HomeMy WebLinkAbout2006 02-28 CC AGENDA PKTAGENDA OF A SPECIAL MEETING
NATIONAL CITY COUNCIL
CITY COUNCIL CHAMBERS
CIVIC CENTER
1243 NATIONAL CITY BOULEVARD
TUESDAY — FEBRUARY 28, 2006 — 6:00 P.M.
OPEN TO THE PUBLIC
PUBLIC ORAL COMMUNICATIONS (Three -Minute Time Limit)
NEW BUSINESS
1. AMENDMENT OF AGREEMENT WITH EDAW,INC. TO EXPAND THE
SCOPE OF WORK FOR THE WEST SIDE SPECIFIC PLAN.
2. STATUS REPORT: RECONCILIATION PROCESS OF COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FOR FISCAL YEARS
2001 TO 2005.
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 (619) 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.
Spanish audio interpretation is provided during City Council meetings. Audio
headphones are available in the lobby at the beginning of the meeting.
Audio interpretacion en espanol se proporciona durante sesiiones del Consejo
Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta.
ADJOURNMENT
Next Regular City Council Meeting — Tuesday, March 7, 2006 —
6:00 p.m. Council Chambers, Civic Center.
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COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES
MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-citv.ca.us
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE February 28, 2006
AGENDA ITEM NO. 1
ITEM TITLE
Resolution of the City of National City Authorizing the Mayor to Execute an Amendment to the Agreement Between
the City and EDAW, Inc. to Expanded the Scope of Work in Connection with the Preaparation of a Specific Plan for
the City's Westside Area
PREPARED BY DEPARTMENT
Andrew Hoskinson x 4313 Planning
EXPLANATION
The proposed changes and additions to the Scope of Work are based on input from the community and
direction from City Council. A summary of the proposed contract changes, which are presented in their
entirety in an attached letter from EDAW, Inc., is presented below.
• Expand the Specific Plan boundary north from Civic Center Drive to Plaza Boulevard, a 14-block area, and
pull back the boundary from National City Boulevard to Roosevelt Avenue between Civic Center Drive and
16th Street.
• Provide supplementary payment for additional work generated by a high level of community involvement
associated with preparation and execution of the second workshop meeting that occurred August 31, 2005.
• Provide an additional public meeting including an open microphone component.
• Provide additional funds for professional translation services, as current funds have been expended at a
greater rate than anticipated because of the high level of community interest/input.
• Provide funds for the availability of EDAW, Inc. to attend up to six special meetings with key members of the
community (e.g., neighborhood councils, community interest groups, staff).
• Develop amortization regulations for uses made nonconforming by the Westside Specific Plan.
There is a related item on the Community Development Commission agenda for February 28, 2006 to approve the
appropriation of an additional $33,529 to pay for the additional services.
Environmental Review N/A
Financial Statement
See related Community Development Commission item.
Exempt
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION k,
Adopt the attached resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
1. Resolution
2. Amendment to Agreement
3. Exhibit A - Letter from EDAW, Inc. detailing the expanded Scope of Work
A-200 (9/99)
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO EXECUTE AN AMENDMENT TO AGREEMENT
BETWEEN THE CITY AND EDAW, INC. TO EXPAND
THE SCOPE OF WORK IN CONNECTION WITH
THE PREPARATION OF A SPECIFIC PLAN
FOR THE CITY'S WESTSIDE AREA
WHEREAS, The CITY and EDAW, Inc. entered into an agreement on August 3,
2004 ("the Agreement") wherein EDAW, Inc. agreed to provide planning services for the
preparation of a specific plan for the Westside area of National City; and
WHEREAS, The City and EDAW, Inc. desire to amend the Scope of Work to be
performed pursuant to the Agreement, as set forth in the later dated January 30, 2006
to Associate Planner Andrew Hoskinson from Bobbette Biddulph, Senior Associate
Project Director for EDAW, Inc.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorize the Mayor to execute an Amendment to the Agreement
between the City and EDAW, Inc. dated August 3, 2004 to expand the Scope of Work to
be performed pursuant to the Agreement in connection with the preparation of a specific
plan for the City's Westside area. Said Amendment to Agreement is on file in the Office
of the City Clerk.
PASSED and ADOPTED this 28th day of February, 2006.
Nick Inzunza, Mayor
ATTEST:
Michael R. Della, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
AMENDMENT TO AGREEMENT
BETWEEN THE CITY OF NATIONAL CITY
AND EDAW, INC.
This Amendment to Agreement is entered into this 28th day of February, 2006 by
and between the City of National City, a municipal corporation ("THE CITY"), and
EDAW, Inc. (the "CONTRACTOR").
RECITALS
A. The CITY and the CONTRACTOR entered into an agreement on
August 3, 2004 ("the Agreement") wherein the CONTRACTOR agreed to
provide planning services for the preparation of a specific plan for the
Westside area of National City.
B. The parties desire to amend the Agreement to expand the Scope of
Work to be performed pursuant to the Agreement, as set forth in the letter
dated January 30, 2006 to Associate Planner Andrew Hoskinson from
Bobbette Biddulph, Senior Associate Project Director for EDAW, Inc.
•
NOW, THEREFORE, the parties hereto agree that the Agreement
entered into on August 3, 2004 shall be amended by expanding the Scope of
Work to be performed pursuant to the Agreement, as set forth in the attached
Exhibit "A" which is incorporated herein by reference.
The parties further agree that with the foregoing exception, each
and every term and provision of the Agreement dated August 3, 2004 shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the date and year first above written.
CITY OF NATIONAL CITY CONTRACTOR
By: By:
Nick Inzunza, Mayor Bobbette Biddulph, AICP
Senior Associate
EDAW, Inc.
-1-
Michael A. Downs, Ph. D
Vice -President
EDAW, Inc.
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
1
James H. Cleland, Ph.D.
Vice -President
EDAW, Inc.
-2-
EXHIBIT A
EDAW
EDAW INC
1420 KETTNER ELVD
SUITE 620
SAN DIEGO CALIFORNIA
02101
TEL 619 233 1454
FAX 619 233 0052
www.edaw.eom
UNITED STATES
EUROPE
AUSTRALIA
ASIA
January 30, 2006
Mr. Andrew Hoskinson
Associate Planner
City of National City
Planning Department
1243 National City Boulevard
National City, CA 91950
Dear Andrew,
As we discussed at our meeting November 17, 2005, the City of National City is
requesting several additional services in support of the Westside Specific Plan. This
letter provides EDAW's proposal for these additional services. The proposed costs for
these additional services are further detailed in the enclosed spreadsheet.
Expansion of Specific Plan Boundaries
The City has directed that the boundaries of the Westside Specific Plan be extended
from Civic Center Drive north to Plaza Boulevard, incorporating the area between
Civic Center Drive and the boundaries of the Downtown Plan. In addition, the Specific
Plan area boundaries will be adjusted in the area between 16t Street and Civic Center
Drive, to the west of National City Boulevard. Although EDAW's original contract did
not include the area north of Civic Center Drive, there have been discussions regarding
the potential addition of this neighborhood to the Specific Plan study area. This
expansion results in adding approximately 14 blocks to the Westside Specific Plan
study area boundaries. As EDAW has been aware of the potential addition of this
neighborhood to the Specific Plan boundaries, we have considered this area in many of
our data collection and outreach efforts. However, we have not addressed this
neighborhood in the same level of detail that we have for the original Specific Plan
area. For this reason, it will be necessary for EDAW to conduct additional baseline
data collection and verification for this area (e.g., land use mapping).
To be efficient in this effort, EDAW and the City have agreed to the following
assumptions:
• No additional effort or cost is associated with the adjustment of the Specific
Plan boundaries between 16th Street and Civic Center Drive, to the west of
National City Boulevard.
• The previously submitted memoranda and reports (e.g., Existing Conditions
Report) will not be revised to address the change in the Specific Plan
boundaries. Past products will remain as -is.
• Previous mappings (e.g., alternative land use districts) will not be revised.
Regarding land use districts, the next step in the process will be for EDAW to
VISION, PLANNING AND ENVIRONMENTS WORLDWIDE
EDAW
Mr. Andrew Hoskinson
January 30, 2006
Page 2
recommend a preferred land use plan, which will incorporate the area north of
Civic Center Drive.
• A new educational village or campus is not anticipated to be pursued north of
Civic Center Drive.
• No additional public meetings will be held to address the boundary change.
Because the property owners and occupants in the area north of Civic Center
Drive have participated in the process to -date, it is assumed that issues,
principles, and preferences have been adequately addressed through the
previous public meeting efforts. Although another public meeting is planned
(see below), this additional effort is not as a result of the change in Specific
Plan boundaries.
With these assumptions, the additional effort required to add the 14 blocks north of
Civic Center Drive to the Specific Plan would cost $4,180. The boundary adjustment
between 16th Street and Civic Center Drive will not result in added cost.
August 31 Public Meeting Support
Our current scope of work provided for three public meetings, two of which have been
completed. The level of effort required for the meetings has far exceeded what was
anticipated by our original contract as a result of the degree of community interest in
this project (exemplified by the number of participants). While we agree that some of
this effort should be borne under our existing contract, we would like to seek
reimbursement for the effort required for the August 31, 2005 meeting. This meeting
was originally budgeted at an EDAW labor cost of $3,600. When completed, EDAW's
labor cost to complete this public meeting was $5,500, a difference of $1,900.
Additional Public Meeting
The City has requested one more public meeting, which would occur prior to the final
public meeting. This additional public meeting would follow a format similar to the
first public meeting. Specifically, the following are the guiding parameters for this
meeting:
• The public meeting will focus on key issues, such as outcomes of the second
workshop, Paradise Creek, density of the Public Works Yard property,
affordable housing, and amortization.
• No "break-out" sessions will occur for the public meeting. The format will be
presentation style, with a significant portion of the meeting devoted to an open
microphone for community members wishing to speak.
DESIGN. PLANNING AND ENVIRONMENTS WORLDWIDE
EDAW
Mr. Andrew Hoskinson
January 30, 2006
Page 3
• No new designs will be developed for Paradise Creek. It is assumed that the
Specific Plan will respect and incorporate the work completed by the
community for the planned restoration and passive open space use along
Paradise Creek. The Specific Plan will identify a development buffer area
along the creek that is consistent with the Paradise Creek Educational Park,
ensuring that development will not encroach too close to Paradise Creek.
• Several new principles will be identified for presentation at the public meeting.
These principles will address amortization, density of new development,
development setbacks, and allowed land uses (i.e., passive only) along Paradise
Creek.
• The goal will be to provide equal treatment to English- and Spanish-speaking
participants. To this end, all presentations and materials will be provided in
both languages. Because a workshop format is not planned, a single translator
is assumed to be adequate. Translation services are comprehensively described
in the following task and are not included in the cost for this task.
• EDAW will provide an additional 50 headsets to be used for the meeting
translations. These headsets will supplement the City's existing supply of 25
headsets. It is assumed that the City will provide the necessary information to
ensure compatibility of the headsets.
• The remaining public meetings will be held at the Martin Luther King
Community Room.
The total cost of providing for an additional public meeting is $7,599, which includes
$1,300 for headset rental.
Translation Services
Due to volume of community input and the level of effort necessary to translate public
meeting materials, the budget set aside for the translation services of Marina Lopez is
close to expended. Our current contract provides for $3,800 of translation support from
Mariana Lopez, of which $2,714 has been required to support services through the
second public meeting. Assuming a similar level of support will be necessary for the
two upcoming public meetings, we recommend that the budget for these services be
increased by $2,200.
Meetines
The effort required to attend meetings requested by key members of the community has
exceeded the effort originally anticipated through our contract. In addition, the City
DESIGN, ►LANNINO AND ENVIRONMENTS WORLDWIDE
EDAW
Mr. Andrew Hoskinson
January 30, 2006
Page 4
may be interested in having EDAW sponsor smaller working group sessions with key
groups in the community. EDAW has accepted the effort to -date for these endeavors.
However, as we move forward, the City and EDAW agree that setting a specific
meeting budget will ensure that these efforts are accounted for. This contract
amendment provides for the attendance of the EDAW Project Director at up to six
meetings, three of which we have assumed some level of additional EDAW staff
support. These meetings could include meeting with the neighborhood councils,
community interest groups such as the Environmental Health Coalition, and staff
meetings. No translation services or presentation materials are anticipated to be
necessary at these meetings.
The cost of the additional meeting and coordination support is $5,850. If the number of
meetings envisioned by this task is not necessary, funding for this task could be
reallocated (with prior approval from the City) or left unexpended.
Amortization Regulations
EDAW's original contact did not include consideration for the development of
amortization guidelines or implementing regulations. Our current scope includes the
development of a land use plan, which would specify allowed and disallowed uses.
With adoption of the Specific Plan, many of the uses that are currently allowed would
become nonconforming uses (e.g., automobile repair and body shops). However, in the
development of our previous scope of work, EDAW assumed that nonconforming uses
would be managed through the City's existing provisions addressing nonconforming
uses specified in the Land Use Code (Chapter 18.108). This chapter of the Land Use
Code specifies that it is the intent of the City to permit nonconforming uses to continue
until they are terminated, but not to encourage their enlargement, expansion, or
extension.
At the City's direction, EDAW will develop specific regulations for amortization for
the Westside Specific Plan area, with an amendment to our contract. The amortization
regulations will be adopted as part of the Westside Specific Plan. The scope of work
for the development of amortization regulations includes the following assumptions:
• The Specific Plan is expected to be adopted by the City by ordinance.
Amortization regulations specific to the Westside neighborhood will be
incorporated into the Specific Plan and, for specifically identified uses, will
supersede Chapter 18.108 of the City's Land Use Code for the Westside
neighborhood.
• The amortization regulations will be specifically developed for nonconforming
industrial uses that were allowed by the current MLR zoning but are not
DESIGN, PLANNINO AND ENVIRONMENTS WORLDWIDE
EDAW
Mr. Andrew Hoskinson
January 30, 2006
Page 5
expected to be allowed uses with adoption of the Westside Specific Plan. The
amortization regulations will not apply to areas outside of the Westside
neighborhood.
• Because of the potential legal implications surrounding the development of
amortization regulations, EDAW recommends that the City engage legal
counsel to support the team throughout the process. EDAW will not be
responsible for legal review, analysis, or defense of the amortization
regulations. EDAW assumes that City legal counsel will be available to review
the draft amortization regulations. EDAW could incorporate the additional
services of a land use attorney for this purpose, if so directed by the City.
• Nonconforming uses subject to the amortization regulations in the Westside
neighborhood will be mapped. The general characteristics of these uses (e.g.,
business type) will be described. However, financial and economic information
for each identified nonconforming use (e.g., valuation) will not be provided.
• EDAW assumes that senior staff of the Community Development Commission
and Planning Department will be available to provide input regarding the
parameters of the amortization regulations. EDAW anticipates at least two
collaborative staff meetings as part of the amortization regulations development
process.
• It is EDAW's understanding that the City is not expected to devote funding to
the purchase of properties or businesses in the Westside area to facilitate
amortization. For this reason, the regulations will need to ensure that the
termination of existing nonconforming land uses by allowing owners a
reasonable period to recoup investing in the existing land uses.
• One of two approaches will be used for the amortization regulations:
1. Fixed Period Approach. EDAW could rely upon available legally
defensible depreciation periods as a basis for calculating the
unrecoverable costs and identifying amortization periods by ordinance.
This method would use standard depreciation periods provided by the
Internal Revenue Service or another legally accepted approach to
providing for the recovery of investment in the existing land uses.
2. Case -by -Case Method. EDAW could provide the regulatory
mechanism to determine the appropriate basis for unrecoverable costs
on a case -by -case basis. Using this approach, amortization periods
would not be established for individual land uses or properties through
the ordinance. Rather, the case -by -case approach would provide the
City with the flexibility to choose a method suited to the individual
property or business circumstances. The case -by -case method generally
DESIGN, PLANNING AND ENVIRONMENTS WORLDWIDE
EDAW
Mr. Andrew Hoskinson
January 30, 2006
Page 6
provides shorter amortization periods than fixed periods set by the type
of use or structure. Under this approach, EDAW's scope of work would
not provide for the case -by -case analysis of amortization periods; rather,
it would delineate the process by which information would be gathered
and amortization periods would be determined for the properties to be
amortized. A neighborhood -wide process and approach would be
established. Under this approach, EDAW would not identify specific
amortization periods.
The City will provide direction to EDAW on the preferred amortization
approach in response to an EDAW-developed memorandum outlining the
possible approaches.
• The amortization regulations will not address relocation of nonconforming uses.
The Specific Plan could provide a general policy statement regarding the
development of a relocation plan. Should this policy be included in the Specific
Plan, it would be developed in consultation with the City in consideration of
potential relocation efforts or studies conducted outside of our contract.
• This scope of work does not include economic analysis of existing land uses or
businesses.
• This contract amendment does not affect ERA's current scope of work. The
scope of work described herein will be completed by EDAW. ERA will
continue to be available to expend 20 hours of input into the development of the
Implementation Program through the identification of possible financing
mechanisms that could be explored to encourage implementation of the Specific
Plan. Because this effort is necessary for the full development of a Specific
Plan, it has been preserved.
The cost of developing amortization regulations, as outlined above, would be $11,800.
Additional Contract Assumptions
Several refinements to our existing scope of work were discussed at our November 17,
2005 meeting. Although these additional refinements do not result in budget
implications, we felt it was appropriate to summarize these assumptions for a common
understanding as we move forward through the process.
• EDAW will not attend meetings at the invitation of community members
without\prior authorization by the City. While attendance at select meetings
will be desirable as outlined in the above task, the City and EDAW will be
aware of the budget implications of these additional meetings. EDAW will
DESIGN, PLANNING AND ENVIRONMENTS WORLDWIDE
EDAW
Mr. Andrew Hoskinson
January 30, 2006
Page 7
account for these additional meetings and notify the City if we are expending
more than anticipated by this contract amendment.
• A transportation planner and/or engineer will not be added to the team. The
City recognizes that transportation planning and engineering are outside the
scope of this analysis. Any desirable transportation -related tasks will be
identified as future recommended studies.
• The design and development guidelines developed for the Specific Plan will
address both public and private improvements, at an approximate equal level of
consideration.
• EDAW will not prepare additional studies for Paradise Creek. The Paradise
Creek Educational Park plans will be summarized and incorporated by
reference into the Westside Specific Plan. As such, the remaining budget set
aside for Estudio Teddy Cruz will be reallocated to EDAW for the completion
of the Specific Plan and the above -referenced design guidelines.
• The refined land use plan will be simplified, likely having fewer districts than
the land use district alternatives identified at the August 31 public meeting,
emphasizing the existing residential uses within the neighborhood.
The total estimated cost of the services outlined in this proposal is $33,529, as
detailed in the attached spreadsheet.
We look forward to discussing this proposal with you in more detail. Please call
me at your convenience.
Sincerely,
Bobbette Biddulph
Senior Associate
Project Director
enclosures:
Cost estimate spreadsheet
DESIGN, PLANNING AND ENVIRONMENTS WORLDWIDE
Westside Specific Plan Contract Amendment
Submitted by: EDAW, Inc.
January 30,
2006
Task 01
Expansion of Specific Plan
Boundaries
Task 02
August 31 Public Meeting
Support
Task 03
Additional Public Meeting
'Task N
Translation Services
Task 05
Meetings
Task 06
Amortization Regulations
Total
EDAW
Rate
Hours
Coats
Hours
Cosa
(burs Cents
Hours
Costs
HMS Costs
Hours
Costs
Aged Director (Bifd)
5110.00
8
$880.00
2
6220.00
25
$2,750.00
36
63,960.00
20
f2,200.00
91
$10,010.00
Senior Manner (Wilgus)
$110.00
72
$7,920.00
72
$7,920.00
Pawner (Ban)
680.00
30
$2,400.00
3
$240.00
18
$1,440.00
12
$960.00
63
$5,040.00
%rmyd
575.00
14
81,050.00
2
$150.00
6
8450.00
16
61,208.00
38
52,850.00
GIS SPA t
$75.00
8
$600.00
-
9
$675.00
17
61.275.00
Clerkal/Adrilaballse
565.00
4
$260.00
4
5260.00
Gallic Artist
f75.00
4
$300.00
3
$225.00
3
5225.00
10
$750.00
Wad Processor
• 565.00
2
6130.00
4
6260.00
4
5260.09
10
$650.00
TOTAL EDAW LABOR
50
$4.180.00
61,735.00
63
55,630.00
58
56,630.00
• 112
$t1,580.00
305
520,755.00
Sub-Corradhrrls Rates
Task 01
Task 113
Task N
Task 05
Task 06
Total
Mariana Lopez
52,000.00
f2000.OD
Sl6CONSULTANT COST
$2,000.00
62,000.01
UAW MARKUP ON SUBCONSULTANTS 10%
520.00
TOTAL SUB -CONSULTANT COST
R,200.00
200.00
62,200.O0
Project Expenses
Cost
Cost
Cost
Cost
Cost
Cost
Pkoneffax/Pagas -
630D0
�lot4
515000
$390.00
$5000
$90
Trawl
f0.00
80.00
0
$8000
5200.00
5100.00
635380.00
Equipment Rw4d 4)
51,300.00
f1,340.00
PROJECT F2PB4SES CO5T
5150.00
61,790.00
6200.00
5200.00
62.310.00
EDAW MARKUP ON MENSES 10%
f15.00
6179.00
620.00
620.00
5234.00
TOTAL PROJECT EXPENSES COST
$165.00
$1,969.00
f220.00
5220.01)
62,574.00
TT0TA1 EDAW LABOR & OTHER DIRECT COSTS
ASSUWTIONS Sao attached scope of work
$4.18000
$1,900.00
67.599.0
f2,200.00
f5.850.00
611,830.00
$33,529.061
EDAW CA cost proposal 013006
City of National City
COUNCIL AGENDA STATEMENT
MEETING DATE: February 28. 2006
AGENDA ITEM NO. 2
iITEM TITLE: STATUS REPORT: RECONCILIATION PROCESS OF COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FOR FISCAL YEARS 2001 TO 2005.
PREPARED BY: LETICIA QUINTERO DEPARTMENT: CITY MANAGER'S OFFICE
EXPLANATION:
Under the City Council's request for reallocation of available Community Development Block Grant (CDBG)
dollars, the CDC staff and Finance staff developed a comprehensive program analysis of the CDBG program
fiscal years 2001-2005. In preparation for a Reallocation Process scheduled for March 21 st, staff will present
the Mayor and Council with the following:
• Reconciliation of the CDBG program records with the City's financial records.
• Funds available for reallocation.
• Staff recommendations.
Following this meeting, staff will finalize the recommendations for reallocation to be presented and voted on
along with the Annual Action Plan on March 21 st.
The following CDBG Reallocation process is required by the U.S. Department of Housing and Urban
Development:
• Public Noticing for Citizen Participation on March loth and 17th
• Public Hearing to be held on March 21 st
• 30 day Public Review for Annual Action Plan Amendment— March 31 st to May 1st
• Submission of the Annual Action Plan Amendment to U.S. Department of Housing and Urban Development
Environmental Review
Financial Statement
N/A
X N/A
STAFF RECOMMENDATION
N/A
BOARD/COMMISSION RECOMMENDATION
N/A.
ATTACHMENTS (Listed Below) Resolution No.
None.