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Home My WebLink About2004 03-02 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — MARCH 2, 2004 - 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 I NZUNZA APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF FEBRUARY 3, 2004 AND THE REGULAR MEETING OF FEBRUARY 17, 2004. 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. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at 336-4228 to request a disability -related modification or accommodation. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Council requests that all cell phones and pagers be turned off during City Council Meetings. COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 3/2/04 PAGE 2 PRESENTATION SANDAG presentation to Council regarding the Draft Regional Comprehensive Plan. PROCLAMATIONS Proclaiming February 21, 2004 as: "JOSEPH PATRICK TUMINITING DAY" Proclaiming March 17, 2004 as: "WILLIAM H. STEWART DAY" PUBLIC HEARING 1. Public Hearing — Street vacation for the closing of 15th Street between "C" and "D" Avenues and of a 162 foot long portion of the alley extending south of 15th Street. (Applicant: City of National City) (Case File No.: SC-2003-3) (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. Approval of a motion to waive reading of the text of all Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk). 3. Resolution No. 2004-32 Resolution of the City Council of the City of National City authorizing the Acting Director of Public Works/Engineering to establish a 40-foot red no parking zone on the northeast corner of 30th Street from "A" Avenue. (San Diego Dodge, TSC Item No. 2004-6) (Public Works/Engineering) COUNCIL AGENDA 3/2/04 PAGE 3 CONSENT CALENDAR (Cont.) 4. Resolution No. 2004-33 Resolution of the City Council of the City of National City authorizing the Acting Director of Public Works/Engineering to establish a 30-minute parking zone at 2421 National City Boulevard. (L. Diaz, TSC Item No. 2004-8) (Public Works/Engineering) 5. Resolution No. 2004-34 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the San Diego Unified Port District for police and fire services. (Finance) 6. Resolution No. 2004-35 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Kleinfelder, Inc. to provide special testing and inspection services during the construction of the National City Fire Department, Station No. 34 Project. (Public Works/Engineering) 7. Resolution No. 2004-36 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Kleinfelder, Inc. to provide special testing and inspection services during the construction of the National City Public Library Project. (Public Works/Engineering) 8. Resolution No. 2004-37 Resolution of the City Council of the City of National City approving a Tentative Subdivision Map and Conditional Use Permit for conversion of the Red Lion Inn, at 801 National City Boulevard, to 170 residential condominiums and commercial space. Applicant: Pacifica Companies. (Case File Nos. S-2003-5/CUP-2003-22) (Planning) COUNCIL AGENDA 3/2/04 PAGE 4 CONSENT CALENDAR (Cont.) 9. Resolution No. 2004-38 Resolution of the City Council of the City of National City authorizing the City Manager to execute an Agreement with RJA Management Services, Inc. to perform executive search services for the position of Chief of Police. (City Manager) 10. Resolution No. 2004-39 Resolution of the City Council of the City of National City authorizing the City Manager to execute an Agreement with Shannon Executive Search to perform executive search services for the position of Fire Chief. (City Manager) 11. WARRANT REGISTER NO. 33 (Finance) Ratification of Demands in the amount of $1,484,149.41. 12. WARRANT REGISTER NO. 34 (Finance) Ratification of Demands in the amount of $1,457,483.39. NON CONSENT RESOLUTION 13. Resolution No. 2004-40 Resolution of the City Council of the City of National City adopting an Amendment to the General Plan to allow conversion of hotels and motels to residential use at higher densities than permitted for new construction, and to change the Combined General Plan/Zoning Map from RS-1 to IP-PD for two acres at 5800 Boxer Road. (Applicants: Pacifica Companies and Cingular Wireless) (Case File Nos. GP- 2003-2, GP-2003-5) (Planning) *Refer to Item #14 COUNCIL AGENDA 3/2/04 PAGE 5 ORDINANCES FOR ADOPTION 14. Ordinance of the City Council of the City of National City rezoning certain parcels of real property pursuant to the Land Use Code from RS-1 (Single -Family Residential) to IP-PD (Private Institutional -Planned Development) for a 2-acre site at 5800 Boxer Road. (Applicant: Cingular Wireless) (Case File Nos. GP-2003- 5/ZC-2003-4) (Planning) *Refer to Item #13 15. Ordinance of the City Council of the City of National City amending the National City Municipal Code by amending Title 18 (Land Use) by adding Chapter 18.77 and Chapter 18.74 regarding conversion of hotels and motels to residential use at higher densities than permitted for new construction. (Applicant: Pacifica Companies) (Case File Nos. A-2003-4) (Planning) 16. Ordinance of the City Council of the City of National City amending the National City Municipal Code by Amending Title 1, Chapter 1.36 pertaining to abatement of public nuisances, adding Chapter 1.41 pertaining to cost recovery for code enforcement and emergency response services, adding Chapter 1.42 pertaining to administrative hearings, and amending Chapter 1.44 pertaining to administrative citations. (City Attorney) NEW BUSINESS 17. Request for use of the Martin Luther King, Jr. Community Center by the Interamerican College for a graduation ceremony and waiver of fees. (Public Works/Engineering) STAFF MAYOR AND CITY COUNCIL ADJOURNMENT Adjourned Regular Meeting — Council Staff Retreat —Saturday, March 13, 2004 — 8:00 a.m. — Kimball Senior Center Next Regular City Council Meeting — Tuesday —March 16, 2004 - 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 SANDAG PRESENTATION DRAFT REGIONAL COMPREHENSIVE PLAN Our %sion.0ur i.tju9�, THE REGIONAL COMPREHENSIVE PLAN San Diego Regional Comprehensive Plan January— March 2004 Toward a Better Future • Broad participation • Directs growth into urban areas • Uses transportation funding as incentive for smart growth • Uses land use and transportation to guide other infrastructure investments • Actively engages our regional neighbors and tribal governments `To preserve and enhance the San Diego region's unique features — its vibrant and culturally -diverse communities, its beaches, deserts, mountains, lagoons, bluffs, and canyons, and its international setting — and promote sustainability, economic prosperity, and an outstanding quality of life for everyone." San Diego Region A Shared Vision of the Future NurvistagilOurfulft 1 Our Current Path Under Existing Plans: • Continued housing shortages, skyrocketing prices • More traffic congestion • Less open space M011ons of People 4.0 3.0 2.0 1.0 .50 Our Current Path Population e••••••••••••• 1970 1980 1990 2000 2010 2020 2030 The Road Less Traveled 1. Improving the connections between land use and transportation plans 2. Using land use and transportation plans to guide other plans 3. Making it happen through incentives and collaboration 1JO�atlmm� 2 1. Better Connecting Land Use and Transportation Plans Key Concepts in Land Use and Transportation punislo lwnn.e. 2. Using Land Use and Transportation Plans to Guide Other Plans Local and Regional Transportation Plans - •P FRAM ORK� Local and Regional ®_ Land Use Plans 4:Solidduwdon Waste Open Space Energy Land Use -Transportation Connection Regional Transit Corridors Smart Growth Opportunity Areas aLli�ga�.em� 3. Making It Happen Through Incentives and Collaboration 3 Strengthening Local and Regional Connections Through Subregional Initiatives Subregional Corridor and Network Studies Jobs I Housing Analysis Refined Smart Growth Plans Implementation and Financing Strategies A Healthy Environment Efficient Public Facilities More Housing Choices Economic Prosperity Border Issues Riverside County • Jobs/Housing • Transportation • Energy • Economic Development International Border • Ports of Entry • National Security • Transportation • Environment • Economic Development Imperial County • Water and Energy • Rail and Airport • Jobs/Housing • Economic Development Tribal Governments • Transportation • Jobs/Housing • Environment • Economic Development 4 Social Equity and Environmental Justice Equity Economy Environment Performance Measures Report, card H W sin 9............... open SW'•.............................. Public Facilities Where the Road Leads Us • Continued broad participation • Directs growth into urban areas • Uses transportation funding as incentive for smart growth • Uses land use and transportation to guide other infrastructure investments • Actively engages our regional neighbors and tribal governments esurvuuc� Integrated Regional Infrastructure Strategy Next Steps EY Initial comment period on draft RCP lasts through March 1, 2004 if Presentations on RCP from January — March 2004 d Draft EIR — March 26 d Workshops on draft RCP and draft EIR — April 2004 SANDAG action on final EIR and RCP — June 25 Nei OUT PTV 011. nU fUt41 Peo THE REGIONAL COMPREHENSIVE PLAN San Diego Regional Comprehensive Plan www.sandag.org/rcp 5 ��. ttg u# _'afirina1 City fxoclaxcta#Yon WHEREAS, Joseph Patrick Tuminting served the United States Navy as a civil service carpenter, earning several Employee of the Month awards; and WHEREAS, Mr. Tuminting served the City of National City and its youth in several capacities, including Scout Master and as a church leader; and WHEREAS, Mr. Tuminting's service and dedication to the community will be missed by all. THEREFORE, as Mayor & City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim Saturday, February 21, 2004 as: JOSEPH PATRICK TUMINTING DAY We call upon all citizens of National City to honor the memory of Mr. Tuminting by recognizing his dedication and contributions to the citizens of the City of National City. ,212.nr rc !O11t& Frank Parra Vice Mayor LA ' j Y GldLtd.CC Luis Natividad Councilmember Nick Inzunza Mayor Ron Morrison Councilmember r Fideles Ungab Councilmember `4 S i C firudamatiun WHEREAS, Sweetwater Union High School serves as the only high school in National City, and as such holds in deep regard its unique responsibilities to the youth of National City and, WHEREAS, for generations, Sweetwater Union High School teachers have nurtured beliefs, guided attitudes and developed skills and knowledge in the students as their professional duty and personal passion and, WHEREAS, William H. "Bill" Stewart in his many years of caring and loving service to Sweetwater Union High, served as model and mentor to his colleagues and his department and the district and, WHEREAS, Bill Stewart understood the importance of educating the "whole" student, gave generously of his time and the talent as Advisor to the California Scholarship Federation -Chapter 11 s, Mentor For Science Fair Projects, Advisor to Senior Variety Shows, and portrayal of the "Grinch" for drama department and, WHEREAS, Bill Stewart after his retirement, kept Sweetwater Union High School in his memory as a place where practicing "state of the art education" was only surpassed by "state of the heart" commitment to the hopes and dreams of the youth of National City and WHEREAS, Bill Stewart, has reaffirmed his love and regard for Sweetwater High School and promise it lifts up for all its students through the Stewart Hope Foundation, to provide resources to the students and teachers in science and mathematics to dare to dream and do for years to come. THEREFORE, as Mayor and City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim March 17, 2004 as: WILLIAM H. STEWART DAY We call upon all citizens of the City of National City to recognize Bill Stewart as both past and prologue to Sweetwater Union High School Pride and Tradition, which pays forward a promise of academic success for all students. a— Fr.�" Parra Vice Mayor cif Fideles Ungab Councilmember Nick hfzunza Mayor 'OAK? a.1.19 0 Ron Morrison Councik»iember i ;?.y r City of National City, California COUNCIL AGENDA STATEMENT ...FETING DATE March 2, 2004 AGENDA ITEM NO. 1 (-ITEM TITLE PUBLIC HEARING - STREET VACATION FOR THE CLOSING OF 15TH STREET BETWEEN "C" AND "D" AVENUES AND OF A 162 FOOT LONG PORTION OF THE ALLEY EXTENDING SOUTH OF 15TH STREET (APPLICANT: CITY OF NATIONAL CITY) (CASE FILE NO.: SC- 3 PREPARED BY EXPLANATION Roger G. Post, 336-4310 DEPARTMENT Planning EXT. City Council set the item for public hearing at their February 17, 2004 meeting. The attached background report more fully describes the proposed street vacation, which is needed to accommodate the new National City Fire Department Headquarters. Environmental Review X N/A Categorical Exemption MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECO MENDATION Staff concurs with the recommendation of the Planning Commission. BOARD / COMMISSION RECOMMENDATION The Planning Commission voted to recommend approval of the street vacation. Vote: Ayes-, Alvarado, Baca, Carrillo, Flores, Graham , Martinelli, Pruitt, Remolds Absent- Saludares ATTACHMENTS ( Listed Below) Resolution No. 1. Background Report 2. Recommended Findings for Approval 3. Recommended Condition of Approval 4. Location Ma 5. Site Photographs 6. Proposal Exemption 7. Agency Comments 8. Application 9. Applicant's Plans (Exhibit A) BACKGROUND REPORT The area of street and alley to be closed is the portion of 15th Street between C and D Avenue, and the adjacent 162 feet of the alley between 15th and 16th Street. The southern 100 feet of the alley will remain for public access. The area to be vacated is in the Civic Institutional - Open Space Zone (IC -OS). It is 18,840 square feet in area and includes a 260 feet long and 60 feet wide portion of 15th Street and a 162 feet long and 20 feet wide section of alley. Both are improved for,local access. Vehicular access to the area is from the west on C Avenue, from the east on D Avenue and from the south on 16th Street. The only properties fronting on the area to be vacated are the former Multi -Cultural Center and existing Fire Station on the south side of 15th Street in the IC -OS Zone. These also front on C and D Avenue, and the Fire Station also has access from the section of the alley to remain. Kimball Park and National City Boys & Girls Club are located to the north, both of which are in the IC -OS zone. They do not have access from 15th Street, due to a significant grade differential between the two, as well as fencing and a drainage channel in the area. Single-family homes are located east across D Avenue as well as on C Avenue and adjacent to a portion of the alley that will remain, in the RS-3 Single -Family Zone. The vacated area will be combined with adjacent City property for the new Fire Station. This will replace the existing fire station as well as the Multi -Cultural Center. 15th Street and the alley do not serve as primary access to or from the residences on C Avenue or to Kimball Park. Access to properties on C Avenue will remain via 16th St. 15th Street does not continue west of C Avenue and only continues on for an additional three blocks to the east; it does not function as a major transportation route. The only abutting property is the site of the new Fire Department Headquarters, which would not require access from either 15th Street or portion of the alley to be vacated. The City's Circulation Element of the General Plan does not identify 15th Street or the alley as an arterial road or collector street, so the only potential need for the street is to serve as access to those properties adjacent to it. As noted above, such access will be provided by other streets. Alley access will also be maintained for the two residential properties on the east side of C Avenue. Thus, closing 15th Street between C and D Avenue and 162 feet of alley between 15th and 16"' Street is consistent with the City's General Plan. Planning Commission held a public hearing on this item February 2, 2004. An owner of a property adjacent to a portion of the alley to be closed asked for clarification of several construction aspects of the project. The Commissioners voted to recommend that Council approve the street vacation, since the areato be vacated is not needed for present or future public use. The Planning Commission also made the attached findings. RECOMMENDED FINDINGS FOR APPROVAL OF THE STREET VACATION 1. That the area to be vacated is not needed for present or future public transportation or other public uses, since the properties abutting the area in consideration have access to other public streets, and since the street and alley that will be vacated provide only additional local access to a small area; local bus service is available on adjacent collector streets; and no public use is envisioned for the area other than expansion of the adjacent Fire Station site. 2. That the area to be vacated is not useful as a non -motorized transportation facility for pedestrians, bicyclists, or equestrians, since 15th Street does not provide access to Kimball Park or other properties and only provides additional local access to the one block area of C Avenue north of 16th Street, and since the urbanized area is inappropriate for equestrian activity. 3. That the vacation of the proposed segment of right-of-way is consistent with the City's General Plan, since the General Plan does not identify 15th Street as an arterial or collector street, and all properties abutting the area to be vacated have access from 16th Street, C Avenue or D Avenue. RECOMMENDED CONDITION OF APPROVAL The developer of the property must pay for the abandonment of the Sweetwater Authority's 4-inch transit main and fire hydrant located within the area being vacated. Kimball PROPOSED STREET CLOSURE RM-3-PD .00 .00 40, 40. .00 G\ 446 000 400 .00 400 PD National City • Junior High IC -OS 0 100 Feet ZONE BOUNDARY 020 asD TION MAP Vacation of 15th Street between C and D Avenue and 162 ft of alley abutting the southerly line of 15th Street SC-2003-3 NATIONAL.CITY PLANNING 40 DRN. DATE: 1/15/04 INITIAL HEARING: 2/2/04 Case File No, SC-2003-3 Looking west on 15 r-.4yortuffittlatiN, • poking east n 15 Street from D Avenue Case File No. SC-2003-3 • "••=:•;tr Looking northwest along 15 Street from D Avenue Northwest corner of 15 St. and D Ave. Looking east along the south side of 15 Alley. .'14.1kok,- • • Stairway to Multi -Cultural Center on south side of 15th Street. Looking southwest along 15 Street from D Avenue Southwest corner of 15 St. and D Ave. Case File No. SC-2003-3 Looking south toward the alley Looking north down the al City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: SC-2003-3 Project Location: 15`h Street between C and D Avenue, and alleyway between 15`h and 16`h Street. Contact Person: Martin Reeder Telephone Number: (619) 336-4311 Description of Nature, Purpose and Beneficiaries of Project: Street vacation of 15th Street between C and D Avenue, and 162 feet of alley between 15th and 16th Street Applicant: City of National City 1243 National City Blvd National City, CA 91950 Exempt Status: Telephone Number: (619) 336-4310 Statutory Exemption. (State type and Section No., if applicable) Categorical Exemption. Class 32 Section 15332 (In -Fill. Development Projects) ❑ Not a project as defined in Section 15332 of CEQA ❑ Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: This street vacation will allow for in -fill development (replacement of an existing fire station and former community center, both adjacent to the area of proposed vacation), with a new fire station on a larger site, consistent with all applicable General Plan and zoning regulations. Additionally, the site provides no endangered or threatened species habitat, and is adequately served by required utilities. Approval would not produce significant environmental effects. Date: 23 January 2004 Martin Reeder Planning Technician SWEETWATER AUTHORITY 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwater.org December 17, 2003 Mr. Josue Espino, Assistant Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Subject: CASE FILE SC-2003-3 PROPOSED VACATION OF 15TH STREET, BETWEEN "C" AND "D" AVENUES SWA GEN. FILE: VACATIONS GOVERNING BOARD JAMES "JIM° DOUD, CHAIR W.D. "BUD" POCKLINGTON. VICE CHAIR R. MITCHEL BEAUCHAMP NICK INZUNZA MARGARET COOK WELSH RICHARD A. REYNOLDS CARY F. WRIGHT WANDA AVERY TREASURER MARISA FARPON-FRIEDMAN SECRETARY Dear Mr. Espino: Enclosed is a copy of Sweetwater Authority's (Authority) composite facility map, 1/4 SEC. 154, noting the proposed street vacation. The Authority currently has a 4-inch transit main, and a 6-inch fire hydrant in the southern portion of the area being vacated, as shown on the attached sketch. The Authority does not object to the proposed street vacation; however, the developer will be responsible for paying for the abandonment of the main and fire hydrant. Also, the City of National City Fire Department has submitted a letter to us stating that the fire hydrant is not necessary. If you have any questions, please contact Ms. Laurie Edwards at (619) 409-6758. Sincerely, SWEETWATER AUTHORITY G Hector Martinez Deputy Chief Engineer HM:LJE Encl.: portion of 1/4 SEC. 154 map I:\engr\Gen\Vacations\Corresp\ncfredept_15th_d_vac.doc ci A Public Water Agency Serving National City, Chula Vista and Surrounding Areas `�� 611Nm un i11111//I to ''kL T NATIONAL CITY, CALIFORNIA Pl"/ll0binui nnI111\\1Q\�`i' STREET or ALLEY VACATION REQUEST Make checks payable to the City of National City File application with the: National City Planning Depaituient 1243 National City Boulevard National City, California 91950 (619)336-4310 Case Nymber PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY S!C -- Zoo,3 r3 Filing Fee $ A Receipt No. P)A Date Received t 1 I Q ; By �-^pt�(1o.�-V E.A.F. Required t eT Fee $ N h Related Cases NOTE Streets, alleys, or portions thereof may only be vacated upon a finding that property in question is not needed for present or future uses as a street. See attached Vacation Procedures for more information. Please consider my request for the vacation of THE ALLEY AND 15TH STREET located between "C" AVENUE AND "D" AVENUE and as more particularly shown and described on drawing of area to be vacated, prepared by BDS ENGINEERING, INC. dated 11-24-03 , an original and 20 copies of which are attached hereto. REASON FOR REQUEST (Attach additional pages if insufficient space below) 15TH STREET BETWEEN "C" AVENUE AND "D" AVENUE IS BEING VACATED BECAUSE THE ABUTTING PROPERTY NORTH AND SOUTH OF 15TH STREET IS CITY OWNED AND WILL NO LONGER BE NEEDED FOR PUBLIC USE. THE ALLEY ABUTTING LOTS 1 THRU 6 AND 15 THRU 20 IN BLOCK 4 OF MAP 552 WILL NO LONGER BE NEEDED FOR PUBLIC USE AND IS WITHIN THE SITE FOR THE NEW FIRE STATION. Title Examination Report obtained by date (attach copy) Street or Alley Vacation Request Application Revised December, 1998 Page 1 of 2 10 PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: CITY OF NATIONAL CITY Name: Signature Signature (Signature ackno ledges that this (Signature acknowledges that this application is eing filed) application is being filed) Address: 1243 NATIONAL CITY BLVD. Address: NATIONAL CITY, CA 91950 619-336-4310 Phone No. 619-336-4380 Phone No. Fax No. Fax No. Date: NOVEMBER 24, 2003 Date: APPLICANT Name: CITY OF NATIONAL CITY (Please type or print) Signature:pe«. (Signatur ertifies that the information submitted with this application is and accurate to the best of the applicant's knowledge). Address: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 Phone No. 619-336-4310 OR 619-336-4380 Fax No. Date: NOVEMBER 24, 2003 Street or Alley Vacation Request Application Revised December, 1998 Page 2 of 2 15Th STREET - STREET VACATION THAT PORTION OF 151.11 STREET IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STA I'E OF CALIFORNIA, LYING NORTHERLY OF AND ADJACENT TO THAT PORTION OF 15TH STREET VACA I'ED AND CLOSED TO PUBLIC USE, BY CITY COUNCIL RESOLUTION NO. 6576, RECORDED MARCH 2, 1956 AS DOCUMENT NO. 28963 IN BOOK 5999, PAGE 508 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 4 OF TEN ACRE LOT 8, OF SUBDIVISION NATIONAL RANCH ACCORDING TO MAP THEREOF NO. 552 FILED JULY 2, 1888 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE WES I'ERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 1 A DISTANCE OF 10 FEET MORE OR LESS TO A POINT ON THE WESI'ERLY LINE OF THAT PORTION OF "C" AVENUE VACATED AND CLOSED TO PUBLIC USE; THENCE ALONG THE NORTHERLY PROLONGATION OF THE WES I'ERLY LINE OF THAT PORTION OF "C" AVENUE VACATED AND CLOSED TO PUBLIC USE TO A POINT ON THE SOUTHERLY LINE OF THAT PORTION OF 15TH STREET VACATED AND CLOSED TO PUBLIC USE BY CITY COUNCIL RESOLUTION NO. 6576 RECORDED MARCH 2, 1956 AS DOCUMENT NO. 28963 IN BOOK 5999, PAGE 508 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE EASTERLY ALONG SAID SOUTHERLY LINE TO THE BEGINNING OF A TANGENT 10 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, SAID CURVE BEING TANGENT TO SAID SOUTHERLY LINE AND ALSO TANGENT TO THE WES 1bRLY LINE OF "D" AVENUE AS SHOWN ON SAID MAP NO. 552; THENCE NORTHEAS 1hRLY ALONG SAID 10 FOOT RADIUS CURVE TO A POINT OF TANGENCY ON THE WESTERLY LINE OF SAID "D" AVENUE; THENCE ALONG THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID "D" AVENUE TO A POINT OF CUSP OF A 10 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, SAID POINT ALSO BEING THE NORTHEAST CORNER OF LOT 20, BLOCK 4 OF TEN ACRE LOT 8 OF SAID MAP NO. 552, SAID CURVE BEING TANGENT TO THE WESTERLY LINE OF SAID "D" AVENUE AND ALSO TANGENT TO THE NORTHERLY LINE OF THAT PORTION OF 15TH STREET VACATED AND CLOSED TO PUBLIC USE PER CITY COUNCIL RESOLUTION NO. 6576 RECORDED MARCH 2, 1956 AS DOCUMENT NO. 28963 IN BOOK 5999 PAGE 508 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE NORTHWES 1'hRLY ALONG SAID 10 FOOT RADIUS CURVE TO A POINT ON THE NORTHERLY LINE OF SAID PORTION OF 15TH STREET VACATED AND CLOSED TO PUBLIC USE; THENCE WESTERLY ALONG SAID NORTHERLY LINE TO THE BEGINNING OF A 10 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, SAID CURVE BEING TANGENT TO THE NORTHERLY LINE OF SAID PORTION OF 15TH STREET VACATED AND CLOSED TO PUBLIC USE AND ALSO TANGENT TO THE WES1'1RLY LINE OF SAID LOT 1; THENCE SOUTHWESTERLY ALONG SAID 10 FOOT RADIUS CURVE TO THE NORTHWEST CORNER OF SAID LOT 1 AND THE POINT OF BEGINNING. 13 ALLEY VACATION IN BLOCK 4 ACRE LOT 8 MAP NO. 552 ALLEY IN BLOCK 4 OF TEN -ACRE LOT 8 OF SUBDIVISION NATIONAL RANCH ACCORDING TO MAP THEREOF NO. 552 LYING ADJACENT TO LOTS 1 THROUGH 6 AND 15 THROUGH 20 TOGETHER WITH THAT PORTION OF ALLEY LYING BETWEEN THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF 15TH STREET AS SHOWN ON SAID MAP NO. 552 AND THE NORTHERLY LINE OF THAT PORTION OF 15TH STREET VACATED AND CLOSED TO PUBLIC USE PER CITY COUNCIL RESOLUTION NO. 6576 RECORDED MARCH 2, 1956 AS DOCUMENT NO. 28963 IN BOOK 5999 PAGE 508 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. ITEM #2 3/2/04 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd :ETING DATE City of National City, California COUNCIL AGENDA STATEMENT March 2, 2004 AGENDA ITEM NO. 3 "ITEM TITLE A RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/ ENGINEERING TO ESTABLISH A RED "NO PARKING" ZONE ON THE NORTHEAST CORNER OF A AVENUE AND 30TH STREET (SAN DIEGO DODGE, TSC ITEM NO. 2004-6) PREPARED BY Adam J. Landa 336-4394 DEPARTMENT Public Works/Engineering EXPLANATION Mr. Lanc Pearson, the President of San Diego Dodge and located at 2829 National City Boulevard, has requested the installation of a red curb "No Parking" zone on the northeast corner of A Avenue and 30th Street. According to Mr. Pearson, vehicles from the surrounding businesses are parking there and obstructing the view from vehicles that are entering 30th Street from A Avenue. The Traffic Safety Committee approved Staffs recommendation of 40 feet of red curb on the northeast corner of A Avenue and 30th Street at their meeting on February 11, 2004. i Environmental Review N/A Financial Statement N/A Approved By; Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD I COMMISSION COMMENDATION The Traffic Safety Committee, at its meeting of February 11, 2004, approved the 40 foot red "No Parking" zone on the northeast corner of A Avenue and 30th Street. ATTACHMENTS ( Listed Below 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2004-32 A -zoo L9 991 RESOLUTION NO. 2004 — 32 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING TO ESTABLISH A 40-FOOT RED NO PARKING ZONE ON THE NORTHEAST CORNER OF 30TH STREET FROM "A" AVENUE (SAN DIEGO DODGE, TSC ITEM NO. 2004-6) WHEREAS, San Diego Dodge, located at 2829 National City Boulevard, has requested the installation of a red no parking zone on the northeast corner of "A" Avenue and 30th Street because vehicles from the surrounding businesses are obstructing the view for vehicles entering 30 Street from "A" Avenue; and WHEREAS, at its meeting on February 11, 2004, the Traffic Safety Committee approved installation of a 40-foot red no parking zone on the northeast corner of "A" Avenue and 30`h Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Acting Director of Public Works/Engineering is authorized to establish a 40-foot red no parking zone on the northeast corner of "A" Avenue and 30`h Street. PASSED and ADOPTED this 2nd day of March, 2004. Nick lnzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiskr, Ill City Attorney By:\ Rudolf Hradecky Senior Assistant City Attorney 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR FEBRUARY 11, 2004 ITEM TITLE: REQUEST FOR THE INSTALLATION OF RED CURB "NO PARKING" ZONE AT THE NORTHEAST CORNER OF 30TH STREET AND A AVENUE LBY: SAN DIEGO DODGE, PHONE 474-4777) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Mr. Lanc Pearson, President of San Diego Dodge and located at 2829 National City Boulevard, has requested the installation of a red curb "No Parking" zone at 30t Street and A Avenue. According to Mr. Pearson, vehicles are parking there from the surrounding businesses and are obstructing the view for vehicles that are entering 30th Street from A Avenue. The speed limit is 35 m.p.h. According to the speed limit and reaction time (see attached chart), the required length of red curb should be 40 feet at the northeast corner of 30th Street and A Avenue. STAFF RECOMMENDATION: Staff recommends the installation of 40 feet red curb "No Parking" zone at the northeast corner of 30th Street and A Avenue (see location map). EXHIBITS: 1. Letter 2. Location Map 3. Chart 4. Photos 2004-6 MILE OF CARS NATIONAL. CITY,; NAPCin January 27, 2004 Traffic Safety Committee 1243 National City Blvd. National City, Ca 91950 To Whom It May Concern: We would like you to look into painting the curb red on 30t&A St. on the East side corner.The cars that park there completely block our view when we make a left turn. This is a dangerous intersection that imperils our employees and customers alike. Thank you for your consideration. Sincere! • er' so Preside 2829 N!ationa= City Blvd., National City, California 91950 ^ 619-474-4777 . Fax 619-474-4899 ` www.sandiegododge.net Li c:3 LOCAT SR - LI 3 31sL ON MAP I Deceleration Rate d = 12.0 feet per second2 Reaction Time r = 1.00 second. Deceleration Distance = 1/2 dt2 or Y2 Vt or 2d Deceleration Time = V Detector Setback = Deceleration Distance + Reaction Distance V2 271 Vr V = Speed (feet per second) d = Deceleration Rate (feet per second2) t = Deceleration Time (seconds) SPEE[t SF EE�e� PEC. TIME DEC. DIST. TOTAL TIME TOTAL DIST. USE aflile Per Hour Feet per Sec. Second Feet Second Feet Feet 25 36.7 3.06 56.1 4.06 92.8 90 30 44.0 3.67 80.7 4.67 124.7 125 35 51.3 4.28 109.6 5.28 160.9 40 58.7 4.89 143.6 5.89 202.3 45 66.0 5.50 50 73.3 55 80.7 60 88.0 160 200 250 223.9 7.10 297.2 300 271.4 7.72 352.1 350 322.7 8.33 410.7 410 rage i012. 2/2/04 file://C:AWfNDfl WS\TEMP\P2020002.JPG 2/2/04 -)ONUS\TEMP\P2020003.JPG City of National City, California COUNCIL AGENDA STATEMENT .ETING DATE March 2, 2004 AGENDA ITEM NO. 4 ITEM TITLE A RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/ ENGINEERING TO ESTABLISH A "30 MINUTE PARKING" ZONE IN FRONT OF 2421 NATIONAL CITY BOULEVARD (L. DIAZ, TSC ITEM NO. 2004-8) PREPARED BY Adam J. Landa 336-4394 DEPARTMENT Public Works/Engineering EXPLANATION Mr. Luis Diaz, the owner of 2421 National City Boulevard, has requested the installation of "30 Minute Parking" zone in front of 2421 National City Boulevard. He stated that his tenants and he have no parking area because there is a small shopping center and a taco shop that generates considerable traffic during the day. The Traffic Safety Committee approved Staff's recommendation of 40 feet "30 Minute Parking" zone on the north side of the driveway located at 2421 National City Boulevard at their meeting on February 11, 2004. Environmental Review X N/A (Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. ` BOARD / COMMIES RECOMMENDATION The Traffic Safety Committee, at its meeting of February 11, 2004, approved the 40 feet "30 Minute Parking" zone on the north side of the driveway located at 2421 National City Boulevard. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2004-33 A-200 19 99i RESOLUTION NO. 2004 — 33 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING TO ESTABLISH A 30-MINUTE PARKING ZONE AT 2421 NATIONAL CITY BOULEVARD (L. DIAZ, TSC ITEM NO. 2004-8) WHEREAS, Luis Dias, the property owner of 2421 National City Boulevard, has requested the installation of a 30-minute parking zone in front of the small shopping mall at that location due to the lack of temporary parking for mall customers; and WHEREAS, at its meeting on February 11, 2004, the Traffic Safety Committee approved installation of a 30-minute parking zone in front of the small shopping mall at 2421 National City Boulevard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Acting Director of Public Works/Engineering is authorized to establish a 30-minute parking zone in front of the small shopping mall located at 2421 National City Boulevard. PASSED and ADOPTED this 2nd day of March, 2004. ATTEST: Michael R. DaIla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City A By: Rudolf Hradecky Senior Assistant City Attorney Nick Inzunza, Mayor NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR FEBRUARY 11, 2004 ITEM TITLE: 4 REQUEST FOR THE INSTALLATION OF "30 MINUTE PARKING" ZONE IN FRONT OF 2421 NATIONAL CITY BOULEVARD (BY: L. DIAZ) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Mr. Luis Diaz, the owner of 2421 National City Boulevard, has requested the installation of a "30 Minute Parking" zone on the north side of his driveway. In his letter dated January 6, 2004, he desired 15 minute loading and unloading parking zone. Subsequent conversion with staff, he changed it to "30 Minute Parking" zone. Mr. Diaz stated that his tenants and he have no parking area because there is a small shopping center and a taco shop that generates considerable traffic during the day. STAFF RECOMMENDATION: Staff recommends the installation of a 40 feet "30 Minute Parking" zone on the north side of the driveway located at 2421 National City Boulevard. EXHI€? ITS: 1. Letter 2. Location Map 3. Photo January 6.2004 Public Works Depts. 1243 National City Blvd National City, Ca 91950 To Whom It May Concern: My name is Luis Diaz and I am the owner of the shopping center located in national city on national city blvd where my resteraunt is also located Los Ponchos Taco Shop. The reason for this letter is simple my tenants and I have been having trouble with the lack of parking. Especially when receiving a delivery as you might already know national city blvd is a very busy street so to minimize the commotion that already exist I am insisting that the city paints and posts a 15 minute loading and unloading zone only so that we as respectful business people can do our part on maintaing the flow of traffic. Thank you very much for your time o e4 �S m * MetroScan / San Diego (CA) Owner` :Diaz Luis J Parcel :562 021 07 00 Site :2421 National City Blvd National City 91950 Xfered :10/26/1999 Mail :2815 Via Del Caballo Blanco Bonita Ca 91902 Price 3 :621 Com,1 To 3 Story,Misc Store Bldgs Phone adrm: Bath: TotRm: YB:1960 Pool: B1dgSF:9,056 Ac: Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. Li H 2 5 L,,H c' I - RE b0/Z/Z Jdft000Z0Zd\a\I-.L\SnWQNIM\ D//saIrj City of National City, California COUNCIL AGENDA STATE ENT `STING DATE March 2, 2004 AGENDA ITEM NO. 5 I ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR THE CITY TO PROVIDE PUBLIC SAFETY SERVICES TO THE SAN DIEGO UNIFIED PORT DISTRICT. PREPARED DV ALISON HUNTER DEPARTMENT FINANCE x 4332 FINANCIAL SERVICES OFFICER EXPLANATION The City is renewing a three-year contract to provide police and fire services for the San Diego Unified Port District. After months of negotiations, the Finance Department completed financial terms that both sides have agreed too. ( Environmental Review X N/A Financial Statement is $1 660 293 Approved By: Revenues for the period of July 1, 2003 through June 30, 2006 comp ared to the previous three-year contract of $1 459 437 or an increase of $200,856.00 STAFF RECOMMENDATION BOARD / COMMISSION RECOMMENDATION n/a ATTACHMENTS ( Listed Below 1. San Diego Unified Port District Contract 2. Resolution nee Director Account No. Resolution Non 2004-34 A-200 (9199) RESOLUTION NO. 2004 — 34 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR POLICE AND FIRE SERVICES WHEREAS, the San Diego Unified Port District ("the District") desires to contract for the provision of police and fire services to the non -ad valorem taxpaying properties located on the City's tidelands; and WHEREAS, the City has the capacity to provide police and fire services to said District properties; and WHEREAS, the District has an obligation to adhere to a principle of reimbursement for services actually performed on tideland trust property, wherein the cost bears a direct relationship to the services provided, the reimbursement is substantiated by an auditable record, and for which the reimbursement is reasonable and falls with the trust purposes of the District; and WHEREAS, the District may authorize the disbursement of money for specified and approved categories of reimbursement to a City providing such services based upon a submittal of records kept in the normal course of City business. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Agreement with the San Diego Unified Port District for police and fire services from July 1, 2003 through June 30, 2006. Said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 2nd day of March, 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: By: ;`Th George H. ` iser, III City Attorney SAN DIEGO UNIFIED PORT DISTRICT Audit & Risk Management Services P.O.. BOX 120488 SAN DIEGO, CA 92112-0488 (619) 686-6264 FAX (619) 686-6424 www.portofsandiego.org February 17, 2004 Marylou Matienzo Finance Director City of National City 1243 National City Boulevard National City, California 91950 Dear Ms. Matienzo: Enclosed are the revised Agreements for Police, Fire and Emergency Medical Services between the City of. National City and the San Diego Unified Port District for the period July 1, 2003 to June 30, 2006. At your earliest convenience, please have the appropriate person sign the agreements: where indicated (sign all three copies) and return to me at the above address. Please callme, if you have any questions. Sincerely, Vilma Selina Director, Audit & Risk Management Services VS:dr Enclosures (3) P1 THREE -`TEAR AGREEMENT FOR POLICE, FIRE AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF NATIONAL CITY AND THE SAN DIEGO UNIFIED PORT DISTRICT The parties to this Agreement are the CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "CITY," and the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter called "DISTRICT." RECITALS WHEREAS, the DISTRICT desires to contact for the provision of police, fire and emergency medical services to the non -ad valorem taxpaying properties located on the CITY's tidelands, and; WHEREAS, the CITY has the capacity to provide police, fire and emergency medical services to said DISTRICT properties, and; WHEREAS, the DISTRICT has an obligation to adhere to a principle of reimbursement for services provided to non -ad valoremtidelands wherein the cost bears a direct relationship to theservices provided, the reimbursement is substantiated by an auditable record, and for which the reimbursement is reasonable and falls with the trust purposes of the DISTRICT, and; WHEREAS, the DISTRICT may authorize the disbursement of money for specified and approved categories of reimbursement to the. CITY providing such services are based upon records kept in the normal course of CITY business; records kept u ui NOW, THEREFORE,. the parties agree: 1. SERVICES TO BE PROVIDED A. This Agreement covers reimbursement of the cost of police, fire and emergency medical services to be provided by the CITY upon the DISTRICT's filled tidelands and property within CITY'S limits, which do not generate ad valorem tax revenues. Those properties include but are not limited to non -dedicated streets, parks and other open' space; unleased developed properties; and unleased vacant land. Nothing herein contained shall give CITY the right to use or occupy any DISTRICT real or personal property, or to otherwise use the services of the DISTRICT or its employees. CITY shall provide police, fire and emergency medical services as contained in the Statement of Reimbursable Expenses of this Agreement, attached hereto as Attachment A and incorporated by reference as though fully set forth herein. Only expenditures authorized herein shall be eligible for reimbursement, unless approved in writing by the DISTRICT. C. For Police Services, the CITY shall provide services to the same extent and in the same manner as such member city actually provides or may be required by law to provide to an ad valorem tax -generating property. DISTRICT and CITY shall, to the extent practicable, meet and confer as needed to discuss deployment of resources cooperatively in an effort to avoid duplication of services. D9s #37063 Page 1 of 7 For Fire and Emergency Medical Services, the CITY shall provide, to the same extent and in the same manner as such member city actually provides or may be required by law to provide to an ad valorem tax -generating property, responses to all calls for fire suppression services by the fire department, and responses to all calls for emergency medical services, to such extent as the county, state or federal gGVer IIII T Ilent requires the CITY LO provide. The Ic parties egret that emergency' Icy medical services shall be limited to first responder services. The activities and services authorized for reimbursement shall only be those which have occurred and been rendered on or, after July 1, 2003, and which are in furtherance of the San Diego Bay tideland trust for the accommodation of commerce, navigation, fisheries and recreation on said trust tidelands for the benefit of all of the people of the State of California. PERIOD This Agreement shall cover services rendered for the three-year period from July 1, 2003 to June 30, 2006; provided, however, either party may terminate this Agreement at the end of a fiscal year by giving the other party notice in writing six (6) months prior to the end of the fiscal year. The parties may extend this Agreement ona year-to-year basis up to three (3) additional years by amendment. CONSIDERATION A. In consideration of the foregoing performance of services by the. CITY, the DISTRICT shall pay to the CITY a sum not to exceed Five Hundred Fifty- Three Thousand Four Hundred Thirty -One Dollars ($553,431) per fiscal year, for a total not -to -exceed amount under this agreement of One Million Six Hundred Sixty Thousand Two Hundred Ninety -Three Dollars ($1,660,293). If during the contract period the CITY's negotiated staffing level and/or negotiated costs for the police and fire departments change, CITY shall give the DISTRICT written notice and furnish documentation satisfactory to DISTRICT to substantiate the changes. The resulting increase or decrease in cost will be taken into consideration when arriving at the annual consideration to be paid commencing with the next fiscal year covered by this Agreement. If .both parties desire to renew the Agreement and costs for the subsequent years are not finalized before the current Agreement expires, the current Agreement may be extended for one year at an annual consideration equal to the most recent year's cost. After negotiations are completed, Agreement amount will be adjusted based on the final negotiated cost. B. Quarterly payments shall initially be based on the contract amount of $553,431. In December of each year, the CITY shall provide the District actual costs for the prior fiscal year to be used as the basis for calculating the annual consideration commencing with the next fiscal year covered by this Agreement. DOCS #37063 Page 2 of 7 P3 C. The CITY shall submit quarterly invoices within thirty (30) days after the end of each quarter. DISTRICT agrees to reimburse the CITY within thirty (30) days of receipt of a properly prepared request for reimbursement. D. Interest — After an agreement has been reached and scheduled payments have not been made according to the agreed upon terms, interest shall be charged at the r ale of ten percent (10.0%) per year or fraction thereof of i the unpaid balance. 4. TYPES OF REIMBURSABLE EXPENSES A. For Police Services, reimbursement shall be based on services provided, such as, responses to calls for service from persons other than CITY's sworn officers; calls for backup service; preventative patrol, which may include taking appropriate action on routine incidents encountered where no arrest occurred and/or no report was made (for example, routine vehicle impounds and traffic stops); opening and closure of parks and security patrol as requested in writing by the DISTRICT; calls by Harbor Police for CITY police assistance; activities of support staff such as investigating, supervising and dispatching; consumption of supplies; storing evidence; expenditures in terms of time, material and overhead in the case of calamities; a reasonable allocation of overhead; and other activities or events which call for the deployment of public safety officers. B. For Fire and Emergency Medical Services reimbursement: shall be based on a reasonable pro rata portion of the direct and overhead costs to operate the fire company which is the primary responder to tideland emergencies. 5. STATEMENT OF ACTUAL EXPENSES Beginning with December 2005 and every third year thereafter, CITY shall provide DISTRICT with a statement of actual costs estimating DISTRICT reimbursements due for services to be provided to the DISTRICT during the.next three fiscal years for purposes of reaching mutual agreement on a contract if applicable. Said statement shall be based on actual costs incurred in providing police, fire and emergency medical services during the previous fiscal year. The estimate for police services shall include but not be limited to the number of calls for service, investigations, reports, arrests, or other particulars on police actions actually performed. The estimates. for police, fire and emergency medical services shall include, but not be limited to, direct labor and other operating costs, details of allocations of actual support staff costs or departmental overhead and general CITY overhead costs based upon reasonable and generally accepted accounting principles. The CITY shall ensure that all data used in said estimates is supported by an audit trail that readily traces to underlying authoritative source documents. DISTRICT POLICE SERVICES The DISTRICT shall maintain its current level of police services within the CITY tideland area and reserves the right to augment those services in the following fiscal year provided written notice is given at least six (6) months prior to the end of the fiscal year. Such augmentation may result in a reduction in the future CITY services that otherwise might have been reimbursable under this Agreement. DRICS #37063 Page 3 of 7 RECORDS At tL of t tic F CITY hat make A. the request the DISTRICT, and upon reasonable notice, the v i 1 shall Blanc available documentation supporting the request for reimbursement. Such documentation shall include but not be limited to time cards, contracts, receipts, original invoices, canceled checks, payroll documentation, calls for service, dispatch records, and other periodic logs maintained by police and fire staff. The DISTRICT shall have the right to make copies or excerpts of pertinent documents. Proof of both incurrence and payment shall be kept on file by the CITY for review by the DISTRICT for a period of three (3) years after the last day of the fiscal year. B. No less often than quarterly, CITY agrees to forward to the DISTRICT copies of any periodic logs, calls for police service, or other reports describing incidents occurring on non -ad valorem tideland properties covered by this Agreement. Where available, exact street addresses should be listed in the logs and calls for service to assure that only actions on non -ad valorem properties are included. Monthly or quarterly statistical reports detailing the number and types of incidents on non -ad valorem tideland properties may be substituted. ASSIGNMENT CITY shall not assign this Agreement or any right or interest hereunder without express prior written consent of DISTRICT, nor shall DISTRICT assign this Agreement or any right or interest hereunder without express prior written consent of CITY:. MISUSE OF DISTRICT REIMBURSEMENTS A. DISTRICT may terminate its entire obligation upon thirty (30) days written notice to CITY if the CITY violates any of the terms of the Agreement. CITY may terminate its entire obligation upon notice to the DISTRICT if the DISTRICT violates any of the terms of the Agreement. Should the DISTRICT and the CITY concur that any reimbursement by the DISTRICT to the CITY was overpaid contrary to the terms of this Agreement, CITY agrees to refund the overpayment to the DISTRICT within ninety (90) calendar days. Likewise, DISTRICT shall be responsible for the payment of services rendered by the CITY up to the date of termination. DISTRICT will pay CITY for all services rendered to the date of termination on a pro-rata basis and 360-day year within thirty (30) days of receipt of invoice. 10. ENTIRE AGREEMENT It is expressly understood and agreed that this Agreement constitutes the entire agreement between the CITY and the DISTRICT for police, fire and emergency medical services and in no event shall the CITY be entitled to any compensation, benefits, reimbursement or ancillary services other than as expressly provided in this Agreement. DOCS #37063 Page 4 of 7 P5 There are no other written or oral understandings between the parties. No modification or amendment to this Agreement shall be valid unless in writing and signed by the parties hereto. 11. HOLD HARMLESS During the course of pe.forma... of duties by the personnel under this Agreement, CITY agrees to indemnify and hold the DISTRICT harmless against and from any and all damages to property or injuries to or death of any person or persons, including employees of the DISTRICT, and shall defend, indemnify and hold harmless the DISTRICT, its officers and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the CITY or any of its officers or employees. B. DISTRICT agrees to indemnify and hold the CITY harmless against and from any and all damages to property or injuries to or death of any person or persons, including employees of the CITY, and sHall defend, indemnify and hold harmless the CITY, its officers and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the DISTRICT or any of its officers or employees, or from dangerous or unsafe conditions on DISTRICT property. 12. INSURANCE A. CITY shall, throughout the duration of this Agreement, maintain commercial general liability and property damage insurance or a self -insured program covering all operations hereunder of CITY, its agents and employees including, but not limited to, premises and automobile, with minimum coverage of Ten Million Dollars ($10,000,000) combined single limits. Evidence of such coverage, in the form of a Certificate of Insurance and Policy Endorsement which names the DISTRICT as Additional Insured shall be submitted to the San Diego Unified Port District, Jeffrey McEntee, CFO/Treasurer, P.O. Box 120488, San Diego, CA 92112-0488. Said policy or policies shall be primary and non-contributory for all purposes and shall include the DISTRICT, its agents, officers and employees as an Additional Insured by Endorsement. CITY shall maintain workers'. compensation insurance in the amounts required by California State law, and Employer's Liability insurance of not less than One Million Dollars ($1,000,000). This policy shall be endorsed to include a waiver of subrogation endorsement. DISTRICT retains the right to make reasonable amendments to the insurance requirements to the extent the risk of exposure has changed with the concurrence of the City. DRCS #37063 Page 5of7 D. The policies described in item A above shall be endorsed to include the DISTRICT, its agents, officers and employees as additional insureds. All coverages under this section shall be effective as of the effective date of this Agreement or provide for a retroactive date of placement that coincides with the effective date of this Agreement. CITY shall furnish to DISTRICT certificates of insurance or proof of a self -funded program for'all policies described above upon execution of this Agreement, and upon renewal of any of these policies. A Certificate of Insurance, in the form acceptable to DISTRICT, and the Additional Insurance Endorsement, shall be kept on file with DISTRICT. Except in the event of cancellation for non-payment of premium, in which case notice shall be ten (10) days, allsuch certificates shall indicate that the insurer must notify DISTRICT in writing at least thirty (30) days in advance of any change in, or cancellation of, coverage. CITY shall also provide written notice to DISTRICT prior to cancellation of, or any change in, the stated coverage of such insurance. The Certificate of Insurance must delineate the name of the insurance company affording coverage and the policy number(s) specifically referenced to each type of insurance, either on the face of the certificate or on an attachment thereto. If an addendum setting forth multiple insurance companies or underwriters is attached to the certificate of insurance, the addendum shall indicate the insurance carrier or underwriter who is the lead carrier and the applicable policy number for the CGL coverage. ATTORNEY'S FEES In the event any suit is commenced to enforce, protect or establish any right or remedy of any of the terms and conditions hereof, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit. 14. NO THIRD PARTY BENEFICIARIES This Agreement is made and entered into for the benefit of DISTRICT and CITY only, and it is not intended for the benefit of any third party or any other person, and no such third party or any other person shall be a third party beneficiary to this Agreement or otherwise have the right to enforce any provisions of this Agreement. 15. CONTRACT ADMINISTRATORS A. The Business & Financial Services Division of the DISTRICT is designated as the DISTRICT's Contract Administrator of this Agreement and shall receive and process all reports and requests for payment. All correspondence shall be sent to the following address: • San Diego Unified Port District Jeffrey B. McEntee, CFO/Treasurer PO Box 120488 San Diego, California 92112-0488 DOGS #37063 Page 6 of 7 P7 B. The Contract Administrator for the CI i r for this Agreement shall be as follows: Marylou Matienzo Finance Director City of National City 1243 National City Boulevard National City, California 91950. The effective date of this Agreement is July 1, 2003. CITY OF NATIONAL CITY SAN DIEGO UNIFIED PORT DISTRICT City Manager - CFO/Treasurer Attest: Approved as to Form: City Clerk Port Attorney Approved as to Form and Legality: City Attorney DOgCS #37063 Page 7 of 7 Municipal Services Agreement - Police and Fire Services, City of National City (11/25/03) STATEMENT OF REIMBURSABLE EXPENSES NATIONAL CITY POLICE AND FIRE SERVICES FISCAL YEARS 2003-04, 2004-05, 2005-06 TABLE OF CONTENTS Page No. Summary - Cost of Services 1 Exhibit A - Detailed Cost of Police Services Exhibit B - Detailed Cost of Fire/Medical Services Exhibit C - Number of Beat Officers Required to Staff Service Demands...... ...... ... 4 Exhibit D - Calls for Service & Total Officer Time Exhibit E - Beat Officer Available Field Time Per Year 2 5 Attachment A Page 1 of 7 P9 SUMMARY CITY OF NATIONAL CITY ESTIMATED VALUE OF POLICE AND FIRE/MEDICAL SERVICES FOR NON -TAX PAYING PROPERTIES ON TIDELANDS FOR THE YEAR ENDING JUNE 30, 2002 Annual Cost for Services FY 03/04 - 05/06 Police Services Police Department Costs (FY 2002) $ 10,690,226 (A) Number of Patrol Officers (FTE) 33 Annual Cost Per Officer $ 323,946 Number of Officers Required (Exhibit C) 1.27 Cost of Police Services $ 411,412 Fire Services Fire operations and administration $ 4,260,581 (8) Number of fire companies Cost Per Engine Company $ 1,420,194 Ratio of Services Allocated To District Tidelands 10.0% Cost of Fire Protection Services $ 142,019 Police and Fire Total Costs: $ 553,431 Department Costs (2002) per financial system Less: Internal Charges Add: 15% City Overhead (A) (B) Per Exhibit A Per Exhibit B Police Fire $ 12,107,845 4,299,057 (2,811,996) 1,394,377 (594,204) 555,728 Total Department Costs $ 10,690,226 $ 4,260,581 Attachment A Page 2 of 7 P10 EXHIBIT A CITY OF NATIONAL CITY ACTUAL TOTAL POLICE DEPARTMENT COSTS FOR THE YEAR ENDING JUNE 30, 2002 T(1TGI 000-100-0000 PART-TIME SALARIES. $ 41,948.39 000-10L0000 FULL-TIME SALARIES - $ 5,554,839.45 000-102-0000 OVERTIME $ 422,645.55 000-105-0000 LONGEVITY - $ 9,928.55 000-107-0000 EDUCATIONAL INCENTIVE PAY $ 28,859.16 000-110-0000 AUTO/UNIFORM ALLOWANCE - $ 45,362.90 000-120-0000 DIFFERENTIAL PAY $ 49,894.28, 000-140.0000. WORKERS' COMPENSATION $ 547,366.23 000-150-0000 HEALTH INSURANCE $ 440,008.94 000-151-0000 LTD INSURANCE $ 21,291,93 000-160-0000 RETIREMENT PLAN CHARGES $ 704,018.65 000-161-0000 MEDICARE . $ 74,586.67 000-199-0000 PERSONNEL COMPENSATION $ 132,365.88 000-205-0000 MEDICAL SERVICES . $ 36,581.92 000-209-0000 LEGAL SERVICES - $ 384.00 000-211-0000 LAUNDRY & CLEANING SERVICES . $ 3,648.81 000-217-0000 INVESTIGATIVE. SERVICES - $ 10,945.12 000-222-0000 MEMBERSHIPS & SUBSCRIPTIONS $ 6,161.73 000-226-0000 TRAINING 3 34,611.60 000-230-0000 PRINTING & BINDING $ `7,939.10 000-250-0000 POSTAGE 5 343.68 • 000-258-0000 TRAVEL & SUBSISTENCE _ $ 54,191.47 000-259-0000 K-9 CARE AND SUPPLIES - $ 3,389.58 000-261-0000 EMERGENCY ANIMAL TREATMENT $ 1,577.15 000-268-0000 RENTALS &LEASES - - - - $ . 42,260.24 000-269-0000 FACILITY LEASE $ 489,475.57 000-281-0000 R & M - OFFICE EQUIPMENT $ 1,504.19 000-287-0000 R & M - COMMUNICATIONS EQUIPT. $ 24,358.33., 000-291-0000 R & M - AUDIO VISUAL EQUIPT. $ - 636.43 000-297-0000. BOOKING FEES $ ' 238,546.00 000-299-0000 CONTRACT SERVICES $ 97,034.58. 000-301-0000 OFFICE SUPPLIES . .. 5 _ 10,775.70. 000-302-0000 PERIODICALS & NEWSPAPERS ' $ 171.60 000-304-0000 BOOKS - - $ ' 4,867.73 000-305-0000 MEDICAL SUPPLIES - - $ 963.67 000-306-0000 COMPUTER SUPPLIES $ 11,568.09 000-309-0000 PHOTOGRAPHIC SUPPLIES - _ $ 18,019,10 000-316-0000 AMMUNITION $ 45,406.15 000-318-0000 WEARING APPAREL $ 18,493.06 000-319-0000 UNIFORM ACCESSORIES $ 3,478.52 000-325-0000 ELECTRICAL MATERIALS - $ 1,209.64 000-342-0000 COMMUNICATION MATERIALS $ 5,153.32 000-353-0000 PATROL/CRIME LAB/PROP.SUPPLIES $ 25,229.37 000-399-0000 MATERIALS & SUPPLIES $ 17,012.28 000-515-0000 COMMUNICATIONS EQUIPMENT $ 2,991.72 000-518-0000 PUBLIC SAFETY EQUIPMENT - 5 3,873.91 _-000.599-0000 OTHER FIXED ASSETS $ (70.88) 000-730-0000 GENERAL SERVICES CHARGES _ $ 44,352.00 000-740-0000 BUILDING SERVICES CHARGES $ 888,732.00 000-745-0000 PERS. ADMIN. CHARGES , $ ' 91,956.00 000-750-0000 VEHICLE SERVICES CHARGES $ 580,092.00 000-755-0000 INFO. SYSTEMS MAINT. CHARGE $ 308,388.00 000-765-0000 OFFICE EQUIP. DEPRECIATION. CHARGE $ 126,684.00 000-770-0000 PERSONNEL COMPENSATION CHARGES $ 94,188.00 000-775-0000 TELECOMMUNICATIONS CHARGES - $ 118,668.00 000-780-0000 GENERAL ACCOUNTING SERVICES CHARGES $ _ 125,340.00 000.785.0000 UNEMPLOYMENT INSURANCE CHARGES $ 14,460.00 000-790-0000 INSURANCE CHARGES $ 419,136.00 GRAND TOTAL $ 12,107,845.06 Less: INTERNAL CHARGES (700-object) $ (2,811,996.00)., Add: OVERHEAD RATE (15%) 1,394,377 TOTAL CONTRACT EXPENSES $ 10,690,226.42 Attachment A Page 3 of 7 P11 EXHIBIT B CITY OF NATIONAL CITY ACTUAL TOTAL FIRE DEPARTMENT COSTS FOR THE YEAR ENDING JUNE 30, 2002 TOTAL 125-101-0000 FULL-TIME SALARIES $ 2,412,768.42 125-102-0000 OVERTIME $ 255,610.26 125-105-0000 LONGEVITY $ 1,753.78 125-110-0000 AUTO/UNIFORM ALLOWANCE $ 8,000.00 125-120-0000 DIFFERENTIAL PAY $ 96,250.10 125-140-0000 WORKERS' COMPENSATION $ 202,248.80 125-150-0000 HEALTH INSURANCE $ 192,196.20 125-151-0000 LTD INSURANCE $ 17,404.17 125-160-0000 RETIREMENT PLAN CHARGES $ 233,346.30 125-161-0000 MEDICARE $ 23,990.48 125-199-0000 PERSONNEL COMPENSATION $ 56,325.90 125-205-0000 MEDICAL SERVICES $ . 5,712.00 125-211-0000. LAUNDRY & CLEANING SERVICES. $ 1,048.12 125-222-0000 MEMBERSHIPS & SUBSCRIPTIONS $ 1,786.36 125-226-0000 TRAINING " $ 9,361.87 125-230-0000 PRINTING & BINDING $ 2,673.06 125-258-0000 TRAVEL & SUBSISTENCE $ 7,951.01 125-268-0000 RENTALS &LEASES $ 7,976.01 125-283-0000 R & M - FIRE EQUIPMENT $ 5,141.86 125-287-0000 R & M - COMMUNICATIONS EQUIPT. 125-291-0000 R & M - AUDIO VISUAL EQUIPT. 125-299-0000 CONTRACT SERVICES 125-301-0000 OFFICE SUPPLIES 125-303-0000 JANITORIAL SUPPLIES 125-304-0000 BOOKS 125-305-0000 MEDICAL SUPPLIES 125-306-0000 COMPUTER SUPPLIES 125-309-0000 PHOTOGRAPHIC SUPPLIES 125-318-0000 WEARING APPAREL 125-319-0000 UNIFORM ACCESSORIES 125-327-0000 BUILDING MATERIALS 125-337-0000 SMALL TOOLS 125-342-0000 COMMUNICATION MATERIALS 125-399-0000 MATERIALS & SUPPLIES 125-505-0000 TRAINING EQUIPMENT 125-515-0000 COMMUNICATIONS EQUIPMENT 125-521-0000 FIRE FIGHTING ACCESSORIES 125-730-0000 GENERAL SERVICES CHARGES 125-740-0000 BUILDING SERVICES CHARGES 125-745-0000 PERS. ADMIN. CHARGES 125-750-0000 VEHICLE SERVICES CHARGES 125-755-0000 INFO. SYSTEMS MAINT. CHARGE 125-765-0000 OFFICE EQUIP. DEPRECIATION CHARGE 125-770-0000 PERSONNEL: COMPENSATION CHARGES 125-775-0000 TELECOMMUNICATIONS CHARGES 125-780-0000 GENERAL ACCOUNTING SERVICES CHARGES 125-785-0000 UNEMPLOYMENT INSURANCE CHARGES 125-790-0000 INSURANCE CHARGES GRAND TOTAL Less: INTERNAL CHARGES (700-object) Add: OVERHEAD RATE (15%) TOTAL CONTRACT EXPENSES Attachment A Page 4 of 7 $ 3,870.85 $ 142.76. $ 117,119.48 $ 2,227.64 $ 2,504.79 $ 1,001.95 $ 1,274.62 $ 877.01 $ 415.01 $ 8,879.81 $ 188.67 $ 5,417.98 $ 159.47 $ 765.49 $ 3,135.84 $ 5,060.16 $ 7,039.60 $ 3,227.11 $ 16,668.00 $ 160,212.00 $ 34,860.00 $ 228,156.00 $ 15,240.00 $ 16,812.00 $ 35,712.00 $ 13,428.00 $ 48,348.00 $ 5,496.00 $ 19,272.00 $ 4,299,056.94 $ (594,204.00) 555,728 5 4,260,580.68 P12 EXHIBIT C CITY OF NATIONAL CITY NUMBER OF BEAT OFFICERS REQUIRED TO STAFF SERVICE DEMAND FOR TIDELANDS NON -TAX PAYING AREAS Description Reference Amount FY 2001-2002 calls for service (CFS) in minutes Exhibit D 13,801 CFS converted to hours 13,801/60 min per hour 230 FY 2001-2002 preventive patrol (PP) 1.5 hours/patrol x 3 patrols/day (negotiated formula) 1.5 x 3 x 365 days 1,643 Total beat officer hours, PP + CFS (230 1,643) 1,873 Available beat officer hours per year, per officer Exhibit E 1,471 Number of officers required (FTE) for PP + CFS (1,873 / 1,471) 1.27 Attachment A Page 5 of 7 P13 EXHIBIT D CITY OF NATIONAL CITY CALLS FOR SERVICE & TOTAL OFFICER TIME FOR TIDELANDS AREA FOR THE FISCAL YEAR 2001-2002 Total Number Total Officer Month of Calls Time (Minutes) July-01 20 933 August-01 32 1,109 September-01 23 984 October-01 23 1,520 November-01 18 2,308 December-01 15 557. January-02 30 1,600 February-02 23 1,905 March-02 16 540 April-02 16 782 May-02 20 515 June-02 24 1,048 Total 260 13,801 Attachment A Page 6 of 7 P14 EXHIBIT E CITY OF NATIONAL CITY BEAT OFFICER AVAILABLE FIELD TIME PER YEAR Description Gross workdays per year: Number of workweeks per year Number of workdays per workweek Gross workdays per year Reference Amount (52 x 4) 52 4 208 Leave days per year: Vacation 23 Sick leave 12 Total leave days per year 35 Available field days per year Number of field hours per day: Gross work hours Rest period Briefing Net field hours per day Net available field hours per year Attachement A Page 7 of 7 (208 - 35) 173 (10-1-0.5) 10 1 0.5 8.5 (173 x 8.5) 1,471 P15 THREE-YEAR AGREEMENT FOR POLICE, FIRE AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF NATIONAL CITY AND THE SAN DIEGO UNIFIED PORT DISTRICT The parties to•this Agreement are the CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "CITY," and the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter called "DISTRICT." RECITALS WHEREAS, the DISTRICT desires to contract for the provision of police, fire and emergency medical services to the non -ad valorem taxpaying properties located on the CITY's tidelands, and; WHEREAS, the CITY has the capacity to provide police, fire and emergency medical services to said DISTRICT properties, and; WHEREAS, the DISTRICT has an obligation to adhere to a principle of reimbursement for services provided to non -ad valorem tidelands wherein the cost bears a direct relationship to the services provided, the reimbursement is substantiated by an auditable record, and for which the reimbursement is reasonable and falls with the trust purposes of the DISTRICT, and; WHEREAS, the DISTRICT may authorize the disbursement of money for specified and approved categories of reimbursement to the CITY providing such services are based upon records Lent in the normal course of CITY ✓u,ineJJ; - NOW, THEREFORE, the parties agree: SERVICES TO BE PROVIDED A. This Agreement covers reimbursement of the cost of police, fire and emergency medical services to be provided by the CITY upon the DISTRICT's filled tidelands and property within CITY'S limits, which do not generate ad valorem tax revenues. Those properties include but are not limited to non -dedicated streets, parks and other open space; unleased developed properties; and unleased vacant land. Nothing herein contained shall give CITY the right to use or occupy any DISTRICT real or personal property, or to otherwise use the services of the DISTRICT or its employees. B. CITY shall provide police, fire and emergency medical services as contained in the Statement of Reimbursable Expenses of this Agreement, attached hereto as Attachment A and incorporated by reference as though fully set forth herein. Only expenditures authorized herein shall be eligible for reimbursement, unless approved in writing by the DISTRICT. For Police Services, the CITY shall provide services to the same extent and in the same manner as such member city actually provides or may be required by law to provide to an ad valorem tax -generating property. DISTRICT and CITY shall, to the extent practicable, meet and confer as needed to discuss deployment of resources cooperatively in an effort to avoid duplication of services. DA S #37063 Page 1 of 7 D. For Fire and Emergency Medical Services, the CITY shall provide, to the same extent and in the same manner as such member city actually provides or may be required by law to provide to an ad valorem tax -generating property, responses to all calls for fire suppression services by the fire department, and responses to all calls for emergency medical services, to such extent as the county, state or federal government requires the CITY to provide. The parties agree that emergency medical services shall be limited to first responder services. _. The activities and services authorized for reimbursement shall only be those which have occurred and been rendered on or, after July 1, 2003, and which are in furtherance of the San Diego Bay tideland trust for the accommodation of commerce, navigation, fisheries and recreation on said trust tidelands for the benefit of all of the people of the State of California. 2. PERIOD This Agreement shall cover services rendered for the three-year period from July 1, 2003 to June 30, 2006; provided, however, either party may terminate this Agreement at the end of a fiscal year by giving the other party notice in writing six (6) months prior to the end of the fiscal year. The parties may extend this Agreement on a year-to-year basis up to three (3) additional years by amendment. CONSIDERATION A. In consideration of the foregoing performance of services by the CITY, the DISTRICT shall pay to the CITY a sum not to exceed Five Hundred Fifty- Three Thousand Four Hundred Thirty -One Dollars ($553,431) per fiscal year, for a total not -to -exceed amount under this agreement of One Million Six Hundred Sixty Thousand Two Hundred Ninety -Three Dollars. ($1,660,293).If during the contract period the CITY's negotiated staffing level and/or negotiated costs for the police and fire departments change, CITY shall give the DISTRICT written notice and furnish documentation satisfactory to :DISTRICT to substantiate the changes. The resulting increase or decrease in cost will be taken into consideration when arriving at the annual consideration to be paid commencing with the next fiscal year covered by this Agreement. If both parties desire to renew the Agreement and costs for the subsequent years are not finalized before the current Agreement expires, the current Agreement may be extended for one year at an annual consideration equal to the most recent year's cost. After negotiations are completed, Agreement amount will be adjusted based on the final negotiated cost. B. Quarterly payments shall initially be based on the contract amount of $553,431. In December of each year, the CITY shall provide the District actual costs for the prior fiscal year to be used as the basis for calculating the annual consideration commencing with the next fiscal year covered by this Agreement. DOCS #37063 Page 2 of 7 P17 C. The CITY shall submit quarterly invoices within thirty (30) days after the end of each quarter. DISTRICT agrees to reimburse the CITY within thirty (30) days of reimburse � the CITY 111 V receipt of a properly prepared request for reimbursement. D. Interest — After an agreement has been reached and scheduled payments have not been made according to the agreed upon terms, interest shall be charged at i t. fr. 0 fraction .cl.__._ r the id the talc of ten pciC.eln. (�U.0 /0) per year or IIa. OJf LIICIC171 on LIIC unpaid balance. TYPES OF REIMBURSABLE EXPENSES A. For Police Services, reimbursement shall be based on services provided, such as, responses to calls for service from persons other than CITY's sworn officers; calls for backup service; preventative patrol, which may include taking appropriate action on routine incidents encountered where no arrest occurred and/or no report was made (for example, routine vehicle impounds and traffic stops); opening and closure of parks and security patrol as requested in writing by the DISTRICT; calls by Harbor Police for CITY police assistance; activities of support staff such as investigating, supervising and dispatching; consumption of supplies; storing evidence; expenditures in terms of time, material and overhead in the case of calamities; a reasonable allocation of overhead; and other activities or events which call for the deployment of public safety officers. For Fire and Emergency Medical Services, reimbursement shall be based on a reasonable pro rata portion of the direct and overhead costs to operate the fire company which is the primary responder #o tideland emergencies. 5. STATEMENT OF ACTUAL EXPENSES Beginning with December 2005 and every third year thereafter, CITY shall provide DISTRICT with a statement of actual costs estimating DISTRICT reimbursements due for services to be provided to the DISTRICT during the _next three fiscal years for purposes of reaching mutual agreement on a contract if applicable. Said statement shall be based on actual costs incurred in providing police, fire and emergency medical services during the previous fiscal year. The estimate for police services shall include but not be limited to the number of calls for service, investigations, reports, arrests, or other particulars on police actions actually performed. The estimates for police, fire and emergency medical services shall include, but not be limited to, direct labor and other operating costs, details of allocations of actual support staff costs or departmental overhead and general CITY overhead costs based upon reasonable and generally accepted accounting principles. The CITY shall ensure that all data used in said estimates is supported by an audit trail that readily traces to underlying authoritative source documents. DISTRICT POLICE SERVICES The DISTRICT shall maintain its current level of police services within the CITY tideland area and reserves the right to augment those services in the following fiscal year provided written notice is given at least six (6) months prior to the end of the fiscal year. Such augmentation may result in a reduction in the future CITY services that otherwise might have been reimbursable under this Agreement. DtS #37063 Page 3 of 7 7. RECORDS A. At the request of the DISTRICT, and upon reasonable notice, the CITY shall make available documentation supporting the request for reimbursement. Such documentation shall include but not be limited to time cards, contracts, receipts, original invoices, canceled checks, payroll documentation, calls for service, dispatch records, and other periodic logs maintained by police and fire staff. The DISTRICT shall have the right to make copies or excerpts of pertinent documents. Proof of both incurrence and payment shall be kept on file by the CITY for review by the DISTRICT for a periodof three (3) years after the last day of the fiscal year. B. No less often than quarterly, CITY agrees to forward to the DISTRICT copiesof any periodic logs, calls for police service, or other reports describing incidents occurring on non -ad .valorem tideland properties covered by this Agreement. Where available, exact street addresses should be. listed in the logs and calls for service to assure that only actions on non -ad valorem properties are included. Monthly or quarterly statistical reports detailing the number and types of incidents on non -ad valorem tideland properties may be substituted. ASSIGNMENT CITY shall not assign this Agreement or any right or interest hereunder without express prior written consent of DISTRICT, nor shall DISTRICT assign this Agreementor any right or interest hereunder without express prior written consent of CITY.. MISUSE OF DISTRICT REIMBURSEMENTS A. DISTRICT may terminate its entire obligation upon thirty (30) dayswritten notice to CITY if the CITY violates any of the terms of the Agreement. CITY may terminate its entire obligation upon notice to the DISTRICT if the DISTRICT violates any of the terms of the Agreement. B. Should the DISTRICT and the CITY concur that any reimbursement by the DISTRICT to the CITY was overpaid contrary to the terms of this Agreement, CITY agrees to refund the overpayment to the DISTRICT within ninety (90) calendar days. Likewise, DISTRICT shall be responsible for the payment of services rendered by the CITY up to the date of termination. DISTRICT will pay CITY for all services rendered to thedate of termination on a pro-rata basis and 360-day year within thirty (30) days of receipt of invoice. 10. ENTIRE AGREEMENT It is expressly understood and agreed that this Agreement constitutes the entire agreement between the CITY and the DISTRICT for police, fire and emergency medical services and in no event shall the CITY be entitled to any compensation, benefits, reimbursement or ancillary services. other than as expressly provided in this Agreement. DOCS #37063 Page 4 of 7 P19 There are no other written or oral understandings between the parties. No modification or amendment to this Agreement shall be valid unless in writing and signed by the parties hereto. 11. HOLD HARMLESS During the course of performance of duties by the personnel under this Agreement, CITY agrees to indemnify and hold the DISTRICT harmless against and from ,any and all damages to property or injuries to or death of any person or persons, including employees of the DISTRICT, and shall defend, indemnify and hold harmless the DISTRICT, its officers and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the CITY or any of its officers or employees. DISTRICT agrees to indemnify and hold the CITY harmless against and from any. and all damages to property or injuries to or death of any person or persons, including employees of the CITY, and shall defend, indemnify and hold harmless the CITY, its officers and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the DISTRICT or any of its officers or employees, or from dangerous or unsafe conditions on DISTRICT property. 12. INSURANCE A. CITY shall, throughout the duration of this Agreement, maintain commercial general liability and property damage insurance or a self -insured program covering all operations hereunder of CITY, its agents and employees including, but not limited to, premises and automobile, with minimum coverage of Ten Million Dollars ($10,000,000) combined single limits. Evidence of such coverage, in the form of. a Certificate of Insurance and Policy Endorsement which names the DISTRICT as Additional Insured shall be submitted to the San Diego Unified Port District, Jeffrey McEntee, CFO/Treasurer, P.O. Box 120488, San Diego, CA 92112.-0488. Said policy or policies shall be primary and non-contributory for all purposes and shall include the DISTRICT, its agents, officers and employees as an Additional Insured by Endorsement. B. CITY shall maintain workers' compensation insurance in the amounts required by California State law, and Employer's Liability insurance of not less than One Million Dollars ($1,000,000). This policy shall be endorsed to include a waiver of subrogation endorsement. C. DISTRICT retains the right to make reasonable amendments to theinsurance requirements to the extent the risk of exposure has changed with the concurrence of the City. DD&S #37063 Page 5 of 7 The policies, described in item A above shall be endorsed to include the DISTRICT, its agents, officers and employees as additional insureds. All coverages under this section shall be effective as of the effective date of this Agreement or provide for a retroactive date of placement that coincides with the effective date of this Agreement. CITY shall furnish to DISTRICT certificates of insurance or proof of aself-funded program for all policies described above upon executionof this Agreement, and upon renewal of any of these policies. A Certificate of Insurance, in the form acceptable to DISTRICT, and the Additional Insurance Endorsement, shall be kept on file with DISTRICT. Except in the event of cancellation for non-payment of premium, in which case notice shall be ten (10) days, all such certificates shall indicate that the insurer must notify DISTRICT in writing at least thirty (30) days in advance of any change in, or cancellation of, coverage. CITY shall also provide written notice to DISTRICT prior to cancellation of, or any change in, the stated coverage of such insurance. The Certificate of Insurance must delineate the name of the insurance company affording coverage and the policy number(s) specifically referenced to each type of insurance, either on the face of the certificate or on an attachment thereto. If an addendum setting forth multiple insurance companies or underwriters is attached to the certificate of insurance, the addendum shall indicate the insurance carrier or underwriter who is the lead carrier and the applicable policy number for the CGL coverage. I n T ORI,`1Lv'Q FEES In the event any suit is commenced to enforce, protect or establish any right or remedy of any of the terms and conditions hereof, the prevailing party shall be entitled to .have and recover from the losing party reasonable attorney's fees and costs of suit: 14. NO THIRD PARTY BENEFICIARIES This Agreement is made and entered into for the benefit of DISTRICT and CITY only, and it is not intended for the benefit of any third party or any other person, and no such third party or any other person shall be a third party beneficiary to this Agreement or otherwise have the right to enforce any provisions of this Agreement. 15. CONTRACT ADMINISTRATORS A. The Business & Financial Services Division of the DISTRICT is designated as the DISTRICT's Contract Administrator of this Agreement and shall receive and process all reports and requests for payment. All correspondence shall be sent to the following address: San Diego Unified Port District Jeffrey B. McEntee, CFO/Treasurer PO Box 120488 San Diego, California 92112-0488 DOCS #37063 Page 6 of 7 P21 B. The Contract Administrator for the CITY for this Agreement shall be as follows: Marylou Matienzo Finance Director City of National City 1243 National City Boulevard National City, California .91950 The effective date of this Agreement is July 1, 2003. CITY OF NATIONAL CITY SAN DIEGO UNIFIED PORT DISTRICT City Manager CFO/Treasurer Attest: Approved as to Form: City Clerk Approved as to Form and Legality: City Attorney Port Attorney D9S #37063 Page 7 of 7 Municipal Services Agreement - Police and Fire Services, City of National City (11/25/03) STATEMENT OF REIMBURSABLE EXPENSES NATIONAL CITY POLICE AND FIRE SERVICES FISCAL YEARS 2003-04, 2004-05, 2005-06 TABLE OF CONTENTS Page No. Summary - Cost of Services 1 Exhibit A - Detailed Cost of Police Services 2 Exhibit B - Detailed Cost of Fire/Medical Services Exhibit C - Number of Beat Officers Required to Staff Service Demands.....: Exhibit D - Calls for Service & Total Officer Time Exhibit E - Beat Officer Available Field Time Per Year Attachment A Page 1 of 7 P23 SUMMARY CITY OF NATIONAL CITY ESTIMATED VALUE OF POLICE AND FIRE/MEDICAL SERVICES FOR NON -TAX PAYING PROPERTIES ON TIDELANDS FOR THE YEAR ENDING JUNE 30, 2002 Annual Cost for Services FY 03/04 05/06 Police Services Police Department Costs (FY 2002) Number of Patrol Officers (FTE) Annual Cost Per Officer Number of Officers Required (Exhibit C) Cost of Police Services Fire Services Fire operations and administration Number of fire companies Cost Per Engine Company Ratio of Services Allocated To District Tidelands Cost of Fire Protection Services Police and Fire Total Costs: 10,690,226 (A) 33 323,946 1.27 41.1,412 4,260,581 (B) 1,420,194 10.0% $ 142,019 553,431 Department. Costs (2002) per financial system Less: Internal Charges Add: 15% City Overhead (A) (B) Per Exhibit A Per Exhibit B Police Fire $ 12,107,845 4,299,057 (2,811,996) 1,394,377 (594,204) 555,728 Total Department Costs $ 10,690,226 $ 4,260,581 P24 Attachment A Page 2 of 7 EXHIBIT A CITY OF NATIONAL CITY ACTUAL TOTAL POLICE DEPARTMENT COSTS FOR THE YEAR ENDING JUNE 30, 2002 TOTAL 000-100-0000 PART-TIME SALARIES $ 41,948.39 000-101-0000 FULL-TIME SALARIES $ 5,554,839.45 000-102-0000. OVERTIME $ 422,645.55 ' 000-105-0000 LONGEVITY $ 9,928.55 000-107-0000 EDUCATIONAL INCENTIVE PAY $ 28,859,16 000-110-0000 AUTO/UNIFORM ALLOWANCE - $ 45,362.90 000-120-0000 DIFFERENTIAL PAY $. 49,894.28 - 000-140-0000 WORKERS' COMPENSATION. $ 547,366.23 000-150-0000 HEALTH INSURANCE - - $ 440,008.94 000-151-0000 LTD INSURANCE .$ 21,291.93 000-160-0000 RETIREMENT PLAN CHARGES - $ 704,018.65. 000-161-0000 MEDICARE $ 74,586.67 000-199-0000 PERSONNEL COMPENSATION - $ 132,365.88 000-205-0000 MEDICAL SERVICES - - $ 36,581.92 000-209-0000 LEGAL SERVICES - - - $ 364.00 000-211-0000 LAUNDRY & CLEANING SERVICES $ 3,648.81 000-217-0000 INVESTIGATIVE SERVICES . $ 10,945.12 000-222-0000 MEMBERSHIPS & SUBSCRIPTIONS $ 6,161.73 000-226-0000 TRAINING $ 34,611.60 000-230-0000 PRINTING & BINDING $ 7,939.10 000-250-0000. POSTAGE - $ - 343.68 0• 00-258-0000 TRAVEL & SUBSISTENCE $ 54,191 47 000-259-0000 K-9 CARE AND SUPPLIES - $ 3,389.58 000-261-0000 EMERGENCY ANIMAL TREATMENT $ 1,577.15 000-268-0000 RENTALS &LEASES - $ 42,260.24 000-269-0000 FACILITY LEASE - $ 489,475.57 000-281-0000 R & M - OFFICE EQUIPMENT $ 1,504.19 000-287-0000 R & M - COMMUNICATIONS EQUIPT. $ 24,358.33 000-291-0000 R& M-AUDIO VISUAL EQUIPT - - $ - 636.43 000-297-0000 BOOKING FEES - $ 238,546.00 000-299-D000 CONTRACT SERVICES $ 97,034.58- 000-301-0000 OFFICE SUPPLIES $ 10,775.70 000-302-0000 PERIODICALS & NEWSPAPERS - $ 171.60 000-304-0000 BOOKS - - - $ 4,867.73 000-305-0000 MEDICAL SUPPLIES $ 963.67 000-306-0000 COMPUTER SUPPLIES _ - .. $ 11,568.09 000-309-0000 PHOTOGRAPHIC SUPPLIES $ 18,019.10 000-316-0000 AMMUNITION $ 45,406.15 000-318-0000 WEARING APPAREL $ 18,493.06 000-319-0000 UNIFORM ACCESSORIES $ 3,478.52 000-325-0000 . ELECTRICAL MATERIALS $ , 1,209.64 000-342-0000 COMMUNICATION MATERIALS - $ 5,153.32 000-353-0000 PATROL/CRIME LAB/PROP.SUPPLIES $ 25,229.37 000-399-0000 MATERIALS & SUPPLIES $ 17,012.28 000-515-0000 COMMUNICATIONS EQUIPMENT $ 2,991.72 000-518-0000 PUBLIC SAFETY EQUIPMENT $ 3,873.91 000-599-0000 OTHER FIXED ASSETS $ 70.88) 000-'30.0000 GENERAL SERVICES CHARGES $ - 44,352.00 000-740-0000 BUILDING SERVICES CHARGES $ 888,732.00 000-745-0000 PERS. ADMIN. CHARGES $ 91,956.00 • 000-750-0000 VEHICLE SERVICES CHARGES $ 580,092.00 000-755-0000 INFO. SYSTEMS MAINT. CHARGE $ 308,388.00 000-765-0000 OFFICE EQUIP. DEPRECIATION CHARGE $ 126,684.00 000-770-0000 PERSONNEL COMPENSATION CHARGES $ 94,188.00 000-775-0000 TELECOMMUNICATIONS CHARGES $ 118,668.00 000-780-0000 GENERAL ACCOUNTING SERVICES CHARGES - 3 125,340.00 - 000-785-0000 UNEMPLOYMENT INSURANCE CHARGES $ 14,460.00 000-790-0000 INSURANCE CHARGES - $ 419,136.00. GRAND TOTAL $ 12,107,845.06 Less: INTERNAL CHARGES (700-object) $ (2,811,996.00) Add: OVERHEAD RATE (15%) - 1,394,377 TOTAL CONTRACT EXPENSES - - $ 10,690,226.42 Attachment A Page3of7 • P25 EXHIBIT B CITY OF NATIONAL CITY ACTUAL TOTAL FIRE DEPARTMENT COSTS FOR THE YEAR ENDING JUNE 30, 2002 TOTAL 125-101-0000 FULL-TIME SALARIES $ 2,412,768.42 125-102-0000 OVERTIME $ 255,610.26 125-105-0000 LONGEVITY $ 1,753.78 125-110-0000 AUTO/UNIFORM ALLOWANCE• $ 8,000.00 125-120-0000 DIFFERENTIAL PAY $ 96,250.10 125-140-0000 WORKERS' COMPENSATION $ 202,248.80 125-150-0000 HEALTH INSURANCE $ 192,196.20 125-151-0000 LTD INSURANCE $ 17,404.17 125-160-0000 RETIREMENT PLAN CHARGES $ 233,346.30 125-161-0000 MEDICARE $ 23,990.48 125-199-0000 PERSONNEL COMPENSATION $ 56,325.90 125-205-0000 MEDICAL SERVICES $ 5,712.00 125-211-0000 LAUNDRY &CLEANING SERVICES $ 1,048.12 125-222-0000 MEMBERSHIPS & SUBSCRIPTIONS $ 1,786.36 125-226-0000 TRAINING $ 9,361.87 125-230-0000 PRINTING & BINDING $ 2,673.06 125-258-0000 TRAVEL & SUBSISTENCE $ 7,951.01 125-268-0000 RENTALS &LEASES $ 7,976.01 125-283-0000 R & M - FIRE EQUIPMENT $ 5,141.86 125-287-0000 R & M - COMMUNICATIONS EQUIPT. $ 3,870.85 125-291-0000 R & M -AUDIOVISUAL EQUIPT. $ 142.76 125-299-0000 CONTRACT SERVICES $ 117,119.48 125-301-0000 OFFICE SUPPLIES $ 2,227.64 125-303-0000 JANITORIAL SUPPLIES $ 2,504.79 125-304-0000 BOOKS $ 1,001.95 125-305-0000 MEDICAL SUPPLIES $ 1,274.62 125-306-0000 COMPUTER SUPPLIES $ 877.01 125-309-0000 PHOTOGRAPHIC SUPPLIES $ 415.01 125-318-0000 WEARING APPAREL $ 8,879.81 125-319-0000 UNIFORM ACCESSORIES $ 188.67 125-327-0000 BUILDING MATERIALS $ 5,417.98 125-337-0000 SMALL TOOLS $ 159.47 125-342-0000 COMMUNICATION MATERIALS $ 765.49 125-399-0000 MATERIALS & SUPPLIES $ 3,135.84 125-505-0000 TRAINING EQUIPMENT $ 5,060.16 125-515-0000 COMMUNICATIONS EQUIPMENT $ , 7,039.60 125-521-0000 FIRE FIGHTING ACCESSORIES $ 3,227.11 125-730-0000 GENERAL SERVICES CHARGES $ 16,668.00 125-740-0000 BUILDING SERVICES CHARGES $ 160,212.00 125-745-0000 PERS. ADMIN. CHARGES $ 34,860.00 125-750-0000 VEHICLE SERVICES CHARGES 5 228.156.00 125-755-0000 INFO. SYSTEMS MAINT. CHARGE $ 15,240.00 125-765-0000 OFFICE EQUIP. DEPRECIATION CHARGE $ 16,812.00 125-770-0000 PERSONNEL COMPENSATION CHARGES $ 35,712.00 125-775-0000 TELECOMMUNICATIONS CHARGES , $ 13,428.00 125-780-0000 GENERAL ACCOUNTING SERVICES CHARGES $ 48,348.00 125-785-0000 UNEMPLOYMENT INSURANCE CHARGES $ 5,496.00 125-790-0000 INSURANCE CHARGES $ 19,272.00 GRAND TOTAL $ 4,299,056.94 Less: INTERNAL CHARGES (700-object) $ (594,204.00) Add: OVERHEAD RATE (15%) 555,728 TOTAL CONTRACT EXPENSES $ 4,260,580.88 Attachment A Page 4 of 7 P26 EXHIBIT C CITY OF NATIONAL CITY NUMBER OF BEAT OFFICERS REQUIRED TO STAFF SERVICE DEMAND FOR TIDELANDS NON -TAX PAYING AREAS Description FY 2001-2002 calls for service (CFS) in minutes CFS converted to hours FY 2001-2002 preventive patrol (PP) 1.5 hours/patrol x.3 patrols/day (negotiated formula) Total beat officer hours, PP + CFS Available beat officer hours per year, per officer Number of officers required (FTE) for. PP + CFS Reference Amount Exhibit D 13,801 13,801/60 min per hour 230 ' Attachment A Page 5 of 7 1.5x3x365days 1,643 (230+1,643) Exhibit E (1,873 / 1,471) 1,873 1,471 1.27 P27 EXHIBIT D CITY OF NATIONAL CITY CALLS FOR SERVICE & TOTAL OFFICER TIME FOR TIDELANDS AREA FOR THE FISCAL YEAR 2001-2002 Month Total Number of Calls Total Officer Time (Minutes) July-01 20 933 August-01 32 1,109 September-01 23 984 October-01 23 1,520 November-01 18 2,308 December-01 15 557 January-02 30 1,600 February-02 23 1,905 March-02 16 • 540 April-02 16 782 May-02 20 515 June-02 24 1,048 Total 260 13,801 Attachment A Page 6 of 7 P28 EXHIBIT E CITY OF NATIONAL CITY BEAT OFFICER AVAILABLE FIELD TIME PER YEAR Description Gross workdays per year: Number of workweeks per year Number of workdays per workweek Gross workdays per year Reference Amount (52x4). 52 4 208 Leave days per year: Vacation 23 Sick leave 12 Total leave days per year 35 Available field days per year Number of field hours per day: Gross work hours Rest period Briefing Net field hours per day Net available field hours per year Attachement A Page 7 of 7 (208 - 35) 173 (10 - 1 -0.5) (173 x 8.5) 10 1 0.5 8.5 1,471 P29 THREE-YEAR AGREEMENT FOR POLICE, FIRE AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF NATIONAL CITY AND THE SAN DIEGO UNIFIED PORT DISTRICT The parties to this Agreement are the CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "CITY," and the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter called "DISTRICT." RECITALS WHEREAS, the DISTRICT desires to contract for the provision of police, fire and emergency medical services to the non -ad valorem taxpaying properties located on the CITY's tidelands, and; WHEREAS, the CITY has the capacity to provide police, fire and emergency medical services to said DISTRICT properties, and; WHEREAS, the. DISTRICT has an obligation to adhere to a principle of reimbursement for services provided to non -ad valorem tidelands wherein the cost bears a direct relationship to the services provided, the reimbursement is substantiated by an auditable record, and for which the reimbursement is reasonable and falls with the trust purposes of the DISTRICT, and; WHEREAS, the DISTRICT. may authorize the disbursement of money for specified and approved categories of reimbursement to the CITY providing such services are based upon records kept in the normal course of CITY business; NOW, THEREFORE, the parties agree: 1. SERVICES TO BE PROVIDED A. This Agreement covers reimbursement of the cost of police, fire and emergency medical services to be provided by the CITY upon the DISTRICT's filled tidelands and property within CITY'S limits, which do not generate ad valorem tax revenues. Those properties include but are not limited to non -dedicated streets, parks and other open space; unleased developed properties; and unleased vacant land. Nothing herein contained shall give CITY the right to use or occupy any DISTRICT real or personal property, or to otherwise,use the services of the DISTRICT or its employees. B. CITY shall provide police, fire and emergency medical services as contained in the Statement of Reimbursable Expenses of this Agreement, attached hereto as Attachment A and incorporated by reference as though fully set forth herein. Only expenditures authorized herein shall be eligible for reimbursement, unless approved in writing by the DISTRICT. C. For Police Services, the CITY shall provide services to the same extent and in the same manner as such member city actually provides or may be required by law to provide to an ad valorem tax -generating property. DISTRICT and CITY shall, to the extent practicable, meet and confer as needed to discuss deployment of resources cooperatively in an effort to avoid duplication of services. DOOCS #37063 Page 1 of 7 For Fire and Emergency Medical Services, the CITY shall provide, to the same extent and in the same manner as such member city actually provides or may be required by law to provide to an ad valorem tax -generating property, responses to all calls for fire suppression services by the fire department, and responses to all calls for emergency medical services, to such extent as the county, state or federal government requires the CITY to provide. The parties agree that emergency medical services shall be limited to first responder services. The activities and services authorized for reimbursement shall only be those which have occurred and been rendered on or, after July 1, 2003, and which are in furtherance of the San Diego Bay tideland trust for the accommodation of commerce, navigation, fisheries and recreation on said trust tidelands for the benefit of all of the people of the State of California. PERIOD This Agreement shall cover services rendered for the three-year period from July 1, 2003 to June 30, 2006; provided, however, either party may terminate this Agreement at the end of a fiscal year by giving the other party notice in writing six (6) months prior to the end of the fiscal year. The parties may extend this Agreement on a year-to-year basis up to three (3) additional years by amendment. 3. CONSIDERATION A. In consideration of the foregoing performance of services by the CITY, the DISTRICT shall pay to the CITY a sum not to exceed Five Hundred Fifty- Three Thousand Four Hundred Thirty -One Dollars ($553,431) per fiscal year, for a total not -to -exceed amount under this agreement of One Million Six Hundred Sixty Thousand Two Hundred Ninety -Three Dollars ($1,660,293). If during the contract period the CITY's negotiated staffing level and/or negotiated costs for the police and fire departments change, CITY shall give the DISTRICT written notice and furnish documentation satisfactory to DISTRICT to substantiate the changes. The resulting increase or decrease in cost will be taken into consideration when arriving at the annual consideration to be paid commencing with the next fiscal year covered by this Agreement. If both parties desire to renew the Agreement and costs for the subsequent years are not finalized before the current Agreement expires; the current Agreement may be extended for one year at an annual consideration equal to the most recent year's cost. After negotiations are completed, Agreement amount will be adjusted based on the final negotiated cost. B. Quarterly payments shall initially be based on the contract amount of $553,431. In December of each year, the CITY shall provide the District actual costs for the prior fiscal year to be used as the basis for calculating the annual consideration commencing with the next fiscal year covered by this Agreement. DOCS #37063 Page 2 of 7 P31 C. The CITY shall submit quarterly invoices within thirty (30) days after the end of each quarter. DISTRICT agrees to reimburse the CITY within thirty (30) days of receipt of a properly prepared request for reimbursement. D. Interest — After an agreement has been reached and scheduled payments have not been made according to the agreed upon terms, interest shall be charged at the rate of ten percent (10.0%) per year or fraction thereof on the unpaid balance; TYPES OF REIMBURSABLE EXPENSES A. For Police Services, reimbursement shall be based on services provided, such as, responses to calls for service from persons other than CITY's sworn officers; calls for backup service; preventative patrol, which may include taking appropriate action on routine incidents encountered where no arrest occurred and/or no report was made (for example, routine vehicle impounds and traffic stops); opening and closure of parks and security patrol as requested in writing by the DISTRICT; calls by Harbor Police for CITY police assistance; activities of support staff such as investigating, supervising and dispatching; consumption of supplies; storing evidence; expenditures in terms of time, material and overhead in the case of calamities; a reasonable allocation of overhead; and other activities or events which call for the deployment of public safety officers. B. For Fire and Emergency Medical Services, reimbursement shall be based on a reasonable pro rata portion of the direct and overhead costs to operate the fire company which is the primary responder to tideland emergencies. STATEMENT OF ACTUAL EXPENSES Beginning with December 2005 and every third year thereafter, CITY shall provide DISTRICT with a statement of actual costs estimating DISTRICT reimbursements due for services to be provided to the DISTRICT during the next three fiscal years for purposes of reaching mutual agreement on a contract if applicable. Said statement shall be based on actual costs incurred in providing police, fire and emergency medical services during the previous fiscal year. The estimate for police services shall include but not be limited to the number of calls for service, investigations, reports, arrests, or other particulars on police actions actually performed. The estimates for police, fire and emergency medical services shall include, but not be limited to, direct labor and other operating costs, details of allocations of actual support staff costs or departmental overhead and general CITY overhead costs based upon reasonable and generally accepted accounting principles. The CITY shall ensure thatall data used in said estimates is supported by an audit trail that readily traces to underlying authoritative source documents. 6. DISTRICT POLICE SERVICES The DISTRICT shall maintain its current level of police services within the CITY tideland area and reserves the right to augment those services in the following fiscal year provided written notice is given at least six (6) months prior to the end of the fiscal year. Such augmentation may result in a reduction in the future CITY services that otherwise might have been reimbursable under this Agreement. 9fCS #37063 Page 3 of 7 7. RECORDS A. At the request of the DISTRICT, and upon reasonable notice, the CITY shall make available documentation supporting the request for reimbursement. Such documentation shall include but not be limited to time cards, contracts, receipts, original invoices, canceled checks, payroll documentation, calls fo.r service, dispatch records, and other periodic logs maintained by police and fire staff. The DISTRICT shall have the right to make copies or excerpts of pertinent documents. Proof of both incurrence and payment shall be kept on file by the CITY for review by the DISTRICT for a period of three (3) years after the last day of the fiscal year. No less often than quarterly, CITY agrees to forward to the DISTRICT copies of any periodic logs, calls for police service, or other reports describing incidents occurring on non -ad valorem tideland properties covered by this Agreement. Where available, exact street addresses should be listed in the logs and calls for service to assure that only actions on non -ad valorem properties are included. Monthly or quarterly statistical reports detailing the number and types of incidents on non -ad valorem tideland properties may be substituted. 8. ASSIGNMENT CITY shall not assign. this Agreement or any right or interest hereunder without express prior written consent of DISTRICT, nor shall DISTRICT assign this Agreement or any right or interest hereunder without express prior written consent of CITY. MISUSE OF DISTRICT REIMBURSEMENTS DISTRICT may terminate its entire obligation upon thirty (30) days written notice to CITY if the CITY violates any of the terms of the Agreement. CITY may terminate its entire obligation upon notice to the DISTRICT if the DISTRICT violates any of the terms of the Agreement. Should the DISTRICT and the CITY concur that any reimbursement by the DISTRICT to the CITY was overpaid contrary to the terms of this Agreement, CITY agrees to refund the overpayment to the DISTRICT within ninety (90) calendar days. Likewise, DISTRICT shall be responsible for the payment of services rendered by the CITY up to the date of termination. DISTRICT will pay CITY for all services rendered to the date of termination on a pro-rata basis and 360-day year within thirty (30) days of receipt of invoice. 10. ENTIRE AGREEMENT It is expressly understood and agreed that this Agreement constitutes the entire agreement between the CITY and the DISTRICT for police, fire and emergency medical services and in no event shall the CITY be entitled to any compensation, benefits, reimbursement or ancillary services other than as expressly provided in this Agreement. DOCS #37063 Page 4 of 7 P33 There are no other written or oral understandings between the parties. No modification or amendment to this Agreement shall be valid unless in writing and signed by the parties hereto. 11. HOLD HARMLESS A. " During the course of performance of duties by the personnel under this Agreement, CITY agrees to indemnify and hold the DISTRICT harmless against and from any and all damages to property or injuries to or death of any person or persons, including employees of the DISTRICT, and shall defend, indemnify and hold harmless the DISTRICT, its officers and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the CITY or any of its officers or employees. B. DISTRICT agrees to indemnify and hold the CITY harmless against and from any and all damages to property or injuries to or death of any person or persons, including employees of the CITY, and shall defend, indemnify and hold harmless the CITY, its officers and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the DISTRICT or any of its officers or employees, or from dangerous or unsafe conditions on DISTRICT property. 12. INSURANCE CITY shall, throughout the duration of this Agreement, maintain commercial general liability and property damage insurance or a self -insured program covering all operations hereunder of CITY, its agents and employees including, but not limited to, premises and automobile, with minimum coverage of Ten. Million Dollars ($10,000,000) combined single limits. Evidence of such coverage, in the form of a Certificate of Insurance and Policy Endorsement which names the DISTRICT as. Additional Insured shall be submitted to the San Diego Unified Port District, Jeffrey McEntee, CFO/Treasurer, P.O. Box 120488, San Diego, CA 92112-0488. Said policy or policies shall be primary and non-contributory for all purposes and. shall include the DISTRICT, its agents, officers and 'employees as an Additional Insured by Endorsement. CITY shall maintain workers' compensation insurance in the amounts required by California State law, and Employer's Liability insurance of not less than One Million Dollars ($1,000,000). This policy shall be endorsed to include a waiver of subrogation endorsement. DISTRICT retains the right to make reasonable amendments to the insurance requirements to the extent the risk of exposure has changed with the concurrence of the City. D.4CS #37063 Page 5 of 7 The policies described in Item A above shall be endorsed to include the DISTRICT, its agents, officers and employees as additional insureds. All coverages under this section shall be effective as of the effective date of this Agreement or provide for a retroactive .date ofplacement that coincides with the effective date of this Agreement. E. CITY shall furnish to DISTRICT certificates of insurance or proof of a self -funded program for all policies described above upon execution of this Agreement, and upon renewal of any of these policies. A Certificate of Insurance, in the form acceptable to DISTRICT, and the Additional Insurance Endorsement, shall be kept on file with DISTRICT. Except in the event of cancellation for non-payment of premium, in which case notice shall be ten (10) days, all such certificates shall indicate that the insurer must notify DISTRICT in writing at least thirty (30) days in advance of any change in, or cancellation of, coverage. CITY shall also provide written notice to DISTRICT prior to cancellation of, or any change in, the stated coverage of such insurance. The Certificate. of Insurance must delineate the name of the insurance company affording coverage and the policy number(s) specifically referencedto each type of insurance, either on the face of the certificate or on an attachment thereto. If an addendum setting forth multiple insurance companies or underwriters is attached to the certificate of insurance, the addendum shall indicate the insurance carrier or underwriter who is the lead carrier and the applicable policy number for the CGL coverage. 13. ATTORNEY'S FEES In the event any suit is commenced to enforce, protect or establish any right or remedy of any of the terms and conditions hereof, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit. 14. NO THIRD PARTY BENEFICIARIES This Agreement is made and entered into for the benefit of DISTRICT and CITY only, and it is not intended for the benefit of any third party or any other person, and no such third party or any other person shall be a third party beneficiary to this Agreement or otherwise have the right to enforce any provisions of this Agreement. 15. CONTRACT ADMINISTRATORS A. The Business & Financial Services Division of the DISTRICT is designated as the DISTRICT's Contract Administrator of this Agreement and shall receive and process all reports and requests for payment. All correspondence shall be sent to the following address: San Diego Unified Port District Jeffrey B. McEntee, CFO/Treasurer PO Box 120488 San Diego, California 92112-0488 DOCS #37063 Page 6 of 7 P35 B. The Contract Administrator for the CITY for this Agreement shall be as follows: Marylou Matienzo Finance Director City of National City 1243 National City Boulevard National City, California 91950 The effective date of this Agreement is July 1, 2003. CITY OF NATIONAL CITY SAN DIEGO UNIFIED PORT DISTRICT City Manager CFO/Treasurer Attest: Approved as to Form: City Clerk Port Attorney. Approved as to Form and Legality: City Attorney. DOCS #37063 Page 7 of 7 Municipal Services Agreement - Police and Fire Services, City of National City (11/25/03) STATEMENT OF REIMBURSABLE EXPENSES NATIONAL CITY POLICE AND FIRE SERVICES FISCAL YEARS 2003-04, 2004-05, 2005-06 TABLE OF CONTENTS Summary - Cost of Services Exhibit A - Detailed Cost of Police Services Exhibit B - Detailed Cost of Fire/Medical Services Exhibit C - Number of Beat Officers Required to Staff Service Demands Exhibit D - Calls for Service & Total Officer Time Exhibit E - Beat Officer Available Field Time Per Year Attachment A Page 1 of 7 Page No. 5 P37 SUMMARY CITY OF NATIONAL CITY ESTIMATED VALUE OF POLICE AND FIRE/MEDICAL SERVICES FOR NON -TAX PAYING PROPERTIES ON TIDELANDS FOR THE YEAR ENDING JUNE 30, 2002 Police Services Police Department Costs (FY 2002) Number of Patrol Officers (FTE) Annual Cost Per Officer Number of Officers Required (Exhibit C) Cost of Police Services Fire Services Annual Cost for Services FY 03/04 - 05/06 10,690,226 (A) 33 323,946 1.27 $ 411,412 Fire operations and administration $ 4,260,581 (B) Number of fire companies 3 Cost Per Engine Company $ 1,420,194 Ratio of Services Allocated To District Tidelands 10.0% Cost of Fire Protection Services $ 142,019 Police and Fire Total Costs: $ 553,431 Department Costs (2002) per financial system Less: Internal Charges Add: 15% City Overhead (A) (B) Per Exhibit A Per Exhibit.B Police Fire $ 12,107,845 4,299,057 (2,811,996) (594,204) 1,394,377 555,728 Total Department Costs $ 10,690,226 $ 4,260,581 Attachment A Page 2 of 7 P38 EXHIBIT A CITY OF NATIONAL CITY ACTUAL TOTAL POLICE DEPARTMENT COSTS FOR THE YEAR ENDING JUNE 30, 2002 TOTAL 000-100-0000 PART-TIME SALARIES - .$ 41,948.39 000-101-0000 FULL-TIME SALARIES - $ 5,554,839.45 000-102-0000 OVERTIME - $ 422,645.55 000-105-0000 LONGEVITY - $ 9,928.55 000-107-0000 EDUCATIONAL INCENTIVE PAY $ 28,859.16 000-110-0000 AUTO/UNIFORM ALLOWANCE $ 45,362.90. 000-120-0000 DIFFERENTIAL PAY $ 49,894.28 - 000-140-0000 WORKERS' COMPENSATION $ 547,366.23 000-150-0000 HEALTH INSURANCE $ 440,008.94 000-151-0000 LTD INSURANCE - $ 21,291.93 000-160-0000 RETIREMENT PLAN CHARGES $ - 704,018.65 000-161-0000 MEDICARE $ 74,586.67 000-199-0000 PERSONNEL COMPENSATION _ $ 132,365.88 000-205-0000 MEDICAL SERVICES - $ 36,581.92 000-209-0000 LEGAL SERVICES $ 384.00 000-211-0000 LAUNDRY & CLEANING SERVICES $ 3,648.81 000-217-0000 INVESTIGATIVE SERVICES $ 10,945.12 000-222-0000 MEMBERSHIPS'& SUBSCRIPTIONS - - $ 6,161.73 000-226-0000 TRAINING - $ 34,611.60 000-230-0000. PRINTING & BINDING - $ 7,939.10 000-250-0000 POSTAGE $ 343.68 ' 000-258-0000 TRAVEL & SUBSISTENCE - $ 54,191.47 000-259-0000 K-9 CARE AND SUPPLIES - $ 3,389.58 000-261-0000 EMERGENCY ANIMAL TREATMENT - $ 1,577.15 000-268-0000 RENTALS &LEASES $ 42,260.24 000-269-0000 FACILITY LEASE - 5 ,489,475.57 000-281-0000 R & M - OFFICE EQUIPMENT $ 1,504.19 000,287-0000 R & M - COMMUNICATIONS EQUIPT. - $ 24,358.33 000-291-0000 -R & M - AUDIO VISUAL EQUIPT. - $ 636.43 000-297-0000 BOOKING FEES - $ 238,546.00. 000-299-0000 CONTRACT SERVICES 97,034.58 000-301-0000 OFFICE SUPPLIES $ 10,775.70 000-302-0000 PERIODICALS &NEWSPAPERS . . . - $ 171.60 000-304-0000 BOOKS - $ 4,867.73 000-305-0000 MEDICAL SUPPLIES . . $ 963.67 000-306-0000 COMPUTER SUPPLIES $ 11,568.09 000-309-0000 PHOTOGRAPHIC SUPPLIES . $ 18,019.10 000-316-0000 AMMUNITION $ 45,406.15 000-318-0000 WEARING APPAREL $ 18,493.06 000-319-0000 UNIFORM ACCESSORIES $ 3,478.52 000-325-0000 ELECTRICAL MATERIALS $ 1,209.64 000-342-0000 COMMUNICATION MATERIALS $ 5,153.32 000-353-0000 PATROL/CRIME LAB/PROP.SUPPLIES $ 25,229.37 000-399-0000 MATERIALS & SUPPLIES $ 17,012.28 000-515-0000 COMMUNICATIONS EQUIPMENT $ 2,991.72 000-518-0000 PUBLIC SAFETY EQUIPMENT $ 3,873.91 000-599-0000 OTHER FIXED ASSETS 5 (70.88) 000-730-0000 GENERAL SERVICES CHARGES $ 44,352.00 000-740-0000 BUILDING SERVICES CHARGES $ 888,732.00 000-745-0000 PERS. ADMIN. CHARGES . $ 91,956.00 000-750-0000 VEHICLE SERVICES CHARGES - $ 580,092.00 000-755-0000 INFO. SYSTEMS MAINT. CHARGE . $ 308,388.00 000-765-0000 OFFICE EQUIP. DEPRECIATION CHARGE $ 126,684.00 000-770-0000 PERSONNEL COMPENSATION CHARGES $ 94,188.00 000-775-0000 TELECOMMUNICATIONS CHARGES $ 118,668.00 000-780-0000 GENERAL ACCOUNTING SERVICES CHARGES $ 125,340.00 000.785.0000 UNEMPLOYMENT INSURANCE CHARGES - $ 14,460.00 000-790-0000 INSURANCE CHARGES - - $ - 419,136.00 GRAND TOTAL - $ 12,107,845.06 Less: INTERNAL CHARGES (700-object) $ (2,811,996.00) Add: OVERHEAD RATE (15%) - 1,394,377 TOTAL CONTRACT EXPENSES $ 10,690,226.42 Attachment A Page 3 of 7 P39 EXHIBIT B CITY OF NATIONAL CITY ACTUAL TOTAL FIRE DEPARTMENT COSTS FOR THE YEAR ENDING JUNE 30, 2002 TOTAL 125-101-0000 FULL-TIME SALARIES $ 2,412,768.42 125-102-0000 OVERTIME $ 255,610.26 125-105-0000 LONGEVITY $ 1,753.78 125-110-0000 AUTO/UNIFORM ALLOWANCE $ 8,000.00 125-120-0000 DIFFERENTIAL PAY $ 96,250.10 125-140-0000 WORKERS' COMPENSATION $ 202,248.80 125-150-0000 HEALTH INSURANCE $ 192,196.20 125-151-0000 LTD INSURANCE $ 17,404.17 125-160-0000 RETIREMENT PLAN CHARGES $ 233,346.30 125-161-0000 MEDICARE $ 23,990.48 125-199-0000 PERSONNEL COMPENSATION $ 56,325.90 125-205-0000 MEDICAL SERVICES $ 5,712.00 125-211-0000 LAUNDRY & CLEANING SERVICES $ 1,048.12 125-222-0000 MEMBERSHIPS & SUBSCRIPTIONS $ 1,786.36 125-226-0000 TRAINING $ 9,361.87 125-230-0000 PRINTING & BINDING $ 2,673.06 125-258-0000 TRAVEL& SUBSISTENCE $ 7,951.01 125-268-0000 RENTALS &LEASES $ 7,976.01 125-283-0000 .R & M - FIRE EQUIPMENT $ 5,141.86 125-287-0000 R & M - COMMUNICATIONS EQUIPT. $ 3,870.85 125-291-0000 R & M - AUDIO VISUAL EQUIPT. $ 142.76 125-299-0000 CONTRACT SERVICES. $ 117,119.48 125-301-0000 OFFICE SUPPLIES $ 2,227.64 125-303-0000 JANITORIAL SUPPLIES $ 2,504.79, 125-304-0000 BOOKS $ `1,001.95 125-305-0000 MEDICAL SUPPLIES $ 1,274.62 125-306-0000 COMPUTER SUPPLIES $ 877.01 125-309-0000 PHOTOGRAPHIC SUPPLIES $ 415.01 125-318-0000 WEARING APPAREL $ 8,879.81 125-319-0000 UNIFORM ACCESSORIES $ 188.67 125-327-0000 BUILDING MATERIALS $ 5,417.98 125-337-0000 SMALL TOOLS. $ 159.47 125-342-0000 COMMUNICATION MATERIALS $ 765.49 125-399-0000 MATERIALS & SUPPLIES $ 3,135.84 125-505-0000 TRAINING EQUIPMENT $ . 5,060.16 125-515-0000 COMMUNICATIONS EQUIPMENT $ 7,039.60 125-521-0000 FIRE FIGHTING ACCESSORIES . $ 3,227.11 125-730-0000 GENERAL SERVICES CHARGES $ 16,668.00 125-740-0000 BUILDING SERVICES CHARGES $ 160,212.00 125-745-0000 PERS. ADMIN. CHARGES $ 34,860,00 125-750-0000 VEHICLE SERVICES CHARGES $ 228,156.00 125-755-0000 INFO. SYSTEMS MAINT. CHARGE $ 15,240.00 125-765-0000 OFFICE EQUIP. DEPRECIATION CHARGE $ 16,812.00 125-770-0000 PERSONNEL COMPENSATION CHARGES $ 35,712.00 125-775-0000 TELECOMMUNICATIONS CHARGES $ 13,428.00 125-780-0000 GENERAL ACCOUNTING SERVICES CHARGES $ 48,348.00 125-785-0000 UNEMPLOYMENT INSURANCE CHARGES $ 5,496.00 125-790-0000 INSURANCE CHARGES $ 19,272.00 GRAND TOTAL $ 4,299,056.94 Less: INTERNAL CHARGES (700-object) $ (594,204.00) Add: OVERHEAD RATE (15%) 555,728 TOTAL CONTRACT EXPENSES $ 4,260,580.88 Attachment A Page 4 of 7 P40 EXHIBIT C CITY OF NATIONAL CITY NUMBER OF BEAT OFFICERS REQUIRED TO STAFF SERVICE DEMAND FOR TIDELANDS NON -TAX PAYING AREAS Description FY 2001-2002 calls for service (CFS) in minutes CFS converted to hours FY 2001-2002 preventive patrol (PP) 1.5 hours/patrol x 3.patrols/day (negotiated formula) Total beat officer hours, PP + CFS Available beat officer hours per year, per officer Number of officers required (FTE) for PP + CFS Reference Amount Exhibit D 13,801 13,801/60 min per hour 230 1.5 x 3 x 365 days 1,643 (230+1,643) 1,873 Exhibit E 1,471 (1,873 / 1,471) 1.27 Attachment A Page 5 of 7 P41 EXHIBIT D CITY OF NATIONAL CITY CALLS FOR SERVICE & TOTAL OFFICER TIME FOR TIDELANDS AREA FOR THE FISCAL YEAR 2001-2002 Month Total Number of Calls Total Officer Time (Minutes) July-01 20 933 August-01 32 1,109 September-01 23 984 October-01 23 1,520 November-01 18 2,308 December-01 15 557 January-02 30 1,600 February-02 23 1,905 March-02 16 540 April-02 , 16 782 May-02 20 515 June-02 24 1,048 Total 260 13,801 Attachment A Page 6 of 7 P42 EXHIBIT E CITY OF NATIONAL CITY BEAT OFFICER AVAILABLE FIELD TIME PER YEAR Description Reference Amount Gross workdays per year: Number of workweeks per year 52 Number of workdays per workweek 4 Gross workdays per year (52 x 4) 208 Leave days per year: Vacation 23 Sick leave 12 Total leave days per year 35 Available field days per year Number of field hours per day: Gross work hours Rest period Briefing Net field hours per day Net available field hours per year Attachement A Page 7of7 (208 - 35) 173 (10-1-0.5) (173 x 8.5) 10 1 0.5 8.5 1,471 P43 .STING DATE City of National City, California COUNCIL AGENDA STATEMENT March 2, 2004 AGENDA ITEM NO. 6 (-ITEM TITLE RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO 1 ENTER INTO AN AGREEMENT WITH KLEINFELDER, INC. TO PROVIDE SPECIAL TESTING AND INSPECTION SERVICES DURING THE CONSTRUCTION OF THE NATIONAL CITY FIRE DEPARTMENT, STATION 34 PROJECT PREPARED BY Stephen Kirkpatrick DEPARTMENT Public Works/Engineering 336-4383 EXPLANATION See attached explanation. Environmental Review X N/A Financial Statement This contract is for a "not -to -exceed" amount of $64,000 Approved B and is budgeted in the project accounts 250-409-500-598-1588 and 302-409-500-598-1588. STAFF RECOMMENDATION Approve the Resolution authorizing the Mayor to enter into an agreement with Kleinfelder, Inc. to provide special testing and inspection ery s durig the construction of the National City Fire Department, Station 34 Project. dell A Finance Directpr Account No. BOARD / CO M ISSION RECO ' `'ENDATION N/A ATTACHMENTS [ Listed Below) Resolution No. 2004-35 1. Resolution 2. Agreement A-200 999i Explanation: Special inspection and testing services are necessary throughout the construction of the National City Fire Department, Station 34 Project. The special inspection and testing required in some cases, such as lead and asbestos abatement, structural masonry testing and inspections, field welding high strength bolting inspection, etc, is defined by the California Building Code. Other special testing and inspection requirements, such as soil testing during earthwork for structures, roofing inspection, etc., have been put together by the project team to ensure the building is constructed to the same quality level that it has been designed to. There is an old construction adage, "You get what you inspect, not necessarily what you expect." The City through Resolution No. 2002-33 entered a three-year agreement with Kleinfelder to perform "as -needed" special inspection and testing services on its construction projects. Kleinfelder was chosen to provide these services as a result of a "Request for Qualifications" process that is necessary for the City to hire professional services. The work type contemplated in the existing agreement with Kleinfelder, Inc. is based on heavy construction (roads, storm and sanitary sewer work, etc.) special inspection needs not building construction special inspection needs, although there is some overlap. However Kleinfelder is also fully qualified and able to perform all special inspection and testing needs associated with building construction projects. Since the type of work necessary for the building construction is not in the existing agreement it is appropriate to enter a separate agreement instead of amending the existing agreement for this work. The work and fees described in the agreement are the result of negotiations with Kleinfelder, Inc. The work performed will greatly benefit the National City Fire Department, Station 34 Project and will be performed at a fair and reasonable cost. If is therefore recommended that the Resolution authorizing the Mayor to enter this agreement with Kleinfelder, Inc. be approved. RESOLUTION NO. 2004 — 35 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KLEINFELDER, INC. TO PROVIDE SPECIAL TESTING AND INSPECTION SERVICES DURING THE CONSTRUCTION OF THE NATIONAL CITY FIRE DEPARTMENT, STATION NO. 34 PROJECT WHEREAS, the City desires to employ a contractor to provide testing laboratory services for the National City Fire Department, Station No. 34 Project; and WHEREAS, the City has determined that Kleinfelder, Inc. is a geotechnical/materials engineering firm and is qualified by experience and ability to perform the services desired by the City, and Kleinfelder, 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 Kleinfelder, Inc. to provide testing laboratory services for the National City Fire Department, Station No. 34 Project. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 2n4 day of March, 2004. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney By: Rhdolf Hradecky Senior Assistant City Attorney Nick Inzunza, Mayor AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KLEINFELDER, INC. THIS AGREEMENT is entered into this 2nd day of March, 2004, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and KLEINFELDER, INC. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide Testing Laboratory Services for the National City Fire Station #34 Project. WHEREAS, the CITY has determined that the CONTRACTOR is a Geotechnical I Materials Engineering Firm and is qualified, experienced, has the 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 as needed in order to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a Revised August 2003 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 Kirkpatrick, Acting Director of Public Works I Engineering Department, 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. Ronald C. Thomson, Operations Manager, thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the schedule given in Exhibit B. (the Base amount) without prior written authorization from the City Manager. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. All work shall be completed by April, 2005. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS, The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. 2 Revised August 2003 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 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 3 Revised August 2003 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. 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 Agree- ment. I 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 CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. 6 Revised August 2003 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; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 7 Revised August 2003 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 noti.e, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Stephen M. Kirkpatrick Acting Director of Public Works / Engineering City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONTRACTOR: Ronald Thomson Kleinfelder, Inc. 5015 Shoreham Place San Diego, CA 92122 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 8 Revised Augusi 2003 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. II 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. !. 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. 9 Revised August 2003 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 (Twp signatures required for a corporation) By: By: Nick lnzunza, Mayor (Name) (Title) APPROVED AS TO FORM: By: George H. Eiser, III (Name) City Attorney (Title) 10 Revised August 2003 F.XIIIBIT "A" January 27, 2004 Proposal No. 39852 Steven M. Kirkpatrick Principal Civil Engineer City of National City Engineering Department 1243 National City Boulevard National City, California 91950-4397 Subject: Proposal to Provide Testing Laboratory Services Project: National City Fire Department Headquarters Station 34 333 E. 16`h Street National City, California 91950 Dear Mr. Kirkpatrick: INTRODUCTION We are pleased to submit our proposal to provide Testing Laboratory services for the subject project. In preparing this proposal we have utilized project plans Bid Set dated 1/5/04, and specifications dated 1/5/04, both prepared by Jeff Katz Architecture. A construction schedule was not available at the time we prepared this proposal. SCOPE The scope of services we are proposing includes: • Soil testing and observation during earthwork for structures; o Lead -based paint abatement oversight; • Asbestos abatement oversight and as -requested air monitoring; e As -requested geotechnical consulting; Compaction testing for utility trench backfill and paved area construction; • Structural cast -in -place concrete testing and special inspection; • Structural masonry testing and special inspection; • Field welding and high -strength bolting special inspection; • Built-up roofing observation; • Preparation of final special inspection report; • Preparation of final "As -Graded" report; and • Preparation of compaction test summary. P-39582/SDI4P025.doc Copyright 2004 Kleinrcldcr, Inc. Paul I of 2 January 27, 2004 The following are "Optional Extra" services we are offering should they be requested: O Sampling, testing, and observation of portland cement concrete paving; ® Testing and special inspection of masonry retaining walls; and ® Special inspection of shop welding. FEES/BUDGET Fees for our services will be charged on a time -and -materials basis at the rates currently under contract with the City. As always, no charges will be assessed for vehicle, mileage, standard test equipment, or routine project administration. For budgeting purposes we have prepared an Estimated Budget based on a brief review of the referenced documents. Our budget does not include costs for overtime, retesting, or reinspection. Our budget also does not include travel and per diem costs associated with shop welding inspection not within 50 miles of one of our 60 offices. LIMITATIONS Materials testing and observation services provided by Kleinfelder will be performed in accordance with generally accepted procedures practiced within the site area. It should be noted even with diligent monitoring construction defects might occur. In all cases the contractor is solely responsible for the direction and quality of the work, adherence to plans and specifications, and repair of defects regardless of when they are found. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. If you have any questions or require additional information pertaining to this proposal, please contact the undersigned at 858-320-2211. Sincerely, KLEINFELDER, INC. Ronald C. Thomson cqt. Lord, CEG Operations Manager Environmental Services Manager RCT:mlm cc: Howard Mills — Rudolph and Sletten Enclosures: Estimated Budget P-395 S2/SDI'4P025.doc Copyright 2004 Kleinfclder, Inc. r, n u Cni C CI .. Page 2 of 2 January 27, 2004 EXHIBIT "B" ESTIMATED BUDGET National City FIRE DEPARTMENT National City, California 02010 Lead Abatement Labor included as part of the Asbestos Abatement oversight. If Abatement contractor chooses to abate lead separately, oversight labor will be a change order. 02015 Asbestos Abatement Includes 20 hours of Asbestos- and Lead-certifiednspector's labor; Up to 3 air -sampling pumps for air monitoring; and Laboratory analysis. 02200 Earthwork for Structures and Pavements Includes 120 hours soil testing and observation; 20 hours Senior Engineer review and consultation; 16 hours footing inspection; Laboratory testing; and Final "As -Graded" report. 02225 Excavating, Backfilling, & Compacting for Utilities Includes 120 hours compaction testing; Laboratory testing; and Preparation of compaction test summary report. 02510 Asphalt Concrete Paving Includes 16 hours field testing; and Laboratory testing. 03301 Concrete Work Includes 80 hours sampling, testing, and special inspection; 16 hours sample pick-up; and 100 concrete compression tests. 04220 Concrete Masonry Units Includes 80 hours special inspection; 4 hours sample pick-up; and Laboratory testing. 05120 Structural Steel — Field Includes 80 hours field welding special inspection; and 10 hours non-destructive weld testing. 07500 Membrane Roofing Includes 48 hours observation o- F_= rJF=EF_DER $ 0.00 $ 2,000.00 $ 15,000.00 10,000.00 $ 1,500.00 $ 9,000.00 $ 7,000.00 $ 6,200.00 $ 3,300.00 Total Estimated I: udget $ 54,000.00 P-395i 2/SDl4P025.doc Page I of 2 Copyright 2004 Klein Folder, Inc. January 27, 2004 ESTIMATED BUDGET National City FIRE DEPARTMENT National City, California Optional Extras 02514 Portland Cement Concrete Paving Includes 40 hours sampling, testing, and observation; 8 hours sample pick-up; and 40 concrete compression tests. 04220 Concrete Masonry Units — Retaining Walls Includes 160 hours testing and special inspection; 6 hours sample pick-up; and Laboratory testing. 05120 Structural Steel — Shop Includes 40 hours shop welding special inspection; and 8 hours non-destructive weld testing. EA $ 4,250.00 $ 12,500.00 3,300.00 P-39582/SD14P025.doc Copyright 2004 Kleinfcldcr, Inc. Page 2 of 2 January 27, 2004 €ETING DATE City of National City, California COUNCIL AGENDA STATEMENT March 2, 2004 AGENDA ITEM NO. 7 /ITEM TITLE RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH KLEINFELDER, INC. TO PROVIDE SPECIAL TESTING AND INSPECTION SERVICES DURING THE CONSTRUCTION OF THE NATIONAL CITY PUBLIC LIBRARY PROJECT PREPARED BY Stephen Kirkpatrick DEPARTMENT Public Works/Engineering 336-4383 EXPLANATION See attached explanation. Environmental Review X N/A Financial Statement Approved By: This contract is for a "not -to -exceed" amount of $132,875 and is budgeted in the project accounts 241-409-500-598-1583 and 242-409-500-598-1583. s / STAFF RECOMMENDATION Approve the Resolution authorizing the Mayor to enter into an agreement with Kleinfelder, Inc. to provide special testing and inspection services .urin; thenstruction of the National City Public Library Project. Finance Direc or BOARD / COMMISSION RECOMMEN TION N/A Account No. ATTACHMENTS Q Listed Below ) Resolution No. 2004-36 1. Resolution 2. Agreement A-200 I9 991 Explanation: Special inspection and testing services are necessary throughout the construction of the National City Library Project. The special inspection and testing required in some cases, such as shop welds, field welds, high strength bolting, and spray applied fireproofing, etc, is defined by the California Building Code. Other special testing and inspection requirements, such as soil testing during earthwork for structures, waterproofing inspection, roofing inspection, mechanical systems commissioning, etc., have been put together by the project team to ensure the building is constructed to the same quality level that it has been designed to. There is an old construction adage, "You get what you inspect, not necessarily what you expect." The City through Resolution No. 2002-33 entered a three-year agreement with Kleinfelder to perform "as -needed" special inspection and testing services on its construction projects. Kleinfelder was chosen to provide these services as a result of a "Request for Qualifications" process that is necessary for the City to hire professional services. The work type contemplated in the existing agreement with Kleinfelder, Inc. is based on heavy construction (roads, storm and sanitary sewer work, etc.) special inspection needs not building construction special inspection needs, although there is some overlap. However, Kleinfelder is also fully qualified and able to perform all special inspection and testing needs associated with building construction projects. Since the type of work necessary for the building construction is not in the existing agreement it is appropriate to enter a separate agreement instead of amending the existing agreement for this work. The work and fees described in the agreement are the result of negotiations with Kleinfelder, Inc. The work performed will greatly benefit the National City Public Library Project and will be performed at a fair and reasonable cost. It is therefore recommended that the Resolution authorizing the Mayor to enter this agreement with Kleinfelder, Inc. be approved. RESOLUTION NO. 2004 — 36 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KLEINFELDER, INC. TO PROVIDE SPECIAL TESTING AND INSPECTION SERVICES DURING THE CONSTRUCTION OF THE NATIONAL CITY PUBLIC LIBRARY PROJECT WHEREAS, the City desires to employ a contractor to provide testing laboratory services for the National City Public Library Project; and WHEREAS, the City has determined that Kleinfelder, Inc. is a geotechnical/materials engineering firm and is qualified by experience and ability to perform the services desired by the City, and Kleinfelder, 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 Kleinfelder, Inc. to provide testing laboratory services for the National City Public Library Project. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of March, 2004. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney `Rudolf1 adecky c I Senior Assistant City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KLEINFELDER, INC. THIS AGREEMENT is entered into this 2nd day of March, 2004, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and KLEINFELDER, INC. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide Testing Laboratory Services for the National City Public Library Project. WHEREAS, the CITY has determined that the CONTRACTOR is a Geotechnical / Materials Engineering Firm and is qualified, experienced, has the 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 as needed in order to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a Revised August 2003 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 Kirkpatrick, Acting Director of Public Works I Engineering Department, 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. Ronald C. Thomson, Operations Manager, thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the schedule given in Exhibit B. (the Base amount) without prior written authorization from the City Manager. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. All work shall be completed by June, 2005. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. 2 Revised August 2003 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 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 3 Revised August 2003 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. 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 Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree- ment. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions Have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. 6 Revised August 2003 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; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 7 Revised August 2003 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered ,or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Stephen M. Kirkpatrick Acting Director of Public Works / Engineering Dept. City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONTRACTOR: Ronald Thomson Kleinfelder, Inc. 5015 Shoreham Place San Diego, CA 92122 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 8 Revised August 2003 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. 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. 9 Revised August 2003 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 (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 EXHIBIT ®'A" Kl_FINFELDER February 2, 2004 Revised February 4, 2004 Proposal No. 34749 Steven M. Kirkpatrick Principal Civil Engineer City of National City Engineering Department 1243 National City Boulevard National City, California 91950-4397 Subject: Revised Proposal to Provide Testing Laboratory Services Project: National City Public Library 1401 National City Boulevard National City, California 91950 State Project #1028 Dear Mr. Kirkpatrick:. INTRODUCTION As requested we are pleased to submit our revised proposal to provide Testing Laboratory services for the subject project. In preparing this proposal we have utilized project plans and specifications prepared by Carrier Johnson both dated August 8, 2003. We also utilized the Preliminary Preconstruction Schedule prepared by Douglas E. Barnhart data dated July 17, 2002. SCOPE The scope of services we are proposing includes: • Soil testing and observation during earthwork for structures; As requested geotechnical consulting; ® Compaction testing for utility trench backfill and paved area construction; • Cast -in -place concrete testing and inspection; • Epoxy and expansion anchors inspection; • Shop welding special inspection; a Field welding and high -strength bolting inspection; • Spray -applied fireproofing testing and inspection; • Waterproofing observation; • Roofing observation; © Mechanical commissioning; P-347491SD14P033.doc Copyright 2004 Kleinfelder, Inc. Page I of 2 February 2, 2004 Revised February 4, 2004 i..IFf to iiInth' ',Ic f" • Preparation of final special inspection report; • Preparation of final "As -Graded" report; and ® Preparation of compaction test summary. FEES/BUDGET Fees for our services will be charged on a time -and -materials basis at the rates currently under contract with the City. As always, no charges will be assessed for vehicle, mileage, standard test equipment, or routine project administration. For budgeting purposes we have prepared an Estimated Budget based on a brief review of the referenced documents. Our budget does not include costs for overtime, retesting, or reinspection. LIMITATIONS Materials testing and observation services provided by Kleinfelder will be performed in accordance with generally accepted procedures practiced within the site area. It should be noted even with diligent monitoring construction defects might occur. In all cases the contractor is solely responsible for the direction and quality of the work, adherence to plans and specifications, and repair of defects regardless of when they are found. We appreciate the opportunity to submit this proposal•rand look forward to working with you on this project. If you have any questions or requirie „additional information pertaining to this proposal, please contact the undersigned at 858-320-22'11. Sincerely, KLEINFELDER, INC. Ronald C. Thomson Operations Manager cc: George Szabo — Douglas E. Barnhart, Inc. RCT:mlm Enclosures: Estimated Budget 0-34749/SD14P033doc Copyright 2004 Kleinfelder, Inc I<II INFFI I)FR Sl)1$ Shi c Hri Flit S.in I.)iegn. C A n212., Page 2 of 2 February 2, 2004 Revised February 4, 2004 nuts 4s5ti1 17d1='np1 )a, ESTIMATED BUDGET National City Public Library National City, California EXHIBIT "B" EINF LDER 02300 Earthwork $ 28,000.00 Includes 240 hours soil testing and observation; 40 hours Senior Engineer review and consultation; 30 hours footing inspection; Laboratory testing; Final "As -Graded" report; and Final compaction test summary report. 02511 Asphalt Concrete Paving Includes 40 hours compaction testing; and Laboratory testing. 03301 Concrete Includes 140 hours sampling, testing, and special inspection; 30 hours sample pick-up; and 200 concrete compression tests. Epoxy and Expansion Anchors Includes 20 hours special inspection. 05120 Structural Steel — Field Includes 400 hours field welding special inspection; 50 hours shop welding special inspection; and 50 hours non-destructive weld testing. 05310 Steel Decking Includes 20 hours welding inspection. 07810 Applied Fireproofing Includes 80 hours sampling, testing, and special inspection; and 12 unit weight samples. 07140 Fluid Applied Waterproofing Includes 80 hours waterproofing observation. 07544 Thenrioplastic Membrane Roofing Includes 80 hours roofing observation. 015980 Mechanical Commissioning Total Estimated Budget: $ 3,000.00 $ 14,500.00 $ 1,400.00 $ 34,500.00 $ 1,400.00 $ 6,000.00 $ 5,500.00 $ 5,500.00 $ 33,075.00 132,875.00 P-34749/S0I4P03 3.doc Copyright 2004 Kleinfelder, inc. February 2, 2004 Revised February 4, 2004 City of National City, California COUNCIL AGENDA STATEMENT ereiEETING DATE March 2, 2004 AGENDA ITEM NO. 8 (1T 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY G A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR CONVERSION OF THE RED LION INN, AT 801 NATIONAL CITY BOULEVARD, TO 170 RESIDENTIAL CONDOMINIUMS AND COMMERCIAL SPACE. (APPLICANT: PACIFICA COMPANIES) (CASE FILE NO. S-2003-5 / CUP-2003-22) PREPARED BY DEPARTMENT EXT. Roger Post; 336-4310 Planning EXPLANATI N The City Council, after conducting a public hearing on January 20 and February 17, approved Tentative Subdivision Map and Conditional Use Permit applications for the proposed conversion of the Red Lion Inn to condominiums. The attached resolution is needed to carry out this action. Separate, related Council agenda statements include a resolution amending the General Plan and an ordinance adopting a Code Amendment to allow conversion of hotels and motels to residential use at higher densities than permitted for new construction. Environmental Review X N/A Exempt Financial Statement N/A MIS Approval Approved By: Finance Director Account No. .J STAFF RECOMMENDATION Adopt the attached resolution. BOARD) COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No, 2004-37 A-200 (Rev. 7/03) RESOLUTION NO. 2004 — 37 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR CONVERSION OF THE RED LION INN, AT 801 NATIONAL CITY BOULEVARD, TO 170 RESIDENTIAL CONDOMINIUMS AND COMMERCIAL SPACE APPLICANT: PACIFICA COMPANIES CASE FILE NOS. S-2003-5 / CUP-2003 -22 WHEREAS, applications were made for approval of a Tentative Subdivision Map and Conditional Use Permit for the conversion of the Red Lion Inn, at 801 National City Boulevard, to 170 residential condominiums and commercial space on property generally described as: Parcel A: Lots 1 through 10 inclusive, in Block 1, of W. C. Kimball's Subdivision of 10-acre Lot 1, Quarter Section 154 of National City, Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 105, filed in the Office of the County Recorder of San Diego County, March 10, 1887. Parcel B: Lots 1, 2, 3, 4 and 5 in Block 1, of T. Parsons Addition to National City being a Subdivision of 10-Acre Lot 8 in Quarter Section 155 of Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 57, filed in the Office of the County Recorder of San Diego County, April 26, 1881. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at public hearings held on December 1, 2003, and by Resolution made a recommendation on the applications; and WHEREAS, the City Council of the City of National City considered said applications, and the recommendation of the Planning Commission, at a public hearing held on January 20, 1974 and continued to February 17, 2004, 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-2003-5 and CUP-2003-22 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 applications have been determined to be exempt from the California Environmental Quality Act on the basis that there is no possibility that the proposal will have a significant effect on the environment, since the conversion of the Red Lion Inn to residential condominiums and commercial space involvesno or negligible expansion of use, and the project may also be considered as covered by the Class 1 Categorical Exemption (Section 15301, Existing Facilities), as the difference in use from visitor occupancy to long-term, residential occupancy will be negligible with regard to effects on the physical environment. Resolution No. 2004 — 37 March 2, 2004 Page Two 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 that the testimony and evidence presented to the City Council at the public hearing held on January 20, 2004, and February 17, 2004, support the following findings: Findings for Approval of the Tentative Subdivision Map: 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since its approval is conditional upon an amendment to the General Plan that will allow conversions of hotels and motels to residential use at higher densities than permitted for new construction. 2. The site is physically suitable for the proposed type of development, as shown on floor plans and site plans containedn Exhibit B Revised, CUP-2003-22, dated October 15, 2003, and since parking spaces in the parking structure at the northeast corner of 8th Street and National City Boulevard will be available for condominium owners and occupants of the ground level space below the parking structure, and additional surface parking will be available for ground level commercial space below the condominiums at the southeast corner of 8th Street and National City Boulevard. 3. The site is physically suitable for the proposed density of development, as shown on floor plans and site plans contained in Exhibit B Revised, CUP-2003-22, dated October 15, 2003, since parking will be provided in the parking structure and surface level parking lot. 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 developed with hotel, parking and other commercial facilities. 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. Resolution No. 2004 — 37 March 2, 2004 Page Three 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and, environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT: 1. That the site for the proposed use is adequate in size and shape, since the property is already developed with multi -level structures, and since floor plans and site plans contained in Exhibit B Revised, CUP-2003-22, dated October 15, 2003, show adequate layouts for condominium units and common amenities, and since parking spaces in the parking structure at the northeast corner of 8th Street and National City Boulevard will be available for condominium owners and occupants of the ground level commercial space below the parking structure, and additional surface parking for visitors and patrons of commercial uses below the residential condominiums will be available at the southeast corner of 8th Street and National City Boulevard. 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 conversion of the hotel to residential condominiums and commercial space will not result in a substantial increase in traffic, as indicated in the Traffic and Parking Analysis report prepared for the project by Linscott Law & Greenspan, dated October 2, 2003, and the project will continue to use the existing access driveway to the parking structure from National City Boulevard, and access will be maintained from 8th Street to the surface parking lot for condominium visitors and patrons of the commercial area below them. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the site is already developed with multi -level structures which will contain proposed condominiums and commercial space and provide on -site parking, along with an existing surface parking lot and recreational area, and enhancements are proposed to existing facilities. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will result in architectural enhancement of existing structures and provide additional opportunities in the City for owner -occupied housing, encouraged by the General Plan. In addition, the proposed conversion to condominiums will result in a residential population that will support local businesses. This will assist in revitalization of the adjacent commercial area, consistent with General Plan policy. Resolution No. 2004 — 37 March 2, 2004 Page Four 5. The proposed use will not have an adverse effect upon adjacent or abutting properties, since a condition will require that at least 85% of residential condominium units are owner -occupied, and that any rentals shall be available for no less than a 6-month period. This condition will address potential concerns for blighting conditions that may be exacerbated by lack of owner -occupancy, real estate speculation and lack of a stable residential population in the area. BE IT FURTHER RESOLVED by the City Council of the City of National City that based on the findings hereinbefore stated, said Tentative Subdivision Map and Conditional Use Permit applications are hereby approved, subject to the following conditions: 1. This Tentative Map and Conditional Use Permit authorizes conversion of the Red Lion Inn to a maximum of 170 residential condominium units and commercial space. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A Revised, Case File no. S- 2003-5, dated October 15, 2003, and Exhibit B Revised, Case File no. CUP-2003- 22, dated October 15, 2003. 2. The Tentative Map and Conditional Use Permit for conversion of the Red Lion Inn, as described in condition no. 1, shall be effective only after amendment of the General Plan and Title 18 (Zoning) of the Municipal Code to allow conversions of hotels and motels to residential use at higher densities than permitted for new construction. 3. Proposed changes to the surface level parking area shall be modified to satisfy Land Use Code standards for parking space dimensions; i.e. 9 feet rather than 8 feet width. 4. Vacation of the alley adjacent to the hotel between 8th and 9th Streets shall be pursued to provide potential for additional parking and open space area. 5. 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. 6. A trash enclosure shall be provided in accordance with City standards. 7. 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, i.e., parking areas, buildings, accessways, recreational facilities and open spaces, prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is Resolution No. 2004 — 37 March 2, 2004 Page Five 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. 8. 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. 9. A rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 10. 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. 11. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 12. 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. 13. A drainage plan shall be submitted showing all of the proposed and existing on - site 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. 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 drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 14. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, and landscaping 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. Resolution No. 2004 — 37 March 2, 2004 Page Six 15. The proposed pedestrian bridge shall meet all State and City design requirements. An encroachment agreement shall be approved by the City Council prior to the construction of the bridge. 16. The final map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 17. The subdivider shall submit an approval letter from Sweetwater Authority stating 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 final map approval. 18. 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. 19. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 20. The final map shall be recorded prior to issuance of any building permit. 21. All new property line survey monuments shall be set on private property, unless otherwise approved. 22. 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. 23. A Home Owners' fee shall include contribution to the (future) Downtown Business Improvement/Maintenance District, as determined by the CDC. 24. A minimum of one parking space shall be allocated to each residential condominium unit for exclusive use of its occupants. The opportunity to purchase one additional space for each condominium unit shall also be provided to buyers. 25. Ground level parking spaces shall be reserved for users of the commercial space. 26. The pedestrian bridge shall be constructed as part of the project, without public funds. 27. Sidewalk improvements shall be compatible with public improvements under design for the area from 7th Street to 12th Street, along National City Boulevard, as determined by the CDC. The subdivider shall install and pay for these improvements, including landscaping in the sidewalk area. Resolution No. 2004 — 37 March 2, 2004 Page Seven 28. Before this Tentative Map/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/Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Map/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. 29. Approval of the Tentative Map/Conditional Use Permit expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code section 17.04.070. 30. The City is in the process of adopting impact fees. Should the City adopt these fees prior to the issuance of a certificate of occupancy, the applicant will be responsible for the fees. These fees include, without limitation, parks and recreation, wastewater collection, street improvements, fire, police and library. 31 The applicant shall revise plans to satisfy requirements of the Fire Department for through access through the parking area behind the proposed condominium structure. This may require use of part of the alley adjacent to the property. 32. A gate shall restrict entry to the portion of the parking structure to be maintained for exclusive use of residents of the condominiums. 33. The subdivider shall enter into an agreement, approved by the City Attorney, to ensure that at least 85% of the residential condominium units are owner - occupied and that any rentals shall be for no less than a 6-month period. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. 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. --- Signature Page to Follow --- Resolution No. 2004 — 37 March 2, 2004 Page Eight PASSED and ADOPTED this 2nd day,of March, 2004. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Atto B udolf Hradecky Se for Assistant City Attorney 1 Nick Inzunza, Mayor City of National City, California C U CIL AGENDA STATE ENT 9 MEETING DATE 3/2/04 AGENDA ITEM NO. (ICE TITLE Consulting Services Agreement with RJA Management Services, Inc. to Perform Executive Search Services for the City Manager's Office. PREPARED BY DEPARTMENT Park Morse (336-4240) Assistant City Manager h'1 EXPLANATION City Manager The City Council has previously adopted a revised Management Plan to address various issues related to retirements of Executives in the City Service. One of the elements of the Management Plan was the selection of an executive search consultant to assist with certain management vacancies. Tonight's action recommends approval of a resolution authorizing the City Manager to enter into a consulting agreement with Dr. Richard Garcia to assist in the selection of a Police Chief. Environmental Review ✓ N/A Financial Statement As per Council action in approving the revised Management Plan, Fund Balance and the Contingency Fund will be used as necessary to fund this and subsequent consult- ing agreements. Costs shall not exceed $25,000 without prior authorization of the City Manager. Account No. N/A STAFF RECOMMENDATION Adopt the resolution and authorize the City Manager to sign the Agreement. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. 2004-38 A-200 (9/80) RESOLUTION NO. 2004 — 38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH RJA MANAGEMENT SERVICES, INC. TO PERFORM EXECUTIVE SEARCH SERVICES FOR THE POSITION OF CHIEF OF POLICE WHEREAS, the City desires to employ a consultant to perform professional executive recruiting services for the position of Chief of Police; and WHEREAS, the City has determined that RJA Management Services, Inc. is a executive recruiting company and is qualified by experience and ability to perform the services desired by the City, and RJA Management 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 City Manager to execute on behalf of the City an Agreement with RJA Management Services, Inc., to perform professional executive recruiting services for the position of Chief of Police. Said Agreement is on file in the office of the City Clerk. PASSED AND ADOPTED this 2nd day of March, 2004. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney / By. Ikudolf Hradecky Senior Assistant City Attorney 1 Nick Inzunza, Mayor City of National City, California C UNCIL A DA STATE T MEETING DATE 3/2/04 AGENDA ITEM NO. 10 ITEM TITLE Consulting Services Agreement with Shannon Executive Search to Perform Executive Search Services for the City Manager's Office. PREPARED BY Park Morse (336-4240 Assistant City Manage EXPLANATION DEPARTMENT City Manager The City Council has previously adopted a revised Management Plan to address various issues related to retirements of Executives in the City Service. One of the elements of the Management Plan was the selection of an executive search consultant to assist with certain management vacancies. Tonight's action recommends approval of a resolution authorizing the City Manager to enter into a consulting agreement with Shannon Executive Search to assist in the selection of a Fire Chief. Mr. Shannon has particular familiarity with a nationwide candidate pool of fire chiefs. Environmental Review ✓ N/A Financial Statement As per Council action in approving the revised Management Plan, Fund Balance and the Contingency Fund will be used as necessary to fund this and subsequent consult- ing agreements. Costs shall not exceed $25,000 without prior authorization of the City Manager. Account No. N/A STAFF RECOMMENDATION Adopt the resolution and authorize the City Manager to sign the Agreement. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. 2004-39 A-200 (9/80) RESOLUTION NO. 2004 — 39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SHANNON EXECUTIVE SEARCH TO PERFORM EXECUTIVE SEARCH SERVICES FOR THE POSITION OF FIRE CHIEF WHEREAS, the City desires to employ a consultant to perform professional executive recruiting services for the position of Fire Chief; and WHEREAS, the City has determined that Shannon Executive Search is a executive recruiting company and is qualified by experience and ability to perform the services desired by the City, and Shannon Executive Search is willing to perform such services NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Manager to execute on behalf of the City an Agreement with Shannon Executive Search to perform professional executive recruiting services for the position of Fire Chief. Said Agreement is on file in the office of the City Clerk. PASSED AND ADOPTED this 2nd day of March, 2004. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney By: I' R�dolf Hradeky Senior Assistant City Attorney City of National City, California COUNCIL AGENDA STATEMENT zETING DATE March 02, 2004 AGENDA ITEM NO, 11 ITEM TITLE WARRANT REGISTER #33 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #33 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: WG�' '� Finance Dip*ctor Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,484,149.41. BOARD / COMMISSION COMMENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #33 2. Workers Comp Warrant Register dated 02/11/04 3. Payroll Warrant Register dated 02/11/04 zcc iG ss� Resolution No, City of National City, California COUNCIL AGENDA STATEMENT FETING DATE March 02, 2004 AGENDA ITEM NO. 12 ITEM TITLE WARRANT REGISTER #34 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #34 per Government Section Code 37208. Environmental Review Financial Statement Not applicable. N/A Approved By: Finance Direc Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,457,483.39. BOARD / COMMISSION RECOMMENDATION /t_dei4.GoLex. ATTACHMENTS ( Listed Below ) 1. Warrant Register #34 2. Workers Comp Warrant Register dated 02/18/04 Resolution No. A-200 i990) MEETING DATE IT RES rnENT TO THE GENERAL PLAN FOR CONVERSION OF HOTELS AND MOTELS TO RESIDENTIAL USE AT HIGHER DENSITIES THAN PERMITTED FOR NEW CONSTRUCTION, AND TO CHANGE THE COMBINED GENERAL PLAN/ZONING MAP FROM RS-1 TO IP-PD FOR TWO ACRES AT 5800 BOXER ROAD. (APPLICANTS: PACIFICA COMPANIES, AND CINGULAR WIRELESS) (CASE FILE NOS. GP 2003-2, GP-2003-5) PREPARED Y DEPARTMENT EXT. Roger Post, 36-4310 Planning City of National City, California COUNCIL AGENDA STATEMENT March 2, 2004 *REFER TO ITEM #14 AGENDA ITEM NO. 13 EXPLANATION The attached resolution is needed to carry out City Council's action approving the following changes to the General Plan: • Adoption of a new policy that will allow conversion of hotels and motels to residential use at higher densities than otherwise permitted for new construction. This was requested by Pacifica Companies to enable conversion of the Red Lion Inn to condominiums. Separate, related agenda items include an ordinance amending Title 18 of the Municipal Code, and a Resolution approving a Tentative Subdivision Map and Conditional Use Permit for the Red Lion conversion. T • Amendment to the Combined General Plan/Zoning Map from RS-1 (Single -Family Residential) to IP-PD (Private Institutional -Planned Development) for two acres at 5800 Boxer Road. This was requested by Cingular Wireless for its proposed facility. An ordinance rezoning the property is also required and is provided in a separate agenda item. These changes together make up the first General Plan Amendment this year. State law permits four Amendments per year. Environmental Review x N/A Exempt MIS Approval Financial Statement N/A Approved By: Finance Director Account No, STAFF RECOMMENDATION Adopt the attached resolution. BOARD COM I SI N RE M ENDATI N N/A ATTACHMENTS ( Listed 1. Resolution 2. Exhibit A (GP-2003-5 /ZC-2003-4) Resolution No, 2004-40 A-200 (Rev. 7/03) RESOLUTION NO. 2004 — 40 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN AMENDMENT TO THE GENERAL PLAN TO ALLOW CONVERSION OF HOTELS AND MOTELS TO RESIDENTIAL USE AT HIGHER DENSITIES THAN PERMITTED FOR NEW CONSTRUCTION, AND TO CHANGE THE COMBINED GENERAL PLAN/ZONING MAP FROM RS-1 TO IP-PD FOR TWO ACRES AT 5800 BOXER ROAD APPLICANTS: PACIFICA COMPANIES AND CINGULAR WIRELESS CASE FILE NOS. GP-2003-2, GP-2003-5 WHEREAS, the City Council considered the recommendation and findings of the Planning Commission, along with evidence and testimony presented at the duly advertised public hearings held by the City Council on January 20, 2004, and February 17, 2004, regarding the following changes to the General Plan: • GP-2003-2 requested by Pacifica Companies regarding the conversion of hotels and motels to residential use at higher densities than permitted for new construction, and • GP-2003-5, requested by Cingular Wireless to change the Combined General Plan/Zoning Map from RS-1 (Single -Family Residential) to IP-PD (Private Institutional -Planned Development) for two acres at 5800 Boxer Road WHEREAS, the Planning Commission and City Council have caused and duly held studies and proceedings for the timely amendment to the General Plan of the City of National City, pursuant to Title 7, Chapter 3, Article 6 of the Government Code of the State of California, and WHEREAS, the Planning Commission at duly advertised public hearings held on December 1, 2003, and December 15, 2003, considered the proposed changes to the General Plan of the City of National City, along with all evidence and testimony presented at said ' hearings, and along with the proposed Negative Declaration for said change to the Combined General Plan/Zoning Map together with any comments received; and WHEREAS, the change to the General Plan is exempt from the California Environmental Quality Act with regard to the conversion of hotels and motels to residential use at higher densities than permitted for new construction, on the basis that that there is no possibility that the proposal will have a significant environmental effect. The amendment would allow for long-term, residential occupancy and ownership of individual units, in lieu of short-term, visitor or tourist occupancy of existing hotel suites, rather than result in new construction. The need for environmental review for specific conversions would be assessed on a case by case basis, for specific projects. Physical changes would be associated with upgrading existing properties to facilitate the conversions. In most cases, it is anticipated that such changes would also be exempt from environmental review, as they would result in no or negligible expansion of use; and WHEREAS, the City Council recognizes the need and desirability to conduct reviews of, and consider amendments to, the General Plan to accommodate the changing needs of the community. Resolution 2004 — 40 March 2, 2004 Page Two NOW, THEREFORE BE IT RESOLVED that the City Council has considered the proposed Negative Declaration No. IS-2003-9, which addresses said change to the Combined General Plan/Zoning Map from RS-1 to IP-PD together with any comments received during the public review process, and finds on the basis of the whole record (including the Initial Study and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis, and hereby approves the Negative Declaration and authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that the City Council finds that the proposed amendment to the General Plan, Housing Element and Land Use Code, which will provide procedures for conversion of hotels and motels to residential use at higher densities than permitted for new construction, is in the public interest and consistent with General Plan policies, since it will provide increased opportunities for home -ownership at all income levels, and case by case review will permit the City to require necessary upgrading of the existing buildings. BE IT FURTHER RESOLVED that the City Council finds that the proposed change to the Combined General Plan/Zoning Map is in the public interest, since it will apply an Institutional Zone that more closely reflects the existing use of the property, will allow for conditional approval of a wireless communications facility on an existing water tank while avoiding the precedent of approving a wireless communications facility in a Residential Zone, and ensures protection of the nearby residential uses and natural resources by requiring case by case review for approval of future development proposals. BE IT FURTHER RESOLVED that the City Council hereby amends the General Plan and Housing Element by adding the following policy, as Policy X-1 in Chapter IV (Housing) of the General Plan and as Policy 4.9 in the Housing Element, to read as follows: Consider, on a case -by -case -basis, the conversion of existing hotels and motels to residential use, allowing for higher density than permitted for new housing, in order to increase housing opportunities while maintaining or enhancing the character of adjacent neighborhoods and commercial areas. BE IT FURTHER RESOLVED that the City Council hereby amends the Combined General Plan/Zoning Map from RS-1 (Single -Family Residential) to lP-PD (Private Institutional -Planned Development), as further described by case file exhibits (GP-2003-5/ZC- 2003-4) on file in the Office of the City Clerk as Exhibit "A". --- Signature Page to Follow --- Resolution No. 2004 — 40 March 2, 2004 Page Three PASSED and ADOPTED this 2nd day of March, 2004. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney By: doff Hradecky Senior Assistant City Attorney Nick Inzunza., Mayor AMENDMENT AREA 100 0 100 Feet ZONE BOUNDARY — CITY BOUNDARY LOCATION MAP Amendment of the Combined General Plan/ Zoning Ma from RS-1 to IP-PD NATIO GP-2003-5/ZC-2003 IS-2003-9 AL CITY PL, r NI G DRN. DATE: 12/3/03 INITIAL HEARING: 12/15/03 EXHIBIT "A" AMENDMENT AREA ZONE BOUNDARY 100 0 100 Feet CITY BOUNDARY Amendment of the Combined General Plan! GP-2003-5/ZC-2003 Zoning Map from RS-1 to IP-PD IS-2003-9 NATIONAL CITY PLANNIN DRN. DATE: 12/3/03 INITIAL HEARING: 12/15/03 EXHIBIT "A" City of National City, California COUNCIL AGENDA STATE ENT I IEETING DATE March 2, 2004 **REFER TO ITEM #13 AGENDA ITEM NO. 14 (-ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE FROM RS-1 (SINGLE- 1 FAMILY RESIDENTIAL) TO IP-PD (PRIVATE INSTITUTIONAL -PLANNED DEVELOPMENT) FOR A TWO ACRE SITE AT 5800 BOXER ROAD (APPLICANT: CINGULAR WIRELESS) (CASE FILE NO.: GP-2003-5/ZC- 2003-4) PREPARED Y PCP DEPARTMENT EXT. Roger G. Post, 336-4310 Planning EXPLANATIO The City Council conducted a public hearing on January 20, 2004 and approved the rezoning of a two acre property (5800 Boxer Road) at the top of the hill south of Paradise Valley Road at the eastern City Boundary from Single -Family Residential (RS-1) to Private Institutional -Planned Development (IP-PD). The attached ordinance is needed to carry out Council's action. A resolution amending the General Plan land use designation of the property is also needed and is provided as a separate agenda item for the this meeting; the resolution is for both the above described amendment and the amendment approved for the Red Lion property. Environmental Review N/A Negative Declaration MIS Ap proval Financial Statement N/A STAFF RECOMMENDATION Adopt the proposed Ordinance. Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION N/A ATT (Jrdi ahN S 1 Listed Below j 2. Location Map Resolution No. A-200 (.Rev. 7/03) ORDINANCE NO. 2004 — ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE FROM RS-1 (SINGLE-FAMILY RESIDENTIAL) TO IP-PD (PRIVATE INSTITUTIONAL -PLANNED DEVELOPMENT) FOR A 2 ACRE SITE AT 5800 BOXER ROAD APPLICANT: CINGULAR WIRELESS CASE FILE NOS. GP-2003-5/ZC-2003-4 WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the rezoping of the parcels of real property, hereinafter described, and for the amendment of the General Plan of the City of National City; and WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission of National City and also by the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and WHEREAS, the Planning Commission of National City has regularly and duly certified to the City Council its report and has recommended such rezoning and such amendment; and WHEREAS, the City Council found that on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment and adopted a proposed Negative Declaration which addresses both said General Plan amendment and rezoning; and WHEREAS, the City Council finds the rezoning consistent with and necessary to implement the General Plan, since it will result in residential areas being protected from incompatible wireless communications facilities, and since the Planned Development Overlay zone will ensure that on a case by case basis all new development will be found suitable for the site and lacking the potential to adversely impact the existing residential neighborhood or natural resources in the area. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City, California as follows: Section 1. the General Plan, Section 2. follows: All protests, if any, against said rezoning and said amendment to and each of them be and hereby are denied and overruled. That all the real property described below is hereby rezoned as Ordinance No. 2004 — Page Two From RS-1 (Single -Family . Residential) to IP-PD (Private Institutional -Planned Development) for a 2 acre site at 5800 Boxer Road, as described by case file exhibit (GP003-5/ZC-2003-4) on file in the office of the City Clerk as Exhibit "A"; and Section 3. That a Notice of Determination shall be filed indicating that the rezoning will not have a significant effect on the environment. PASSED AND ADOPTED this day of , 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney AMENDMENT AREA ZONE BOUNDARY ATION MAP Amendment of the Combined General Plan/ Zoning Map from RS-1 to IP-PD NATIONAL CITY PLA 100 0 100 Feet CITY BOUNDARY DRN. DATE: 12/3/03 GP-2003-5/ZC-2003-e INITIAL IS-2003-9 HEARING: 12/15/03 NN!NG EXHIBIT sages ( Environmental Review EXPLANATION FETING DATE City of National City, California COUNCIL AGENDA STATEMENT March 2, 2004 INANCE OF CITY COUNCIL ITAMTLE ENll G AN TITLE 18D(LAND USE) OFETHE ATIONAL CITY MUNICIPAL CODE REGARDING CONVERSION OF HOTELS AND MOTELS TO RESIDENTIAL USE AT HIGHER DENSITIES THAN PERMITTED FOR NEW CONSTRUCTION. (APPLICANT: PACIFICA COMPANIES) (CASE FILE NO. A- 2003-4) PREPARED BYe.ceDEPARTMENT EXT. Roger Post, 336-4310 Planning AGENDA ITEM NO. 15 The City Council, after conducting a public hearing on January 20 and February 17, approved a Code Amendment to allow conversion of hotels and motels to residential use at higher densities than permitted for new construction. The attached ordinance is needed to carry out this action. The City Council also adopted a General Plan Amendment concerning hotel and motel conversions and approved the proposed conversion of the Red Lion Inn to condominiums. These actions involve resolutions that are included in separate Council agenda statements. i (-Financial Statement N/A N/A Exempt MIS Approval Approved By: Finance Director Account No. / STAFF RECOMMENDATION Adopt the attached ordinance. BOARD I COMMISSION RECOMMENDATION N/A MTACHMENTS ( Listed Below r Ordinance A-200 (Rev. 7/03)— Resolution No. ORDINANCE NO. 2004 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING TITLE 18 (LAND USE) BY ADDING CHAPTER 18.77 AND CHAPTER 18.74 REGARDING CONVERSION OF HOTELS AND MOTELS TO RESIDENTIAL USE AT HIGHER DENSITIES THAN PERMITTED FOR NEW CONSTRUCTION APPLICANT: PACIFICA COMPANIES CASE FILE NOS. A-2003-4 WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the General Plan of the City of National City, and for the amendment of the National City Municipal Code; and WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission of National City and also by the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and WHEREAS, the Planning Commission of National City has regularly and duly certified to the City Council its report and recommendation on such amendment; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City, California as follows: Section 1. All protests, if any, against said amendment to Title 18 of the Municipal Code and each of them be and hereby are denied and overruled. Section 2. That Title 18 of the National City Municipal Code is amended by adding Chapter 18.77 to read as follows: Sections: 18.77.010 18.77.020 18.77.030 18.77.040 18.77.050 CHAPTER 18.77 CONVERSIONS OF HOTELS AND MOTELS TO RESIDENTIAL USE Conversions of hotels and motels generally Number of dwelling units allowed Compliance with zoning regulations --Exceptions Design and aesthetics Additional conditions for conversion of hotels and motels to condominiums 18.77.010 Conversions of hotels and motels generally. A hotel or motel may be converted to a residential use, if located in a commercial zone where the residential use is permitted, with the issuance of a conditional use permit, in accordance with Chapter 18.116 of this title and subject to the provisions of this chapter. 18.77.020 Number of dwelling units allowed. The maximum number of dwelling units which may be permitted shall be limited to the number of existing motel rooms or units; or the maximum permitted for residential use in the commercial zones, pursuant to Chapter 18.140, whichever is greater. 18.77.030 Compliance with zoning regulations --Exceptions. All other provisions of this title shall be complied with. Hols and motels converted to residential use shall comply with residential design standards specified in Section 18.14.190 of this title; however, exceptions to the design standards may be granted with the issuance of a conditional use permit. 18.77.040 Design and aesthetics. In the approval of any plans for the conversion of a hotel or motel to residential use, the planning commission shall take into consideration the architectural design of the structure, as well as the aesthetic quality of the structure and the property, and determine that the proposal conforms with the City's adopted Design Guidelines, unless exceptions are warranted. 18.77.050 Additional conditions for conversion of hotels and motels to condominiums. The conversion of existing hotels or motels to condominiums, community projects, or stock cooperatives may be permitted if the conditions specified in Section 18.74.020 are satisfied, excluding subsection C. Section 3. That Title 18 of the National City Municipal Code is amended by adding Chapter 18.74, Section 18.74.021 to read as follows: 18.74.021 Conversion of hotels, and motels to residential condominiums. Proposals for conversion of hotels and motels to residential condominiums shall comply with requirements of Section 18.74.020, requirements , for condominium conversions, except for Subsection C regarding notice to tenants for the right to purchase their units. In addition, proposals for conversion of hotels and motels to residential condominiums shall comply with requirements specified in Chapter 18.77 of this Title. Section 4. That the City Council finds that the amendment to the General Plan, Housing Element and Title 18 of the Municipal Code, which will provide procedures for conversion of hotels and motels to residential use at higher densities than permitted for new construction, is in the public interest and consistent with General Plan policies, since it will provide increased opportunities for home -ownership at all income levels, and case by case review will permit the City to require necessary upgrading of the existing buildings. Section 5. That the City Council further finds that the amendment will not affect the following findings made for certification of the Housing Element: 1. The updated Housing Element substantially complies with the provisions of Article 10.6 of the California Government Code, including addressing the needs of all income levels. 2. The City has met its fair share of the regional housing needs for the 1991-1999 Housing Element cycle, as determined by the San Diego Association of Governments. City and SANDAG records show that the City assisted 396 lower income households between 1991 and 1996, or more than ten times its fair share for the Housing Element cycle. 2 3. The updated Housing Element addresses the dispersion of lower income housing within the City. The Element contains housing goals, policies and programs to achieve a wide variety of housing throughout the City. This is consistent with the criterion that there be additional opportunities for affordable housing not only in areas within the City where concentrations of lower income households already exist, taking into account the availability of necessary public facilities and infrastructure. 4. No City actions or policies prevent the development of the identified sites pursuant to California Govemment Code Section 65583, or accommodation of the City's share of the total regional housing need, pursuant to Section 65584. As documented in the updated Housing Element, the City has sufficient vacant land for construction of housing needed for all household income levels, in accordance with estimates adopted by the San Diego Regional Association of Governments. No govemmental constraints have been identified that would limit construction on the properties affordable to all household income levels. Section 6. That the City Council further finds that the amendment will provide for the potential to revitalize commercial areas, encourage improvements to existing buildings and increase the level of assessed valuation in the City to further help ensure an adequate tax base to support public programs. Section 7. That the proposed amendment to the General Plan, Housing Element, and Title 18 is exempt from the Califomia Environmental Quality Act (CEQA), on the basis that there is no possibility that the proposal will have a significant environmental effect. The amendments would allow for long-term, residential occupancy and ownership of individual units, in lieu of short-term, visitor or tourist occupancy of existing hotel suites, rather than result in new construction. The need for environmental review for specific conversions would be assessed on a case by case basis, for specific projects. Physical changes would be associated with upgrading existing properties to facilitate the conversions. In most cases, it is anticipated that such changes would also be exempt from environmental review, as they would result in no or negligible expansion of use. PASSED and ADOPTED this day of , 2004. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiiser, III City Attorney 3 Nick Inzunza, Mayor City of National City, California COUNCIL AGENDA STATEMENT . ETING DATE March 2, 2004 AGENDA ITEM NO. 16_ (-ITEM TITLE AN ORDINANCE AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING TITLE 1, CHAPTER 1.36 PERTAINING TO ABATEMENT OF PUBLIC NUISANCES, ADDING CHAPTER 1.41 PERTAINING TO COST RECOVERY FOR CODE ENFORCEMENT AND EMERGENCY RESPONSE SERVICES, ADDING CHAPTER 1.42 PERTAINING TO ADMINISTRATIVE HEARINGS, AND AMENDING CHAPTER 1.44 PERTAINING TO ADMINISTRATIVE CITATIONS PREPARED BY EXPLANATION Rudolf Hradecky (EXT.4222) DEPARTMENT Please see attached staff report. City Attorney pi Environmental Review X N/A Financial Statement There is no cost to the City. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Staff Report Proposed Ordinance Resolution No. A-200 (9. 99) STAFF REPORT ORDINANCE: AN ORDINANCE AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING TITLE 1, CHAPTER 1.36 PERTAINING TO ABATEMENT OF PUBLIC NUISANCES, ADDING CHAPTER 1.41 PERTAINING TO COST RECOVERY FOR CODE ENFORCEMENT AND EMERGENCY RESPONSE SERVICES, ADDING CHAPTER 1.42 PERTAINING TO ADMINISTRATIVE HEARINGS, AND AMENDING CHAPTER 1.44 PERTAINING TO ADMINISTRATIVE CITATIONS EXPLANATION: Staff recommends that the City Council adopt this ordinance which will enhance procedures for code enforcement. It has been developed with the cooperation of the Planning, Building and Safety, and Fire Departments. Section 1 of the ordinance amends section 1.36.020, to provide that building or engineering permits for correction of code violations will be time limitedto a maximum of 90 days, except when the administrating department authorizes an extension. If this restriction was not in effect, a violator could prolong the remediation by doing periodic but sporadic work. The amendment remedies this anomaly. The amendment further allows for the prompt recording of a Notice of Violation against real property where serious violations exist, as soon as it is apparent that the violation cannot or will not be timely or readily corrected. The purpose is to prevent fraud on unsuspecting purchasers of real property. Section 2 adds Chapter 1.41 regarding cost recovery for code enforcement and emergency response services. The purpose is to apportion liability for costs to a responsible party as much as possible instead of the taxpayers. The chapter incorporates various state law and tort law concepts into a collated version that provides a handy reference for administering departments, mostly police and fire. It also memorializes procedures for assessing reinspection fees for subsequent inspection on code violations, when not corrected the first time —thus reinforcing concepts of voluntary compliance. Chapter 1.41 further authorizes the City Attorney to bring civil actions for restitution, based on the City's full costs for response or remediation. Sections 1.41.060 and 1.41.070 will supplement the provisions for the recordation of notices of serious code violations, and the issuance of permits for correction, and further allows for withholding of permits, except those necessary to correct code violations, if there is any indebtedness owing to the City against the affected real property. Section 3 adds Chapter 1.42, which provides for an administrative hearing process that may be used as a supplement to, or substitute for, the various types of administrative procedures that have been engrafted into the Municipal Code over the years. This Chapter offers the potential for uniformity and gaining familiarity with administrative process so as to enable and encourage City staff to be more productive. This Chapter may not be used for land use proceedings under Title 18, however. Section 4 fine tunes the administrative citation process already existent in Chapter 1.44. Under the revision, administrative citations may now be issued for non - continuing violations as well as the continuing violations. Included in this new category would be animal control violations, business licensing and stormwater violations. It would not be applicable to parking violations which are prescribed by the Vehicle Code. The procedure authorizes reinspection fees if the violation is not corrected by the due date. The revisions also clarify some of the existing procedures in order to make them more productive. 2 ORDINANCE NO. 2004 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING TITLE 1, CHAPTER 1.36 PERTAINING TO ABATEMENT OF PUBLIC NUISANCES, ADDING CHAPTER 1.41 PERTAINING TO COST RECOVERY FOR CODE ENFORCEMENT AND EMERGENCY RESPONSE SERVICES, ADDING CHAPTER 1.42 PERTAINING TO ADMINISTRATIVE HEARINGS, AND AMENDING CHAPTER 1.44 PERTAINING TO ADMINISTRATIVE CITATIONS BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended as follows: Section 1. That Title 1 is amended by amending Chapter 1.36, Section 1.36.020 to read as follows: 1.36.020 Abatement Procedures --Authorized. A through C -- No change. D. Any building or engineering permit that is issued to correct a public nuisance violation shall not be subject to the normal six month permit duration and expiration established under section 15.08.045. An administering official may require corrective work to commence within thirty (30) calendar days following permit issuance and proceed to completion ninety (90) calendar days thereafter, at which time the permit shall expire, unless extended for good cause by the appropriate administering official. The administering official shall notify all responsible parties of the deadlines for compliance. Issuance of a permit shall not bar initiation of civil or criminal enforcement proceedings against a responsible party for maintenance of the nuisance by failure to diligently correct the violation. E. A Notice of Public Nuisance should be promptly recorded against real property on which a serious public nuisance exists in order to prevent interim transfer to an unsuspecting purchaser and interference with the abatement process. Recordation should occur as soon as it is evident that the violation cannot or will not be timely or readily corrected. Sale or transfer shall neither extinguish the liability of the transferor responsible for the public nuisance nor any pending enforcement action against that violator, and any transferee, upon notice or later notification, shall become jointly responsible for abatement of the violation against that property. Without limiting the applicability of this subsection, a public nuisance is considered serious when it affects the fire and life safety or structural or habitability condition of a building or violates excavation or land grading requirements. follows: Section 2. That Title 1 is amended by adding Chapter 1.41 to read as Chapter 1.41 COST RECOVERY FOR CODE ENFORCEMENT AND EMERGENCY RESPONSE SERVICES Sections: 1.41.010 Purpose and intent 1.41.020 Administration 1.41.030 Definitions 1.41.040 Emergency response cost recovery 1.41.050 Cost recovery for reinspection services for code enforcement and public nuisance abatement on real property 1.41.060 Recordation and release of notices of violation 1.41.070 Withholding of licenses or permits for indebtedness to city related to. use of property 1.41.080 Collection 1.41.090 Effect of criminal or civil proceedings on cost recovery or permit issuance 1.41.010 Purpose and Intent. The City of National City provides services to the community funded through the General Fund by tax revenues. Reimbursement may be sought for the increased costs of providing such services, whenever practicable, from parties who, by reason of neglect or malfeasance, cause incidents requiring police, fire and rescue services, or cause increased costs to the city for gaining compliance with municipal ordinances.. Cost recovery is a mechanism whereby these costs may be levied upon responsible parties, rather than the taxpayers of National City. To accomplish this, the City of National City hereby establishes an omnibus cost recovery procedure in this chapter. 1.41.020 Administration. The administration of this chapter is under the direction of the city manager and, by delegation, the finance director. Each department director is responsible for tracking costs associated with cost recovery for matters under their respective cognizance and forwarding cost recovery invoices to the finance director. The procedures set out in this chapter should be followed, as appropriate, without further council direction. 1.41.030 Definitions. A. "Expense of an emergency response" means the costs incurred by the City of National City in making an appropriate emergency response to an incident defined in Section 1.41.040. It consists of all costs directly arising because of the particular incident, including, but not limited to the actual costs of providing police, firefighting, hazardous material management, rescue and emergency medical services at the scene of the incident, as well as the actual salaries and fringe benefits of the personnel responding to the incident. Recoverable costs also include the actual costs for damage or destruction to City of National City property, any utility or service charges to the city from other public agencies resulting from the incident, and the actual cost of medical treatment for any city personnel injured during the response. B. "Intentionally wrongful conduct" means conduct intended to injure another person or property. 2 C. The term "responsible party" or `responsible person" within Chapter 1.41 means any person: 1) who, by law is liable or made responsible for the payment to a governmental agency of its costs and expenses in providing police, fire, rescue and related emergency services; 2) whose negligent or intentionally wrongful conduct proximately causes an incident affecting public health or safety which necessitates an emergency response or rescue effort by a governmental agency to deal with or prevent injury to persons or damage to property; 3) any person who is indebted to the city by virtue of a duty, charge, tax or revenue imposed by law or ordinance; and, 4), any person defined in section 1.36.010 . If a responsible party is a minor, the parent or guardian of that minor shall be jointly and severally liable with the minor for the expense of an emergency response, as allowed by law. D. The term "actual cost(s)" includes applicable city charges for personnel salaries and overhead costs as contained in the National City Fee Schedule. 1.41.040 Emergency response cost recovery. A. Cost Recovery to recover the actual expenses of an emergency response or personnel injury from a responsible party may be initiated under the following situations: 1. Pursuant to Government Code Sections 53150, et seq., each person who is under the influence of an alcoholic beverage or any drug, or their combined influence, and whose negligent operation of a motor vehicle, boat, vessel, or aircraft caused by that influence proximately causes any incident resulting in an emergency response, or whose intentionally wrongful conduct proximately causes any incident resulting in an emergency response shall be liable to the city for the expense of that emergency response, not to exceed one thousand dollars ($1000.00) pursuant to Government Code section 53155, or any higher amount as may from time to time be established by law. 2. The expense of an emergency response for the containment, confinement and/or mitigation of a hazardous substance or materiel release or threat pursuant to Health and Safety Code Section 13009.6. 3. The expense of an emergency response for fire suppression activity from a responsible party for the intentional setting of fire or the spread of fire to adjoining properties, or for fire suppression costs on occupied or mortgaged property against which a current, uncorrected notice of violation of a fire hazard has been issued pursuant to Health and Safety Code Sections 13009 and 13009.1. 4. The costs of second and subsequent police responses pursuant to Chapter 10.46 from responsible parties for organizing and failing to maintain an orderly event on private property in compliance with law. 5. The expense of an emergency response for the rescue or medical treatment, or both, of persons placed in jeopardy or injured by the negligence or intentionally wrongful conduct of a responsible party. 6. The expenses for injury to public safety personnel authorized pursuant to Civil Code section 1714.9 or Labor Code section 3852, or for damage to public property. Any limitation on liability under Government Code Section 53155 noted in subsection Al shall not apply to any separate recovery for damage to public property or injury to city personnel which was directly or proximately caused by the acts or omissions of a responsible party. 3 B. The director of finance shall charge the expense of an emergency response to each responsible party based on cost data submitted by a department director. The charge constitutes a debt to the City of National City, and may be collected by the City in the same manner as in the case of an obligation to a municipality under a contract, expressed or implied. 1.41.050 Cost recovery for reinspection services for code enforcement and public nuisance abatement on real property. A. Reinspection fees may be assessed as follows: 1. Reinspection fees may be charged to a responsible party for each subsequent reinspection and all succeeding reinspections for code violations which are not brought into compliance by the first regularly scheduled inspection after a notice of violation or administrative citation is issued by any building inspector, fire inspector or code compliance officer. Reinspection fees shall not be charged when the violation is brought into compliance prior to the first regularly scheduled inspection, or any authorized extension of that first inspection. 2. The initial notice of violation or administrative citation shall advise each responsible party that reinspection fees may be charged for each subsequent reinspection if the violation is not corrected prior to the first regularly scheduled inspection following issuance of the notice of violation or administrative citation. 3. Reinspection fees shall be based upon the average hourly salary rate and overhead for inspection services, computed on a one hour minimum charge for each reinspection. Reinspection fees may be posted in the National City Fee Schedule. 4. Depending on the seriousness of the violation, a minimum period for compliance may be prescribed and allowed for the first inspection following issuance of the notice of violation or administrative citation. Except for building code violations or conditions affecting immediate fire and life safety, the correction period shall not be less than ten (10) days, nor exceed thirty (30) days. Building code violations shall allow for a thirty (30) day correction period. Conditions affecting immediate fire or life safety concerns may require an immediate shutdown of the premises, or the affected portion if feasible, until correction is made, coupled with a defined period for compliance and reinspection, not to exceed thirty (30) days. 5. Payment of reinspection fees shall not bar any criminal, civil or administrative action or penalty applicable to the violation. B. The city attorney is authorized to seek restitution from responsible parties against whom civil, criminal, or administrative action is initiated for public nuisance abatement. Restitution shall be based on the full, direct costs of abatement services, and the average hourly salary rates and overhead of all enforcement personnel involved in the abatement process, as reflected in the National City Fee Schedule. Direct costs shall also include costs for legal services, based on actual billings for legal services or, when performed by the city attorney, the charges for comparable, customary hourly attorney fees charged in San Diego County. C. Upon prior notice to a responsible party, cost recovery for the full costs of abatement of a public nuisance may also be accomplished through an assessment lien adopted by resolution of the city council and filed with the county assessor against the real property interests of that responsible party. 4 1.41.060 Recordation and release of notices of violation. A. After the issuance of a notice of violation or administrative citation affecting the use oroccupancy of real property, a notice of violation may be recorded with the county recorder as an existing public nuisance against that property in the real property records of the County of San Diego as soon as it is determined that compliance is not forthcoming, or that the condition is serious enough to warrant immediate action. Normally, recordation should not precede the date of the first inspection set out in the notice of violation or administrative citation, except for serious violations. Without limiting the applicability of this subsection, a public nuisance may be considered serious when it affects the fire and life safety or structural or habitability condition of a building or violates excavation or land grading requirements. The property owner shall be given ten (10) calendar days advance notice of the intention to record and an opportunity to show why the recordation of the violation should not be made, before the violation may be recorded against that owners property interest. Unless successfully protested, the violation shall thereafter be promptly recorded. Procedures for any requested hearing and related action are outlined in Chapter 1.42. B. Once the violation against the property is corrected and any costs of abatement have been recovered, the city manager or designate shall promptly execute a Notice of Correction releasing the prior public nuisance recordation and deliver it to the property owner for recording. No fee shall be charged for issuing the release, nor shall the city be responsible for recording the release. 1.41.070 Withholding of licenses or permits for indebtedness to city related to use of property. A. Except for those permits necessary to correct code violations, any business or residential rental tax license, development permit or building permit may be withheld or final inspection be postponed until payment to the city of any indebtedness for delinquent taxes, fees or sewer charges applicable to the use of the property for which the indebtedness was incurred. Processing may continue after all delinquencies are paid or a written agreement is executed with the finance director to pay the delinquencies and any interest and penalties due in monthly installments, or more often, over a period not to exceed one year. B. The execution of an agreement under subsection A shall not excuse previously accrued penalties or interest against the account, but additional penalties or interest may not accrue on amounts included in the agreement while the debtor is not in breach of the agreement. If, however, a default in payment occurs, then the additional penalties and interest may reattach back to the date of execution of the agreement and shall become due and payable; any permit that was issued in reliance on the agreement shall be suspended or revoked pending full payment of the indebtedness, except to the extent necessary to allow correction of existing violations. 1.41.080 Collection. A. Whenever charges for cost recovery are not paid within a reasonable time following demand, the Director of Finance and the City Attorney, as applicable, are authorized to prosecute the claim to judgment in an appropriate court with jurisdiction and to take any other action appropriate forcollection without further direction from the City council after demand has been refused. The Council shall be notified when litigation is initiated. 5 B. The city attorney is authorized to collect any amounts due by civil or administrative action, or both, together with all costs incurred in the collection of that indebtedness after demand for payment has been refused. Costs for legal services shall be based on actual billings for legal services or, when performed by the City Attorney, the charges for comparable and customary hourly attorney fees charged in San Diego County. C. Recovery of costs for emergency; response is in addition to any separate right of the City to recover costs and damages from a responsible party whose negligence or wrongful conduct causes damage or injury to public property or personnel, or both, pursuant to Civil Code section 1714.9 or Labor Code section 3852. D. Cost recovery may also be initiated by means of an assessment lien adopted by the City Council upon prior notice to a responsible party for the costs of nuisance abatement or the amount of an administrative citation or administrative penalty issued against or pertaining to the real property which is the subject of the associated enforcement action. 1.41.090 Effect of criminal or civil proceedings on cost recovery or permit issuance. The initiation of administrative or civil proceedings for cost recovery does not bar the criminal prosecution of a responsible party for the associated violation. Similarly, criminal prosecution does not bar administrativeor civil collection for cost recovery for the violation giving rise to the criminal prosecution. The existence of an issued permit shall not bar civil or criminal enforcement proceedings when corrective work under that permit is not proceeding diligently to completion. Section 3. That Title 1 is amended by adding chapter 1.42 to read as follows: Sections: 1.42.010 1.42.020 1.42.030 1.42.040 CHAPTER 1.42 ADMINISTRATIVE HEARING PROCEDURE AND PROCESS Purpose and intent Administrative process Service of notices or orders Administrative hearing procedure 1.42.010 Purpose and intent. These procedures may be used to supplement or substitute for any administrative hearing or hearing procedure prescribed elsewhere in this Municipal Code, except those required under Title 18 for land use hearings and appeals. The requirements and procedures of this Chapter are applicable to administrative procedures and hearings regarding the denial, modification, suspension or revocation of a permit, license or entitlement. The procedures under this Chapter 1.42 may be used to substitute for administrative hearing procedures that are prescribed for the 6 abatement of a public nuisance, the imposition of an administrative fine or penalty, or an administrative appeals procedure. Except for proceedings under Title 18, this authority includes, but is not limited to, the procedures set forth in Chapters 1.36, 1.41, 1.44, 1.48, 6.04, 7.32, 8.16, 10.70 or Title 15 of the Municipal Code. The procedures of this chapter 1.40 shall not displace any requirement in those chapters regarding the deposit of any fine or penalty prescribed as a precondition of the administrative review process. 1.40.020 Administrative process. A. Notice pursuant to Section 1.42.030 shall be served upon any responsible party or any party whose permit, license or entitlement has been denied or is to be suspended or revoked, or against whom nuisance abatement action, administrative citation or administrative penalty action is proposed. The party shall be allowed ten (10) calendar days after notification to request an administrative hearing to appeal or contest the proposed action before it will become final. Unless waived by the city manager, the deposit of any fines or penalties is required. The proposed action or order by the City manager, department director or designate becomes final and conclusive if not appealed or contested within that time. B. Except for actions affecting immediate fire and life safety concerns, the proposed action or order shall be stayed only for the duration of any time allotted for requesting an appeal, and, if appealed, shall be stayed until the review by the city manager of a decision by a hearing examiner pursuant to Section 1.42.020F. Conditions affecting immediate fire and life safety may be summarily abated by city or contract forces, but only to the extent that the action taken is limited to removing only that condition or portion thereof that affects or constitutes an immediate fire or life safety concern. Other aspects of the nuisance condition that are not of an immediate concern shall be subject to due course abatement process. C. Upon the filing of a request for a hearing or appeal, the City manager or department director may appoint a hearing examiner who shall be neutral and unbiased as to the matter in contention. The hearing examiner may be appointed from city staff or from outside sources. Experience in the general subject matter of the appeal is desirable, but is not a prerequisite. D. The hearing examiner shall notify the appellant of the time and place for the hearing in accordance with Section 1.42.030, allowing a minimum of ten (10) calendar days before the hearing is to be held. E. The hearing examiner shall conduct the administrative hearing in accordance with Section 1.42.040. Written findings affirming or denying the action appealed from shall be issued within fifteen (15) calendar days after the conclusion of the hearing to all parties, unless the appeal or request for hearing is withdrawn by the requesting party. The hearing examiner may recommend conditions and deadlines for corrective action and may further recommend modification of the action below, or reduction, waiver or conditional suspension of any fines or penalties proposed, when, based upon the evidence, the hearing examiner concludes that such action is most likely to bring about compliance with the proposed order. The findings or recommendations may not contradict any provision of law or this Municipal Code. F. The hearing examiner's decision shall be based upon findings supported by substantial evidence. Substantial evidence is established when the weight of the evidence supporting the existence of a fact or event in contention has the more convincing force, when balanced against the evidence opposing the existence of the same fact or event in contention. 7 G. Except where a hearing examiner's findings are contrary to the evidence, law or procedure, a final order shall be issued by the City manager approving the hearing examiner's findings governing the proposed action. The city manager may disapprove or modify the examiner's findings and recommendations and issue a final order that is consistent with the evidence, law or procedure. H. The date of mailing of the final order by the city manager to the party by first class mail, with certificate of service attached, shall constitute the date of exhaustion of administrative remedy. The final order shall advise the party that it has ninety (90) calendar days from that date pursuant to Code of Civil Procedure Section 1094.6 to file for a writ of mandamus or other applicable judicial review in Superior Court, twenty (20) calendar days pursuant to Government Code Section 53069.4 if the decision imposes an administrative penalty, fine or charge under Chapters 1.44 or 1.48, or five (5) days following a vicious dog determination under Food and Agricultural Code section 31622. Until a timely request for judicial review is filed, enforcement of the final ordershall proceed in due course. I. A party may request a transcript, if prepared, or be provided a copy of any tape recording of the proceedings, if made, upon payment of the costs of preparation or duplication. 1.42.030 Service of notices or orders. A. Except as provided in Section 1.42.030D, any notice required to be given under the Municipal Code for the enforcement of a proposed order or for hearing or appeal purposes may be served upon the responsible party by any of the following methods, and a proof of service be kept in the file: 1. Personal service; or 2. Delivery by certified mail, postage prepaid, return receipt requested. Simultaneously, a duplicate notice shall be sent by regular first-class mail, postage prepaid, with return address on the outside envelope. If the notice sent by certified mail is returned unsigned, refused or marked as undeliverable, service shall be deemed effective pursuant to service of the duplicate notice sent by regular mail, provided that the duplicate notice sent by regular mail was also not returned as undeliverable. The notice shall advise the party that receipt of either notification constitutes service. Notice shall be mailed to the last address shown on the County Tax Assessor's records if the notice concerns real property, and to the last known address of a party to other proceedings as shown in official records of the City of National City; or 3. Posting the notice or order conspicuously on or in front of the property, together with delivery of the notice or order by first-class mail, postage prepaid, to the party and a copy of the notice or order being left with any adult resident at the property. B. Posting of a notice or service by certified mail and duplicate service by regular mail described in subsection A2 or A3 above shall be effective ten (10) calendar days after mailing or posting. Personal service is effective upon service. C. The service of an initial notice of violation need only be sent by regular mail. The above procedures are not required, but may be used when appropriate circumstances so indicate. Service of a notice of violation by regular mail is effective on the date of mailing. 8 D. Service of notice through which a lien will be placed upon real property by City council action will be in accordance with Code of Civil Procedure Sections 415.10, 415.20, 415.30, or Section 415.40 if the responsible party resides out of state. E. Proof of service of any notice required by this Code may be made by certificate or affidavit of an officer or employee of this City or by affidavit of any person over the age of eighteen years. The proof of service shall show that service was done in conformity with this Code and any other provisions of law applicable to the subject matter concerned. F. The failure of any party or person with an interest in the property or the proceeding to actually receive any notice served in accordance with this section 1.42.030 shall not affect the validity of any proceedings taken under this chapter. 1.42.040 Administrative hearing procedure. An administrative hearing before a hearing examiner should be conducted substantially in accordance with the following procedures: A. The hearing examiner shall control the proceedings, take witness testimony under oath or affirmation, and determine the weight and credibility of the evidence and testimony. The hearing should be conducted in a civil, prompt and businesslike manner. Disruptive behavior shall not be allowed, and an abusive or disorderly party may forfeit the right to be present during any part of the proceedings when, after appropriate warning, the behavior persists. B. Each party shall have the following rights: to be present throughout the proceeding; to be represented by legal counsel or other representative; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues even though the matter was not covered in direct examination; to impeach a witness; and to testify in his or her own behalf. A party may be called as a witness by the other party and be examined as if under cross-examination. C. Except as noted in this subsection, the formal rules of evidence and procedure shall not apply to the hearing. Any relevant evidence may be admissible if it is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but may not be sufficient by itself to support a finding unless it would also be admissible over objection in civil actions. Irrelevant and unduly repetitious evidence should be excluded, and collateral or irrelevant inquiry may be limited by the hearing examiner. D. The hearing examiner may require the proponent of testimony to be offered by a witness who does not speak the English language proficiently to provide an interpreter. The hearing examiner shall determine whether the interpreter is proficient in the English language and the language in which the witness will testify. The payment of costs for an interpreter is upon the party providing the interpreter. E. The proponent for a department director may call witnesses and may introduce into evidence an administrative record which clearly demonstrates: a) The condition(s), act(s) or omission(s) upon which the proposed action is based or which establishes the responsibility of the party for the act or event; b) the regulatory authority for the proposed action; c) technical or factual data supporting the proposed action; and, d) any other information or data relevant to the proposed action. An administrative record certified by a director which meets these criteria may constitute prima facie evidence in 9 support of the proposed action. The burden of going forward may then shift to the opposing party, who may then cross-examine on the basis of the administrative record and call witnesses appropriate to aid in its examination of the administrative record. The opposing party and the director may call any additional witnesses and introduce any additional evidence appropriate for opposition, defense, excusal or mitigation of the proposed action. F. The hearing may be continued from time to time upon request of a party to the hearing upon a showing of good cause. G. Failure of a responsible party or applicant to appear at a scheduled hearing shall constitute a waiver of the hearing by that party and shall result in a denial of the relief sought. That determination shall be administratively final and conclusive, and shall constitute the failure to exhaust administrative remedy on the part of the responsible party or applicant. H. Failure to follow the procedures outlined above shall not invalidate the proceedings, findings or recommendations of the hearing examiner, unless the omission constitutes a denial of administrative due process, in which case a new administrative hearing may be ordered by the city manager before another hearing examiner. I. Appeal proceedings under chapter 1.44 to contest an administrative citation may proceed as informally as necessary to ensure a fair hearing. The above procedures may be used to supplement the informal proceedings prescribed in that chapter. Section 4. That Title 1, chapter 1.44 is amended by amending sections 1.44.010, 1.44.030, 1.44.040, 1.44.070, 1.44.080, 1.44.100, 1.44.110 and 1.44.120 to read as follows: 1.44.010 Applicability. A. No Change B. The administrative citations process set forth in this chapter may be utilized for compliance efforts to correct noncontinuing or continuing violations of this code, such as those that pertain to licensing, animal control, and minor building, plumbing, electrical, mechanical, fire, grading or zoning violations, subject to the provisions of Section 1.44.030D. C. No Change. 1.44.030 Administrative citation. A. No Change B. An administrative citation should provide the following information, whenever possible: 1. The date of the violation; 2. The identity of the responsible person (owner, tenant, etc.), if 3. The address or a definite description of the location where the violation occurred; 4. The section of this code violated and a description of the violation; 5. The amount of the fine for the code violation; 6. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid; available; 10 7. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation; 8. A description of the administrative citation review process, including the time within which the administrative citation may be contested and directions on how to contest the administrative citation; 9. A statement that the property will be reinspected for compliance, and reinspection fees charged for each reinspection thereafter; and 10. The name and signature of the citing enforcement officer. The signature of the responsible party may be requested, but is not necessary. If refused, the issuing officer may note this fact. C. No change. D. The following procedures will apply in issuing administrative citations for minor code violations of a continuing nature, such as building, plumbing, mechanical, grading, zoning, fire or electrical code: 1. First, a notice of violation shall be issued allowing a minimum period for voluntary compliance and reinspection at no charge for the particular violation(s). Except for building code violations or conditions affecting immediate fire and life safety, the correction period should not be less than ten (10) days, nor exceed thirty (30) days. Building code violations shall allow for a thirty (30) day correction period. If conditions affecting immediate fire or life safety concerns require an immediate shutdown of the premises or any affected portion if feasible until correction is made, the citation shall establish a defined period for compliance and reinspection, not to exceed thirty (30) days. However, under this circumstance, a separate order to stop work or vacate the premises may be required. 2. If, upon reinspection, voluntary compliance is not obtained and the condition(s) not satisfactorily corrected, an administrative citation may then be issued which addresses all remaining violations collectively, imposes a fine, and establishes a further date for compliance and reinspection. A maximum of fifteen days may be allowed. Reinspection fees are chargeable at this point. 3. A second or subsequent administrative citation may be issued and a further fine and reinspection fee be imposed if, upon subsequent reinspection, compliance has not been obtained for the particular violation(s) cited under a preceding administrative citation. 4. If compliance is obtained after an administrative citation is issued and the same or similar violation occurs again, an administrative citation and assessment of the penalty applicable to a second or repeat violation may be issued instead. E. An administrative citation may be used for code violations that are not of a continuing nature but may be characterized as a single event or occurrence, such as animal control violations, dumping, pollution or littering, without prior issuance of a notice of violation where the issuing officer concludes that enforcement action, rather than a verbal warning, is warranted. 1.44.040 Method of service. A. The administrative citation and all notices required to be given under this chapter shall be served on each responsible party charged in the citation by any of the following methods: 11 1. Personal service; or 2. Certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be signed and sent by regular mail. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned; or 3. Posting the notice conspicgously on or in front of the property, and mailing a copy to the property owner, or other responsible party. B. Service by certified and regular mail in the manner described above shall be effective on the date of mailing. Service by mail shall be to the responsible party's address as indicated on the current assessment roll of the San Diego County assessor. C. No change. 1.44.070 Hearing request. A. Any recipient of an administrative citation may contest the citation on the grounds that there was not a violation of the code or that he or she is not the responsible person by requesting a hearing with the city department specified on the administrative citation within thirty days from the date of the administrative citation, together with an advance deposit of the fine. B. The request for hearing may be made via the administrative citation form in the space provided for such action. C. The person requesting the hearing shall be notified by the department of the time and place set for the hearing at least ten days prior to the date of the hearing. D. If the enforcement officer submits an additional written report concerning the administrative citation to the hearing offices for consideration at the hearing, then a copy of this report shall be served on the person requesting the hearing at least five days prior to the date of the hearing. 1.44.080 Hearing officer. The city manager or the director of the issuing department shall designate a hearing officer for the administrative citation hearing. 1.44.100 Hearing officer's decision. A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the administrative citation and shall list in the decision the reasons for that decision. The decision of the hearing officer shall be administratively final, and constitutes the exhaustion of administrative remedy. Unless appealed to the Superior Court as provided by statute (see section 1.44.120), the fine and any reinspection fee imposed by the administrative citation is final. B through E -- No change. 1.44.110 Recovery of administrative citation fines and costs. Any past due administrative citation fine or late payment charge may be collected by any available legal means. The finance director is primarily responsible for collecting fines and reinspection fees. The city attorney is authorized to file civil process before the Superior Court to enforce collection. 12 1.44.120 Right to judicial review. Any person aggrieved by an administrative decision of a hearing officer on an administrative citation may obtain review of the administrative decision by filing an appeal to be heard with the San Diego County superior court within twenty (20) days upon payment of the filing fee in accordance with the timelines and provisions set forth in California Government Code Section 53069.4. Unless appealed within that time, the fine is final. PASSED AND ADOPTED this day of , 2004. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill, City Attorney Nick lnzunza, Mayor 13 City of National City, California COUNCIL AGENDA STATEMENT 'ETING DATE March 2 2004 AGENDA ITEM NO. (-ITEM 17 f ITE TITLE REQUEST FOR USE OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER BY THE INTERAMERICAN COLLEGE FOR A GRADUATION CEREMONY AND WAIVER OF FEES PREPARED BY Stephen Kirkpatrick DEPARTMENT Public Works/Engineering 336-4580 EXPLANATION The InterAmerican College is requesting use of the Community Center on Saturday July 24, 2004 for their graduation ceremony. They are requesting the Center from 10:30 a.m. until 1:30 p.m. They will be expecting 300 people. Cost: Building: $351.78 Custodial: 100.53 Total: $452.33 Waiver of fees is also being requested. This is an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the Martin Luther King, Jr. Community Center". However, it would take the approval of City Council to waive the fees. Environmental Review X N/A Financial Statement Loss of $452.33 if waiver of fees is approved. Approved By: Finance Director Account No. STAFF RECOMMENDATION Council decision on use an. ai :fit of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) L,... 1. Application for use of the Martin Luther King, Jr. Community Center 2. InterAmerican College letter dated February 19, 2004 Resolution No. A -too 19 e9, APPLICATION FOR USE OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting when the items going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations". Name of Organization: TntprAmpri ran Col 1 Pge Business Address: Name of Applicant: Professor Reymundo 'Marin Address: 140 W. 16th Street, National City,CA 91950 140 W. 16th Street,National City, CA 91950 Telephone Number: day t6191 477-6310 Type of Function: Date Requested: evening (619 477-6310 Student Graduation Ceremony Saturday July 24, 2004 Decorating Time: Fri day Function Time: Clean up Time: Use of Kitchen: 07/23/04 E.Lwpp )°„to 5:00 Q. M, (lpv) 10:30 am (alai/pm) to 1 :30 pm (am/pin) xx no Number of Participants: 200 (am/pm) to (am/pm) yes If yes, Time: (am/pm) to (am/pm) Will Admission be charged? No If yes, Amount $ Will this be a fund raising event? NO Will alcohol be served? Nn If yes, ABC Permit Submitted? Certificate of Insurance attached? YES Special configuration of tables or chairs required? YES Special equipment required? YES If yes, attac h list. Copy of Rules & Regulations provided? yEs Initials 1 _"'' Certificate of Insurance attached? If yes, attach sketch. How many times in the last two years have you used the Community Center? j jp If applicable, how much did you pay for building and/or custodial fees? -Q- I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE MARTIN LUTHER KING, JR. COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 10 nd 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the Citycility. �-, sr _ Z — leg —0� Signature of pplicant Date 2' rev.02/03 CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization MITER AMF.RTCAN ('OT.T.RGF. Person in charge of activity Prof . Reymundo Marin 91950 Address 140 W. 16th st. National City CA Telephone (619) 477-6310 City facilities and/or property requested Martin Luther Ring Jr. Community Center Date(s) of use SATURDAY JULY 24, 2004 ;HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, empor contractors. ignature df Applicant Official Title Certificate of Insurance Approved by Name and Title Date rev. 02/03 InterAmericanCollege Reymundo Marin President Maria Viramontes de Marin Vice President Academic Affairs Board of Trustees Felipe Hueso, Esq. Chairman of the Board General Legal Counsel Roger Caldwell Sr. Vice President MAAC Project Dr. Richard A. Karns Professor CSU San Marcos Rafael A. Arreola, Judge San Diego Superior Court Dr. P `ado A. Arias, Jr. Des CSU . ..eerey Bay Gabriel Arce Community Health Group Dr. Joann Chenauh Professor Emeritus Southern Illinois University Dr. Angelica Suarez Director Southwestern College Higher Education Center Eduardo Escobedo Vice President Pacific Program Management, Inc. Alfonso Small Director of Human Services Paradise Valley Hospital Victor Diaz President & CEO Radio Grupo Califormula Lupita L. Cortez Deputy Legislative Secretary California Governors Office Colegio Inter Americano February 19, 2004 Hon. Mayor Nick Inzunza Hon. City Council of National City City Hall National City, CA 91950 Dear Hon. Mayor Inzunza: • Dear Hon. City Council: The purpose of this letter is to request the use of and waiving of fees of the Martin Luther King Jr. Community Center for July 24, 2004, for the IAC student baccalaureate graduation ceremony. Besides the 2004 graduation candidates, IAC will recognize the completion of the fifth year teaching credential of former graduates receiving the State of California Teaching Credential. This brings it to a total of twenty-four of our graduates completing the State's fifth year education requirement. National City schools have hired several of our graduates and the rest are employed by surrounding school districts. We are making a difference in the education of children in our community. IAC and the Board of Trustees are grateful for your continued support. I want to take this opportunity to thank you for the use of the Martin Luther King Jr. Community Center in the past. It would please you to know that our 2003 Commencement speaker, Dr. Maria Hernandez -Ferrier, Deputy Secretary and Director of the Office of English Language and Acquisition for the U.S. Department of Education was very pleased with the reception she received in National City last year. It would be an honor for IAC to receive the support and participation of the Mayor and National City Council on our sixth graduation ceremony. Through this letter IAC extends to you a most cordial welcome to celebrate with us. Sincerely, essor Reymundo Marin President 140 W. 16th Street National City, California, 91950 Tel.: (619) 477-6310 Fax.: (619) 477-7340 E-Mail: rmarin@iacnc.edu Web Page: www.iacnc.edu Tax Identification Number 501 (c) (3): 33-0590097 InterAmericanCollege Colegio Inter American February 19, 2004 APPLICATION FOR USE OF THE MARTIN LUTHER KING JR. COMMUNITY CENTER ADDENDUM: Special configuration of tables and chairs: We will need chairs facing the state with an aisle down the center for the graduation procession. We will need use of the podium and ten - fourteen stage chairs, and Use of a small table on stage to place diplomas, awards, etc. Special equipment required: Use of stage and microphone amplifiers Flags and extra flag poles, if available Use of side room as a dressing room for graduates, faculty and guests 140 W. 16th Street National City, California, 91950 Tel.: (619) 477-6310 Fax.: (619) 477-7340. E-Mail: rmarin@iacnc.edu Web Page: www.iacnc.edu ACORD PRODUCER CERTIFICATE OF INSURANCE EISEN INSURANCE BROKERS 1174 SURF CREST DRIVE SAN DIEGO CA 92154 Tel (619) 661-0641 Fax (619) 661-0642 INSURED INTERAMERICAN COLLEGE 140 W. l6`" STREET NATIONAL CITY, CA 91951-0025 ISSUE DATE 1/24/2004 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 COVERAGES AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGES COMPANY A GREAT AMERICAN INSURANCE COMPANY COMPANY B COMPA1 Y C COMPANY D COVERAGES— ..................._..........._......_......_............,.._....._..v._. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE NAMED INSURED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR A TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY [X]COMMERCIAL GENERAL LIABILITY [ ]CLAIMS MADE [X]OCCUR. [ ]OWNER'S & CONTRACTOR'S PROT. PAC 2254788 POLICY EFFECTIVE EXPIRATION DATE (M(D/Y) DATE (M( )� 10/20/03 AUTOMOBILE LIABILITY [ ] ANY AUTO [ ] ALL OWNED AUTOS [ ] SCHEDULED AUTOS [ ] HIRED AUTOS [ ] NON -OWNED AUTOS EXCESS LIABILITY [ [ ] OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY 10/20/04 L............ .............. w.. OTHER []LAWYERS PROFESSIONAL LIABILITY -- CLAIMS MADE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS ALL OPERATIONS OF THE NAMED INSURED. CERTIFICATE HOLDER AND ADDITIONAL INSURED CITY OF NATIONAL CITY ALL LIMITS IN THOUSANDS GENERAL AGGREGATE PRODUCTS-COMP/OPS AGGREGATE PERSONAL & ADVERTISING INJURY EACH OCCURENCE FIRE DAMAGE (Any one fire) MEDIC'Dr EXPENSE (Any one person) $2,000 $1,000 $1,000 $1,000 $100 $5 COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ EACH OCCURRENCE AGGREGATE (each accident) (disease -policy limit) (disease -each employee) AGGREGATE LIMIT/POLICY YEAR $ EACH CLAIM $ DEDUCTIBLE CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES (* 10 DAYS FOR NON-PAYMENT OF PREMIUM) AUTHORIZED R TATIVE ACORD 25-5 MATERIALS DISTRIBUTED AT THE CITY COUNCIL MEETING THE REGIONAL COMPREHENSIVE PLAN San Diego Regional Comprehensive Plan January— March 2004 r Toward a Better Future • Broad participation • Directs growth into urban areas • Uses transportation funding as incentive for smart growth • Uses land use and transportation to guide other infrastructure investments • Actively engages our regional neighbors and tribal governments Our Vision 'To preserve and enhance the San Diego region's unique features - its vibrant and culturally -diverse communities, its beaches, deserts, mountains, lagoons, bluffs, and canyons, and its international setting - and promote sustainability, economic prosperity, and an outstanding quality of life for everyone." `siaNun�r San Diego Region A Shared Vision of the Future rsawev 1 Our Current Path Under Existing Plans: • Continued housing shortages, skyrocketing prices • More traffic congestion • Less open space Millions of People 4.0 3.0 2.0 1.0 .50 1970 1980 1990 2000 2010 2020 2030 Our Current Path Population The Road Less Traveled 1. Improving the connections between land use and transportation plans 2. Using land use and transportation plans to guide other plans 3. Making it happen through incentives and collaboration vIslonkurfuturej S4NO4ci 2 1. Better Connecting Land Use and Transportation Plans Local and Regional `Transportation Plana RCPF- EWORK Local and Regional Land Use Plans Key Concepts in Land Use and Transportation 2. Using Land Use and Transportation Plans to Guide Other Plans Storm Water Solid Waste Education Land Use -Transportation Connection Regional Transit Corridors Smart Growth Opportunity Areas 3. Making It Happen Through Incentives and Collaboration OurvfdanlOrPleim� 3 Strengthening Local and Regional Connections Through Subregional Initiatives Subregional Candor and Network Studies Jobs I Housing Analysis Refined Smart Growth Plans Implementation and Financing Strategies A Healthy Environment Efficient Public Facilities More Housing Choices Economic Prosperity Border Issues Riverside County • Jobs/Housing • Transportation • Energy • Economic Development International Border • Ports of Entry • National Security • Transportation • Environment • Economic Development Imperial County • Water and Energy • Rail and Airport • Jobs/Housing • Economic Development Tribal Governments • Transportation • Jobs/Housing • Environment • Economic Development 4 Social Equity and Environmental Justice Equity Economy Environment tur Performance Measures Report Card Transportation..................... Housing.................................. open space .................... ............ .......... Public Facilities ................. loirnhtuiblrr,*i Where the Road Leads Us • Continued broad participation • Directs growth into urban areas • Uses transportation funding as incentive for smart growth • Uses land use and transportation to guide other infrastructure investments • Actively engages our regional neighbors and tribal governments f5a1NU4G� Integrated Regional Infrastructure Strategy Next Steps ET Initial comment period on draft RCP lasts through March 1, 2004 Presentations on RCP from January— March 2004 d Draft EIR — March 26 ET Workshops on draft RCP and draft EIR — April 2004 SANDAG action on final EIR and RCP — June 25 Ou rvsio THE REGIONAL COMPREHENSIVE PLAN San Diego Regional Comprehensive Plan www.sandag.org/rcp 5 SAND ontinuum An update for residents about the San Diego Regional ComprehensivePfant HOW DOES OUR REGIONgrOW,? 11* The Plan Your vision for our future Collaboration How to get involved Timeline Follow the RCP from development to implementation tween local nd regional transportation and land use plans. 1 Providing incentives for smart growth. 1 Involving our neighboring counties and Baja California. 1 Promoting public involvement More than one year in the making, the draft Regional Comprehensive Plan for the San Diego region is now available for review and comment. The plan will serve as the foundation for integrating land uses, transportation systems, infrastructure needs, and public investment strategies for the San Diego region. The Regional Comprehensive Plan (RCP) offers a long-term planning framework for the San Diego region. It defines a vision and lays a foundation to connect local and regional policy decisions that support our shared vision of the future. It balances population, housing, and employment growth with habitat preservation, agriculture, open space, and infrastructure needs. It moves us toward a more sustainable future — a future with more choices and opportunities for all residents of the region. During the past year and a half, residents, city and county elected officials, and regional infrastructure providers have been working together with SANDAG to prepare the draft RCP and one of its key components, the Integrated Regional Infrastructure Strategy (IRIS). The IRIS is an investment strategy that will help the region meet its collective infrastructure needs. The RCP emphasizes the critical link between transportation and land use planning and development, and demonstrates how these connections can be strengthened. It calls for focusing transportation and other infrastructure investments so jobs, homes, schools, recreation, and shopping are closer together. Better transportation connections will help shorten commutes and will make transit, biking, and walking more convenient. The RCP looks beyond our borders and takes into account the planning and growth underway in Imperial, Orange, and Riverside counties as well as in Baja California, Mexico. It looks at the equity in our planning processes: do all communities have access to the region's resources and do all residents have an equal opportunity to participate in the process? SANDAG unanimously approved the document for public distribution in December 2003. An initial round of comments is underway on the draft RCP and will be accepted through March 1, 2004. Comments received through March 1 will be considered for the draft Environmental Impact Report (EIR). The final RCP and the final EIR will be presented to the SANDAG Board in June 2004. For more information on the RCP or to review and comment on the draft Plan, visit www.sandag.org/rcp, e-mail rcp@sandag.org, or call (619) 699-1900. future"N FOR OUR Preserve open space. More homes. Less traffic. Better transit options. These are just a few of the issues and challenges SANDAG recorded during months of public outreach on the Regional Comprehensive Plan. SANDAG worked with thousands of people throughout the region to identify challenges and recommend actions to be included in the draft RCP. Information gathered at public meetings and community forums as well as from questionnaires, electronic surveys, and correspondence was considered in the preparation of the draft RCP. A community based outreach program was a key component of the public involvement process. Five organizations received funding from SANDAG's Environmental Justice/Social Equity grant supported by Caltrans. The efforts of Able -Disabled Advocacy, All Congregations Together, Barrio Station, North San Diego County NAACP, and the Union of Pan Asian Communities resulted in feedback from more than 1,100 residents. These organizations conducted outreach activities to secure public involvement from stakeholders in their communities, to engage community -based participation in setting regional priorities, and to generate feedback on the RCP. The comprehensive public outreach and involvement effort showed that many San Diegans care about the future of the region. Many recognize the significant challenges and acknowledge that new ideas and difficult choices are ahead for residents and elected leaders. This effort resulted in a draft plan that represents a number of viewpoints. Ultimately, the Regional Comprehensive Plan will reflect a consensus of ideas that move the region forward to tackle the challenges of the 21st Century. tan -profit at conducted ach to low-income and minority communities, persons with disabilities, and Native American groups Infrastructure Providers: Local and regional agency representatives assisted in the development of the IRIS. Other Acknowledgements: Special acknowledgements to Caltrans and the U.S. Fish and Wildlife Service for providing grant funding for the preparation of the RCP. Special recognition also to members of SANDAG's Borders Committee, the 1-15 Interregional Partnership Policy Committee, the Transportation Committee, the Regional Housing Task Force, and the Cities/County Transportation Advisory Committee for their participation and assistance. � HOW DO YOU GEf 111VOr1/C�� The draft Regional Comprehensive Plan reflects the vision for our region's future. Months of public dialogue, a collaborative development process, followed by extensive review has resulted in a document that reflects a bold plan for the region. Now we must continue this collaborative process to ensure that residents, business and community leaders, education and social service providers, elected officials, and other stakeholders have input into the final Regional Comprehensive Plan. The initial public comment period is until March 1, 2004. Then, a final round of workshops will be held in April to allow for more input on the draft RCP and the draft Environmental Impact Report. Workshop dates, times, and locations will be announced in February. A number of opportunities are available to provide feedback on the RCP. Call for a printed copy or CD or view the document online at www.sandag.org/rcp. Tell SANDAG what you think should be included. What's missing? What should be expanded? Now is your opportunity to make a difference in the future of the San Diego region. timelineR Winter 2002 Spring 1 Regional summit 1 Regional Planning Committee establishes 18-month timeline for RCP Summer 1 Regional priorities drafted 1 Infrastructure needs identified 1 Public involvement strategy developed RE}E'KS IVE PLAN Fall 1 Stakeholders group formed 1 Regional vision and core values drafted 1 Key RCP chapters identified 2003 Public workshops focused on draft vision and core values Infrastructure providers begin work on IRIS 1 Chapter concepts developed 1 Draft RCP goals and policy objectives prepared 1 Committees and working groups review draft chapters 1 Community -based Outreach 1 Public workshops focused on goals and policy objectives 1 Policy framework developed 1 Working draft of RCP released 2004 1 SANDAG Board releases draft RCP for public review and comment (Dec 2003) 1 Presentations on draft RCP to jurisdictions, agencies, and other groups 1 Release draft Environmental Impact Report for public review (March 2004) 1 Public workshops focused on draft RCP and draft EIR 1 Present final RCP and EIR to SANDAG Board (June 2004) 1 RCP Implementation (July 2004 and beyond) SAND 401 B St., Suite 800 San Diego, CA 92101-4231 (619) 699-1900 www.sandag.org PRSRT STD U.S. POSTAGE PAID San Diego, CA Permit No. 515