.x>4m mMT4LXv> Dr 3[ ..."ox''w.xe .WMADmm0V.WEIIX''''''M.0DKX ''' twe..▪ Fmx.DX3X[w>u D...D..nwv*•Mo[x.D,D wwXVO...ow.C.1,1,w0.Xn.. o.w 1°' 0E0 r•[..m3031. Amp 3•c+x[n•n ......n..w[�,oxraw..'"."' .w>w.n wm[wmro.ox' ▪ w+• .roman.wx mx'moxm[w."xw.xr„a..xeD.a[m.'a Dwnr tn.. DWI"o. DDV,OF Mi.. w'6 rw.w+w'+D'm.[MoDmII. 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P.Y. 470 S.F P.Y. 470 S.F Unit k 3 Unit # 4 Unit # 5 6" CMU Pr vacy walls Unit # 6 M,PT'gg,t, ML TurF Common Yard 4200 S.F. + % Ptimkifh0-\ Tul Turf CAS Revisions 05/29/01 oeYnioi GISMO 05O°99/01 SCALE Scale 1' _ Joi re 10' �x cr n e G Irrigation Plan 2902 P.Y. 470 S.F. Unit # 4 Unit # 5 6'CCMU Pr vacy walls a-e Planter* {iglaic{ Ar/'ber P icen x i*oeoe{ ni -.1._ k'oo+ 'Ip °IAOt'PTQ :i Gal. Doxestio0 S llal. - e,C.s P' v. : 20' Dr'. re I .—IM1+i I 'Tart 0, to o'el,unLL vIvt PI. u In the t ih lint/ ,eforp I'Irst Erll Valve 7e l'ail (not to scale) Unit tt Irrigation for Individual yards will attach to hose F. RY. 470 F Unit # 3 Plante^ �21 a/n•�{L Tf• r Turf 3/1 I M1 n Y. 470 S F \ 1 vrrz Turn. Unit # 6 r."'' 439113/ ' Turf Revisions 05/29/01 05/01 NECIL° 05°7t9/01 1 Scale° 1' = 10' AIM »cn n a 2 Irrigation Plan d�EBBo� City of National City, California COUNCIL AGENDA STATEMENT November 18, 2003 EETING DATE AGENDA ITEM NO. 14 (-ITEM TITLE NOTICE OF DECISION - DENIAL OF A CONDITIONAL USE PERMIT FOR A CHURCH AT 833 EAST 8TH STREET (APPLICANT: OCTAVIANO CABRERA - MISSIONES EL SHADAI) (CASE FILE NO.: CUP-2003-18) PREPARED BY Roger G. Post, 336-4310 DEPARTMENT Planning EXPLANATION The project site is located on two parcels on the north side of 8'h Street, between Highland Avenue and "I". Street in the General Commercial (CG) zone. There is an existing 4,171 square foot commercial building with a bar and another church use, and another attached building with office uses, on the 14,380 square foot site. The site also includes a 27-space off-street parking lot with access from "I" Street. The church proposes to hold services throughout the week, with 15 to 20 people attending on Sunday and 10 to 13 people on weeknights. The pastor would lead the services with the assistance of an amplified microphone and musical accompaniment. Planning Commission held a public hearing on this item at their October 20, 2003 meeting. A couple members of the community stated that the church has been in operation for 8 or 9 months without a permit and that they had concerns that there is insufficient parking for this use. The applicant was not present to speak on behalf of the church. Commissioners denied the Conditional Use Permit application finding that traffic and noise generated by the proposed use will have an adverse effect on adjacent properties. Environmental Review Financial Statement N/A Nil Categorical Exemption Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD I COMMISSION RECOMMENDATION The Planning Commission denied the Conditional Use Permit. >_ Vote: Ayes- Carrillo, Saludares, Alvarado, Flores, Baca, Martinelli, Reynolds, Graham Absent: Pruitt ATTACHMENTS ( Listed Below j 1. Planning Commission Resolution No. 37-2003 2. Location Map 3. Site photographs 4. Site Plan Resolution No. A-200 (9/99), RESOLUTION NO. 37-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT FOR A CHURCH AT 833 E. 8 STREET. APPLICANT: OCTAVIANO CABRERA — MISIONES EL SHADAI CASE FILE NO. CUP-2003-18 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a church at 833 E. 8th Street at a duly advertised public hearing held on October 20, 2003, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2003-18 maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on October 20, 2003 fail to support findings, required by the Municipal Code for granting any conditional use permit that the proposed use will not have an adverse effect on adjacent or abutting properties, and that the proposed use is deemed essential and desirable to the public convenience or welfare. BE IT FURTHER RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on October 20, 2003, support the following findings 1. That the proposed use will have an adverse effect on adjacent or abutting properties, since church functions and gatherings often generate impacts such as noise and traffic which would affect nearby residential property. 2. That the proposed use is not deemed essential and desirable to the public convenience or welfare, since the General Plan encourages commercial and complimentary use on the property, and the church will not compliment adjacent business uses. BE IT FURTHER RESOLVED that the Planning Commission hereby denies conditional use permit application no. CUP-2003-18. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council; and, BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 3, 2003 by the following vote: AYES: CARRILLO, SALUDARES, ALVARADO, FLORES, BACA, MARTINELLI, REYNOLDS, GRAHAM NAYS: ABSENT: PRUITT ABSTAIN: PROJECT LOCATION ZONE BOUNDARY LOCATION MAP ®, son tamp -® Proposed church at 833 E. 8th Street CUP 2003-18 NATIONAL CITY PLANNING DRN. DATE: 10/8/03 INITIAL HEARING: 10/20/03 SITE PHOTOS SITE PHOTOS SITE PHOTOS SI lb PHOTOS ; y - REALTOR' 8th. Street GENE BOWMAN REAL x Y REAL ESTATE & PROPERTY MANAGEMENT 845 EAST 8TH STREET NATIONAL CITY, CALIFORNIA Parcel 556-414-08 & 09 Lot Size 125X125 Chuck's Inn 831 E. 8th. ST. 30X69.5 u) 21)1(0 833 E. 8th. ST. 15X69.5 r 835 E. 8th. ST. 15X69.5 Stora•e 845 E. 8th. ST. Suite B Suite C 20X21 J Bowman Realty 845 E. 8th. ST. IpARKING N."ARKING Suite A \ . \ \ �N A N .\ PARKING PARKING PARKING `, PARKING l PARKING BUS. _ (619) 477-1111 N \ Ave. 6 City of National City, California COUNCIL AGENDA STATEMENT November 18, 2003 15 Id1EETING DATE AGENDA ITEM NO. 7-ITEM TITLENOTICE OF DECISION — APPROVAL OF A CONDITIONAL USE PERMIT FOR EXPANSI( OF THE RALPHS SHOPPING CENTER AT THE NORTHEAST CORNER OF PLAZA BOULEVARD AND EUCLID AVENUE AND A VARIANCE FOR TWO FREESTANDING SIGNS IN A 20 FOOT SETBACK AREA (APPLICANT: EVERGREEN DEVCO, INC.) (CASE FILE NO.: CUP-2003-19/Z- 2003-8) PREPARED BY Roger G. Post, 336-4310 DEPARTMENT planning EXT. EXPLANATION • The project site is the Ralphs shopping center at the northeast corner of Plaza Boulevard and Euclid Avenue in the Limited Commercial (CL) zone. The 7.3 acre property is somewhat rectangular with a curving frontage along Euclid Avenue. It is developed with Ralphs adjacent to the east property line and Blockbuster Video and Firestone Tire and Service Center on the south side of the center. A very large customer parking lot is on the north side of the property. The applicant proposes to build a 14,500 square foot Walgreens drug store on the north end of the lot and reconfigure the existing parking lot. The building will be 24 feet tall, with the exception of a 31 foot tall tower element at the main entry. It will be have a split face block and stucco exterior with a reddish tile roof. It will be located approximately 75 feet from Euclid Avenue and 40 feet from the north property line. Improvements will also include significantly enhanced pedestrian and vehicular access from Euclid Avenue, will which will make entering the center considerably safer. Additionally, the applicant will construct a 15 foot tall freestanding sign along Plaza Boulevard and a 25 foot tall sign with a reader board along Euclid Avenue; both will be located within a required 20 foot setback area. Planning Commission held a public hearing on the item at their October 20, 2003 meeting. Although there was no testimony in opposition to the item, the Commissioner's discussed traffic circulation to and from the site. and the efficiency of the reconfigured parking lot. They approved the Conditional Use Permit and Variance finding that the site is suitable for the improvements, and that the proposal would upgrade the appearance of the site. They also found that the Variance allowed the proposed signs to be effective given the surrounding development and unusual site conditions. Environmental Review Financial Statement N/A Categorical hxempfion N/A MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOA I. / COMMISSION RECOMMENDATION the Ianning Commission approvedthe Conditional Use Permit and Variance. Vote: Ayes- Saludares, Alvarado, Martinelli, Flores, Reynolds, Carrillo, Baca, Graham ATTACHMENTS (Listed Below ) 1. Planning Commission Resolution No. 35-2003 2. Location Map L. Absent- Pruitt Resolution No. 3. Site photographs 4. Site Plan and elevations A-200 (Rev. 7/03) RESOLUTION NO. 35-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR EXPANSION OF THE RALPHS SHOPPING CENTER AT THE NORTHEAST CORNER OF PLAZA BOULEVARD AND EUCLID AVENUE AND A VARIANCE FOR TWO FREESTANDING SIGNS IN A 20 FOOT SETBACK AREA APPLICANT: EVERGREEN DEVCO, INC. CASE FILE NO. CUP-2003-19/Z-2003-8 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for expansion of the Ralphs shopping center at the northeast corner of Plaza Boulevard and Euclid Avenue and a Variance for two freestanding signs in a 20 foot setback area at a duly advertised public hearing held on October 20, 2003, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2003-19/Z-2003-8 maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on October 20, 2003, support the following findings: FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the 7.3 acre shopping center is large enough to accommodate an additional 14,500 square foot retail building and the required off-street parking. 2. - That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the nearby streets, which are major and prime arterial roads, and intersections can absorb the additional 1,280 ADT generated by the proposed drugstore, and still perform within the Level of Service standards in the National City Transportation Study. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed building and site improvements will enhance the appearance of the existing shopping center, and since it will increase the compatibility of the site with the adjacent multi -family residential uses. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the proposed drugstore will be the most convenient one in the area for the numerous residents that live in the large apartment complexes adjacent to an nearby the site. FINDINGS FOR APPROVAL OF THE VARIANCE That because of special circumstances applicable to the property, including shape, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since the property's curvilinear frontage along Euclid Avenue coupled with the height of an apartment complex adjacent to the north of the site makes signs setback 20 feet from the property line less effective. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since the proposed signs meet all other Land Use Code requirements, and since they will be located in attractive landscape planters, also because development adjacent to the north is located within the required setback area. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since one freestanding sign per property, per street frontage is allowed in the CL zone. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit/ Zone Variance authorizes the expansion of the existing Ralphs shopping center with the addition of a 14,500 square foot Walgreens drugstore, and the placement of two freestanding signs (one along Euclid Avenue and one along Plaza Boulevard) within a 20 foot setback area. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A, B and C, Case File no. CUP-2003-19/Z-2003-8, dated 7/30/2003. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. Additional trees, for the purpose of screening, shall be planted along the north property line adjacent to the proposed building if feasible. 3. A trash enclosure shall be provided in accordance with city standards. It shall have a stucco exterior to match the building. 4. The proposed six foot block wall along the north property line shall have a fmished appearance that is compatible (split -face block or stucco) with the proposed building. 5. All parking stalls and drive aisles located within the portion of the parking lot that is proposed to be reconfigured shall meet minimum Land Use Code requirements. 6. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 7. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 8. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 9. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 10. Before this Conditional Use Permit/ Zone Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit/ Zone Variance. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit/ Zone Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 11. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 12. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plans shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution, and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drain, shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 13. All surface run-off shall be collected by approved drainage facilities and/or directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 14. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading plan. Any sewer lateral in the City right-of-way shall be 6 inch in size with a clean -out. A sewer "S" shall be provided on the curb to mark the location of the lateral. 15. There are existing easements reserved to the City of National City and no building encroachment will be allowed within the easements. The easements shall be shown on the plans. 16. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, they shall be restored by a licensed land surveyor or civil engineer after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the National City Engineering Department. 17. A permit shall be obtained from the Engineering Department for all improvement work within the Public Right -of -Way, and the grading construction on private property. 18. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvement, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 19. A title report shall be submitted to the Engineering Department after Planning Commission approval for a review of all existing easements and the ownership at the property. 20. An automatic fire sprinkler system will be required. 21. The fire flow for a type V-N with an automatic fire sprinkler system will be a minimum of 1,650 gpm for 2 hours with a 20 psi residual. 22. A minimum of 20 feet of clear width with 13'6" vertical clearance will be required around the perimeter of the structure, designated as a fire lane. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 3, 2003, by the following vote: CARRILLO, SALUDARES, ALVARADO, FLORES, BACA, MARTINELLI, REYNOLDS, GRAHAM AYES: NAYS: ABSENT: PRUITT ABSTAIN: PROJECT LOCATION ZONE BOUNDARY AN LOCATION MAP New Walgreens in the Ralphs shopping center at the intersection of Plaza Boulevard and Euclid Avenue CUP-2003-19/Z-2003-E NATIONAL CITY PLANNING DRN. DATE: 9/24/03 INITIAL HEARING: I 10/20/03 SITE PHOTOS J a� SP-7 or fob p2249 &Olga — NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. CUP-2003-19/Z-2003-8 DATE: 7/30//2003 `''?ROBERT KUBICEK ARCHITECTS I g, AND ASSOCIATES,INC. c 2801 W. COAST HWWyy 1�2200 NEWPORT BEACH. CAIJFORNIA'92663 yvo2�f��"o FAX NO. (949) 515-7207 (949) 515-7200 1 WEST ELEVATION - EUCLID AVE. f CO D'-a1- PHARMACY Weldiffigatamn& 1-HR PHOTO 2 SOUTH ELEVATION • PLAZA BLVD. 24 HR 'LS U!. '(h F 3 EAST ELEVATION 4 NORTH ELEVATION iR • r-r '-EEO L?. KEYED NOTES xW. 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H.M ae sr ra.M*l 'Ito,. POWIr A."'11 Mw0aH r uw MM.:44 =OW iVpi. AI. oMW 904W GENERAL NOTES nmere. AIL LOW. MAI./ tOWNS t & Wa.#4x¢y..4c4. JJC Cr') 5TA`t FABRICATE AND INSTALL ONE(1) DOUBLE FACE ILLUMINATED MONUMENT SIGN AS PER DRAWING. ALUMINUM CONSTRUCT1ON CABINET WITH CWHO FLUORESCENT ILLUMINATION PAINTED DARK BRONZETONE. PANAFLEX FACES WITH VINYL #3630-73 RED AND #3630-36 BLUE APPLIED. ALUMINUM CONSTRUCTION L.E.D. (24X50) DISPLAY WITH HINGED FACES PAINTED BRONZETONE TO MATCH. ' STEEL SQUARE TUBE POLES PAINTED BRONZETONE TO MATCH. 16'-8" (2001 10%015/16" (120.93") 3'-6" (42") OPEN 24 HOURS ❑RIVE-THRU PHARMACY 2.6-0" (W) SCALE:1/4"_ CooaTinator Approval 5%5" (651 (24") 3'-71/2" (43.5") 14'-O" (1661 213/4" 17" Production Approval Ground Dun Oats LUORESCO .�;i�rirvc s s1cN� WALGREEN5* 51t. 25' PYLON LED c3I. . LSGrLA tH"n p.xcn ,c not ,, e0 ,n."n ra -t.one Otto, c:S�n..n1 II. roprtdu: 2C ar Se[ in t""]xn (IT11k, 6 T�a2ysee+vl fi786g NA11ON,J.0 , C.ALIFQFNA FABRICATE AND INSTALL ONE(i) DOUBLE FACE ILLUMINATED MONUMENT SIGN AS PER DRAWING. ALUMINUM CONSTRUCTION CABINETS WITH CWHO FLUORESCENT ILLUMINATION PAINTED DARK BRONZETONE. "PANAFLEX FACES WITH VINYL #3630-73 RED AND #3630-36 BLUE APPLIED - WALGREENS. OTHER TENANT - T.B.D. `5TEEL SQUARE TUBE POLES PAINTED BRONZETONE TO MATCH. (180") SCALE:1/4"= T-0" Coordinatorhppraal RESCC LIGHRNG s SIGN£ Production Approval Oround Due Date WALGREENS 07869 NATIONAL CITY, CALIFORNIA A5 NOTED 07.17-08 869 Nation 20' PYLON 12 CAeWEf FG07794-05 wll" v •,o]acE Ool"3 4PL'i9"<„ Ip, u= n L`BI'ion.�� �otl�cej �. s o en v..Y Ii[n:on i1M1ou! ea A oi-?806 11