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Home My WebLink About2008 05-06 CC CDC AGENDA PKTAgenda Of Regular Meeting - National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — May 6, 2008 -- 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 and Community Development Commission (CI >C) 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/Executive Director any matter that you desire the City Council or Community Development Commission .Board to consider. We thank you fir your presence and wish you to know that we appreciate your involvement. ROLL CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral (:ommunications (Three -Minute Time Limit) NOTE: Pursruint to state law, items requiring Council or Community Development Commission action must he brought back on a subsequent Council or Community Development Commission 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 Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretation en espatiol se proporciona durante sesiones del Consejo Municipal. Los audiafonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 5/6/08- Page 2 CITY COUNCIL PRESENTATION 1. Presentation by Dan McAllister, San Diego County Treasurer -Tax Collector, regarding updates on the Local Banking Initiative and general tax update. PROCLAMATION 2. Proclaiming Wednesday, May 7, 2008 as: "LAW ENFORCEMENT OFFICERS' MEMORIAL DAY" 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. 3. Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of April 15, 2008. (City Clerk) 4. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of 20 feet of green curb 30-minute parking in front of Art's Windows and Doors located at 19 Osborn Street. (TSC Item No. 2008-8) (Engineering) 5. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of 25 feet of white curb parking in front of the mailbox located at 2700 E. 4th Street for temporary mail carrier service. (TSC Item No. 2008-9) (Engineering) 6. Resolution of the City Council of the City of National City approving an encroachment agreement with Thrifty Oil Company for the installation of one groundwater monitoring well for Thrifty Oil Company Station #103 at 801 Roosevelt Avenue to be installed within the right-of-way of West 9th Street, approximately 100 feet west of Roosevelt Avenue adjacent to the northerly gutter. (Engineering) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 5/6/08- Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National authorizing the Mayor to execute a contract between Rick Engineering Company and the City of National City for a not -to -exceed amount of $370,597 to provide civil engineering design services for the Bay Marina Drive Widening Project. (Funded by Tax Increment Funds). (Engineering) 8. Resolution of the City Council of the City of National City authorizing the Mayor to execute Amendment Number Three to the current Agreement with Project Design Consultants in the amount of $59,675 to provide design modifications and additional construction management services for the National City Boulevard Streetscape and 9th Street Fountain Plaza Improvements. (Funding is through Tax Increment Funds and State Pilot Smart Growth Incentive Program) (Engineering) 9. Resolution of the City Council of the City of National City authorizing the Mayor to execute a one year Agreement with Tetra Tech, Inc. in the not to exceed amount of $200,000 to provide "as -needed" engineering consulting services for the Capital Improvement Projects. (Funding through various CIP program budgets). (Engineering) 10. Resolution of the City Council of the City of National City approving Change Order Numbers Two and Three with Portillo Concrete, Inc. for additional work (Landscape Enhancement Improvements) in the total amount of $75,035.28 in conjunction with the National City Boulevard Streetscape and 9th Street Fountain Plaza Improvements project and authorizing the City Engineer to execute the Change Orders. (Funded through State Pilot Smart Growth Incentive Program and Tax Increment Funds). (Engineering) 11. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Jones & Stokes Associates, Inc. in the amount not to exceed $297,838 to prepare an Environmental Impact Report and related technical studies for the Westside Specific Plan. (Case No. 2007-34 GP, ZC, SP) (Tax Increment Funding) (Planning) CITY COUNCIUCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 5/6/08- Page 4 CONSENT CALENDAR (Cont.) 12. Resolution of the City Council of the City of National City adopting an EIR Addendum, approving an Amendment to the Downtown Specific Plan to exclude accessory parking floor area from the calculation of floor area ratio and to reduce the standard parking stall width for residential uses, and authorizing the filing of a Notice of Determination. (Applicant: City initiated) (Case File No.: 2007-26 SP, IS). (Planning) 13. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with PBS&J in the amount of $45,867 to provide sewer bill/tax roll administration and financial services for Fiscal Year 2008-09. (Sewer Service Fee funded). (Public Works) 14. Resolution of the City Council of the City of National City accepting the donation of 14 mature Chinese Elm trees, relocation and planning services valued at $71,171.50 from the Constellation Property Group and approving the donation agreement as required by the City's Donation Policy. (Redevelopment Division) 15. Resolution of the City Council of the City of National City authorizing the City Manager to execute a Memorandum of Understanding by and between Co-permittees regarding the sharing of costs associated with the prosecution of an unfunded State Mandate Claim, in order to recover a portion of the City's expenses arising from compliance with the 2007 Regional Water Quality Control Board's Stormwater Permit. (City Attorney) 16. WARRANT REGISTER # 39 (Finance) Warrant Register #39 for the period of 03/19/08 through 03/25/08 in the amount of $1,252,598.10. (Finance) 17. WARRANT REGISTER # 40 (Finance) Warrant Register #40 for the period of 03/26/08 through 04/01/08 in the amount of $116,165.25. (Finance) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 5/6/08- Page 5 CONSENT CALENDAR (Cont.) 18. WARRANT REGISTER # 41 (Finance) Warrant Register #41 for the period of 04/02/08 through 04/08/08 in the amount of $1,472,014.75_ (Finance) 19. WARRANT REGISTER # 42 (Finance) Warrant Register #42 for the period of 04/09/08 through 04/15/08 in the amount of $707,174.13. (Finance) 20. Investment Report for Quarter ended March 31, 2008. (Finance) PUBLIC HEARINGS 21. Public Hearing — Proposed Finding of No Significant Environmental Impact for a Coastal Development Permit for an AT&T Field Operation Center at 3202 Hoover Avenue. Applicant: Teng Companies of California, Inc. representing AT&T. (Case File No. 2007-51 CDP) (Planning) 22. Public Hearing — General Plan Amendment and Zone Change from Single - Family Small Lot (RS-2) to Limited Commercial (CL) and a proposed Finding of No Significant Environmental Impact at 2701-2703, and 2729 East 18th Street. (Applicant: Productive Real Estate, LLC.) (Case File No. 2007-60 GP, ZC, IS) (Planning) **Refer to Item #29** 23. Public Hearing for the issuance of Califomia Statewide Communities Development Authority revenue bonds in connection with the Lumina National City Apartments. (Housing) **Companion to Items #25, #34, and #35** 24. Public Hearing — Fiscal Year 2008-2009 Funding Cycle for the CDBG and Home Programs. (City Manager) **Refer to Item #26** CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 5/6/08- Page 6 NON CONSENT RESOLUTIONS 25. Resolution of the City Council of the City of National City approving the issuance of California Statewide Communities Development Authority revenue bonds in connection with the Lumina National City Apartments. (Housing) **Companion to Items #23, #34, and #35** 26. Resolution of the City Council of the City of National City approving the Fiscal Year (FY) 2008-2009 Annual Action Plan for the Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) Programs. (City Manager) **Refer to Item #24** NEW BUSINESS 27. Request Council approval on the development of and the allocation of funding in the amount of $165,000 for a skate park in Kimball Park. (Community Services) 28. Request Council approval of project redesign, the use of synthetic turf and the allocation of additional funding in the amount of $339,000 for the Kimball Park Soccer Project. (Community Services) 29. Notice of Decision — Planning Commission Approval of a Conditional Use Permit and Finding of No Significant Environmental Effect, and authorizing the filing of a Notice of Determination for a 16-unit apartment project at 2701-2703, and 2729 East 18th Street. (Applicant: Productive Real Estate, LLC) (Case File No. 2007-60 CUP, IS) (Planning) **Refer to Item #22** 30. Temporary Use Permit — Lions Club Annual Independence Day Carnival/lntemational Parade & Fair at Kimball Park from July 2, 2008 to July 6, 2008. (Building & Safety) 31. Temporary Use Permit — One, a Filipino community celebration hosted by the San Diego Institute for Community Development on May 24, 2008 from 10:00 a.m. to 6:00 p.m. at Kimball Park. (Building & Safety) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 5/6/08- Page 7 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 32. Warrant Register for the period of 03/28/08 through 04/17/08 in the amount of $978,335.50. (Community Development Commission/Finance) 33. Investment Report for Quarter ended March 31, 2008. (Finance) PUBLIC HEARING 34. Public Hearing — Modification of approved Consistency Review for 'Lumina' Mixed Use Project. Location: 1105-1125 National City Boulevard and 41- 43 East 12th Street. (APN: 556-554-16, 17, -18, -19, -20). Applicant: Constellation Property Group (Nat City 12th) LP. (Case File No.: 2008-17 M1 DSP-2006-6. (Planning) **Companion to Items #23, #25 and #35** NON CONSENT RESOLUTION 35. Resolution of the Community Development Commission of the City of National City (CDC) approving a modification to an approved Consistency Review for 'Lumina' Mixed Use Project. Location: 1105-1125 National City Boulevard and 41-43 East 12th Street. (APN: 556-554-16, 17, -18, -19, - 20). Applicant: Constellation Property Group (Nat City 12th) LP. (Case File No.: 2008-17 M1 DSP-2006-6. (Planning) **Companion to Items #23, #25, and #34** NEW BUSINESS STAFF REPORTS 36. Facility Improvements Update. (City Engineer) 37. Verbal Report on Neighborhood Council's Clean-up. (Community Services) CITY COUNCIUCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 5/6/08- Page 8 MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — May 20, 2008 - 6:00 p.m. — Council Chamber - National City. TAPE RECORDINGS OF CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS ARE. AVAILABL FOR SALE IN THE CITY CLERK'S OFFICE TREASURER -TAX COLLECTOR COUNTY OF SAN DIEGO COI'NTY ADMINISTRATION CENTER • 1600 PACIFIC HIGHWAY. ROOM 112 SAN DIEGO. CALIFORNIA 92101-2477 • (619) 531-5225 • FAX (619159i-4695 web site: bttp://www.sdtreaslax.eum For Immediate Release: February 26, 2008 DAN McALLISTER Treasurer -Tax Collector MEDIA ALERT Contact: Dan McAllister Phone: (619) 531-5225 Cell: (619) 920-0608 R-59.6:806 San Diego County's Local Banking Initiative hits $100 million investment target... ahead of schedule! WHO: Supervisor Ron Roberts and San Diego County Treasurer -Tax Collector Dan McAllister WIIAT: In May, 2006, San Diego County Supervisor and County "Treasurer -Tax Collector Dan McAllister launched a Local Banking Initiative designed to invest up to $100 million over a 5-year period in 17 local and regional banks doing business in San Diego County. Both officials will announce that their original 5-year goal has been met in just 21 months. WHEN: TODAY, Tuesday, February 26, 2008 12:30 pm sharp WHERE: West steps (facing San Diego Bay) County Administration Center (CAC) 1600 Pacific Highway Downtown San Diego ### ITEM #2 5 /6/08 CITY OF NATIONAL CITY Xc�clarr��ctrn�2 WHEREAS, our law enforcement officers are the guardians of life and property. defenders of the individual right to be free, warriors in the battle against crime, and are dedicated to the preservation of lift and property; and WHEREAS, the dedicated men and women who have chosen law enforcement as a career face extraordinary risk and danger in preserving our freedom and security_ and WHEREAS, in May of each year National Police Week is observed throughout the nation in order to recognize the hazardous work, serious responsibilities and strong commitment to our nation's peace officers; and WHEREAS, in conjunction with this special observance, May 7, 2008 is recognized as San Diego Law Enforcement Officers' Memorial Day in commemoration of those officers who have sacrificed their lives in the line of duty; and WHEREAS, these special observances provide an opportunity for the community to acknowledge the heroic men and women who have dedicated their lives to safeguarding public safety; and THEREFORE, as Mayor & City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim Wednesday, May 7. 2008 as: LAW ENFORCEMENT OFFICERS' MEMORIAL DAY We call upon all citizens of National City to remember those individuals who gave their lives for our safety and who continue to dedicate themselves to making San Diego County a safer place to live. Ron Morrison Mayor Frank Parra Vice Mayor Rosalie G. Councilmemhcr ividad cilmemhcr Fideles Uin ati Council member ITEM #3 5/6/08 Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of April 15, 2008 (City Clerk) 17 D / COMMISSI RECOMMEDATION At their meeting on April 9, 2008 the Traffic Safety Committee approved the staff recommendation to install 20 feet of green curb 30-minute parking in front of Art's Windows and Doors located at 19 Osbom Street, restricted between the hours of 8am•to 6pm, Monday through Friday. City of National City, California COUNCIL AGENDA STATEMENT -.FETING DATE May 6, 2008 AGENDA ITEM NO. 4 ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of 20 feet of green curb 30-minute parking in front of Art's Windows and Doors located at 19 Osbom Street (TSC Item No. 2008-8) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No STAFF RECOMMENDATION Ado •t e Resolutio ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 2. Staff Report to the Traffic Safety Committee A-200 (Rev. 7/03) Explanation Mr. Ignacio Gomez, property owner, and Mr. Arturo Castro, business owner, have requested the installation of one 30-minute parking space in front of Art's Windows and Doors located at 19 Osborn Street to provide better access for customers. Staff investigated the site on several occasions and noticed that at times parking is not available on the block. Sixty feet of unrestricted parking is located curbside, adjacent to the business. Staff recommends installing 20 feet of green curb 30-minute parking, which will leave 40 feet of unrestricted parking (enough for two vehicles). The parking will be restricted between the hours of 8am to 6pm, Monday through Friday, which will allow residents to park overnight and on weekends. Work will be completed by the City Public Works Department. TSC 2008-8 RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO INSTALL 20 FEET OF GREEN CURB 30-MINUTE PARKING IN FRONT OF ART'S WINDOWS AND DOORS LOCATED AT 19 OSBORN STREET (TSC No. 2008-8) WHEREAS, Ignacio Gomez, property owner, and Arturo Castro, business owner, have requested the installation of a 30-minute parking space in front of Art's Windows and Doors located at 19 Osborn Street to provide better access for customers; and WHEREAS, staff recommends the installation of 20 feet of green curb 30-minute parking between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, which will allow residents to park overnight and on weekends; and WHEREAS, at its meeting on April 9, 2008, the Traffic Safety Committee approved the installation of 20 feet of green curb 30-minute parking between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, in front of the business located at 19 Osborn Street. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to establish 20 feet of green curb 30-minute parking between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, in front of Art's Windows and Doors located at 19 Osborn Street. PASSED and ADOPTED this 6th day of May, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR APRIL 9, 2008 7 ATE N O. 2008-8 ITEM TITLE: REQUEST FOR INSTALLATION OF 30-MINUTE PARKING IN FRONT OF THE BUSINESS LOCATED AT 19 OSBORN STREET PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mr. Ignacio Gomez, property owner, and Mr. Arturo Castro, business owner, have requested the installation of one 30-minute parking space in front of their building located at 19 Osborn Street to provide better access for customers. Staff investigated the site on several occasions and noticed that at times parking is not available on the block. Sixty feet of unrestricted parking is located curbside, adjacent to the business. Staff recommends installing 20 feet of green curb 30-minute parking, which will leave 40 feet of unrestricted parking (enough for two vehicles). The parking will be restricted between the hours of 8am to 6pm, Monday through Friday, which will allow residents to park overnight and on weekends. STAFF RECOMMENDATION: Staff recommends installation of 20 feet of green curb 30-minute parking in front of the business located at 19 Osborn Street, restricted between the hours of 8am to 6pm, Monday through Friday. EXHIBITS: 1. Correspondence 2. Location Map 3. Photo 2008-8 K.125 red i 2-1 gl'e-/1 Gc-t r E7 -(or 3CD tAi Cow! C C i r7 Mez 2_s S ci t 1 r\r� C�-'nef t s-�r.��io c:: C 1 e 110-ne� IS (i) 0-3ue. 1 S At -A- cc, C�(`') `i3o CT)C.) e L.. Spa aramossortemesaawawo Jrrforemeneve•Dovammeorearan ,, ...1,ACANI v ILIAM a'fe,neaenaw~• 61.,•.omco sm:ao-aiulMIOOt (NATIONAL AVENUE) vli ijp i hV _il v N .:a o PI t JJ 31 14 .1 U1 — - '1 45 .• a 40 I C1i`t i4 Q • •. N • 44 1/ •� • N ♦ v N4 /07 /13 NJ • /1 ' a ; //t a /P! i /4I I /50 /Pl 2 0 /31� 1. tlV Illr 2%1 Y,11 ' 2/P u N • 22/ 1 u 2/t ♦ 117 A 135. N • 230 P♦/ 303 a - 1'10 3011 309 3// 304a 3i1 32♦: W a • A AVE. AVENUE � M {„�7�aJ IIQ� f�t'7 y - N ? N i + 7 3/ - ♦ ./ .,-1 12t t) N� ' /04 /1/ .a /14 /33 $ ♦ u /311 /3, 1 • • ST. Y AM .R /13 >" 46 /20 /J /4/ •4 /40 04 & Ia. paiPot 20t 107 2,2 2. 1 31/ .M vRN t$ -1 ♦ I.N. �JJ+ :I �_ I 3/6 •Ir i Business at 19 Osborn Street (looking east) City of National City, California COUNCIL AGENDA STATEMENT iETING DATE May 6, 2008 AGENDA ITEM NO. 5 ( ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of 25 feet of white curb parking in front of the mailbox located at 2700 E. 4'" Street for temporary mail carrier service (TSC Item No. 2008-9) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X NIA MIS Approval Financial Statement N/A Approved By: Finance Director Account No. S AFF RECOMMETION •d•.t = Reso BOARD / COMMISSIO RECOMMEDATION At their meeting on riI 9, 2008 the Traffic Safety Committee approved the staff recommendation to install 25 feet of white curb parking in front of the mailbox located at 2700 E. 4th Street for temporary mail carrier service. The project developer shall remove the white curb upon completion of the project. ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 2. Staff Report to the Traffic Safety Committee A-200 (Rev. 7ro3) Explanation Mr. Norm Smith, executive director of the Paradise Village subdivision, has requested the installation of 25 feet of white curb for mail carrier parking at 2700 E. 4th Street to meet the requirements of the United States Postal Service for establishing mail service. Mr. Smith has indicated that they need mail delivery for their temporary sales offices until their permanent offices are constructed (approximately 18 months). A mailbox has been installed adjacent to the project site on the north side of E. 4th Street, just east of the temporary sales office driveway and an existing crosswalk. Staff visited the site and noticed that much of the available curbside parking on the block was unoccupied. Staff recommends installation of 25 feet of white curb parking in front of the mailbox located at 2700 E. 4th Street, signed as follows: "Passenger Loading Zone 3 Minute Parking Only, 9am to 6pm, Monday thru Saturday." Residents will be allowed to park overnight and on Sundays. Work will be completed by the City Public Works Department. As part of the Paradise Village project, the adjacent south side curb will be reconstructed, at which point the white curb will be removed and replaced with unrestricted curb parking. TSC 2008-9 RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO INSTALL 25 FEET OF WHITE CURB PARKING IN FRONT OF 2700 EAST 4TH STREET FOR TEMPORARY MAIL CARRIER SERVICE (TSC Item No. 2008-9) WHEREAS, Norm Smith, Executive Director of the Paradise Village subdivision, has requested the installation of 25 feet of white curb for mail carrier parking to meet the requirements of the United States Postal Service for establishing mail service for their temporary sales office until the permanent offices are constructed in approximately 18 months; and WHEREAS, staff recommends the temporary installation of 25 feet of white curb parking in front of the mailbox located at 2700 East 4th Street, which states "Passenger Loading Zone, 3 Minute Parking Only, 9am to 6pm, Monday thru Saturday". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to install 25 feet of white curb for mail carrier parking in front of the mailbox located at 2700 East 4th Street, which states "Passenger Loading Zone, 3 Minute Parking Only, 9am to 6pm, Monday thru Saturday" to establish mail service for Paradise Village's temporary sales office until the permanent offices are constructed in approximately 18 months. PASSED and ADOPTED this 6th day of May, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR APRIL 9, 2008 ITEM TITLE: REQUEST FOR INSTALLATION OF WHITE CURB FOR MAIL CARRIER PARKING IN FRONT OF 2700 E. 41.11 STREET PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mr. Norm Smith, executive director of the Paradise Village project, has requested the installation of 25 feet of white curb for mail carrier parking at 2700 E. 4th Street to meet the requirements of the United States Postal Service (see attached policy) for establishing mail service. Mr. Smith has indicated that they need mail delivery for their temporary sales offices until their permanent offices are constructed (approximately 18 months). A mailbox has been installed adjacent to the project site on the north side of E. 4h Street, just east of the temporary sales office driveway and an existing crosswalk (see photos). Staff visited the site and noticed that much of the available curbside parking on the block was unoccupied. Staff recommends installation of 25 feet of white curb parking in front of the mailbox located at 2700 E. 4"' Street, signed as follows: "Passenger Loading Zone 3 Minute Parking Only, 9am to 6pm, Monday thru Saturday." Residents will be allowed to park overnight and on Sundays. STAFF RECOMMENDATION: Staff recommends installation of 25 feet of white curb parking in front of the mailbox located at 2700 E. 4th Street, signed as follows: "Passenger Loading Zone 3 Minute Parking Only, 9am to 6pm, Monday thru Saturday." The project manager shall notify City Engineering when the white curb parking space is no longer needed so that the space can be converted back to unrestricted parking. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 4. USPS policy 2008-9 ,�.✓ �,- (619) 475-5040 Phone . (619) 475-520$ Fax .www.i.iveAtYaradise.cum 2640 Hill Drive . National City, California 91950 PARADISEVILLAOE March 24, 2008 City of National City Engineering Uepartment 1243 National City Blvd National City, CA 91950 'To Engineering Staff_ It is our desire to establish U.S. Mail service to our temporary sales offices at 2700 E. 411i Street, and were told my Mr. Tony Perna at the San Diego District U.S. Post Office, that it will be necessary to have a 25 foot white curbing painted near the mail box before he will authorize delivery. We will need mail delivered to this site until our permanent offices are constructed (approximately 18 months). We will notify you when the parking space is no longer needed. 1 atn hereby requesting the curb to be painted by the City of National City, and am enclosing photos of the curbing. We would like the 25 feet to start on the left (east) of the crosswalk and as close to the crosswalk as possible. This section of 4`h Street is rarely used for parking at this time. 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I Z : I 2636 . 7) ' 2639 - 2548 ,.,..,'"4•1 --• 1.1 rn - vas " 1700 705 I 27'0 2502 2509 I • - 25/0 25:7 15,1 1525 1'. 2526 • - Z.53/ ' 1531 i • • 2539 ! 2511H' 1.1.505t 26011 - - • 26/2 262/ 1- • 2624 1_2735,1 Piz 27312 11273, f, 2ppy ° 2727 ". :0 .; I ••• ;'• f2743 j274 •6 412,4s: g.7,2•40 k., „ :.••• TS:, ,•ro f's4) I i% 31 m , • • 250/ 2109 21/7 4 • 2513 • ! • 2537 • 2519 , 200, f: • 2 16,1 o • 2 1'623 : • _96.3 ; 2647 1709 A LIRM T • AVE. • 2 r 63 61 lp20 : !s. ; • • !F. ; a .:,.. _ , •i ,-• t-.. - T. ''''• . ..t i • ,i ' „•0 4 ; .'; `.t1 g, •.• ',''i''. ' .-.4. , ! 1 :. ,, 3 -. 711 , ., /\ 'i, ...\:':',' . , ..:2 .;,. . • ' ."' C• `/ft = gar 'r{c; ��r-I♦r� I San Diego District OaUNITED STATES POSTAL SERVICE Quick reference Postal requirements: 1. Postal approval will be needed before mail service will be extended or continued to any new delivery, new resident, renovated building or buildings, and change in delivery or delivery equipment or delivery point. NDCBU'S, door slots, and vertical mailboxes are no longer approved mail equipment. ( 3. J Parking within 25' of mailboxes. 92101 25' from property line. (Measurement is based on path carrier will travel from parking place to first mailbox) 25' white curb for parallel parking. 5. Striped and sign for pull in parking. 6. Road must be a minimum of 24' curb to curb 7. 6-day access to mailboxes. 8. Signs on doors or in lobby's may be required. 9. Override or key keeper for locked entrances. 10. All mailboxes must meet Postmaster General Approval and large enough to handle your daily mail volume. You will also need a locking outgoing box. 11. Parcel lockers required for central delivery. (one per 10 deliveries) 12. Mail equipment must be installed off the street that it is addressed and not up or down any stairs. 13. Lay out of mail equipment must be approved by the Postal Service. 14. All secondary addressing must meet Postal approval. All boxes are required to he in numeric order. (No alpha or alpha numeric) This is intended as a quick reference only, please contact Operation Programs at 858-674-0509 for any question you may have or approvals. TONY PERNA 11251 RANCHO CAR * i On N 261 SAN (hrr.o CA 92199.9334 (858)674-0509 Fax: (650) ST7-4687 L MAL: rONY.R.P_fnungilu;E's.s jv City of National City, California COUNCIL AGENDA STATEMENT .AEETING DATE May 6, 2008 AGENDA ITEM NO. 6 (-ITEM TITLE A Resolution of the City of National City approving an encroachment agreement with Thrifty Oil Company for the installation of one groundwater monitoring well for Thrifty Oil Company Station #103 at 801 Roosevelt Avenue to be installed within the right-of-way of W. 9t Street approximately 100 feet West of Roosevelt Avenue adjacent to the northerly gutter PREPARED BY Charles Nissley DEPARTMENT Engineering EXT. 4396 EXPLANATION See Attached Explanation. J Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMM DATI Fjdopt the Res -- - — BOARD / C MM O RECOMMENDATION N/A l ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Encroachment Agreement oil A-200 (Rev. 7/03) e:XPLANATON: Thrifty Oil Company the owner of the property located at 801 Roosevelt Avenue is seeking an encroachment aTreement to install one additional groundwater monitoring well within the public right of way on W. 9 N Street west of Roosevelt Avenue in order to monitor the potential presence of total petroleum recoverable hydrocarbons [(TPHg), Benzene, Toluene, Ethyl benzene, and Xylenes (BTEX) and Methyl-Tert- Butyl Ether (MTBF) impacted soil and groundwater]. The installation and well monitoring shall be performed by Wayne Perry, Inc. as required by the County of San Diego Department of Environmental Health Site Assessment and Mitigation Division. The proposed monitoring wells will be constructed of a 2" diameter PVC casing with an 8" sand and bentonite grouted boring with a total well depth of 35 feet, completed with a flush mounted 12" diameter, traffic rated, steel well cover set in concrete. A Faithful Performance Bond in the amount of $2,000.00 has been posted with the City of National City, as a security for prompt completion of well drilling, installation, removal, abandonment and all appurtenant operations, including subsequent traffic loop repairs, street resurfacing, restriping and an additional S2,000.00 bond has been posted for any required well head adjustment RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN ENCROACHMENT AGREEMENT WITH THRIFTY OIL COMPANY FOR INSTALLATION OF ONE GROUNDWATER MONITORING WELL AT 801 ROOSEVELT AVENUE TO BE INSTALLED WITHIN THE RIGHT-OF-WAY OF WEST 9TH STREET, APPROXIMATELY 100 FEET WEST OF ROOSEVELT AVENUE ADJACENT TO THE NORTHERLY GUTTER WHEREAS, Thrifty Oil Company, the owner of the property located at 801 Roosevelt Avenue, is seeking an encroachment agreement to install one additional groundwater monitoring well within the public right-of-way on West 9th Street, approximately 100 feet west of Roosevelt Avenue adjacent to the northerly gutter in order to monitor the potential presence of total recoverable hydrocarbons; and WHEREAS, a Faithful Performance Bond in the amount of $2,000 has been posted with the City as a security for prompt completion of well drilling, installation, removal, abandonment, and all appurtenant operations, including subsequent traffic loop repairs, street resurfacing, restriping. An additional $2,000 bond has been posted for any required well head adjustment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an Encroachment Agreement with Thrifty Oil Company for the installation of one groundwater monitoring well at 801 Roosevelt Avenue within the public right-of-way on West 9th Street, approximately 100 feet west of Roosevelt Avenue adjacent to the northerly gutter in order to monitor the potential presence of total recoverable hydrocarbons. Said Encroachment Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of May, 2008. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney MONITORING WELL ENCROACHMENT AGREEMENT The City Of National City hereby grants an Encroachment Permit to the undersigned, 6 / Co - (hereinafter referred to as "PERMITFEE") in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code to install monitoring wells. The term "PERMITTEE" includes all successors in interest and assigns of the PFRMiTTEE. The PERMITTEE„ in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to install and maintain MONITORING WELLS (all hereafter designated from time to time as an `encroachment") within or upon a CITY easement, property or right-of-way for the use and benefit of PF.RMI1TEE'S property and adjacent lands, now covenants and agrees as follows: The site of installation and any description of PERMITTEE'S encroachment are described in EXHIBIT B. attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. This permit and agreement is made for the direct benefit of Permitter and Permittee's property above described, and the covenants herein contained, shall be binding on the PERMIT -FEE and the assigns and successors of PERMITTEE. This encroachment permit is issued pursuant to Chapter 13.12 of the National City Municipal Code, the terms of which PERMITTEF hereby specifically acknowledges, accepts and agrees to. Permittee also acknowledges that those terms and conditions include, without limitation, the city's right to require the removal, relocation or undergrounding of the encroactunent when deemed necessary and feasible by and in the sole discretion of the City Engineer, at pennittee's expense. The terms and conditions of Chapter 13.12 shall govern the interpretation and application of this encroacluncnt permit, the maintenance of the encroachment, and the PERMf1TEE'S duties and obligations. In the event of litigation to enforce any of the terms and conditions of this permit, the City shall be entitled to its attorney's fees and costs of enforcement. A copy of this encroachment agreement may be recorded against the pennittee's real property that may be benefited by the installation and maintenance of the encroachment. 2. The encroachment shall he maintained in a safe and sanitary condition at all times at the sole cost, risk and responsibility of PERMFI"1'EE and all successors in interest, so long as the encroachment exists. 3. Upon notification in writing by City's City Engineer, the above described encroachment shall he abandoned, removed or relocated by PERMiTTEE at the pennittee's sole expense. if PERMI`VI'EE Tails to remove or relocate the encroachment herein permitted within thirty (30) days after notice of removal or relocation from the City, CITY may cause such I removal or relocation to be done at Permittee's sole cost and expense, which cost shall be a lien upon the land benefited by the encroachment and the personal liability of the Permittee. 4. PFRMITTEE shall furnish the CITY with a faithful performance bond as security for the prompt completion of the installation, removal, abandonment and all appurtenant operations, including any necessary subsequent street resurfacing or rcstriping required for installing or maintaining the encroachment, which bond shall be maintained so long as the encroachment exists. 5. PERMITTEE shall indemnify, defend, and hold harmless Cfl'Y, and its officers, agents and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of Permittee's entry upon and use of (.'ity's easement or right-of-way for the installation, maintenance, removal and use of the permittec's encroachment.. 6. PERMITTEE shall take out and maintain, during the time the encroachment remains on City's easement or right-of-way, comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily and property damage arising out of this Agreement. This policy shall name CITY and its officers, agents, and employees as additional insured, and shall constitute primary insurance as to CITY and its officers, agents and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, PERMITTEE shall furnish CITY a certificate of insurance with original endorsements evidencing the coverage required by this clause. Should permitter fail to do so, City may elect to obtain such coverage at PERMITTEE'S expense or immediately terminate this agreement and require removal of the encroachment. 7. PERMITTEE is further responsible for obtaining any required construction, excavation, or building permits, for notification to Underground Service Alert, when applicable, and for the safe installation and maintenance of the encroachment at all times. 8. This encroachment Permit shall not be valid nor confer any rights to install and maintain an encroachment until it is approved by the City and accepted and acknowledged by the Permittee, and, if determined necessary by the City, recorded. 9. PERMITTEE shall within 48 hours upon written notification by the City, adjust, or cause to adjust the top of the well(s), if and when such adjustment will become necessary as a result of CITY's street resurfacing, or other construction operations. 10. PERMITTEE shall provide, and maintain adequate traffic control at the sole cost, risk and responsibility of PERMITTEE and successor in interest, during the course of the construction of the well, and the monitoring and sampling periods or any other operation, within the City right-of-way. PERMITTEE shall hold CI'I'Y harmless with respect thereto. I I. PERMII"JEE shall notify the CITY in writing of any proposed change in the location of the well prior to installation. PERMITFEE shall obtain additional permits for any such changes from the CITY prior to the commencement of work. 12. PF,RMC T1-1-: shall apply to the CITY Engineer of CITY for a construction permit, prior to the installation of the well on ? 96-e7~and for subsequent adjustments. 13. All operations conducted by the PERMI"I"I'EE on the CITY premises, including monitoring and sampling of the well, and running of equipment shall be limited to the hours set by the CITY's City Engineer, and there shall no deviations from these hours. 14. PERMf1"1'EE shall notify all adjacent residential and commercial developments as to the intended construction, and shall post notices indicating the type and the hours of construction, and all other subsequent work. The PERMTII'EE. shall diligently proceed to complete all work with a minimum of inconvenience to the public. 15_ PERMITTEE shall, at least 48 hours prior to start of construction, contact Underground Service Alert for all underground utility mark -out. It shall he the responsibility of the PERMITTEE to locate all substructures and protect them from damage. The expense or repair or replacement of said substructures shall be solely borne by the PERMITTEE, and the CITY shall he held harmless with respect thereto. 16. The PERM1'1'I'EE, shall be responsible for the prevention of damage to the adjacent property. No person shall excavate on land so close to the property line as to endanger any adjoining public street, sidewalk, alley or any other public or private property without supporting and protecting such property from settling, cracking, erosion, silting, scour or the damage which might result from the PE,RMITTEE's operations. 17. The PERMITTEE shall design, construct and maintain all safety devices, including shoring, and shall be solely responsible for conforming to all local, state and federal safety and health standards, laws and regulations. 18. The proposed well may exist in the public right-of-way for a maximum of two years. The PERMITTEE shall inform the CITY if additional time will be required for groundwater monitoring, and shall obtain the CITY's written approval for any time extension. 19. PERMCITEE shall notify the CITY in writing at least 48 hours prior to any intended monitoring the well to he conducted during the length of this encroachment. Such notification shall contain the time and date of the intended sampling, and shall he subject to the approval of the CITY. 20. PERMITTEE shall deposit a sum equal to $2,000.00 in the CITY's account, to be used only for emergency purposes, prior to the approval of this encroacluncnt agreement. J 21. The well cap installed under this permit, shall have information printed giving the name and phone number of responsible entity in charge of the installation and maintenance of the well. 22. The permittee shall provide the City with a copy of the site assessment and remediation report, a copy of the Department of Health Services, County of San Diego response, and the site remediation completion report. The report shall show the extent of ground water and/or soil contamination, if any. PLAT SHOWING LOCATION OF WELL HEADS OR OTHER STRUCTURES, EASEMENTS OR RIGIIT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXI IIBiT " B" ATTACHED PERMITTEE/APPLICAN'f 1)ated: Person in Responsible Charge Printed Name & Signature (Pt tit Name) Mailing Address 74riPJ o,/ c, . /3 // 6 T•tiybe.i4/ Nf94 c.. Sq./it Fe S c 90 a 24 hr. Phone Num er 562-%2/-358/ 6011: firk .) 7z. al 6 . s62-92./_ 358/ Firm Name Phone Number Attach notary certification for the name shown above. Use California All Purpose Acknowledgement Notary only. JS:jha2 encho MONITORING WELL INSTALLATION QUESTIONS 1) What is the time of completion of the drilling and well construction? 1 Days --- 2) What is the time required to install each well? 1 I)ay 3) How long will the wells remain in the street? 3 to 5 Years 4) How long will the abandonment of the wells be? (time frame) 1 Days 5) How often will the wells be monitored and sampled? 4 tunes per year — 6) How long will it take to purge and sample each well? 4 hours 7) Who will be responsible for removing the wells from the public right-of- way and restoring the street? Thrifty Oil Company 8) Who will be responsible for top of well head adjustments? Thrifty Oil W20-1', j 0 w-22 , \� 772, • —ems- I Y+c-T 8L1L STRFP,T 9th. ;'TRItiET -18 AG i-c W o €I in ea PUMP ISLANDS ®D 'ONCR11 �,1 1 AS-1.Y w—A- W 74* W .15♦ AG V 1L///// \ ww Nr NP NI' to, NP Nf' NP NP NY W-9 y C20• 1 U PROPOS./ II GROUNOWATI P MONIIOPINC KFV I 1.201I p w20-10 G20 1 NP oA/2 Down At.. war MO FLL O7243TCP i W1i F)C DFIINFAOR I IIGN LEVEL WARNING CLVICC RICNT IAIC CLOSED AFAR RC.AO WORK AHfNI (N11 ROAD WORK 1f.PORARY NO PN1KING TRAFFIC CONTROL PLAN WESTBOUND 9th STREFI NOR (1 0 60CCC1 ME `iCA.0 FORMER THRIFTY SERVICE STATION 801 ROOSEVELT AVE. NATIONAI. CITY. CA r141N( 14. 2 07.243 ACOR2T CERTIFICATE OF LIABILITY INSURANCE °`°1y 31/2ool Producer Joanna Mendoza SuuivanCurtisMOnroe Insurance Services 2100 Main Street Suite 350 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE I IOLDER. THIS CERTIFICATE DULS NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED By THE roLiciEs BELOW. Irvine CA 92614 IN URERS AFFORDING COVERAGE 949.250.7172 www.SullivanCurtisMonroe.com ENSURER American International Specialty A Lines A+XV License # 0E83670 INSURER Commerce & Industry __8 A+XV insured Wayne Perry Inc. ENsuIER Arnerican Intl. Specialty Lines C A+XV RrwRER SeaBright Insurance Company p A-VIII 8281 Commonwealth Ave. Buena Park CA 90621 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN i5 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE MDATE INDONYoo POLICY EXPIRATION M1 DATE LIMITS A GENERAL LIABILITY 7-COMMERCIAL GENERAL IiAB s MADE OCCUR V- BLIP PROP1665078 12/31/2007 EACH OCCURRENCE $ 5 00 12/31/2008 ERE DAMAGE (Any one n,e1 s 10O, 6 M1FD EXP (Any ote s 5 0p PERSONAL & ADV INJURY s $.000,000 $ 5.000,1y GENERAL AGGREGATE _Q$$22255,000000 Gtin AR- u AWNS PEIs -T�� P uK Y F 'ROJEGr n LOC PRODUCTS-COMP/OP AGG � $ 5.000 I I s B __y1 ✓IANYm o E LIABILITY _ ALL OWNED AUTOS SCHEDULED AUTOS 7 NIREO AUTOS '1 NDN-OWNED AUTOS CA6691454 12/31/2007 12/31/2008 COMe1NED SINGLE UM T s 1,000,000 BODILY IUURY (Per penal BODILY INJURY (Pe. occident) S PROPERTY DAMAGE (Per occident) S ----'WGAs�R.AGE I IA8nITY �� 1 AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC S AUTO ONLY: AGG S C TDCESS LIABILITY OCCBR IRREWICTIBLE TENTION • $ worms MADE 0 PROU7340721 12/31/2007 EACH OCCURRENCE S 4.000.11 1 12/31/2008 AGGREGATE S 4.000.101 $ —II S D WORKERS COMPENSATION & EMPLOYERS' LIABILITY B61071086 1/1/2008 I ♦ fSTATUTORY UMWT I I THER -.. -- - 1/1/2009 a EACH Acc+oENT S 1`01�1, 111 EL DRFA SE - EA EMPLOYEE S 1 ,1 1 1 1.1 1 EL DISEASE - MOOT LAN( S 1, 1 11 1 1 A Professional Liab Claims Made PROP16ti5078 12/31/200/ 12/31/2008 $5,000,000 Each Loss Limit DESCIW'fION OF OPERMIONS/LOCAT/INSNEHICLES/EXCWSIONS ADDED BY ENDORSEMENI/SPECIAL PROMS Re: All California operations of the named insured. CERTIFICATE FOLDER ' •' ` ' - CANCELLATION All California operations of named insured Wayne Perry, Inc. 8281 Commonwealth Avenue Buena Park CA 90621-0000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAUL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO AMR SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABRJTY OF ANY KIND UPON THE. COMPANY, ITS AGENTS OR REPRE- SENTATNES. ' 10 Days for Non -Payment of Premium AUTHORIZED REIRESENTATNE �� Bebe Prater E "tom ACORD 25-S (7/97) . 0 ACORD CORPORATION 1988 KO IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policyOes) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, sutje t to the tarots and conditions of the poky, certain policies may require an endorsement. A statement on this certificate does nut confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurr(s), autftorfzed representative or produces, and the certificate holder, nor does it affirmatively or negatively amend, extend or atter the coverage afforded by the policies listed thereon. ACOIiD 25-5 (7/97) created atwww.eCettsONIJNE.com // Bond Number: 08901160 Premium: $100.00 CITY OF NATIONAL CITY FAITHFUL PERFORMANCE BOND - STREET IMPROVEMENTS KNOW ALL PEOPLE BY THESE PRESENTS: THAT Earth Management Company , located at 13116 Imperial Highway, Santa Fe Springs, CA 90670 aS Principal, and Fidelity and Deposit Company of Maryland , located at 801 N. Brand BNd.. Glendale. CA 91203-3758 a surety authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto the CITY OF NATIONAL. CITY, in the sum of $ Two Thousand aril Nu/100 Dollars (S 2,000.00 ), for the payment whereof, well and truly to be made, said Principal and Surety hind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. 1'he condition of the foregoing obligation is such that, whereas the above -bounden Principal has applied for a grading permit pursuant to the requirements of Chapter 15.70 of the National City Municipal Code for the work located at 801 Roosevelt Ave, National City, CA 92050 (state location of work) and agrees to complete the work required by said grading permit as required by said Chapter 15.70, and in addition, to be responsible for all costs, expenses and fees, including reasonable attomey's fees, incurred by the City of National City in enforcing the terms and conditions of said grading permit. NOW, 1'LIEREFORE, if the above -bounden Principal shall faithfully perform all of the provisions of said contract, then this obligation shall he void; otherwise to remain in full force and effect. SIGNED AND SEALED this 31st date of January, 2008 , 2003- APPROVED AS TO FORM: By GEORGE H. EISER, III City Attorney Earth Management Company (Name of)'ncipal) Title: (Seal) Fidelity and Deposit Company of Maryland (Name o f Surety) rTh Jackson, (Attorney Fact) (Attached Notary Acknowledgment for AttonVin.-Fact) Address to which notice to Surety should be sent: 801 N. Brand Blvd.. Glendale, CA 91203-3258 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On JAN 3 1 2008 before me, Lisa Clark, Notary Public DATI- NAMF. 11ILE OF OFFICER - F G . "JANE DOE. NOTARY PUBLIC' personalty appeared Teresa I. Jackson who proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. USA aJ Cum ,ra : a 1511501 WITNESS my hand and o cial -al. 6 F a �7tH w; Nota: p - calltolma Orange County My Comm. Expires Sep 3, 2008 SIGNATURF OF NOTARY OPTIONAL nigh the data below is not required by taw. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER II INDIVIDUAL L. !CORPORAI E OFFICER 111 LL(S) PARTNERS) I-1 LIMITED GENERAL ATTORNEY -IN -FACT MUSTERS) LI GUARDIAN/CONSERVATOR F__ 1 OTHER. _ SIGNER IS REPRESENTING: NAME Of PLF2SONiS) OR f_N1: I Y11FSI DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES JAN 3 1 2008 DATE OF DOCUMENT mdelity and Deposit Company of Maryland sIGNFR(s) OTHER THAN NAMED ABOVE Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRJ. Sl.NTS: That the rtDEL[TY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary, in pursuance of authority granted by Article Vi, Section 2, of the By -Laws of said ny, which are set forth on the reverse side hereof and arc hereby certified to be in full force and effect on the 1 ereby nominate, constitute and appoint Teresa I. JACKSON, Lisa CLARK and Mike, .os es, California, EACH its true and lawful agent and Attorney -in -Fact, to make, exec c o r as surety, and as its act and deed: any and all bonds and undertakin n o ertakings in pursuance of these presents, shall be as binding upon said Co y, r a .•.I�tPt$dts�end purposes, as if they had been duly executed and acknowledged h I, ' ed' . any at its office in Baltimore, Md., in their own proper persons. Th. half of Michael R. SZOT, Noemi QUIROL, Teresa I. JACKSON, Lisa Cdr The said Assistant : M• t eby certify that the extract set forth on the reverse side hereof is a tnle copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 22nd day of January, A.D. 2008. ATTES'I•: FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Gerald F. Ilaley Assistant Secretary Wi!linm .l. 1Vlills Vice President State of Maryland ss: City of Baltimore On this 22nd day of January, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, carve WILLIAM J. MILLS, Vice President, and CGERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to nle personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the sane, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. aSR ✓ (5;;) Dennis R. Ilayden Notary Public My Commission Expires: Fehruar y 1, 2009 POA-F 012-7361B Bond Number: 08901162 Premium: $100.00 CITY OF NATIONAL CITY FAITHFUL, PERFORM ANCE BOND - STREET IMPROVEMENTS Bond in Lieu o1 $2,000 Cash Deposit KNOW ALL PEOPLE BY THESE PRESENTS: THAT Earth Management Company , located at 13116 Imperial Highway, Santa Fe Springs, CA 90670 as Principal, and Fidelity and Deposit Company of Maryland , located at 801 N. Brand Blvd , Glendale. CA 91203 3258 a surety authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto the CITY OF NATIONAL CITY, in the sum of $ Two Thotisarld and No/100 Dollars (5 2,000.00 ), for the payment whereof, well and telly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that, whereas the above -bounden Principal has applied for a grading permit pursuant to the requirements of Chapter 15.70 of the National City Municipal Code for the work located at _ 801 Roosevelt Ave, National City. CA 92050 (state location of work) and agrees to complete the work required by said grading permit as required by said Chapter 15.70, and in addition, to be responsible for all costs, expenses and fees, including reasonable attorney's fees, incurred by the City of National City in enforcing the terms and conditions of said grading permit. NOW, THEREFORE, if the above -bounden Principal shall faithfully perform all of the provisions of said contract, then this obligation shall he void; otherwise to remain in full force and effect. SIGNED AND SEALED this 15th date of February, 2008 , 200i- APPROVED AS TO PORM: Earth Management Company (Name of Principal) 13y: Title r 1/1 (Seal) Fidelity and Deposit Company of Maryland (Name of Surety) I3y.— By:r-- GEORGE H. EISER, ill Lisa Clark, (Attorney -in -Fact) City Attorney (Attached Notary Acknowledgment for Attorney -in -Fact) Address to which notice to Surety should be sent: 801 N. Brand Blvd., Glendale. CA 91203-3258 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On FEB 1 5 2008 before me, Teri Jackson, Notary Public UA1E NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared Lisa Clark , who proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. .. T[RI JACK$ON ,'` . b Commission 0 )7712)$ r • i Notary public - California f WITNESS my hand and official seal. SIGN/CTILRF OF NOTARY OPTIONAL Though the data below is not :cqurred by law, it may prove valuable to persons retying on the document and coukf prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER I INDIVIDUAL OCORPORATE OFFICER 11ILE(S) • PARTNER(S) ® ATTORNEY -IN -FACT 11.1 n GUARDIAN/CONSERVATOR [1 OTHER: 1 RUSTEC(S) SIGNER IS REPRESENTING: NAME Or PERSON(S) OR CNTITY(IES) n LIMITED n GENERAL Fidelity and Deposit Company of Maryland DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES FEB 1 5 2008 DAIt OF DOCUMENT SIGNER(S) OTHER TI IAN NAMED ABOVE I� Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY TIIESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WIL LIAM J. MILLS, Vice President, and (il.RAI.D F. HALEY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said the reverse side hereof and are hereby certified to be in full force and effect on the da h( constitute and appoint Teresa I. JACKSON, Lisa CLARK and Mike I)f, lljrt its true and tawfid agent and Attorney -in -Fact, to make, exectrt act and deed: any and all bonds and undertakin presents, shall he as binding upon said Cr y executed and acknowledged the J1 Xk1 : proper persons. "III- JACKSON, Lisa C y, which are set forth on ereby nominate, es, California, EACH as surety, and as its fiertakings in pursuance of these Eirjri(slind purposes, as if they had been duly p ny at its office in Baltimore, Md., in their own ehalf of Michael R. SZOT, Noemi QUIROZ, Teresa 1. The said Assistant eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- L isbfsaid Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 22nd day of January, A.D. 2008. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND I3y: Gerald / Maley Assistant Secretary William J. Mills Vice President State of Maryland ss: City of Baltimore On this 22nd day of January, A.D. 2008. before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GERALD F. IIAI.EY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to he the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swore, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. f)enniv R. Hayden Notary Public My Commission Expires: February 1, 2009 POA-F 012-7361B / 7 City of National City, California COUNCIL AGENDA STATEMENT METING DATE May 6, 2008 AGENDA ITEM NO. 7 ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute Contract between Rick Engineering Company and the City of National City for a Not to Exceed amount of $370,597 to provide civil engineering design services for the Bay Marina Drive Widening Project (Funded by Tax Increment Funds) PREPARED BY DEPARTMENT EXT. 4387 Din Daneshfar Engineering EXPLANATION See attached explanation. Environmental Review Completed MIS Approval Financial Statement The funding is through Tax Increment Funds. Approved By: Finance Director Account No 900821 STAFF RECOMME DATION dopt the Res n. �/ O RD / M IION RECOMMEDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Contract Agreement l � A-200 (Rev. 7103) Background Rick Engineering Company has been the primary engineer of work for the Marina Gateway Projects (Sycuan Hotel, Bay Marina Drive Widening) and is familiar with the requirements and objectives of the development area. In preparation of plans for the Bay Marina Drive Widening Project, Rick Engineering Company is currently working with City staff, Caltrans, and Metropolitan Transit Systems to complete the drawings for Bay Marina Drive. Proposed New Contract and Scope of Services There is additional development within the Marina Gateway that needs to be designed to be cohesive with the Bay Marina Drive (BMD) Widening Project. The additional projects interconnect with the Marina Gateway. Staff recommends that a new contract be approved between the City and Rick Engineering Company to complete the BMD widening project and to provide engineering services for the new the additional development projects that could includes but is not limited to the following: a) Street improvements: a. Bay Marina Drive b. Harrison Avenue c. 23rd Street b) Landscape design a. Bay Marina Drive b. Harrison Avenue c. 23rd Street d. Cleveland Avenue c) Environmental clearances a. Storm Water Pollution Prevention Plan (SWPPP) b. Standard Urban Storm Water Mitigation Plan (SUSMP) c. Coastal Permits d) Construction plans and specifications at 30%. 70% and 100% a. Surveying b. Geotechnical c. Drainage analysis Cost Proposal for Design Services The total proposed Not to Exceed cost for the design services is $370,597. Estimated Project Schedule It is estimated that the design be completed by October 2008 and the construction by May 2009. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH RICK ENGINEERING IN THE NOT TO EXCEED AMOUNT OF $370,597 TO PROVIDE CIVIL ENGINEERING DESIGN SERVICES FOR THE BAY MARINA DRIVE IMPROVEMENT PROJECT WHEREAS, the City desires to employ a consultant to provide civil engineering design services for Bay Marina Drive Improvement Project, and WHEREAS, the City has determined that Rick Engineering is a professional multi -disciplined planning, design, and engineering company, and is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Rick Engineering to provide civil engineering design services for Bay Marina Drive Improvement Project. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of May, 2008. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND RICK ENGINEERING COMPANY THIS AGREEMENT is entered into this 6t' day of May, 2008, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Rick Engineering Company, a planning, design, and engineering company (the "CONTRAC- TOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide engineering design services for the Bay Marina Drive Improvement Project. WHEREAS, the CITY has determined that the CONTRACTOR is a multi -disciplined planning, design, and engineering company and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% (ten percent) from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Din Daneshfar, P.E., Principal Civil Engineer, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRA- CTOR. John D. Goddard, Jr., P.E., Associate Principal, thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "C". The length of this agreement shall be 255 (two hundred and fifty-five) working days from the date the agreement is entered. Therefore, the final report shall be submitted no later than Monday, April 27, 2009. 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 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 CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. 3 The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and • members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: 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 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 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 owned, non -owned, and hired vehicles ("any auto"). C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence and $2,000,000 in the aggregate, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONTRACTOR's employees, with limits sufficient to satisfy statutory requirements. In addition, the policy shall be endorsed with a waiver of subrogation as to the CITY. 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, and additional insured endorsements shall be provided. 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. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agree- ment. 1. 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. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 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 6 dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation, shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. 7 E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of Califomia) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: To the CONTRACTOR: Maryam Babaki, P.E. City Engineer City of National City 1243 National City Boulevard National City, CA 91950-4301 Tel: (619) 336-4383 Fax: (619) 336-4397 John D. Goddard, Jr., P.E. Associate Principal RICK Engineering Company 5620 Friars Road San Diego, CA 92110-2596 Tel: (619) 291-0707 Fax: (619) 291-4165 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. 8 U�! Uli Lt1Ud 11rri 9: U' NIA LI uuc 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 tiro City of National City. The CONTRACTOR• also agrees not to specify any product, t=eatrrent, 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 thai 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 intluence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. 1 he CONTRACTOR represents. that it has no knowledgeofany financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CiTY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR_ 22. MISCELLANEOUS • PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreementis-orends on a Saturday, Sunray or federal, state ortegalholiday, then such date shall automatically be extended until 5:00 PM 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 solelyfor theconvenience of the. par11es hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the vapidity of this Agreement or any provision hereof. D. No Obligations fa Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement -shall not be- deemed-to- cxsnfer 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 Exhiibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. • Exhibit A - Scopo.of Services .and.Hourly . Rate. Schedule • Exhibit B -- Fee Schedule/Breakdown • Exhibit C - Project/Work Schedule • Exhibit D - Firm Biography �p 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 Califomia. I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney DD:kf Updated 2007 11 RICK Engineering Companv (Corporation — signatures of two corporate officers) (Pa ership — one signature) (SQ oprie orship I.ne sig Z to ) (Name) . tisa12,51erl (Title) / (Title) EXHIBIT "A" 12 TM RICK ENGINEERING COMPANY April 29, 2008 Ms. Maryam Babaki City of National City 1243 National City Boulevard National City, California 91950 SUBJECT: BAY MARINA DRIVE WIDENING & MARINA GATEWAY STREETSCAPE (RICK ENGINEERING COMPANY JOB NUMBER 12861-N) Dear Maryam: Pursuant to your request, we arc presenting this proposal to provide surveying and final engineering services necessary to complete the Bay Marina Drive widening plans and to prepare plans for the Marina Gateway Strcetscape project. Plans for the streetscapc will be based on an exhibit titled, "National City Marina Gateway Streetscape", dated "Draft March 6, 2008," prepared by MW Steele Group. The scope for services already performed, services for Bay Marina Drive and for the Marina Gateway Streetscape is more fully described below. SCOPE OF WORK I. Additional Services Already Performed for Bay Marina Drive The following services were performed between October 1, 2007 and February 29, 2008. A. Provided engineering services for the preparation of the General Order No. 88B (GO 88B) application and the necessary exhibits and maps to accompany the application per the California Public Utilities Commission (CPUC) criteria and requirements. Also included were coordination services with the City of National City, Metropolitan Transit System (MTS), SD Freight Rail Consulting and the CPUC in the preparation and submittal of the GO 88B application and exhibits. B. Attended meetings with the Client for project status, the submittal and processing of the GO 88B application to the CPUC, and to discuss Caltrans Encroachment Permit and right-of-way comments and issues. C. Attended meetings with Caltrans staff to discuss proposed landscaping, sidewalk, and right-of-way issues. 5620 Friars Road • San Diego, California 92110-2596 • (619) 291-0707 • FAX: (619) 291 4165 • rickengineering.com SAN DIFGO RIVERSIDE ORANGE SACRAMENTO _tJJ I.UIS OBISPO BAKERSFIELD PHOENIX TUCSON Ms. Maryam Babaki April 29, 2008 Page 2of.if D. Attended field meetings to meet with MTS to discuss the existing railroad tracks and the proposed improvements to the existing tracks. E. Provided consultation services necessary to coordinate and provide information for the Client and other consultants. This included providing print packages of the plans and performing digital file transfer and translations per the request of the Client and consultants. F. Attend meetings with City Staff and M. W. Steele Group, Inc. to discuss the street improvements for Cleveland Avenue, 23rd street and Harrison Avenue. In addition, Rick Engineering Company prepared and provided M. W. Steele Group with reference plans, aerial photos and translated digital files for their use. G. Provided coordination, consultation and processing for plan revisions outside the scope of the original Contract with the CDC. II. Services Necessary For Revisions To Bay Marina Drive Construction Drawings A. Prepare a water pollution control plan for the portion of the project within the Caltrans right-of-way in conjunction with the Encroachment Permit pursuant to new requirements of Caltrans. B. Evaluate access issues necessary to close westerly hotel driveway. Then perform plan revisions necessary to close the westerly Bay Marina Hotel Drive. Also perform the design necessary to close Harrison Avenue connection to Bay Marina Drive. Included is the signal modification plan for the Bay Maria Drive/Marina Way signal. In conjunction with closing Harrison Avenue, evaluate and design new improvements westerly to the easterly railroad right-of-way. This excludes any modifications to the railroad crossing signal west of Marina Way/Harrison Avenue or street improvements within the vicinity of the railroad crossing. C. Update electrical design for decorative street lighting and provide design for landscape lighting, including calculations and design for a second landscape controller east of Cleveland Avenue. D. Because drainage design criteria from Caltrans has been updated, update the current project Caltrans drainage study. E. Prepare a Water Quality Technical Report and Operation and Maintenance Plan as required by the City. F. Prepare plat and legal descriptions for the railroad right-of-way at the widening of Bay Marina Drive (south side) for either street casement or dedication by MTS. Ms. Maryam Babaki April 29, 2008 Page 3 of :11 G. Provide design services necessary to add enhanced pavement on Bay Marina Drive at Cleveland Avenue and at Marina Way. H. Provide consultation services necessary to complete the coordination and processing of the plans with these revisions through Caltrans, Sweetwater Authority, MTS, CPUC, and the City of National City. III. New Services This item is for services to perform conceptual urban design, design development and construction documents for street improvements and streetscape for Cleveland Avenue between Bay Marina Drive and 23`d Street and 23`d Street between the proposed Santa Fe Historic Depot Plaza and McKinley Avenue. Cleveland Avenue improvements will tie into the Bay Marina Drive and extend to the northerly curb returns at the intersection with 23`d Street. Improvements for 23`d Street will begin at, and include the turn -around at the entrance to the proposed Depot Plaza and extend easterly to, and end at the northerly curb returns at the intersection of McKinley Avenue. In addition, this item includes conceptual urban design, design development, and construction documents for that portion of the proposed Historic Depot Plaza that lies within the public right of way of Harrison Avenue. Design development and construction documents will be submitted as follows: design development/construction documents at 30%, construction documents will also be submitted at 70% and 100% completion for City review. Services are further described as follows: A. Provide Conceptual urban design for (provided by M. W. Steele Group, Inc.): 1. The street rights of way for 23`d Street, Cleveland Avenue and Harrison Avenue 2. The potential Historic Santa Fe Depot Plaza 3. Potential additional streetscape improvements and addition of pedestrian plaza feature or public art along Bay Marina Drive at the "Hotel Site". 4. Coordination and meetings with the CDC and Rick Engineering Company to provide periodic design review related to the preparation and third party review for the construction 'documents. B. Prepare a preliminary opinion of probable construction costs for improvements to Harrison Avenue, 23`d Street and Cleveland Avenue between Bay Marina Drive and 23rd Street. The opinion will he based on an exhibit titled, "National City Marina Gateway Street Scape," and dated "Draft March 6, 2008," prepared by MW Steele Group. It is understood by the City that this exhibit is schematic, therefore, the opinion will be very preliminary and exclude railroad improvements which may be required by MTS. /C� Ms. Maryam Babaki April 29, 2008 Page 4 of 11 C. Provide surveying services necessary to prepare base map for design development and construction documents as follows: 1. Cross -sections for Harrison Avenue on 25-foot intervals for a Length of 450 L.F. Locate any utilities within this area. Cross -sections for 23nd Street on 25-foot intervals for a length of 700 L.F. Locate any utilities within this area. 3. Cross -sections Cleveland Avenue on 25-foot intervals for a length of 500 L.F. Locate any utilities within this area. 4. Cross -sections McKinley Avenue on 25-foot intervals for a length of 150 L.F. Locate any utilities within this area. 5. Perform field topographic mapping (topo) of the Train Depot parking lot West of Harrison Avenue and North of Bay Marina Drive, the topo will extend 40- feet outside the parking lot, locating curb, buildings, utilities, and any other features. 6. Locate property corners to provide centerline and right of way alignments for mapping services. D. Perform right-of-way surveying, research maps and title reports, field work and boundary analysis. Then prepare annotated base file of right-of-way and centerline of Harrison, Cleveland, 23`d, McKinley and right-of-way for APN 559-040-43-01 (Historic Train Depot). Excluded is the preparation of a Record of Survey (if material discrepancies from record information are discovered in the survey). E. Provide Geotechnical services necessary to perform design for Cleveland Avenue, 23"d Street and Harrison Avenue improvements (Ninyo & Moore). F. Perform refinement of various components of the Conceptual Master Plan prepared by MW Steele Group and prepare design details, a preliminary materials palette, material catalog cuts and preliminary specifications of the proposed site features and improvements for review by City of National City. Then present this information at one 4-hour meeting at which the City will make all necessary decisions for Consultant to complete all construction drawings. After said meeting, prepare 30% construction documents including elevations, sections, details and other graphic illustrations required to firmly fix the project in its landscape, civil and electrical considerations. Upon completion of 30% construction documents and 30% specifications, Consultant will submit same to the CDC/City of National City. It is understood and agreed to that the CDC/City will perform a thorough and complete plan check, reviewing all aspects of design, then provide the Consultant with required /G� Ms. Maryam Babaki April 29, 2008 Page 5 of 11 corrections and revisions in writing or as plan mark-ups. The Consultant will use these comments/mark-ups to complete the construction documents and specifications. The Consultant will, during completion, submit 70% documents to CDC/City for verification that comments have been addressed. It is understood that the CDC/City will not bring up new design issues, requirements, revisions or requests. If new issues, requirements, revisions or requests are given to the Consultant at the 70% review, the Consultant will require additional fees to complete the plans. 1. Design Development Package — 30% Construction Documents shall include: a. Site development plan: prepare a site plan indicating general locations and nature of existing conditions and improvements. b. Paving materials and finish. c. Preliminary Planting Plan. d. Field/Site lighting plans with light fixture recommendations (By Electrical Engineer). e. Site furnishings and materials hoards for streetscape. f. Sketch details construction details. g. Preliminary drainage and improvement plans for street rights -of -way. h. Product information cut sheets, construction material specifications. i. Statement of probable construction cost. 2. Prepare 70% and 100% construction documents and specifications. Included are improvement plans, landscape and irrigation plans, street lighting and specifications. Plans will include curb, gutter, sidewalk, enhanced pavement, landscaping, streetscape furniture, fountain and steps/ramps. Also included are signage and striping plans, traffic control, and signal modification for the signal at Cleveland Avenue and Bay Marina Drive. C. Prepare and process through the City of National City, one (1) Drainage Study to analyze both prc-project and post -project runoff within the limits of the project. Minor drainage improvements along the surface of the project will also be included. However, it is our understanding there is no storm drain to facilitate major drainage improvements without extending outside the project limits. Included is on -site /7 Ms. Maryam Babaki April 29, 2008 Page 6 of 11 rational method hydrology for both pre -project and post -project conditions, for the 100-year storm event, drainage study maps (pre -project and post -project), and the report. The report and the analyses will support the final engineering improvement plans. H. Prepare and process through the City of National City, one (1) WQTR to identify possible post -construction pollutants and identify all proposed permanent storm water BMPs, including site design, source control, and treatment control to be constructed with this project. The project must comply with the requirements of the new Municipal Storm Water Permit, Order No. R9-2007-0001 issued by the SDRWQCB on January 24, 2007 to the San Diego Municipal Copermittees. The new Municipal Storm Water Permit includes several new requirements with respect to design and construction of new projects. Specifically, this WQTR will also address low impact development (LID) requirements (including all permanent storm water BMPs). An Operation and Maintenance Plan (OMP) will also be prepared and provided as an appendix to the WQTR. Since approval of the final improvement plans is anticipated to occur before January 2009, the project will not be subject to hydromodification requirements (per the new municipal permit — see WQTR discussion below). I. We will prepare a Storm Water Pollution Prevention Plan (SWPPP), in accordance with the current State and Regional regulations (State Water Resources Control Board (SWRCB) Order No. 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002, Waste Discharge Requirements (WDRs) for Discharges of Storm Water Runoff Associated with Construction Activity (General Permit), adopted on August 19, 1999). Rick Engineering Company will also prepare a Notice of Intent (NOI) to be signed by the property owner. After receiving the NOI, the State Water Resources Control Board will issue a Water Discharge Identification number (WDJD #). This is necessary to ensure compliance with the General Permit for Storm Water Discharges Associate with Construction Activities in the State of California. A requirement of the NPDES permit is that all contractors and subcontractors are SWPPP trained. We will provide these services in one four-hour on -site SWPPP/SWSAS training session for the contractor, owner and applicable on -site personnel. This training will include, SWPPP implementation as well as other issues related to the Construction Storm Water General Permit /SWSAS. J. Provide consultation services necessary to coordinate the work with the CDC, City, other project consultants and other agencies. Also included is attendance at team, CDC, City, and other agency meetings, as well as assistance with processing of plans. Ms. Maryam Babaki April 29, 2008 Page 7 of 11 K. Provide 90 hours of construction administration services to include bid support during City bidding, answer requests for information, review of shop drawings, perform construction changes and prepare as -built drawings for City records. As -built drawing will be prepared from contractor mark-ups and City inspector records only. Site observation and reports are specifically excluded. The Consultant will require additional fees for any hours exceeding this. IV. Reimbursables Provide reimbursable services budget including printing, mileage, mylar production, blueprinting and any other miscellaneous processing fees. EXCLUSIONS Not included in either the above scope of work or fee are services which may be necessary and the following: 1. Structural engineering. 2. Retaining or free standing wall design. 3. Potholing services and surveying services to locate underground utilities. 4. 'Transportation planning or traffic analyses. 5. If indications of potential environmental concerns (e.g. odors, soils staining) are encountered during the geotechnical field sampling, supplemental environmental assessments are excluded. 6. Revisions to design, studies, or plans due to changes in any regulations or standards adopted after the date of the Notice to Proceed. 7. Design for improvements outside of the rights -of -way covered in the above scope. 8. Water feature design. 9. Construction management and inspection. 10. Construction staking. 11. Any rail design started after initiation of work. 12. Engineering services not specifically described in the scope of work above. Ms. Maryam Babaki April 29, 2008 Page 8 of . 11 FEES Our fee for the above -described work will be on a Time and Materials basis per our current Schedule of Hourly Rates (enclosed) not to exceed $370,597.00 without your prior authorization. I. Additional Services Already Performed for Bay Marina Drive $ 14,197.00 Ii. Revisions to Bay Marina Drive Construction Drawings A. Water Pollution Control Plan $ 4,500.00 B. Hotel Driveway/Ilarrison Avenue Revisions $ 11,000.00 C. Update Electrical Design (Turpin & Rattan) $ 3,800.00 D. Update Drainage Study $ 3,500.00 E. Water Quality Technical Report $ 10,300,00 F. Plat & Legal Descriptions at Railroad Right -of -Way $ 1,800.00 G. Enhanced Pavement $ 4,500.00 H. Consultation & Processing Services $ 10,500.00 Item II: $ 49,900.00 New Services A. Conceptual Urban Design (MW Steele Group, Inc.) $ 24,000.00 B. Opinion of Probable Construction Costs $ 4,700.00 C. Surveying for Base Map $ 8,800.00 D. Right -of -Way Surveying $ 9,000.00 E. Geotechnical Services (Ninyo & Moore) $ 18,000.00 F. Conceptual Master Plan Refinement/Construction Documents 1. Design Development/30% Documents a. Landscape Architecture $ 23,600.00 Ms. Maryam Babaki April 29, 2008 Page 9 of . 11 b. Civil Engineering $ 27,500.00 c. Electrical Engineering (Turpin & Rattan) $ 4,500.00 2. 70% & 100% Construction Documents a. Landscape Architecture $ 35,500.00 b. Civil Engineering $ 72,500.00 c. Electrical Engineering (Turpin & Rattan) $ 11,000.00 G. Drainage Study $ 9,400.00 H. Water Quality Technical Report & Operation & Maintenance Plan $ 9,400.00 1. Storm Water Pollution Prevention Plan $ 8,600.00 J. Consultation $ 10,000.00 K. Constnuction Administration Services 1. Civil Engineering $ 9,600.00 2. Electrical Engineering $ 3,400.00 Subtotal for Item III: $ 289,500.00 IV. Reimbursables $ 17,000.00 Total: $ 370,597.00 Note: A 10 percent fee for administration, coordination and handling has been included in subconsultant fees above. Fees and expenses will be billed monthly as the work progresses and the net amount shall be due within thirty (30) days from the date of receipt of the invoice in the Client's office. The enclosed Standard Provisions of Agreement arc incorporated herein and made a part of this agreement. Ms. Maryam Babaki April 29, 2008 Page 10 of :11 If notice is delayed for any reason beyond sixty (60) days, it is understood by the parties that the terms and conditions contained herein are subject to revision. Two originals of this agreement are being provided. If you would like us to proceed on this work as outlined above, we ask that you please sign and return one of the agreements as our written authorization. If you have any questions regarding this agreement, please contact me directly. Thank you for requesting Rick Engineering Company to provide these services. Sincer CK EN i.1NEERJNG COM hn D. Goddard, Jr. ssociate Principal 1DCC:RM.Proposals\12861-N Attachments APPROVED BY: Signature Date EXHIBIT "B" 13 (2 RICK ENGiNE.ERiNG COMPANY Page 11 of 1.1 Hourly Rates - California Offices March 1, 2008 - August 29, 2008 Principal Consultant (Special Projects) $ 190.00 Principal 175.00 Associate Principal 160.00 Associate/Manager 150.00 Principal Project Engineer/Manager 130.00 Associate Project Engineer/Manager 125.00 Assistant Project Engineer/Manager 115.00 Principal Engineering Designer 107.00 Associate Engineering Designer 102.00 Assistant Engineering Designer 97.00 Principal Engineering Drafter 89.00 Associate Engineering Drafter 82.00 Assistant Engineering Drafter 74.00 Principal Construction Engineer/Manager $130.00 Associate Construction Engineer/Manager 125.00 Assistant Construction Engineer/Manager 115.00 Principal Construction Technician 107.00 Associate Construction Technician 102.00 Assistant Construction Technician 97.00 Principal Transportation Engineer $130.00 Associate Transportation Engineer 125.00 Assistant Transportation Engineer 115.00 Principal Transportation Designer 107.00 Associate Transportation Designer 102.00 Assistant Transportation Designer 97.00 Director of Planning $160.00 Principal Project Planner 150.00 Senior Project Planner 125.00 Assistant Project Planner 115.00 Senior Planner 107.00 Associate Planner 102.00 Assistant Planner 97.00 Senior Planning Technician 89.00 Associate Planning Technician 82.00 Assistant Planning Technician 74.00 Planning Assistant 60.00 Principal Water Resources Designer $107.00 Associate Water Resources Designer 102.00 Assistant Water Resources Designer 97.00 Associate Landscape Architect $140.00 Principal Project Landscape Architect/Manager 125.00 Associate Project landscape Architect/Manager 115.00 Assistant Project Landscape Architect/Manager 105.00 Principal Landscape Designer 97.00 Associate Landscape Designer 92.00 Assistant Landscape Designer 87.00 Principal Landscape Drafter 76.00 Associate Landscape Drafter 71.00 Assistant Landscape Drafter 65.00 Associate Environmental Project Manager S 125.00 Assistant Environmental Project Manager 115.00 Principal Environmental Specialist 107.00 Associate Environmental Specialist 102.00 Assistant Environmental Specialist 97.00 Environmental Technician 74.00 Expert Witness $300.00 Court Appearance per half day or part 1,200.00 Photograrmnetry Super -visor $135.00 Principal Photogrammetrist 105.00 Associate Photogrammetrist 95.0 Assistant Photogrammetrist 93.0E, Principal GIS Analyst $105.00 Associate GIS Analyst 100.00 Assistant GIS Analyst 93.00 Principal Computer Graphics Editor 88.00 Associate Computer Graphics Editor 83.00 Assistant Computer Graphics Editor 73.00 Field Supervisor $130.00 One -person Survey Party 105.00 Two -person Survey Party 170.00 Three -person Survey Party 235.00 Prevailing wage rates for Survey Parties slightly higher. Computing & Mapping Director $130.00 Principal Survey Analyst 120.00 Associate Survey Analyst 105.00 Assistant Survey Analyst 90.00 GPS Pre-planning/Post-processing 120.00 GPS Survey Party 85.00/person/hour Associate Project Administrator $60.00 Assistant Project Administrator 43.00 Administrative Assistant 60.00 When authorized, overtime shall be charged at the lisuxl rates times 1.3. Unless otherwise agreed upon, we shall charge for printing, reproduction, deliveries, transportation, and other expenses. A ten (10) percent fee for administration, coordination and handling will be added to all subcogtractcd services. EXHIBIT "C" 14 J C 0 'as[ Name 3 PRELIMINARY SCHEDULE FOR BAY MARINA DRIVE WIDENING AND STREET IMPROVEMENT PLANS FOR CLEVELAND AVENUE & 23RD STREET PROJECT SCNEOULE • RICK ENG'NEERfNO PROJECT PROPOSAL APPROVAL EY CITY COUNCIL 2. BAY MARIA DRIVE CO REVISIONS r 3 R:CK EVGNEERING P.EVIS:ON SERVICES ' 3 C TT 66v1riT LROCESS'ND ire Ouarlsr See C.fr,e' am Oar'e• Tft 0ua'vl 2o0 C.r.e, 7.,'a1on Sian FIe an Am V.er Jyr Ju - Aug Sep Oct Nor Cec Jar is, Warr A;• May 258 day. 'rue SAWS Mon a2T.'4S ' J c]ts T. 5'51! Tue i.6C8 . 99 120 days Tot 1,1108 Mon 1020108 13 cars Tut 1:2 46 Ye, 616D5 '5 cars -us6• 7,:e Mo• 1:•J06 90 df01 T,. 6,1.,0E Moo 13Q1•09 5 IC TA. NEW SERVICES • 30% 0ES10N DEVELOPMENTCONS'. DOCUMENT'S 30 dorm tl RCK ENGINEER NG DC 6 CD SERVICES 25 arty '2 mil CITY RE` S/A Sdoss 3 PROJECT MILE STONE C Cass ] Tue e:648 Mon O39O8 Tue 5'S115 M ' 5.008 T. 6'• 0'06 I.1os 6•' 8, CE MP• 8:1698 Mcn 6"6'18 36 NEW SERVICES• 70% CONSTRJCTION DOCUMENT'S 66 days 'us VI PCS Mon 9NJ05 •6 3 RICKENGNEE RING CDSERV'CES A5 days Tot 9•I S,D5 Mon8'1l:C8 1 '1 3 Girt' REVIEW 1C days 'rue 3:1 DOB Mon9•'•:! 3 PROJECT MILE STONE Scan /Jo•' 9n,18 '.'or 9'+99 19 20 35. NEW SERVICES • 100''c CONSTRUCTION DOCUMENT'S 2' 3 R CK ENGINE EPI'.3 CD SERVICES 12 ti Cl'Y REVIEn 23 .3 PROJECT MILE STONE 2a 15 a SIDJ CONSTRLCTION 26 f7 31CDIVG 2 3 _ON STRUCTION 28 29 S. PR0JE0' COMPLETICN I P•esect SAY MARII.A SRIVE Pale 0a_ C-08 Progress 1 M,Ik31Ple 5umman 20 Drys Tut 92/08 Mon 112910E 15 asya T.e 92.03 Mon 912:8 5 ceys Tue 9'22,C8 MOr 9.29 23 0 Cats tb', 9'29':9 Ms- 9'29.'06 150 days Tut 940.011 Mon a.'271C9 30 cars Toe B:$'C8 Mt, I•r 120as', 'ue'•"1 U3 MAola2709 C oars 61,r a,2"09 Mod a•27•C9 1 ens . L1 qmingulp a47 • Rood Lo Task ,___•_�__] Roled La Plc:sass ipairmnilm Rol ed Lo 1.•Iles:ole ' SP 1 APR'. 10 Edernal Tataa P'?en Summery Group 9u 5umne'y EXHIBIT "D" 15 27 Rick Engineering Company Page I of 2 HOMC COMPANY PROFILE CONTACT US ciumenS LOCATIONS SERVICES PROJECTS LINK AWARDS RICK ENGINEERING COMPANY is an award winning, multi -disciplined planning. design and engineering firm. We maintain divisions that focus on urban design and planning, landscape architecture. transportation engineering. surveying mapping, aerial photogrammetry and specialized computer services All nt these services are available through our Sao Diege, Riverside: Orange Sacramento $an_Luis Obispo. and Bakersfield offices in California, and our Phoenix and Tucson offices in Arizona. I ounded in 1955. Rick Engineering Company is a privately -owned corporation. We have completed thousands of projects and each year prepare designs for millions of dollars worth of construction Throughout its history, Rick Engineering Company has provided a broad spectrum of services to an ever-expanding marketplace and we enjoy working with our clients on a wide variety of protects. Our clients come from both the public and private sectors They include city, state, and federal agencies development companies, investment groups and individual landowners. banks. hospitals. insurance companies, and nonprofit institutions. Rick Engineering Company provides comprehensive services, and we are typically involved in survey and mapping, site planning, street, highway and freeway design drainage, water and sewer system design, flood control programs, storm water permitting, and the preparation and processing of development applications. Projects include residential developments, office and industrial parks, retail shopping centers, mixed -use development projects. academic and research institutions, and resort and recreation developments. Our resources and equipment are state-of-the-art. Rick Engineering Company offers complete topographic mapping services including analytical triangulation. digital terrain modeling, aerial photography, ground photography. ground control surveys. and satellite -based Global Positioning System (GPS) surveys. We maintain an engineering, planning, and environmental library with current information Extensive CARD, graphic. photographic word processing, and report reproduction facilities are all available in house Our computer systems include electronic digitizers and computer -aided drafting and design programs to compute and plot boundaries, grading plans. {i1ENN A.RICK ' %7f'it:�%51{d17 !mot Rick Engineering Company was founded in 1955. httn•//urur., rirlarnainrarino rnm/nrn ilr him Angr')ring Rick Engineering Company Page 2 of 2 improvements. and encumbrances. Rick Engineering Company's staff can also create dynamic site drive-throughs and fly-overs, as well as static color - shaded or photo -simulated views of existing (undeveloped) and proposed leveloped) site conditions. Final output is available as color hardcopies, 'deo presentations or computer -based multimedia presentations. We are acutely aware of the value and importance of providing close. individual attention to each project and to working within the constraints of time and budget. f o assure optimum coordination and responsiveness, new projects are assigned to a team directed by a Principal of the firm. A Project Engineer is then directly responsible for the project from preliminary design through final construction. We understand complexity and invest in competence. After over 50 years, we also know that the success of the firm rests clearly on the management, competence. and expertise of our professional staff That's why Rick Engineering Company provides, in-house, the broad combination of skills and services necessary for today's complex projects Rick Engineering company has a proven history of "Engineering Today for Tomorrow"sn - this is the vision that has served our clients and us (or the past fifty years. and the premise that we make for the future Rick Engineering Company - Engineering Today For Tomorrow! S% ENONIFAMO COMPANY U 2008 2009 Rick f.ngineering Company Creative Services Division All rights reserved http://www.rickengineering.com/profile.htm 4/28/2008 1 PRODUCER 0A99520 Cavignac & Associates ,0 B Street, Suite 1800 San Diego, CA 92101-8005 Jeffrey W. Cavignac, CPCD,RPLU WSURED Rick Engineering Company 5620 Friars Road San Diego, CA 92110 ACORD, CERTIFICATE OF LIABILITY INSURANCE 1-619-234-6848 DATE (MMIDDIYY) 12/28/07 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A Travelers Property Casualty Company of America INSURER B. The Travelers Indemnity Company of Connecticut INSURERC' Wausau Insurance Company INSURER XL Specialty Insurance Compaq VNSURER E'. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW I IAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TI IL P01 ICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIRFMEM, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WMI 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 ANI) CONDITIONS Of SUCH POLICIES. AGGREGATE LIMITS SH(NNN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRr POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE IMMIDD1YYI DATE IMM/DLINIL LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIAPII fTY CLAIMS MADE l X1 OCCUR X Contractual. Liability X Separation of Insureds GENT. AGGREGATE LIMIT APPUES PER: IPOLICY X I JFCT PRO- 1 or,� B AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRE) AUI OS NON -OWNED AUTOS 6807292L337 BA7276L522 01/01/08 01/01/09 01/01/09 01/01/09 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE IMy one fire) $ 300,000 MEDEXP(Any one person) $ 5,000 PERSONAL F. ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGG Deductible COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Par person) $2,000,000 None $ 1,000,000 BODILY INJURY (Pee accident) PROPERTY DAMAGE (Pee accident) LIABLLITY ANY AUTO AUTO ONLY -EA ACCIDENT $ _GARAGE OTHER THAN EA ACC $ $ AUTO ONLY. AGG EXCESSLIABILITY EACH OCCURRENCE $ _ J OCCUR i CLAIMS MADE I AGGREGATE $ $ $ �DEDUCTIBLE RETENTION $ $ C WORKERS CONDENSATION AND WCJZ91448020018 01/01/08 01/01/09 1_ WC STATU- OTH- T TATJ- EMPLOYERS' LIABILITY _. E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DYASE -POLICY LIMIT $ 1,000,000 OTHER D Professional Liability DPR9605896 08/15/07 08/15/08 Each Claim $3,000,000 Deductible $ 250,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Professional Liability - Claims made form, aggregate limit policy, defense coots included within limit of liability. RE: Marina Drive. The Community Development Commission of the City of National City and its officers, agents and employees are named as Additional Insured with respect to General Liability per attached and Auto Liability endorsement to follow. J-12861 CERTIFICATE HOLDER I y I ADDITIONAL INSURED; INSURER LETTER. A The Community Development Commission of the City of National City .r0 E. 12th Street, Suite R National CiLy, CA 91950 ACORD 25-S (7797) Katherine 7852996 USA CANCELLATION 10 days NOC for non-payment of premium. SHOULD ANY OF THE ABOVE DESCR€ED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING NSURER WILL EXXXX MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, OUCCROURIMMANUOMMX, X XOtekinaaNUOLIONIKIMAXXIMOUMCWOUSX.VXXXCCIVENSOPIDIMENCAMORS nagaiggiourdliyJ tune%%%xxxxxxx%%%%%%%%%IOCX%%%1CXX%XXY%X%%XX%XX AUTHORIZED REPRESENTATNE j L) O ACORD CORPORATION 1988 _J POLICY NUMBER: 68072921,337 NAMED INSURED: Rick Engineering Company COMMERCIAL GENERAL LIABILITY DATE ISSUED: 12/28/07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM 1. WHO IS AN INSURED (Section II) is amended to include any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Coverage Part , but: a. Only with respect to liability for "bodily injury', "property damage" or "personal injury"; and b. If the injury or damage arises out of the performance, by you or your subcontractor, of "your work" to which the "contract or agreement requiring insurance" applies. Such person or organization does not qualify as an additional insured with respect to their independent acts or for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. C(;n3810906 b. This insurance does not apply to the rendering of or failure to render any "professional services". c. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in that "contract or agreement requiring insurance", or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. 3. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance' that the insurance provided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, ,and we will not share with the other insurance, provided that: Includes copyrighted material of Insurance Services Office, Inc., with its permission. Pane 1 of 2 Copyright. Insurance Services Office, Inc., 2001 (1) The "bodily injury" or 'property damage" for which coverage is sought occurs; and (2) The "personal injury' for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance'. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. 4. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for °bodily injury', "property damage" or "personal injury' arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 5. As respects the insurance provided to the additional insured by this endorsement, the following definition is added to DEFINITIONS (Section V): "contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage' occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. All other terms of your policy remain the same. CCU n3 81 09 06 Includes copyrighted material of Insurance Services Office, Inc., with its pemissim. Page 2 of 2 Copyright, Insurance Services Office, Inc., 1988 CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 01-01-2008 GROUP: 000092 POLICY NUMBER: 0000460-2007 CERTIFICATE ID: 472 CERTIFICATE EXPIRES: 01-01-2009 01-01-2008/01-01-2009 COMMUNITY DEVELOPMENT COMMISSION OF SD JOB:MARINA DRIVE NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4301 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. HORIZED REPRESENTATIVE, PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2005 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER GLENN A RICK ENGINEERING AND DEVELOPMENT SD COMPANY (A CORP) 5620 FRIARS RD SAN DIEGO CA 92110 o 2007 SD (REV.2-05) PRINTED : 12-15-2007 M0408 City of National City, California COUNCIL AGENDA STATEMENT a ..iEETING DATE May 6, 2008 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council of National City authorizing the Mayor to execute Amendment Number Three to the current agreement with Project Design Consultants in the amount of $59,675 to provide design modifications and additional construction management services for the National City Boulevard Streetscape and 9Th Street Fountain Plaza Improvements (Funding is through Tax Increment Funds and State Pilot Smart Growth Incentive Program) PREPARED BY EXPLANATION Din Daneshfar DEPARTMENT See attached explanation. Engineering EXT. 4387 Environmental Review X N/A MIS Approval Financial Statement Approved By: See attached explanation (financial statement). Finance Director Account No 900911 STAFF RECOMMENDA ION dopt the Resolute OARD / COW ' 10 RECOMMEDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Exhibit "A" 3. Exhibit "B" A-200 (Rev. 7/03) EXPLANATION: Background On February 7, 2006 the City Council by Resolution Number 2006-13 approved a contract agreement between the City of National City and Project Design Consultants (PDC) to provide the design services for the National City Boulevard Streetscape and 9Th Street Fountain Plaza Improvements project in the amount of $442,846. As of this date, the City has approved the following two amendments: • Amendment Number One On March 6, 2007 the City Council by Resolution Number 2006-35 approved the Amendment One ($195,000) to the contract agreement between the City of National City and Project Design Consultants (PDC) to provide construction staking, Inspection, and engineering support services. • Amendment Number Two On March 6, 2007 the City Council by Resolution Number 2006-36 approved the Amendment Number Two ($66,650) to the contract agreement between the City of National City and Project Design Consultants (PDC) to provide additional design services which were not included in the original contract. Outline of the Proposed Amendment Number Three The purpose of the Amendment Number Three is to incorporate into the original Contract Amendment One additional engineering services that were required during the construction period. Additional engineering services that were resulted from changes due to unforeseen conditions or City requests are as follows: a) During construction it was discovered that the actual location of the Sweetwater Authority water line in 9th Street was in conflict with the proposed Fountain/Plaza improvements. The design of the Fountain/Plaza was based on the location of the water line as shown on Sweetwater Authority plans, which was not representative of actual field conditions. To accommodate the actual location of the existing water line, Project Design Consultants redesigned the planters and revised the construction plans showing the new planters and the adjustment in the location of the portals. The total cost for the work was $5,070. b) The plans were designed to match the existing building entrances of the Bay View Towers. After the project began Bay View Towers' management informed the City that their entrances were not necessarily going to remain in the same locations. Alternative sidewalk designs were developed to accommodate ADA access requirements for the Bay View 2 Towers' new and future retail entrances within the public right of way. The total cost for the work was $1,770. c) Additional design and construction management services resulted from change in up -lighting system for the palm trees along the medians. The work was requested by the City. Based on discussion with the community and the City it was decided that up -lighting the palm trees would be an asset to the community and further define the Morgan Square District. The new design called for up -lighting on the north and south sides of each palm tree from 12`h Street to 2" Street. The original electrical plan had to be redesigned to accommodate the additional loads of the new proposed lights. The total cost for the work was $11,315 which included construction management services due to other incidental changes. d) Unanticipated effort was required of the Consultant to meet and coordinate with Morgan Square, Bay view and the Holiday Inn. In addition, Project Design Consultants' landscape architect attended meetings of the Morgan Square Board to discuss the benches and arm rests. Each meeting required research, preparation and follow up. New Art (Kyle Morgan Bust) required meetings with Morgan Square to determine the location and height of bust in Morgan Square. The total cost for the work was $7,500. e) The original contract fee was based on providing construction services for a period of 160-days. The original completion date was October 15, 2007 which was revised to October 29, 2007 during the construction activities. This was due to the extra work that was needed as result of the changes. This represented an extra 10-working day added to the contract that was not anticipated in Consultant's original proposal. It was estimated that there would be an additional 2-day for close out bringing the total additional days to 12 days. The total cost for the work was $10,800. f) Additional Inspection services were required that resulted from the changes. As the work progressed the City requested additional inspection coverage for safety and quality control reasons. There had been some accidents on National City Boulevard early in the project that were in the construction zone but unrelated to the work requiring hyper -vigilance to ensure the safest pedestrian and traffic control at all times. This resulted in high quality for the line, grade and finish of surface improvements. The total cost for the work was $23,220. The grand total contract amount due to the additional work is $59,675. Attached is the detailed Scope of Services for the Amendment Number Three with its attachments. 3 With the approval of the Amendment Number Three the contract with PDC will be finalized. Financial Statement The total estimated construction cost approved by Resolution No. 2007-4 that included surveying, construction engineering, material testing, and contingency items was $3,892,308.50. This amount included the proposed lowest bid amount ($3,298,308.50), approximately 2% ($66,000) for surveying, approximately 2% ($66,000) for material testing, approximately 4% ($132,000) for construction engineering, and approximately 10% ($330,000) for contingencies. The funding is available through the Tax Increment Funds and State Pilot Smart Growth Incentive Program. 4 AMENDMENT TO AGREEMENT FOR CITY OF NATIONAL. (:'1TY AND PROJECT DESIGN CONSULTANTS The parties to this Third Amendment to Agreement PROJECT DESIGN CONSULTANTS, hereinafter "Contractor", and the CITY OF NATIONAL CITY, a municipal corporation herein called "CITY". RECITALS WHEREAS, Contractor and City are parties to an agreement dated Fehniary 7, 2006 for consultant services: and WHEREAS, the parties desire to amend the agreement to extend the services for additional services and fees stated in the attached Exhibits; and NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. That the agreement between the CITY OF NATIONAL CITY and PROJECT DESIGN CONSULTANT, dated February 7, 2006, is hereby amended by amending the scope of work thereof, as set forth in the attached Exhibit "A" and Exhibit "B" 2. All other terms, covenants and conditions contained in the original agreement shall remain in full force and effect and shall be applicable to this amendment. Dated: 2008 CITY OF NATIONAL CITY PROJECT ESIGN CO/NSUCn By: — By:. %1 it /C Ron Morrison (Name) /� (9� .. Mayor (/ c.L (Title) By: — JLIA (Name) APPROVED AS TO FORM George li. Eiser, III City Attorney (Title) File: F07-523 April 29, 2008 Page 1 of 5 EXHIBIT 'A' - SCOPE OF WORK AMENDMENT 3 NATIONAL CITY BLVD/FOUNTAIN PLAZA IMPROVEMENTS Background: The design and construction of the National City Blvd/Fountain Plaza improvements was a complex project involving the retrofit of existing improvements while under traffic in a busy pedestrian and vehicle corridor. The improvements required the management of an interdisciplinary team with expertise in electrical engineering, civil engineering, landscape architecture and construction management. Adding to the challenge was the introduction of public art, the active participation of the business improvement district, the public and concurrent private construction. The Califomia Multi -Agency Benchmark study showed that the project delivery (design + construction services) for similar projects have required in the range of 30 to 40% of construction. With this proposed amendment the project delivery for National City Blvd/Fountain Plaza will be Tess than 30%. The following is a summary of the scope of work for Amendment 3 to the National City Boulevard/Fountain Plaza Improvement Contract with Project Design Consultants. EXTENSION OF CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES The original contract fee was based on providing services for a period of 160-days. The original completion date was October 15, 2007. The completion date as it stands now is October 29, 2007. This represents an extra 10 working days added to the contract that was not originally anticipated in the original proposal. It is estimated that there will be an additional 2 days for close out bringing the total additional days to 12..1-he original approved proposal had Project Management at 4-hours/day, Inspector at 2 25-hours/day and Administrative Assistant at 1.5-hours/day. Wade and Associates: Project Management, 12-days x 4-hours/day at $150/hour $ 7,200 Administrative Assistant, 12-days x 1.5-hourslday at $65/hour $ 1,170 Project Design Consultants: Inspector, 12-days x 2.25-hours/day at $90/hour $ 2430 SUBTOTAL $ 10,800 11 ADDITIONAL INSPECTION SERVICES Amendment 1 included 2.25-hourslday or 360-hours total for inspector based on the anticipation of a good contractor and in recognition of the City's limited inspection budget. As the work progressed the City requested additional inspection coverage Y(J2bo ProjM TeamiOne/ ;onstiu.lirwn Amendment File: F07-523 April 29, 2008 Page 2 of 5 for safety and quality control reasons. There had been some accidents on National City Blvd. early in the project that were in the construction zone but unrelated to the work requiring hyper -vigilance to ensure the safest pedestrian and traffic control at all times. This additional effort resulted to no deaths or injuries on the project that were project related. The inspector also used some of the additional time to enforce higher than normal quality control. This resulted in exceptional quality for the line, grade and finish of surface improvements. Project Design Consultants: Inspector, 258-hours x $90/hour $23,220 III. ADDITIONAL EFFORT FOR COORDINATION WITH PROPERTY OWNERS AND COMMUNITY GROUP The original contract allowed for 80-hours or approximately 2.5-hours per week for coordination with the property owners by the Construction Project Manager, Wade and Associates. There was no effort anticipated by Project Design Consultants for coordination with the property owners. Unanticipated effort was required of the Construction Project Manager to meet and coordinate with Morgan Square, Bayview and the Holiday Inn. In addition, Project Design Consultants' landscape architect attended meetings of the Morgan Square Board to discuss the benches and arm rests. Each meeting required research, preparation and follow up. In total an additional 36-hours was spent coordinating with property owners as shown below: Bench Arm Hest - The original park bench indicated on the plans is per the City of National City's Specific Plan for the area. After construction began, Morgan Square Association and the Mayor expressed concern over having a bench that could be used as a sleeping surface and also wanted to explore other possible designs. Project Design Consultants and Wade & Associates spent additional, non -contemplated hours to research and present possible altematives. Adding a center armrest was the final decision. Many hours were spent performing this work. Some of the hours spent were allocated under the original contract. The hours represented below are for those beyond the original scope. Wade and Associates: Project Management, 6-hours at $150/hour $900 Project Design Consultants: Landscape Architect, 30-hours at $150/hour $ 4,500 SUBTOTAL. $ 5,400 New Art Piece (Morgan Bust)- P/3250/Proles] T.:rkm' ,, jCrmsliuc.lioo Amendment File: F07-523 April 29, 2008 Page 3 of 5 Addition of New Art (Kyle Morgan Bust) required meeting with Morgan Square and two site visits to determine the location and height of bust in Morgan Square: Wade and Associates: Project Management, 2-hours at $150/hour $ 300 Project Design Consultants: Landscape Architect, 12-hours at $150/hour $ 1 800 SUBIOTAL $ 2,100 Up -lighting Median Palm Trees The original design provided for electrical outlets in the islands. Based on discussion with the community and the City it was decided that up -lighting the palm trees would be an asset to the community and further define the Morgan Square District. The new design called for up -lighting on the north and south sides of each palm tree from 12"' Street to 2nd Street. The original electrical plan had to be redesigned to accommodate the additional loads of the new proposed lights Wade and Associates: Project Management, 10-hours at $150/hour Project Design Consultants: I.opez Engineering: $ 1,500 Project Manager, 2 hours at $150/hour $ 300 Landscape Architect, 10-hours at $150/hour $ 1,500 1. Attend meetings with PDC, National City, Contractor, and Byron Wade. 2. Redesign for the up -lights on the Palm Trees 3. Redesign to make design work with the existing field conditions — fewer and non-contiguous conduits. 4. Redo design to comply with fewer available spaces in panel 900/902. 5. Redo voltage drop calculations during each redesign. 6. Redo conduit fill calculations after each redesign. 7. Answer RFIs from Contractor Principal Electrical Engineer, 27-hours at $130.50/hour $ 3,524 Electrical Designer, 45-hours at $79.80/hour $ 3,591 SUBTOTAL $ 10,415 IV. ADDITIONAL DESIGN SERVICES AND CONSTRUCTION MANAGEMENT RESULTING FROM "UNFORESEEN CONDITIONS." There were several unforeseen conditions resulting in additional engineering and construction management. These conditions and additional costs are as follows: Buried Railroad Ties - Buried railroad ties were found in the median of National City Blvd. and were removed, disposed of and replaced with suitable sub -grade material requiring 1'/3250/Ih nittd /Do /Cons"vrtton Amendment additional inspection. Wade and Associates — included in Contact Project Design Consultants — inspector, 10-hours at $90/hour Changed location of Water Line - File: F07-523 April 29. 2008 Page 4 of 5 $ 900 During construction it was discovered that the actual location of the Sweetwater Authority water line in 9th Street was in conflict with the proposed Fountain/Plaza improvements. The design of the Fountain/Plaza was based on the location of the water line as shown on Sweetwater Authority plans, which was not representative of actual field conditions. To accommodate the actual location of the existing water line, Project Design Consultants redesigned the planters and revised the construction plans showing the new planters and the adjustment in the location of the portals. Wade and Associates — included in Contract Project Design Consultants inspector, 15 hours at $90/hour $ 1,350 Landscape Architect, 20-hours at $150/hour $ 3,000 Assistant Landscape Architect, 8-hours at $90/hour $ _ 720 SUBTOTAL $ 5,070 ADA Building Access - The National City Blvd. plans were designed to match the existing building entrances. After the project began Bay View Towers' management informed us that their entrances were not necessarily going to remain in the same locations. Alternative sidewalk designs were developed to accommodate ADA access requirements for the Bay View Towers' new and future retail entrances. Wade and Associates — included in Contract Project Design Consultants Project Manager, 3-hours at $150/hour $ 450 Civil Engineer, 12••hours at $110/hour � 1 320 SUBTOTAL- $ 1,770 COS 1 SUMMARY Extension of Services 10,800 Additional Requested Inspection Services 23,220 Pl3ntliProte.ct I e.o,' ), Cn,,,U,,d1nn Amendment File: F07-523 April 29, 2008 Page 5 of 5 Bench Arm Rest 5,400 Kyle Morgan Art Piece 2,100 Palm Tree Up -lighting 10,415 Railroad Ties 900 Unforeseen Waterline Location 5,070 Bay View ADA Building Access 1 770 TOTAL CONTRACT AMENDMENT 59,675 P/J250/ W uNs1 Teamfi oc/Construct on Amenrbnenl TASK DESCRIPTION Extension of CM 3 Ins action Services Additional Insoectlon Services li Additional Coordination 'Bench Arm Rest -New Art Piece !Up•Iighting for Palm Trees Additions • Design and CM from Unforeseen Conditions Burled Railroad Tles 'Changed Location of Water Line ADA Bulldng Access for Bay View. TOTAL _. __...... .. 5 EXHIBIT B FEE BREAKDOWN NATIONAL CITY BOULEVARD CITY OF NATIOANL CITY, CA ADDITIONAL CONSTRUCTION PHASE SEVICES PROJEC— DESIGN CONSULTANTS CIVIL ENGINEERING LANDSCAPE ARCHITECTURE 1 TOTAL TOTAL 2,430 S 23,220 $ ?00 S 1,380 S 23,97C S LOPEZ ENGINEERING TOTAL WADES ASSOCIATES TOTAL 8,37C5 TOTAL 1C,8C0 23,220 RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE THIRD AMENDMENT TO AGREEMENT WITH PROJECT DESIGN CONSULTANTS IN THE AMOUNT OF $59,675 TO PROVIDE DESIGN MODIFICATIONS AND ADDITIONAL CONSTRUCTION MANAGEMENT SERVICES FOR THE NATIONAL CITY BOULEVARD STREETSCAPE AND 9TH STREET FOUNTAIN PLAZA IMPROVEMENTS WHEREAS, on February 7, 2006, the City Council adopted Resolution No. 2006- 13, which authorized an Agreement with Project Design Consultants to provide the design services for the National City Boulevard Streetscape and 9th Street Fountain Plaza Improvements Project in the amount of $442,846; and WHEREAS, the First Amendment to the Agreement was approved on March 6, 2007, by adoption of Resolution 2006-35, to include construction management and inspection services and construction staking services in the not to exceed amount of $195,000; and WHEREAS, at the same Council Meeting, the Second Amendment to the Agreement was approved by adoption of Resolution 2006-36 to include additional design services in the amount of $66,650; and WHEREAS, the City and Project Design Consultants desire to amend the Scope of Work to be performed to include Design Modifications and additional Construction Management Services, in the amount of $59,675. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Third Amendment to the Agreement between the City of National City and Project Design Consultants to expand the Scope of Work to be performed pursuant to the Agreement to include Design Modifications and additional Construction Management Services in the amount of $59,675 for the National City Boulevard Streetscape and 9th Street Fountain Plaza Improvements Project. Said Third Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of May, 2008. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT LETING DATE May 6, 2008 AGENDA ITEM NO. 9 ITEM TITLE Resolution of the City Council authorizing the Mayor to sign an agreement for one year with Tetra Tech, Inc. to provide "as -needed" engineering consulting services for the Capital Improvement Projects (Funding through various CIP program budgets) PREPARED BY Din Daneshfar EXPLANATION See attached explanation. DEPARTMENT Engineering EXT. 4387 Environmental Review X N/A Financial Statement MIS Approval Approved By: c,1 The funding will be provided through various CIP program budgets. Finance Director Account No STAFF RECOMMEND TIO Adopt the Resol ISOARD / CO ISSIORECOMMEDA OW NIA ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Contract Agreement A-200 (Rev n03) EXPLANATION: On April 5, 2005 the City Council issued resolution No. 2005-63 authorized the Mayor to execute a multiyear contract with Tetra 'Tech, Inc. to provide the City with "as -needed" engineering services for the Capital Improvements Projects. On April 4, 2008 their contract was expired. The purpose of this council agenda item is to execute a new contract with the firm for a period of one year from May 6, 2008 to May 5, 2009. Tetra Tech, Inc. is familiar with the City of National City rules and regulations. This firm has provided high quality services during its pervious contract cycle. It is recommended that the contract be approved between the City and Tetra Tech , Inc. to provide "as -needed" material testing services for the Capital Improvements Projects. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A ONE-YEAR AGREEMENT WITH TETRA TECH, INC. IN THE NOT TO EXCEED AMOUNT OF $200,000 TO PROVIDE "AS NEEDED" ENGINEERING CONSULTING SERVICES FOR THE CAPITAL IMPROVEMENT PROJECTS WHEREAS, the City desires to employ a consultant for one year to provide "as needed" materials testing services for the City's Capital Improvement Projects, and WHEREAS, the City has determined that Tetra Tech, Inc. is a professional civil engineering firm, and is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a one-year agreement with Tetra Tech, Inc. in the amount of $200,000 to provide "as needed" materials testing services for the City's Capital Improvement Projects. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of May, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TETRA TECH, INC. THIS AGREEMENT is entered into this 6th day of May, 2008, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Tetra Tech, Inc. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide Civil Engineering Services for the Capital Improvement Projects. WHEREAS, the CITY has determined that the CONTRACTOR is a professional engineering firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLI.OWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRAC FOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to he performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Din Daneshfar, Principal Civil Engineer hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Brad Nguyen, Project 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 Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CITY. Total compensation shall not exceed $200,000 (Two Hundred Thousand dollars). The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. The length of this agreement shall be (1) one year from the date the agreement is entered. Therefore the final report shall be submitted no later than Tuesday, May 5, 2009. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the 2 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 CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 3 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 conceming 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 places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 4 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. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to 5 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 owned, non -owned, and hired vehicles ("any auto"). C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence and $2,000,000 in the aggregate, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONTRACTOR's employees, with limits sufficient to satisfy statutory requirements. In addition, the policy shall be endorsed with a waiver of subrogation as to the CITY. 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, and additional insured endorsements shall be provided. 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. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agree- ment. 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. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have 6 and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business 7 reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Maryam Babaki City Engineer City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONTRACTOR: Howard Arnold Division VicePresident Tetra Tech, Inc. 10815 Rancho Bernardo Rd. Ste. 200 San Diego, CA 92127 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22_ MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. • Exhibit A — Scope of Services and Fee Schedule • Exhibit B — Fee Schedule • Exhibit C — City's Engineering Service Request Form • Exhibit D — Tetra Tech, Inc. Biography 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. 9 H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY M. rya Rabaki City .ngineer APPROVED AS T() I'ORM: Cieorge H. Eiser, III City Attorney (Title) TETRA TECII, INC. (Two signatures required) gze (Name) C. ///00// VO / �/ve,c-, f%/d(T/o.0 v. (Title) (Name) ?/e7z -% 4JA" G 11 EXHIBIT "A" SCOPE OF SERVICES The successful firm will provide Civil Engineering Services for the City's various Capital Improvement Projects. These services shall include: I. Civil engineering consulting services during the design and construction phases of the City's Capital Improvement Projects. The proposer's services may include, but not limited to, the following: • Records of Survey • Topographic Survey • Monument Replacement • Legal Descriptions • Corner Records • Map Checking • Court Exhibit Survey • Street Improvement Design • Sewer and Storm Drain Improvements • Hydrology and Hydraulics Studies • Pavement Resurfacing Design • Roadway Replacement/Repair • Construction Support and Inspection • Traffic Signal Design • Minor Municipal Structural Design 2. Each project may vary in scope and magnitude. The City is not obligated to contract all civil engineering setvices with the successful film. 3_ Request of services will be made on a project -by -project basis. The successful firm will he capable of providing a proposed fee and schedule •within seventy-two (72) hours after receipt of the City's request for services. The proposal will be prepared on the basis of the standard schedule of fees in this agreement. 4. All services provided will be accomplished according to the Project Drawings and Specifications, which tnay include San Diego Area Regional Standard Drawings, Standard Specifications for Public Works Construction, and Caltrans Standard Specifications and Drawings, etc., governing a particular project, and in accordance with Subdivision Map Act, Land Su►tievors Act, and all other codes and practices applicable to the profession of surveying. 5. All reports and pertinent data obtained under the agreement between the City and the Consultant will he the property of the City and may not be used or reproduced in any form without the explicit written permission of the City. Survey cut sheets will be available in the field at the time of service. In any case, survey cut sheets will be available no later than the next working day. 6. The Consultant will certify a properly executed affidavit that we will not perform any work for the City that could lead to a conflict of interest. The Consultant will notify the City of any possible conflicts of interest prior to performing any work requested by the City. A conflict of interest may include, but will not limited to, having financial interest in any projects where services are requested, or consulting or performing work for the developers, investors, engineers, contractors, or material suppliers of projects where services are requested. The City has the option to rescind and void the contract in the event that the Consultant fails to properly notify the City of a possible conflict of interest. 7. The engineering services will be provided efficiently and in timely fashion. All engineering services will be performed on the basis of a standard schedule of fees. 8. Payment will be made based upon itemized killing submitted in accordance with this agreement and after submittal of acceptable formal reports, designs, studies, or cut sheets. Billings will he submitted with, and make reference to, each individual project, itemized as to unit cost and total billed. Project name, specification number, start date, and the Hanle of the person that requested the service will he identified on each hill. Bills that are not complete as required by this section will be returned unpaid. 9. Should either party fail to uphold the contract in any part and the situation not be resolved by negotiation, the contract may he voided by written action of either party. TETRA TECH F.�IIIBI'1 "R" 2008 HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Professional Engineering Intern:Technician/Assistant ... S 62.00 1'roject Administrator $ R5.00 Designer/CAD Operator/Engineer I $ 115.00 Engineer II and III Senior Designer $ 122.00 Biologist $ 122.00 Planner $ 122.00 Senior Engineer/Landscape Architect $ 138.00 Project Engineer/ Project Coordinator $ 155.00 Senior Planner $ 165.00 Senior Scientist $ 165.00 Project Manager/Sr. Project Coordinator$ 190.00 Senior I'roject Manager $ 250.00 Program Director.'Project Director $ 265.00 Administrative Administrative Clerk $ 55.00 Word Processor/Admin. Support $ 85.00 Graphic Designer $ 112.00 Reimbursable In -House Costs Photo Copies (B&W 8.5"x 1 I ") $ 0.15/Each Photo Copies (B&W 11"x 17") $ 0.40/Each Color Copies (up to 8.5"x 11 ") $ 2.00/Each Color Copies (to 1 1 "x 17") $ 3.00/Each Computer Usage $ 2.051Hour Survev/Mapping Survey 'technician I $ 106.00 Survey Technician II/Field Supervisor $ 122.00 Senior Surveyor. $ 139.00 Project Surveyor. $ 175.00 Two -Person Survey Party 3 228.00 Two -Person Survey Party with (iPS $ 272.00 7hrce Person Survey Party $ 317.00 Survey Travel Time (Two -person) $ 106.00 Survey Travel Tinic (Three -person) 3 151.00 Construction Management (:onstructionObseivcr1 $ 94.00 Construction Observer 11 $ 103.00 Senior Construction Observer $ 125.0(1 Resident Engineer $ I55.0(1 Construction Manager 3 175.00 Compact Discs $10.00/Each Large Format Copies $ 0.40/S.F. Mileage $0.48/Milc * *current IRS POV Mileage Rate subject to change Company Vehicles $8.001Hour All other direct costs, such as reproduction, special photography. postage, delivery services, overnight mail, out-of- arca telephone calls, printing and any other services performed by subcontractor, will be billed at cost plus 15%. NOTE: All costs and rates are effective December 1, 2007, and subject to annual increase. 1..'Admin'•orms'•CContract"Exhibit A - CA 2008.doc DATE: Phone No.: Fax No: City of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 EXIHIBIT "C" ENGINEERING DEPARTMENT ENGINEERING SERVICE REQUEST FORM PROJFC: II1I1.F: RFQIJEST NO. PLEASF. PROVIDE. THE FOLLOWING SERVICE (SPECIFY LIMIT AND I)1 FAii. OF SERVICE): REQUESTED BY: APPROVED i. Y City Elignieel or _. Project Nlanager DATE: DATE.• Fixed On: ® Recycled Papci etra Tech is a nationally recognized engineering consulting and environmental management firm with more than 8,760 employcx:s in over 250 offices worldwide. Our local San Diego office employs 15 registered engineers, technical specialists and adminis- trative support personnel. With the depth and resources of a large firm, complemented by our local, close-knit team of experienced professionals, Tetra Tech is highly regarded by its clients and among its peers in the civil engineering field COMPANY PROFILE —'tetra Tech will provide single -entity responsibility for work under the consultant services contract with the City of National City (City) Our firm background and resources are suunmarized as follows: Legal Fomi of Company: Corporation Office of Work: Tetra fecli. Inc. 10815 Rancho Bernardo Road, Suite 200 San Diego, CA 92127 Staff: 15 Employees Local Office 8,500i Staff Company -wide Contact Brad Nguyen, P.E., Project Manager Tetra Tech, Inc. 10815 Rancho Bernardo Road, Suite 200 San Diego, CA 92127 Telephone (858) 673-550 }: mail brad.nguyen( ttisg.com PROFESSIONAL CAPABILITIES — Tetra Tech has provided and currently provides "as -needed - engineering consulting services for var ions agencies throughout San Diego County. Illustratively, our experienced staff has provided the following relevant services. CITY OF NATIONAL CITY Civil Engineering tor Capital Improvement Projects Exhibit "D" Tetra Tech Inc. - Biography • Design, construction support, and inspection services for: street improvements, sewer, storm drain, traffic signal, and pavement rehabilitation design. • • Masten plan studies for sewer and stone drain facilities. On -site; staff to provide plan checking and project management. Environmental review and permitting assistance. The infrastructure services offered by 'tetra Tech cover a broad spectrum of engineering and construction issues, from initial investigations, feasibility studies and master plans to design, construction administration, management and observation. 'these services are utilized, in part, for the following capital improvements: ■ Site Planning, Permitting and Development • Roads, Streets, Highways, Bridges ■ Traffic Signal and Interconnect Systems • Water Supply. Treatment, Storage, Pumping and Distribution Systems ■ Wastewater Collection, Ttcatwent and Disposal Facilities • Recycled Water Treatment, Conveyance and User Retrofits • Hood Control & Storm Water Management • Structural Engineering PROJECT MANAGEMENT — Tetra Tech expresses our commitment to the City to provide Civil Engineering Design Set vices for the City's Capital Improvement Projects We dedicate the full-time availability of Mr. Brad Nguyen, P.l., as our Project Manager for the duration of the contract. Mr. Nguyen has experience managing various large and small civil engineering design and construction projects tut local agencies. minding the City of National City TETRA TECH, INC. ACORD,N CERTIFICATE OF LIABILITY INSURANCE page , of 2 PRUDUCLR Willis North Americr., Tnc. 26 Centuly Blvd. P. U. 5c)e 30S191 Nabhvi Flu, TN 372305353 YS(II?FU Tula, Trrh, Tnc. Salle 200 18241 Laguna Canyon Read Irvine, CA 92618 COVERAGES 877-945-7378 IIN5BRCRA ACC Anarica:: 1,:8urarcc Company INSURER B: TIUS CERTIFICATE IS ISSUED AS A ONLY AND CONFERS NO RIGHTS HOLDER. THIS CERTIFICATE DOES ALTER THE COVERAGE AFFORDED INSURERS AFFORDING COVERAGE DATE 10/01/2007 MATII-H OF INFORMATION UPON THE CERTIFICATE NOT AMEND, EXTEND OR l3Y THE POLICIES BELOW. IK5UREl IC. INSUREP O: INSURER L. NAIC1 i22667.812 TIiC POLICIES OF INSUHANCF I ISTEO BEIAW HAVE SEEN ISSUED TO THE INSURLO NAMCD ABOVE FOR 1HF POLICY PERIOD INDICATED. NOTWITHSTANDING ANY HEUUIHEMtNI, TFRM OR CONDITION OF ANY CONTRACT Ofi OTIICR DOCUMENT WITH RFSPFCI I(.) WHICH 11i15 CCHTIFIGAIE MAY BE ISSUED OR MAY PFRTAIN, THE INSURANCE AFFORDED BY rHF POLICIES OFSCRIBED I iERCIN IS SUHJECT TO AI 1 THE TEAMS, EXCLUSIONS ANI) C(NJOITIGNS Of SUCH PO1JCIES. AGGHFGA i F 'JMITS SHOW N MAY HAV E H I-LN REDUCE D BY PAID CLAIMS. II SR NCD'L • TYPE INSURANCE POn LY NUMBER VOLLEY EFFECTIVE POLICY' F.%('IRA1I0M LIMITS TO IN•ill0 I DATE INWDUTYI pA4LMNlp DP•Yl GENERAL I NUMMI HDOG23734825 Y • COIALAERCIN GFNirnAI I IMR(1" CL MMSMAOE I X_I OCCUR X Contract Liab, XX,C,IT Covnrege G EKl AGGREGATE 1IVJ.AP:YIEG 1-:R. _ JEGI 'JLI_r _g JEGS X ! IOC AUTOMOBILE IIA!III.IIV ISAB08238431 X ANY AUTO r-- :. J[... ALL UWNtD AUTOS F.CY.FCAA 1'O AUTOS X ! HIHFD AUTOS NoN•o'NNe0Al/ IUS 1 - GARADE LIABRITY • '-- . ANYAUUJ A ' LXCLSSUMDRE'JA LIABILITY X : .CUfl I CLAWS MADE OcUUCTtS,c X 41PTFNV0I S SO,000 A WORKERS COMPENSATION ANO EMPLOYEES' LIABIU [ V A A ( PROpso-TOR/PAOTNErA.x-GUIIVE OFFICFR/MEMRrP EXC)OU)' Ilpec.ditmLE SPcCIA' PROVISIONS NS tra..- 01111 0 I _ IX00G23R8005 WLRC44479006 SCFC44479898 I10/1/2007 10/1/2008 ,10/1/2007 CAUL OCCURRENCF 5 L 000, 000__ UAuAGFI,7ORENTEn ' PeEM1S r, nrcp,..,w? is 1, 000 000 100, 000 1 `000, 000 2r000 000 ACEDE(P(Anv One pmson) S M P.`.ONAL d ADV INJURY s GENEF.AI AGC;r.EGAl_ I9:UDUC TS • COMP/OP AGG 5 i10/1/2008 Cf./.13J4E0 SING! F 1E3 aaAlenp 2,000,000 s 2,000,000 B^:)5 Y IN.lI IRV (PIu p6lsan) 5 BOls Y IN•6JRY Pet Lcciden1) PROPEHI Y UA.MAOE 5 fPer :Ir'ili.nl) !10/1/2007 10/1/2008 10/1/2007 10/1/2007 AU I °ONLY • EAACCIOFNT ce' OTHER THAN J. ACC 5 AU:O ONLY 7u:.L S rACtI OCCU1u4 NCE 5 10 000, 000.__ AC,GPEcni r. _ 5 10 000 000 c S F 10/1/2008 10/1/2008 S I WCSTAILL OTH- EL PAC/ ACCIDENT S 1 000,000 El.DISFASE- rACMPLOYEE 5 1,000, 000 L DISEASE• POI ICY:IIA7 S 1J 000E 000 DFSf:W1'1ION01 UPL1 ATVJNS!LOCATIONSNFItICLCS;LICUISIONS ADDED BY ENUUHSEMLNI SPECNLPROVISIONS Stop Cap coverage for the following state:;: OH, ND, WA, WV, WY, PR, USVI City of National City, its officers, employees, & volunteers are included as additional insureds as respects General Liability & Auto Liability coverages only. The above coverages are primary and non-contributory. Insurance Carriers have waived rights cf subrogation in favor of certificate holiei if agreed to in writing and prior Lo loss. CERTIFICATE HOLDER 3iLy of Natinna) City OLticv of City enginee% Attie: Mirhaml Long 1243 N,Lional City Blvd. Natioaal City, CA 91950-9397 CANCE_t_UITION S)IOt11 O ANY 01 11(E ABOVE DESCRIBED POI ICIES BE CANCELLED BEFORE THE EXPIN AT ION DA((: THEREOF, THE ISSUING IN;.Ullf It WILL x+N'Y N XX Mall 3 O _ DAYS WRITTEN NOTICE 10 1I II. CERTIFICATE HOLDER NAMED TO 111E LCF ' llLXXCNXIXXOFAl:•.XXXXLL NAXXXAYiXI}11YA)E051 XXXIMXIIXNXaeT6x.XiS,(r5I0 t16 XNXII 9rMX/X1I1U(M&(IX_00X XdF AU 1110^INT/IT1VE ACORD25(2(X)1/0N) - Coll:2126994 Tp1:684243 Cert:9590480 J ©ACORD2;o1-PUHATION 1908 City of National City, California COUNCIL AGENDA STATEMENT .EETING DATE May 6, 2008 AGENDA ITEM NO. 10 ITEM TITLE Resolution of the City Council of National City approving Change Order Numbers Two and Three with Portillo Concrete, Inc. for an additional work (Landscape Enhancement Improvements) in the total amount of $75,035.28 in conjunction with the National City Boulevard Streetscape and 9"' Street Fountain Plaza Improvements project and authorizing City Engineer to execute the Change Orders (Funded through State Pilot Smart Growth Incentive Program and Tax Increment Funds) Din Daneshfar Engineering PREPARED BY DEPARTMENT EXT. 4387 EXPLANATION See attached explanation. J Environmental Review X N/A MIS Approval Financial Statement See attached financial statement. Approved By: Finance Director Account No g00911 STAFF RECOMME ATIO do the Resol o = OARD / CO MI ION RECOMMEDATION N/A rATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Change Order Number Two and Three forms. se A•200 (Rev. 7/03) EXPLANATION: BACKGROUND On January 9, 2007 a contract was awarded to Portillo Concrete, Inc. to install landscaped medians with street trees and traffic striping/marking on National City Boulevard between 7th and Division Streets. In addition, the improvements included the sidewalk area rehabilitation of an area on National City Boulevard between 12th and 7th Streets with an installation of a Fountain Plaza Promenade on 9th Street between "A" Avenue and National City Boulevard. On April 3, 2007 the City Council approved the Contract Change Order Number One in the amount of $42,419.76. The change order included the removal, and disposal of ties and ballast that were discovered during excavation and the replacement of the compacted Class "A" topsoil. On October 30, 2007 the project was completed and the opening ceremony was held. After the opening ceremony the following changes were requested by the City to the 9th Street Plaza improvements. It was a long process to determine the proposed changes. The process included staffs consideration of various improvement alternatives and several meetings/negotiations with the City staff and Morgan Square District Board of Directors and the Contractor. PROPOSED CONTRACT CHANGE ORDER NUMBER TWO (CCO#2) The CCO#2 Two will remove two existing seating platforms and replace with pavers to match the surface with the existing surrounding improvements. One of the platforms is located on the east side of National City Boulevard adjacent to the sidewalk and the other one is located in the Plaza area. The improvements will enhance the portal design and maintain a continuous view and passage through the existing portals. Since the seating platforms will be removed due to this change Morgan Square has decided to mount its recognition tiles on a freestanding wall. The Morgan Square will be responsible for the work. The proposed cost for the CCO#2 is $12,500. PROPOSED CONTRACT CHANGE ORDER NUMBER THREE (CCO#3) The CCO#3 will remove the existing tree and landscaping improvements in traffic circle planter, replace it with a large Deador Cedar Tree (42' Height) and redesign the planter's configuration to accommodate the proposed tree. The tree is considered to be monumental and a landmark for the City. The new improvements have the Morgan Square District Board of Directors support. The tree can be decorated with lights or other ornamentals during special events. The proposed cost for the CCO#3 is $62,535.28. The change order request forms are attached for further explanation. The staff recommendation is to approve the CCO#2 and #3 and proceed with the proposed changes. With the CCO#2 and #3 the total construction cost will be increased in the amount of $75,035.28 from $3,340,727.76 to $3,415,763.04. WORK SCHEDULE The work for the CCO#2, and #3 will be completed by May 6, 2008. FINANCIAL STATEMENT The total estimated construction cost approved by Resolution No. 2007-4 that included surveying, construction engineering, material testing, and contingency items was $3,892,308.50. This amount included the proposed lowest bid amount ($3,298,308.50), approximately 2% ($66,000) for surveying, approximately 2% ($66,000) for material testing, approximately 4% ($132,000) for construction engineering, and approximately 10% ($330,000) for contingencies. The cost for the proposed change orders will be funded through contingencies funds. The funding is available through the Tax Increment Funds and State Pilot Smart Growth Incentive Program. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE CHANGE ORDER NOS. TWO AND THREE WITH PORTILLO CONCRETE, INC. FOR LANDSCAPE ENHANCEMENT IMPROVEMENTS IN THE TOTAL AMOUNT OF$75,035.28 FOR THE NATIONAL CITY BOULEVARD STREETSCAPE AND 9TH STREET FOUNTAIN PLAZA IMPROVEMENTS PROJECT WHEREAS, a contract in the amount $3,298,308.50 to install landscaped medians with street trees and traffic striping/marking on National City Boulevard between 7th Street and Division Street for the National City Boulevard Streetscape and 9th Street Fountain Plaza Improvements Project was awarded to Portillo Concrete, Inc. on January 9, 2007, by the adoption of Resolution No. 2007-4; and WHEREAS, on April 3, 2007, the City Council approved Change Order No. 1 in the amount of $42,419.76 for the removal and disposal of ties and ballast that were discovered during excavation, and the replacement of the compacted Class "A" topsoil; and WHEREAS, Change Orders 2 and 3 are requested for the following landscape enhancement improvements requested by the City: Change Order No. 2: Remove two existing seating platforms and replace them with pavers to match the surface with the existing surrounding improvements. Change Order No. 3: Remove the existing tree and landscaping improvements in the traffic circle planter, replace it with a large Deodar Cedar tree, and redesign the planter's configuration to accommodate the proposed tree. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to execute Change Order Nos. 2 and 3 with Portillo Concrete, Inc. for Landscape Enhancement Improvements in the total amount of $75,035.28 for the National City Boulevard Streetscape and 9th Street Fountain Plaza Improvements. PASSED and ADOPTED this 6th day of May, 2008. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney City of National City National City Boulevard Streetscape and 9th Street Fountain Plaza Improvements Project #06-01 CHANGE ORDER (C/O) CO #2 Contractor: PORTILLO CONCRETE, INC. March 17, 2008 A Change Order is hereby recommended for the following work in the amount identified below: Description of Change in the Contract This Change Order will ADD the demolision and removal of the two seating platforms in the plaza area and adjacent sidewalk to the nearest joint and replace with pavers and colored concrete in kind like their adjacent improvements. All work shall be done without equipment being driven in the plaza area and the contractor shall protect the existing improvements from chips, markings or concrete splatter. This change order work was directed City Management and was discussed and agreed upon by City Management, Engineering Staff and Morgan Square Board of Directors. The removal of the seating platforms will provide a greater spacial feel and and unobstructed passage through the portals in the Plaza area. Cost Reconciliation Costs were reviewed by the City Project Manager and negotiated with the Contractor. Construction Contract Accounting Summary Original Contract Amount: 3,298,308.00 Net change by previously authorized Change Orders: 42,419.76 Contract amount prior to this Change Order: 3,340,727.76 Amount of this change order: 12,500.00 New contract amount: $ 3,353,227.76 Original contract time (working days): 160 Previously approved additional working days: 0 Additional working days for this change order: 10 Original contract completion date: 10/15/07 Original contract is complete and time is suspended for pending change orders. New contract completion date: 10 working days Approved by: City Project Manager Date 3-3/- nstruction Manager Date ciates Contractor/Portillo Concrete, Inc. Date City of National City, Ci ty. Engineer Date CC: Construction File Portillo Concrete, Inc. from notice to proceed on this change order (5/6/08) 9. na^t_r. 'or.t !, ). SQI 01 :4-`e00-y it l N P. Pr,r er-14 S..t«mats! To: -_ CITY OF NATIONAL CI.1'Y wet 1243 NATIONAL CITY BLVD. .ity, SUit:rd Zip Crrie N a.TION Al. CI;-v,1'A 91950 t roriot: DIN DAt'I S/IFAR POiiTiI,i.0 CONCRETE, INC. (:RADJNG AND ASPHALT PAVING DIVISION 352,3 Harris Street 1.ex ntt Grove, C-1 91945 Phone 619-466-4639 FAX 619-466-4685 Ce»lretin.c Sat. Lactxx No. A-65:O144 Phone. Fax: 619-294-3481 Gig _SAA-5475 lob Name REMOVE PIATFORMS AND REPLACE CONCRETE FIATVORK Job Luca on NATTONA L CITY Arehin:cc N/A. Spec Section: Plan Starts- NIA N/A Adder„.. Noted. ESTIMATED / I!ANT ITIES IFEAt DISCRR'TTON PROPOSED CHANGE ORDER WORK REMOVE RECOGNITION PLATFORMS REMOVE PLATFORMS & REPLACE CONCRETE FLAT WORK REMOVE I-x .S t IN3 RECOGNITION PLATFORMS KEPI.ACK COIsCRLTE FL.ATWORIC INSTALL PAVERS ,PR!)VI IFDLkYCITYFORCES) ----- 2 i7g 64 NONE UNIT MEASURE EACII EACH SF SF .8AAA1./o7Plane N/A UNIT PRICE IS TOTAL LUMP SUM AMOUNT OF PROPOSED CHANGE ORDER FOR REMOVING PLATFORMS: thin: oL Plans: N/A TOTAL S I2,500.00 S I2,506.00 SPECL!•TC CONDITIONS PROPOSED (:RANGE ORDER !NCLUSIONS: ONE MOVe IN ADDITIONAL MOVES $ t,500 P.R°POR 'T) CHANGE ORDER EXCLUSIONS: NCIFES: 1. 1 RICFS ()OOD FOR WORK COMPLETED THROUGH 5/31/08_ WORK COMPLETED AFTF..R Sri NOS IS SUL3JECI TO ADJUSTMENT FOR INCREASED COSTS OF LABOR, EOUIPMENT','i•RUCKING ANDOR MATERIAL. 2. AU. PRICING RASED ON NORMAL 8 HOAR SHIFTS, BETWEEN 7 AM AND S PM, MfNNDAY-FRIDAY. NO NIGIIT. WEEKEND. HOLIDAY Olt OVERTIME WORK. 1, Terms: Payment open compktinn, marls otherwise noted. 2, If wnUen a ccptmta: and notice to_Eocrcd are not received within 30 days, this AcouTtance of Proposal Pkase sign and than one wily. This quotation constitutes the sole and only g eznHa..a. Any agrecincoli, r.rvt:.,tiuns, ctc., sct firth herein are ..f.a, ore.: or effect. Daft ofAueptauce-_.- Igna4ute. may be leaned null and void by PORTIU A. PORTILIA) CONCRETE, INC. GRADING & ASPHALT PAVING DIVISION PCO Remove Recognition Platforms BID 4-08-48 4/812008 1.12 PM npr• u(s un ur:1Yp rrar-1u rur-ctsiu nia--non--t f01 Par%Ila Concrete, Inc. Detain Casting Hid As: Project Ramie: Job Nutnber: Project Addr s: Pay Stems: General Contractor 07434,& PCO Nations; City Blvd Impvts 3-04-08 National City Blvd 6twn 24d & 8/h Street. Naional City, CA Itemtf Description Customer City 0? Nattorial City Billing Address: National City, CA Phone: Contact Completion fate: 3/31/2008 Remove Recognition 4!cm s & Replace Flatwork - DETAtt. Hand Demolition Ot Platforms Hand Derno Crew (0.8u EACH/DY, 2.50 DY) 4 PCI - Truck Foremen's P,4S - Bohcat PCI - Comprestu-+r Package PCi - Truck 10Whre► r Laborer (2) Operator (a1 Dump Fees r� Replace network rej Huy Concrete Q) Flatwark Cww Flatwor'rc Crew (128 00 SFIDY, 1.00 DY) PCI - Truck Foreman s 4 PC1- Concrete Pump Foreman OQer:dor (a, Cement Masan Qt. Laburer(2) i> Place Pavers Syr Place Fevers Crew (128.00 SF/DY, 0.50 DY) PCi - Truck Foreman's ( 3, Foreman Cement Mason Laborer (2) 41ai20.18 19'571 •n Unit Total Quantity UM Direct Cast Direct Cost Unit Price Total Price MU%. 2.00 EACH $5,523 29 $11,056.59 56,250.000 $12,500.00 13.05% 1 200 EACH $3,230.08 $6,460.17 2.00 EACH 83,230.08 56,460.17 20.00 HR 20.00 HR 20.00 HR 20.00 HR 22.60 11R 20.00 I!R 20.00 KR 2.00 LOAD 128.00 SF 2.00 CY 128.IA1 SF 128.00 SF $15.00 Sd5.00 $30.00 $25.00 $66.87 $44.99 582.81 $150.00 $26.55 S150.00 524.21 $24.21 $300.00 $500.00 $500.00 $500.00 $1 „504 49 $1,799.42 51.256.25 5300.00 $3,398.45 $300.00 $3,098.45 $3.096.45 8.00 HR $16 00 S120.00 8.00 FIR E100.00 $800.00 9 00 HR 566.87 5601.8(1 6.00 1112 $62.81 $602 60 8.00 HR $44.30 $354.38 8.00 HR 544.99 $719.77 64.00 SF $14.03 $897.97 64.00 SF $14.03 $897.97 4.00 HR $15.00 $60.00 4.50 HR $66.87 $300.90 4.00 HR $44.30 $17/,19 4.00 HR $44.99 $359 88 Page 1 of 2 Hpr Lib Mt Lit: t'+p Marl' vort1!./0 -(.3 Direct Cost Totals: Bid Summary: Amount % of DC .2imOt °% of Tko P ice Labor. 57,576.59 68.S3% total ire;t CoC S1 : 056.59 88,5% Equipment Owned: S2,880 00 26.05% Total Indue i 4:.osi 50.00 0.00 Equipment Rented: SO.00 0.00% Total Etonci 50.00 0.(K)% Materials Owned: $0.00 0.00% Total Overhead S0.00 0.00% Materials Purciaed: 5300 00 2.71% Total ProFt. S 1,443.41 11.65% SubCOM.racted: $0.00 0.00% Total Tka Price: S12,500.00 Toxic inn Owned: $0.00 00o% Trucking Need: 50.00 0.00% U ce(ianeous: 5300.00 2.71% Plug: $0.00 0.00% Direct Cost: S11,056.59 Indirect Cost Totals: Amount % of IC Labur: $0.00. 0.00% Equipment Owned: $0.00 0.00% Equipment Rented: S0.00 0.00% Materials Owned: S0.00 0.00% Maieri.ls Purchased: 50.00 0.00% Subcontracted: S0.00 0.00% Trucking Owned: 50 00 0.00% Trucking Hired: $0 00 0.00% Miscellaneous: S0.00 0.00% Plug: S0.00 0.00% Indirect Cost: S0.00 4l8.2000 12.57 ern Dete Casting Pagn 2 et 2 y "r-• • •u, i v • v. ... I. J. Portirio Concrete, Inc. Resource Usage Bid As: Project Name: Job Number: Project Address: Crew Flatem.: Crew I land Demo Crew Place Pavers Crew Labor Cement Mason Foreman Laborer Operator General Cofactor Customer. City Of National City D7-04-A PCO National City Blvd Mundt: 3-04-08 Billing Address: National City, CA Phone: National City Btvd Btwn 2Nd & ETR Streets. Nei Conact: cgwp.art PCI Compressor Package PCI - Concrete Pump PCI - Truck 10 Wheeler PCI -Truk Foreman's PSS - Bobcat 4/saeots 12.57 p^, iota! Qty. UM 1.00 DY 2.50 DY 0.50 DY Total. Qty. 12.00 30.00 64.00 28.00 Total Obi, 20.00 8.00 20.00 32.00 20.00 Avg. Unit Cost Total Cost $3,098.45 $3.098.45 $2,584.0/ $6,46CI.17 $1,795.95 $897.97 Total: $10,456.59 UM Awi. Unit Cost Total Cost HR $44.30 $531.57 HR $56.87 $2,401.19 I-IR $44.99 $2,879.08 HR $62.81 $1,758.75 Total: $7,576.59 UM Avg. Unit Cost Total Cost HR $30.00 $600.00 IIR $100.00 $800.00 HR $25 00 $500.00 FIR $15.00 $480.00 HR $25.00 $500.00 Total: $2,889.00 Page 1oil City of National City National City Boulevard Streetscape and 9th Street Fountain Plaza Improvements Project //06-01 CHANGE ORDER (C/O) CO #3 Contractor: PORTILLO CONCRETE, INC. April 7, 2008 A Change Order is hereby recommended for the following work in the amount identified below: Description of Change in the Contract This Change Order is ordered by City Management after meetings with staff and the Morgan Square District Board of Directors to provide a ceremonial tree in the Plaza area and within the boundries of this project. This Change Order will ADD the installation of a new 42' Deador Cedar, irrigation and drainage system at the direction of a landscape architect (Environs) with the relocation of existing lighting and provide one additional exterior GFI outlet at the intersection of 9th & A Street, (see attachment for details). Cost Reconciliation Costs were reviewed by the City Project Manager and negotiated with the Contractor. Construction Contract Accounting Summary Original Contract Amount: Net change by previously authorized Change Orders: Contract amount prior to this Change Order: Amount of this change order: New contract amount: 3,298,308.00 54,919.76 3,353,227.76 62,535.28 $ 3,415,763.04 Original contract time (working days): 160 Previously approved additional working days: 0 Additional working days for this change order: 10 Original contract is complete and time is suspended for pending change orders. Original contract completion date: 10/15/07 New contract completion date: 5/6/08 Approved by: City Project Manager Date Construction Manager Date Associates 440-) (Pt Contractor/Portillo Concrete, Inc. (//q/Ob Date City of National City , City Engineer Date CC: Construction File Portillo Concrete, Inc. City of National City National City Boulevard Streetscape and 9th Street Fountain Plaza Improvements Project #06-01 CHANGE ORDER (C/O) WORKSHEET Contractor: PORTILLO CONCRETE, INC. Portillo Concrete, Prime Contractor Remove and dispose of existing curb, gutter and 20' x 20' street section at the intersection of 9th and "A" Street. Replace curb and gutter at 20' diameter and remainder of removed street section. Remove and dispose of spoils from tree planting. Provide traffic control. Piteco's Provide one 42" Deador Cedar, picked by Environs and approved by the City, including tax and delivery. Remove existing landscaping in the circle at 9th & A Street, install Deador Cedar, install drains, modify irrigation system per Environs and provide a one year warranty for the tree. Crane service to install the Deador Cedar. One year maintenance of Deador Cedar. Ace Electric Remove and relocate existing lights and electrical system in the circle at 9th & A Street for the tree installation, and provide one external GF1 outlet on the existing circuit. Environs Provide professional landscape architect services to locate suitable ceremonial tree for 9th & A Street that is acceptable to the City; design and oversee planting, drainage and irrigation system; establish maintenance schedule and provide construction drawings and as-builts as necessary. Portillo Concrete, Prime Contractor CO#3 March 17, 2008 15,500.00 23,166.25 4,945.00 3,589.00 1,400.00 750.00 7,500.00 subtotal 56,850.25 10% Mark-up 5,685.03 62,535.28 7 :3? 5259:11750 AND!;?P!-. PA6E 03/03 P ITECO'S March 31, 2008 Portillo Concrete, Inc. 3528 Harris St. Lemon grove, Ca. 91945 Attn: Mr. Mario Portillo Re: National City Blvd. Streetscape and Fountain Plaza Dear Mr. Mario Portillo Enclosed please find our proposal for Large TREE at 9th and A ST. on the above referenced job. Canary Island Pine Tree 12' box . ....23,166.25 Crane 3,589.00 Instalation 4,945.00 One year Maintenance 1,400 00 Inclusions- Removal of existing tree and shrubs; Material to plant new tree; 360 day maintenance. Exclusions Engineering; Bracing; Traffic Control; Utility Mark Out Demo for other Trades; Permits; Utility Disconnects; Handling of Hazardous Materials; Rocks or Hard Digging; Surveying; No 110 electric volt EXPORT OF SOIL; No Saw cutting on concrete or pavement; Patching AC or Concrete; Contractor to receive site within +/-.10 of finished grade; Piteco's landscaping & Marco Crane is not responsible for damage to existing street, curb, driveway, landscaping or sidewalk due to ingress, egress or stabilization of Marco Crane's equipment. It further clarification is necessary, please feel free to call. Thanking you in advance for your consideration, we remain, • Yours Truly, Javier I ' Owner .1...1.$,$1 I c rld SC dr)11-itj .)11, I. • I ACE ELECTRIC P.U. BOX G11t071 A SAN DIEGO, CA 92160 1071 Via E-mail rds(u)pc.sdcoxmail.corn March 17, 2008 Porrillo Concrete, Inc. 3528 Harris Street lemon Grove, CA 91945 Project: National City Boulevard Re: 9th & A. Outlet at New Tree We propose to remove and at a later to he determined re -install all light fixtures at the New Tree at 96, and A. We will safe -off the electric and relocate boxes as required, and add one weatherproof outlet with locking cover. This outlet will be fed from an existing circuit and consequently will be controlled by the. time clock that had previously controlled the lights. The price for this work is P50.00. Please call if you have any questions or aced additional information. Very Truly Yours, Jeffrey A. hinds President CONTKAC l OR'S LICENSE NO 835109 PHONE. (619) 321-9740 EXT 107 4 FAX: 019)521 9742 ttinds(n1/AccElectniclnc.corn ENVIRONS LANDSCAPE ARCHITECTURE 2.4.0R Portillo Concrete, Inc. 3528 Harris Street Lemon Grove, CA 91945 Attn: Mr. Paul Smith RE: Proposal for Landscape Architectural Services: CEREMONIAL TREE PLAZA — NATIONAL CITY, CA Env No. 08.006 Dear Paul: We are pleased to submit this proposal for Professional Services in connection with the project referenced above for your review and consideration. This agreement is by and between ENVIRONS Landscape Architecture, Inc. (ENV), a (California corporation), and Portillo Concrete, Inc. (Client), in Lemon Grove, CA. ENV shall provide professional services on the project referenced above, a recently completed plaza project site in National City, CA. The project site is located adjacent to the Historical (tome area at the intersection of 9th Street and 'A' Avenue. The current planting area is approximately 10' in diameter with all improvements constructed on grade. The desire of the City is to acquire as large a tree as possible and to create a Ceremonial / Christmas Tree plaza. The current improvements will need to be demolished to allow for the excavation of the planting pit, percolation testing of the subgrade, testing of the on site soil for amendment recommendations, planting of the tree, installation of the modified curb and hardscape, irrigation, lighting, understory planting and finish work. ENV will address the investigation of the specimen tree which will dictate the design and development of the project site plan and the landscape in coordination with the General Contractor. ENV will conceptually design the landscape, to he presented to the City Council for consideration and approval. Upon Approval of the Concept Design, ENV will prepare the designs and plans as required and necessary for approval by the City of National City for the project to proceed. The areas to be addressed are focused on the central landscape area at the center of the project site. All available hard copies and/or electronic files to be provided by Client or project manager to ENV for use in this process. The site survey will be utilized to verify and dimension all existing on site improvements to update the base sheet to accurately indicate all site futures and improvements, vegetation and topography. The updated base sheet will be used by Environs for use in the design and plan preparations. When authorized, ENV will move forward with the analysis, evaluation, identification of the proposed specimen tree and all related processes and improvements. The discussion about changing out the trees in the adjacent plaza fronting National City Blvd. work is above and beyond the scope of this fee proposal and will be addressed as Additional Services. RI.A 3 010 1909 State Street San Diego, CA 92101 619.232.70117 ext. 101 619.232.7008 (fax) Wt41>'.en Ylron c. tic Ceremonial 'ITee Plaza • Page 2 2.4.011 c;X H I B1'I' 'A' SCOPE OF SERVICES/PROCEDURE 1.0 PRELIMINARY LANDSCAPE I'1.AN PHASE ENV shall review the previously prepared Site and Architecture Plans, and visit the site with copies of the plans to document the existing site conditions, and to prepare evaluations and recommendations for consideration. With input from the Client, ENV will prepare a specific project development program identifying all desired improvements and features for incorporation into the project design process. A Preliminary Landscape Plan will be prepared for the project to submit to the Client for approval. The Preliminary landscape Design Phase process will document existing conditions and initial design proposals to be prepared and forwarded to the Client for review and shall include: 1.1 Concept Landscape Planning ENV shall utilize the updated site plan as a basis for the preparation of the proposed landfonn and landscaping. A site investigation will be conducted to identify issues specific to the project location. Specific project issues and requirements will be reviewed to identify design requirements and criteria prior to preparation of design concept and preliminary plan. Establishment of the 'design approach' to the project and coordination with any other consultants .t improvements. Preparation of a landscape Concept flan for initial consideration by the City of National City for the following components of the project: Planting Concepts — for the planting area in the plaza ENV shall present the Landscape Concept Plan during two (2) meetings with the Client for their input. The design concepts will be communicated to the Client through the following graphics prepared in a "tissue graphic" style. Conceptual Landscape 1'lan - one (I) at 1 /8" — 1 '-0" scale Revisions shall be made, if required, as a result of these meetings. 1.2 Preliminary landscape Plan The approved Landscape Concept Plan will serve as the basis for the Preliminary landscape Plan, which will be the comprehensive. formal graphic communication of the proposed landscape architecture. The Preliminary Landscape Plan will be formatted to meet the submittal requirements and review comments of the City of National City and any Design Guidelines or requirements that may exist, and will include the following elements: Preliminary landscape flan - one (1) at 1 /8" -- I '-0" scale (1) rendered Illustrative Plan and electronic tile tor reductions Opinions of Probable Costs ENV will present the Preliminary landscape Plan Package to the Client for final design and budget input approval. ':crcmonial Tree Plaza 'ape 3 2.4.0R EN V 1 R 0 N S L ANDSAP6 AR11111LClURC ENV shall assist by providing prints or electronic versions of the plans to the Client for the submittal of the 1reliminary landscape Plan Package to the appropriate agencies by the responsible party of the design team.' ENV can provide the staff and services to facilitate the submittal process if required and directed by Client. ENV shall respond to the plan review comments of the agencies in the form of revisions to the Preliminary Landscape Plan package, if required and shall assist in the resubmittal of the plans for their approval (if required). If directed, the approved Preliminary Landscape flan will serve as the basis for the Construction Document package of the proposed landscape architecture. ENV will then prepare an expanded Scope of Services to address the specific scope of work as directed and agreed upon with the Client. 2.0 CONSTRUCTION DOCUMENT PHASE 2.1 ENV shall prepare one set of construction documents for the subject property when authorized by the Client. 2.2 Elements of Work One (1) complete set of Landscape Improvement Plans will be prepared at one time for the proposed landscape improvements. Plans will be prepared in Auto CAI) 2006 at I/R" — I'-0" scale to coordinate with the Civil Engineer plans for submittal requirements to the City of National City. 2.3 1.andscapc Irrigation Plan The Irrigation Plan will diagrammatically depict all landscape irrigation piping, valves, control equipment, sprinkler heads and related irrigation equipment (including sizes and types) for the automatic irrigation of planting areas. All necessary details required to install the irrigation system will be included. 2.4 Planting Plan 1'he Planting Plan will graphically locate and identify all plant materials to be used including specific quantities, sizes and varieties, and will include all necessary planting details for the installation of plant materials. Lighting fixtures, quantities, locations and specifications will also he provided. 2.5 Specifications The Specifications will be in short form as a part of the construction documents, will identify the types, manufacturers and/or qualities of materials to be used or incorporated into the work, will outline methods of installation, and will establish the quality of workmanship for the completed work. 2.6 Meetings ENV will attend three (3) working meetings during the Construction Document phase. Additional meetings will be provided on an hourly basis at the rates defined in Exhibit 'C'. 3.0 CONSTRUCTION ADMINISTRATION/OBSERVATION PHASE 3.1 ENV shall visit the site at the following stages of construction when authorized by the Client or his authorized representative. These services will he provided on an hourly basis at the rates defined in Exhibit 'C' to the amount indicated in Exhibit `B'. Authorization will be requested if required to exceed the amount indicated for Construction Administration services. Ceremonial '14 ee Plaza Page 4 2.4.08 ('reconstruction Conference In igation Pressure and Coverage Tests ENVIRONS 1. ANUS C AR6 ARCHITECTURE Soil Amending Plant Material Selection/Tagging -- the specimen tree for use will he tagged at the onset of the project for approval by the City Council and for incorporation into the design and plans Plant Spotting Pre Maintenance Final Maintenance 4.0 ADDITIONA1, SERVICES Additional services outside the scope of this proposal, which arc requested and authorized by the Client will he killed at the hourly rate as outlined in Exhibit "C". ENVIRONS 1 ANDSCAPE ARCIIITEC JURE Ceremonial '1-ree Plaza Page 5 2.1.OR OPTIONAl. SERVICES / SCOPE OF SERVICES EXCLUDES i . Changes in the scope of the Project or services. Changes not initiated by ENV. Changes that are inconsistent with written approvals or instructions previously given or are required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents. Changes due to other causes not solely within the control of ENV. 2. Preparation, manipulation, modification, and/or revisions to the provided hard copy and/or electronic media for use in developing base sheets for the project. Staff time will be billed hourly at the staff rates indicated. 3. Perspective drawings, renderings, scale models, mock-ups, samples, photography or written text. 4. Presentations at hearings or community groups. 5. Acting as an expert witness. 6. Preparation of forms and/or written documents for development permit, environmental mitigation, or grading permit. The submission of partially completed documents plans are to he completed for submittal. 7. Plan processing and/or obtaining approvals by governing agencies. Costs of permits and fees. R. Survey to establish existing conditions. 9. Soils analysis andior testing. 10. Labor and/or materials take offs and/or cost estimates beyond the `opinion of probable costs' prepared in the Concept Phase of work. 11. Engineering, design or selection or utility, mechanical and structural systems for walls, paving, lighting, recreational facilities, play courts, eating facilities, water features or pools, pumps, architectural planters. atriums, subterranean structure protection, drainage devices, sculpture, signage, and interior landscape improvements. 12. Phasing of the construction documents, and/or site observations. Fee proposal is based on implementing the project one time upon direction and authorization to proceed by the Client. 1'3. Bid forms and documents (excluding plans and specifications). 14. Selection of plant materials at nurseries. 15. Contract administration. 16. Drawings of record. 17. Providing any other services not otherwise included in this Agreement. These services may, however, be available as additional services. 1 R. The contribution of ENV to the project under Scope Items 1.0, and 2.0 shall he limited to areas of design and aesthetics and ENV does not assume responsibility for the work of others in the production of their respective construction documents or the sufficiency thereof necessary to the execution of the work. Ceremonial Tree Plaza Page 6 2.4.08 F. NV t R 0 N S I ANDSCAPE ARCM T ECTIIR r. • EXHIBIT 'B' 'TES AND TERMS Services described above shall be provided on an I lourly basis with a 'not to exceed' of $7,500.00 in accordance with the terms and conditions in Exhibit 'C' attached hereto and which is incorporated and made a part of this Agreement by reference. We estimate the following tee breakdown by phase: • • Preliminary Landscape Plan Phase Construction Document Plan Phase Construction Administration Phase Additional Services S3,500.00 S4,000.00 Hourly - As Requested !lowly - As Requested Fee Total $7,500.00 1 am looking forward to working with you to design and secure the necessary approvals for the project. Should you have any questions, please do not hesitate to call. If this proposal merits your approval, please sign and return a copy for my records. Sincerely, Martin F. Schmidt, ASLA Principal RI.A 3010 CCEPTED: (Mr. Paul Smith) Date: ENVIRONS LANDSCAPE ARCHITECTURE •Ccternontal Tree Plaza . Page 7 2.4 OR EXHIBIT 'C' IJC)t.1R1.Y RATES AND ADD177UNAL SERVICES AUUITIONAI, .SERVICES: A. Additional services and site observation shall he based on the following hourly rates: Principal $120.00 Landscape Architect $100.00 landscape Designer $80.00 Site Observation/Plant Material Selection $100.00 Time for services performed outside the office starts and ends upon leaving and returning to the office. In the event the scope of services changes to a degree that will alter the fee, the Client shall be notified in writing wid a revised fee will be established. Requests for additional services will be documented and a completion time and compensation amount will be submitted for approval. REIMBURSIBLE EXPENSES The following reimhursible expenses will be invoiced to the Client at cost phis 10% and are not included in the Fee for Professional Services: l . Costs for photographic, xerographic, dry mounting, and delivery services. 2. Outside consultants as authorized by Client. 3. Express mailing, delivery, and/or shipping costs inside or outside the County of San Diego. 4. Mileage to and from the project site and project related travel at $0.505 per mile. 5. Plotting services in house at current rates determined by Environs. FEES FOR PROI'ESS'IONAI. SERVICES: Services outlined under the Scope of Services shall he provided for the hourly rate stipulated in the agreement for Professional Services. STATEMENTS Fees for Professional Services shall be billed monthly for progress payment based hours expended. Reimhursible costs shall he billed with tee invoices. ACCOUNTS Accounts are payable net 30 days from date of invoice to our office in San Diego, CA. RIGHT TO SUSPEND SERVICES ENV shall have the right to suspend services on this project if the parties have not executed a written contract for ENV's services and unpaid invoices have been rendered beyond the 30 day period from date of invoice. ENVIRONS LANUSCAPL .ARCHITECTCRE Ceremonial Tree Plaza ' Page 8 2.4.ug AUTHORIZATION TO PROCEED If ENV is authorized to commence and/or continue providing its services on the project, either orally or in writing, prior to execution of a written contract, such authorization shall be deemed an acceptance of this proposal and all such services shall be provided and compensated fur in accordance with the terms and conditions contained herein as though this proposal were fully executed by the Client. EXPRESS WARRANTIES The standard of care for all professional services performed or furnished by Consultant under this Agreement will be the skill and care used by members of Consultant's profession practicing under similar circumstances at the same time and in same locality. Consultant makes no wan -wines, express or implied, under this Agreement or otherwise, in connection with Consultant's services. OWNERSHIP OF DOCUMENTS All docurnents produced by ENV under this agreement shall remain the property of ENV and may not be used by the Client for any other endeavor without the written consent of ENV. ACCF;.SS TO THE SITE I'OR PHOTOGRAPHIC/DOCUMENTATION OF FINISHED INSTALLATION ENV will be allowed access to the site during the implementation process, and after completion of the installation for the purpose of documentation photography and imagery for use by ENV in marketing purposes. CREDITS/ACKNOWLEDGEMENTS ENV shall be given proper credit and acknowledgements for all services rendered including, but not limited to Landscape Architecture and implementation. Proper credit shall he defined as being named by Client (or their agent/client) in project identification hoards, published articles, promotional brochures, and similar communications. LIABILITY ENV shall use reasonable care and diligence in the performance of services. Should ENV he Ibund responsible for an error, omission or negligent act (both passive and active, the maximum liability of ENV shall be limited to the net service fee). This paragraph applies to any party to which this agreement may be assigned. TERMINATION 1t is understood that these services may be terminated upon 10 days written notice for good reason by either party. In this event, ENV shall be compensated for all work performed prior to date of termination at the rate set forth. REVOCATION This proposal shall be considered revoked if acceptance is not received within 30 days of the date hereof. ENV 1 .R O N S LANDSCAPE ARCHITECTURE /7 l'ORl'ILLO CONCRETE, INC. GRADING.4ND ASPHALT PAVING DIVLSION 3528 Morris Street Lemon Grove, C-1 91945 Phone 619-466-4639 FAX 619-466-4685 Contractors State License No. A-680144 • oposal Submined To: CITY OF NAIIONAI. CITY Phone: 619-294-3481 Fax: 619-588-547S Date: 4/07/08 trect 1243 NATIONAL CITY RLVD. Job Name INSTALL RIG TREE Job Phone N/A 'ity, State and Zip Code NATIONAL CITY, CA 91950 Ancmirni Bl'RON WADE. - Architect N/A Job Location 9TH STREE ' AND 'A', NATIONAL CITY -- Plan Sheets N/A Date of Plans • N/A Spec Section: N/A Addendas Noted: NONE ITEM 1. DESCRIPTION ESTIMATED QUANTITIES UNIT MEASURE UNIT PRICE TOTAL 515,500.00 PROPOSED CHANGE ORDER WORK REMOVE & REPLACE EXISTING CURB & OUTER AND TYPE'E 1 LS • LS PCC PAVEMENT - AS NECESSARY TO ACCOMMODATE. NEW TREF. -J TOTAL LUMP SUM AMOUNT OF PROPOSED CHANGE ORDER: S15,500.00 SPECIFIC CONDITIONS PROPOSED CHANGE ORDER INCLUSIONS: _ ONE MOVE -IN (ADDITIONAL (u) 53,500) PROPOSED CHANGE ORDER EXCLUSIONS: DEWATERING OR WATER DIVERSION NOTES: THROUGH 5/31/08. WORK TRUCKING AND/OR SHIFTS, BETWEEN 1. 2. PRICES GOOD FOR WORK COMPLETED INCREASED COSTS OF LABOR, EQUIPMENT, ALI- PRICING BASED ON NORMAL 81IOUR COMPLETED AFTER 5/31/08 IS SUBJECT TO ADJUSTMENT MATERIAL. 7 AM AND 5 PM, MONDAY-FRIDAY. NO NIGI IT, WEEKEND, FOR IIOLIDAY OR OVERTIME WORK. I. Terms: Payment upon connplelion, unless otherwise noted. 2. If written acceptance and notice to proceed arc not received within 30 days, Iles pi oposal may be deemed null told void by PORT 11LC lease sign . greement. force or effect. ale of Au:eplaucc. ♦ ignamre Acceptance of Proposal and return one copy. This quotation constitutes the sole and only Any agreements, negotiations, etc., not set forth herein arc of no Submitted By: Authorized Signature PORTILLO CONCRETE, INC. GRADING & ASPHALT PAVING DIVISION MARIO PORTILLO PR ,� J ---__- PCO R&R Concrete at Rig tree nth 8'A' Ave RID 4-07-08.xls 1 of 1 4/7/2008 1:47 PM Portillo Concrete, Inc. Detail Costing Bid As: Project Name: Job Number. Project Address: Pay. Items: General Contractor 07-04-A PCO National City Blvd Impvts 4-07-08 National City Blvd Btwn 2Nd & 8Th Streets, Natonal City, CA Customer. Billing Address: Phone: Contact: City Of National City National City, CA Completion Date: 4/30/2008 Item*/ Description Remove & Replace Concrete Around Tree - DETAIL Quantity UM Unit Total Direct Cost Direct Cost • Unit Price 1.00 LS $13,448.09 $13,448.09 Traffic Control Signagc (Sawcut, Demo, Hard Off & Dispose Concrete Sawcut Existing Concrete t+r Sawcut Crew (280.00 LF/DY, 0.50 DY) PCI - Truck Foreman's 4�PCI - Sawcutter m® PCI - Sawcut Vacuum Laborer ra• Foreman ek Operator OD Demo Fxisting Concrete Curb & Load Spoils y Concrete Demo Crew (9.00 CY/1)Y, 1.00 DY) 4 PCI - Truck Foreman's PSS - Bobcat �. PCI - Bobcat Breaker Foreman r4 Operator a Laborer (2) 60. Haul OI* Concrete Demo Haul Concrete Demo -10-Wheeler (2.67 LOAD/DY, 0.75 DY) 4 Trk-10 Wheeler & Dr - Rented (2) Dump Fees - Concrete Demo Install New Curb & Gutter Replace Type E Flatwork Supervision Supervision (1.00 UNIT/DY, 2.00 DY) 4 PCI - Truck Foreman's r 10 Dond 4/7/7008 1 43 pm Foreman $15,500.000 Total Price $15,500.00 MU% 15.26% I 1.00 LS $100-00 $100.00 9.00 CY $524.83 $4,723.43 140.00 LF $6.00 $839.36 140.00 LF $6.00 $839.36 4.00 HR $15.00 $60.00 4.00 HR $15.00 $60.00 4.00 HR $8.00 $32.00 4.00 HR $44.99 $179.94 4.00 HR $64.04 $256.17 4.00 HR $62.81 $251.25 9.00 CY $251.56 $2,264.07 9.00 CY $251.56 $2,26407 8.00 HR $15.00 $120.00 8.00 IIR $25.00 $200.00 8.00 HR $15.00 $120.00 9.00 HR $66.87 $601.80 8.00 IJR $62.81 $502.50 8.00 IIR $44.99 $719,77 2.00 LOAD $510.00 $1,020.00 2.00 LOAD $510.00 $1,020.00 6.00 HR $85.00 $1,020.00 2.00 LOAD $300.00 $600.00 63.00 LF $70.00 $4,410.00 100.00 SE $25.00 $2,500.00 2.00 DDAY $632.33 $1,264.67 2.00 UNIT $632.33 $1,264.67 16.00 HR $15.00 $240.00 16.00 HR $64.04 $1,024.67 1.00 I S $450.00 $450.00 Page 1 of 2 Direct Cost Totals: Bid Summary: Amount % of DC Amount % of Tko Price Labor: $3,536.09 26.29% Total Direct Cost: 513,448.09 86.76% Equipment Owned: $332.00 6.19% Total Indirect Cost: 50.00 0.00% Equipment Rented: $1,120.00 3.33% Total Bond: $0.00 0.00% Materials Owned: 50.00 0.00% Total Overhead: $0.00 0.00% Materials Purchased: S0.00 0.00% Total Profit: $2,051.91 13.24% Subcontracted: 56,910 00 51.38% Total Tko Price: $15,500.00 Trucking Owned: 50.00 0.00% Trucking Hired: 50.U0 ft.00% Miscellaneous: S1.050.00 7.81% Plug: $0.00 0.00% Direct Cost: $13,448.09 Indirect Cost Totals: Amount Y. of IC Labor: $0.00 0.00% Equipment Owned: $U.00 0.00% Equipment Rented: $0.00 0.00% Materials Owned: $0.00 0.00% Materials Purchased: 50.00 0.00% Subcontracted: $0.00 0.00°/. Trucking Owned: $0.00 0.00% Trucking Hired: $0.00 0.00% Miscellaneous: $0.00 0.00% Plug: $0.00 0.00% Indirect Cost: $0.00 4.71200R 1 431nn Detail Costing Page 2 of 2 Portillo Concrete, Inc. Resource Usage Bid As: General Contractor Customer: City Of National City Project Name: 07-04-A PCO National City Blvd Impvts 4-07-08 Billing Address: National City, CA Job Number: Phone: Project Address: National City Blvd Btwit 2Nd & 8Th Streets, Nai Contact: Crew Total Qty. UM Avq. Unit Cost Total Cost Concrete Demo Crew 1.00 DY $2,264.07 $2,264.07 Haul Concrete Demo -10 Wllceler 0.75 DY $1,360.00 $1,020.00 Sawcut Crew 0.50 DY $1,678.72 $839.36 Supervision 2.00 DY $632.33 $1,264.67 Total: S5,388.09 Labor Total Qtv UM Avq. Unit Cost Total Cost Foreman 29.00 HR $64.92 $1,882.63 Laborer 20.00 HR $44.99 $B99.71 Operator 12.00 1 IR $62.81 .$753.75 Total: $3,536.09 Equipment Total Qty. UM Avq. Unit Cost Total Cost PCI - Bobcat Breaker 8.00 HR $15.00 $120.00 PCI - Sawcut Vacuum 4.00 HR $8.00 $32.00 PCI - Sawcuttei 4.00 HR $15.00 $60.00 PCI- TnickI-oieman's 28.00 HR $15.00 $420.00 PSS - Bobcal 8.00 HR $25.00 $200.00 Trk-10 Wheeler & Dr - Rented 12.00 HR $85.00 $1,020.00 Total: $1,852.00 4/7/2008 1'41 prn Pay: 1 nf 1 City of National City, California COUNCIL AGENDA STATEMENT ,MEETING DATE May 6, 2008 AGENDA ITEM NO. 11 ITEM TITLE Resolution of the City of National City, Authorizing the Mayor to Execute an Agreement I with Jones & Stokes Associates, Inc. In the amount not to exceed $297,838 to Prepare an Environmental Impact Report and Related Technical Studies for the Westside Specific Plan. (Case No. 2007-34 GP, ZC, SP) (Tax Increment Funding) PREPARED BY DEPARTMENT Peggy Chapin, Principal Planner (336-4319) Planning EXPLANATION On March 4, 2008, the City Council was advised that a consultant selection process was underway to select a consultant team to prepare the Environmental Impact Report for the Westside Specific Plan. Requests for Qualifications were sent to seven environmental consulting firms. Of all of the Qualification Statements received, three firms were requested to submit detailed proposals and fee. A staff selection committee interviewed the three firms on March 26, 2008 and selected the firm of Jones & Stokes Associates, Inc. Environmental Review X NIA Financial Statement Approved By: Fi nFe Director A total amount of the contract is $297,838 will be allocated from tax increment funds. III ,ItYl Account No. 1 STAFF RECOMMENDATION Approve the contract for the consultant team to prepare an Environmental Impact Report and related Technical Studies for the Westside Specific Plan. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Agreement Resolution No. A 200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH JONES & STOKES ASSOCIATES, INC. IN THE AMOUNT OF $297,838 TO PREPARE AN ENVIRONMENTAL IMPACT REPORT AND RELATED TECHNICAL STUDIES FOR THE WESTSIDE SPECIFIC PLAN WHEREAS, the City desires to employ a consultant to prepare an Environmental Impact Report and related technical studies for the Westside Specific Plan; and WHEREAS, the City has determined that Jones & Stokes Associates, Inc. is a professional environmental consulting firm and is qualified by experience and ability to perform the services desired by the City, and Jones & Stokes Associates, 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 an Agreement with Jones & Stokes Associates, Inc. in the amount of $297,838 to prepare an Environmental Impact Report and related technical studies for the Westside Specific Plan. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of May, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND JONES & STOKES ASSOCIATES, INC. THIS AGREEMEN 1 is entered into this 6th day of May 2008, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CI IY"), and Jones & Stokes Associates, Inc., a consultant firm. (the "CONSULTANT") RECITALS WHEREAS, the CITY desires to employ a consultant to provide consultant services. WHEREAS, the CI I Y has determined that the consultant is an environmental consultant and is qualified by experience and ability to perform the services desired by the CI I Y, and the CONSULTAN I is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOI_I.OWS: 1 ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT-. 2. SCOPE OF SERVICES. The CONSUL TAN 1 will perform services as set forth in the attached Exhibit "A". the CONSULTAN I shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT from time to time reduce or increase the Scope of Services to he performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 1 Revised February 18, 2008 3. PROJECT COORDINATION AND SUPERVISION. Peggy Chapin hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Bob Stark thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the .CONSUL IANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "B" shall not exceed the schedule given in Exhibit "B" (the Base amount) without prior written authorization from the project coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONSULT AN i 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 Agreemment, for inspection by the CITY and for furnishing of copies to the CITY, if requested. Jr. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "C". 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT 2 2 Revised February 18, 2008 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 CFI Y of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONSULTANT. 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 CONSULTANT nor the CONSULTANT'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. l his Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSUL I ANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTAN F with its sub CONSULTANT (s) shall require the SUBCONSUL TANT to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTAN I , its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely' such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its SUBCONSULTANTs, shall obtain and maintain a 3 3 Revised February 18, 2008 current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. The CONSULTAN I represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. -I he CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 11. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULIANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSUL PANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous 4 4 Revised Februwy 18, 2008 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.'File CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTAN F to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to 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 CONSULTANT's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 5 5 Revised February 18, 2008 16 INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: LA 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 owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 [`combined single limit only applies to auto] per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANTS/CONSULTANT's employees and employers' liability insurance with limits of at least_$1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. 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, and additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agree- ment. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 6 6 Revl.<,ed February 18. 2008 K. All deductibles and self -insured retentions in excess of $10,000 must he disclosed to and approved by the CITY. 17. LEGAL FEES. If any party brings a suit or action against the other party. arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attomey'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 CI l Y 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 riot 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 he final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT 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. l ermination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of 7 Rev sed February 18, 2008 and be delivered to the CITY, and the CONSULTANT shall he 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 Tess any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSUITANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall 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: Peggy Chapin, Principal Planner City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONSUL CANT: Bob Stark Jones & Stokes Associates, Inc. 9775 Businesspark Drive, Suite 200 San Diego, CA 92131 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. 8 8 Revised February 18, 2008 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSUI TANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. 9 9 Revised February 18, 2008 G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Constniction. 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. 10 10 Revised February 18, 7008 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: By: Ron Morrison, Mayor Date: APPROVED AS TO FORM: Jones & Stokes Associates, Inc. 17310 RedidII Ave, Suite 300 Irvine, CA 92614 Kris Bonner'Vi e President 1 C Date By: George 11. Eiser, III David Freytay, Vice Pre er City Attorney UU Date: Date Revised February 18. 2008 IcFJones& Stokes an ICF International Company EXHIBIT A E_ s e n t l a Scope of Work Task 1: Project Kick-off and Scoping Successful completion of the EIR will require close collaboration with the ICF Jones & Stokes/ Essentia team (J&S/E), City staff, and other stakeholders (including elected officials, other contracted City consultants, community members, and business owners). To initiate the EIR process, our Team's project managers will attend a kick-off meeting with City staff to identify roles and responsibilities, obtain pertinent project information (including information about the aULI Site"), refine the project work plan that will serve as a road map through the EIR process, and establish a project schedule. In addition to project logistics, discussions regarding community "hot button" issues/factors will be held to facilitate our complete understanding of the project drivers. Task 2: Develop Notice of Preparation On behalf of the City as the leap agency, our team will prepare a Notice of Preparation in accordance with CEQA Guidelines Sections 15080 through 15083. At a minimum, the NOP will include a summary of the project, description of the Westside neighborhood Specific Plan area, and likely environmental effects of the project. After the NOP is completed, the J&S/E team will coordinate with City staff to distribute and file the NOP with the State Clearing House. Per your direction, the City will be responsible for printing and mailing the NOP as well as placing it in the newspaper. During the 30-day review period, the J&S/E team will coordinate a community scoping meeting. The purpose of the community scoping meeting is to inform the community and/or interested stakeholders of the environmental review process and solicit input as to the content and scope of the EIR. The J&S/E team will work with the City to identify the most appropriate format for the scoping meeting (e.g., work shop, presentation, etc.) and advice on other meeting logistics (e.g., translational needs, hand-outs, figures, etc.) to best serve the particular needs of the community. After the 30-day review period is completed, the J&S/E team will review all comment letters received in response to the NOP, as well as compile all input received at the scoping meeting to be sure all comments are addressed in the Draft EIR. Our experience with community meetings has shown that soliciting community input early is critical to identifying the key project issues and establishing and maintaining the credibility of the EIR process. 9775 Bus", , park Avenue. Suite 200 San Diego, CA 92,31 r BSB. Sittr61 BSII. S F8.OS)3corn IonevanMtokes corn City of National City April17 2008 Page 2 Task 3: Technical Studies and Data Analysis The J&S/E team recognizes that numerous studies have been completed for the Westside neighborhood and in preparation of the Specific Plan (e.g., biology, hazardous materials, traffic, etc.). Therefore, to avoid duplications and to reduce costs, the J&S/E team will rely on existing data whenever possible. Based on our knowledge of the Westside neighborhood, the J&S/E team proposes to complete the following technical studies in support of the EIR. With the exception of the traffic report and biological memorandum, it is envisioned that the results of all technical studies will be incorporated directly into the corresponding EIR chapter, with all supporting data, calculations, and modeling printouts contained in the EIR appendices. Task 3.1: Traffic, Circulation, and Parking Traffic, circulation, and parking dynamics in a changing urban setting can have far reaching impacts. It will be important to ensure the circulation and parking systems can accommodate the increased density but it will be equally important to not overly upgrade the circulation system. An important issue to the revitalization of the Specific Plan is the provision of an adequate supply of parking for both commercial and residential development. At the same time, it is important to develop parking standards that recognize the unique opportunity for transit -oriented development. Ensuring that adequate pedestrian and bicycle circulation is afforded is another important issue. Our teaming partner Linscott, Law & Greenspan (LLG) will conduct a traffic analysis that will address existing conditions, program level traffic study, parking analysis, and project level traffic study (if necessary). The analysis will specifically assess the determination of significant impacts and recommended mitigation measures to ensure these important areas of the study are properly identified. Subtask 3.1,1: Existing Conditions A representative from LLG will visit the project area and note existing conditions. Existing baseline traffic counts will be conducted at twelve intersections and twelve street segments in the study area. The data collected during the traffic counts will be used to calculate and document the existing Levels of Service (LOS). In addition to using the baseline traffic counts to establish the existing LOS, LLG will review the 12/2003 Traffic Assessment prepared by Katz Okitsu and Associates (KOA) and will incorporate data as appropriate. Subtask 3.1.2' Program Level Traffic Study The focus of the Program Level Traffic Study will be on the long term 2030 time frame. LLG will work with City Staff and SANDAG Staff to incorporate the Specific Plan into the Traffic Model that will be used to estimate 2030 traffic volumes. Year 2030 intersection volumes will be forecasted and Year 2030 intersection and segment LOS will be calculated. Significant impacts will be Jones & Stokes Essentla 1 3 , an ICF International Company City of Cdationai City April 17, 2008 Pace 3 calculated and mitigation measures will be recommended to ensure City standards are met. A detailed traffic study will be prepared. Subtask 3.1.3: Parking Analysis As requested in the City's request for a scope for work, a parking study will be completed to document the parking supply available in the Specific Plan area. To accomplish this, LLG will conduct spot parking demand counts within the Specific Plan area. These data will be used to prepare a colored exhibit showing the parking supply/demand. The parking study will also evaluate whether the Specific Plan will result in the Toss of parking supply or an increase in offsite demand and determine where parking deficiencies are expected. Results of the parking analysis will be used to recommend improvements to parking opportunities including parking districts and/or permit programs. A parking analysis report will be prepared. Subtask 3.1.4: Project Lev& Traffic Study Project -level trip generation/ distribution/ assignment will be calculated for the "ULI Site' project. Cumulative projects will be included. Existing, Existing + Project and Existing + Project + Cumulative Projects LOS will be calculated. A site access assessment will also be conducted. Significant impacts will be determined and project specific mitigation measures will be identified. A Project Level Traffic Study report will be prepared. Task 3.2: Air Quality J&S/E will prepare a discussion of pertinent air quality statutes and regulations that apply to the Specific Plan area, including federal and California Clean Air Acts, the National and California Ambient Air Quality Standards, and the Regional Air Quality Management Plan (AQMP). A three- year summary of local ambient air monitoring data collected at the nearest monitoring station will be provided. J&S/E will also discuss localized air quality concerns such as emissions from Interstate 5 and the Port of San Diego, relying on published data. J&S/E will prepare a construction emission inventory that will include combustion emissions related to construction equipment operation, fugitive emissions related to site preparation and earthmoving activities, mobile source emissions related to construction worker and haul truck trips, and ROC emissions related to architectural coating application and asphalt pavement. The emissions inventory will then be compiled on a daily basis and compared to applicable San Diego Air Pollution Control District (APCD) daily emissions thresholds to determine significance. J&S/E will prepare a regional emissions inventory that will include a quantification of mobile source emissions related to project -generated traffic and stationary source emissions related to energy demand (Le., electricity generation and natural gas consumption). This emission inventory will be compiled with an urban emissions model (URBEMIS). IcFJones&Stokes 14 Essentia an ICF International Company city at r' ati-;l,a, city Apo IT: anoS rr)»E4 J&S/E will analyze the degree to which project -related traffic volumes have a potential to effect local CO concentrations using California Department of Transportation CO Hotspot Protocol and APCD recommended methodology. Potential impacts will be evaluated utilizing the CALINE4 dispersion model at up to ten (10) intersection locations for existing conditions and the future scenario with project build -out. A screening -level human health risk assessment (HRA) will also be conducted to assess potential risks caused by proximity to industrial uses and freeway emissions. If the screening analysis demonstrates potential for significant human health impacts, then a detailed HRA will be recommended. A detailed HRA is not included in this scope and budget. J&S/E will also evaluate any existing health risk studies that have been prepared to date by third parties and will incorporate relevant information from such studies into the EIR to the extent that their data, methodology, and findings can be verified by our air quality scientists. Finally, J&S/E staff will conduct a consistency analysis in accordance with the procedures set forth by the San Diego Association of Governments (SANDAG) and the APCD, and develop mitigation measures, where applicable, to address significant air quality impacts. Task 3.3: Noise To identify existing noise -sensitive land uses, the J&S/E team will survey and map noise -sensitive land uses within and near the Westside neighborhood and along potential construction haul routes. We will provide a discussion of local plans, regulations, ordinances, and guidelines that relate to land use/community noise exposure compatibility and community noise level restrictions. Additionally, we will assess land use compatibility for residential and commercial uses described in the Specific Plan based on interior and exterior noise exposure criteria established by the State of California DEH and/or guidelines outlined in the City's General Plan Noise Element. Construction -period noise impacts will be predicted by (1) utilizing published construction equipment noise level data to characterize construction noise sources, and (2) applying industry standard distance attenuation and barrier insertion loss formulas, where applicable, to estimate noise levels at nearby sensitive receiver locations during construction. Construction -period noise levels will then be compared to the ambient noise level at each sensitive receiver location to determine significance. We will evaluate potential mobile -source and stationary -source noise impacts related to the Specific Plan and development of the proposed project. To calibrate the sound prediction model to more accurately reflect local conditions, up to four (4) short (15-minute) noise measurements will be conducted with simultaneous traffic counts along the analyzed roadway segments. Stationary -source noise impacts (e.g., noise from on -site mechanical equipment) will be Jones& Stokes 15 Essent'a mi ICF International Company City of Nwional April 17, 21)0'6 P je 5 evaluated using standard sound -distance attenuation and barrier insertion loss calculation formulas. To the extent reasonable and feasible, mitigation measures will be recommended where significant impacts are identified. Mitigation measures may include performance standards, changes in the design, location or orientation of proposed uses, restrictions in the hours and types of project activities or noise barriers. Task 3.4: Historic Resources Although there is low likelihood that buildings within the Specific Plan area would be eligible for the National Register of Historic Places or the California Register of Historical Resources, a cultural resources survey is recommended. A cultural resources survey for archaeological and historic resources will be conducted by Jones & Stokes certified archaeologists and architectural historians in accordance with CEQA to determine whether any cultural resources are present within the boundaries of the Specific Plan area and whether they will be affected through future proposed project actions. Prior to conducting survey fieldwork, J&S/E will obtain and review records on file at the South Coastal Information Center (SCIC) of the California Historical Resources Information System, request a search of the Native American Heritage Commission sacred lands files, and conduct historical research at appropriate local and regional institutions. Upon receipt and review of this background information, a field survey will be conducted to identify and document any potentially significant cultural resources within the Specific Plan area. The EIR will provide background cultural history for the project area, discuss survey methods, document cultural resources located within the project area, and assess the potential impacts that may occur as a result of proposed actions. J&S/E will assimilate County Assessor's data (to be provided by the City) to list the age of properties within the Specific Plan area. The survey work will allow for creation of a GIS map layer that will identify subareas within the Specific Plan area that share common thematic descriptors such as age, building type, and historic sensitivity. It is also envisioned that the map will identify 5 to 10 especially sensitive or noteworthy structures and include more detailed description of those. Mitigation measures will be included along with a finding of significance after mitigation for any potentially historic structures identified. Together, the tabular data, map, and mitigation measures will allow for streamlined CEQA processing of future development projects within the Specific Plan area. ICFJOok& 16 Essentia an 1Cr Inteanational Company City of Natior4 City April 17, 2008 Page 6 Task 3.5: Biological Resources J&S/E will retain the services of biologist Chris Nordby to perform a wetland delineation of Paradise Creek, perform a search of the California Natural Diversity Database for the project area, and provide a qualitative assessment of the biological sensitivity and habitat value of the remainder of the Specific Plan area. A J&S biologist will supplement the studies where necessary to ensure thorough response to all biological resource questions on the CEQA checklist. Once the biological resources are appropriately identified and mapped, a significance determination will be made regarding the potential effects of Specific Plan implementation on biological resources. The biological study will also address specific potential impacts related to the "ULI Site" and propose mitigations, if necessary, to reduce such impacts. Task 3.6: Hazardous Materials Essentia recently completed an area -wide environmental assessment of the Specific Plan area in support of National City's Brownfield Grant it received from EPA. The City is using the Grant to identify properties with hazardous materials uses or contamination that have significant impacts to the Specific Plan Area. The results of the Grant studies will be used 10 target properties for early redevelopment under the Specific Plan. As part of the area -wide environmental assessment readily available maps, reports, regulatory agency files, aerial photographs, and other environmental information were reviewed for current and historic businesses within the Westside neighborhood. Based on our review, businesses were categorized based on business practices and its potential to release hazardous substances to the environment. Recommendations for completing Phase I Environmental Site Assessments were provided in the area -wide assessment. In addition to completing the area -wide environmental assessment, Essentia is currently preparing site -specific Phase I Environmental Site Assessments (ESA) on 20 properties. These Phase I ESAs are being completed under National City's Brownfield Grant program and are being completed in accordance with the most recent American Society of Testing and Materials (ASTM) standards for conducting a Phase I ESA. Information provided in the Area -Wide Environmental Site Assessment and the Phase I ESAs witl be summarized in the EIR document. The J&S/E team will also evaluate and respond to all questions posed in the Hazardous Materials section of the CEQA checklist and make determinations as to the potential for implementation of the Specific Plan to result in significant impacts with regard to the use, transport, or exposure to hazards and hazardous materials. Mitigation measures will be proposed where such potential for impacts is identified. IcFJones& Stokes 17 Essentla an ICF International Company City of National City April 17. 2008 Page 7 Task 3.7: Utilities The J&S/E team will provide a description of existing utility providers for the City and estimate the future demand of the Specific Plan area for wastewater treatment, potable water, storm water drainage infrastructure, and solid waste disposal. J&S/E will contact each of the service and utility providers to determine their ability to provide service to the proposed project. The demand for services will be established in coordination with City staff and established engineering formulae. Based on the project's demand for each of these utilities and service systems J&S/E will identify whether or not new or physically improved facilities would be required. J&S/E will identify the significance criteria based on the CEQA Guidelines and provide determinations of the significance of project impacts. Statements of impact significance, mitigation measure requirements and significance after mitigation will also be provided. Due to the build -out potential of the project, a Water Supply Assessment is required in accordance with SB 610. Under California law, the water provider would be required to prepare the WSA and provide it to the City for incorporation into the EIR. J&S/E will provide coordination with the Sweetwater Authority and the City to ensure the WSA is prepared appropriately and incorporated into the EIR. Task 3.8: Community Character and Aesthetics The J&S/E team will evaluate impacts related to community character and specifically how the Spec Plan components would be consistent with the existing character or otherwise detract or contrast with the existing character of the community. Analyses would focus at the neighborhood level and work outward to the larger community level of National City. Issues of aesthetics, views, density, building heights and massing, pedestrian scaling, and even landscaping and design elements would all be addressed. Pedestrian and windshield surveys will be conducted to identify existing community character attributes. Photographs will be taken to document the community's Boomtown, Art Deco, and Craftsman character as well as buildings or areas of interest (e.g., St Anthony's Church, Kimball Elementary School, Paradise Creek, etc.). Analysis of the Specific Plan and any detailed project components would then identify the potential for elements that would contrast or detract from the existing character attributes. Where such community character impacts are identified, the J&S/E team will develop mitigation measures to avoid, eliminate, or reduce those impacts. isJones 8� Stokes 1H Essent1A an KF International Company City of Nationai City: April 17, 2008 Page 8 Task 3.9: Cumulative Impacts The J&S/E team will work with City representatives to identify other projects that could result in cumulative impacts. The area to be considered will vary depending on the subject environmental factor. Factors of concern could include traffic, air quality, noise, water quality, and public facilities and infrastructure. In addition, the cumulative analysis will address climate change issues as recently mandated in CEQA analysis by AB32. Task 3.10: Growth Inducement The EIR will address potential growth inducing effects of the Specific Plan. Potential growth issues to be addressed may include recommendations resulting from the Urban Land Institute for the Transportation Oriented Development at the Public Works yard and adjacent trolley station or any public facility improvements proposed as a part of the project such as road improvements and extension of utilities that could induce growth within the area. Task 4: Develop and Analyze Project Alternatives J&S/E will work with the City to identify project alternatives to be evaluated in the EIR. CEQA requires that an EIR analyze a reasonable range of alternatives that would reduce impacts associated with the proposed project, while also meeting the main objectives of the project. This section of the EIR will detail the project alternatives, including those considered but rejected. Each project alternative, including the mandated No Project Alternative, will be evaluated to determine whether it would result in greater or lesser impacts when compared to the proposed project for each environmental topic. The environmental effects of each project alternative will be qualitatively discussed and a summary comparison table of the proposed project and each alternative will be created to allow for an "at a glance" comparison of each alternative. CEQA also requires that the EIR identify an environmentally superior alternative and this summary table will foster that conclusion. Alternatives will also be developed and analyzed for the "ULI Site" project. Task 5: Preparation of Administrative Draft EIR J&S/E will prepare an Administrative Draft EIR (ADEIR) for City staff to review. The ADEIR will include an analysis of the key issues/factors identified in the Initial Study and responses to the NOP. The ADEIR will contain in-depth discussions of each environmental factor and will address existing conditions, impacts, and mitigation measures. The ADEIR, and all associated technical studies and reports, will be prepared to meet all the requirements of CEQA and include all sections required by the City. ICF Jones& Stokes 19 Es $ e ri tia an ICF International Company City of NationnI City Ap',i 17, 200E Page 9 The ADEIR will include an Executive Summary that will provide a project synopsis, summary of significant effects and mitigation measures, alternatives, intended uses of the EIR, and areas of controversy known to the City. This section will be written in a very reader -friendly manner such that it may serve as a "stand alone" document. The Executive Summary will also be translated into Spanish. The summary of significant effects, mitigation measures, and altematives that would reduce or avoid significant effects will be provided in a tabular form. The summary and introduction will also summarize the scope of the EIR and any subsequent environmental review required based on the analysis. It should be noted that Essentia and ICF Jones & Stokes each maintain detailed procedures for ensuring quality control of all environmental documents. These procedures incorporate quality control/quality assurance actions at critical milestones throughout the EIR process. Essentia's President (Mr. Ed Rogan) will be responsible for ensuring the quality of the documents generated during this project. Task 6: Develop Draft EIR and NOA Following City review of the ADEIR, the J&S/E team will prepare a Draft EIR (DEIR) that incorporates City comments. J&S/E will also prepare the Notice of Availability and State Clearing House Notice of Completion and Document Transmittal form. Per your direction, the City will be responsible for printing and mailing the NOA as well as placing the newspaper advertisement to notify community members and interested stakeholders of the 45-day availability of the Draft EIR review and comment. Per your direction, J&S/E has assumed printing of up to 20 copies of the Draft EIR and 10 copies of the Final EIR (or some combination thereof — a total printing budget of $5,000 is included in our cost). Task 7: EIR Public Review Process Subsequent to the end of the 45-day public review period of the DEIR, and the receipt of all public comments, the J&S/E team will formulate responses to comments. Because the nature and extent of public comments is unpredictable, for purposes of this scope and cost, J&S/E has assumed that up to 50 comments requiring individual responses will be received. Additional costs to respond to extensive comments or those raising legal challenges or requiring additional technical analysis will be evaluated at the end of the public review period. These will then be submitted to City staff for review. It should be noted that in the event that any legal challenges should arise, we have included Opper and Varco on our project team. Opper and Varco is familiar with the Westside Specific Plan as well as many of the environmental studies that have been conducted within the Specific ICFj0 nes & Stokes 20 Es s e n,t i a an ICF Inlwnational Company City of Natlona' iffy April 17. 200R Page 10 Plan area. This familiarity will give Opper and Varco a running start in the event that the EIR is challenged or threatened to be challenged. Costs for legal review and consultation from Opper and Varco are not included in this scope. Task 8: Preparation of Final EIR, MMRP and Findings of Fact Final revisions will be made to the Draft EIR as required by the information received during the public comment period and City on the preliminary Final EIR. A list of all individuals, groups, and agencies commenting on the Draft EIR will be included as part of an introduction to the comments received and the prepared responses. All comment letters and responses will be included in the Final EIR. This task also includes preparation of a Mitigation Monitoring and Reporting Program and drafting of candidate Findings of Fact and Statement of Overriding Considerations (if necessary). J&S/E will incorporate City comments once staff has reviewed these documents and produce the necessary final documents for inclusion in the public record and Planning Commission and City Council packages. Once the Final EIR has been certified, the J&SIE team will prepare a Notice of Determination to be filed with the County Clerk's office within five working days. Per your direction, our scope does not include the mandated California Department of Fish & Game filing fee, which as of January 2008 is $2,606.75 for an EIR. Task 9: Project Coordination/Meetings/Hearings for CEQA document As Project Managers, Bob Stark and Daryl Hernandez will be responsible for the coordination of project deliverables. Bob and Daryl will be the primary points of contact for the City and will coordinate with the City regarding project schedule, deliverables and invoicing. Bob and Daryl will attend all necessary meetings including but not limited to: Kick-off meeting (1) with City Staff i Public scoping meeting (1) • Meetings (2) with staff to discuss issues regarding the preparation of the ADEIR • Meeting (1) with staff to review comments on the DEIR • Meetings (2) with staff to review responses to public comments and the Final Draft ■ Public hearings (2) with presentations as necessary as determined by City staff for Planning Commission and City Council. Costs associated with this task also incorporate preparation time for public meetings, as well as time for conference calls with City staff as needed. ICFJones & Stokes 21 Es s e ti a an ICF International Company EXHIBIT B Table 1. Cost Estimate for National City Westslde Specific Plan EIR Taa6 •43M715 MM MI}... saeni W' 'R E..yne w'9e 5.anR ^a , Ce'n& Coto :e.A'il. (Ellem a) as<f 4.f!n Serene 1. raa04,a ICs le At) .ad!'5-0:nl 5'.50a CIR e. ry. nn:rclw�• UYeFaa •3,3 6:leH i.Y1 Ort.♦7,h' �: 21M..M �lfb' GU hl'0C' il•.'.�el:i MM '1!P• ♦ •i5'K. ..M1 ...a • • ..............:.....................:...........:...........44 W-�ep ......... jf'C 6 2,: 12 :340 :o ;suites va,k a^d G .Sy e 4011104a4<'vn 0IT::In' :re;u }-d 0 a-.1q 110:C Jn:4/'.1!I�}Cp FJ PMTyI(e• IC• • 2 : J91Rn e'a G•.OY Se,.-mar9 OW: WV G:.,a-en:q Bo:;o Relo.rzol a: 2. 2 a0 20 4: 2a 2 4a: w0 "kW 4 C. E4R P.lpn"on 21WESSMS$nl4+ pawx11% o^en,*666 o' 4m-01e fs,ts,anr anal ER 100111IPP pntearrio .. la1 W T11 on. 101B6, a' 4a,aw10:n341501I N1MEa d race am 09.1. ,,10.1r.eln5tn%a10m11,. .40.11.0p. rcto 41Y'11M Ynigf!fir fq:SU!ra... ... rn..:v,.lg•,. ....... .. .aat101 H+"atm a,. 36: 40 .4: s0 0. ' 8 32 sl-20 M1: 530con1.00' P:«0S'on5:16 5:4^a- 1'erslemn I,3acroa Ors e.e ♦dnn : s. d•,n l'.: .:..m.p r<"na' ga:+Y.a Sr., '3, ' a y..a 00 I W .................... Si � '0 SS C10 51310 SE,00 F„ 4= S: F1#S" 314,;• e, ya le: 15 S., N 7a% So YS Sf% Sip p: 3151J; F44>> So I4 10 :a '.Mep:innses'na•1 :6C IA2!e m5 00. y 0e'u e. SW,1105 S45 1,Son kohl. Yti% Sn ••: 331 l50 SAm: :fell 53030.36 023'5 Re::a:u:I:n 11 µme i:':la cup al 021,50 pa,1 SC. and TTI'p d.8"„ 0,3,i .13 04 pe Ra411'a Se` wen .230E slsed Au:a. MC V......l:u-en: IRs We 50L:'1e: .22 os hmvl aM %Kant 04 :M/4RMe0 RKye, 5ir:,' /10.9 an a, 001.e:42049 KOV1nos-se.a 'OK 3,0 eielst a'JDael 1' 960 S' 520 4• s:o Si S21Z: Si 5232'I Si F;. 19. Su 4 r s4 f0 so 36000 p:a: 10 S5 04Q t4 t4 l0 I......a0.........I? to S' T7o 14 Sa 010 32 970 IS 0 Sf }10 3eav1 Id So S3.5.-: I. S4s, U NAO......f.7a:4..i a0' woo SIIW,I F;....._I4.43. 3: S: 60 1C 3: .................. SC a. So 2: 30 12 30 10 6: 5, 3.25 313• E'12 3115 52.! 3211 S13::3 16: i'�.,J 5:224 12, }�?13 '.0:0 IS01, le200 SS a0:e 1e10, S6 NC 1 - f5S} 0ser+'11 al 231, 310x 5101V,0 S. S0 12 N: 2a !SS 51C:e 5'-:00 302p2•31e!6; 16 0l (u>v_ e04 ..T".I t21{` .. f'ew +'390 to 1•'. Se: ra• CO2 318. ta! 69r SSe IcFJones& Stokes an ICf International Company EXHIBIT C Project Schedule E s s e n t i a A proposed project schedule is provided in Figure 2. It is estimated that the EIR can be completed within approximately 47 weeks. Figure 2. Proposed Project Schedule L.D. 1 2 3 4 5 6 7 8 9 10 11 12 13 ACTIVfTIE Itickoil Meeting NOP 8 Project Description 30-Day Public Review Public Sewing M*g Technical Studies Prepare ADLJR City Review ADE1R Prepare DER 45-Day Pudic Review Respond to Cmts City Review Prepare fEJR Certification OUR. tw WEEKS 112 314 5 617 8 9 OM 30d id 18 w 6w 3w 3w 45 d 3w 2w 6w 1w 10 11 12113 14 15 19 20121 22123 24125126 2712e 29 30131132133 34 35 36I 37 36139140141142 43144 451147 11 , , , , , , , , , , , t 977S 803lnesspark AVMue, Sure 700 San 11,4,90, CA 92131 - 858. / 89ba 4.--. 853 S/805/3 la. �- Kri.mm Iwwsmdstokes.<om ACORD. PRODUCER Aon Risk Services Northeast, Inc. fka Aon Risk Services, Inc. of New York 199 Water Street New York NY 10038-3551 PHONE - (212) 441-1000 FAX - (212) 441-1953 INSURED Jones & Stokes Associates, Inc. 9300 Lee Highway Fairfax VA 22031-1207 USA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A COMPANY B Federal Insurance Company Steadfast Insurance Company COMPANY C COWANY D THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY 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. TYPE OF INSLIRANCIC A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE UARLITY ANY AUTO A EXCESS UABLRY T. UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARC: Misr F60 Clog P01.1CY NUMBER 35812409 Package - Domestic 73522955 Automobile - All States 9363-00-18 umbrella liability PEC 913140700 Errors & Omissions POLICY P.FFEC7TVE DATE (MM/DD/ri) 06/25/07 06/25/07 06/25/07 06/25/07 rower EXPIRATION DATE (MM/DDfYY) 06/25/08 06/25/08 06/25/08 GENERAL AGGREGATE PRODUCTS - COMP/OP AGO PERSONAL & ADV INJURY EACH OCCURRENCE FIRE DAMAGE/Any one fire) MED DIP (My coo parson) COMBINED SINGLE LMIT BODILY INJURY ( Per person) BODILY INJURY (Per occident) PROPERTY DAMAGE AUTO ONLY EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EACH OCCURRENCE AGGREGATE Retained Limit Moon WC STATU- OTII DORY IMIT' EL EACH ACCIDENT EL DISEASE -POLICY LIMIT EL DISEASEEAEMPLOYEE 06/25/08 Prof Oat( Agg - A11 Overall poliry aggre S1,000,000 51,000, 51,000, DESCRIPTION OF O►ERATIONS/LOCATIONSNEHICLESISPECML ITEMS Project: Westside Spec Plan EIR The City of National City, its officers and employees shall be named as Additional Insured for General Liability city of National City 1243 National city Blvd. Attn: Peggy Chapin National City CA 91950-4301 USA 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 10 MAIL SUCH NOTICE SHALL IMPOSE NO 0800*T10N OR LIABILITY OF ANY ION UPON THE COMPANY. nS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATNE 8 d a ry Certificate No: 5 Attachment to ACORD Certlflcate for Jones & Stokes Associates, Inc. The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURED )ones & Stokes Associates, Inc. 9300 Lee Highway rairfax VA 22031-1207 USA ADDITIONAL POLICIES COMPANY COMPANY COMPANY COMPANY COMPANY If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. Lilt TYPE OF ONSTIRANLE POLICY MAWR POLICY DESCRIPflUN rOLICY POLICY EXPIRATION DATE LIMITS EFFECTIVE DATE DESCRPTNNI OP OPERATIONS LOCATIONSM I CLEMPECW. nEMS and Automobile Liability. The captioned coverage is primary to and non-contributory with any applicable coverage held by the Additional Insured(s). Certificate No: 570028131603 Liability Insurance Endorsement Policy Period JUNE 25. 2007 TO RUNE 25, 2(K08 Effective Date R INE 25, 2007 Policy Number 3581-24-09 I TO Insured ICF INTERNATIONAL INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued JULY 12.2007 This Endorsement applies to the following forms: GENERAL LIABILITY Who Is An Insured Scheduled Person Or Organization Under Who Is An Insured, the following provision is added: Subject to all of the terms and conditions of this insurance. any person or organization shown in the Schedule, acting pursuant to a written contract or agreement between you and such person or organization, is an insured; but they are insureds only with respect to liability arising out of your operations, or your premises, if you are obligated, pursuant to such contract or agreement. to provide them with such insurance as is afforded by this policy. However, no such person or organization is an insured with respect to any: assumption of liability by them in a contractor agreement. This limitation does not apply to the liability for damages for injury or damage, to which this insurance applies, that the person nr organization would have in the absence of such contract or agreement. damages arising out of their sole negligence. URNMy Insurance Schedule ANY PERSON OR ORGANIZATION AS REQUIRED BY INSURED CONTRACT Adefiional Insured - Scheduled Parson Or Orysrriration confvwsd Farm 60.02-2367 (Rev. 8-04) C,rdorr,.rnent Pays 1 Liability Endorsement (continued) All other terns and conditions remain unchanged. Authorized Representative ga-7(1.4„ Liability Insurance A khbonel Insured - Scheduled Person Or Orgy ton fat page Form 8002-2367 (Rev. 8-0.1) Endorsement Page 2 Liability Insurance Endorsement Policy Period Elbe Dote Policy Number Insured Name of Company Date Issued This Endorsement applies to the following forms: GENERAL LIABIUTY Conditions Other Insurance — Pranary Additional Insured Lie* Insurance June 25, 2007 to June 25, 2008 June 25, 2007 3581-24-09 DTO ICF International, Inc. Federal Insurance Company July 12, 2007 iiitt xsie=wattftec:wcaeravaxamspassaanaFivomcsiienrafa ss Under Condition. the following condition Is added: If you agree, in a written contract, agreement or permit, to pr, vide prinmry insurance for any person or organization included in Who Is An Insured. this Other insurance — Primary Additional Insured condition applies. Bother valid and collectible insurance is available to the brutred for loss we would otherwise cover undo this insurance, our obligations are limited as folk,ws. Primary Insurance Tbl.r insurance is primary. We will not seek contributions from any other insurance available to the person cn organization with whom you agree to include in Who Is An Inaored, except when the Excess Insurance provision applies. Excess Insurance This insurance is excess over any other insurance, whether primary. excess, contingent or nn any other basis A. that is Fire, Extended Coverage, Builder's Risk. Inslallark n Risk or similar insurance for your work; Other nuisance—Fri/my Additional Insured continuo Form 8 Q2-2153 (Ed.+rotJ Endo -samara Pape r Conditions Miler insurance — B. that is insurance Mai applies to property damage to premises rented to you or Icrnpc vily Primary Additional occupied by you with permission oldie owner; Insured C. if the loss artstx out of aircraft, miles or watercraft (to the extent not subject to the Aircraft, (mJ9q Autos Or Watercraft exclusion): D. that is insurance: 1. provided to you by any person or organization working under contract or agreement for you; or 2. under which you are included as an insured; or E. that is insurance under any Property section of this policy. Wben this insurance is excess. we will have no duty to defend the insured against any suit if any other insurer has a duty to defend such insi red against such sae If no other insurer defends, we will urxiertakc to do so, but we will be entitled to the insttred's rights against MI those other insurers. t.iebelly Insurance When this insurance is excess over other insurance, we will pay only our shaft of the amount of loss, if any, that exceeds the sum of the total: • amount that all other insurance would pay for loss in the alneoce of this insurance; and • of all deductible and self -insured amounts under all other insurance. We will share the remaining loss, if any, witb any other insurance that is not described in this Excess hasurance provision and was nut negotiated specifically to apply in excess of the limits Of Insurance shown in the Declarations of this insurance Method of Sharing If all of the other insurance permits contribution by equal shares. we will follow this method also. Under this method each insurer contributes equal anxemrs until 11 has paid its applicable limits of insurance or none of the ions remains. whichever sums first. If any of the odder insurance dues not permit contribution by equal shams, we will contribute by Knits. Under this method. each insurer's share is based on the ratio of its applicable bruits of insurance to the total applicable limits of insurance of all insurers. All other terms and conditions remain unchanged. Authorized Aepmeorwathve At7(1.4, otherinsusnae — Prior n' Adridonai fnsu rd last page Farm 0602-2061(Ed 4-01) Endareemertt Pog42 POLICY NUMBER (OT)7262•2.66 COMMERCIAL AUTO CA2O4a02SE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies Insurance provided under the tollovrkng: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE NORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement Identifies person(s) or organtzalion(s) who are Insureds" under the Vltho Is An Insured Provision at the Coverage Form. This endorsement does not after coverage provided in the Coverage Form. This endorsement changes the policy effective on the ktceptIcn date ri the poky unless another dale is indicated below, Endorsement Motive: 6-25 07 Named Insured: ICF International Inc., etal SCHEDULE Name of Persons) or Orgerecallcm(s): "Any person or organization as required by an insured contract" (ft no entry appears above. Information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement) Each person or organization shown In the Schedule is an insured' for Liability Coverage, but only to the extent thee person or organisation quelltes ea en insured" under the who Is An Insured Provision contained in Section a or She Coverage Form. CA TO 40 0299 Copyright, Insurance Services (Moe, Ino., 1998 Pep 1 of 1 CI 37, this certificate is executed by Liberty Mutual Insurance Group as respects such insurance as is afforded by thou companies. R%10068 Certificate of Insurance This nortifrat is issued as a matter of information only and confers on rights upon der «infante holder. This certificate is not an msusnco policy and does nN affirmatively or negatively amend, extend, Of alter the coverage offended by the policies listed below. Policy limits ate no less than those listed, although polices may include additional soblimits not listed below. Policy limits may be reduced by claims or other payments. This is to certify that (Name and address of Insured) JONES & STOKES ASSOCIATES, INC. 9300 LEE HIGHWAY FAIRFAX, VA 22031 Liberty Mutualra is, at the issue date of this conflate. insured by the Company under the pohcy(ies) listed below. The Mara a afforded by the listed policy(ies) is subject es a0 their items, exclusions and conditions and is not aliened by any nequitemen4 term a condition of airy contract or other document with respect to which this certificate nay be issued Expiration Type Continuous' Extended X Policy Tenn Workers Compensation EffJExp. Date(s) 06n3n007/06rz5n0o8 Polley Number(s) WC5-13I-508381-017 Limits of Liability Coverage afforded under WC law of the following stales: Employers Liability All States Except Moo t:ohmic Sales Bodily Injury By Acddent $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Person General Liability Claims Made Occurrence Retro Date General Aggregate -Other than Prod/Compkted Operations Products/Completed Operations Aggregate Bodily Injury and Property Damage Liability Per Occurrence Personal and Advertising Injury Other Liability Other Liability Per Person / Organization Automobile Liability Owned Non -Owned Hired Each Accident - Single Limit - B. I. and P. D. Combined Each Person Each Accident or Occurrence Each Accident or Occurrence C O M M N T S W estside Spec Plan EIR; WAIVER OF SUBROGATION IN FAVOR OF THE CffY OF NATIONAL CITY. IMPORTANT If the cettificate bolder is an ADDmONAL INSURED, the policy ies) mint tc cal rsed A statement on Wit certificate don rot confer rigaa to the certificate bolder is be of web eodwsemeal(r). If SUBROGATION LS WAIVED. subject Is ifs forms and condign. of We policy. mere policies may require en endors,ea. A mammas no drier cautate does not confer righn to the ecrtill sae holds m xeo ofsad cad mmorms. The following applies may with ,erpeet lo imaawwce for mow minims ,eium,ed o Florida: As provided for is ill Sae 1320.020Sxe), the Weed masamoe policy may nor be aacelkd on less than 30 days written notice by Me Winer to the Department of N.y Safety & Meer VWMta, sorb 30 days nuke to commata from die coda is ,tedvd by tins Department Notice of camel.00a: led applicable mks, a num.a of days b entered below). Btdore the stated aptanoo date the company will not argil or Induce the imaama dHoded wider the above policies until m Ian 30 days Mies of sera ancellaem ha been mead to: Office: RICHMOND, VA Phone. 804-270-5441 Certificate Holder. Peggy Chapin City of National City 1243 National City Blvd National City„ CA 91950-4301 CAROLYN VARNIER Authorized Representative Date Issued: 04/24/2008 Prepared By: CV 2 i CITY OF NATIONAL CITY, CALIFORNIA CITY COUNCIL AGENDA STATEMENT MEETING DATE May 6, 2008 AGENDA ITEM NO. 12 ITEM TITLE Resolution Adopting an EIR Addendum, Approving an Amendment to the Downtown Specific Plan to Exclude Accessory Parking Floor Area from the Calculation of Floor Area Ratio and to Reduce the Standard Parking Stall Width for Residential Uses, and Authorizing the Filing of a Notice of Determination (Applicant: City initiated)(Case File No.: 2007-26 SP, IS.) PREPARED BY Raymond Pe 336-4421 DEPARTMENT Planning EXPLANATION The City Council voted (4-1) to approve this Specific Plan Amendment at the April 15, 2008 continued public hearing. The attached resolution is needed to follow through on Council's action. ENVIRONMENTAL REVIEW Not applicable. FINANCIAL STATEMENT Not applicable. Account No. STAFF RECOMMENDATION Staff recommends adoption of the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS Resolution No . Resolution A-200 (9/80) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN ENVIRONMENTAL IMPACT REPORT ADDENDUM, APPROVING AN AMENDMENT TO THE DOWNTOWN SPECIFIC PLAN TO EXCLUDE ACCESSORY PARKING FLOOR AREA FROM THE CALCULATION OF FLOOR AREA RATIO AND TO REDUCE THE STANDARD PARKING STALL WIDTH FOR RESIDENTIAL USES, AND AUTHORIZING THE FILING OF A NOTICE OF DETERMINATION APPLICANT: CITY INITIATED CASE FILE NO. 2007-26 SP, IS WHEREAS, the City Council at its meeting of February 1, 2005, adopted Resolution No. 2005-18 pursuant to California Government Code Section 65450 (et. seq.) adopting the Downtown Specific Plan; and WHEREAS, proceedings were initiated for an amendment of the Specific Plan in accordance with procedures of the National City Land Use Code; and WHEREAS, the Planning Commission considered a Specific Plan Amendment application for the plan area at a duly advertised public hearing held on March 3, 2008, at which time oral and documentary evidence was presented; and WHEREAS, on March 3, 2008, the Planning Commission did consider the proposed Environmental Impact Report ("EIR") Addendum No. 2007-26 IS together with comments received during the public review process and all evidence and testimony presented at the public hearing; and WHEREAS, on March 17, 2008, the Planning Commission adopted Resolution No. 4-2008 recommending approval of the Specific Plan Amendment to exclude accessory parking floor area from the calculation of floor area ratio, and WHEREAS, the Planning Commission adopted Resolution No. 5-2008 on March 17, 2008, recommending denial of the Specific Plan Amendment to reduce the standard parking stall width, and WHEREAS, the City Council considered a Specific Plan Amendment application for the plan area at duly advertised public hearings held on April 1, 2008, and continued to the meeting of April 15, 2008, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearings the City Council considered Planning Commission Resolutions No. 4-2008 and No. 5-2008, the proposed Specific Plan Amendment, and the staff report contained in Case File No. 2007-26 SP, IS which is maintained by the City and incorporated herein by reference, along with the evidence and testimony at said hearings; and WHEREAS, at said public hearings the City Council modified the proposed Specific Plan Amendment to reduce the standard parking stall width for residential uses only; and Resolution No. 2008 — May 6, 2008 Page 2 WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the City Council recognizes the need and desirability to provide specific guidance for implementation of the General Plan; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented at the public hearings support the following findings: FINDINGS FOR APPROVAL OF AN AMENDMENT TO THE DOWNTOWN SPECIFIC PLAN 1. That the proposed specific plan amendment is consistent with the General Plan, which encourages the adoption of a specific plan for the redevelopment and revitalization of the downtown. The proposed amendment would further the attainment of the goals and objectives of the specific plan through revised land development policies. The proposed development standards would advance the implementation of the plan by allowing more flexibility in building and site design to increase development feasibility in the plan area. 2. That the General Plan encourages less restrictive development standards within a specific plan for the downtown to encourage and facilitate more intensive development relative to the other areas of the City. FINDINGS FOR APPROVAL OF A PROGRAM EIR ADDENDUM 1. That the Program EIR Addendum No. 2007-26 IS has been read and considered together with the• Program EIR and any comments received during the public review process; and 2. That based on the whole record including the Initial Study, there is no substantial evidence that the amendment will have a significant effect on the environment and that the Program EIR Addendum reflects the City's independent judgment and analysis; and 3. That pursuant to CEQA Section 15164, no Subsequent or Supplemental EIR is needed for this project due to the proposed amendment since there would be no substantial changes to the project or its circumstances that would result in new significant impacts or a substantial increase in the severity of previously identified impacts; and 4. That there is no new information showing that the project will have significant effects not discussed in the Program EIR, that significant effects previously examined will be substantially more severe than shown in the Program EIR, that there are mitigation measures or alternatives previously found to be infeasible that are in fact feasible, or that different mitigation measures than those previously identified would substantially reduce significant impacts; and Resolution No. 2008 — May 6, 2008 Page 3 5. That the Initial Study demonstrates that there is no potential for new significant impacts or for a substantial increase in the severity of impacts identified in the Program EIR, and since the character and circumstances of the project would be unchanged, the discussions on land use/planning, geology/soils, traffic/circulation, aesthetics, noise, air quality, hazards/hazardous materials, population/housing, cultural resources, water services, police protection, fire protection, school facilities, sewage services, and recreation in the Program EIR are still relevant and need not be re-examined. BE IT FURTHER RESOLVED that the City Council has considered the proposed Program EIR Addendum No. 2007-26 IS 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 proposed Program EIR Addendum reflects the City's independent judgment and analysis, and hereby approves the Program EIR Addendum, and authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that the City Council adopts Specific Plan Amendment 2007-26 SP, IS to amend Table 6 Development Zone Standards of Chapter IV Land Use Regulations and Development Standards of the Downtown Specific Plan by adding the following footnote: "4The calculation of Floor Area Ratio shall exclude floor area used for accessory parking, including stalls, aisles, driveways, ramps, loading areas, access routes, and lobbies, stairways, elevators, utilities, storage areas, and related areas serving parking floor areas." and Table 5 Parking Requirements of Chapter VI Urban Design Guidelines of the Downtown Specific Plan by adding the following footnote: "�The minimum width of a standard size car stall shall be reduced by 1-foot for required parking for residential uses within the Downtown Specific Plan." PASSED and ADOPTED this 6th day of May, 2008. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT .MEETING DATE May 06,2008 AGENDA ITEM NO. 13 ITEM_TITLE Resolution of the City of National City Council authorizing the Mayor to execute\ agreement with PBS&J in the amount of $45,867 to provide sewer hill/tax roll administration and financial services for Fiscal Year 2008-09 (Sewer Service Fee funded). PREPARED BY Joe Smith, Direct (Ext. 4587 EXPLANATION See Attached. r DEPARTMENT Public Works Environmental Review NI N/A Financial Statement See Attached. Approved By: Account No. inance Director STAFF RECOMMENDATION Adopt the Resolution authorizing the Mayor to enter into the agreement. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Agreement 3. PBS&J Company Overview A-200 (9/99) May 06, 2008 Explanation On June 17, 2003 the City Council, by resolution number 2003-88 approved an agreement with PBS&J to create a database that was used to transfer the collection of sewer service lees to the County of San Diego Tax Rolls. This resolution and agreement will provide similar Sewer Bill/Tax Roll Administration and financial services for Fiscal year 2008-2009. The cost to provide these services shall not exceed the contract amount, of $45,867 without prior written approval from the City. This agreement will provide continued assistance with annual administration of our sewer service billing. This will include the updating of any changes that may have occurred to the customer database. These changes will be matched with the Sweetwater Authority's water accounts as well as the County Assessor's information and the associated charges from these changes will be applied. PBS&J will then prepare a list of these changes for Council approval subsequent to a public hearing. Once approved, a sewer billing data tape will be provided to the County Assessor's office. This agreement will also include database review, tracking reports and other services required to match Sweetwater Authority's meter data, County Assessor information and/or National City's records. In addition, PBS&J will response to customer phone calls, written inquiries and assist staff to respond to billing questions. Financial Statement The Contract is for $45,867 for Sewer Tax Roll Administration. The details of the scope of services are outlined in Attachment "A". The fees and conditions are outlined in Attachment "B". Sufficient funds to cover this fee are available in the Wastewater Division's sewer service fee fund, account number 125-422-222-299 RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PBS&J IN THE AMOUNT OF $45,867 TO PROVIDE SEWER BILLING/TAX ROLL PREPARATION AND ADMINISTRATIVE SERVICES FOR FISCAL YEAR 2007-2008 WHEREAS, the City desires to employ a consultant to provide sewer billing/tax roll preparation and administration services for Fiscal Year 2008-2009; and WHEREAS, the City has determined that PBS&J is a professional consulting firm and is qualified by experience and ability to perform the services desired by the City, and PBS&J is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with PBS&J in the amount of $45,867 to provide sewer billing/tax roll preparation and administration services for Fiscal Year 2007-2008. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of May, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney PBSI. An employee -owned company April 1, 2008 Mr. Joe H. A, Smith Director of Public Works City of National City 1243 National City Blvd. National City, CA 91950-4301 SUBJECT: PROPOSAL TO PROVIDE FINANCIAL SERVICES FOR THE CITY OF NATIONAL CITY FOR TAX ROLL ADMINISTRATION FISCAL YEAR ENDING 2009 Dear Mr. Smith: In response to your request, PBS&J is pleased to submit this proposal to the City of National City (City) for financial services for the Tax Roll Administration for Annual Sewer Service Charges for Fiscal Year Ending 2009. It is our understanding that the City desires continued assistance with the annual administration of their sewer service charges billed on the property tax bills. As part of this administration, there is ongoing customer service required for commercial property owners who request detailed breakdowns of sewer charges as they relate to multiple water meters that fall within their properties. The number of calls remains steady throughout the year, which begins in September when the property bills are first sent out by the County to the property owners, then continue throughout the year as property owners review their charges. The City's Public Works staff initially handles phone calls and if additional research or explanation is required, the calls are forwarded to our team to follow up on. Based on last year's calls and the number of calls already received since September, we anticipate approximately 30 phone calls, which typically require research and preparation of a letter or fax. The tax roll administration for each fiscal year begins in January with coordination with Sweetwater Authority to update the annual water consumption data. In June, current parcel information from the County and business license data and building permits data from the City are used to update the sewer customer database. The charges are prepared for adoption by the City Council in late July of each year and are then placed on the tax roll. In addition to the tax roll administration, properties, such as schools and state and federal governments that do not pay property taxes, require a direct bill to be mailed out for the collection of sewer charges. We prepare these letters annually. 9276 Sky Park Court, Suite 200 • San Diego, California 92123 • Telephone: 858.874.1810 • Fat 858.514.1001 • www.pbeico n Mr. Joe 11. A. Smith Tax Roll Administration April 1, 2008 Page 2 of 2 Our proposed Scope of Services is outlined in Attachment "A" and Fees and Conditions are outlined in Attachment `B." It should be noted that the only change in the Fees is for an adjustment to PBS&J 2008 billing rates. The level of effort remains the same as it has for the past year. We appreciate the opportunity of offering this proposal, and we look forward to working with you on this project. If you have any questions, please call our Project Manager, Karyn Keese at (858) 514-1008 or me at (760) 753-1120. Respectfully submitted, Ernesto Aguilar Associate Vice President, PBS&J An employee -owned company April 1, 2008 Mr. Joe H. A, Smith Acting Director of Public Works City of National City 1243 National City Blvd. National City, CA 91950-4301 PBS&J Company Overview PBS&J is a multi -service consulting engineering firm organized into technical divisions that integrate comprehensive environmental, civil, and transportation engineering; environmental sciences; architecture; construction management; and information technologies. PBS&J is one of only a few large, employee -owned engineering firms, that is consistently ranked among the top ten percent of design firms in the nation. Established 45 years ago, PBS&J has nearly 3,900 employees in 75 offices throughout the United States and abroad. We are currently ranked 21st by Engineering News Record, 3rd in pure design. Our Southern California staff includes more than 200 full-time employees in our San Diego, Encinitas, Orange, Riverside, and Los Angeles offices. Our local staff members are skilled in a wide range of disciplines, including specialties that include water and wastewater engineering, civil and structural engineering, transportation, planning, surveying, and financial management services for various public works projects for city, county, state, and federal agencies. At PBS&J our vision is to be recognized as the consultant of choice through sincere commitment to client service. We consistently offer services that are backed by the resources of a large national organization combined with the dedication to personal service often found from a small local firm. PBS&J 175 Calle Magdalena Encinitas CA 92024 Ph: 760.753.1120 Fax: 760.753.0730 9275 Sky Park Court, Suite 200 • San Diego, California 92123 • Telephone: 858-874-1810 • Fax: 878-514-1008 • www.pbsJ.com 3 Karyn L. Keese National Financial Services Manager PBS&J Education B.S., Business Management and Accounting, University of Virginia, 1972 Professional Affiliations Government Finance Officers Association American Public Works Association AMSA California Society of Municipal Finance Officers Karyn Keese has more than 20 years of expertise in public finance and management in both the public and private sectors. She has extensive experience in long range financial plans and cost -of -service studies, operating and capital budget systems, grants management, intergovernmental relations and institutional and market analysis for water, wastewater, and storm water utilities. Ms. Keese has completed over 500 financial and management plans for public utilities. In addition to the varied financial and management projects she has completed, Ms. Keese has more than 10 years of public fmance experience as the Finance Manager of two major California regional wastewater facilities, the Encina Water Pollution Control Facilities in Carlsbad and the Monterey Regional Water Pollution Control Agency (MRWPCA). She has applied for and successfully managed over $500 million of EPA/State Clean Water Grants, and developed and negotiated both capital and operations utilities contracts with the military. Ms. Keese has also been involved with the privatization and the implementation of private/public joint venture projects for sewer and water agencies. She was responsible for human resources and union negotiations. Ms. Keese was also responsible for budget development, negotiations, and financial management for 10 wastewater plants on a national basis. Ms. Keese's background also includes representing public agencies at public hearings and meetings with local, state and federal officials. Ms. Keese has prepared testimony for public hearings to provide revenue requirements for public agencies. She has addressed national and state conferences on issues ranging from water reclamation to creative financing techniques. Ms. Keese currently sits on the O&M Committee of the City of San Diego Public Utilities Advisory Commission (PUAC). The PUAC is an appointed advisory body by the City of San Diego City Council to perform in depth review of issues surrounding the City's water, wastewater, and storm water enterprises. She has recently completed an in-depth review of cost of service studies prepared by a third party engineering firm to support revision in both the water and sewer user and capital fees. These studies were highly political and were successfully adopted by the City Council in June 2004. Ms. Keese's "Capital Facilities Finance Plan For The MRWPCA," which utilized multiple financing techniques including refunding and grant anticipation notes, was chosen for presentation to many national conferences. In addition, she has assisted in the presentation of seminars on varied topics of utility rate setting and municipal finance, such as Long -Range Financial Planning for Public Agencies, through the UCLA Extension Public Policy Program and the Special Districts Association. She is currently serving as a member of the City of San Diego Sewer Cost of Service Stakeholders Group and financial advisor to the San Diego Metro Wastewater JPA. Ms. Keese performs a wide variety of financial services for public agencies. Her studies show the diversity of PBS&J's Financial Services Practice. Following is a sample of Ms. Keese's recent direct experience. A matrix of all studies Karyn L. Keese National Financial Services Manager prepared for public agencies in the last 10 years is included behind her resume. Water and Wastewater Utility Rate Studies and Long Range Planning: Blue Plains Valuation Study, Washington, D.0 - Ms. Keese is the Project Manager for the valuation of the largest advanced wastewater treatment plant in the world (370 MGD) using several different valuation methods. The study values capacity rights in a treatment plant shared by several users. Valuation methodologies include original cost, reproduction cost, discounted cash flow analysis, and market comparables. A flexible user friendly model is being constructed that will allow for ease in changes to the asset database and update of indices on an annual basis Sewer User Rate Study, Julian and Pine Valley Sanitation Districts', CA - Ms. Keese is the Project Manager on a Study to update the sewer user rates for these two communities in rural San Diego County. Included in this study arc the preparations of long range plans and reserve policies for each District. Annual Capacity Fee Update , Eastern Municipal Water District, Perris, CA -- PBS&J has been selected to annually update Eastern MWD's water, wastewater, and recycled water capacity buy -in fees. Eastern is a rapidly growing Riverside County water and wastewater District averaging 15,000 new customers per year. This is a multi -year contract. Financial Roadmap, Western Municipal Water District, Riverside, CA - Across I-215 from F,astem Municipal Water District is Western Municipal Water District. PBS&J has been selected to perform multiple financial as needed services for this rapidly growing area in Western Riverside County. Task Order No. 1 is to prepare a Financial Roadmap for the District's water, wastewater, and reclaimed water utilities. The purpose of this Roadmap is to determine how all financial revenue streams can best be integrated with master planning and organizational development. The Roadmap will provide the District with a Strategic Long -Range Financial Plan. Restructuring of Commercial and Industrial Wastewater Rates, City of Anaheim, CA - The City of Anaheim is the 59'h largest City in the nation with approximately 350,000. It is also home to a diverse group of commercial and industrial users which includes special users such as Disneyland. The City has selected PBS&J to prepare a cost of service study for their Wastewater Collection and Disposal Maintenance Fee, provide viable alternatives for commercial and industrial rate restructuring, and assist with public outreach and implementation of the chosen rate structure. Preparation of a Sanitary Rate Study, Lemon Grove Sanitation District, City of Lemon Grove, CA - Ms. Keese is the Project Manager on a study to prepare a five year wastewater rate case and capital financing plan. Of particular concerns to the District are the outcomes of a new transportation agreement with the City of San Diego, the looming potential for the requirement for the Point Loma WWTP's conversion from advanced primary to secondary treatment, and the output from the District's collection system master plan. Drinking Water and Aquifer Protection Permit Fee Studies, Arizona Department of Environmental Quality (ADEQ), AZ - Ms. Keese is currently the project manager for the update of the State of Arizona's Drinking Water Karyn L. Keese National Financial Services Manager Permit Fee Study. In addition to the Drinking Water Permit Fee the State desires to create an Aquifer Protection Permit Fee. The process for establishing these fees is similar. The goal is to establish full cost recovery fees for both departments that include all applicable billable and non -billable salary costs, and direct and indirect operating costs. Water and Sewer User Fee Study, City of Seabrook, TX — Ms. Keen prepared a water and sewer user fee study for the City of Seabrook. The focus of this study was to update the cost of service. The City is facing significant capital project costs over the next ten years and wanted to determine what their mix of funding sources should be: user rates, impact fees, debt, grants and loans, etc. In addition the City wanted to explore revising their sewer user charge rate structure. SAWS Water, Sewer & Water Distribution Impact Fee Study, San Antonio, TX — Ms. Keese prepared an Impact Fee Study for SAWS, the regional water and sewer agency for the City of San Antonio Texas. This study provided a "fresh look" at how SAWS had previously calculated and administered their impact fees. One of the goals of the study was to review the sewer impact fee to determine a more appropriate way to assess the fee. Ultimately the Citizens Advisory Commission and the City Council approved the use of sewer sheds as the most equitable assessment of capital costs to new development. BexarMet Water District Impact Fee Study, San Antonio, TX — Ms. Keese prepared an Impact Fee Study for the 13exarMet Water District. This study combined the seven water impact fees within the District into one regional impact fee. The Study was conducted under § 395.080 of the Texas Local Government Code. In addition, a Water Development user and impact fee was prepared for the District. Water and Sewer Rate Study, Sun `N Lakes Improvement District, Sebring, Florida — Ms. Keese is the project manager on this multi -phased project. Phase I will determine an annual water and sewer rate adjustment to be implemented on a fast track basis. Phase II will consider conservations rate structures for both water and sewer. In addition, impact fees, and a long range plan to facilitate the capital financing of the District's newly completed Master Plan. Water Supply Cost Benefit Analysis, Olivenhain Municipal Water District, CA — Ms. Keese is currently assisting the District in evaluating the cost benefit analysis of four different water supply options including desalinization, increased use of recycled water, and expansion of their existing water treatment plant using membrane technology. As part of this study a matrix will be prepared to assist the District staff in determining which project or mix of projects best suit there needs. Proposed funding levels will be prepared in the Long -Range Plan so that the project(s) are matched against the revenue levels necessary to support them. In addition, Ms. Keese will be updating the District's water, wastewater, and reclaimed water capacity and annexation fees. Water Rate Study, Rowland Water District, Roland Heights, CA — Ms. Keese was the Project Manager for an update to the District's water user rates and long range plan from the first study she performed for them in 2000. The District updates their water rates and long range plan every three years as part of their strategic and master planning process. Karyn L. Keese National Financial Services Manager City of La Habra Sewer Rate Study and Long Range Plan, La Habra, CA — Ms. Keesc is currently assisting the City in preparing their first professionally prepared sewer user rate study. This study will assist in insuring that City will have an industry standard and EPA approved rate structure. The City will soon be moving to a formal enterprise fund for their sewer utility and want to include in their long range plan not only adequate sewer rates to fund operations and maintenance and a $21 million capital improvement program but also prudent reserves. Water User Rate Study and Long Range Plan, La Habra Heights CWD, La Habra Heights, CA — Ms. Keese was the Project Manager for an update to the District's water user rates and long range plan from the first study she performed for them in 1999. The 1999 study set the District's user rates for five year and expired in 2005. The District had recently completed an updated Water Master Plan and wished to incorporate the new cost of replacement capital facilities for the next ten years into their long range financial plan and user rates. Sewer User Rate Study, Town of Bay Harbor Islands, Florida — Ms. Keese prepared the town's first professional sewer rate study. The emphasis in this study was to bring the Town's sewer user rate structure up to industry standards replace the Town's current flat rate structure with volume based rates. City of Anaheim Phase 1 User Rate Study, Anaheim, CA — Ms Keese served as Project Manager on this project to update the City's wastewater user fees. Of particular importance in this study was public outreach to the business community such as Disneyland to insure they would support the rate increase. Phase II of this study will be to revise the City's current user rate structure and is scheduled for 2006. Eastern Municipal Water District Capacity Fee Update, Perris, CA — Ms. Keese prepared a water, wastewater, and recycled water capacity fee update Study in 2005. Ms Keese had prepared the Districts last two studies in 2001 and 1998. The 2005 study reviewed multiple options for determination of the District's capacity fees. 'The District decided to retain the System Buy -In methodology for calculating their capacity fees. City of National City, California — Ms. Keese assisted the City of National City establish their first sewer utilities 1991 and has performed annual rate updates since that time. Single family, multi -family, and manufactured homes have flat rates based upon the average water usage per class. Commercial and industrial are variable rates based on water usage. Olivenhaln Municipal Water District Wastewater Rate Study, Encinitas, CA — Ms. Keese prepared a wastewater rate update study for the District. The District had experienced explosive growth since Ms. Kecse's prior study for them in 2001. In addition the District had recently completed a Master Plan. The capital projects fiom the Master Plan were incorporated into a twenty-year financial plan. In addition, the District wished to explore consumption -based rates for single family users. City of St. Helena Rate Study, St. Helena, California — Ms. Kecse served as the Project Director on this project to update the City's water and sewer user charges. This project included updating operations and maintenance budgets as well as their updated capital improvement program budgets. This project also Karyn L. Keese National Financial Services Manager included an analysis of customer usage and characteristics as well as an update of the cost allocation into fixed and variable costs to determine appropriate consumption based rates for the City's customer classes. City of Camarillo, CA - The City, as well as their Sanitation District, have been a long-term financial services client. Ms. Keese has prepared two water and three sewer rate studies and long range plans over the last ten years. The water rate structure was originally developed as a conservation rate structure. In 2004 Ms. Keese prepared a consumption based sewer rate study to convert the District's sewer rates from flat to consumption -based rates. The District desires to send a conservation message through their wastewater rate structure as well as their water rate structure. Ms. Keese is also restructured the District's capacity fees from incremental to system buy -in. City of Chula Vista, CA - Ms. Keese completed the FY04 to FY07 wastewater user rates that was adopted in May 2003. A major portion of this study was to update the City's cost allocation to include BOD (prior rates only included flow and TSS). Ms. Keese also revised the residential rates from flat rates to consumption -based rates. Upon the completion of the City's Wastewater & Drainage Master Plan in 2005, Ms. Keese is prepared a long range funding plan as well as updating the City's capital fees to fund the identified replacement and capital projects. In addition, she will be creating a storm water utility for them once their Storm water master plan is complete. City of Del Mar, CA — The City has been a long-term Financial Services client. We have recently developed and implemented a storm water utility and corresponding rate structure. We also performed an audit of the City of San Diego's municipal costs to determine if the City is paying their fair share of sewer transportation costs. County of San Diego, San Diego, CA —Ms. Keese completed the update of user rates, capacity charges, and annexation fees for five of the County of San Diego's sewer districts. She had prepared the original studies for each o these Districts' in 1995. As part of the study, capacity charges were reviewed and a system buy -in methodology was recommended to allow for the funds to pay for either replacement and/or expansion projects. Also, annexation fees were revised to reflect the past interest on debt service paid by each District to build the backbone system. City of Santa Monies, CA - Ms_ Keese performed the City's first water and wastewater user rate study for the City of Santa Monica in 1995. To assist the City in achieving their goals of achieving water conservation and therefore only rely on their own wells we conducted a marginal cost study that establish a three tier system for each customer class with the third tier priced substantially higher than the second tier. Recently Ms. Keese completed an update on the cost -of -service portion of the rate study and prepared a five-year long-range plan for both utilities. As the rate structures implemented in 1995 were still meeting the City's criteria, there were no structural changes in the water and wastewater user rates. I lowever, we switched both water and wastewater capacity fees to the "System Buy -In" methodology and allocated the costs by the size of the water meter for both capacity fees. In addition, we updated the water rate structures to accommodate Metropolitan's new rate structure. - Karyn L. Keese National Financial Services Manager City of Oceanside, CA - Oceanside has been a long-term financial services client. In the early 1992, Ms. Keese assisted the City in creating conservation rates for both thew water and sewer utilities. The process included a full citizen's advisory committee, which met 14 times and became an extremely strong part of their public outreach program. The rate restructuring was adopted by unanimous vote of the City Council. Ms. Keese has recently assisted the City in obtaining a 20% sewer rate increase and a 6% water rate increase. The sewer rate increase was the first rate increase since 1992 and is needed to fund the City's current Wastewater Treatment Plant expansion and upgrade, as well as operational cost increa.ses. Ms. Keese is currently preparing the FY05 rate case for water and sewer, as well as assisting the City with contract negotiations with Rainbow Municipal Water District. It is anticipated that this rate case will be adopted in January 2005. Padre Dam Municipal Water District, Santee, CA - Padre Dam is a long-term financial services client of Ms. Keese. She has provided fmancial long-range planning, as well as water and sewer user and capital rate restructuring and updates since 1991. Recently, based on the results of their PBS&J-pre-pared Integrated Facilities Plan, she developed funding sources for all of their Master Plan Projects. Ms. Keese is currently preparing a review of the cost allocations for the City of San Diego's East Mission Gorge Interceptor transportation agreement to insure that Padre Dam is being charged on a fair and equitable basis. in addition, Ms. Keese is updating the District's capacity fees. Valley Center Water District, CA - Ms. Keese prepared a long-range financial plan and forecasting model for the District. Valley Center has recently completed an updated Master Plan, and identified the need to move forward with the design and construction of a broad program of capital improvements, including miles of pipeline projects, to achieve the District's Strategic Plan. In addition, Ms. Keese prepared a "gap" analysis to determine when repairs become less cost effective to replacement of the District's existing capital facilities, as well as an affordability analysis of agricultural water. Storm Water Utility Formation and Financing Studies Boaelder County, Colorado. — Ms. Keese assisted the County in determining how they will finance their required storm water improvements. This will be done through the creation of a storm water utility with diverse funding sources including impact and user fees, a community financing district, and grants and loans. Of interest is the diversity of their grants. Funds were identified from such diverse sources as the Historical Society and Scenic Roads funding. The goal of this study was to identify and size a system of improvements which would achieve the greatest defined economic benefit (both local and regional) per dollar of cost, based on the 100-year floodplain extents. Storm Water Utility Formation, Bear County, Texas - Ms. Keese assisted the county by establishing a freestanding and fully self-supporting storm water utility. This process involved completing a full master plan, funding plan, rate analysis, and public outreach program. The rate structure is based on a tiered approach for all classes of users based on lot size. There are two tiers of single family users, 4 tiers for multi -family users, and 5 tiers for commercial/industrial users. Karyn L. Keese National Financial Services Manager Storm Water Utility Formation, Universal City, Texas - Ms. Keese assisted the City in establishing a fiemtanding and fully self-supporting storm water utility. The master plan has been completed by PBS&J, and the City adopted and implemented the new rate structure in late 2004 to fund the needed operational and capital costs of their storm water utility. The rate structure is based on a tiered approach for all classes of users based on lot size. There are two tiers of single family users, 4 tiers for multi -family users, and 5 tiers for commercial/industrial users. Collier County, Florida — in 2004 Ms. Keese assisted the County in establishing a freestanding and fully self-supporting storm water utility. Additional required planning studies are being completed by PBS&J. Once these are complete she will be updating their rates to fund the needed operational and capital costs. City of Vista, California -- Ms. Keese assisted the City of Vista establish their first storm water utility in 2003. The rate structure was based on estimated exterior water usage for each parcel within the City's boundaries. City of Del Mar, CA — The City has been a long-term Financial Services client. We developed and implemented a storm water utility and corresponding rate structure for the City in 2003. We are presently performing an audit of the City of San Diego's municipal costs to determine if the City is paying their fair share of sewer transportation costs. City of Poway, California — Ms. Keese assisted the City in establishing their first storm water utility in 2002. A new regulatory fee was established to lawfully recover the cost of compliance with Order No. 2001-01 of the San Diego Regional Water Quality Board. The rate structure was based on the size of each individual accounts water meter. City of Oceanside, California — Ms. Keese assisted the City in establishing their first storm water utility in 2002. This utility was created in response to the need to fund $1.5 million annually to comply with storm water requirements adopted by the San Diego Regional Water Quality Board. Rates were set to recover not only the cost of overall program administration and debt service for capital projects, but all for development related plan check and inspection fees. Utility Formation and Reorganization: Fullerton, CA — Ms. Keese assisted in the establishment of the City's first sewer utility. Sewer user rates as well as Fats, Oil, & Grease (FOG) permit and commercial surcharge rates were established to comply with the Orange County Sanitation District permit requirements. The City also adopted a five year long range plan and reserve policy for the utility. Included in the long-range plan was the phasing of full reserve funding within the five years covered by the study, including a fully funded replacement reserve. Rancho Del Campo, California — Ms. Keese performed a governance study for the unincorporated community of Campo in San Diego County. The purpose of this study was to determine if there were viable institutional options to continued County ownership and operation of the Campo water and sewer systems. Phase I consisted of a review of possible governance options, formation requirements G Karyn L. Keese National Financial Services Manager and evaluation of each option in accordance with established criteria. Phase Il expanded Phase 11 to assist in implementation of recommendations from Phase 1 including public outreach with the Board of Supervisors, LAFCO, and local planning groups. Ft. Ord, Monterey County, California — Ms. Keese has been and active member of the Ft. Ord Base Closure committee since its formation representing the sewer utility, Monterey Regional Water Pollution Control Agency. Her roll on the committee was to provide technical guidance to the Committee and the Agency. Her areas of work were assisting in the facility inventory and analysis; deficiencies identification, corrective improvements and costs; summary of future capacity related improvements; financial review and summary; and negotiating utility service agreements between the Committee and the Agency. Trabuco Canyon Water District, Trabuco Canyon, CA - We prepared a third party review of all documents produced by Irvine Ranch Water District (IRWD) in preparation for a Local Agency Formation Commission (LAFCO) economic analysis on severing the Portola Hills area from TCWD and consolidating it with IRWD. In addition, we analyzed the economic feasibility of redirecting the Portola Hills sewage from the El Toro Pump Station via gravity facilities owned by IRWD. In addition we have prepared a water, sewer and reclaimed water rate and long range plan for the District. We restructured and brought all of their rates and fces up to industry standards and determined how they could finance their identified capital facilities on a pay-as-you-go basis. Engineering Reports and Financial Studies Supporting Bond Issues: Seminole County, Florida — Ms. Keese assisted in the preparation of a Certified Engineers Report in support of the County's November 2006 $300 million water and sewer revenue bond issue. The Report concluded that all of the County's facilities are in good condition and well maintained and that the County's capital reserves, supplemented with connection fees and capital financing, are adequate to fund the capital improvements required to maintain the system's present level of operation and service and meet the future needs of the County. St. John's County, Florida — We assisted the County in establishing a value for the water and sewer system they were negotiating to purchase from St. John's Service Company. We prepared an income approach model, preliminary rate scenarios, and a debt bearing capacity analysis for the bond financing of the purchase price. Seminole County, Florida — We assisted in the Annual Report to Bondholders for the Solid Waste Revenue Bond Resolution No. 90-R-62 for the Environmental Services Department, Solid Waste Division. City of Pinellas Park, Florida — We assisted in preparing a comprehensive Engineers Report to assist the City in issuing bonds by documenting the projects identified in the Official Statement for Pinellas Park Water and Sewer Revenue Bonds, Series 2003. To prepare this Report, she has reviewed the existing system, appropriate financial and operational records, and capital improvement program to create a long-range proforma. Metro Wastewater JPA, San Diego, California — The Metro JPA is fully engaged in all regional wastewater issues and reviews every aspect of the City of Karyn L. Keese National Financial Services Manager San Diego's decision -making process from the earliest project conception to financing to completion. As Financial Advisor the Metro Commission Ms. Keese reviews all financial aspects, including budgets, audits, CiP, rate case proposals and debt, grant and low intwest loan financing packages for San Diego's Metropolitan Wastewater Division (MWWD) capital program. She has conducted annual successful audits of the MWWD system, resulting in major cost reforms and annual cost savings in the millions of dollars. Since 1998 she has been involved in the due diligence required for four bond issues totaling 1.2 billion dollars. This does not include an additional $266 million in EPA Clean Water grants and low interest loans. Ms. Keese is currently working with the City in support of an upcoming debt issue that will include approximately $335 million in new money and a $500 million refunding. Financial Management & Miscellaneous Studies: City of Los Angeles Amalgamated Agencies Contract Review, CA — The City of Los Angeles provided sewage transportation and treatment for numerous agencies such as the Cities of Burbank, Glendale, and Culver City. Each "Amalgamated Agency" has an Agreement with the City of Los Angeles with similar terms. Each year the Amalgamated Agencies are billed based on rates adopted by the City of Los Angeles. Within six months following the conclusion of a Fisca Year, Los Angeles performs a reconciliation of the prior year's expenses and submits a reconciliation invoice. This reconciliation comes in the form of loosely linked spreadsheets. The spreadsheets make it difficult to determine exactly what each agency is paying for and impossible to determine if the operations, maintenance, and capital costs are allocable under the Agreement. On behalf of the Cities of Burbank, Glendale, and Culver City we are preparing an independent third party review of the City of Los Angeles F YE 2005-2006 reconciliation to determine how these costs are derived, do they tie out to audited financial statements, and are the costs appropriate and per their Agreements with the City of Los Angeles. Program Management Assessment, San Diego Association of Governments, CA — Ms. Keese was part of a team selected by SANDAG to act as an extension of SANDAG staffto perform "program scanning" for the 'TransNet program. This assignment involved reviewing program and project management processes and tools currently used by SANDAG and the California Department of Transportation (Caltrans), determining strengths and weaknesses, and developing a list of recommendations by priorities to effectively manage the program. Ms. Keese's key contribution to the project was determining that SANDAG's Integrated Financial and Accounting System (iFAS) could be linked to the Caltrans expenditure authorization and work breakdown structure program (WBS) for efficient transfer of project expenditure data without the purchase of expensive accounting software by either agency. This was accomplished through the revision of each agency's project account numbering system, minor programming, and integrating them into the Program Trip Report. Water and Wastewater Systems Preliminary Due Diligence Services — Ms. Keese assisted in the financial due diligence in support of a purchase offer and future negotiations for the purchase of 180 water and wastewater utility systems nationwide. She was part of a multi -disciplinary team. Her areas of work will be included assisting in the facility inventory and analysis; deficiencies Karyn L. Keese National Financial Services Manager identification, corrective improvements and costs; summary of future capacity related improvements; and financial review and summary. Finance Department Optimization Review — Mesa Consolidated Water District in Irvine, CA asked Ms. Keese to review the operation of their finance department as the Board of Director's had recently lost faith in the departments ability to produce meaningful financial reports. This study involved two full day work sessions with the entire staff, individual interviews of all staff members, systems evaluation, and flow charting of all internal control processes. The Board of Directors unanimously adopted the study output and the District is currently implementing the study's recommendations. Recycled Water Pricing Policy Study, Metro Wastewater JPA, San Diego, CA — Ms. Keese has provided ongoing financial and engineering consulting services for over 5 years for the Metro Wastewater JPA, comprised of all of the sewer districts in San Diego County that flow into the City of San Diego's regional sewage treatment system. This past year. PRS&J performed a financial study to analyze the City of San Diego's incentive pricing policy for recycled water. The main objectives of the study were to understand the City's pricing structure for retail customers and for wholesale customers and determine the impacts of the incentive pricing to the participating agencies. As part of this project, PBS&J reviewed the impacts that the actual cost of reclaimed water for agencies that are paying transportation costs and those that are required to build their own transmission facilities. The analysis of the total cost of recycled water included the commodity base charge, capacity charge, monthly meter fees, retrofit or infrastructure costs and any applicable credits. These costs were analyzed for the retail and wholesale customers. PBS&J also reviewed how the incentive rate program affected the return flows of unsold tertiary water from the North City Water Reclamation Plant to the Point Loma Wastewater Treatment Plan where these flows are treated again. Based on this study, as the sales of recycled water are projected to increase over time, this will reduce the return flows and thus treatment costs for the participating sewer agencies. Review of East Mission Gorge Sewer System Costs, San Diego, California - Ms. Keese served as the Project Manager on the financial audit of costs allocated to the agency by the City of San Diego. The audit included the review of backup documentation (reports, planning studies, memos) on how the East Mission Gorge System was planned and sized. This project was a joint project with Padre Dam Municipal Water District and the City of El Cajon. Review of Penisquitos System Costs, Del Mar, California - Ms. Keesc was Project Manager on this project, which reviewed the costs billed to the agency by the City of San Diego for the Penisquitos subsystem. Ms. Caims coordinated the review of documentation and invoices associated with the charges for the system. This project is a joint project with the City of Poway. City of National City, Sewer User Rate Case, Tax Roll Billing Conversion, and Bad Debt Collection — The City of National City has been a long-term utility rate and financial services client of Ms. Keese. Their annual sewer service budget is currently $5.2 million dollars. However over the past five years their bad debt has risen to a cumulative amount of $2.9 million due to the lack of attention to the accounts receivable system. In late 2003 the City approached Ms 13 Karyn L. Keese National Financial Services Manager Keese to evaluate and produce recommendation on how to change their billing system to eliminate bad debt, optimize productivity and minimize costs, and assist them in collecting their outstanding debt. Through a thorough billing system evaluation, in which Ms. Keese was joined by Brad Scott, Program Manager for Information Solutions for PBS&J it was determined that the City could convert their direct billing system to direct tax roll billing for $.10 per parcel and each year collect 100% of their revenues thus eliminating all bad bed. The transition from a faulty direct billing system to tax roll billing was done in two months (this process normally takes a year). All water meters were matched up with County of San Diego Tax Assessor parcel numbers using a combination of relational database. data manipulations, Geospace Overlay Techniques (GIS), and field service in sections. The City's Finance Department reported that 7,556 parcels were placed on the tax roll for a total of $5.2 million. Through additional database cleanup PBS&J was able to collect an additional $260,000 from parcels that had not been currently billed plus $300,000 from the Navy. With the savings in cost for eliminating the direct billing system of $400,000 this equated to a total cost saving for the City of $960,000 or 18% of their annual budget. The City also contracted with Ms Keese and Mr. Scott to take steps to collect the $2.9 million in bad debt that had accumulated. This process was completed in time to lien parcels for non-payment in August 2004. City of Culver City, CA - Ms. Keese provided both annual sewer user rate review and updates services to the City, as well as tax roll database management for the annual billing of all customers on the Los Angeles tax roll. She completed a sewer user charge restructure study for the City and the new rate stricture was first implemented in FY2004. Monterey Regional Water Pollution Control Agency, CA - In August 2003 Ms. Keese began work on several major projects for the MRWPCA. This included trouble shooting their existing sewer rate model for cost allocation inconsistencies. In addition, she provided economic analyses in support of the agency's efforts to expand their service area. Ms. Keesc also assisted in contract negotiations with the U.S. Army and U.S. Navy to update both capital and service contracts. MRWPCA has been and on -call Financial Services client since 1998. Past work includes development of their current capacity fees, sewer user rate studies, long range financial planning, implementation of financing techniques, and negotiating new and revised capital and service contracts with the U.S. Army, U.S. Navy, and the U.S. Coast Guard. Past "typical" assignments varied in length from two to ten months. The exception was an assignment to close out six Clean Water Grants where the State and federal agencies requested a $23 million repayment from MRWPCA; however after ten years of negotiations with the EPA, U.S. Army Corp of Engineers, and State Water Resources Control Board, MRWPCA received an additional $9 million in State and Federal funding (without repayment of any funds to the government). Papers & Publications: Financing Storm Water Utilities, PBS&J Highlights, Spring 2004. Integrated Financial Planning for Storm Water Utilities, Paper. StormCon Annual Conference, July 2004. y Karyn L. Keese National Financial Services Manager Avoiding Rate Hikes With Cost -Saving Fee Collection Technology, American City & County Magazine, July 2004. Storm Water Utility Rate Policies, Paper: Southeast Stormwater Association Annual Conference, January 2006. Marginal Cost Impact Fees, Paper. Impact Fee Roundtable Annual Conference, September 2006. '5 • . . ..41133:17.?-4;agaigeNacKWaIML.Z.ler:::,X1:_iy;.,%1/4" "'".7 BUSINESS LICENSENo. CITY OF NATIONAL CITY PURSUANTTO CITY ORDINANCE THIS LICENSEIS NON -TRANSFERABLE HEREBY GRANTED FOR THE TERM & PURP9sFSTATUI PBS &Li D.B.A. Location BL3828 -07 .... •:_.,-;;,..:[-- -,,:ft:...:,„..,-:....,„.„..,„;,_ Date 01/01/2007 .::,•:::.. • ENGINEERING CONS111MG.,:gyp.s„•.. , • _ .. ,',. ;„ . .• :.,,..--...,;-\ 1,5,..-:,.,:. .,, Expires 12/31/2007: . Classification -• : ;,14.---,:i6,7.-- '-,;1,7-..-,""...:,:.-.;z..,,,. ....1.7-4V.;.' • • . ... . .... CITY "14EA 1.114R THIS LICENSE TO BE POSTED IN A CONSPICUOUS PLACE AT BUSINESS LOCATION This is your business license for the year 2007 Please detach and display YOUR NATIONAL CITY BUSINESS LICENSE WILL EXPIRE ON DECEMBER 31, 2007 IF YOU HAVE ANY QUESTIONS REGARDING YOUR 2007 CITY OF NATIONAL CITY BUSINESS LICENSE PLEASE CALL 619-336-4330 PBS &J 175 CALLE MAGDALENA ENCINITAS, CA 92027 1(0 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PBS&J THIS AGREEMENT is entered into this 06th day of May, 2008, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and PBS&J, (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to conduct on- going Sewer Billing / Tax Roll perporation and administration services for Fiscal Year 2008-2009 WHEREAS, the CITY has determined that the CONSULTANT is a corporation and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Attachment "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings as required to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. Revised August 2003 9 3. PROJECT COORDINATION AND SUPERVISION. Joe Smith hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Karyn Keese thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Attachment "A" shall not exceed the schedule given in Attachment "B" $45,867 as the Base amount without prior written authorization from the City. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Attachment "A" as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific period of one year from date of signature of agreement with the City having an option to extend, for anaddition one year at the same rate of compensation stated in section 4. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, after, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the 2 Revised August 2003 CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT,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 CONSULTANT and the CONSULTANTs employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subcontractors, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its sub CONSULTANT (s) shall require the sub CONSULTANT to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANTs agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONSULTANTs obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its sub CONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 3 Revised August 2003 r�V 10. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 11. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a govemmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 4 Revised August 2003 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to 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 attomeys' 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 CONSULTANTs negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of Califomia, 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 attomey'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 CONSULTANT under this Agreement. 16. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to 5 Revised August 2003 purchase and maintain throughout the term of this agreement, the following insurance policies: XO 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 Toss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree - I. Insurance shall be written with only Califomia admitted companies which hold a current policy holder's alphabetic and financial size category rating of not Tess than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. ment. For purposes of determining who is to be considered the prevailing party, it is stipulated that attomey's fees incurred in the prosecution or defense of the action or Revised August 2003 suit shall not be considered in determining the amount of the judgment or award. Attorneys fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attomey's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attomey'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 AM 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 bome equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANTs breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by Revised August 2003 ovemight mad (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 ovemight mail, the business day following its deposit in such ovemight 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 Califomia) 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: Joe Smith Director of Public Works City of National City 2100 Hoover Avenue National City, CA 91950-6530 To the CONTRACTOR: PBS&J 9275 Sky park court suite 200 San Diego, CA 92123 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Govemment Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. 8 Revised August 2003 ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Attachments and Schedules. The Attachments 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 Califomia. I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the 9 Revised August 2003 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 PBS&J (Two signatures required for a corporation) By: By: Q.CU1ca.� _ Ron Morrison, Mayor (Name) Assoc.s.i. Ut ems. Gesr (Title) APPROVED AS TO FORM: George H. Eiser, III City Attomey By: Sc . As,56c. G V Pc,_ (Title) Revised August 2003 ATTACHMENT A SCOPE OF SERVICES FISCAL YEAR ENDING 2009 TAX ROLL ADMINISTRATION April 1, 2008 In response to your request, PBS&J is pleased to submit this proposal to you for financial services for the City of National City (Client). I. SCOPE OF SERVICES Based on our current understanding of the Project, PBS&J will provide the following services: A. Tax Roll ('reparation Based on current County Assessor's information, business license applications and building permits, the sewer customer database will be updated and matched with the Sweetwater Authority's water accounts and annual usage. It should be noted that business license and building permit data that is incomplete and do not match up with Assessor Parcel Numbers cannot be updated. Data that cannot be matched will be returned to the City for further research. Using updated information, sewer charges will be calculated based on approved sewer user rates for each fiscal year. The list of sewer charges will be prepared for approval by the City Council and then submitted to the County of San Diego for processing on the property tax rolls. Direct bills will be sent to government agencies, such as the school district, since they cannot be billed with the property tax bills. It is assumed that 30 (thirty) direct billing statements will be mailed. B. Respond to Customer Inquiries This task provides for responses to customer phone calls and inquiries regarding the annual service charges. This proposal assumes that 30 phone calls will be received and that all of these customers will request detailed breakdowns, in the form of written correspondence, regarding their sewer bills and usage (because there are multiple meters on one property, etc.). If additional calls are received, they will be addressed as additional services. Attachment A Tax Roll Administration Page 2 of 3 II. ADDITIONAL SERVICES If requested by the Client, PBS&J will provide the following Additional Services, beyond the services included in Section I, Scope of Services: A. Additional customer inquiries beyond those addressed in Section I. B. Meetings and any additional project related services not specifically included in Section I, Scope of Services. C. Field visits or additional research of parcels that do not match up with Sweetwater's water meter data, business licenses or building permit information. III. CLIENT FURNISHED SERVICES The following services or information will be provided by Client or its consultants: A. Client shall provide PBS&J copies of all relevant reports, studies, correspondence, and other relevant project information or data. Customer water use data will be provided electronically, in a format that can be converted to Microsoft Excel. Under this agreement for services, PBS&J shall be entitled to rely upon the accuracy and completeness of the information and financial data provided by the Client in performing its services, without liability. Unless requested in writing by Client, PBS&J will not, and have no obligation to perform any manner of check, review or verify the accuracy or completeness of the data provided. B. Assign one person to serve as the Client's Project Manager who has authority to represent the Client and will serve as the point of interface for all project issues and communications. In addition, this person will serve as the initial contact for customer inquiries regarding sewer charges. C. A complete written description of all pertinent project information and issues, including all unusual or critical requirements of the Client. D. Perform site visits to confirm water meter locations, service addresses, or land use, as needed. ATTACHMENT B FEES AND CONDITIONS FISCAL YEAR ENDING 2009 TAX ROLL ADMINISTRATION April 1, 2008 FEES AND CONDITIONS A. The Services described in Section I, Scope of Services, will be provided on an hourly rate basis with an estimated upper limit of $45,867 for 2009. Should the City wish to enter into a multi -year contract to provide tax roll administration, each subsequent year would be adjusted by 5% to account for inflation. A breakout of these fees by task is included in the table below. Task FYE 2009 Task A — Tax Roll Preparation $31,230 Task B — Customer Service $13,864 Direct Expenses $773 Totals $45,867 B. The fees for the Services described in Section II, Additional Engineering Services, will be provided on an hourly rate basis in accordance with the PBS&J Standard Rate Schedule in effect at the time the services are performed. A copy of the current Standard Rate Schedule is attached. LABOR T,r, ,t,'E Project Name: Tax Roll Administration Client/Owner: Project Manager: Prepared By: Proj/Prop No.: Date: City of National City Karyn Keese Karyn Keese 62194317 April 1, 2008 FEE SUMMARY ITEM TOTAL Labor Outside Services Direct Costs $45,094 $0 $773 TOTAL $45,867 ENGINEERING SERVICES Engineering Aide - EA Engineer 1- El Engineer II - Ell Engineer III - EIII Senior Engineer I - SEI Senior Engineer II - SEII Senior Engineer III - SEIII Supervising Engineer I - SPEI Supervising Engineer II - SPEII Principal Engineer I - PRI Principal Engineer 11 - PRI! Principal Engineer III - PRIII Principal Engineer IV - PRIV ADMINISTRATIVE SERVICES Admin Assistant 11Clerk - AI Admin Assistant II (N6) - All Admin Assistant III (N7) - AIII Sr. Admin Assistant I (N8) - SAl Sr. Admin Assistant II (N9) - SAIL Sr. Admin Assistant III - SAIII Senior Administrator - SA OTHER PROFESSIONAL SERVICES Professional 1/GIS Analyst - PI Professional II/GIS Analyst II - PII Sr. Prof. I/Sr. GIS Analyst I - SPI Sr. Prof II/Sr. GIS Analyst II - SPII Sr. Prof III/Sr. GIS Analyst III - SPIII Supervising Professional - SP Principal Professional - PP JPMPBSJ PA406301 $70 $105 $115 $120 $130 $140 $145 $155 $170 $180 $196 $209 $219 $60 $65 $75 $80 $85 $100 $110 ENVIRONMENTAL SCIENCE Research Assistant - RA Assistant Scientist - AS Scientist I - SI Scientist 1I - SII Scientist III - Sill Senior Scientist I - SSI Senior Scientist II - SSII Senior Scientist 111 - SSIII Senior Scientist IV - SSIV CONSTRUCTION RELATED SERVICES Contract Administrator - CA Sr. Contract Administrator - CAS Construction Mgmt Rep. I* - CMI Construction Mgmt Rep. II* - CMII Senior Field Representative"- SFR Prevailing Wage Field Rep. - PWFR Resident Engineer - SPEC Construction Manager - CM Senior Construction Manager - SCM (' non-prevaikng wage) DESIGN & GRAPHIC SERVICES CADD Technician I (N7) - CTI $90 CADO Technician II (N8) - CTII $105 CADD Technician III (N9) - CTIII $125 Graphics Designer 1 (N10) - GDI $140 Graphics Designer II (N11) - GDII $150 Designer 1- DI $175 Designer II - DII $196 Senior Designer I - SDI Senior Designer 11 - SDI! Senior Designer itt - SDIII $60 $75 $100 $110 $120 $135 $175 $185 $220 $85 $110 $90 $100 $115 $114 $150 $135 $145 $70 $85 $95 $95 $100 $100 $110 $120 $135 $140 CA Offices: Encinitas, Keamy Mesa/San Diego, Orange, Los Angeles, Pasadena, Riverside, Sacramento, San Francisco FILE: 2008 PBSJ fee est - west2 ACORQ. CERTIFICATE OF LIABILITY INSURANCE DATE MUMMY) 09/18/07 "RODUCER Imes Murphy and Associates - Omaha 2637 South 158th Plaza Suite 200 Omaha, NE 68130 INSURED Post, Buckley, Schuh & Jernigan, Inc. d/b/a PBS&J 2001 NW 107th Avenue Miami, F1. 33172-2507 1-866-220-4625 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A'. Zurich American Insurance Company/816535 INSURFRR, Zurich American Insurance Company / 816535 INSURER C: Steadfast Insurance Company/826387 INSURER D. _^ INSURER E: COVERAGES 1HE ANY MAY POLICIES. INSR ITq POLICIES REQUIREMENT, PERTAIN, OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL 1HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SIIOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF WSURANCE POLICY NUMBER POLICY EFFECTIVE DATE DYY) E( POUCY EXPIRATION DATE(MINVOYYI LAIRS A GENERALUABILITY X COMMEHCIAL GENERAL I IABII.IT( GLO 9139458-01 09/30/07 09/30/08 _EACH OCCURHENC1 $ 1,000,000 FIRF DAMAGE (Any one are) S 1,000,000 CLAIMS MADE I X J OCCUR MED FXP (Any wt. person) $ 25, 000 X Contractual Liability PERSONAL AADVHAIRY $ 1,000,000 GENL AGGREGATE LIMIT APPLIES PLR: GENERAL AGGREGATE PRODUCTS - COMP/OP AG[; —_.. _ .. $ 2,000,000 $ 2, 000, 000 POUCY X I PRO- I X ! LOC JECT B B I AUTOMOBILEUABIUTY X ANY AUTO ALL OWNED AUTOS SCHFDIII FD AUTOS HIRED AUTOS NON -OWNED AUTOS Contractual Liability BAP 9139457-01 BAP 9139486-01 09/30/07 09/30/07 09/30/08 09/30/08 f,OMOINEU SINGLE LIMIT (Fa.ccident) $ 2,000,000 BODILY IWURY (Pe, person) BODILY INIIIRY Wm accident) PROPERTY DAMAGE p'er aac,d n1) X X X $ ----- - GARAGE UABIUTY ANY AUTO AUTO ONLY - to ACCIDENT $ $ OTTER THAN EA ACC AUTO ONLY. AGG —.._ $ C EXCESSLIABILITY Xl 1 ADC 508762103 09/30/07 09/30/08 EACHOCCURUENCE $ 25,000,000 OCCUR Lil CLAIMS MADE AGGREGATE $ 25, 000, 000 DEDUCTIBLE RCTCNTION S 0 $ —_ S S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC 9139459-01 09/30/07 09/30/08 _X I WC STATu- 1 ;UIH- _ 1OHY UMLLhI ,_FR_-. EACH ACCIDENT $, 000, 000 _C.L_. F L DISEASE- EA EMPLOYES $ 1.000,000 F l DISCASL - POUCY LIMIT $ 1, 000,000 OTHER S S 1 DESCRIPTION OF OPERATIONS/LOCAnONSNEHICLESEXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS RE: Onging Sewer Billing/Tax Roll preparation and administration services for Fiscal Year 2007-2008 The City of National City, its officers, employees, and volunteers are Additional Insureds on the General Liability and Automobile Liability on a Primary and Non -Contributory basis with respect to the operations of the insured on the above project. See attached for additional wording. ATE HOLDER ADDITIONAL INSURED -INSURER LETTER: CANCELLATION ty of National City —to: Mr. Joe with 1243 National City Blvd. National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL EVItignidltegt MAIL 90 DAYS WRITTEN NOTICE 10 THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHORIZED REPRESENTATIVE ilk.7 BSA ACORD 25-S (7/97) rflatowicz 7021948 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7/97) SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 09/18/07 NAME OFINSURED: Post, Buckley, Schuh & Jernigan, Inc. d/b/a PBS&J Additional Insured on the General Liability & Auto Liability on a Primary & Non -Contributory basia, including completed operations "Where Required by Contract" (GL ONLY). General Liabiltiy Aggregate limit applies per Project Blanket Additional insured Lessor/Lose Payee on the Auto Liability. Waiver of Subrogation on the General Liability Auto Liability, and workers Compensation "Where Required by Contract". Umbrella follows form to the Additional Insureds on the General Liability. SUPP (10/00) Additional Insured — Automatic - Owners, Lessees Or Contractors - Broad Form Named Insured: Post, Buckley, Schuh & Jernigan, Inc. d/b/a/ PBS&J ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add'I. Prem Return Prem. GL09139458-01 09/30/07 09/30/08 09/30/07 $ S THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertis- ing injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: 1. The "bodily injury" or "property damage" results from your negligence; and 2. The "bodily injury", "property damage" or "personal and advertising injury" results directly from: a. Your ongoing operations; or b. "Your work" completed as included in the "products -completed operations hazard", performed for the additional insured, which is the subject of the written contract or written agreement. C. However, regardless of the provisions of paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" that results solely from negligence of the addi- tional insured; or 2. "Bodily injury". "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications: and 6L/ LI GL 1175 A CW (9/03) Page 1 of 2 Inclnite. ccnvrinhtf?d mnt nrial nt In<Nranrn cPrva- a littlrR Inr with itc narmic<inn b. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim: 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by an- other insurer under which the additional insured also has rights as an insured or additional insured. F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in- surance available to any additional insured person or organization unless the other insurance is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method de- scribed in paragraph 4.c. of SECTION iV - COMMERCIAL GENERAL LIABILITY CONDITIONS. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as writ- ten. Name of Person or Organization: City of National City, its officials, employees, and volunteers 1243 National City Blvd. National City, CA 91950 RE: Ongoing Sewer Billing/Tax Roll preparation and administration services for the Fiscal Year 2007 - 2008 U-GI.i I75-A CW (9/03) Page 2 of 2 COMMERCIAL INSURANCE ENDORSEMENT Insurance for this coverage part provided by: Zurich American Insurance ADDITIONAL INSURED COMMERCIAL AUTO INSURANCE Named Insured: Post, Buckley, Schuh & Jernigan, Inc. d/b/a PBS&J Policy Number: BAP 9139457-01 Policy Eff/Exp: 9/30/07 — 9/30/08 Renewal of Number BAP 9139457-00 THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED BY THE FOLLOWING: BUSINESS AUTO COVERAGE PART SCHEDULE NAME: City of National City, its officials, employees, and volunteers 1243 National City Blvd. National City, CA 91950 RE: Ongoing Sewer Billing/Tax Roll preparation and administration services for the Fiscal Year 2007 - 2008 WHO IS AN INSURED (SECTION II) IS AMENDED TO INCLUDE AS AN INSURED THE PERSON (S) OR ORGANIZATION (S) SIIOWIN IN THE SCHEDULE BUT ONLY WITH RESPECT TO THEIR LIABILITY ARISING OUT OF: A) YOUR WORK FOR THE ADDITIONAL INSURED(S) AT THE LOCATION DESIGNATED, OR B) ACTS OR OMISSIONS OF THE ADDITIONAL INSURED(S) IN CONNECTION WITH TIIEIR GENERAL SUPERVISION OF "YOUR WORK" A'I' THE LOCTION SHOWN IN THE SCHEDULE. FOR CLAIMS ARISING OUT OF OPERATION, MAINTENANCE OR USE OF A COVERED AUTO, THIS INSURANCE SHALL. BE. PRIMARY INSURANCE OVER ANY OTHER INSURANCE AVAILABLE TO THE SCHEDULED INSURED. U-CA-388-A (07-94) 6:0 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 6 2008 AGENDA ITEM NO. 14 (-ITEM TITLE A resolution accepting the donation of 14 mature Chinese elm trees, relocation and planting services valued at $71,171.50 from the Constellation Property Group and approving the Donation Agreement as required by the City's Donation Policy. PREPARED BY Patricia Beard, 4255 Redevelopment Manager DEPARTMENT -y Redevelopment Division EXPLANATION In order to develop the Centro condominiums on 12th Street, the Constellation Property Group had to remove about 40 mature Chinese elm trees from the project site. Constellation Property Group boxed the majority of the trees for re -use in the project and also at another development site they own in the San Diego area and offered to donate 13 mature trees and one extraordinarily large tree to the City. After several discussions, El Toyon Park and Kimball Park were identified as preferred sites for the trees. Staff from the Planning and Public Works Departments coordinated the relocation and, to achieve efficiency and save community resources, Constellation Property Group also offered to transport and re -planting of the trees to Kimball Park. The attached agreement makes the findings required by the City's Donation Policy and states the donation will be commemorated by a small plaque to be placed in Kimball Park. Environmental Review Not applicable Financial Statement The value of the donation is $71,171.50 including both the trees, labor and equipment. The Public Works Department has determined that maintenance costs for the trees will be minimal and more than offset by the value of the donation. Account No. STAFF RECOMMENDATION Adopt the resolution BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Proposed Donation Agreement Resolution No. L A-200 (9/80) RESOLUTION NO. 2008 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE DONATION FOURTEEN MATURE CHINESE ELM TREES, AND PLANTING AND RELOCATION SERVICES FOR A TOTAL DONATION VALUE OF $71,171.50 FROM THE CONSTELLATION PROPERTY GROUP, AND AUTHORIZING THE MAYOR TO EXECUTE THE DONATION AGREEMENT WITH THE CONSTELLATION PROPERTY GROUP AS REQUIRED BY THE CITY'S DONATION POLICY WHEREAS, the Community Development Commission ("CDC") has entered into a Disposition and Development Agreement with Constellation Property Group ("Constellation") for the Centro Condominium Project located on approximately 1.2 acres mid -block between National City Boulevard and D Avenue on 12th Street; and WHEREAS, to construct the project Constellation must remove approximately 40 mature Chinese elm trees; and WHEREAS, Constellation has offered to donate 14 mature Chinese elm trees to the CITY, and will transport and replant the trees at Constellation's expense of $25,171.50 at relocation sites in El Toyon Park and Kimball Park; and WHEREAS, the following findings are made as required by City Council Policy No. 204: 1. The donation is consistent with the City's Donation Policy (the "Policy") and with City goals and objectives, specifically Strategic Goal 3e "Support City Parks and Open Space". 2. The City Council may decline this donation without comment or cause. 3. The donation does not conflict with local, State or federal law. 4. The trees will be aesthetically acceptable to the City. 5. The donation will add to the workload of City staff in that the trees will have to be maintained once they are relocated, however, this cost is more than compensated by the value of the donations, as mature Chinese elm trees are worth more than $2,500 ($30,000 plus $16,000 for a very large tree, plus relocation and planting expenses of $25,171.50 = total donation value of $71,171.50). 6. The donation will not bring unforeseen or hidden costs. 7. The donation places no restrictions on the City. 8. The trees shall become property of the City once any or all of them are relocated onto City property. 9. Recognition of the Constellation Property Group in the form of a small plaque will be placed in the general area of the replanting at Kimball Park. Resolution No. 2008 - May 6, 2008 Page 2 10. The donation will be accepted by the Finance Department on behalf of the Public Works Department as required by the Policy. 11. There will be no cash donation associated with this donation. 12. At the time of acceptance of any or all of the trees, the donation will be acknowledged in a form acceptable to the City Attorney, and with a copy forwarded to the Finance Department. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts the donation of 14 mature Chinese elm trees, and planting and relocation services valued at more than $71,171.50 from the Constellation Property Group. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor to execute a Donation Agreement with Constellation Property Group for the donation of 14 mature Chinese elm trees and planting services. PASSED and ADOPTED this 6th day of May, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Attachment 1 AGREEMENT BY AND BETWEEN I HE CITY OF NATIONAL CITY AND CONSTELLATION PROPERTY GROUP THIS AGREEMENT is entered into this 6th day of May, 2008, by and between the THE CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and CONSTELLATION PROPERTY GROUP (the "DEVELOPER"). RECITALS WHEREAS, the City's Community Development Commission has entered into a Disposition and Development Agreement for the Centro Condomiun project to be located on approximately 1.2 acres mid -block between National City Boulevard and D Avenue on 12th Street; and WHEREAS, to construct the project the DEVELOPER must remove approximately 40 mature Chinese elm trees; and WHEREAS, the DEVELOPER has offered to donate 13 mature trees and one large mature tree to the CITY and will transport and replant the trees at DEVELOPERS' expense of S25,171.50 at relocation sites in Kimball Park; and WHEREAS, the following findings are made as required by City Council Policy #204 I. The donation is consistent with the City's Donation Policy (the "Policy") and with City goals and objectives, specifically Strategic Goal 3e "Support City Parks and Open Space"; 2. The City Council may decline this donation without comment or cause; 3. The donation does not conflict with local, state or federal law; 4. The trees will be aesthetically acceptable to the City; 5. The donation will add to the workload of City staff in that the trees will have to be maintained once they are relocated, however this cost is more than compensated by the value of the donations, as mature Chinese elms are worth more than $2,500 ($32,500 + $16,000 plus planting expenses of $21,000 = total donation value of more than $71,171.50); 6. The donation will not bring unforeseen or hidden costs; 7. The donation places no restriction on the City; 8. The trees shall become property of the City once any or all of them are relocated onto City property; 9. Recognition of the Constellation Property Group in the form of a small plaque will be placed in the general area of replanting; 10. The donation will be accepted by the Finance Department on behalf of the Public Works Department as required by the Policy; 11. There will he no cash donation associated with this donation; 12. At the time of acceptance of any or all of the trees, the donation will he acknowledged in a foram acceptable to the City Attorney and with a copy forwarded to the Finance Department. FOLLOWS: NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS Revised August 2005 1. DONATION AND DISPOSITION OF TREES. Constellation Property Group will relocate 14 mature elm trees and replant them in locations identified by the Planning and Public Works Departments at Kimball Park. 2. ONGOING MAINTENANCE. Once successfully planted at the identified sites in Kimball Park, the trees will become the property of the City of National City, which will be responsible for all ongoing care and maintenance. Constellation Property Group will have no continuing responsibility related to the trees donated to the City. 3. COMPLIANCE WITH APPLICABLE LAW. The DEVELOPER, 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. 4. INDEMNIFICATION AND HOLD HARMLESS. The DEVELOPER and its sub -contractors agrees to defend, indemnify, and hold harmless the 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 DEVELOPF_R's negligent performance of this Agreement. 5. WORKERS' COMPENSATION. The DEVELOPER and its subcontractors 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 DEVELOPER and its subcontractors under this Agreement. 6. INSURANCE. The DEVELOPER, 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. Comprehensive general liability insurance, with minimum litnits of S2,000,000 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 DEVELOPER'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 DEVELOPER shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. 1. Insurance shall be writtcn with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A Vlll according to 2 Revisud August 2005 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, arc filed with and approved by the C1TY's Risk Manager. If thc DEVELOPER does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 7. TERMINATION. A. This Agreement may be terminated with or without cause by the DEVELOPER or City. Termination without cause shall be effective only upon 10-day's written notice to the DE.VF.LOPER or City. 8. RECOGNITION OF DONATION. The City intends to recognize the donation by placing a permanent engraved marker in the vicinity of thc relocation site. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Chairman APPROVED AS TO FORM: George H. Eiser, lII CDC Legal Counsel CONSTELLATION PROPERTY GROUP (A Avenue) LP, By: Constellation Property Management, Inc.its General Partner By: `✓Ir17 /.rl/vt/ 3 Revised August 2005 City of National City, California CITY COUNCIL AGENDA STATEMENT 15 IEETING DATE May 6, 2008 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN CO-PERMITTEES REGARDING THE SHARING OF COSTS ASSOCIATED WITH THE PROSECUTION OF AN UNFUNDED STATE MANDATE CLAIM, IN ORDER TO RECOVER A PORTION OF THE CITY'S EXPENSES ARISING FROM COMPLIANCE WITH THE 2007 REGIONAL WATER QUALITY CONTROL BOARD'S STORMWATER PERMIT PREPARED BY George H. Eiser, III (Ext. 4221) EXPLANATION DEPARTMENT City Attorney Please see attached memorandum. Environmental Review .1 N/A Financial Statement Approved By: Finance Director Formula for Allocation of Costs among Participants is set forth in Section 5 of the MOU. Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Memorandum Resolution MOU A-200 (9/99) City of National City Office of the City Attorney 1243 National City Boulevard., National City, CA 91950-4301 George H. Eiser, III • City Attorney (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 TO: Mayor and City Council DATE: April 29, 2008 FROM: City Attorney SUBJECT: Recovery of Costs of Compliance with the 2007 Stonnwater Permit Issued by the Regional Water Quality Control Board This item pertains to the City's obligations and responsibilities under the National Pollution Discharge Elimination System (NPDES) stormwater permit regulations. These regulations arise from the Federal Water Pollution Control Act ("Clean Water Act") and are administered by the U.S. EPA by and through its designee, the California State Water Resources Control Board ("CSWRCB"), and through it the San Diego Regional Water Control Board ("RWQCB"). BACKGROUND In January 2007, the RWQCB issued a new NPDES stormwater permit (Order No. R9-2007- 0001/NPDES Permit No. CAS0108758, the "Permit") for the eighteen cities, the County, the Port District, and the Airport Authority (Co-Permittees). The Permit regulates the discharge of stormwater and related pollutants. The Clean Water Act requires every city to have a permit to be able to operate a stormwater system. The Permit modified and increased the obligations of the Co-Permittees from those that were applicable under the previous form of the Permit, RWQCB Order No. 2001-01 ("2001 Permit"). For the 2007 Permit, the Co-Permittees formed a technical working group to develop programs to meet the requirements of the permit, and to share consultant and other costs related to the same. The Co-Permittees also approved a Memorandum of Understanding ("Work Group MOiU") that evidenced the agreement of the working group to proceed jointly with development of these programs; the Working Group MOIJ also contained the formula by which the shard costs would be allocated by and amongst the Co-Pcnnittees. The Working Group MOtJ expired on December 31, 2007. With the issuance of the 2007 Permit, there are increased costs that arc neither federally mandated nor State funded. The Co-Permittees have concluded that the Permit contains no federal authority for this program. According to the Co-Pcrmittee technical working group and the draft MOI J for implementing the 2007 Permit program requirements, the costs simply to determine how to implement this program will be at least $1 Million Dollars County -wide. This does not include the cost of implementing the hydromodilication program and other 2007 Permit requirements. ® Recycled Paper program will be at least S1 Million Dollars County -wide. This does not include the cost of implementing the hydromodification program and other 2007 Permit requirements. Other increased costs include revised requirements for inspections, street sweeping, and other various functions that will now have mandatory minimums that did not exist previously. The Permit also requires the City to make numerous changes to its ordinances, and to incorporate the stormwater provisions into its General Plan. Many of these advanced plamring costs and various regional watershed programs that the City must participate in are not funded by the State, and are not required by the Federal Clean Water Act. The cost of this program will increase significantly in an amount yet to be determined. I)ISCIJSSTON In November of 2005, voters approved Proposition I A, which amended the California Constitution. This amendment included language which required the State to fund any new state mandates or to terminate the mandate. Under the State mandates process, jurisdictions have eighteen months after the imposition of a new mandate to file a test claim with the State Mandates Commission. The deadline for filing such a claim on behalf of the Co-Permittees under the 2007 Pennit is June, 2008. A group of city attorneys has been working on processing the claim, having exhausted all the Co-Permittees' administrative remedies before the State Water Board. The proposed resolution would approve a cooperative MOU between the City of National City, 17 other cities, and the County, the purpose of which is to share the cost of this mandates claim before the State Mandates Commission ("Mandates Claim MOU"). The team that will be prosecuting the claim includes several city attorneys from around San Diego County and the County Counsel's office. The County Counsel's office has had extensive experience in state mandates claims and will be of great assistance to this effort. The Mandates Claim MOU includes a cost sharing breakdown, and is an attempt to determine the worst -case scenario for costs in pursuing this claim. It assumes that expert witnesses will be retained and that the case will go to the State Mandates Administrative process, followed by appeals through the first step of the Court of Appeals process. Most cities, including National City, have previously approved general authority for pursuing this claim. Under that general authority, the Co -Permitter legal team filed a claim with the State Water Resources Control Board. This claim was rejected, which means that the necessary prerequisites have been met to allow the Co-Permittees to now proceed to the State Mandates Commission with the claim. Currently the Co-Permittees technical group is working on developing cost estimates for various programs that will be included in the claims process. Among those to be included will be hydromodification, General Plan requirements, increased inspections and maintenance and operations required by the Permit, and other aspects of the program that are not federally mandated. The group is also gathering permits from around the country to compare and contrast • Page 2 RECOMMENI)ATION As previously noted, the Working Group MOt.J expired at the end of last year. To continue the collaboration and cooperation amongst the Co-Permittees with respect to meeting Permit requirements, it is recommended that Council approve the City's entry into a new Working Group MOIJ with the Co-Permittees that would be approved by the proposed resolution. This new MOU would continue the existing program work by the Co-Permittees, expanded as necessary to meet the new program requirements associated with the 2007 Permit. GEORGE I . EISER, III City Attorney ('THE/gmo • Page 3 RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN CO-PERMITTEES REGARDING THE SHARING OF COSTS ASSOCIATED WITH THE PROSECUTION OF AN UNFUNDED STATE MANDATES CLAIM, IN ORDER TO RECOVER A PORTION OF THE CITY'S EXPENSES ARISING FROM COMPLIANCE WITH THE 2007 REGIONAL WATER QUALITY CONTROL BOARD'S STORMWATER PERMIT WHEREAS, the City of National City, together with the County of San Diego and the 17 other cities in the County (Co-permittees") are individually and collectively subject to Order No. R9-2007-0001/NPDES Permit No. CAS0108758 ("Permit") adopted by the California Regional Water Quality Control Board, San Diego Region ("Regional Board") on January 24, 2007; and WHEREAS, neither the Regional Board nor the California State Water Resources Control Board have acknowledged that any portion of the Permit constitutes a State mandate that exceeds the scope of the Federal Clean Water Act and its implementing regulations. Co- permittees believe that portions of the Permit do in fact constitute unfunded State mandates, and that pursuant to Article XIII B Section 6 of the California Constitution, a State subvention of funds is required before Co-permittees must implement those portions that exceed the Federal requirements; and WHEREAS, Co-permittees desire to pursue the issue of unfunded State mandates, and believe that the necessary administrative and procedural actions associated with the same should be jointly undertaken to present a unified and coordinated front, and to achieve cost savings where possible. These actions have included and will include, but may not be limited to, the following: Petition to the State Water Resources Control Board; Preparation and Presentation of a Test Case before the State Mandates Commission; Petition for Writ of Mandate; Appeals; Re -hearing and Potential Settlement with the State Mandates Commission (collectively, "Mandates Claims"). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Manager to execute a Memorandum of Understanding by and between Co-permittees for the sharing of costs associated with the prosecution of an unfunded State Mandate Claim. Said Memorandum of Understanding is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of May, 2008. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Mike Dalla, City Clerk George H. Eiser, Ill, City Attorney MEMORANDUM OF UNDERSTANDING BY AND BETWEEN CO-PERMITTEES REGARDING SHARING OF COSTS ASSOCIATED WITH PROSECUTION OF UNFUNDED STATE MANDATES CLAIM This Memorandum of Understanding ("MOU") is entered into as of this day of June 2007 by and between the following local government agencies located in San Diego County: The County of San Diego; City of Carlsbad, City of Chula Vista, City of Coronado, City of Del Mar; City of El Cajon; City of Encinitas, City of Escondido; City of Imperial Beach; City of La Mesa; City of Lemon Grove; City of National City; City of Oceanside; City of Poway; City of San Diego, City of San Marcos; City of Santee; City of Solana Beach, and City of Vista (collectively, Co-permittees") with regard to the following: RECITALS A. Co-permittees are individually and collectively subject to Order No. R9- 2007-0001/NPDES Permit No. CAS0108758 ("Permit") adopted by the California Regional Water Quality Control Board, San Diego Region ("Regional Board") on January 24, 2007. B. Neither the Regional Board nor the State Water Resources Control Board have acknowledged that any portion of the Permit constitutes a State mandate that exceeds the scope of the Federal Clean Water Act and its implementing regulations. Co-permittees believe that portions of the Permit do in fact constitute unfunded State mandates and that pursuant to Article XIII B §6 of the California Constitution, a State subvention of funds is required before Co-permittees must implement those portions that exceed the Federal requirements. C. Co-permittees desire to pursue the issue of unfunded State mandates, and believe that the necessary administrative and procedural actions associated with the same should be jointly undertaken to present a unified and coordinated front and to achieve cost savings where possible. These actions have included and will include, but may not be limited to, the following: Petition to the State Water Resources Control Board; preparation and presentation of a Test Case before the State Mandates Commission; Petition for Writ of Mandate; Appeals; Re -hearing and potential settlement with the State Mandates Commission (collectively, "Mandates Claim"). NOW, THEREFORE, in consideration of the mutual covenants contained herein and of the Recitals, it is mutually agreed by and between the parties as follows: 1. Draft Budget. Co-permittees have prepared a draft budget of presently anticipated costs and expenses associated with pursuit of the Mandates Claim and Page 1 of 27 Memorandum of Understanding the elements thereof, which budget is attached hereto as Exhibit A and incorporated herein by reference ("Draft Budget"). Co-permittees acknowledge that the Draft Budget is based on information presently known, that it is only an estimate of potential costs and expenses, and agree that they will share the actual costs and expenses for the Mandates Claim as outlined herein. 2. Mandates Claim Counsel, Lead Counsel. The work contemplated by this Agreement shall be performed by the legal counsel identified in the attached Draft Budget ("Mandates Claim Co -Counsel"), Co-permittees agree that County Counsel for the County of San Diego shall be identified as lead counsel and that the County of San Diego shall be the Test Claimant in the Test Case. In the event a Test Case is filed, each Co-permittee, including those represented by Mandates Claim Co - Counsel, may join as an Interested Party. 3. Obligations of Co-permittees - Petition to the State Water Resources Control Board. Except with respect to the efforts of Mandates Claim Co -Counsel as addressed in Section 5, below and Exhibit A, Co-permittees, and each of them, shall hold the remaining Co-permittees harmless from costs and expenses associated with the efforts expended by their individual attorneys in this regard. 4. Obligations in Test Case and Associated "Appeals". While County of San Diego shall prepare documents on behalf of Co-permittees for the Test Case and associated "appeals", Co-permittees acknowledge and agree that Mandates Claim Co -Counsel may assist in preparing such documents. All documents shall be distributed to each attorney for Co-permittees for review. In the event a Co-permittee joins as an Interested Party, such joinder documents shall be distributed to all individual attorneys for Co-permittees for review. Except with respect to the efforts of Mandates Claim Co -Counsel as addressed in Section 5, below and Exhibit A, Co- permittees, and each of them, shall hold the remaining Co-permittees harmless from costs and expenses associated with the efforts expended by their individual attorneys in this regard. 5. Cost Sharing by Co-Permittees. Co-permittees agree that the costs and expenses associated with pursuit of the Mandates Claim shall be allocated among the Co-permittees as follows: 5.1 Co-permittees agree to utilize the formula for the allocation of costs and expenses set forth in Section IV.B of that certain NPDES San Diego Regional Stormwater Copermittees Memorandum of Understanding dated December 3, 2001, modified hereinbelow as necessary to eliminate references to entities not party to this Agreement and to individual program cost expenses not allocated by this Agreement. 5.1.1 Ten percent (10%) of the cost shall be divided equally among all Copermittees. Page 2 of 27 Memorandum of Understanding 5.1.2 Forty-five percent (45%) of the cost shall be divided based on population. Population -based costs shall be divided among all Copermittees as follows: 5.1.2.1 The percentage of Population Share Costs for which each Copermittee is responsible shall be calculated by dividing their total population by the combined total population of all participating Copermittees within San Diego County. These percentages shall be calculated using the "Household" population figures of the San Diego Association of Governments (SANDAG) "Population and Housing Estimates" for the year 2000 or as formally updated or amended by SANDAG. 5.1.2.2 The calculation of the County's population shall be based upon the entire population of the unincorporated County. 5.1.3 Forty-five percent (45%) of the cost shall be based on urbanized land area to be divided among all participating Copermittees as follows. 5.1.3.1 The percentage of land area costs for which each Copermittee is responsible shall be calculated by dividing their total urbanized land area by the combined total urbanized land area of all participating Copermittees within the geographic area applicable to the shared program or activity. 5.1.3.2 These totals shall be calculated using the most recently available San Diego Association of Governments (SANDAG) land use statistics. 5.2 Mandates Claim Co -Counsel shall each submit their invoices and statements of work to Lounsbery Ferguson Altona & Peak, Attn: Helen Holmes Peak, on at least on a quarterly basis reflecting such costs and expenses, and the Co- permittees agree that Helen Holmes Peak shall facilitate payment for the same in the same manner and method as the Co-permittees have borne shared technical and associated costs relating to the Permit to date. Work performed by County Counsel as Mandates Claim Co -Counsel shall be accounted for and shall represent a credit in favor of Co-permittee, County of San Diego against its share of Mandates Claim costs and expenses. Co-permittees shall each submit payment for their share of such costs and expenses to Helen Holmes Peak within forty-five (45) days of receipt of Helen Holmes Peak's request for the same. Such costs and expenses shall be deemed to have accrued from and after January 24, 2007. 6. Sharing of Costs with Other Entities When Feasible. To the extent possible, Mandates Claim Counsel shall endeavor to share costs with other entities that may be pursuing their own remedies with respect to the Permit. For example, Co- permittees may share the cost of the transcript of the Regional Board hearings on the Permit with the Building Industry Association. Page 3 of 27 Memorandum of Understanding 7. Conflict of Interest. Co-permittees acknowledge and agree that Mandates Claim Counsel represent individual entities within the Co-permittee group for all purposes. Individual Mandates Claim Counsel may also have unrelated matters pending before other entities within the Co-permittee group. Participation in a joint prosecution of the Mandates Claim as contemplated by this Agreement shall not be considered to constitute representation by counsel for any individual Co-permittee of another Co-permittee, nor shall such participation be grounds to disqualify counsel or experts from representing any Co-permittee. For purposes of pursuit of the Mandates Claim, each individual Co-permittee acknowledges such other representation, or possibility of such other representation, agrees to the participation of Mandates Claim Counsel, and each of them, in the Mandates Claim, and waives any conflict of interest that may arise or be created as a result of the involvement of Mandates Claim Counsel in the Mandates Claim, or between Co-permittees and/or their counsel and experts as a result of this Agreement. 8. Joint Prosecution of Mandates Claim. Co-permittees agree that all communications between Co-permiftee counsel in furtherance of the purpose of this Agreement shall be protected by the attorney -client privilege and the attorney work - product privilege to the fullest extent permitted by the law. Each Co-permittee will take all reasonable steps necessary to protect such communications and information from disclosure to third parties not subject to this Agreement. If such information is demanded by any person, each Co-permittee shall assert all relevant privileges. 9. Withdrawal from Agreement. Any Co-permittee may withdraw from participation in this Agreement upon fifteen (15) days' prior written notice to the other Co-permittees, and payment of its share of costs and expenses incurred through the date of termination. If a Co-permittee withdraws from this Agreement under this paragraph, the withdrawing Co-permittee and the remaining Co-permittees will remain obligated to preserve the confidentiality of all confidential information received from or disclosed to the withdrawing Co-permittee pursuant to this Agreement. A withdrawing Co-permittee will remain obligated under Paragraphs 7 and 8 of this Agreement and will not assert participation in this Agreement as grounds for disqualification of counsel or experts of any Co-permittee and agrees to waive any conflict that may be created between Co-permittees and/or their counsel and experts as a result of this Agreement. A withdrawing Co-permittee will have no other obligation under this Agreement, with the exception of its share of costs incurred through the date of its withdrawal. Upon the withdrawal of any Co-permittee, the remaining Co-permittees shall continue to share costs and expenses in the resultant number of equal shares. 10. Breach. Co-permittees, and each of them, shall have the right, in the event of any breach of any agreement or covenant contained herein by the other parties, to exercise all of the rights and remedies, and to maintain any actions at law or suit in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant. Damages, if any, arising from any breach of this Agreement shall be Page 4 of 27 Memorandum of Understanding limited to the amount due and owing under the cost sharing mechanism set forth in Sections 5 and 6, above, at the time of the alleged breach. 11. Notices. Unless otherwise specifically permitted by this MOU, all notices or other communications required or permitted under this MOU shall be in writing, and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, or sent. by telecopy, provided that the telecopy cover sheet contain a notation of the date and time of transmission, and shall be deemed received: (i) if personally delivered, upon the date of delivery to the address of the person to receive such notice, (ii) if mailed in accordance with the provisions of this paragraph, two (2) business days after the date placed in the United States mail, (iii) if mailed other than in accordance with the provisions of this paragraph or mailed from outside the United States, upon the date of delivery to the address of the person to receive such notice, or (iv) if given by telecopier during business hours when delivered can be confirmed, when delivered. Notices shall be given at the following addresses: To County of San Diego: Attn: Walter F. Ekard County Chief Administrative Officer 1600 Pacific Highway, Room 209 San Diego, CA 92101 Telephone: 619-531-5250 Facsimile: 619-557-4060 To City of Carlsbad: Attn: Lisa Hildabrand, Interim City Manager 1200 Carlsbad Village Drive Carlsbad, CA 92008 Telephone: 760-434-2821 Facsimile 760-720-9461 To City of Chula Vista: Attn: Jim Thompson, City Manager 276 Fourth Avenue Chula Vista, CA 91910 Telephone: 619-691-5031 Facsimile: 619-585-5774 To City of Coronado: Attn: Mark Achenduszko, City Manager 1825 Strand Way Coronado, CA 92118 Telephone: 619-522-7335 Facsimile: 619-522-7846 Page 5 of 27 Memorandum of Understanding To City of Del Mar: Attn: Lauraine Brekke-Esparza, City Manager 1050 Camino del Mar Del Mar, CA 92014 Telephone: 858-755-9313 Facsimile: 858-755-2794 To City of El Cajon: Attn: Kathi Henry, City Manager 200 E. Main Street El Cajon, CA 92020 Telephone: 619-441-1716 Facsimile: 619-441-1770 To City of Encinitas Attn: Phillip E. Cotton, City Manager 505 S. Vulcan Avenue Encinitas, CA 92024 Telephone: 760-633-2610 Facsimile: 760-633-2627 To City of Escondido: Attn: Clay Phillips, City Manager 201 North Broadway Escondido, CA 92025 Telephone: 760-839-4578 Facsimile: 760-839-4578 To City of Imperial Beach Attn: Gary R. Brown, City Manager 825 Imperial Beach Blvd. Imperial Beach, CA 91932 Telephone: 619-423-8303 Facsimile: 619-628-1395 To City of La Mesa Attn: Sandra L. Keri, City Manager 8131 Allison Avenue La Mesa, CA 91941 Telephone: 619-667-1105 Facsimile: 619-667-1131 To City of Lemon Grove: Attn: Graham Mitchell, City Manager 3232 Main Street Lemon Grove, CA 91945 Telephone: 619-825-3800 Facsimile: 619-825-3804 Page 6 of 27 Memorandum of Understanding To City of National City: Attn: Chris Zapata, City Manager 1243 National City Blvd National City, CA 91950 Telephone: 619-336-4240 Facsimile: 619-336-4327 To City of Oceanside: Attn: Peter A. Weiss, Interim City Manager 300 North Coast Hwy Oceanside, CA 92054 Telephone: 760-735-4365 Facsimile: 760-435-3078 To City of Poway: Attn: Rod Gould, City Manager P.O. Box 789 13325 Civic Center Drive Poway, CA 92064 Telephone: 858-668-4500 Facsimile: 858-668-1207 To City of San Diego: Attn: Gerald R. Sanders, Mayor Office of the Mayor City of San Diego 202 "C: Street, 11t Floor San Diego, CA 92101 To City of San Marcos: Attn: Paul Malone, City Manager 1 Civic Center Drive San Marcos, CA 92069 Telephone: (760) 744-1050, ext. 3114 Facsimile: (760) 744-7543 To City of Santee: Attn: Keith Till, City Manager 10601 Magnolia Avenue Santee, CA 92071 Telephone: 619-258-4100 x100 Facsimile: 619-562-0649 To City of Solana Beach: Attn: David Ott, City Manager 635 S. Hwy 101 Solana Beach, CA 92075 Telephone: 858-720-2431 Facsimile: 858-792-6513 Page 7 of 27 Memorandum of Understanding To City of Vista: Attn: Rita Geldert, City Manager 600 Eucalyptus Avenue Vista, CA 92084 Telephone: 760-726-1340 x1401 Facsimile: 760-639-6132 12. No Employment, Partnership. Nothing contained in this Agreement shall be deemed or construed to create an employment, partnership, joint venture or any other similar relationship between the parties hereto or cause Co-permittees to be responsible in any way for the debts or obligations of other individual Co-permittees, or any other person. 13. Authority to Sign. Each Co-permittee warrants and represents that the persons executing this MOU on its behalf has full authority to do so and to bind such Co-permittee to perform pursuant to the terms and conditions of this Agreement. 14. Counterparts. This Agreement may be signed in multiple counterparts with the same force and effect as if all original signatures appeared on one copy; and in the event this Agreement is signed in counterparts, each counterpart shall be deemed an original and all of the counterparts shall be deemed to be one agreement. 15. Severability. If any portion of this Agreement shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law if enforcement would not frustrate the overall intent of the parties (as such intent is manifested by all provisions of the Agreement, including such invalid, void or otherwise unenforceable portion). 16. Attorneys' Fees. Should any litigation (including any proceedings in a bankruptcy) or arbitration be commenced between the parties hereto or their representatives conceming any provision of this Agreement or the rights and duties of any person or entity hereunder, the party or parties prevailing in such litigation or arbitration shall be entitled, in addition to such other relief as may be granted, to the attorneys' fees and court or arbitration costs incurred by reason of such litigation or arbitration, including attorneys' fees and experts' fees incurred in preparation for or investigation of any matter relating to such litigation or arbitration. 17. Applicable Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. 18. Headings. The headings in this Agreement are inserted only as a matter of convenience, and in no way define, limit, extend or interpret the scope of this Page 8 of 27 Memorandum of Understanding Agreement or of any particular provision hereof. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. THE COUNTY OF SAN DIEGO By: John Sansone County Counsel Approved as to Form: Mary Jo Lanzafame Senior Deputy County Counsel County of San Diego [THIS SPACE INTENDED TO BE BLANK] Page 9 of 27 Memorandum of Understanding FETING DATE May 6, 2008 City of National City, California COUNCIL AGENDA STATEMENT 16 AGENDA ITEM NO. ITEM TITLE Warrant Register # 39 for the period of 03/19/08 through 03/25/08 in the Amount of $1,251,598.10 PREPARED BY D. Gallegos -Finance DEPARTMENT Finance EXT. Jeanette Ladrido EXPLANATION 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 03/19/08 through 03/25/08. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation Public Emp Retirement 219981 236,612.07 Employee Retirement PPE 3/10/08 (Environmental Review N/A MIS Approval Financial_Statement Not applicable. Approved By: Finance Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $ 1,251,598.10 BOARD / COMMISSION RECOMMENDATION �lc�zLL2A/r✓ ,:erxele.61 1. Warrant R ster#39 ^ATTACHMENTS ( Listed Below) Resolution No. A-700 (Hev. 7/03) 1/5 WARRANT REGISTER ti 39 3/25/2008 PAYEE DESCRIPTION CHK NO DATE AMOUNT TRISTAR RISK 1v1ANAGEMEN1' REFUND CLAIM#05NAT00476 219894 3/20/2008 25,000.0O GONZALES REJECTED DIRECT DEPOSIT PAY 219895 3/20/2008 717.29 SILVA 125 PLAN REIMBURSEMENT 219896 3/25/2008 1,300.00 AEARO CO/AOSAFF:1'Y SAFETY GLASSES 219897 3/25/2008 53.78 AHLEE I3ACKFLOW SERVICE ANNUAL BACKFLOW TESTING 219898 3/25/2008 93.00 AJRGAS-WEST MOP 45714 RECREATNL SUPPLIES 219899 3/25/2008 61.21 AMERICAN PLANNING ASSOCIATION APA MEMBERSHIP / PLANNING 219900 3/25/2008 519.00 ASIAN JOURNAL ADVERTISING/JOB OPPORTUNITIES 219901 3/25/2008 180.00 vl'&T/MCI PIIONE XXX-2741 1/01- 2/06/08 219902 3/25/2008 424.57 AUSTIN DOORS CITY-WIDE DOOR REPAIRS CITY WIDE 219903 3/25/2008 551.25 BANK OF AMERICA CREDIT CARD EXI'/MGM'T 219904 3/25/2008 202.27 BAVENCOFF SUBSISTENCE/SHOOTING INVEST 219905 3/25/2008 920.02 BERTRAND'S MUSIC MART TUBA REPAIR 219906 3/25/2008 80.00 III() SHIELD ENVIRONMENTAL NC -DECONTAMINATION SERVICES 219907 3/25/2008 1,380.00 13RAZ11.IAN MUSIC PUBLICATIONS SI WET MUSIC FOR BAND CONCER IS 219908 3/25/2008 274.50 13RA/ILIAN MUSIC PUBLICATIONS SIIT1E1' MUSIC FOR BAND CONCERTS 219909 3/25/2008 20.00 CALIFORNIA COMMERCIAL SECURITY MOT' #45754 BLANK KEYS 219910 3/25/2008 132.53 CALIFORNIA ELECTRIC SUPPLY MOP #45698 El IiORESCENT LAMP 219911 3/25/2008 440.63 CAROL.INE'S FLOWERS PLANT FOR FUNERAL. 219912 3/25/2008 54.37 CHILDREN'S }IOSP11AL CHILD SEXUAL. ABUSE EXAMS 219913 3/25/2008 772.00 (ANGULAR WIRELESS PD WIRELESS DATA CONNECTION 219914 3/25/2008 806.80 ,.ITT' OF CARLSBAD RADAR & LIDER OPERATOR COARSE 219915 3/25/20(18 105.00 CITY OF CI It ILA VISTA ANIMAL SHELTER COSTS - FE13 20)8 219916 3/25/2008 8,403.21 CITY OF NATIONAL. CITY PETTY CASH JAN'08 AND FEI3'08 219917 3/25/2008 846.96 PAYEE CITY TREASURER OF S 1) ('I'IY-WIDE ELECTRONICS CLEAN HARBORS COMMUNITY DEVELOPMENT COPY POST PRINTING CORPORATE EXPRESS COUNTY OF SAN DIEGO ('1'S CSIILB FOUNDATION CURBSIDE, EN('. DATA TICKET INC DEPARTMENT OF JUSTICE DIXIEL.INE LUMBER C.O. DREW FORD DSL EXTREME EISER III EISER 1I1 EMPIZO FEDIiX FEDFX KINKO'S FERNANDEZ GELSKEY GONZALES HAMPTON INN WARRANT REGISTER 4 39 3/25/2008 DESCRIPTION PARKING TICKET ttP100331933 ALARM MONITORING SVCS FOR (:1'IY 1-EAZARDOEJS WASTE PICK LIP SAL & BEN REIMB - FINANACE STAFF POSTER WARD MOP 45704 OFFICE SUPPLIES MAIL SVCS - JAN/FEB 14 2008 GOVERNMENTAL PURPOSES 1 U1'ITON/PIELU EVID TECI I COURSE COLLECl/RECYCLE FLOURSCENT TUBES PC PROCESSING, APPEALS - JAN 2008 NEW EMPLOYI E FINGERPRINT MOP 45707 TRAINING MOP 449078 KNOB, SWITCH DSL INI'ERNET LINE FOR REC CNTR TRAVEI. I•:XP/C.P.PROG SEMINAR TRAVEI. EXI'/ANNUAL. CONFERENCE 125 I'I,AN REIMBURSEMENT I F('I1 PERSONNEL SERV ICES 3 X 5 CARDSTOCK MAILERS DFPOSET#1207 2130 J AVENUE SUBSISTENCE/CIIILD EXPLOITATION MEAL. ALLOWANCE/WORKSHOP 'AFC FIRE RESCIIF: MED CONE 2/5 CHK NO DATE AMOUNT 219918 3/25/2008 50.00 219919 3/25/2008 195.00 219920 3/25/2008 930.00 219921 3/25/2008 4,674.10 219922 3/25/2008 32.63 219923 3/25/2008 420.63 219924 3/25/2008 4,763.52 219925 3/25/2008 782.50 219926 3/25/2008 669.E 219927 3/25/2008 313.20 219928 3/25/2008 3.874.51 219929 3/25/2008 768.00 219930 3/25/2008 560.23 219931 3/25/2008 354.03 219932 3/25/2008 53.88 219933 3/25/2008 531.52 219934 3/25/2008 143.42 219935 3/252008 975.00 219936 3/25/2008 38.85 219937 3,25/2008 239.56 219938 3/25./2008 100' 219939 3/25/2008 536.02 219940 3/25/2008 150.00 219941 3/25/2008 664.90 3/5 WARRANT REGISTER ER # 39 3/25/2008 PAYEE DESCRIPTION CHK NO DATE AMOUNT HARRIS & ASSOCIATES FEB 2008 SERVICES 219942 3/25/2008 2,810.00 HARRIS & ASSOCLATES 8TH ST BET K & N AVE, FEB 2008 SVC 219943 3/25/2008 14,690.00 HENDRICKS MI) TO REPLACE STALE DID W/C CKS 219944 3/25/2008 766.71 HERNANDEZ 125 PLAN REIMBURSEMENT 219945 3/25/2008 2,000.00 HORIZON I IEAI.TII I.AP EMPLOYEE ASST PROGRAM 219946 3/25/2008 873.52 IDENTIX INC NEW EMPLOYEE FINGERPRINT 219947 3/25/2008 44.00 IKON OFFICE SOLUTIONS MAINTENANCE FOR DUPLICATOR 219948 3/25/2008 125.00 INFRASTRUCTURE ENGINEERING 10/1-10/262008 SERVICES 219949 3/25/2008 20,258.13 NKO'S NATIONAL BOOK 1, FS BW SS STANDARD 219950 3/25/2008 46.53 KLOS SUBSISTENCErTECH COURSE 21995I 3/25/2008 1,536.00 LA PRENS.A SAN DIE(GO ADVERTISING/JOB OPPORTIiNI'I'Y 219952 3/25/2008 70.11 LASER SAVER INC MOP 45725 TONER COMPATIBLE 219953 3/25/2008 85.75 LIEBERT CASSIDY WHITMORE TRAINING WORKBOOK 219954 3/25/20(18 59.26 LOPEZ TRANSLATION SVCS ON 3/18/08 219955 3/25/2008 150.00 MAC TOOLS INC RA'ICI1I:TING SCREWDRIVER 219956 3/25/2008 108.74 MAGGIORA 125 PLAN REIMBURSEMENT 219957 3/25/2008 119.30 MAN K-9 INC. MAINTENANCE TRAINING-FEB 2008 219958 3/25/2008 800.00 MARSHAI.I. MUSIC NATIONAL CITY CONCERT BAND 219959 3/25/2008 242.90 MARTINE/ "TRAVEL EXP/PHYSICAL AGII.ITY 219960 3/25/2008 29.10 MAYI.E, HOWARD 2/26/08- 3/10/08 SERVICES 219961 3/25/2008 4,000.00 MELO POLICE RECORDS CLERK ('O11RSI 219962 3/25/2008 736.96 ME1ROCALL PDPAGERS 219963 3/25/2008 751.72 MILE OF CARS ASSOCIATION FY07-08 APPOKI'IONMT:Nl'#8 DID 219964 3/25/2008 9,835.51 MORGAN SQUARE INC FY07-08 APPOR TIONMENI#8 DID 219965 3/25/2008 4,220.12 4/5 WARRANT REGISTER # 39 3/25/2008 PAYEE DESCRIPTION CHK NO DATE AMOUNT MULTI -BANK SERVICES I:I'D 1RADE SETTLING CHARGES 219966 3/25/2008 99.81 N C CHAMBER OF COMMER(7E ANNIJAI. MEMBERSHIPS 219967 3/25/2008 65.00 NAPA AUTO PARTS M01' 445735 ELECTRICAL SWITCH 219968 3/25/2008 9.90 NARVAEZ SR DEPOSPI'# 1132 2035 LANOITAN AVE 219969 3/25/2008 1,096.80 NATIONAL CITY CAR WASII CAR WASHES FOR CITY FLEET 219970 3/25/2008 304.00 NATIONAL CITY DETAIL SI I0I' MOP 445737 AUTO DETAIL 219971 3/25/2008 65.00 NATIONAL CITY TROPIIY MOT' 66556 RECREATIONAL SUPPLY 219972 3/25/2008 129.79 NATW MEMBERSHIP & SUBSCRIPTIONS 219973 3/25/2008 25.00 NEXUS INTEGRATED SOLUTIONS IN HOUSE PHONE MAINTENANCE/SVC 219974 3/25/2008 236. NIXON I'.GI.I EQUIPMENT CO. SWEEPER REPAIR PARTS 219975 3/25,2008 1,593.56 ONE SOURCE DISTRIBUTORS MOP 467256 ELECTRICAL. MATERIAL 219976 3/25/2008 196.08 ORKIN I'EST CONTROL. PEST MAINTENANCE NANCE FOR CITY BLDG 219977 3/25/2008 273.75 OTTER DISTRIBUTOR AND SALES N C COMMUNITY CONCERT BAND 219978 3/25/2008 160.29 011CI I1'S POWER EQUIPMENT MOP #45740 BRAKE BAND 219979 3/25/2008 6.58 PRUDENTIAL OVERALL SUPPLY MOP 45742 CLEANING SERVICES 219980 3/25/2008 53.36 PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 03-08-3 219981 3/25/2008 236.312.1)7 RBC MUSIC N C COMMUNITY CONCERT BAND 219982 3/25/2008 50.00 REGIONAL TRAINING CENTER TUITION/RECORD CI..ERK COARSE 219983 3/25•2008 988.00 SAN DIEGO MIRAMAR C0I,I,E1i1i TUITION/P S D BASIC ACADEMY 219984 3/25/2008 390.00 SD ASSOCIATION OF PUBLIC TUITION/CAL NENA ('ONPFRENU-: 219985 3/25/2008 55.00 SD COUNTY SCHCX)I.S CI.AIM/S.U.I1.S. DISTRICT V. (' OF NC 219986 3/25/2008 2.800.r" SD REGIONAL, PIJBI.IC SAP► FY PEATY CASH REFIIND 219987 3'2512008 5.00 SDMSE SAN DIFGO PROJ IIEAR'CBEA) CONTRACT SERVICES 219988 3/25/2008 330.00 SILVA POLICE RECORDS CLERK COURSE 219989 3/25/2008 736.96 5/5 WARRANT REGISTER # 39 3/25/2008 PAYEE DESCRIPTION CHK NO DATE. AMOUNT SORIANO 125 PLAN REIMBURSEMENT 219990 3/25/2008 1,766.14 S'IRA7'ACOM MOP 63845 ROOKS CORRECTION 219991 3/25/2008 327.77 SUN BADGE COMPANY INC. P200 SUNTONE FLAIRADGF. 219992 3/25/2008 680.85 SW1•;E WATER AUTHORITY FACILITIES DIVISION 219994 3i25/2008 9,482.18 TIIIi IIGHTHOUSF;, INC. MOP #45726 ELIiCIRICAI, MATERIALS 219995 3/25/2008 15.74 II IE STAR NEWS ADVERTISING/JOB OI'l'OR'I'I INITY 219996 3/25/2008 300.60 THIRD DEGREE COMMUNICATIONS TUITION/CHILD EX1' COURSE 219997 3/25/2008 345.00 TOMARK SPORTS TENNIS NETS WITH CENTER STRAP 219998 3/25/2008 197.98 S HEALTHWORKS MEDICAL SERVICES 219999 3/25/2008 950.00 WATERI,INE TECHNOLOGIES CHEMICALS FOR MUNICIPAL POOL. 220000 3/25/2008 1,174.82 WES'1'FLEX INDUSTRIAL MOI' #63850 IIOSE 220001 3/2512008 92.96 WILLY'S ELECTRONIC SUPPLY MOP #45763 FLASHLIGHT IT 220002 3/25/2008 84.14 YOUNG SUPERVISORY COARSE 220003 3/25/2008 256.00 ZEE MEDICAL, INC. 1ST AID SUPPLIES FOR RECREATION 220004 3/25/2008 302.27 Total A/I' 391,476.65 PAYROLL Pay period Start Date End Date Check Date 6 2/26/2008 3/10/2008 3/19/2008 860,121.45 GRAND TOTAL. 1,251,598.10 Warrant Register # 39 3/25/2008 001 GENERAL FUND 918,523.36 104 LIBRARY FUND 32,121.61 105 PARKS MAINTENANCE FUND 22,488.80 109 GAS TAXES FUND 4,581.32 111 P.O.S.T. FUND 6,234.44 125 SEWER SERVICE FUND 39,327.63 130 EMT-D REVOLVING FUND 3,132.90 136 TINY TOT CLASSES FUND 72.28 158 SWIMMING POOL REVOLVING FUND 275.22 171 LIBRARY SCHOOL DISTRICT CNTRCT 778.47 172 TRASH RATE STABILIZATION FUND 2,700.74 173 NATIONAL SCHOOL DIST CONTRACT 2,726.06 174 SWEETWATER SCHOOL DIST CONTRAC 2,059.79 191 STOP PROJECT 1,967.83 212 PERSONNEL COMPENSATION FUND 808.63 230 ABANDONED VEHICLE ABATEMENT GRANT 2,987.97 246 WINGS GRANT 32,636.47 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 3,720.68 282 REIMBURSABLE GRANTS CITYWIDE 280.18 290 POLICE DEPT GRANTS 3,706.80 294 HUD HEALTHY HOMES GRANT 1,865.85 301 GRANT-C.D.B.G. 5,061.02 302 CDC PAYMENTS 37,914.16 307 PROPOSITION A" FUND 9,897.22 320 LIBRARY GRANTS 6,230.53 345 TRAFFIC CONGESTION RELIEF 5.94 626 FACILITIES MAINT FUND 27,281.49 627 LIABILITY INS. FUND 33,571.00 628 GENERAL SERVICES FUND 5,661.65 629 INFORMATION SYSTEMS MAINTENANC 4,294,23 631 TELECOMMUNICATIONS REVOLVING 4,978.57 632 GENERAL ACCOUNTING SERVICES 19,125.99 643 MOTOR VEHICLE SVC FUND 13,382.47 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 1,196.80 Total $1,251,598.10 ...eETING DATE May 6, 2008 City of National City, California COUNCIL AGENDA STATEMENT 17 AGENDA ITEM NO. (-ITEM TITLE PREPARED BY EXPLANATION Warrant Register # 40 for the period of 03/26/08 through 04/01/08 in the Amount of $116,165.25 D. Gallegos -Finance DEPARTMENT Finance EXT. Jeanette Ladrido 6 19-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 03/26/08 through 04/01/08. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation ( Environmental Review N/A MIS Approval Financial Statement Not applicable. Approved By: Finance Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $ 116,165.25 BOARD / COMMISSION RECOMMEN 1. Warrant Re er #40 ATTACHMENTS ( Listed Below) Resolution No. L. A-200 (Rev. //03) 1 of 4 WARRANT REGISTER # 40 4/1/2008 Payee Description chk no chk date Amount COMFORT INN & SUITES NFBPA CONFERENCE 220005 4/1/08 284.34 1800-RADIA1OR AUTOMOTIVE PARTS 220006 4/1/08 96.79 ACEDO RETIREE 'LEALIIIBENEFIT APR 2008 220007 4/1/08 160.00 ALLEN RETIREE HEAT, I'I I BENEFIT APR'08 220008 4/1/08 125.00 AMERICAN BACKFLOW SPECIAL IIFS LABOR, CALIBRA170N 220009 4/1/08 120.50 ASBURY ENVIRONMENTAL. SERVICES 130210660 - USEI) OIL/ SVC CHG 220010 4/1/08 267.54 BANK OF AMERICA CREDIT CARD FXI'/ CMO 220011 4/1/08 980.84 BOYD RETIREE HEALTI I BENEFIT APR'08 220012 4/1/08 145.00 C W REED JR RETIREMENT 2000964-S90 APR'08 220013 4/1/08 1,051.30 '41,IFORNIA COMMERCIAL. ASPHALT MIRAMAR 3/8 TYPE 111 D 220014 4/1/08 376.37 AI.IFORNIA PARK & RECREATION 2008 MEMBERSHIP/COMM SVCS 220015 4/1/08 155.00 CI IELIUS SUBSISTENCE: & TRAVEL EXP'I'l) 220016 4/1/08 640.00 CLEAN HARBORS HAZARDOUS WASTE PICK UP 220017 4/1/08 377.00 CONDON RETIREE III:AI;1H BENEFIT APR118 220018 4/1/08 280.00 CORPORATE EXPRESS MOP 45704 OFFICE SUPPLIES 220019 4/1/08 62.02 DE LA ROSA REFL'NI) PRE -BALLET CLASSES 220020 4/1/08 56.00 DEFRATIS RFTTI(EE HEALTH BENET" IAPR'08 220021 4/1/08 120.00 DEPARTMENT OF CONSERVATION SMII' FEES FOR TERM AI'R "TO DEC'07 220022 4/1/08 7,852.40 DICERCIIIO RETIREE HEALTH BENLFI'I' APR'08 220023 4/1/08 70.00 DISCOUNT SPECIALTY CHEMICALS QIJEST ROUGH TOUCH IIAND SOAP 220024 4/1/08 115.09 DREDGE RETIREE IIEALTI-1 BFNITI I APR'08 220025 4/1/08 250.00 EWERT, PI III.I.IP RETIREE HEALTH BENEFIT APR'08 220026 4/1/08 160.00 GENERATOR POWER SYSTEMS BLOCK HEATER 220027 4/1/08 496.76 GONZAI I{S II IN 2008 CONFERENCE: EXP/PD 220028 4/1/08 200.00 -')NZAI,F✓ REPLACE RETURNED DIRECT DEPOSIT 220029 411/08 1,129.32 1 Pavcc HAMILTON I IEBER I HOLLOWAY INTERNATIONAL SERVICES IN IERNATL TRAINING RESOURCE JC "TOWING KIMBI.E WARRANT REGISTER # 40 4/1 /21108 Description RETIREE HEALTH BENEFIT APR'08 TRAVEL EXP REIMBrPD RETIREE HEALTH BENEFIT APR'08 FINGERPRINT OFFICER CI EARANCE TUITION/SWAT TEAM L COl1RSE/PD MOP 468862 TOWING CIIARGFS RETIREE HEALTII BENEFIT APR'08 KOLANDA RETIREE HEALTH BENEFIT APR'08 LANDSCAPE SOLUTION WAREHOUSE SPRINGER HEADS LEAGUE OF CALIFORNIA CITIES LIEBERTCASSII)Y WHIIMORE I.CC SPRING CONE CITY A LEGAL SERVICES FEB 2008 LIEBFRT CASSIDY WI IITMORE EMPLOYMENT LAW CONFERENCE MASON'S SAW K LAWNMOWER SRVC MOP 945729 TRIMMER, ENGINE 011, MA IENZO RETIREE HEALTH BENEFIT APR'08 MCCABE RETIREE HEALTH BENEFIT APR'08 MCGINI.EY TRAVEL EXP REIMB/PD MURRAY RETIREE HEALTH BENEFIT APR'08 MYERS RETIREE HEALTH BENEFIT APR'08 NAJAR REFUND/REJECTED DIRECT DEP NATIONAL, FORUM FOR BLACK NFBPA MEMBERSHIP/CMO NAI1ONAI. TRIJST FOR HISTORIC NTI IP MEMBERSHIP/PLANNING NORTI IROP GRUMMAN CORPORATION BASIC MAINTENANCE FOR PD'S RMS NOSAI., WII.I.IAM A. RETIREMENT SETTLEMENT APR'08 ONE, SOIIRCE DISTRIBUTORS OUCHES POWER EQUIPMENT MOP N67256 ELECTRICAL MATERIALS MOP #45740 4" IAP HEAD ASSEMBLY 2 of 4 chk no chk date Amount 220030 4/1/08 100.00 220031 4/1/08 758.06 220032 4/1/08 150.00 220033 4/1108 81.00 220034 4/1/08 575.00 220035 4/1/08 150.00 220036 4/1/08 300.00 220037 4/1/08 135.00 220038 4/1/08 298.07 220039 4/1/08 1,530.0(. 220040 4/1/08 1,300.00 220041 4/1/08 445.00 220042 4/1/08 216.18 220043 4/1/08 100.00 220044 4/1/08 280.00 220045 4/1/08 258.06 220046 4/1/08 150.00 220047 4/1/08 140.00 220048 4/1/08 101.89 220049 4/1/08 175.00 220050 4/1/08 20.00 220051 4/1/08 34,892.69 )20052 4/1/08 992.29 220053 4/1/08 74.63 220054 4/1/08 326.6( 3 of 4 WARRANT REGISTER # 40 4/1/2008 Payee Description chk no chk date Amount PACIFIC SCENE HOMES REFUND/USE OF FACILITIES OVERPAY 220055 4/1/08 100.00 PALMER TRAVEL EXP REIMBiPD 220056 4/1/08 250.06 PAIR) RETIREE HEALTH BENEFIT APR'118 220057 4/1/08 340.00 PERRY EORD MOP 445703 SMOG INSPECTION 220058 4/1/08 1,353.40 PICKET. REFUND/BUILDING PERMIT 220059 4/1/08 196.00 PMW ASSOCIATES BUDGETING FOR POLICE DEP 220060 4/1/08 51.00 POTTER RETIREE HEALTH BENEFIT APR'08 220061 4/1/08 150.00 POWI?RS'IRIDE BATTERY CO INC MOT' 467839 BATTERIES 220062 4/1/08 401.71 PROCHEM SPECIALTY PRODUCTS INC AQUEOUS PARTS CLEANER 220063 4/1/08 264.48 '111DENTIA1. OVERALL, SUPPLY MOP #45742 UNIFORMS - STREET 220064 4/1/08 690.76 QUAI.A-IEL ENTERPRISES COMMUNICATIONS EQUIPMENT 220065 4/1/08 41.51 RAND MCNALLY & CO. THOMAS BRO'1'l IERS MAI'S 220066 4/1/08 2,120.63 RANDALL RETIREE I IFAI:IT I BENEFITS APR'08 220067 4/1/08 140.00 RAY RETIREE. I IEAI.Il1 BIiNEFI IS APR'08 220068 4/1/08 190.00 RIVERSIDE COI INTY SHERIFF DEI'T BASIC SR() COI RSI•: EXI'iPD 220069 4/1/08 105.00 RON BAKER CIIEVROLICI'-GFO-ISIJZU MOP #45751 COMPARTMENT 220070 4/1/08 221.39 ROOF CONSTRIICTION CITY-WII)1•, R(X)F REPAIRS 220071 4/1/08 3,948.00 RIJIZ RETIREE IIEALTTIBENEFITS APR'08 220072 4/1/08 310.00 SAN DII•:GO MIRAMAR COLLEGE BASIC COURSE-INTENSIVE./PD 220073 4/1/08 1,050.00 SAN DIEGO WINDOW CLEANING V✓►NIX)W CLEANING FOR CITY BLDG 220074 4/1/08 402.00 SDG&I. FACILITIES DIVISION 220075 4/1/08 13,670.76 SHORT, CRAIG RETIREE. IIEAI:III BENEFITS APR'08 220076 4/1/08 300.00 TASFR INTERNATIONAL., INC. REPAIR TASER 220077 4/1/08 75.00 TETRA TECH ISO NI DDI'OSII'#788 M&N AVE tii,. 9IH ST 220078 4/1/08 550.00 EI1(A TECH ISG 41 DIT'OSII'# 1184 940 161 H STREET 220079 4/1/08 549.54 3 4 of 4 WARRANT REGISTER # 40 4/1/2008 Payee Description chk no chk date Amount THE I.16111'HOIJSE, INC. MOP 445726 SPOTLIGHT 220080 4/1/08 286.37 TOM MOYNAIIAN MOP 445734 TOWING CHARGES 220081 4/1/08 160.00 TOPECO PRODUCTS MOP'#63849 BOI:Is, WASIIERS 220082 4/1/08 46.53 URBAN PlJ"IIiRES FINANCIAL ADVISORY SVCS/CMO 220083 4/1/08 5,000.00 VALENZUEI.A REFUND PRE -BALLET CLASSES 220084 4/1/08 112.00 VALLEY INDIJSiRIAL SPECIALTIES MOP #46453 PLUMBING MATERIAL. 220085 4'1/08 820.98 WALTERS REG OFFICER TRAINING EXP/PD 220086 411/08 68.92 WOOD & WOOD CLAIM/FRJSBIE V. CITY OF NC 220087 4/1/08 14,456.49 WOOD & WOOD CLAIM/GONZAI.k7. V. OFFICER ONE 220088 4/1108 6,914.00 WOOD & W'OOI) CLAIMiA. FLORES V. J C PENNEY 220089 4/1/08 1,612.00 ZIETI,OW, DAVID RETIREE !WAIT!! BENEFITS APR'08 220090 4/1/08 150.00 ZUMAR ININIs RIE-:S SPECIAL SIGNS 220091 4/1/08 445.98 Total $ 116,16.5.25 Grand Total 116,165.25 4 Warrant Register # 40 4/9/2008 001 GENERAL FUND 22,073.20 105 PARKS MAINTENANCE FUND 672.27 109 GAS TAXES FUND 445.98 111 P.O.S.T. FUND 1,526.10 125 SEWER SERVICE FUND 60.72 172 TRASH RATE STABILIZATION FUND 377.00 212 PERSONNEL COMPENSATION FUND 6,288.59 253 RECREATIONAL ACTIVITIES FUND 168.00 302 CDC PAYMENTS 80.04 626 FACILITIES MAINT FUND 19,215.43 627 LIABILITY INS. FUND 22,982.49 629 INFORMATION SYSTEMS MAINTENANC 37,013.32 643 MOTOR VEHICLE SVC FUND 4,162.57 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 1,099.54 Total 116,165.25 City of National City, California COUNCIL AGENDA STATEMENT ...FETING DATE May 6, 2008 18 AGENDA ITEM NO. (-ITEM TITLE PREPARED BY EXPLANATION Warrant Register # 41 for the period of 04/02/08 through 04/08/08 in the Amount of $1,472,014.75 D. Gallegos -Finance DEPARTMENT Finance EXT. Jeanette Ladrido 61 9-336-1.331 Per Government Section Code 37208, attached are the warrants issued for the period of 04/02/08 through 04/08/08. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Health Net Kaiser Foundation Portillo Concrete Payroll Check# 220141 220151 220170 various Amount 65,622.09 134,865.34 159,000.00 935,025.02 Explanation Health Ins — Apr 2008 Health Ins — Apr 2008 Misc Concrete Svc -Feb 08 PPE 03/24/08 Environmental Review N/A MIS Approval L Financial Statement Not applicable. Approved By: Finance Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $ 1,472,014.75 BOARD / COMMISSION RECOMMENDATION e/ j'� 1. Warrant �R / i� , / //star #41/7.6 t2 ATTACHMENTS ( Listed Below) Resolution No. A-200 (Hey 7/03) PAYEE 1/4 WARRANT REGISTER # 41 4/8/2008 DESCRIPTION CHK NO DATE AMOUNT RELIANCE STANDARD VG180848 VTL FEBRUARY 2008 220092 4/7/08 2,400.14 AIRGAS-W'ESI MOP 45714 RATCI IICI'.SAFEIN HAT 220093 4/8/08 139.67 ALCEM FENCE CO.. IN(', REPLACE FENCING BAYSHORE PAD! 220094 4/8/08 9,470.00 ALVAREZ REFI INU/RECREATION CLASSES 220095 4/8/08 28.00 ANDERSON WEBSITES COURSE EXPI131) 220096 4/8/08 156.0(1 APT US&C A.P.T. MI?MUERSI1II'/TREASURER 220097 4/8/08 207.00 AT&T/MCI PHONE XXX-7549 FIFB 2(808 220098 4/8/08 7,358.21 AT&T/MCI PHONE XXX-0986 03%07-04/06/08 220099 4/8/08 2,606.89 AT&L7v1C1 PIIONE XXX-6700 220100 4/8/08 18.22 BENNEIT BROTIIERS, INC. SERIES I (GENIRAI. COVER) 220101 4/8/08 4(15.00 1I.ACI:1E'S TROPHIES & AWARDS MOP 67727 NAME. TAGS 220102 4/8/08 32.63 BROADWAY AIITO ELECTRIC ELECTRICAL PARTS FOR VEHICLES 2201(13 4/8/08 161.63 CAPE FIRF./1.I7) APRII. 2008 220104 4/8/08 640.00 CAI, EXPRESS COURT FILING/ATTORNEY 220105 4/8/08 19.20 CALIFORNIA COMMERCIAL SECURITY MOP #45754 CAM I.00K 220106 4/8/08 163.30 CALIFORNIA ELECTRIC SUPPLY MOP #45698 I(LECIRICAL MATERIAL 220107 4/8/08 137.66 CALIFORNIA LAW ENFORCEMENT PD/LTD APRIL 2008 220108 4/8/08 1,813.50 CALIFORNIA RESERVE PEACE LEGAL SUPPORT & MEMBERSHIP/PD 220109 4/8/08 648.00 CAMEON ICI CORE COURSE REIMB/I'D 220110 4/8/08 80.(8) CAROI.INI'S FLOWERS SYMPATHY PLANT/COUNCIL 22(1111 4/8/08 81.56 CARQUEST AUTO PARTS MOP #47557 BRAKE ROTORS 220112 4/8/08 313.12 CCH GOVERNMENTAL GAAP GI TIDE FIN 220113 4/8/08 216.91 (:ER EVIDENCE BENCHBK ORDERIATTY 220114 4/8/08 156.02 CEB INTRODUCTION OF EVIDENCE/AM 220115 418/08 133.40 CEB CA LAW OF CONTRACTS/A I'J Y 2201 16 4/8/08 108.61 ,:I IRISTTANSEN AMUSEMENTS REFUND FOR T.U.P. BOND 22(11 17 4/8108 2,500.00 CINGULAR WIRELESS I'I) WIRELESS UAI'A CONNECTION 220118 4/8/08 491.12 CITY TREASURER OE S I) I'AYM'T OF S 1) PARKING TICKET/PD 220119 4/8/08 25.0(1 2/4 WARRANT REGISTER # 41 4/8/2008 PAYEE DESCRIPTION CHK NO DATE AMOUNT COMMUNITY DEVELOPMENT SAT. Sc. BEN REIMB MAR'08/FIN DEP 220120 4/8/08 2.337.(13 CONSTRUCTION ELECTRONICS INC PD .ALARM ACCESS SVC - APRIL 2008 220121 4/8/08 843.55 CORKILL REFUND/RECREATION CLASSES 220122 4/8/08 28.00 CORPORATE EXPRESS MOP 45704 OFFICE. StIPPI,IPS 220123 4/8/08 1.981.00 CSULB FOUNDATION TECI INICIAN COURSE EXP/PD 220124 4/8/08 669.00 DAPPER 'FIRE COMPANY TIRES 220125 4;8/08 2.195.73 DELTA DENTAL DENTAL INS APR 2008 220126 4/8/08 15.076.46 DEPARTMENT OF CONSERVATION S.M.LP LIABILI TY/GEN FUND 220127 4/808 2260.52 DIXIELINE LUMBER CO. MARKING PAINT APWA WHITE 220128 4/8/08 482.94 DONSTON NATIONAL CITY CONCERT BAND 220129 4/8/08 100.00 DREW FORD MOP #49078 SWITCH ASSEMBLY 220130 4/8/08 52.(. EMERGENCY EQPT.ENGINEERING BEI,T/l'ANT/CI TITS/STANDARD 220131 4/8/08 5,17.30 EXPRESS TEL LONG DISTANCE PHONE 220132 4/8/08 231.34 FEDEX FEDEX PRIORITY OVERNI(i1TI/ATI'Y 220133 4/8/08 31.35 EEN'TON EXEC ('OMMlr1'I : MEP:TING/ATIY 220134 • 4/8/08 12.0.70 FERGUSON ENTERPRISES, INC MOP #45723 ELECTRICAL MATERIAL 220135 4/8/08 210.11 FISHER DEVELOPMENT REFUND/AFTER-HOl114 INSPECTION 220136 4/8/08 202.65 FLEET SERVICES. INC MOP #67804 BRAKE VALVES 220137 4/8/08 88.80 GARCIA REFUND/RECREATION CLASSES 220138 4/8/08 28.00 GRAINGER MOP #65179 WORK LIGHT, HOSE 220139 4/8/08 325..81 GROSSMAN PSYCHOLOGICAL ASSIST PROGRAM APR/MAY/JUN 2008 220140 4/8/08 2.697 50 I ZEAL I I I NET I IEAI:IN INS H0067A AI'R 2008 220141 4/8/08 65,622.09 FIEALTH NET HEALTH INS APR 2008 57135J 220142 4/8/08 1,028.91 HEALTH NET HEALTH -FULL NETWORK 57135A 220143 4/8/08 10.431 41 IIIiAI:IIINRI III:AI:III-RI•:TINS 110067EAPR'08 220144 4/8/08 2,830.8' HEALTH NET IIEAI.TITNET RETIREES 57135F APR'08 220145 4/8/08 613 6(1 INDEPENDENT FORENSIC SVS SART EXAMS 220146 4/8118 850.00 INI'L HISPANIC NETWORK II IN CONE REGISI/GEN FUND 220147 4/8/08 1,554.00 INTERNATL"'RAINING RESOURCE TACTICS TNST COURSE EXP/PD 220148 4/8/08 425.00 PAYEE 3/4 WARRANT REGISTER # 41 4/8/2008 DESCRIPTION CIHK NO DATE AMOUNT IRON MO1jNTA1N RECORDS MNGMT & DOCUMENT STORAGE 220149 4/8/08 105.00 JOHN DEERE LANDSCAPES MOP #69277 SPRAYER BACKPACK 22015(1 4/8/08 265.61 KAISER FOUNDATION KAISER INS ACTIVE APRIL 2008 220151 4/8/08 134,865.34 KAISER FOUNDATION KAISER REF INS APR 2008 220152 4/8/08 4.325.40 LASER SAVER INC MOP 45725'IONER CARTRIDGES 220153 4/8/08 440.23 I,ATINA/O UNITY COALITION CESAR CHAVEZ EVENT/COUNCIL. 220154 4/8/08 300.00 LOPEZ TRANSLATION SVC 04/01/08 22(1155 4/8/08 200.00 MACIIADO REFI IND//RECREATION CLASSES 220156 4/8/08 56.00 MARS1IA1,1, M11S1C NATIONAL CITY CONCERT BAND 220157 . 4/8/08 985.09 MAYLE, HOWARD PERIOD 3/11-3/25/08 220158 4/8/08 4,000.00 MENDOZA REFUND/RF.CRIiATION CLASSES 220159 4/8/08 56.00 MORE DIRECT CRUCIAL, MEMORY 2GB DIMM-240 PIN 220160 4/8/08 169.65 MORENO REFUND/RECREATION CLASSES 220161 4/8/08 56.00 MUNOZ COBRA TRAINING I•:XPAIR 220162 4/8/08 13.64 NICK RAIL MUSIC NATIONAL CITY CONCERT BAND 220163 4/8/08 259.59 OFFICE PAVILION FURNITURE - FIRE DEPT 220164 4/8/08 11,029.74 PADILLA REFUND/RECREATION CI .ASSES 220165 4/8/08 28.00 PEACE OFFICERS RESEARCH PURAC!I'I•:ACE OFFICER RESEARCH 220166 4/8/08 90.00 PERRY FORT) LABOR, PERFORM DIAGNOSTIC TEST 220167 4/8/08 1,234.18 PHIL. NATIONAL CITY CONCERT BAND 220168 4/8/08 75.00 PORAC LEGAL DEFENSE Fl)NI) LEGAL, DEFENSE FUND 220169 4/8/08 108.00 POR'FII.1,0 CONCRETE, INC. FEBRUARY 2008 SERVICES 220170 4/8/08 159,000.00 PRI;Dl NTIAl.OVERAl.1. SI IPPI.Y MOI' 45742 CLEANING SERVICES 220171 4/8108 40.38 REGIONAL COMMUNICATIONS RADIO COMMUNICATION - MARCH 08 220172 4/8/08 9,063.00 RODRIGUEZ REFUND/RECREATION CLASSES 220173 4/8/08 28.00 S D REGIONAL TRAINING CENTER INVESTIGATION OF WEBSITES/1'D 220174 4/8/08 155.00 SAN I)I1i(iO AIR BALANCE CO. AIR FLOW STUDY 220175 4/8/08 2,500.00 SANTA CRUZ REHIND/RECREATION CLASSES 220176 4/8/08 56.00 PAYEE 4/4 WARRANT REGISTER N 4I 4/8/2008 DESCRIPTION CIIK NO DATE AMOUNT SHEPARD TECHNICIAN COURSE EXP/PD 220177 4/8/08 1,371.91 SHRED -IT SHRED -IT SVCS EXP/FINANCF; I)l P 220178 4/8/08 189.00 SILVA LAW CONFERENCE EXP/ATTORNEY 220179 4/8/08 179.00 SMART & FINAL MOP 45756 MATERIALS & SUPPLIES 220180 4/8/08 36.39 SOUTHERN MI ISIC NATIONAI. CITY CONCERT BAND 220181 4/8108 123.67 SPECIALTY LIGHTING LIGHT BUI.BS 220182 418/08 65 47 SUN TRUST FIRE 4 RUCK LEASE PAYMT#50 220183 4/8/08 5,009.63 THOMSON WEST LEGAL PUBLICATIONS 220184 4/8/08 459.50 TOM MOYNAHAN MOI' 45734 TOWING SF,RVICL 220185 4/8./08 50.00 U.S BANK CORPORATE ('RF:I)IT CARD EXP/COMM SRVCS 220186 4/8/08 1.023.16 UNION TRIBUNE. PUBLISHING AD FOR LEGAL. NOTICES - CITY CLERK 220187 4/8/08 1,273. VE:RIZON WIRELESS CELL. PHONES 2/22 - 3/21/08 220188 4/8/08 4,698.82 WESTFI .EX INDUSTRIAL MOP #63850 HOSE ASSEMBLY 220189 4/8/08 150.27 WILKINS DEFENSIVE INSTRIICT COURSE/PD 220190 4/8/08 384.00 WILLIAMS EVOC TRAINING EXP/PD 220191 4/8/08 287.24 WILLY'S FLECIRONIC SUPPLY MOP 45763 COMPUTER SUPPLIES 220192 4/8/08 337.81 ZONDIROS CORP. 12/13/07-1/31/08 SERVICES 220193 4/8/08 47,168.94 Total AR 536,989.73 PAYROLL Pay period Start Date End Date Check Date 7 3/11/2008 3/24/2008 4/2/2008 935,025.02 GRAND TOTAL $ 1.472.014.75 Warrant Register # 41 4/8/2008 001 GENERAL FUND 973,727.12 104 LIBRARY FUND 30,947.48 105 PARKS MAINTENANCE FUND 23,521.48 109 GAS TAXES FUND 76,224.15 111 P.O.S.T. FUND 3,058.56 125 SEWER SERVICE FUND 66,357.43 130 EMT-D REVOLVING FUND 3,732.98 154 STATE PUBLIC LIBRARY FUND 918.00 158 SWIMMING POOL REVOLVING FUND 373.35 171 LIBRARY SCHOOL DISTRICT CNTRCT 333.63 172 TRASH RATE STABILIZATION FUND 1,770.74 173 NATIONAL SCHOOL DIST CONTRACT 2,618.40 174 SWEETWATER SCHOOL DIST CONTRAC 2,005.81 191 STOP PROJECT 2,040.68 212 PERSONNEL COMPENSATION FUND 26,861.72 230 ABANDONED VEHICLE ABATEMENT GRANT 3,085.94 246 WINGS GRANT 14,815.45 253 RECREATIONAL ACTIVITIES FUND 364.00 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 3,334.83 282 REIMBURSABLE GRANTS CITYWIDE 242.72 290 POLICE DEPT GRANTS 4,665.41 301 GRANT-C.D.B.G. 38,070.34 302 CDC PAYMENTS 55,669.73 307 PROPOSITION A" FUND 9,833.09 320 LIBRARY GRANTS 6,208.47 626 FACILITIES MAINT FUND 19,978.73 627 LIABILITY INS. FUND 3,762.40 628 GENERAL SERVICES FUND 8,122.49 629 INFORMATION SYSTEMS MAINTENANC 14,468.54 630 OFFICE EQUIPMENT DEPRECIATION 11,185.74 631 TELECOMMUNICATIONS REVOLVING 18,110.19 632 GENERAL ACCOUNTING SERVICES 20,915.92 643 MOTOR VEHICLE SVC FUND 13,311.88 724 COBRA/RETIREE INSURANCE 8,877.35 725 PLANNING 2,500.00 Total 1,472,014.75 :ETING DATE y 6, 2008 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 19 / TEM TITLE PREPARED BY EXPLANATION Warrant Register # 42 for the period of 04/09/08 through 04/15/08 in the Amount of $707,174.13 D. Gallegos -Finance DEPARTMENT Finance EXT. Jeanette Ladrido 619-336-- 33 I Per Government Section Code 37208, attached are the warrants issued for the period of 04/09/08 through 04/15/08. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Literacy Works 220219 50,000.00 Dokken Eng 220270 109,600.48 Public Emp Retirement 220303 245,999.37 SDG&E 220315 81,100.19 Explanation Library Expert Svc Plaza Blvd -Project Employee Retirement PPE 3/24/08 Utilities ironmental Review Financial Statement Not applicable. N/A MIS Approval Approved By: finance Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $ 707,174.13 BOARD / COMMISSION RECOMMENDATION 1 Warrant Re ster #42 ATTACHMENTS ( Listed Below ) Resolution No. 4.200 (Hev. 7/03) 1/9 WARRANT REGISTER # 42 4/15/2008 PAYEE Description CHK NO DATE AMOUNT BAKER & TAYLOR REFERENCE BOOKS 220194 4/15/08 808.60 BERNAN ASSOCIATES REFERENCE BOOKS 220195 4/15/08 1,000.00 BRODAR'1' ADUI: E & CI IILDRENS BOOKS 220196 4/15/08 262.06 CORPORATE EXPRESS MOP #45704 OFFICE SUPPLIES 220197 4/15/08 279.41 LASER SAVER INC MOP45725 - INK CARTRIDGES 220198 4/15/08 719.00 MAJESTIC RESOURCES, INC. DVD'S FOR THE FILIPINO COLLECTION 220199 4/15/08 2,112.62 MIDwEsTTAPE DVD/VIDEOS/PROCESSINGSUPI'LIES 220200 4/15/08 4.965.24 NOLO PRESS, INC. REFERENCE BOOKS 220201 4/15/08 28.60 NOLO PRESS-OCCIDENTAI. REFERENCE BOOK 220202 4/15/08 28.40 OMN[GRAPHICS, INC. REFERENCE. BOOKS 220203 4/15/08 161.78 PENINS(II.A LIBRARY SYSTEM WORKSHOP - TEACHING THE PUBLIC 220204 4/15/08 75.00 RANDOM HOUSE, INC. B()OKS ON TAPE 220205 4/15/08 525.57 RECORDED BOOKS, 1.1.0 AUDIO BOOKS 220206 4115/08 525.05 SAN DIEGO HISTORICAL SOCIETY MEMIII•;RSIIIP RENEWAL FOR THE SD 220207 4/15/08 60.00 THOMSON (iA1.E REFERENCE BOOKS 220208 4/15/08 1,404.22 U.S. POSTMASTER POSTAGE FOR OVERDUI'. NOTICES 220209 4/15/08 369.00 AMALING DANAMAGIC SHOWS EXPERT SVC (LITERACY SVCS, YR5) 220210 4/15/08 150.00 2/9 • WARRANT REGISTER # 42 4/15/2008 PAYEE Description CHK NO DATE AMOUNT AT & T MOBILITY WINGS CELL. PHONE 220211 4/15/08 54.43 • BITINDER TRAVEL (AMERICORPS,I.SIA,YR5) 220212 4/15/08 28.28 CITY OF NATIONAL. CITY OUT OF STATE SALES TAX 220213 4/15/08 49.22 COOPER TRAVEL. (AMERICORPS,I,STA YR5) 220214 4/15/08 521.94 CORDOVA TRAVEL (AMERICORPS, LSTA,YR5) 220215 4/15/08 31.64 CORPORATE EXPRESS MAT Sc SUPPL (LITERACY SERVCS. YR5) 220216 4/15/08 417.68 EMPI7.O TRAVEL. (AMERICORPS, C.SLA,YR5) 220217 4/15/08 15.61, HEWLETT-PACKARD ALL IN ONE COLOR 220218 4/15/08 259.91 LITERACY WORKS STATE LIBRARY EXPERT SVCS 220219 4/15/08 50,000.00 LUSARRETA TRAVEL (AMERICORPS, L.SLA,YRS) 220220 4/15/08 68.58 MAIISON-BELL 'TRAVEL (AMERICORPS,LSTA YR5) 220221 4/15/08 26.98 MARSIIAI.L TRAVEL. (AMERICORPS, LSTA,YR5) 220222 4/15/08 210.50 MCCULLOUGII TRAVEL (AMERICORPS, LSTA,YR5) 220223 4/I5/08 67.67 MISSISSIPPI ND FOR THE BLIND AMERICORPS MATERIALS / CNCS Y-5 220224 4/15/08 407.50 NUNT7. TRAVEL. (AMERICORPS,LSTA, YR5) 220225 4/15/08 230.28 PAULISSEN TRAVEL. (AMERICORPS, ISTA,YRS) 220226 4/15/08 99.3_ QUINTAL "RAVEL (AMERICORPS, LSTA.YR5) 220227 4/15/08 87.52 3/9 WARRANT REGISTER if 42 4/15/2008 PAYEE Description CHK NO DATE AMOUNT SAND'JOHN EXPERT SERVC. (LITERACY SERVC YR5) 220228 4/15/08 140.00 SMART& FINAI. MAT/SUPPI.. (LITERACY SVCS, YR5) 220229 4/15/08 37.12 SOSA TRAVEL (AMERICORPS"I.STA,YR5) 220230 4/15/O8 47.07 SPRINT VIDEO CONFERENCING 220231 4/15/08 26.34 STALIONS TRAVEL(AMERICORPS, LSTA,YR5) 220232 4/15/08 17.17 STONE EXPERT SERVC. LIT SFRVICIS,YR5) 220233 4/15/08 150.00 ,TRATFGIC RESOURCE COMPANY AMERICORPS HEALTHCARE 220234 4/15/08 2,247.93 TIJRNER TRAVF;I. (AMERICORPS.ISTA YR5) 220235 4/15/08 630.20 UPSTART BOOKS INSTRUCTIONAI, SUPI'1.IES. READING 220236 4/15/08 437.82 VOGEL TRAVEL (AMERICORPS, 1,SEA,YR5) 220237 4/15/08 56.56 WANG 'TRAVEL (AMERICORPS. CNCS. YR5) 220238 4/15/08 39.95 WASHINGTON TRAVEL . (AMERICORPS, LSTA.YRS) 220239 4/15/08 273.47 WIDMAR TRAVEI. (AMERICORPS. LSTA,YRS) 220240 4/15/08 75.25 WILDER 'TRAVEL (AMERICORPS. LSTA.YRS) 220241 4/15/08 118.47 XEROX CORPORATION BASE CI IGE OVERAGES 220242 4/15/08 677.98 YANG TRAVEL. (AMERICORPS, LSTA,YR5) 220243 4/I5/08 129.28 AMFRICAN ROTARY BROOM CO. SWEEPER REPAIRS 220244 4/15/08 1,209.90 4/9 WARRANT REGISTER # 42 4/15/2008 PAYEE Description CHK NO DATE AMOUNT ARC() GASPRO PLUS FUEL FOR CITY FLEET 220245 4/15/08 33,526.62 ASTRO MECI IANICAL CONTRA("► REPAIR/ MAINTENANCF OF HVAC SYS 220246 4/15/08 1.046.90 AT&T/MCI PHONE XXX-2741 2/1-3/6/O8 220247 4/15/08 659.18 AUSTIN DOORS CITY-WIDE DOOR REPAIRS CITY WIDE 220248 4/15/08 2.721.75 BANK OF AMERICA CREDIT CART) EXPENSES/t'D 220249 4/15/08 25.00 B1,ACKIE'S TROPHIES MOP 67727 NAME TAGS/PI) 220250 4/15/08 10.88 BROADWAY AUTO EI.I{CTRIC EI.ECIRICAL PARTS 220251 4/15/08 20.0, CARDIAC SCIENCE CORP. ADUI: r DEFIBRILLATION PADS 220252 4'15/08 565.00 CELSOC CELSOC BOOKS/CITY ATI'ORNE:Y 220253 4/15/08 55.19 CESNAIISK(IS 125 PLAN REIMBURSEMENT/FIRE 220254 415/08 184.00 CHOICEPOINT A(11:0 TRACK DATABASE- MARCH 2008 220255 4/15/08 100.00 CITY OF CARLSBAD RADAR & L1DAR OPER CO(JRSES/PD 220256 4/15/08 105.00 CITY OF El, CAJON LEAGUE QUARTERLY DINNER/CM(IR 220257 4/15/08 100.00 CORNEJO SIIBSIST ENCE:BASIC TRAFFIC COLLISION 220258 4/15/08 573.36 CORPORATE EXPRESS STAMP INK FOR TRAFFIC ENGINEER 220259 4,15/08 372.51 COUNTY CLERK COUNTY OF S D TRAFFIC LIGHT SYNCH/GEN FUND 220260 4/15/08 50.0 , CSI SAN DIEGO CHAPTER CSI RE(11STRAIION/BLDG 220261 4/15/08 125.00 144. 5/9 WARRANT REGISTER # 42 4/15/2008 PAYEE Description CHK NO DATE AMOUNT CSMFO CFMFO & CMTA LUNCHEON 220262 4/l5/08 30.00 CSIJLII FOUNDATION TUITION: INTERNAL AFFAIRS INV 220263 4/15/08 300.00 DAILY JOURNAL CORPORAFION SUBSCRIPTION RENEWAL./ATTY 220264 4/15/08 81.95 1)ANESHFAR SEAL/PRE-INKED STAMP/ENG 220265 4/15/08 144.00 DAPPER TIRE COMPANY TIRES 220266 4/15/08 363.29 DAY WIRELESS SYSTEMS INSTALL/MAINTAIN COMMIJNICAIION 220267 4/1.5/08 339.42 ELL DELL DESKTOP PC 220268 4/15/08 19,887.25 DEI'AR[MEW OFTRANSP HIGHWAY LIGHTING 220269 4/15/08 2,134.33 DOKKEN ENGINEERING JANUARY 2008 SERVICES 220270 4115/08 109,600.48 ESGIL CORPORATION INSPECTIONS JANIJARY 2008/BLDG 220271 4/15/08 436.26 EXI'ER1AN CREDIT CHECKS FOR NEW PD EMP 220272 4/15/08 67.71 FEDF.X STANDARD OVERNIGHT/FINANCE 220273 4/15/08 20.44 FON-JON KENNELS KENNEL FEES FOR POLICE K9'S 220274 4/15/08 150.00 GOVERNMENT FINANCE OFFICERS SGR CiAAFR RFVIFW(FINANCli 220275 415/08 50.00 GROSSMAN PSYCHOLOGICAL. ASSOC. PRE-EMP I'SYCI IOLOGICAI. EXAMS 220276 4/15/08 720.00 iTC SYSTEMS, INC. NETWORK ANI) SERVER SUPPORT 220277 4/15i08 3,705.00 HJL COREN & CONE 2006-07 CAFR REPORTS/FINANCE 220278 4/15/08 595.00 6/9 . WARRANT REGISTER # 42 4/15/2008 PAYEE Dcscrinlion CIIK NO DATE AMOUNT HODGES TRAVEL. EX P REIMB/Pl1RCHAS[NG 220279 4/15/08 97.17 IIONEYWELL INC. CONTRACT MAINTENANCE SVC 220280 4/15/08 7,134.40 I LOVE A CLEAN SAN DIEGO 2008 CREEK TO BAY CLEANUP/ENG 220281 4/15/08 1,000.00 IAFC PRE -CONFERENCE REGISTRATION 220282 4/15/08 1,240.00 INFRASTRUCTURE ENGINEERING ENGINEERING PLANNING SVCS 220283 4/15/08 14,982.50 JULIAN VILLAGOMFZ SUBSISTENCE: INTERNAL AFFAIRS INV 220284 4/15/08 431.58 KELLY PAPER CO VARIOUS COLORS - PAPER 220285 4/15/08 136.3.. KINKO'S COLOR MAP, LAR(;l FORMAT 220286 4/15/08 71.86 KLOS TORN UNIFORM REIMB/PD 220287 4/15/08 86.81 LASER SAVER IN(' CANON BLACK INLET FOR DIN'S OFFICI? 220288 4/15/08 74.87 LAW SEMINARS INTERNATIONAL. LAND USE & CLIMATE CI IANGE/AITY 220289 4/15/08 695.00 LEXIS-NEXIS ONLINE CIIRGS FOR MAR'08/ATTY 220290 4/15/08 378.40 MAGGIORA 125 PLAN REIMBURSEMENT/COMM SVC 220291 4/15/08 537.70 MAINTEX, INC. JANITORIAL SUPPLIES 220292 4i15/08 2,739.75 MAYLE. IlOWARI) MARCII 25-APRII. 8. 2008 SERVICES 220293 4/15/08 4,250.00 MCTOA COURSE; REGISTRATION 220294 4/15/08 2,025.0,. MIUIIAI. PIASI:CKI CONSULTING CRYSTAL REPORTS UPDATES/FIN 220295 4/15/08 3.510.00 PAYEE NAGLE NARVAEZ WARRANT REGISTER f 42 4/15/2008 Description SUBSISTENCE: OPPOSIT'Y1132 NATIONAL CITY ROTARY CI..UB ROTARY CLUB NATIONAL. SCHOOL DISTRICT OFFICE OF 'Ft IE MED EXAMINER ORKIN PEST CONIROI. 2ACII-'1C AIJ l O REPAIR I'I?RS RODRIGUEZ RODRIGUEZ S D REGIONAL. TRAINING CENTER S D REGIONAL TRAINING CENTER SAFEWAY SIGN CO. SAN BERNARDINO COIJNTY SAN RFRNARDINO VLY COLLEGE. SAN DIEGO UNION TRIBUNE SANCHEZ N V 1?STTGATION./PD 2035 LANOII'AN AVI; UIJI(S MAR 2008/PD PRINTING FOR READING OBSERVER SAFETY CLOII11NG PEST MAINTENANCE SMOG CIIECKS FOR CITY VEHICLES SERVICE PERIOD 03-08-4/ACC P/R 125 PLAN REIMBURSEMENT APPRECIATION BREAKFAST' RIi1MR/PD TUITION/POLICE RI•:CORDS CLERK TUITION/POLICE RECORDS CLERK STREET SIGN, OVERHEAD TUITION: BASIC TRAFFIC COLLISION TUITION: BASIC TRAFFIC COLLISION PI JBI.IC HEARING NOTICES/i'I.N COMM 125 PLAN REIMB11RSI;MENT/LIB 7/9 CHK NO DATE AMOUNT 220296 4/15/08 220297 4/15/08 220298 4/15/08 220299 4/15/08 220300 4/15/08 22030I 4/15/08 220302 4/15/08 220303 4/15/08 220304 4/15/08 220305 4/15/08 22(1306 4/15/08 220307 4/15/08 220308 4/15/08 220309 4/15/08 220310 4/15/08 220311 4/15/08 22(1312 4/15/08 256.00 1.096.80 270.00 75.18 156.00 379.75 1,050.00 245,999.37 392.68 118.00 494.00 494.00 904.40 75.00 43.00 838.40 240.00 8/9 WARRANT REGISTER # 42 4/15/2008 PAYEE Description CHK NO DATE AMOUNT SD ASSOCIATION OF PUBLIC CAL NENA PRE CONF CLASSPD 220313 4/15/08 55.00 SD BMW MOTORCYCLES REPAIRS & MAINTENANCE 220314 4/15/08 864.95 SI)G&E FACILITIES DIVISION 220315 4/15/08 81,100.19 SHORT, TOTAL OFFICE BACK ARM ROTARY CIIAIRS/MC 220316 4/15/08 301.70 SHORE TOTAL OFFICE BACK ARM ROTARY CHAIRS/MC 220317 4/15/08 50.00 SII.VA 125 PLAN REIMHl1RSEMENT/A'YIY 220318 4/15/08 3,609.84 SOLANA CENTI?R RECYCLED PROMOTIONAL ITEMS 220319 4/15/08 4,622.1,, SIRASEN SUBSISTENCE EXP/PD 220320 4/15/08 256.00 SUN BADGE COMPANY INC. TWOTONE BADGE 220321 4/ 15;08 22:3.35 SWEETWATER AUTHORITY STREET DIVISION 220322 4/15/08 1,511.18 SWEETWATER AUTHORITY SWA RETIREMENT DINNER/MC 220323 4/15/08 42.00 SWEETWATER AUTHORITY SWA RP:IIRF,MENT DINNER/MC 22(1324 4/15/08 42.00 SWEETWATER AUTHORITY SWA RETIREMENT DINNER/MC 220325 4/15/08 42.00 SWEETWATER AI!TIIORIIY SWA RETIREMENT DINNER/MC 220326 4/15/08 42.00 TELLE7 125 I'I.AN REIMBURSEMENT/PI) 220327 4;15/08 1,006.82 TETRA TECI I ISG # 1 DEPOSIT# 1191 1939 GRANGER AVE 220328 4/15/08 1,400.0E THIRD DEGREE COMMUNICATIONS IIIIIION:INVESII(iATION/PD 220329 4115108 690.00 9/9 WARRANT REGISTER # 42 4/15/2008 PAYEE Description CHK NO DATE AMOUNT THOMSON WEST LEGAL. PI I3LICATIONS 220330 4/15/08 107.67 U S RANK CORPORATE PM I SYS CREDIT CART) EXPENSES/PI) 220331 4/15/08 I,083.00 UNDERGROUND SERV ALERT UNDI'.RGROIJND SVC ALERT CI IGS 220332 4/15/08 162.00 UNION rRIBI1NE PUBLiSHINI; CO UNION TRIBUNE SUBSCRIPT/CMGR 220333 4/15/08 197.82 WATERLINE TECHNOLOGIES CHEMICALS FOR MUNICIPAL POOL 220334 4/15/08 2,101.13 WILLY'S ELECTRONIC SUPPLY MOP 45763 COMP SUPPLIES/MIS 220335 4/15/08 118.70 WONDRIES FLEI':I' GROUP ANIMAL CONTROI.'I RUCK 220336 4/15/08 33,631.07 WOOL) & WOOD CLAIM/FRISBIE V. CITY OF NC/AITY 220337 4/15/08 14.541.09 WOOD & WOOD CLAIM/AHL.ES V. OFFICER ONE./A7TY 220338 4/15/08 13,699.44 WOOD & WOOD CLAIM/FLORES V. J C PENNEY/AM' 220339 4115/08 2,167.40 Total A/P S 707,174.13 Warrant Register # 42 4/15/2008 001 GENERAL FUND 294,605.97 104 LIBRARY FUND 3,974.79 105 PARKS MAINTENANCE FUND 16.59 108 LIBRARY CAPITAL OUTLAY 8,418.94 109 GAS TAXES FUND 904.40 111 P.O.S.T. FUND 3,139.94 120 PLAN CHECKING REVOLVING FUND 436.26 125 SEWER SERVICE FUND 16,368.54 154 STATE PUBLIC LIBRARY FUND 1,000.00 172 TRASH RATE STABILIZATION FUND 4,622.14 246 WINGS GRANT 1,071.92 282 REIMBURSABLE GRANTS CITYWIDE 2,025.00 307 PROPOSITION A" FUND 16,821.17 312 STP LOCAUTRANSNET HIGHWAY 97,029.31 320 LIBRARY GRANTS 56,726.53 626 FACILITIES MAINT FUND 64,714.16 627 LIABILITY INS. FUND 30,407.93 628 GENERAL SERVICES FUND 3,089.13 629 INFORMATION SYSTEMS MAINTENANC 3,823.70 630 OFFICE EQUIPMENT DEPRECIATION 19,887.25 631 TELECOMMUNICATIONS REVOLVING 659.18 632 GENERAL ACCOUNTING SERVICES 4,181.44 643 MOTOR VEHICLE SVC FUND 70,753.04 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 2,496.80 Total 707,174.13 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 6.2008 20 AGENDA ITEM NO. ITEM TITLE Investment Report for quarter ended March 31, 2008 PREPARED BY DEPARTMENT Jeanette Ladrido, CPA Finance x 4331 EXPLANATION See attached report Environmental Review Not applicable. Financial Statement Staff certifies that there are sufficient funds to meet the Ci 's financial needs. Account No STAFF RECOMMENDATION Accept and file the Investment Report for the Quarter ended March 31. 2008. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS Resolution No. 1 Background/Investment Overview 2 Portfolio Summary — Quarter ended March 31, 2008 A-200 (9/80) ATTACHMENT 1 BACKGROUND Califomia Government Code Section 53646 requires that staff submit an investment report to the City Council within 30 days following the end of the quarter that consists of the following information: VVVV/Vv Type of investment or description, Issuers (bank or institution), Dollar amount, Interest rate, Current market valuation as of the date of the report, And the date of maturity. In addition, the code requires that the report states the City's compliance with it's investment policy and include a statement on the City's ability to meet it's pool's expenditure requirements. OVERVIEW OF CITY INVESTMENTS The City of National City investments most of its funds in the Califomia Treasurer's Local Agency Investment Fund (LAIF). This is a liquid investment pool, which allows participants to earn market rate retums of large investments, while retaining access to funds within 24 hours of a withdrawal request. For the quarter ended March 31, 2008, LAIF's return was 3.77%. Federal Agency Securities account for 12% of the investment portfolio. The average rate of return is 4.62%. The City has 59 investments in Certificates of Deposit. These investments are in increments of 99,000 to ensure that the funds meet the Federal Deposit Insurance Corporation (FDIC) requirements. The average rate of retum is 5.18%. On 9/13/2007, City Council approved a $2 million investment in the CDARS program. This investment yields 5.13% and accounts for 4.15% of the portfolio. CalTrust, a California joint powers authority, is a pooled investment fund which consolidates investment activities of its participants. This investment yields 2.85% The average monthly expenditure of the City is 5.4 million. To ensure compliance with Government Code Section 53646, the City must have 32.4 million available to meet cash flow requirements. Staff certifies that there are sufficient funds to meet the cash flow requirements. SUMMARY OF INVESTMENT PORTFOLIO As of March 31, 2008 Investment Type INVESTMENTS HELD BY THE CITY YTM % of Book Value Market Value 365 Equiv. Portfolio LAIF 31,691,467.74 31,712,989.89 4.960% 65.70% Medium Term Notes 500,000.00 497,085.00 4.000% 1.04% Federal Agency Securities 5,851,116.36 5,898,220.51 4.621% 12.13% Certificates of Deposit 5,840,981.21 5,840,981.21 5.176% 12.11% CalTrust 2,255,662.96 2,255,662.96 4.660% 4.68% Negotiable CD/CDARS 2,094,000.00 2,099,129.69 5.130% 4.35% Totals for March 2008 48,238,228.27 48,304,069.26 4.929% 100.00% Totals for December 2007 47,904,199.95 Portfolio increase from prior quarter 334,028.32 Negotiable CD/CDARS 4.35% CalTrust 4.68% Certificates of Deposit 12.11% Federal Agency Securities 12.13% Medium Term Notes 1.04% LAIF 65.70% Investments Liquidity Book Value % of Portfolio On Demand Within One Month One Month to One Year Within One to Five Years City of National City Finance Department 33, 947,130.70 297,000.00 5,666,000.00 8. 328, 097.57 70.37% 0.62% 11.75% 17.26% 48, 238, 228.27 100.00% Investments City of National City Portfolio Management Portfolio Summary March 31, 2008 Par Market Value Value Book % of Value Portfolio City of National City Days to YTMIC YTM=C Term Maturity 360 Equiv. 366 Equiv. Certificates of Deposit - Monthly 5,840,981.21 5,840,981.21 5,840,981.21 12.11 527 310 5.105 5.176 LAIF 31,691,467.74 31,712,989.89 31,691,467,74 65.70 1 1 4.892 4.960 Negotiable/Transferable CDs 99,000.00 99,129.69 99,000.00 C.21 386 44 5.C94 5.165 Medium Term Notes 500,000.00 497,085.00 500,000.00 1.04 1,462 1,415 3.945 4.000 Federal Agency Securities 5,850,000.00 5,898,220.51 5,851,116.36 12.13 1,823 1,640 4.558 4.621 CalTrust 2,255,662.96 2.255.662.96 2,255,662.96 4.68 1 1 4.596 4.660 CDARS 2.000.000.00 2,000,000,00 2.000.000.00 4.15 364 153 5.060 5.130 Investments 48,237,111.91 48,304,069.26 48,238,228.27 100.00% 317 259 4.861 4.929 Total Earnings March 31 Month Ending Fiscal Year To Date Current Year 205,438.14 1,819,460.30 Average Daily Balance 48,824,691.07 47,838,300.93 Effective Rate of Return t 4.95% . 5.05% Jeanetadrldo, Finance Director Reporting period 03/01/2008.03/31/2008 Run Date 04/17/2008 • 15'23 Portfolio CNC CC PM PRF PM1) SymRep18,41,202b Report Ver 5.00 CUSIP City of National City Portfolio Management Portfolio Details - Investments March 31, 2008 Average Purchase Investment* Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Page 2 Stated YTM/C Days to Maturity Certificates of Deposit - Monthly SYS11149 11149 A'ilance Banking Company 05/032007 99.000.00 99,000.00 99.000.00 5.365 165 5.365 34 05105/2CJ8 SYS1. 1145 11145 Advante Bank Corp 04/25/2007 99.000.00 99,003.00 99,000.0C 5.300 300 5.30 24 0425/2008 SYS' 1228 11228 American Home Bank 10/24/2007 99,000.00 99,000.00 99,003.00 5.140 208 5.140 205/023/2008 SY511235 11235 ANB Financial N.A. 10/01/2007 99.000.00 99.000.00 99,000.00 5.250 235 5.250 548 10/01/2009 5Y511191 11191 Appalachian Community Bank 06/06/20D7 99,000.00 99.000.00 99,000.00 5.410 234 5.410 66 06/062306 SYS1'245 11245 BankFirst 11/14/2007 99,000.00 99.000.00 99.000.00 5.110 5.11C 227 11/14/2008 SYS11229 1'229 Bank of Washington 10/23/2007 98,981.21 98.981.21 98.981.21 5.100 289 5.100 570 10/232009 SYS11'94 11194 Benchmark Bank 06/06/2007 99,000.00 99,000.00 9903000 5.450 168 5.450 56 05;06/2008 SYS11207 11207 The Brand Banking Company 06/162007 99,000.00 99,000.00 99,000.00 5.430 255 5.400 5C3 08'17/2009 $YS11244 11244 9•u5'..'less First Bank 11/13/2007 99,000.00 99,000.00 99,000.00 5.110 5.113 226 11.'13/2008 SYS11227 11227 Business Sank of Fox R)ver Vly 10/24/2007 99.000.00 99,000.00 99,000.00 5.050 174 5.050 391 04.27;2009 5YS11265 11265 Cape Fear Bank 02/07/2008 99.000.00 99,000.00 99,000.003.SCJ 181 3.500 314 J2/C 9120C9 SYS11259 11259 Capitol City Bank & Trust 01/04/208 99.000.00 99.000.00 99,000.00 4.850 232 4,850 643 01/0412010 SYS1'247 11247 Centenial Bank 1120/2007 99,000.00 99.000.00 99,000.00 5.000 5.000 414 05/20.2009 SYS11262 11262 CenTrust Bank, N.A. 01/22/2008 99,00,00 99,000.00 99.000.00 4.51C 300 4.510 296 01/222009 SYS11224 11224 Ctzens Bank of Newburg 10/22/2007 99,000.00 99,000.00 99.000.00 5.100 5.100 569 10222009 SYS11226 11226 Citizens Natl. Bank of Quitman 10/22.2007 99,000.00 99,000.00 99,000.03 5.05C 237 5.050 570 10/23/2009 SYS11275 11275 Cole Taylor Bank 03/31/2008 99,000.00 99,0000 99,000.03 3.820 238 3.873 730 04/01/2010 SYS11260 11260 Columbia Savings & Loan 01/04/2008 99,000.00 99,000.00 99,000.03 4.850 250 4.850 643 01/04/2010 S"S11223 11223 Community First Bonk & Trust 10/23/2007 99.000.00 99,000.00 99,000.00 5.130 220 5.1C3 387 0423/2009 SYS11192 11192 The Commonwealth Co-operative 06/12/2007 99,000.00 99,000.0C 99,000.00 5.470 181 5.470 72 06/12/208 SYS11108 11108 Commerce First Bank 09/18/2006 99,000.00 99,000.00 99,000.00 5.750 223 5.753 170 09/16/2008 SYS11195 1'195 Cornerstone Bank 06/11/2007 99,C00.00 99,000.0C 99,000.00 5.450 239 5.450 71 06/11/2006 SYS11222 11222 Crestmark Bank 10/01/2007 99,000.00 99,000.00 99,000.00 5.100 201 5.100 548 10/01/2009 SYS11234 11234 Countrywide Bank, N.A. 10/30/2007 99,00.00 99,000.30 99.000.00 5.400 5.475 212 10/3C.'2008 SYS11219 11219 Farmers Bank 09/10/2007 99,000.00 99,000.00 99.DOC.00 5.400 205 5.400 162 09/102008 SYS11240 11240 Feiiciana Bank & Trust 11/02/2007 99,000,00 99,000.00 99.000.00 5.05C 222 5.050 530 1//022309 SYS11196 11196 First National Bank USA 06/25/2007 99,00 .00 99,000.00 990000 5.600 255 5.600 85 C5/252008 SYS11221 11221 Forreston State Bank 10/01/2307 99,000.00 99,000,00 99,COC.C3 5.150 20C 5.150 183 10/01/2008 SYS11258 11258 Garden City State Bank 01/03/2008 99,00100 99,000.00 99,000.00 4.750 193 4.750 643 01/04/2010 SYS11146 11146 Gulf Coast Community Sank 05.'07/207 99.000.00 99,000.00 99,000.00 5.380 236 5.380 36 05/072008 SYS11197 11197 Georgian Bank 07/11/2007 99,000.00 99,000.00 99,000,00 5.471 200 5.547 100 07110/2008 SYS11200 11240 Home Federal Bank of Hollywood D724/2007 99,000.00 99,000.00 99,000.00 5,500 251 5,500 479 0724l2009 SYS11243 11243 High Trust Bank 11113y2007 99000.00 99,000.00 99,000.06 5.100 5.100 226 11/13/2008 SYS11209 11209 Hillcrest Bank 08/18/2007 99,000.00 99.000.00 99,000.00 5.260 202 5.260 503 08./17/2009 SYS11208 11208 Inter Savings Bank 08/16,2007 99,000.00 99,000.00 99,000.00 5,500 260 5.500 503 38/17/209 Portfolio CNC cc PA, (PRF_PA12) SymRept 9.41.202b Run Dale- 04/17/2009 - 1520 CUSIP Investment # Issuer Certificates of Deposit - Monthly City of National City Portfolio Management Portfolio Details - Investments March 31, 2008 Average Purchase Balance Date Par Value SYS11199 11199 Jacksonville Bank C7/11/2007 99,000.00 SYS11236 11236 Monterrey County Bank 10/01/2007 99.000.CO SYS11193 11193 North Atlanta National Bank 06/19/2007 99.000.00 SYS11263 11263 Security Pacific Bank 01/22/2008 99.000.00 SYS11220 ' 1220 New City Bank 09/26/2007 99000.00 SYS11237 11237 North American Banking Co. 10/01/2007 99.000.00 SYS11261 11261 Nat'l Republic Bank of Chicago 01/11/2008 99.000.00 SYS11202 1'202 Omni National Bank 07/23/2007 99.000.00 SYS11153 11153 Piedmont Community Back 05/31/2C07 99,000.00 SYS11241 11241 Pinnacle Bank 11/20/2007 99,000.00 SYS11107 11107 Peoples State Bank 09/13/2006 99,00000 SYS11206 11206 STATE BANK OF INDIA (CALIF) 07/18/2007 99,000.0C SYS11177 11177 Signature Bank 05/01/2007 99,000.00 SYS11264 11264 Southern Bank 02/05/2008 99,000.00 SYS11218 11218 Sun West Bank 09/20/2007 99,000.CD SYS11246 11246 Synovus Bank Of Jacksonville 11/14/2007 99,000,00 SYS11144 11144 Tennesse Commerce Bank 04/16/2007 99,000.00 SYS11147 11147 Treaty Oak Bank 05/16/2007 99,000.00 SYS11225 11225 First Tuakegee Bank 10/17/2007 99,000.00 SYS11148 11148 Union Bank NA. 05/07/2007 99,000,00 SYS11198 11198 Union National Bank of Elgin 07119/2007 99,000.00 SYS11143 11143 West Pointe Bank 04/11/2007 99,000.00 SYS11152 11152 WestSlde Bank 05/24/2007 99,000.00 Subtotal and Average 5,850,561.86 5,840,981.21 Market Value 99,000.00 99 003.00 99.000.00 99,000.00 99,000.0C 99,000.00 99.000.00 99,000.00 99,000.00 99,000.00 99,00000 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99.000.00 99,000.00 99,000.00 99,000.00 99,000.00 Page 3 Stated YTM/C Days to Maturity Book Value Rate S&P 365 Maturity Date 99,000.0C 5.565 212 5.585 100 07/10/2008 99,003.00 5.153 281 5.153 548 10/01/2009 99,000.00 5.510 179 5.510 80 06120/2008 99,000.0C 4,750 262 4.750 661 01/22/2010 99,000,00 5.150 249 5.150 545 09/28/2009 99,000.00 5.250 5.250 548 10.'01/2009 99,C00.00 4.920 270 4.920 286 01/12/2009 99,000.00 5.500 210 5,500 478 07/23/2009 99,000.03 5.400 141 5.400 62 06/02/2008 99,000.00 5.030 158 5.000 598 11/20/2009 99,COO.CO 5.500 193 5,500 168 09/16/2008 99,000.00 5.610 17C 5.610 108 C7/18/2008 99.000.00 5.375 254 5.375 30 05/01/2008 99.000.00 3.700 179 3.700 675 02/05/2010 99.000.00 5.400 156 5.400 171 09/192008 99,000.00 5.050 144 5.050 594 11/16/2009 99,000.00 5.350 225 5.350 15 04/16/2008 99,000.00 5.400 180 5.400 45 05/16/2008 99,000.00 5.200 143 5.200 381 04/17/2009 99,000.00 5.400 256 5.400 36 05/07/2008 99,000.0C 5.580 241 5.583 109 07/19/2008 99,000,00 5.250 231 5.250 10 04/11/2008 99,000.00 5.390 300 5.390 56 0527/2C08 5,840,981.21 6,840,981.21 6.176 310 LAIF 98-37-576 11058 Local Agency Investment Fund Subtotal and Average 32,107,696.77 31,691,467.74 31,712,989.89 31,691,467.74 4.960 31,691,467.74 31,712,989.89 31,691,457.74 4.960 4,960 1 NegotlableiTransferable CDs 624231BA3 11213 Mountain National Bank 05/15/2007 99,000.00 99,129.69 99,000.00 5.150 215 5.165 44 05/152008 Subtotal and Average 99,000.00 99,000.00 99,129.69 99,000.00 6.165 44 Medium Term Notes 36966RV94 11269 GEN ELEC CAP CRP 02/14/2008 500,000.00 497.085.00 500,000.00 4.000 4.000 1,415 02/15/2012 Subtotal and Average 500,000.00 500,000.00 497,085.00 600,000.00 4.000 1,415 Run Date 04/17,'230A - 15'23 Portfolio CNC CC PN (PRF_PI/2) SymRept 6.41.2C2b CUSIP City of National City Portfolio Management Portfolio Details - Investments March 31, 2008 Page 4 Average Purchase Stated YTM/C Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rato S&P 366 Maturity Date Federal Agency Securities 31331YGL8 I 11255 Federal Farm Credit Bank 31331YGL8C 11256 Federal Farm Credit Bank 31331XX31 11277 Federal Farm Credit Bank 31339XQN7 10863 Federal Home Loan Bank 31339XQN7 10867 Federal Home Loan Bank 3133X5NZ7C 10949 Federal Home Loan Bank 3133XKUL7 11211 Federal Home Loan Bank 3133XLUL5 1121E Federal Home Loan Bank 3133XML90 11230 Federal Home Loan Bank 3133XPY73 11272 Federal Home Loan Bank 3133XPX85 11273 Federal Home Loan Bank 3128X6PR1 11231 Federal Horne Loan Mrtgage Corp 3128X6RN8 11250 Federal Home Loan Mrtgage Corp 3136F8VL6 11249 Federal Nall. Mortgage Assoc. 3138F8YH2 11257 Federal Nall. Mortgage Assoc. 31398AJY9 C 11242 Fannie Mae 3136F82A2 11266 Fannie Mae 3136F82A2 C 11267 Fannie Mae 31398AMQ2 11268 Fannie Mae 3136F82N4 1127C Fannie Mae 3136F82N4 C 11271 Fannie Mae 3136F9CB7 11274 Fannie Mae Subtotal and Average 6,016,626.63 12/05/2007 250,003.00 253,360.00 250,000.0C 4.875 4.875 1,709 12/05;2012 12/05/2007 250,000.0C 252,122.50 250,000.0C 4.875 4.875 1,709 12/05•2012 08/27/2007 150,000.00 152,109.00 150,000.00 5.650 5.650 1,609 38/27/2012 07'02/2003 100.000.00 100,000.00 '00,000.0C 4.500 AAA 3.100 92 07/02,2008 07/02/2003 100,000.30 100,000,00 100,000,30 4:5C3 AAA 3.100 92 07/02.2008 04/22/2004 100.000.00 99,609.0C 100,000.00 4.300 AAA 3.540 386 04/22.2009 08/02/2007 200,000.00 208,963.50 201.087.50 5.250 AAA 5.337 1.519 05/292312 08/15/2007 250,000.00 253.360.00 250.000.00 5.750 AAA. 5.750 1.597 C8/15/2012 10/10/2007 500,000.00 504,231.67 499,791.67 5.300 AAA 5.330 1.646 10/03/2012 02/27/2008 250,000.00 25C.000.00 250.000.00 4.250 AAA 4.250 1,793 C2/27/2013 03/06/2008 200,000.00 203.062.40 2.00.000.00 4.250 AAA 4.250 1,830 C3/36/2313 10/24/2007 300,000.00 332,69100 330,00000 5.400 AAA 5.430 1,657 13/24/2012 12/052007 250,000.00 253,877.50 250,052.50 5.000 AAA 5,023 1,700 11;26/2012 11/07/2007 300,000.00 305,064.00 300,000.00 5.030 AAA 5.000 1,681 11/37/2012 12/13/2007 400,000.00 a00,988.OD 400,000.00 4.875 AAA 4.875 1,717 12/13/2012 111212007 250,000.00 252,230.00 250,000.00 5.C20 5.020 1,695 11,'21/2012 02/122008 250,000.00 251,562.50 250,000.00 4.000 4.000 1,778 02.'12/2013 02/12/2008 500,000.00 503,865.00 500,000,0C 4,000 4.003 1.778 32./1212013 02/13/2008 250,000.00 251,214.44 250,174.69 4.000 4.002 1.772 02'CB/2013 0220/2008 250.000.00 250,625,00 250,000.00 4.150 4.150 1.786 •32 20.2013 02/20/2008 500,000.00 500,410.00 500,000.0C 4.150 4.150 1 786 02/20/2013 03/11/2008 250,000.00 251,875.00 250,009.30 4.000 4.000 1.805 03/112013 6,860,000.00 6,898,220.51 6,851,116.36 4.621 1.640 Pass Through Securities 3'33TGSG5 10637 Federal Home Loan Mrtgage Corp Subtotal and Average 0,00 11/30/1998 ' 0.00 0.00 0.00 5.000 AAA 6.000 C 01/15./2013 0.00 0.00 0.00 0.000 0 CalTrust 231.000017.1C 11059 CelTrJst Subtotal and Average 2,252,006.81 2,255,662.96 2,265,662.96 2,255,662.96 2.255.662.98 4.660 2,266,862.96 2,256,662.96 4.660 1 4.660 1 CDARS SvS11215 R.m Da:a: 04/172CO3 - 15:2C 11215 Ne:ghborhood National Bank 09/13/2007 2,000,000.00 2,000,03C.0.0 2,000,000.00 5.130 5.130 163 09/112008 Subtotal and Average 2,000,000.00 2,000,000.00 2,000,000.00 2,000,000.00 5.130 163 Portfolio CNC CC PL1 t.RF PM2i SyrAeot 6.a•.2020 CUSP City of National City Portfolio Management Portfolio Details - Investments March 31, 2008 Average Purchase Investment# Issuer Balance Date Par Value Stated Market Value Book Value Rate Page 5 YTM/C Days to Maturity S&P 366 Maturity Date Total and Average 48,824,691.07 Ran Date: 041+712008 • 15'20 48,237,111.91 48, 304,069.26 48,238,228.27 4.929 259 Portfo io CNC CC FV (PRF PM2) SyrnRop; 6..11.2C2D CUSIP City of National City Portfolio Management Portfolio Details - Cash March 31, 2008 Average Purchase Stated YTMIC Days to Investment # Issuer Balance Dale Par Value Market Value Book Value Rate S&P 365 Maturity Page 6 Average Balance 0.00 0 Total Cash and Investmentss Rcr Salo C4/17;2308 - :5120 48,824,691.07 48,237,111.91 48,304,069.26 48,238,228.27 4.929 259 Portfolio CNC CC 'N ;PR _P6121 SynRept 5.41.202t City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 6. 2008 AGENDA ITEM NO. 21 ITEM TITLE Public Hearing — Proposed Finding of no Significant Environmental impact for a Coastal Development Permit for an AT&T Field Operation Center at 3202 Hoover Avenue. Applicant: Teng Companies of California. Inc. representing AT&T. Case File No. 2007-51 CDP. n�, PREPARED BY M• in Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The Planning Commission considered this proposal at their April 7, 2008 meeting and recommended approval of the request. Since the Planning Commission hearing on this item, the applicants are reassessing the needs of the business that may result in reducing the area required for the proposed expansion. The applicants are requesting that the City Council continue this hearing to the May 20, 2008 meeting in order for them to revise their plans. Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION dI Staff recommends that the continuance be granted BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. A-200 (9/99) City of National City, California COUNCIL AGENDA STATEMENT .AEETING DATE May 6. 2008 AGENDA ITEM NO. 22 ITEM TITLE Public Hearing — General Plan Amendment and Zone Change from Single -Family Small r Lot (RS-2) to Limited Commercial (CL) and a Proposed Finding of No Significant Environmental Impact at 2701-2703, and 2729 East 18`h Street (Applicant: Productive Real Estate, LLC.) (Case File No. 2007-60 GP. Z.C, IS) AM -- PREPARED BY Martin Reeder. 336-4310 DEPARTMENT Planning EXPLANATION The proposed Amendment and Zone Change were initiated January, 10. 2005 for five parcels on the north side of East 18th Street. The original proposal was for a development of a mixed -use project, on two lots east of the current proposal site. The reasoning for the zone change was to connect the existing areas zoned Limited Commercial (CL) — on the south side of 18`h Street at Granger Avenue and at the intersection of 18'h Street and I ,anoitan Avenue resulting in a more congruent future development pattern. It is important to note that the current project and applicant is different than the original proposal during initiation. The original project submittal in June 2005 was deemed incomplete and no follow up submittal has since been received. The current applicant, whose property was within the initiated area, re -paid the application fees in order to pursue his own project. The current application does not include the original three lots proposed for development. It involves solely the two parcels owned by the current applicant. The proposed Zone Change would allow for .both neighborhood level commercial uses, as well as multi -family development with a Conditional Use Permit. The Planning Commission held a public hearing on April 7, 2008, considered the application and recommended approval of the proposal. The background report describes the development in more detail. The Conditional Use Permit for the development of the site that would he accommodated by this Zone Change is on tonight's agenda as a Notice of Decision (Case File No. 2007-60 CUP). --9 Environmental Review Proposed Negative Declaration (2007-60 IS) Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission IL'''. BOARD I COMMISSION RECOMMENDATION The Planning Commission recommends Approval of the Combined General Plan/Zoning Map Amendment. Vote: Ayes: DeLaPaz, Pruitt. Reynolds. Flores Nays: Alvarado, Baca ATTACHMENTS ( Listed Below) Resolution No. 1. Background Report 3. Location Map 5. Negative Declaration 2. Planning Commission Reso. No. 7-2008, 4. Department/Agency Comments 6. Applicant's Plans Incl. Findings & Conditions of Approval A-200 (9/99) BACKGROUND REPORT The project site, consisting of two existing parcels, is a 37,835 square -foot rectangular property that stretches from East le Street to East 17th Street. The property is relatively flat for the first 190 feet, falling just ten feet, before sloping down another 15 to 20 feet to 17*h Street. East 17`h Street is an unimproved street with a 20-foot right-of-way_ Three single-family homes currently occupy the project site, two on Assessors Parcel Number 558-200-18 and one on Assessors Parcel Number 558-200-17. The lots contain little vegetation, with some mature eucalyptus trees and grass. The applicant is proposing to reclassify the zoning designation from Single -Family Small l.ot (RS-2) to Limited Commercial (CL), in order to construct a multi -family residential development. At present, the remaining lots west of the project site arc zoned CI.. Conversely, the lots to the cast arc RS-2 and RS-3-PD. There are also commercial uses located across East 18'h Street at the intersection of Granger Avenue. Under the current RS-2 zone designation, the site could be subdivided and developed with a moderately intensive residential development (i.e. up to 7 single-family homes). Under the CL zone designation, the site could be developed with limited commercial uses or multi -family housing at a density of 22.9 units per acre, or a potential yield of 19 units. The 16 units proposed would have a density of 18.4 units per acre, consistent with the maximum residential density allowed by the General Plan for the CL zone. Although the residential lot to the west (2641-2645 E. 18th St.) is currently only developed with three units, the potential yield of the lot under its CL zoning is 10 units. Although the RS=2 zone only allows one single-family detached residence per lot, several Tots in the area are developed with multiple homes, duplexes, apartment complexes and non -conforming uses such as churches (Bible Baptist Church at 2432 E. 18`h St. and First Congregational Christian Church of American Samoa at 2819 E. 18'h St.). In compliance with the California Environmental Quality Act (CEQA), an Initial Study was prepared to analyze potential environmental impacts. Based on the review of the project and determination of no potential significant impacts, a Negative Declaration was prepared for the project (see Attachment 5). The 20-day public review period for this document ended on April 7, 2008. The City received one comment letter during the review period from a neighboring property owner who supports the project. Overall, the project is consistent with General Plan policies, since it encourages opportunities for multi -family or commercial development. In addition, the change of zone from single-family to commercial or multi -family provides for a better transition between surrounding multi -family residential and commercial properties. i RESOLUTION NO. 7-2008 RESOLUTION OF THE [TANNIN( i COMMISSION OE THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A GENERA[, PLAN AMI•:NI)IvIENT AND. ZONE CIIANGE FROM SINGLE-FAMILY SMALL LOT (RS-2) TO LIMITED COMMERCIAL, (CL) AND A PROPOSED FINDING OE NO SIGNIFICANT ENVIRONMENTAL IMPACT AT 2701-2703, AND 772.9 F. 18r11ST APPLICANT: PRODUCTIVE REA[, ESTATE, EEC. • CASE FILE NOS. 2007 60 (iP, 7(7 WHEREAS, the Planning ('ornntission considered General Plan Amendment and Zone Change applications to change the land use designations on the (Combined General Plan/toning Map from Single -Family Small Lot (RS-2) to Limited Commercial ((;1) for approximately 0.87 acres at 2701 2703, and 2729 East 18'r' Street, APNs 558-200-17 and 18, at a duly advertised public healing on April 7, 2008, at which time oral and documentary evidence was presented; and, WHEREAS, the Planning Commission at said public hearing held on April 7, 2008 considered the staff report contained in Case File No. 2007-60 GP, and maintained and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, MVIIERI-:AS, the Planning Commission recognizes the need and desirability to conduct reviews of, and consider amendments to. the General Plan to accommodate the changing needs of the community, NOW. THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning ('onunission at the public hearing held on April 7, 2008, support the following findings for the Combined General Plan Amendment and Zone Change. RECOMM};NDED FINDINGS FOR APPROVAL. OF GENERAL PLAN AMENDMENT AND ZONE CHANGE FROM RS-2 TO CI. 1. The amendment to the General flan, which will change the zoning of the subject properties from Residential Single -Family (RS-2) to Limited Commercial ((:I,) is in the public interest and is consistent with General Plan policies, since it encourages the creation of high quality rental opportunities, and since it will allow multi -family development in an area that is currently developed with a number of small-scale multi- fantily properties and sonic commercial uses. 2 2. That the proposed Zone Change is consistent with and necessary to implement the General Plan, sine: the General Plan encourages the production and maintenance of the City's rental stock and that this area despite its current single-family zone designation is developed with small-scale multi -family uses and commercial development. Also, the proposed /.one ('hange will allow for development that can provide a better transition between existing adjacent residential and commercial properties_ RECOMMENDED FINDINGS FOR APPROVAL OF NEGATIVE DECLARATION L That the Negative Declaration (2007-60 IS) has been read and considered together with any comments received during the public review process; and, That based on the whole record including the Initial Study, 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. BE IT FURTHER RESOLVED that the Planning Commission has considered the proposed Negative Declaration (2007-60 IS) 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 conunents received) that there is no substantial evidence that the project will have a significant effect on the environment, and that the proposed Negative Declaration reflects the City's independent judgment and analysis, and hereby recommends approval of the proposed Negative Declaration. BE IT FURTHER RESOLVED that the applications for the General Plan Amendment and Zone Change are recommended for approval to amend the Combined General Plan/Zoning Map from Single -Family Small Lot (R.S-2) to Limited Corumcrcial (CO, as bather described on attached Exhibit A. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of April 7, 2008, by the following vote: AYES: DcLaPaz, Pruitt, Reynolds, Flores NAYS: Alvarado, Baca ABSENT: ABSTAIN: CIIAIRWOMAI 3 16th St > O O. N O. 1 CL ask 18' 1615 1g25 1635 1645 1 .026 Nj 0▪ 3 — — -- cP N.� Q RS-2 AO 40. St N.-.a 1,3 A01 N ST 1 03 cP - CL 1a36 RS-3-PD .11 ZONE BOUNDARY — — • PROJECT SITE 100 100 Feet LOCATION MAP 2007- � PP' ZC' General Plan Amendment and Zone Change from RS-2 to CL and a Conditional Use Permit for a 16-Unit Apartment Project at 2701, 2703 and 2729 E.18 the Street NATIONAL C14TY PLANNING DRN. DATE: 3/13/08 INITIAL HEARING: 4/7/08 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR November 21, 2007 FROM: CITY OF NATIONAL CITY PLANNING DEPARTMENT SUBJECT: Case File No: 2007-60 GP, ZC, CUP; Amendment to (ieneral Plan/Zoning Map from Single -family -residential (RS-4 to Limited 'Commercial :.(Ch,) and a Conditional Use Permit to construct a 16-unit apartment project at 2701-2703, 2729 East 18m Street. This General Plan Amendment, Zone Change, and Conditional Use Permit have been submitted for Planning Commission consideration. The applicant requests to change the zoning designation for an approximately 0.9-acre site on the north side of E. 18t Street, east of Lanoitan Avenue, to the Limited Commercial (CL) designation. The applicant proposes two eight -unit apartment buildings, 6,400 square - feet of common open space for tenant recreational use, and five guset parking spaces. Each of the sixteen units will be 1,907 square -feet, including a 400 square -foot, two -car garage. The units will have three bedrooms and two -and -a -half bathrooms, as well as approximately 380 square -feet of private open space consisting of two second -story decks and a private yard at ground level. Please submit your comments or recommendations on the proposed project by-December-4;10(117. It is very important that your comments alert us to any aspects of the proposal which conflict with regulations that your department or agency administers. If you have no comments regarding the project, please check and sign below, and return this notice and the enclosed plans. If you have any questions, please contact me at 336-4313. Thank you. MARTIN REEDER Assistant Planner No comments t Arr0 f-/-/5 b i6A/ cc: Building & Safety Department Engineering Department Stormwater Division Traffic Fire Department i•t/ OOP ft/1A1e- ��t N 5� t ts-oco6« C'fl r$,/2 CA , rl 5 wP-L( AS Police Department AT&T Cox Cable San Diego Gas & Electric Sweetwater Authority �4 5 rr A elk- r5. C 1;1 Recycled Paver 5 City of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 ENGINEERING REQUIREMENTS FOR 16 APARTMENTS Al' 181H STREET ANI) EAST OF LANOITAN AVENUE Date: December 3. 2007 To: Martin Reeder, Planning Department From: Adam J. Landa, Assistant Civil Engineer 4------ Via: Maryam I3abaki. City Engineer4 Subject: 16 APARTMENTS AT 18TH STREET AND EAST OF i,ANOITAN AVENUE 1. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will he required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation wilt be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 2. 'l he Best Management. Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will he required prior to issuing of a construction permit. 3. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Rest Management Practice (BMP) for all Priority SIiSMP projects. No runoff will be permitted to ilow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 6 0 Recycled Paper 4. A grading and 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 parking lot or 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 private storm water treatment maintenance agreement shall be signed and recorded. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department. 5. A sewer permit will be required. 'l'hc method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 6. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 7. Street right-of-way shall be dedicated to the City (approximately 20' X 128' on 17ri1 Street). 8. Pedestrian Ramp shall be installed on 18th Street and shall comply with the A.D.A requirements and the San Diego Regional Standard Drawings 9. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall he filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 7 10. A permit shall he obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 1I. Street improvements shall be in accordance with City Standards. All missing street improvements shall he constructed (on 17th Street). Abandoned driveway aprons shall be replaced with curb, gutter and sidewalks. 12. A title report shall be submitted to the Engineering Department, after the Planning Commission approval. for review of all existing easements and the ownership at the property. 13. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A pertorrnance bond equal to the approved cost estimate 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 arc submitted. I'he deposit is subject to adjustment according to actual worked hours and consultant services. AL:jha 16 8 Page 1 of 1 Martin Reeder From: Stephen Manganiello Sent: Monday, December 03, 2007 11:51 AM To: Martin Reeder Cc: Angela Reeder Subject: RE: 2701-2703, 2729 E. 18th Street Martin, The only comment t have on the plan is to stripe "no parking fire lane" to prohibit parking along the site driveway. Thanks. -Steve P.S. - In the future 'cc' City Engineer on all plan review requests. You can simply put 'Traffic" in parenthesis after "City Engineer". This way both Maryam and l will get the plans so she can stay informed. Stephen Manganiello Traffic Engineer City of National City Engineering Department 1243 National City Boulevard National City, CA 91950-4301 Phone. 619-336-4380 Direct: 619-336-4382 Fax 619-336-4397 Ema i1- smangtiniellodiei. na tional -city_ca. us Weblink www.ci.national cita.us 9 12/3/2007 Date: To. From : Subject: City of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 November 26, 2007 Martin Re e Department Barby Tipton, Storm Water Compliance Inspector Case File No: 2007-60 GP, ZC, CUP 2701-2703, 2729 East 18'l' Street Applicant must provide a Standard [Irhan Storm Water Mitigation Plan (SUSMP) that provides Site Design, Source Control and Treatment Control Best Management Practices in compliance with the City's SI JSMP Ordinance. Should you have any questions, please contact me at 3 36-4583. Cc: Engineering file 10 ® Recycled Paper CITY OF NATIONAL CITY FIRE DEPARTMENJ__.. Phone: (619) 336-4550 MEMORANDUM DATE: December 3, 2007 TO: Martin Reeder, Assistant Planner FROM: Donald Condon_ Battalion Chief; Fire Marshal SUBJECT: 2007-60 GP, 7(',C'LiP - 2701-2703, 2729 E. 18th Street Please note our following comments and recommendations: 1) Project to he designed, developed and constructed in compliance with the California Fire Code (CFC) 2007 edition or CFC in effect at time of permit issuance, the most current National Fire Protection Association (NFPA) Standards and City of National ('itv Municipal Code and Ordinances as adopted by the City of National City. 2) Fire apparatus access roadway to be maintained with a clear minimum width of 20 feet and an unobstructed vertical clearance of 13 feet 6 inches. Turnaround to be provided with a minimum cal -de -sac of 80 feet, a hammerhead of 75 feet by 24 feet. This access roadway must be clearly marked as "No Parking Fire Lane". 3) Preliminary review indicates a minimum tire flow requirement of 4,000 gpm measured at 20 psi residual pressure with a flow duration of 4 hours. Please note that the above items are based off of a preliminary review of plans submitted. Additional requirements may he necessary upon submission of a complete set of plans for permit review. 11 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 November 28, 2007 Mr. Martin Reeder, Associate Planner City of National City Planning Department 243 National City Boulevard National City, CA 91950 GOVERNING BOARD H. MITCHEI BEAUCHAMP CHAIR JAMFS C. Al KIRE, VICE CHAIR JAMFS'JIM' DOVU RON MORRIS(NJ W.U. BUD' POCKI INGT[N! I EHHY THOMAS MARGARFT COOK WELSH UFNNIS A. DOS TAU GENERAL MANAGER MARK N. ROGFRS OPERATIONS MANAGER Subject: WATER AVAILABILITY 2701, 2703, AND 2820 EAST 181H STREET, NATIONAL CITY A.P.N. 558-200-17-00 AND 18-00 CASE NO. 2007-60 GP/ZC, CUP SWA DEV FILE: 2701, 2703, AND 2820 EAST 181H STREET Dear Mr. Reeder: This letter is in response to the Application for a General Plan Amendment, Zone Change and Conditional Use Permit received by Sweetwater Authority (Authority) regarding the proposed 16-unit apartment project, within the Authority's service area. There is an 8-inch water main in the north side of 18th Street. Authority records indicate that there are two existing domestic water services to this project. All water facilities for this project must be located in the public right-of-way. Enclosed is a copy of a portion of '/ SEC. 107 that shows the existing facilities. At this time, the Authority cannot comment on the adequacy of the existing system to provide domestic or fire protection for this project. As plans develop for structures, the Owner must submit a letter to the Authority, from the appropriate fire agency, stating fire flow requirements. Other items that need to be submitted are: Estimated water demand in gallons per day for domestic and irrigation use; a site plan; street improvement plan; irrigation plan; plumbing plan (showing total fixture -unit count); fire sprinkler plans, and calculations, so that service sizes can be verified, and estimates can be prepared. Based on this requirement, the Authority will determine if there is a need for new water systems, or substantial alteration to the existing water system. It is recommended that your agency work with the Authority to determine what facilities should be added prior to issuing a building permit. A Public 1444rllgency Serving National City, Chula Vista and Surrounding Areas Mr. Martin Reeder Re: 2701, 2703, and 2820 East 18th Street, National City November 28, 2007 Page 2 of 2 Any new water services installed to serve the proposed project will require the installation of backflow prevention assemblies. Additionally, water meters cannot be located within three (3) feet of the edge of the driveway apron. In the event that a fire protection system is required for this project, the Authority will require the installation of an approved Double Check Detector Check Backflow Assembly on that system. A ten (10) foot horizontal separation between sewer and water laterals is required. If the Owner provides the required fire flow information and enters into an agreement with the Authority for water facility improvements, if required, water service can be obtained at approximately 77 psi. If you have any questions, please contact Mr. Laurie Edwards at (619) 409-6758. Sincerely, SWEETWATER AUTHORITY Hector Martinez Engineering Manager HM:LE:ss enclosure: photocopy of 1/4 SEC. 107 map cc: Don Condon, Battalion Chief/Fire Marshal National City Fire Department 140 East 12th Street, Suite A National City, CA 91950 Mr. Victor Castro Productive Real Estate, LLC 4354 34T" Street San Diego, CA 92104 Mr. Miguel Alvarez, Sweetwater Authority (w/o enclosures) L\engr\Dev12701, 2703, and 2820 East 188) St\CortLtr - Water Avail - 11-28-07.doc; 13 200 100 0 Sweetwater Authority Existing Water Facilities 200 Feet u. =I MIN Subject Property: 2701, 2703, 2820 E. 18th St. APN 558-200-17 & 18-00 National Cjty 1/4 SEC. 107 • Fire Hydrants - Water Mains - Water Services M nu. ee.MMYnd by ...mec. n.., b .wwrt ml/ sOw dmipud _Mari Ina .. to, -YC b sY Nv WPus .alW an .wmon lsn.4 a s.wr•••...e.ar 0.11.070.10 *AV, b.*fa renn Gb NUCA M111,176 WIq 4.4413 HY MM.r TOM IR..T a ono. a Awn so aironvonnt ar. Lunn,. .nw.ad.dmwa. .a , no.. ...an. . Mo, •un lw cum bon. rerun 41. b.m:+up M•: e,n l..•...o-.wa. ,_ V-+. •• n _Id.9 *un Sus — 1. ma, nnitrlmw yM.ian.n n fan . etlGw•• gww.•.n, 4M Rift a.f.'utlpa en Ii.ur.n n [g81[.l taut*n STAY. I.q.!worm an' nM :..na A.e•w. SAC .u. Yi. rhoun T101 nJ/1 19 wl...K e.,.,wn. �Yn,�rf..i�Mvlc�c�N+Y�.eln'..Ns.fllnl! t8P_Ifii:AS City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR PROPOSED NEGATIVE DECLARATION Project Title: General Plan/Zoning Map change from RS-2 to CL and CI JP for a 16-unit apartment complex at 2701-2703 and 2729 East 18'h Street— 2007-60 IS Applicant: Address of Project: Productive Real Estate Victor Castro (619) 335-0091 4354 34'h Street, San Diego, CA 92104 0.87-acre site on the north side of East 18th Street, east of I,anoitan Ave. within the City of National City (APNs 558-200-17 and 558-200-18) ****************************************************************************.** Project Description The project site, consisting of two existing parcels, is a 37,835 square -foot rectangular property that stretches from East 18th Street to East 17t Street. The property is relatively flat for the first 190 feet, Calling just ten feet, before sloping down another 15 to 20 feet to 17th Street. In this area of the City, East 17th Street is a paper street, which means that it is not graded or paved. The 20 feet right-of-way is present throughout, though appearing as a dirt path rather than a paved street. Three single-family homes currently occupy the project site, two on Assessors Parcel Number 558- 200-18 and one on Assessors Parcel Number 558-200-17. 1'he lots contain little vegetation, with some mature eucalyptus trees and grass. The applicant is proposing to reclassify the zoning designation for the property from the Residential Single -Family (RS-2), to the limited Commercial (CL). The existing homes would be demolished and two eight -unit apartment buildings, 6,400 square -feet of common open space for tenant recreational use, and five guest parking spaces would be constructed on site. Each of the sixteen units will be 1,507 square -feet, and include a 400 square -foot, two -car garage. The units will have three bedrooms and two -and -a -half bathrooms, as well as approximately 380 square -feet of private open space consisting of two second -story decks and a private yard at ground level. The primary construction materials include a stucco finish, asphalt roof shingles, with wrought iron and cedar fencing. Access to the site will be from East 18th Street via a 24-foot driveway. Environmental Findings: The Negative Declaration (2007-60 IS) has been considered together with any comments received during the public review process, and based on the whole record (including the Initial Study Checklist and any comments received) 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. A copy of the Initial Study documenting reasons tf support the finding is attached (2007-60 IS). ® Recycled Paper l . PROJECTTITLE/PROJECT #: 2. LEAD AGENCY: Contact: Phone: 3. PROJECT LOCATION: 4. PROJECT PROPONENT: Contact: Phone: 5. COMBINED GENERAL PLAN/ ZONING DESIGNATION: General Plan/Zoning Map change from RS-2 to CL a pp, for a 16-unit apartment complex at 2701-2703 and 2729 rag 18th Street - 2007-60 IS City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Martin Reeder, Assistant Planner (619) 336-4310 0.87-acre site on the north side of East 18tt' Street, east of Lanoitan Avenue, within the City of National City (APNs 558-200-17 and 558-200-1S) Productive Real Estate 4354 34th Street, San Diego, CA 92104 Victor Castro (619) 335-0091 Residential Single -Family zone (RS-2) 6. ASSOCIATED APPLICATIONS: 2008-60 GP/ZC/CIJP 7. PROJECT DESCRIPTION: The project site, consisting of two existing parcels, is a 37,411uare- foot rectangular property that stretches from Fast 18th Street to Past 17t Street. 'l'he property is relatively flat for the first 190 feet, falling just ten feet, before sloping down another 15 to 20 feet to 17th Street. In this area of the City, East I7th Street is a paper street, which means that it is not graded or paved. The 20 feet right-of-way is present throughout, though appearing as a dirt path rather than a paved street. Three single-family homes currently occupy the project site, two on Assessors Parcel Number 558-200-18 and one on Assessors Parcel Number 558-200-17. The lots contain little vegetation, with some mature eucalyptus trees and grass. The applicant is proposing to reclassify the zoning designation for the property from the Residential Single -Family (RS-2), to the Limited Commercial (CL). The existing homes would be demolished and two eight -unit apartment buildings, 6,400 square -feet of common open space for tenant recreatiopal use, and five guest parking spaces would be constntcted on site. Each of the sixteen units will be 1,507 square -feet, and include a 400 square -foot, two -car garage. The units will have three bedrooms and two -and -a -half 1b initial Study - Page 2 of 15 • bathrooms, as well as approximately 380 square -feet of private open space consisting of two wand -story decks and a private yard at ground level. The primary construction materials include a stucco fiBj it, asphalt roof shingles, with wrought iron and cedar fencing. Access to the site will be from East 18th Street via t} 24-foot driveway. 8. OTHER AGENCIES WHOSE APPROVAL. MAY BE REQUIRED (AND PERMITS NEEDED): N/A ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or is "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. ❑ Land Use & Planning ❑ Transportation/Circulation ❑ Public Services ❑ Population & 'lousing ❑ Biological Resources ❑ lltilities & Service Systems ❑ Geological Problems ❑ Energy & Mineral Resources ❑ Aesthetics ❑ Water ❑ Hazards ❑ Cultural Resources ❑ Air Quality ❑ Noise 0 Recreation ❑ Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this Initial Evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case hccause the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effects) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or is "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effect that remains to be addressed. 17 Initial Study - Page 3 of 15 Signature Date Printed Name: MARTIN REEDER Title: ASSISTANT PLANNER EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "lyfi Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to the project. A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards. 2. All answers must take account of the whole action involved. Answers should address off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as gperalional impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidgrlcg than an effect may be significant. If there are one or more "Potentially Significant Impact" entrieg when the determination is made, an EIR is required. 4. "Negative Declaration: Icss than Significant w/ Mitigation Incorporated" applied where the incorporation of a mitigation measure has reduced an effect from "Potentially Significant Impact" to "Jess then Significant Impact". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(L)). 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). References to a previously prepared pf outside document should, where appropriate, include a reference to the page or pages where the sl/igq►ent is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. This in only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whichever format is selected. 9. The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance. 18 Initial Study - Page 4 of 15 ISSIJFS with Supporting Documentation & Sources I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime Views in the area? Potentially i.ess Than less Than No Significant Significant Significant impact Impact w/ Mitigation impact Incorporation ❑ 0 q El 0 0 q El O ❑ 0 El O ❑ ❑ El Discussion: There arc no designated scenic vistas nearby or across the proposed project site. As such, no vistas would be adversely impacted by the proposed project. Also, the City does not have a policy to protect private viewshrds. The proposed project site is currently used as a residential lot, with three older single-family homes, thus not containing any scenic resources. The site is surrounded by other residential uses, some smaller scale commercial uses across 18'" Street and a church four lots to the east. The proposed development includes 16 new apartment units with varied building materials and architectural elements, as well as the standard associated improvements and landscaping. Development of the site would improve aesthetics of the arca by providing landscaping and amstruction of 16 residences, where there is currently little landscaping and three older, deteriorated homes bordering a dirt road. Therefore, the proposed project would not have a significant adverse effect on scenic resources, since implementation of the project would remove deteriorated structures and replace them with a cohesively -designed, well -landscaped multi -family complex. The proposed development would consist of residential units that would include design features to direct lighting to the project site and avoid spillover to adjacent areas. (Sources: 1, 2, 3, 4) IL AGRICULTURE RESOURCES In determining whether impacts to agricultural resources arc significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation & Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project a) Convert Prime farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to ?ton -agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Potentially Less Than Less Than No Significant Significant w/ Significant impact Impact Mitigation Impact Incorporation O ❑ ❑ El ❑ 0 0 El ❑ 0 0 El Discussion: National City is a built -out community and there is no farmland mapped or planned to he mapped within the 19 initial Study - Page 5 of 15 iSSI)ES with Supporting [)ocumentation & Sources Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact Incorporation City, or more specifically on the project site. The site is also currently zoned for single-family residential, and no Williamson Act contract is associated with the land; therefore, thc development would have no impact on agricultural zoned areas. (Sources: 1, 4) III. AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? c) Create objectionable odors affecting a substantial number of people? Potentially I..ess Than Less 'Ilan No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ D ❑ El ❑ ❑ ❑ Eg ❑ ❑ ❑ ®' ❑ ❑ ❑ El ❑ ❑ ❑ El Discussion: The County of San Diego is in attainment for all California Clean Air Act (CCAA) pollutants with the exception of ozone. The proposed project includes the development of single-family structures on property currently improved as a parking lot, and does not include any design components that would obstruct the Regional Air Quality Strategy (RAQS) for San t)icgo County. According to vehicular traffic generation data published by the San Diego Association of Governments (SANE/AG) the project would result in an approximate increase of 9f daily vehicle trips. Emissions resulting from developing the site would be directly related to the amount of vehicular traffic generated by the facility. Consequently, while the proposed project would have an incremental impact to area -wide air -quality, the individual impacts attributed to this project are immeasurably small on a regional scale and will not cause ambient air -quality standards to be exceeded or have a significant impact on air quality. As the project site has some slopes, the proposal is anticipated to require moderate grading on -site. Ilowever, any impacts from construction equipment and operations would be minimal and temporary in nature and the project applicant would be required to implement dust control measures. While dust from grading and other site preparation would generate particulate matter emission, due to the limited period in which grading will be conducted, and with appropriate use of Best Management Practices (13MP) for dust control, site clearance and grading, the project would not generate significant particulate matter or dust. Therefore, the proposed project would not have a significant impact. (Sources: 4, 7, 12) IV. BIOLOGICAL RESOURCES Would the project: a) 'lave a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game (CDBG) or U.S. fish and Wildlife Service? h) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, Potentially Less Than Less 'Ilan No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ ❑ ❑ ❑ 0 El 20 Initial Study - Page 6 of 15 ISSUES with Supporting Documentation & Sources policies, and regulations or by the California Department of Fish and Game (CI)FG) or US Fish and Wildlife Service? c) have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal taxi!, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Iiabitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Potentially Less Than Less Than No Significant Significant Significant impact impact w/ Mitigation impact Incorporation ❑ ❑ ❑ ❑ 0 0 El 0 ❑ ❑ El ❑ 0 0 El Discussion: The proposed project site contains little vegetation other than a few eucalyptus trees and grass. Also, no jurisdictional wetlands, other sensitive habitat, or sensitive species are located on the property; and data provided by the U.S. Fish & Wildlife Service indicate the proposed project site contains no jurisdictional wetlands or jurisdictional waters of U.S. or state -defined strcambeds. The project site is located completely within an urbanized arca, surrounded by development and contains no sensitive habitats or biological resources that are protected by local policies or ordinances. There are also no adopted habitat conservation plans known that include the proposed project site; therefore, there is no impact. (Sources: 1, 2, 4, 5) V. CULTURAL RESOURCES Potentially Less Than Les Than No Significant Significant w/ Significant Impact Would the project: Impact Mitigation Impact Incorporation a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? 0 0 0 ❑ ❑ 0 IZ O 0 0 El O ❑ ❑ El Discussion: No historical or archaeological resources as defined in Section 15064.5 are known to exist on the proposed project site. Additionally, the developed nature of the area as a residential neighborhood, along with the nearby commercial propertics, suggests that no impacts to archaeological resources are anticipated. The homes, although old (constructed in 1927 and 1935), are not of any noteworthy architectural style or significance, nor are they on any historic list maintained by the State or the City Of National City. No cultural resource constraints are known to exist on the currently developed project site. As such, there is a relatively low probability of disturbing any human remains and therefore, no significant impact. In the event of the ac idental discovery or recognition of any human remains during construction, the applicant shall take all appropriate steps as required by relevant federal, state, and local laws. Therefore, the proposed project would not result in a significant impact to cultural resources. (Sources: 1,4) 21 Initial Study - Page 7 of 15 ISSUES with Supporting Documentation & Sources VI. GEOLOGY & SOILS Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 4Z. ii) Strong seismic ground shaking? iii) Seismic -related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? e) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-11 of the Uniform Building Code (1994), creating substantial risks to life or propel? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact Incorporation ❑ ❑ 0 El ❑ 0 0 El 0 0 0 El O 0 0 El O 0 0 El O 0 0 El O ❑ 0 El ❑ 0 ❑El Discussion: California Geological Survey information indicates the site is not located within an Alquist-Priolo Special Studies Zone, and there are no known active or potentially active faults that intercept the project site; therefore, the potential for ground rupture at this site is considered low. The nearest active fault to the site is the Rose Canyon Fault, located approximately three miles to the west. Accordingly, the site is not considered to possess a significantly greater seismic risk than that of the surrounding area in general. The site is not within an area susceptible to landslides and not within a fault zone, slide prone area or an area susceptible to liquefaction; therefore there is no impact or incrca.sed exposure to landslides due to the proposed project. It should be recognized that Southern California is an area that is subject to some degree of seismic risk and that it is generally not considered economically feasible nor technologically practical to build structures that are totally resistant to earthquake -related hazards. Construction in accordance with the minimum requirements of the Uniform Building Code should minimize damage due to seismic events. Due to the number and nature of the active and non -active fault lines within the southern California region, it can not be known when earthquakes will occur, therefore, there is a less than significant impact. The project site is currently underutilized, with three small homes and has little or no vegetation upon it. Proposed plans include substantial non -permeable development (two eight -unit apartment buildings and all additional open areas are proposed to be landscaped. Additionally, all design and construction will require conformance with City's stormwater ordinance. Therefore, there is no impact or increased substantial erosion due to the proposed project. The proposed project site would have traditional sewer laterals, which will connect with the existing sewer system that serves the City. There would be no use of septic tanks or alternative waste water disposal systems; therefore, no impact. (Sources: 2, 4, 13) 22 Initial Study - Page 8 of 15 ISSUES with Supporting Documentation & Sources VII. HAZARDS & HAZARDOUS MATERIALS Would the project a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the envimnmcnt through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? c) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Potentially Less Than Less Than No Significant Significant Significant impact Impact w/ Mitigation impact Incorporation O 0 ❑ ❑ ❑ 0 ❑ 0 0 El O 0 0 El O 0 ❑ El O 0 0 El ❑ ❑ 0 El ❑ ❑ ❑ Discussion: The proposed project site is within an area that is not identified as a hazardous materials site. There has been no prior use of the property that involved hazardous materials, nor is the proposed multi -family residential use of the site associated with any anticipated hazardous materials. Also, the site is not within two miles of a public or private airport or associated airport plan. The project is not adjacent to any wildlands or land subject to wildland fires; therefore there would not be any significant risk of loss, injury or death involving wildfires. Therefore would not be an impact (Sources: 1, 2, 4, 10, 13, 14) VIII. HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards or waste discharge requirements? h) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses Potentially Less Than Less Than No Significant Significant w/ Significant impact impact Mitigation Impact incorporation ❑ ❑ ❑ El ❑ 0 0 El 23 Initial Study - Page 9 of 15 ISSUES with Supporting Documentation & Sources for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? c) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff/ 0 Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? Potentially Significant impact Less Than Significant w/ Mitigation Incorporation Lcss Than Significant Impact No impact ❑ ❑ ❑ El ❑ ❑ 0 El ❑ ❑ 0 EA ❑ ❑ 0 El ❑ ❑ 0 El ❑ ❑ 0 El ❑ ❑ ❑ 0 ❑ 0 El Discussion: The proposed project is subject to state and local stormwater requirements including appropriate design features that adequately address water quality discharge requirements; therefore, there would be no significant impact Also, the site is located in an urbanized developed area and includes appropriate construction and permanent best management practices that would not significantly impact water quality. The proposed project site has no streams or rivers at or near the site. The requirements of the permit would control drainage on -site and not create an adverse effect to the natural drainage pattern of the site. The project will also be subject to state and local stormwater requirements, including appropriate drainage facilities to ensure adequate drainage on -site or into a city stormwater facility. Development of the project will not substantially increase the rate or amount of surface runoff and create flooding, nor will it create substantial erosion or siltation; therefore, there would be no significant impact The area is not within a failure area of a levee or dam; therefore, there would be no exposure of people: or structures to any significant risks. The site is located also outside the boundaries of both the 100-year and 500-year flood zones and is several miles inland from the San Diego Bay and other water features that would create the natural disasters mentioned above; therefore, there is no impact. (Sources: 1, 2, 4, 15) IX. LAND USE & PLANNING Would the project a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Potentially Significant impact Less 'Ulan Significant w/ Mitigation Incorporation Less Than No Significant Impact Impact ❑ ❑ ❑ ❑ ❑ ® ❑ 24 Initial Study - Page 10 of 15 ISSUES with Supporting Documentation & Sources c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Potentially Less Than Less Than No Significant Significant Significant impact Impact w/ Mitigation Impact Incorporation ❑ ❑ 0 El Discussion: The arca surrounding the project site is a mix of residential and commercial uses, including a church, and a restaurant, as well as some vacant parcels; therefore no established community would be divided. The area also includes parcels with similar multi -family development and in the RS-2 zone. The current zoning for the property is single-family residential (RS-2), which allows for one single-family home per lot, with a minimum lot size of 5,000 square feet (8.7 units per acre). The proposed project would be for a 16-unit apartment complex on a 37,835 square -foot lot (18.4 units per acre). Therefore, the proposed project conflicts with the General Plan density and housing style requirements. hi order to pursue the project, the applicant proposes to rezone the property to the adjacent zoning to allow for higher density and multi -family opportunities; the properties adjacent to the west for the remainder of the block arc zoned Limited Commercial (CL). If approved, the proposed zone reclassification would allow for up to 22.7 units per acre with an approved Conditional Use Permit. With the requisite zone change and development approval, there would be no conflict with any applicable plan, policy or regulation. Without the zone change, no additional construction would he permitted that did not conform to the standards of the existing zone. Therefore there would he a less than significant impact. ?'here is no habitat conservation or natural community conservation plans applicable in this area, therefore there is no impact. (Sources: 1,2, 4) X. MINERAL RESOURCES Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? h) Result in the Toss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ 0 ❑ El O ❑ 0 El Discussion: There are no known mineral resources on the proposed project site or delineated on a local plan for the site; therefore, there is no impact. (Sources: 1, 2, 4) XI. NOISE Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance:, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the projccfl (I) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Potentially less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation O ❑ 0 O 0 0 El ❑ 0 0 El ❑ ❑ ❑ El 25 Initial Study - Page 11 of 15 ISSUES with Supporting Documentation & Sources c) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Potentially Significant Impact Less Than Significant w/ Mitigation Incorporation Less Than No Significant Impact Impact ❑ ❑El ❑ 0 0 Discussion: While the proposed project area is in an urbanized area, it does not fall within an area of the National City General Plan Noise Contour Map subject to elevated levels of ambient noise. In addition, the project will comply with requirements of the State Building Code and City ordinances with regard to noise for multi -family residential projects. This requirement will be incorporated into project structural plans, and therefore there is no significant impact to new residents. The project, by its nature as a multi -family project, would not typically generate noise levels or ground borne vibration in excess of local standards to affect neighboring properties. The associated grading and construction on the project site would create temporary noise impacts. Modern construction equipment, properly used and maintained, should not exceed the noise limits contained in the City's Noise Ordinance. All noise generated by the project would be required to comply with the City's Noise Ordinance. Upon completion of the project, all noise from the project operations would be required to conform to the City's Noise Ordinance, and because construction noise is temporary, no significant impact from the project would occur. The proposed project site is not located within an airport land use plan or within two miles of a public use airport or private airstrip; therefore, there is no impact to those people working on the project site. (Sources: 1, 2, 4) Xii. POPULATION & HOUSING Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Potentially Less Than Less Than No Significant Significant w/ Significant impact Impact Aitigation impact Incorporation ❑ ❑ ❑ ❑ ❑ ❑121 ❑ ❑ ❑ Discussion: The proposed project is a residential housing development including 16 new apartment units. As such, no significant increase to population within the City would be expected as a result of the proposal. Also, while the development would result in some new population growth on the proposed property, the increase is not considered substantial as, if the project (including a Zone Change) is approved, the City's General Plan would allow for a maximum density of 22.7 units per acre on the site in this env.. If no Zone Change is approved, there is no project. Therefore, there is no impact The proposed project would not displace substantial numbers of people or housing, as the project includes the addition of more housing units on a site that is currently improved with less than the amount proposed. As such, there no impact expected as a result of this project. (Sources: 1, 2, 4) XIII. PUBLIC SERVICES Potentially Sigaificaat Impact a) Would the project result in substantial adverse physical impacts Less Than Significant w/ Mitigation Incorporation Less Than No Significant Impact Impact 26 Initial Study - Page 12 of 15 ISSUES with Supporting Documentation & Sources associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact Incorporation D ❑ ❑ El ❑ D ❑ El ❑ ❑ ❑ El ❑ ❑ ❑ El ❑ ❑ ❑ El Discussion: The proposed project would not result in adverse impacts to public services. The project site is currently and will continue to be served by the National City Fire and Police Department. The closest Fire Department is less than a half mile away on Euclid Avenue and 24t't Street, and the City Police Department less than 2 miles away at 12th Street and National City Boulevard. Typical response time for this neighborhood would not be adversely impacted, as plans do not involve changes to public streets adjacent to the site and since plans include retaining emergency access throughout the project area. Also, the development will generate impact fees specifically slated for public services that will supplement any additional requirements brought about by the development therefore, there is no significant impact. The proposed project would result in no impacts to City schools or parks, as the proposed 16-unit residential project would be expected to result in a negligible additional of school children or population in the area. Based on information from the San Diego County Office of Education, National School District has had declining enrollment numbers since 2001. Sweetwater Union High School District enrollment has been increasing in for the last several years. Ilowever, the rate of increase has dropped significantly in the last 3 years. The project also includes sufficient private open space on -site for use by residents to meet City requirements. (Sources: 1, 2, 4, 11, 16) XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? h) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? ❑ ❑ ❑ El ❑ ❑ ❑ El Discussion: 'The proposed project includes the construction of a 16 apartment units, each with private, fenced rear yards, along with common open space areas for the entire development. As such, the proposed residential use of the project site would not substantially increase the use of local recreational facilities, necessitate construction of additional recreational facilities, or remove or impact existing facilities in the surrounding area; therefore, there is no impact. (Sources: 2, 4) XV. TRANSPORTATION/TRAFFIC Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the Potentially less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ ❑ El 27 Initial Study - Page 13 of 15 ISSUES with Supporting 1)ocumcntation & Sources volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Potentially Lcss Than Lcss Than No Significant Significant Significant Impact Impact w/ Mitigation Impact Incorporation ❑ ❑ ❑ El ❑ ❑ ❑ D ❑ ❑ ❑ ❑ ❑ El ❑ ❑ ❑ El ❑ ❑ ❑ El Discussion: 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 usc, since Fast 18"' Street, a Major Collector Street, has adequate capacity to handle the 96 average daily trips that would potentially be generated by the proposed use. Based on comments from the City's Transportation Engineer, there are no expected impacts to City streets. The project provides for parking as required by thc land Use Code and a "No Parking" stripe will be included as a Condition of Approval of the project to ensure no vehicles block driveway access to the proposed residences. Therefore, there is no impact (Sources: 1, 2, 4, 10, I I , 12) XVI. UTILITIES & SERVICE SYSTEMS Would the project a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? e) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the pmject's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate thc project's solid waste disposal needs? Potentially I.e_ss Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ 0 ❑ 0 0 El ❑ ❑ 0 El ❑ ❑ ❑ El ❑ 0 ❑ El ❑ ❑ ❑ 28 initial Study - Page 14 of 15 ISSUES with Supporting Documentation & Sources g) Comply with federal, state, and local statutes and regulations related to solid waste? Potentially Less Than Less Than No Significant Significant Significant impact Impact w/ Mitigation Impact incorporation ❑ ❑ ❑Ei The proposed project would be designed and constructed using Best Management Practices (BMPs) to appropriately handle wastewater and not exceed wastewater treatment requirements of the San Diego Regional Water Quality Control Board; therefore, there is no impact. The proposed project is located within an urbanized arca and served by cxisting water facilities. Although there are adequate water supplies available for the existing homes on site based on existing resources, project conditions would include cooperation with Sweetwater Authority, the service provider, to ensure sufficient systems continue to be made available on -site. Also, all neressary improvements will be included with the project approval and construction will be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations; therefore, then: would not be a significant adverse impact. The proposed project site would be served by EDCO, the local waste collection and recycle company. EDCO has a contract with the City to handle City solid waste disposal needs. According to EI)CO staff, the company utilizes several landfill sites for the disposal of waste collected in National City, with the most common being Otay Mesa, Sycamore, and Miramar Landfills. Each of these sites has ample capacity available; therefore, there is a less than significant impact. in addition, the proposed project would comply with all federal, state, and local statues and regulations related to solid waste. (Sources: 1, 2, 1 1) XVII. MANDATORY FINDINGS of SIGNIFICANCE a) Does the pmjcct have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) t)oes the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when Viewscd in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ ❑ ❑ 0 0 El ❑ ❑ 0 El Discussion: No significant impacts to the environment as a result of this project have been identified. Approval of the project is not expected to have any significant impacts, either long-term or short-term, nor will it cause substantial adverse effect on human beings, either directly or indirectly. 29 Initial Study - Page 15 of 15 REFERENCE SOURCES: Reference # Document Title 2 National City General Plan City of National City Municipal Code 3 City of National City Design Guidelines 4 16 1lnits on 18'h St. Project Plans (2007-60 GP, ZC, CUI', IS) 5 US l'ish and Wildlife Wetland Mapper System 6 FEMA Map Service Center 7 8 9 10 It 12 13 14 15 16 2004 Triennial Revision of the Regional Air Quality Strategy for San I)iego County, July 2004 Air Quality in San Diego County, Air Pollution Control District for San Diego County, 2006 Environmental Assessment Form for project County of San Diego Department of Environmental ticalth wcbsitc Comments from National City fire, Building, Public Works & Engineering Departments and Sweetwater Authority 1995 National City Transportation Study (SANDAG) California Geologic Survey Department of Toxic Substances Control California Water Plan Update 2005 San Diego County Office of Education Available for Review at, National City Planning Dept 1243 National City Boulevard National City, CA 91950 http://wetlandsiws.er.usgs.gov/wtIn ds/launch.htm( www.fcma.gov National City Planning Dept www.sdcounV.ca.gov/deh/ National City Planning Dept. http://www.consrv.ca.gov htlp://www.dtsc.ca.gov http://www.waterplan.water.ca.gov http://www.sdcoemet 30 PROJECT DATA: r..200fq ,..1,.....,a.,m.m.,. I1•0m.100 W W ®O at w..ms w.�. .a..I.Tesn.. rY r.ry ..... WO .•••am..s ,___ nu.urrwv u.1•.s r•• eats m.va.MVm vasys.v.n s vana .u..w.uw11 om..r• Mil .. 1•411=MIEt NWIFI..T we.mlw•1 Ise. ..n.v..sua.«e, s.o•I0.unI.1 . mra.n..s0.= II IT I M. SZ100 Ate► 111111111w MOM E. 1')1►. 95.1�0' at*ta um str STYE PLAN. Ir L ri 1 LI tt LL MIO r- 1. en.*,... h FIRST FLOOR PLAN @IMG.MIlf� ,a V•+'P VOL IYLO IM f. E9l WMO.OW f. SECOND FLOOR PLAN ItY 1164 MO gg *sniff iseemenreorYe0a was is oeminv J.eY•='a.n� slummy 3 NYw9VB j .�.-1/31VW u..w 'WON Ira INV/1LCNLt 0111SVJ71A sualiaarvavJIIN(IIIM:N I! C)00(-10O9 ® )11 EAST ELEVATION 11411,0) ; • .1111 1.1 :1111 '4111111 16 1 11 •Ii ill 4' NORTH ELEVATION (VIEW FROM 17TH. ST.) pp. :72,..0 ef ero. I. Lest., or 6' MO ,ne.riP21) 111104101111/4*.R, .0011) L l7 E18tILST. CONCEPTUAL LANDSCAPEING PLAN 41 LAPIrlet 11.16111.1.16 :00001.1/11-.2 talla 411‘.1.,1.01OR 1.1.0.13 4C 44 t./.1".Ift %ALAS" 111,041,0601.04015, [tilt .3.144•4a 11 6' rtst, YAM - PUM110111 11112(ff) 1 L. Oda. Err,. • jejf &If 1 / t, • 1,4Z5 1..altAt r.s-stin casocrans L14.5 *roc • • — ";, • ISTIL ST. PRELIN1LNARY GRADENG PLAN 1,37 a 2 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 6, 2008 AGENDA ITEM NO. 23 /EM TITLE PUBLIC HEARING FOR TI IE ISSUANCE OF CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY REVENUE BONDS IN CONNECTION WITH THE LUMINA NATIONAL CITY APARTMENTS PREPARED BY Alfredo Ybarra (Ext. 4279) EXPLANATION DEPARTMENT 1 31-6 Housing 1 The City Council is being asked to hold a public hearing to provide an opportunity for all interested persons to speak or to submit written comments concerning the proposal to issue the debt and the nature or location of the project. The project is to be located at 1105-1125 National City Boulevard and 41-43 East 12th Avenue, National City. The California Statewide Communities Development Authority (CSCDA) proposes to issue multifamily housing revenue bonds in the amount not to exceed $120,000,000 and to lend the proceeds to Constellation Amerland Partners, LLC, a California limited liability company. Proceeds will be used for the construction and development of an approximately 204-unit multifamily housing residential project. Environmental Review Ni N/A Financial Statement There is no fiscal impact associated with this request. Approved By: Finance Director Account No. STAFF RECOMMENDATION N/A BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Background Report A-200 (9/99) BACKGROUND REPORT The Internal Revenue Code of 1986 (the "Code") requires that the "applicable elected representatives" of the jurisdiction in which a project to be financed with "private activity bonds" is to be constructed adopt a resolution approving the issuance of such "private activity bonds" after holding a public hearing which has been noticed in a newspaper of general circulation in such jurisdiction. The City Council is being asked to hold such public hearing which has been noticed as required by the Code. The proposed resolution would act as the approval by the "applicable elected representatives" with respect to the proposed Project. The CDLAC application for "private activity bond" allocation for a multifamily housing project requires the inclusion of the approval resolution. If the City Council adopts this resolution, CSCDA will proceed with the submission to CDLAC of an application for "private activity bond" allocation for the purpose of financing the acquisition and construction of the Project. As announced in the published notice, this hearing is simply an opportunity for all interested persons to speak or to submit written comments concerning the proposal to issue the debt and the nature or location of the Project. There is no obligation on the part of the City Council to respond to any specific comments made or submitted. The City would not be a party to the financing documents. As set forth in Section 9 of the Amended and Restated Joint Exercise of Powers Agreement of CSCDA, the debt would not be secured by any form of taxation, or by any obligation of either the City or CSCDA. Neither would the debt represent or constitute a general obligation of either the City or CSCDA. Pursuant to the governing California statutes and the JPA Agreement, a member of CSCDA is not responsible for the repayment of obligations incurred by CSCDA. The debt would be payable solely from amounts received pursuant to the terms and provisions of financing agreements to be executed by the Developer of the proposed facility. In the financing documents the Developer will also provide comprehensive indemnification to CSCDA and its members, including the City. The City's membership in the Authority bears with it no cost or other financing obligation, but serves as a public acknowledgement by the host jurisdiction of the project financing. In receiving the bond proceeds, the Developer would preserve thirty-six apartment units of the 204 total residential units (180 apartments and 24 condominiums) to very low-income households earning no more than 50 percent of the area median income (AMI). City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 6, 2008 AGENDA ITEM NO. 24 ITEM TITLE PUBLIC HEARING - FISCAL YEAR 2008-2009 FUNDING CYCLE FOR THE CDBG AND HOME PROGRAMS PREPARED BY Rosemary Toscano ,,( (Ext. 4391) �` DEPARTMENT City Manager's Offic EXPLANATION The City has developed a draft Annual Action Plan (AAP) that describes the proposed activities to be funded with FY 2008-09 Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) Program funds. The purpose of the final Public Hearing #4 is for the City Council and the Housing and Community Development Committee (HCDC) to review public comments received during the AAP 30-Day public review/comment period; which ran from April 3, 2008 through May 5th, 2008. In addition, interested persons and community groups will be provide with one last opportunity to share their thoughts and comments regarding the City's draft AAP. All comments received will be incorporated into the final plan that will be submitted to HUD, no later than May 15, 2008. Following the public hearing, and after all public comments have been considered, the City Council will take final action on the AAP. Environmental Review N/A Financial Statement Approved By: Finance Director The estimated amount of funding available for FY 2008-2009 for each program is as follows: Community Development Block Grant - $1,092,595 Account No. Home Investment Partnership Program - $574,466 STAFF RECOMMENDATION Conduct public hearing. BOARD / COMMISSION RECOMMENDATION Not applicable to this report. ATTACHMENTS ( Listed Below) Resolution No. Attachment 1: Public Notices for Public Hearings Attachment 2: Public Notice - Summary of the FY 2008-2009 CDBG and HOME Funding Recommendations A-200 (9/99) ATT HMENT PUBLIC NOTICE CITY OF NATIONAL CITY PUBLIC HEARINGS FOR FISCAL YEAR (FY) 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM FUNDING Notice is hereby given that the City of National City Council and the Housing and Community Development Committee (HCDC) will hold four (4) Public Hearings: Y PUBLIC HEARING #1 — Tuesday, January 8, 2008 at 6:00 p.m. The purpose is to review community needs, discuss eligible activities for both the CDBG and HOME Programs, and solicit public comments and input regarding the use of these funds. PUBLIC HEARING #2 — Tuesday, March 18, 2008 at 6:00 p.m. The purpose is to hear presentations from agencies that have submitted applications for CDBG and/or HOME Program funding. PUBLIC HEARING #3 — Tuesday, April 1, 2008 at 6:00 P.M% The purpose is for the Council and HCDC to discuss their funding recommendations and for the Council to formulate their funding recommendations for the FY 2008-2009 CDBG and HOME Program Funds. ➢ PUBLIC HEARING #4 — Tuesday, May 6, 2008 at 6:00 p.m. The purpose is to review public comments received during the 30-Day Annual Action Plan public review period; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the proposed FY 2008-2009 CDBG & HOME Program funding recommendations (Annual Action Plan). The estimated amount of funding available for FY 2008-2009 for each program is as follows: Community Development Block Grant - $1,135,000 v Home Investment Partnership Program - $593,000 Interested persons and community groups are invited to attend these hearings. All public hearings will be held at the City of National City. City Hall Council Chamber, located at 1243 National City Boulevard, National City, CA 91950. For more information regarding this process, please call the Grant and Housing Department at (619) 336-4391. Hearing impaired persons please use the CAL Relay Service Number 711. City facilities are wheelchair accessible. 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. Asistencia En Espanol: para que le interpreten la solicitud en espanol, Ilame al (619) 336-4563. Chris Zapata, City Manager City of National City Publish: The Union Tribune Dates: December 22,2007 A fR C 141,-(eys.lr t? PUBLIC NOTICE CITY OF NATIONAL CITY PUBLIC HEARINGS FOR FISCAL YEAR (FY) 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM FUNDING Notice is hereby given that the City of National City Council and the Housing and Community Development Committee (HCDC) held the first of four (4) Public Hearings on Tuesday, January 8, 2008 with the remaining three hearing to be conducted between March and May of 2008. Listed below is a summary for each of the public hearings: ▪ PUBLIC HEARING #1 — Held on Tuesday. January 8. 2008 at 6:00 a.m. The purpose was to review community needs, discuss eligible activities for both the CDBG and HOME Programs, and solicit public comments and input regarding the use of these funds. PUBLIC HEARING #2 — Tuesday. March 18, 2008 at 6:00 D.m. The purpose is to hear presentations from agencies that have submitted applications for CDBG and/or HOME Program funding. PUBLIC HEARING #3 — Tuesday. April 1. 2008 at 6:00 a.m. The purpose is for the Council and HCDC to discuss their funding recommendations and for the Council to formulate their funding recommendations for the FY 2008-2009 CDBG and HOME Program Funds. PUBLIC HEARING #4 — Tuesday. May 6. 2008 at 6:00 p.m. The purpose is to review public comments received during the 30-Day Annual Action Plan public review period; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the proposed FY 2008-2009 CDBG & HOME Program funding recommendations (Annual Action Plan). The estimated amount of funding available for FY 2008-2009 for each program is as follows: ✓ Community Development Block Grant - $1,092,662 ➢ Home Investment Partnership Program - $574,417 Interested persons and community groups are invited to attend these hearings. All public hearings will be held at the City of National City. City Hall Council Chamber, located at 1243 National City Boulevard, National City. CA 91950. For more information regarding this process, please call the Grants Department at (619) 336-4391. Hearing impaired persons please use the CAL Relay Service Number 711. City facilities are wheelchair accessible. 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. Asistencia En Espanol: para que le interpreten la solicitud en espanol, name al (619) 336-4563. Chris Zapata, City Manager City of National City of National City Publish: Star News Dates: February 1, 2008 2_ A t-t"n)T 2_ CITY OF NATIONAL CITY FY 2008-2009 CDBG & HOME PROGRAMS DRAFT ANNUAL ACTION PLAN DRAFT ANNUAL ACTION PLAN (AAP) National City (NC) has developed a draft AAP that describes the proposed activities to be funded with FY 2008-09 CDBG and HOME entitlement funding. The AAP is part of the Five -Year Consolidated Plan covering the five years ending with fiscal year 2009-10. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM National City's CDBG entitlement for FY 2008-09 will be approximately $1,092,595. A competitive grant application process was conducted and the following activities have been recommended for funding by the City Council and the Housing and Community Development Committee (HCDC). These proposed activities will meet one of the following CDBG program national objectives: 24 CFR 570.208(a): Assist low- and moderate -income residents (L/M) 24 CFR 570.208(b): Aid in the prevention or elimination of slum and blight (S/B) Public Service Activities - $163,889 NC Comm. Services Dept/At-Risk Youth After -school Teen Program "Supreme Teens" - $20,550 NC Comm. Services Dept/Tiny Tots - $29,337 NC Public Library - Literacy Services - $47,250 Community Food Bank of National City (CFBNC)/ Project Hunger/Project Independence - $10,000 NC Diablos/NC Pop Warner Youth Football and Cheer Program - $30,000 South Bay Community Services/ NC Police Department Juvenile Diversion Program - $18,752 Trauma Intervention Programs of San Diego County, Inc./Crisis Intervention Team - $8,000 Prior Yr Commitments for Physical Improvement Activities - $603,086 NC Fire Dept/Lease Payment - Fire Truck #2: 4th Payment of a 5 year lease - $78,453 NC Fire Dept/Fire Station Construction - Section 108 Loan Payment - $524,633 Physical Improvement Activities - $107,101 Christmas in July*NC/City Clean -Up Program - $50,000 CFBNC/Walk-In Cooler Project - $13,000 NC Engineering Dept/Misc. Concrete Improvements/Upgrade Pedestrian Ramps $44,101 CDBG Administration - $218,519 NC Comm. Dev. Dept/CDBG Program Administration - $75,519 NC Comm. Services Dept/Neighborhood Council Program - $105,000 Fair Housing Council of SD/Fair Housing & Tenant -Landlord Education Services - $38,000 HOME INVESTMENT PARTNERSHIPS ACT (HOME) PROGRAM National City's HOME allocation for FY 2008-09 will be approximately $574,446. The following activities have been recommended for funding by the City Council and the Housing and the HCDC. Affordable Housing Activities - $517,446 Casa Familiar/Mitch Thompson/Don Countryman/NC Small Site Acqu./Rehab Prog. - $182,446 Habitat for Humanity/ G Street Condos (New In -fill Housing) - $335,000 Home Administration - $57,000 NC Comm. Dev. Department/HOME Program Administration - $57,000 A f t'y,! -'` . AVAILABILITY OF THE DRAFT ANNUAL ACTION PLAN This is your opportunity to comment on the information contained in the draft AAP, which will be available for public review and comment from April 3, 2008 to May 5th, 2008, at the City Hall Clerk's Office, Section 8 Housing Authority, Kimball Senior Center, and at the National City Public Library. All comments will be incorporated into the final plan that will be submitted to HUD, no later than May 15, 2008. Residents who would like more information and/or a copy of the draft AAP, or who would like to make comments regarding the plan may contact the NC Grants Section at 1243 National City Blvd, National City, CA 91950, phone (619) 336-4391, fax (619) 336-4349. Hearing impaired persons, please use the CA Relay Service Number (711). FINAL PUBLIC HEARING (PH) #4 FOR THE AAP — Mav 6th, 2008, 6PM The purpose of PH#4 is to review public comments received during the 30-Day public review period; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding proposed CDBG and HOME funding. The PH is scheduled for May 6th, 2008, at 6:00 p.m., and will be held at the NC Council Chamber, during the regularly scheduled City Council meeting. Immediately following the public hearing, and after all public comments have been considered, the City Council will take final action on the AAP. City facilities are wheelchair accessible. 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. Asistencia En Espanol: para que le interpreten la solicitud en esparto', Ilame al (619) 336-4563. Chris Zapata City Manager City of National City Publish: The Union Tribune April 6th, 2008 Publish: The Star News April 2008 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 6, 2008 AGENDA ITEM NO. 25 ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING TI IE ISSUANCE OF CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTI IORITY REVENUE BONDS IN CONNECTION WITH THE LUMINA NATIONAL CITY APARTMENTS PREPARED BY Alfredo Ybarra (Ext. 4279) EXPLANATION DEPARTMENT Housing P# The City Council is being asked to adopt a resolution which would approve the issuance of multifamily housing revenue bonds by the California Statewide Communities Development Authority ("CSCDA") for the purpose of financing the acquisition and construction of a multifamily residential housing facility (the "Project") to be located in the City. The purpose of the resolution is to allow the financing to meet a requirement of the Internal Revenue Code of 1986. The adoption of this resolution is the first step in the process of financing the proposed Project. Prior to the issuance of bonds the Project will need to receive "private activity bond" allocation from the California Debt Limit Allocation Committee and CSCDA will be required to adopt a resolution which would approve the execution and delivery of certain bond documents that would reflect the terms of the bonds. Environmental Review N/A Financial Statement There is no fiscal impact associated with this request. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Background Report Resolution Resolution No. A-200 (9/99) BACKGROUND REPORT The Internal Revenue Code of 1986 (the "Code") requires that the "applicable elected representatives" of the jurisdiction in which a project to be financed with "private activity bonds" is to be constructed hold a public hearing which has been noticed in a newspaper of general circulation in such jurisdiction and adopt a resolution approving the issuance of such "private activity bonds". The City Council is being asked to hold such public hearing which has been noticed as required by the Code. The proposed resolution would act as the approval by the "applicable elected representatives" with respect to the proposed Project. The CDLAC application for "private activity bond" allocation for a multifamily housing project requires the inclusion of the approval resolution. If the City Council adopts this resolution, CSCDA will proceed with the submission to CDLAC of an application for "private activity bond" allocation for the purpose of financing the acquisition and construction of the Project. The City would not be a party to the financing documents. As set forth in Section 9 of the Amended and Restated Joint Exercise of Powers Agreement of CSCDA, the debt would not be secured by any form of taxation, or by any obligation of either the City or CSCDA. Neither would the debt represent or constitute a general obligation of either the City or CSCDA. Pursuant to the governing California statutes and the JPA Agreement, a member of CSCDA is not responsible for the repayment of obligations incurred by CSCDA. The debt would be payable solely from amounts received pursuant to the terms and provisions of financing agreements to be executed by the Developer of the proposed facility. In the financing documents the Developer will also provide comprehensive indemnification to CSCDA and its members, including the City. The City's membership in the Authority bears with it no cost or other financing obligation, but serves as a public acknowledgement by the host jurisdiction of the project financing. In receiving the bond proceeds, the Developer would preserve thirty-six apartment units of the 204 total residential units (180 apartments and 24 condominiums) being constructed for very low-income households earning no more than 50 percent of the area median income (AMI). Affordable units will be dispersed proportionally over the 10 apartment levels. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY IN CONNECTION WITH THE LUMINA NATIONAL CITY APARTMENTS WHEREAS, the California Statewide Communities Development Authority (the "Authority') proposes to issue multifamily housing revenue bonds (the "Bonds") in an amount not to exceed $120,000,000, and to lend the proceeds thereof to a California limited partnership or a limited liability company related to or formed by Constellation Amerland Partners, LLC, a California limited liability company (the "Borrower"), to be used for the acquisition, construction and development of an approximately 204-unit multifamily housing residential project (the "Project"). The Project is to be located at 1105-1125 National City Boulevard and 41-43 East 12th Avenue in the City of National City (the "City"), all to be owned and operated by the Borrower; and WHEREAS, the Borrower will preserve 36 apartment units of the 204 total residential units (180 apartments/24 condominiums) to very low-income households earning no more than 50 percent of the area median income (AMI); and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986 requires the City Council of the City of National City (the "Council"), as the elected representatives of the City, the host jurisdiction of such facilities, to approve the issuance of the Bonds after a public hearing has been held following reasonable notice; and WHEREAS, a public hearing was held by the Council on this 6th day of May, 2008, following duly published notice thereof, and all persons desiring to be heard have been heard; WHEREAS, it is in the public interest and for the public benefit that the Council, as the elected representatives of the City, the host jurisdiction of the subject multifamily housing residential facility, approve the issuance and delivery by the Authority of the Bonds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: 1. The Council hereby finds and determines that the foregoing recitals are true and correct. 2. The Council hereby finds, determines, and declares that issuance by the Authority of the Bonds in the maximum principal amount of $120,000,000 for the purposes described above is hereby approved. 3. The issuance and delivery of the Bonds shall be subject to the approval of and execution by the Authority of all financing documents relating thereto to which the Authority is a party and subject to the sale of the Bonds by the Authority. Resolution No. 2008 — May 6, 2008 Page 2 4. The adoption of this Resolution is solely for the purpose of meeting the requirements of the provisions of the Internal Revenue Code of 1986, as amended, and shall not be construed in any other manner, with neither the City nor its staff having fully reviewed or considered the financial feasibility of the Project or the expected operation of the Project with regards to any State of California statutory requirements, and such adoption shall not obligate, without further formal action to be taken by this Council, (i) the City to provide financing to the Borrower for the acquisition, construction, and development of the Project or to issue the Bonds for purposes of such financing; or (ii) the City or any department of the City to approve any application or request for or take any other action in connection with any environmental, General Plan, zoning, or any other permit or other action necessary for the acquisition, construction, development, or operation of the Project. 5. The City Clerk shall forward a certified copy of this Resolution and a copy of the affidavit of publication of the public hearing notice to: Section 6. Thomas A. Downey Jones Hall, A Professional Law Corporation 650 California Street, 18th Floor San Francisco, California 94108 This resolution shall take effect upon its adoption. PASSED and ADOPTED this 6th day of May, 2008. Ron Morrison, Mayor ATTEST: Mike Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attomey City of National City, California COUNCIL AGENDA STATEMENT MUTING DATE May 6, 2008 AGENDA ITEM NO. 26 (I-TEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE FISCAL YEAR (FY) 2008-2009 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS n, N PREPARED BY Rosemary Toscano DEPARTMENT City Manager's Office (Ext. 4391) EXPLANATION Upon the conclusion of Public Hearing #4, the City Council will consider the adoption of the attached resolution approving the FY 2008-2009 Annual Action Plan. The Annual Action Plan (AAP) addresses the housing and community development needs assessed in the City's 5-Year Consolidated Plan for FY's 2005-06 through 2009-10, adopted by the City Council in May 2005. The AAP includes a listing of all proposed projects/activities to be undertaken in FY 2008- 2009 (July 1, 2008 - June 30, 2009) utilizing CDBG and HOME program funding. Environmental Review NI N/A Financial Statement Approved By: Finance Director The estimated amount of funding available for FY 2008-2009 for each program is as follows: Y Community Development Block Grant - $1,092,595 Account No. r Home Investment Partnership Program - $574,466 STAFF RECOMMENDATION Adopt attached resolution. BOARD / COMMISSION RECOMMENDATION Not applicable to this report. ATTACHMENTS ( Listed Below) Resolution No. Attachment 1: Summary of FY 2008-2009 CDBG and HOME Program Funding Recommendations Resolution A-200 (9/99) RESOLUTION 2008 -- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE 2008/09 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS WHEREAS, as an entitlement community, the City of National City administers the Community Development Block Grant (CDBG) and the Home Investment Partnership Act (HOME) Programs for the Federal Government under the United States Department of Housing and Urban Development (HUD); and WHEREAS, HUD requires that all CDBG and HOME Program entitlement communities, such as the City of National City, hold a Public Hearing to solicit input on the Annual Action Plan; and WHEREAS, the City Council of the City of National City conducted a duly advertised public hearing on December 22, 2007, February 1, 2008, and April 6, 2008, and WHEREAS, the Annual Action Plan addresses the housing and community development needs assessed in the Five -Year Consolidated Plan, and adopted by the City Council in May of 2005. The Annual Action Plan includes a listing of all proposed projects/programs for Fiscal Year 2008/09 (July 1, 2008 - June 30, 2009) utilizing Community Development Block Grant (CDBG), Home Investment Partnership Act (HOME) funds and Section 108 Loan Program; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of National City that the 2008/09 Annual Action Plan for the CDBG and HOME funds are approved, and the Mayor is hereby authorized, on behalf of the City Council, to submit the 2008/09 Annual Plan for the expenditure of said funds to the U.S. Department of Housing and Urban Development (HUD). PASSED and ADOPTED this 6th day of May, 2008. Ron Morrison, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney 4TTi+CHx4CNT \ City ofNational City COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)PR0GRAM FISCAL YEAR 2008-2009 FUNDING RECOMMENDATIONS k. PUBLIC 1 SERVICE ACTIVITIES City ofNational City Community Service.,; Departrneni At- Risk TeenPsvgmm ^SuorerneTeens^ Youth After -school - 100lndividuab $291550_ z City ofNational City Community Services Department Tiny Tots 40lnmvioonb $29,]}7 3 [ityofNaUooa|City- Public Library National City Public Library Literacy Services 220lodividua|s ¢47,250 * Community rood Bank of National City PnUectHongev' Project Independence 1_000lndividua|s $W1090_ 5 National City uiah|os National City Pop Warner Youth Football and Cheer program 506<odividua|s $30,000 6 South Bay Community Services National City Police Department Juvenile Diversinnpnxqram 55 Individuals $18,752 7 Trauma intervention Programs ufSan Diego County, Inc. Crisis Intervention Team 3,481 Individuals (Entire Service Delivery Area) f8,000 �PRIOR TOTAL FOR PUBLIC SERVICE ACTIVITIES $163,889 ACTIVITIES Public 8 Facility Improvement Activities Cirynfmanuna|C|tv-pive oe.artnnent LeusePaymcnt Trvck*Z:v' a5year - pi/c payment of lease 1Fire Apparatus / Equipment IPublic Facility _ lonDroyemeot YEAR COMMITMENTS $78,453 9 City ofNational City -Fire Department Fire Station Construction ' Section /08Loan Payment $524,632 TOTAL FOR PRIOR $603,086 PHYSICAL IMPROVEMENT ACTIVITIES Community Enhancement Activity /0 Public -------- 1� INational Public z2 | Christmas inJuly ~ National |�;ity_(3.) City Clean -Up Pno_9/ann 1 | 1,400xouseho|ds ---------- z Public Facility [mnn/vennent[ity([pBNC) (z,OoVundividua|s) | | | $50,008 Facility Improvement Activity ' [FBNC-vva|k'ln[ool*r | Project | ----- ---'--'--- Comm"nayFnodBankof $13,000 Infrastructure Improvements _ Public Infrastructure Improvements CitycfNaUnno|[iLy- Engineering Department | Miscellaneous Concrete Improvement and Upgrade Substandard Pedestrian Ramps $44,101 TOTAL FOR PHYSICAL IMPROVEMENT `�m�,�m1 -'-' M Q11 maamm��z.�r zs CityorNadona|City-Communi,v Development Department C0BG Program Administration 14 15 City ofNaVonn|City -Community Neighborhood Council pnnqrom /05,000 The Fair Housing ofSan Diego _ Fair Housing and Tenvnt'Lnnd|ord Education Services TOTAL FOR PROGRAM 38,000 _Council ADMINSTRATION $218,519 Third Program Year Action Plan Version 2.0 \ . City of National City ATTACHMe"Ji I FISCAL YEAR 2008-2009 FUNDING RECOMMENDATIONS HOME INVESTMENT PARTNERSHIPS ACT HOME PROGRAM AFFORDABLE HOUSING ACTIVITIES National City Small Site Casa Familiar/Mitch Acquisition & Thompson/Don Countryman Rehabilitation Pr. ram G Street Condominiums (New In fill Housing Habitat for Ilurnanity Construction) 1 2 City of National City - Economic Development Department 18 Households 8 Households TOTAL FOR AFFORDABLE HOUSING ACTIVITIES HOME Program Administration _1 $57,000 TOTAL FOR PROGRAM ADMINISTRATION $57,000 V Third Program Year Action Plan Version 2.0 2 MEETING DATE: May 6, 2008 City of National City COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 27 ITEM TITLE: Request Council approval on the development of and the allocation of funding in the amount of $165,000 for a skate park in Kimball Park . PREPARED BY: Rudy Lopez (619) 336-4560 EXPLANATION: See attached report. Environmental Review N/A Financial Statement N/A DEPARTMENT Community Services STAFF RECOMMENDATION See attached recommendations. BOARD/COMMISSION RECOMMENDATION The Parks and Recreation Advisory Board has unanimously recommended the development of a skate park on the site of the tennis courts at Kimball Park. ITACHMENTS (Listed Below) Resolution No. 1. Staff Report BACKGROUND: The purpose of this report is to request City Council direction in regards to development of a skate park in Kimball Park and to allocate funds to complete said construction. The following is a brief history of the project including a summary of action by the Parks and Recreation Advisory Board (PRAB): December 20, 2007: A group of skaters attended the regularly scheduled PRAB meeting and requested the development of a dedicated facility for skateboarding. The PRAB directed staff to arrange a public workshop on the topic. January 29, 2008: The PRAB hosted a public workshop on the development of a skatc park. Over 70 residents attended, mainly youth. The PRAB designated a subcommittee comprised of five youth, two commissioners and city staff to work on a recommendation taking into account public comments from this meeting and to return with a recommendation in one month. February 26, 2008: The PRAB subcommittee met twice previous to this meeting. It was recommended that the site presently configured as a tennis court/basketball court in Kimball Park be used for a skate park. The subcommittee also recommended a street or plaza style of construction. The PRAB unanimously adopted the subcommittee recommendations. If Council should decide to move forward on this project using the recommended site, future residential development on an adjacent site may pose some concerns. Staff has researched the use of semi -permanent components rather than engineered features. This would allow for the possible relocation of the skate park in the future with minimal cost. FINANCIAL: Costs to build on the recommended site would include up to $15,000 for resurfacing of the area and up to $150,000 for the skate features depending on how elaborate a set-up is decided upon. The site has existing lighting and fencing. The following list represents possible funding sources for the $165,000: Parks Maintenance Fund, Park Development Fund, Tax Increment Fund, Undesignated Reserves, and Capital Improvement Funds. Additionally, staff continues to look and apply for various grant opportunities such as from the Tony IIawk Foundation. RECOMMENDATION: • Approve the project and project site. • Allocate funding to complete the project. City of National City COUNCIL AGENDA STATEMENT 28 MEETING DATE: May 6, 2008 AGENDA ITEM NO. ITEM TITLE: Request Council approval of project redesign, the use of synthetic turf and the allocation of additional funding in the amount of $339,000 for the Kimball Park Soccer Project . PREPARED BY: Rudy Lopez (619) 336-4560 EXPLANATION: See attached report. DEPARTMENT Community Services Environmental Review N/A Financial Statement N/A STAFF RECOMMENDATION Sec attached recommendations. BOARD/COMMISSION RECOMMENDATION The Parks and Recreation Advisory Board has unanimously recommended the redesign of the project. Syn- thetic turf was not considered due to lack of quorum. fTACHMENTS (Listed Below) Resolution No. 1. Staff Report BACKGROUND: The purpose of this report is to recommend the City Council amend previous direction given in regards to construction of a soccer field in Kimball Park and to designate additional funds to complete said construction. Further, staff would request Council consideration of a synthetic turf field surface. 1'he following is a brief history of the project including a summary of action taken by the City Council in this matter: September 20, 2005: City Council approved a proposal to construct an arena soccer facility on the site currently occupied by Robles Field in collaboration with the Boys and Girls Club. Initial funding is via a $125,000 grant from the County of San Diego secured through the office of Supervisor Greg Cox and $79,956.15 in CDRG funds allocated to the Boys and Girls Club as administrators of the project. September 1, 2006: Jn a letter to the City Manager, the Boys and Girls Club notified the city that they are unable to continue as partners in the project. February 20, 2007: City Council approved resolutions reallocating the grant and CDBG funds from the Boys and Girls Club to the city. Moving forward in developing the project, there are some elements of the project that staff recommends Council reconsider. 'fhe most notable is to move from an arena -style field to an open-field design. The arena -style was championed by the Boys and Girls Club as it was more amenable to the "futsal" program that is operated by Boys and Girls Clubs nationwide. If approved, such a design would also necessitate departure from the site previously approved by Council. A regulation -size (100 yard x 50 yard) open field would hest be accommodated in the center arca of the park. Staff believes that by adopting an open-field design, a much larger population will be accommodated based on current demands for a soccer field in the community with fewer impacts on both community events (open field vs. walled design) and league -operated athletics (mitigates the loss of Robles Field). FINANCIAL: Staff requests the allocation of $120,000 in additional funding due to an increase in construction costs from the fund balance 115-25001 (Parks and Recreation Capital Outlay). With the additional funding, total allocated project funds would increase from $205,000 to $325,000 for a natural turf field. Additionally, staff recommends pursuing the use of synthetic turf for the field surface and allocating additional resources to cover an anticipated increase of $219,000 over the above total of $325,000 to bring the project total to $544,000. While more costly initially, a synthetic surface requires a less complex irrigation system, less regular maintenance and would be available for programming on a significantly increased basis. The use of synthetic turf also negates the need for irrigation and regular overseeding/turf repair resulting in a substantial annual savings. The following list represents possible funding sources for the $219,000: Parks Maintenance Fund, Park Development Fund, Tax Increment Fund, Undesignated Reserves, and Capital Improvement Funds. Additionally, staff continues to look and apply for various grant and rebate opportunities from the County of San Diego, Metropolitan Water District, I lS Soccer Foundation, and others. STAFF RECOMMENDATION: • Approve the redesign of the project and new project site • Allocate additional funds from the Parks and Recreation Capital Outlay to complete the project as is. • Approve the use of synthetic turf for the field surface. • Allocate additional funding from the sources listed above to cover the increase created by the use of synthetic turf. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 6, 2008 AGENDA ITEM NO. 29 rITEM TITLE Notice of Decision — Planning Commission Approval of a Conditional Use Permit and Finding of No Significant Environmental Effect, and Authorizing the Filing of a Notice of Determination for a 16-Unit Apartment Project at 2701-2703. and 2729 East 18th Street (Applicant: Productive Real Estate, LLC.) (Case File No. 2007-60 CUP, IS) PREPARED BY Martin Reedier, 336-4310 DEPARTMENT Planning EXPLANATION Planning Commission held a hearing on this item on April 7, 2008, and voted to approve the CUP with an additional Condition of Approval to provide additional parking. The attached background report describes the proposal in detail. The General Plan Amendment and Zone Change necessary to permit this type of development are also on tonight's agenda as a Public Hearing (Case File No. 2007-60 GP, ZC) Environmental Review Proposed Negative Declaration (2007-60 1S) Financial Statement N/A STAFF RECOMMENDATION Approved By: Account No. Finance Director Staff concurs with the decision of the Planning Commission and recommends that the Notice of Deci' ion be filed. BOARD 1 COMMISSION RECOMMENDATION The Planning Commission recommends Approval of the Combined General Plan/Zoning Map Amendment. Vote: Ayes: DeLaPaz, Pruitt. Reynolds, Flores Nays: Alvarado, Baca ATTACHMENTS ( Listed Below) Resolution No. I. Background Report 2. Planning Conunission Resolution No. 8-2008 3. Location Map 4. Site Photos 5. Applicant's Plans A-200 (9/99) BACKGROUND REPORT The project site, consisting of two existing parcels, is a 37,835 square -foot rectangular property that stretches from East 18`h Street to East 17th Street. The property is relatively flat for the first 190 feet, falling just ten feet, before sloping down another 15 to 20 feet to 17`h Street. East 17th Street is an unimproved street with a 20-foot right-of-way. Three single-family homes currently occupy the project site, two on Assessors Parcel Number 558-200-18 and one on Assessors Parcel Number 558-200-17. The lots contain little vegetation, with some mature eucalyptus trees and grass. The applicant is proposing to construct a two-story 16-unit multi -family residential development. The three existing homes would be demolished and two eight -unit apartment buildings, 2,100 square -feet of common open space for tenant recreational use, and four guest parking spaces would he constructed on site. Each of the sixteen units will be 1,507 square -feet, and include a 400 square - foot, two -car garage. The units will have three bedrooms and two -and -a -half bathrooms, as well as approximately 380 square -feet of private open space consisting of two second -story decks and a private yard at ground level. The primary construction materials include a stucco finish, asphalt roof shingles, with wrought iron and cedar fencing. Access to the site will he from East 18th Street via a 24-foot driveway. The proposal will achieve General Plan policies by increasing the number of rental opportunities in the City; developing an underutilized property to a higher use; and incorporating quality design elements. As proposed, plans comply with Land Use Code requirements with regard to setbacks, height, minimum unit sizes, floor area ratio, open space, resident and guest parking. No exceptions from any Land Use Code requirements are being requested. At the Planning Commission hearing, Commissioners asked questions regarding parking and adjacent street access. Several members of the public were present, some in support and some with concerns regarding the potential for additional vehicles parked on City streets. The Commission voted to approve the proposal with an added condition (No. 31) requiring that a proposed retaining wall in the rear of the property he moved north to add four additional parking spaces. The applicant has since redesigned the parking configuration to provide the requisite spaces. The attached plans reflect the most recent design. i RESOLUTION NO. 8-2008 A RESUI,L1I'I0N OF THL PLANNING COMMISSION OF 'HIE CITY OF NATIONAL (Try, ('ALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND FINDING OF NC) SIGNIFICANT ENVIRONMENTAI. FFFECT, AND AUTIEORIZING 'THE FILING OF A NOTICE OF DETERMINATION FOR A 16-IJNIT APARTMENT PROJECT AT 2701 2703, ANI) 2729 EAST 18TH S'I'REFT APPLICANT:: PRODUCTIVE REAL ESTATE. I.I.('. ('ASE FILE NO. 2007-60 CUP WIIEREAS, the Planning Commission of the City of National City considered a Proposed Finding of No Significant Environmental Impact and a Conditional Use Permit for a 16-Unit Apartment Project at 2701-2703 and 2729 Fast 18`h Street, APN 558-200-17 and 18, at a duly advertised public hearing held un April 7, 2008, at which tirne oral and documentary evidence was presented; and, WIIEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. 2007-60 CUP and 2007-60 IS, maintained by the City and incorporated herein by reference along with evidence and testimony al said hearing; and, WILEREAS, this action is taken pursuant to all applicable procedures required by State law and ('ity law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE 11' RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on April 7, 2008, support the following findings: RECOMMENDED FINDINGS FOR APPROVAI, O1-' THE CONDf"1'IUNAL USE PERMIT 1. lliat the site for the proposed use is adequate in size and shape, since the 0.87 acre site can accommodate the development of two eight -unit, two-story apartment buildings with attached garages, tour on -site guest parking spaces, private access driveway, common landscaped areas, and private open space for each unit with no exceptions from ('ode requirements. 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 18t Street (a major collector road) has sufficient capacity to adequately handle the approximately 96 average daily trips (ADT) generated by the project without a significant decrease in their operating levels of service. 2 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since other properties in the area are currently developed with small-scale multi -family uses and commercial development, and since no exceptions from Code requirements arc requested. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will provide new rental opportunities and will promote the development and use of a currently underutilized property. RECOMMENDED FINDINGS FOR APPROVAI, OF TIIE NEGATIVE DECLARATION 1. That the Negative Declaration (2007-60 IS) has been read and considered together with any cotnnrents received during the public review process; and. 2. That based on the whole record including the Initial Study, there is no substantial evidence that the project will have a significant effect on the enviromnent and that the Negative Declaration reflects the ('ity's independent judgment and analysis. BE fl' FURTHER RESOLVED that the Planning Commission has considered the proposed Negative Declaration No. 2007-60 IS, 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 recommends approves the Negative Declaration and authorizes the tiling of a Notice of Determination. HE I'1' FURTHER RESOLVED that the application for Conditional Use Permit is recommended to be approved subject to the following conditions: This General Conditional Ilse Pemtit authorizes the construction of l6 apartment units. Except as required by conditions of approval, all plans submitted for permits associated with the project shall confotrn with Exhibit A -Revised, Case File no. 2007-60 (il'/Z('/('IJP, dated 1/22/2008. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. 'Hie landscape plan shall reflect the use of drought tolerant planting and water consetving irrigation devices. Areas between the proposed buildings and adjacent streets shall be planted with a minimum of two street trees in order to screen the buildings from adjacent uses. 3. A lot Merger and Certificate of Compliance shall he procured upon approval of this permit. The Certificate of Compliance shall he recorded prior to issuance of huilding permits. 4. At the time of constniction of 171' Street, the owner of the property at that time shall remove all landscape, irrigation and fence elements that lay within the 20-foot future dedication area at the rear of the property. 5. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, Cal ifin nia Fire Codc and California' Title 24 energy and handicapped regulations. 3 6. Incorporate green building practices and Americans with Disabilities Act (ADA) requirements into the design criteria as they apply. 7. Television cable c4.rrnpanies shall he notified a minimum of 48 hours prior to filling of cable trenches. 8. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storni Water LllvMP Requirements" and the City of National City Storn► Water Rest Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit_ The SUSMP shall be prepared by a Registered Civil Engineer. 9. The Hest Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 10. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SIJSMP) Hest Management Practice (BMP) for all Priority SUSMP projects_ No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 11. A gracing and drainage plan shall be submitted showing all of the proposed and existing en - 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 fir prevention of store water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall he 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 undertak.cn in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall he signed and recorded. A checklist for preparation of the grading plan/drainage plan is available at. the Engineering Department. 12. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right -of --way shall he 6-inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 13. A soils engineering retort shalt be submitted for the Engineering Department's review, alter Planning Commission approval. The repots shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard i)rawing G-34. All soils report findings and recommendations shall be pate of the Engineering Department requirements. 14. Street right-of-way shall be dedicated to the City (approximately 20 feet by 128 feet on 17'r' Street). 15. A pedestrian Ramp shall be installed on 18'1' Street and shall comply with the A.D.A requirements and the San Diego Regional Standard Drawings_ 16. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be tiled with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 17. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading constnnction on private property. 18. Abandoned driveway aprons shall he replaced with curb, gutter and sidewalks. All missing street improvements on 17'h Street shall he constructed unless the applicant applies for determent of improvements to the Engineering Department. Street improvements shalt be in accordance with City Standards. 19. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 20. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall he submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3"/0) 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 according to actual worked hours and consultant services. 21. Parking shall be prohibited in all areas excepting garages and designated guest parking spaces. The driveway shall be paintexi with a red stripe on either side and marked as "no parking fire lane". 22. Prior to building permits, provide a Standard Urban Storm Water Mitigation Plan (StJSMP) that provides Site Design, Source Control and Treatment Control [lest Management Practices in compliance with the City's St 1SMP Ordinance. 23. The project is to be designed, developed and constructed in compliance with the California Ere Code (CFC) 2007 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association (NEPA) Standards and City of National City Municipal Code and Ordinances as adopted by the City of National City. 24. Property to he addressed in manner to clearly visible from the street. 25. Estimated minimum fire flow rexluirement will be 4,000 gpm measured at 20 psi residual pressure with a duration of lour hours. 26. Prior- to building pernrits, information regarding fire flow requirements shall be suhmittexl to Sweetwater Authority to determine the need for new water systems or substantial alteration to the existing water system. 5 27. Within our (4) days of approval, pursuant to Fish and Game Code 711.11 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental tiling fees to the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. At this time, the filing lee is II,876.75 for a Mitigated Negative Declaration, and a County Clerk processing fee of $50.00. 28. Before this General ['Ian Amendment, tone Change and Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of -this permit. Failure to return the signed and notarized Acceptance Form within 3(1 days of its receipt shall automatically terminate the (iermcral Plan Amendment, Zone Change and Conditional Use Pemrit. 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. 'f'lie applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Genera[ flan Amendment, Zone Change and Conditional Use Permit arc 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. This permit shall become null and void if not exercised within ouc year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal ('ode. 30. The Conditional Use Permit shall not be effective, and building permits shall not be issued until the zone designation affecting the property is approved by the City Council and amended to Limited Commercial (CL). 31. The retaining wall at the rear of the property shall be moved north to accommodate four additional parking spaces, to the satisfaction of the Planning and Fnginecring Departments. i3i? fl FURTIiFR RESOLVED that copies of this Resolution he transmitted forthwith to the applicant and to the City Council. BF IT FINALIN RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the Cil.y Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning ('onuuission and set the matter for public hearing. 6 ( 7FRTiFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of Apt) 7, 2008, by the following vote: AYES: Pruitt, Del ,Vaz, Reynolds, Flores NAYS: ABSENT: ABSTAIN: Alvarado, Baca Ce?' • is in Cl [AIRWOMAN() 7 16'"St o. 1,3 N N- - Q rn to—a Q RS-2 �S Yrr Y i�h 4�E r z.I ? Jtv 171 - / ▪ rir SSA 2 rSZY�. L.CD5� 4 �}Jq� � \ � -I\CP 1'3 ` % 1$3? %1 1a25 co / RS-3-PD / ZONE BOUNDARY — — — PROJECT SITE a[:wv %u""4 100 0 100 Feet N LOCATION MAP 2007- O GP, ZC, CUP General Plan Amendment and Zone Change from RS-2 to CL and a Conditional Use Permit for a 16-Unit Apartment Project at 2701, 2703 and 2729 E.18 the Street NATIONAL CITY PLANNING DRN. DATE: 3/13/08 INITIAL HEARING: 4/7/08 2. LOOKING INTO SITE FROM E. 17TH ST, FROM ACROSS NORTH-EAST CORNER OF STTE LOOKING INTO LEFT LOT Of SITE FROM 18/N ST. LOOKING INTO RIGHT L07 OF sat FROM 1$TN ST. 1 y' 1t% 1 TO,/.i" rsi�co -1-7-- IWZWIRSIAMO*401014 10,1101•••••.•1211041•11.1. tas.-vizossry 141VItVH t of — fss14-ra'titiPrveiouvir qltrralZ wyIsktlefS OILLSV31101311% MAN I WflJJJJ A \ 1 12 r —--t..wr....s�. was VSMIMS Y/iWe'Yfa S.aL l)OSSV WV1 )VU J r�1i1'JrlID'IN1kl11.11 OUSY✓WUJI1 C)Oi i'/Oet, (.) tg 0 g O M 4[ T i 111W.:1 r I 5E,, 1111010r.1111!.`7.:: NORTH ELEVATION (VIER' FROM 177H. ST.L • I 1-.tl xrov• Mfg 001‘, M II' L d<re. Sr. CONCEPTLAi. I.ANDSCAPENG PLAN .Y IMY.f!fC1AVI1!•M1M hu....OD. wr K O,O .04 <41Atu ICDG ,.0 M NV.NV.1 %WC3 .cJa .I•0Y/d O% ^LPwG MTh: Z..F at, ,- s,Itl6 I n, s Bess. iw<aM fa cm g!Nix ST. F. 11T9. Sr. IC PRELIMINARY GRADING PLAN d' •</t h.f W <OWY ..0 Org.0 ;pew v• L r Id !or! i • I < } City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 6, 2008 AGENDA ITEM NO. 30 ITEM TITLE TEMPORARY USE PERMIT — Lions Club Annual Independence Day Carnival/Intemationa Parade & Fair at Kimball Park from July 2, 2008 to July 6, 2008. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from the National City Host Lions Club to conduct the 64rd Annual Independence Day Carnival and International Parade & Fair at Kimball Park from July 2, 2008 to July 6, 2008. The carnival's hours are as follows: July 2-3, 5-11 p.m.; July 4, noon-12 p.m.; July 5, noon — 11 p.m..; July 6, 1 p.m. to 10 p.m. The parade occurs on July 5 from 6 p.m. to 7 p.m. The carnival will include rides, food booths, bands, contests, and a fire works display. The applicant requests the use of the City's stage for the carnival. The parade is scheduled for July 5, 2008. The staging area will require a street closure on 14th St. and Highland, running west to 12th St. and onto A Ave. The parade will disperse in the parking lot. This event is a National City Co -Sponsored event (Council Policy #804) and is eligible for a maximum fee reduction of $1,500.00. However, since this is a five day long City -sponsored event, it may be appropriate -to consider a $1500/day or $7,500 reduction. In 2007, the City used this procedure for this event. Environmental Review X N/A Financial Statement The City has incurred $345.00 for processing the TUP, plus $ 1147.00 for the Fire Permits, $50.00 for Finance (not including $2500.00 Bond), $23,439.28 for Public Works. This is a co -sponsored event eligible for a $1500.00 co-sponsor credit for each day of the event, Account No. totalling $7,500.00. Total Fees are $17,481.28. Approved By: Finance Director STAFF RECOMMENDATION Approve the Application for a Special Event Permit subject to compliance with all conditions of approval and approve the waiver of lees in the amount of $7,500.00, as was granted for last year's event. BOARD / COMMISSION RECOMMENDATION N/A Aea ATTACHMENTS ( Listed Below) esolution No. Application for a Special Event Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Lions Club EVENT: Annual Independence Day Carnival/Int'l Parade & Fair DATE OF EVENT: July 2, 2008 to July 6, 2008 TIME OF EVENT: July 2/3, 5-11 p.m. July 4, noon-12 a.m. July 5, noon-11 p.m. July 6, 1 p.m. — 10 p.m. APPROVALS PLANNING COMMUNITY SERVICES RISK MANAGER ENGINEERING Pt.JBI.1C WORKS FINANCE FIRE POLICE BUILDING & SAFETY CITY ATTORNEY YES [ x ] NO [ YES [ x ] NO [ YES [ x ] NO [ YES [ x ] NO [ YES [x] NO [ YES { x ] NO [ YES [x] NO [ YES [ x ] NO YES [ x ] NO [ YES [ x ] NO SEE CONDITIONS [ SEE CONDITIONS [ SEE CONDITIONS [ x SEE CONDITIONS [ x SEE CONDITIONS [ x SEE CONDITIONS ( x SEE CONDITIONS [ x SEE CONDITIONS [ x SEE CONUCCIONS [ x SEE CONDITIONS [ x CONDITIONS OF APPROVAL: POLICE (619) 336-4400 This 6-day event will require the largest amount of personnel staffing. The cost estimation will also involve stalling personnel on a fixed holiday (4`h of July) which would involve holiday pay issues. CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City, Parking Authority, and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. FiRE (619) 336-4550 1. Fire Department Permit is required for the fireworks display. Permit to be requested and all necessary information provided to the Fire i)cpartment a minimum of 14 days prior to the event. Permit fee is three hundred forty nine (349.00) dollars. Fees can only he waived by the City Council. Minimum of two, 2A: IOBC fire extinguishers required. 2. Fireworks display operations shall he under the direct supervision of a pyrotechnic operator. Pyrotechnic operator shall possess a valid pyrotechnic operator license. 3. Tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to he used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must he obtained. Permit fee is three hundred and forty nine (349.00) dollars. Fees can only he waived by the City Council. 4. Fire Department Permit is required to operate a carnival. Permit fee is three hundred forty nine (349.00) dollars. Fees can only be waived by the City Council. 5. All cooking booths to have one 2A:IOBC. If grease or oil is used in cooking a 40:B(7 or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. 6. Provide metal cans with leads and label "IIO'I' COALS ONLY" for used charcoal disposal. 7. A fire safety inspection is to he conducted by the Fire Department prior to operations of the carnival. Inspection to include all rides, cooking area, game booths, etc. 8. Fire safety inspection is to be conducted by the Fire Department of the designated fireworks display area prior to display being conducted. 9. Fire Department access into and through the booth areas are to be maintained at all times. 10. Access to Morgan and Kimball Towers to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 11. Fire I lydrants shall not be blocked or obstructed. 12. Site reap indicating access points, booth layout, fireworks display area and fireworks fallout area is required. 13. Parade participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). Vehicles in the parade are to pull immediately to the right upon approach of emergency vehicle(s). 14. Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of one hundred (100) dollars. 15. Total fee amount for all Fire Dept. permits: $1,147.00. Fees can only be waived by City Council. FINANCE (619) 336-4330 1. A $2,500.00 Bond and a $50.00 Inspection Fee are required for a Carnival or ('ircus, which has to be paid at least two (2) weeks prior to the start date of the event. 2. A Business License is required IF monies are solicited, admittance charged or food, beverages or merchandise is sold. The organization holding this event and each vendor present at this event must have a separate business license_ Vendors currently licensed by the City may operate on their existing license. 3. A list of all participating vendors (with their address, phone number and current National City business license number) is to he provided to the Revenue and Recovery Division of the Finance Department two weeks prior to the event for verification of business license numbers. ENGINEERING ('all Engineering Dept. at least 72 hours prior to the event for any necessary coordination with the contractors during construction. Please contact Charles at 619-336-4380. BUILDING & SAFETY (619) 336-4210 It is the applicant's responsibility to provide written notification to occupants of property adjacent to Kimball Park for an event. A written notification shall be provided to the Building & Safety Department for approval prior to mailing. A notification should he provided to the management at Morgan/Kimball Towers. Property occupants should he notified no less than 72 hours prior to the start of the set-up activities for the event. 3 RISK MANAGER (619) 336-4300 I've reviewed the application for this proposed annual use and note that the event will be held primarily on City property at Kimball Park; however a portion of ll Avenue will be closed from 8:00 am on 6/30 through 10:00 am on 7/7, a substantial period of time. hi addition, numerous streets will be impacted by the parade and staging area. The applicant sponsoring organization, National City Host Lions Club, has NOT YET signed the Hold Harmless and Indemnification Agreement; importantly, no insurance certificate(s) have been provided. Insurance: For an event of this magnitude, involving carnival rides and fireworks as well as night time exposures, we should require Commercial General Liability coverage with minimum limits of two million dollars ($2,000,000) per occurrence and tour million dollars ($4,000,000.) aggregate. In addition, because of the parade and the fact that trucks or other vehicles will be used to transport materials for the stages and canopies which will he erected, Commercial Auto coverage with limits of at least two million dollars ($2,000,000.), combined single limits, must be provided. The auto coverage must include the designation for "any auto", i.e. owned, non -owned and hired. Further, the City of National City, its elected officials, officers, employees and agents must he named as additional insureds on both the CGI, and auto policies pursuant to separate endorsements which need to he provided, along with the certificate (acord form) prior to the event. Finally, the organizer must ensure that the fireworks tecluiician is licensed and certified and able to provide liability insurance with limits of at least five million dollars ($5,000,000.) per occurrence and ten million dollars ($10,000,000.) aggregate. Again, the City must be named as an additional insured pursuant to a separate endorsement. This must be provided by the vendor's insurer prior to the display. As described in the application, the first aid/paramedic coverage appears light. The 'RIP only references "911" and first aid kits at the carnival office and the Lions Train. What about during the course of the fair, while the rides are operational, or during the parade? Last year, an ambulance from AMR was on scene at least for the parade. Let me know if you have any questions. The sponsoring organization and/or its vendors may contact me directly re compliance with any of the insurance requirements. Thanks. PUBLIC WORKS 336-4580 Public Works Department staff has reviewed the application for subject Temporary 1.Jse Permit ('I'UP) and recommends approval subject to the conditions listed below: Street Division 1. Staff will barricade affected streets and remove them when the event is over. 2. Staff will post "no parking" signs along affected streets before the event. 3. Staff will install banners on poles over National City Blvd in the 1800 Block. Light standard banners will be installed and removed by the contractor hired by event coordinators. 4. The cost to provide Street personnel support for this event is estimated to he $1,099.26. This amount should be paid to the City, unless waived by City Council. a. b. c. d. c. f. g. Standard firs Overtime Hrs "No Parking" Banner Equipment Barricades Total cost for 6 hrs @ $32.57 per fir = $ 195.42 9 hrs (e; $48.87 per hr = $ 439.65 signs 86 (a) 450 each $ 38.70 l @ $270.00 — $ 270.00 (2 trucks) _ $ 126.09 84(a;350each $ 29.40 event $ 1,099.26 Parks Division 1. The event organizers shall provide nighttime security for the park and City equipment for the duration of the event. 2. The event organizers shall provide a trash duinpster for the event. 3. The event organizers shall provide 20 portable toilets. 4. The cost to provide park maintenance personnel for this event is estimated to he $16,768.20. This amount should be paid to the City, unless waived by the City Council • Stage Set up (5 stall) 4 hrs @ $155.25 per hr (4 hr minimum) —$ 621.00 Set-up on Tuesday 7/1 live staff (4) hours normal hourly rate • Stage Breakdown (5 stall) 4 hrs @ $155.25 per fir —$ 621.00 Break down on Monday 7/8 five staff (4) hours normal rate • Event Overtime flours 240 hours (a) $46.58 per hr —$ 1 1,179.20 Staff will work every night and day during event. Due to the 4`h. of July falling on a weekend overtime man-hours have increased: a. Wednesday 7/2 two staff from 5:00-11:00 pm (6 hrs) b. Thursday 7/3 two staff from 5:00-11:00 pm ( 6 hrs) c. Friday 7/4 three staff from 7:00-3:30 pm (8.5 hrs) d. Friday 7/4 four staff from 3:30 prn-12 am (8.5 hrs) e. Saturday 7/5 10 staff from 7:00 am-3:30 pm (8.5 firs) f. Saturday 7/5 two staff from 3:30-11:00 pm (7.5 hrs) g. Sunday 7/6 four staff from 7:00 am-3:30 pm (8.5hrs) h. Sunday 7/6 three staff from 3:30-1 1:00 pm (7.5 hrs) Cleanup regular hours 140 hours (cL $31.05 per hr —$ 4,347.00 Park clean up after event on Monday 7/7 14 staff 10 hours each. S • Total cost for event $16,768.20 Facilities Division Estimated costs to provide facilities personnel are as follows: • Electrician Regular hrs: Wednesday 10 hrs @ $22.21 per hr = $ 222.10 Thursday 10 hrs (c1) $22.21 per hr - $ 222.10 Monday 10 firs (a,) $22.21 per hr - $ 222.10 Total Electrician Regular Hrs $ 666.30 • Electrician Overtime hrs: Wednesday 3 hrs @ $32.32 per hr $ 96.96 Thursday 3 hrs @ $32.32 per hr - $ 96.96 Friday 4 hrs (a; $32.32 per hr $ 129.28 Saturday 8 hrs @ $32.32 per hr = $ 258.56 Sunday 8 hrs @ $32.32 per hr - $ 258.56 Total Electrician Overtime Hrs 840.32 • Plumber Regular hrs: Wednesday 10 hrs $22.21 per hr - $ 222.10 Thursday 10 hrs 4 $22.21 per hr - $ 222.10 Monday 10 hrs @ $22.21 per hr - $ 222.10 Total Plumber Regular Hrs $ 666.30 • "Tradesman Regular hrs: Wednesday 10 hrs @ $22.21 per hr $ 222.10 Thursday 10 hrs (a) $22.21 per hr - $ 222.10 Monday 10 hrs @ $22.21 per hr = $ 222.10 'Total Tradesman Regular Hrs $ 666.30 • Custodian Regular hrs: Wednesday 10 hrs x 2 staff @ $14.84 per hr $ 296.80 Thursday 10 hrs x 2 staff @ $14.84 per hr - $ 296.80 Monday 10 hrs x 2 staff @ $14.84 per hr = $ 296.80 Total Custodian Regular Ilrs $ 890.40 • Miscellaneous Supplies: 1. Matting for underneath food booths approx = $ 800.00 2. Electrical supplies approx - $ 300.00 3. Plumbing supplies approx - $ 300.00 Total Miscellaneous Supplies approx.= $ 1,400.00 • Total Costs fbr Event - $ 5,571.82 Fees Unless waived by City Council, the applicant shall pay $23,439.28 for staff costs associated with this permit request. This cost was estimated as follows: Street Division: Parks Division Facilities Division Total: $ 1,099.26 $16,768.20 $ 5,571.82 $23,43928 (Acct #001-422-22 I-102-0000) (Acct # 105-442-000-102-0000) (Acct #626-422-223-102-0000) Please let me know if you need any other information. Type of Event: Event Event EVENT INFORMATION Carnival, Parade, Miss National City Pageant Title: National City Host Lions Club 64th Annual Independence Day Carnival Location: Kimball Park for the carnival and the Miss National City Pageant and the parade route, 14th i Nigh/and to A Ave. & into the parking lot Event Dat-(s): From 7/2/2008 Ynnth/Iiay/Y., Actual Event Hcmrs: to 7/6/2008 Total Azllicipat.ed Attendance: 20,000 (1,000 Participants) (19,000 .spectatozs) Carnival Wed 7-2, from 5pm to llpm Fri 7-4, from Sun 7-6, from Actual Event Hours: Parade Sat 7-5, from Actual Event Hours: Miss National Sat 7-5, from Thu 7-3, 5pm to llpm Noon to 12pm Sat 7-5, Noon to llpm 1pm to lOpm 6pm to 7pm City Pageant 8pm to 10pm Setup/assembly/construction Date: 6/30/08 Start time: 7:00am Please describe the scope of your setup/assembly work Set-up carnival rides and booths, set-up of food and deli booths, move in stage, setup and fence off fire works area and move in additional dumpster and port -a -potties. Saturday we will have the Parade followed by the Miss National City Pageant. (Parade route will be about the same as last year) Dismantle Date: 7/7&8/2008 Completion Time: 4:O0pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. We will need to close D Avenue from 12C° Street to the entrance to the park parking lot, Closure will be from 8:am June 30t° to 10:am July 7tr'. APPLICANT AND SPONSORING ORGANIZATION INFORMATION Sponsoring Organization: National City Host Lions Club XX Not -for -Profit Chief officer of Organization (Name) Brian Clapper Applicant (Name): John Xirk Address: 311 East 2°d Street, National City, CA 91950 Cell:(619)306-2911 Day:(619)477-5532 Res: (619)4 74-4483 Fax: E-mail: arkirkus@cox.net Contact Person "on site" day of the event: John Kirk Cell: (619) 306-2911 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS FEES/PROCEEDS/REPORTING I3 your organization a "Tax Exempt, nonprofit" otyanizdtion? XX YES NO Are admission, entry, vendor or participant. fees required? XX YES NO It YES, please explain the purpose and provide amounL(s): Venders rent kitchen and deli booths, rent is free to $300.00 $45,000.00 Estimated Gross Receipts including ticket, product and sponsorsh sales from this event. $20,000.00 Estimated Expenses for this event. $25,000.00 What .is the projected amount of revenue that the Nonprofit Organiza- tion will receive as a result of this event? p OVERALL EVENT DESCRIPTION ROUTE MAP/SITE DIAGRAM/SANITATION Please provide a DRTA[LED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. National City Host Lions Club will sponsor the annual Indepen- dence Day Carnival and Fire works in Kimball Park from Wednesday July 2nd through Sunday July 6th. This event will in- clude: National City Parade Miss National City Pageant Carnival rides Carnival games Food booths Diabetes screening Watermelon eating contest Community displays The Blood mobile Talent show Youth activities Fire works display Bands and other amateur and professional entertainment. XX YES NO It the event involves the sale of cars, will the cars come exclusive- ly from National City car dealers? If NO, list any additional dealers involved in the sale: 4 OVERALL EVENT DESCRIPTION CONTINUED YES XX NO Does the event involve the sale or use of alcoholic beverages? XX YFS XX YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. XX YES XX YES NO Will items or services be sold at the event? If yes, please describe: Carnival rides & games and food booths NO Does Lhe event involve a fixed venue site? Tf YES, attach a detailed site map showing all streets impacted by the event. NO Does the event involve the use of tents or canopies? If YES: Number of Lent/canopies 30 Sizes 8' X 12' & 15' x 15' NOTE: A separate Fire Department permit is required for tents or canopies. XX YES NO Will the event involve the use ot the City stage or PA system? Both In addition to the route map required above, please attach a diagram showing the overall Layout and set-up location: for the following items: * Alcoholic and Nonalcoholic Concession and/or Beer Carden areas. * Food Concession and/or Food Preparation areas Please describe how food will be served at the event: Food booths will be run by local non-profit organizations, i.e. churches, youth and civic organizations and service clubs If you intend to cook food in the event area please specify the method: XX GAS XX ELECTRIC XX CHARCOAL OTHER (Specify): * Portable and/or Permanent Toilet Facilities Number of portable toilets: 20 (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) 19 regular , one H/C, and two wash stations * Tables and Chairs * Fencing, barriers and/or barricades * Generator locations and/or source of electricity * Canopies or Lent locations (include tent/canopy dimensions) * Booths, exhibits, displays or enclosures * Scaffolding, bleachers, platforms, stages, grandstands ur related structures * Vehicles and/or trailers * Other related event components not covered above * Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term ot your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: 20 Trash containers with lids: 0 Describe your plan for clean,up and removal of waste and garbage during and atter the event.: A 40 c/y dumpster rented by NCHLC will be located in the west parking lot. We will have 3 to 5 persons picking up trash and emptying trash cans. (0 SAFETY/SECURITY/ACCESSIBILITY Please desctibe your procedures Lot both Crowd ConLtol and Internal. Security: Security Plan will be by NCPD, utilizing the Senior Volunteers, the Police Explorers and reserve police. XX YES NO Have you hired any Professional Security organization t.o handle security arrangements for this event? if YES, please list: Security Organization: !o be determined as required by the security pian Security Organization Address: Security Director (Name): Phone: XX YES _ NO Ts this a night event? If YES, please state how the event and surrounding area will be illuminated t.o ensure safety of the participants and spectators: Park lights and lights from the carnival rides and booths. Please indicate what aItonyemenL you have made for providing First Aid Staffing and Equipment. We will utilize 911 if an emergency occurs. For minor cuts and bruises we will have first aid kits at the Lions Train and at the carnival office. Please describe yout Accessibility Plan for access at your event by individuals with disabilities: Park grounds and sidewalks. There will an additional PVC toilet in addition to the park rest rooms. PARKING PLAN/MITIGATION OF IMPACT Please provide a detailed description of your PARKING plan: We will utilize existing street and nearby public parking lots. Please describe your plan for DISABLED PARKING: We will utilize the handicap parking spaces at the towers and the public parking lots. hM i PARKING PLAN/MITIGATION OF IMPACT Please describe your plans to notify all residents, busineos and churches impacted by the event: Notification letters will be sent to all businesses and residents in the park area. NOTE: Neighborhood residents must he notified 72 houru in advance when events are scheduled in the City parks. ENTERTAINMENT/ATTRACTIONS AND RELATED EVENT ACTIVITIES XX YES NO Are there any musical entertainment features related to your event? 1f YES, please state the number of stages, number of hands and type of music. Number of Stages: 1 Number of Bands: Unknown at this time Type of Music: Various XX YES NO Will sound amplification be used? If YES, please indicate: Start time: Noon Finish Time 12:00 YES XX NO Will sound checks be conducted prior to the event? 1L YES, please XX YES Indicate: Start. Lime: am/pm Finish Time _ am/pm Please describe the sound equipment. that will be used tor your event: City owned stage, with city and private sound systems NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: Independence Day fire works on the 4t-h of July starting at 9:O0pm for about 20 minutes, one of the best fire works in the county!! XX YES _ NO Any signs, banners, decorations, special lighting? Tf YES, please describe: Carnival area and booths will be decorated in a patriotic manner. We have street banners for National City Blvd and light standard banners along the Parade route in our advertising campaign. Also the Chamber advertizes us on their electronic signs. Revised OR/10/05 9 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 siuyle 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 _ National City Host Lions Club Person in Charge of Activity John Kirk Address 311 East 2nd Street, National City, CA 91950 Telephone (619) 474-4483 Date(s) of Use Cell: (619) 306-2911 HOLD HA MLE S S 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 the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, lusses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permiLtee or its agents, employees or contractors. Signature of Applicant Event Chairperson Official Tittle Date For Office Use Only Certificate of insurance Approved Date REQUEST FOR A WAIVER OF FEES Non-profit organizations, which meet the criteria on paye v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? XXX Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state t-.he name and Lype of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization: National City Host Lions Club Typo of Organization: Service club (Service Club, Church, Sociai Service Agency, etc.) 3. Will the event generate net income or proceeds to the sponsoring organization? XXX Yes (Please proceed to Question 4) No (Please sign the form and submit IL with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. DDC No (Please proceed Lo Question 5) S. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. XXX No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within Lhe city such as Kiwanis, Rotary, Lions, Boys and Girls Club? XXX Yes (Please provide an explanation and details. Any profits from this event will be donated to various National. City organizations and programs or used in our sight programs Nn (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct rer•.ipient of Community Development Block Grant (CDBG) Lending? Yes Year funds wore received: Funds were used to: XXX No (P lease sign the Lorin and submit iL with the TUP Application) Signature Date /5 1r 0 z. p. O o co Kimball O L D Park m START: CIVIC CTR & WILSON STAGING AREA FINISH: KIMBALL PARK A AVENUE ENTRANCE Parade Route (1/2 mile) Location Map NATIONAL CITY PLANNING immommommmmw DRH. DATE: 1/25/08 BY: Planning 1' City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 6, 2008 AGENDA ITEM NO. 31 ITEM TITLE TEMPORARY USE PERMIT — One, a Filipino community celebration hosted by the San Diego Institute for Community Development on May 24, 2008 from 10:00 a.m. to 6:00 p.m. at Kimball Park. PREPARED BY Joe Olson, 336-4210 EXPLANATION DEPARTMENT Building & Safety This is a request from the San Diego Institute for Community Development to host One, a Filipino celebration, at Kimball Park on May 24, 2008. The event is scheduled to begin at 10 a.m. with a caravan of vehicles travelling from CA-54 between 1-805 and Plaza Blvd, proceeding to the Southwestem College parking structure and the lot northeast of the National City Senior Center. The event commences at noon at Kimball Park, participants will be treated to live music, a mock 10' x 10' Gawad Kalinga home, a fireworks display, approx 5 food vendors and over 30 merchandisers. The applicant will provide their own 40' x 32' stage, lighting, generators, portable toilets, and banners. The originally scheduled fireworks display has been cancelled. Set up for the event will begin on Friday, May 23`1 and tear down will end by 5:00 p.m. on Sunday, May 25'". This is not a fundraiser event and attendants will not be charged an entry fee. Environmental Review X NIA Financial Statement The City has incurred $345.00 for processing the TUP through various City departments, $798.00 for Fire Permits and $861.49 for Public Works. Total fees are $2004.49. Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Res ution No. Application for a 'Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A SPECIAL EVENT PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: San Diego Institute for Community Development EVENT: ONE DATE OF EVENT: May 24, 2008 TIME OF EVENT: 12:00 p.m to 10:00 p.m. APPROVA I .S: PLANNING YES I x ] NO [ FIRE YES [ x ] NO [ PUBI.I(.' WORKS(PARKS YES I x ] NO [ FINANCE YES [ x) NO I COMMIINI'FY SERVICE YES [ x j NO POLICE YES [ x ] NO [ ENGINEERING YES [ x ] NO [ CITY ATTORNEY YES [ x ] NO [ RISK MANAGER YES [ x ] NO [ BUILDING & SAFETY YES 1 x ] NO [ SEE CONDITIONS [ ] SEE CONDITIONS I x ] SEE CONDIIIONS [ x ] SEE CONDITIONS [ x j SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS 1 1 SEE CONDITIONS [ x j SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and Parking Authority and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. BUILDING & SAFETY (619) 336-4210 1. The event is in a public park which requires proper notification to surrounding residents. See attached addresses. 2. Applicant shall not erect any permanent structures. Any structures erected are subject to formal inspection and permitting as required by the Ca Building Code. 3. Any strictures erected are subject to safety and compliance inspections. 4. The event is subject to code enforcement for application consistency and adherence to all permit stipulations. PUBLIC WORKS 336-4580 Parks Division: 1. Council Policy 802 restricts the use of the parks a minimum of six weeks between special events _We have twp events scheduled (Cinco de Mayo and Lions 49' of July Carnival/Parade). 2. The event organizers shall provide nighttime security for the park and City equipment for the duration of the event. 3. The event organizers shall provide a trash dumpster for the event. 4. The event organizers shall provide 18 portable toilets, 2 being ADA compliant. 5. The event organizers shall provide clean up crew and maintain the park and public restrooms and portable toilets clean during the event. 6. The event organizers shall provide fire work safety zone and security. 7. The cost to provide park maintenance personnel for this event is estimated to be $419.22 for overtime and $93.15 for 3 regular hours set up on Thursday for a total of $512.37. This amount should he paid to the City, unless waived by the City Council. X. A permit is required for the Astrojump Ibr this event. The applicant should obtain the permit at the Community Services Department. • Set up on Thurs. 3 hrs. (cr), $31.05 per hour -$ 93.15 • Friday (overtime) 3 hrs (a) $46.58 per hour $ 139.74 • Saturday (overtime) 3 hrs (a $46.58 per hour = $ 139.74 • Sunday (overtime) 3 hrs (a) $46.58 per hour - $ 139.74 • Total $ 512.37 Facilities Division Cost of labor for the electrician is as follows: • Friday (overtime) 3 hrs (a; $33.32 per hour - $ 99.96 • Saturday (overtime) 3 hrs (ri; $33.32 per hour = $ 99.96 • Sunday (overtime) 3 hrs (u) $33.32 per hour - $ 99.96 • Total $ 299.88 Street Division: 1. Staff will post "no parking" signs along affected streets before the event. 2. Staff cannot install banners_ 3. The cost to provide Street personnel support for this event is estimated to he $49.29. This amount should be paid to the City, unless waived by the City Council. • No parking signs 3 (a) $0.45 each = $ 1.35 • Man hours I hours @ $32.57/hr - $ 32.57 • Equipment ']'ruck 1 @ $ 15.32 per hour = $ 15.32 • Total $ 49.24 2. Organization will provide 3 portable toilets, 1 dumpster, and trash boxes for this event. Fees:Unless waived by the City Council, the applicant shall pay $861.49 for staff costs associated with this permit request. FIRE (619) 336-4550 1. Fire Department Permit is required for the fireworks display. Permit to be requested and all necessary information provided to the Fire Department a minimum of 14 days prior to the event. Permit fee is three hundred forty nine (349.00) dollars. Fees can only be waived by the City Council. 2. Fireworks display operations shall he under the direct supervision of a pyrotechnic operator. Pyrotechnic operator shall possess a valid pyrotechnic operator license. 3. Fire safety inspection is to be conducted by the Fire Department of the designated fireworks display area prior to display being conducted. 4. Fire department personnel shall he on site before during and after fireworks demonstration 5. Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 6. Fire Department access into and through the booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 7. Fire I Iydrants shall not he blocked or obstructed. 8. Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 9. Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 10. Provide a 2A:10BC lire extinguisher at stage. Extinguisher to be mounted in a visible location between 3' ' to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 1 1. Internal combustion power sources that may he used for inflatable rides shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the ride is not in use. 12. Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away from the ride. 13. A lire safety inspection is to he conducted by the Fire Department prior to operations of the carnival to include all rides, cooking areas, game booths, etc. 14. Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of one hundred ($100.00) dollars. 15. Any electrical power used is to be properly grounded and approved. Extension cords shall he used as "temporary Wiring" only. 16. If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, arc to he used, they shall he flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Permit fee is three hundred and forty nine ($349.00) dollars. Fees can only be waived by the City Council. 17. First Aid will be provided by organization. 3 18. C'oncession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides and shall not be located within 10 feet of amusement rides or devices. 19. All cooking booths or areas to have one 2A: I OBC. If grease or oil is used in cooking a 40:BC or class "K" lire extinguisher will he required. All fire extinguishers to have a current State Fire Marshal Tae attached. 70. If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. FINANCE 336-4330 1. A list of all participating vendors (with their address, phone number, and current. National City business license number) is to he provided to the Revenue & Recovery Division of the Finance Department two weeks prior to the event for verification of business licenses. 2. Taking into consideration previous issues on food cart vendors noted by our Code Conformant in the past, it is important that businesses comply with all laws regarding the sale and preparation of food, as well as the proper procedures for vendors setting up on public and/or private property. POLICE 336-4400 Coming soon. RISK MANAGER (619) 336-4300 I've reviewed the application for this proposed, first-time use and note that the event will be held primarily on City property at Kimball Park. The applicant sponsoring organization, San Diego Institute for Community Development, has signed the Hold Harmless and Indemnification Agreement; however, no insurance certificate(s) have been provided. We must have evidence of insurance PRIOR to the event. With an event of this (proposed) magnitude, proper and sufficient insurance is extremely important and will he discussed below. First of all, I'm concerned that we're allowing an event this large (1000 participants, 7000 spectators) to monopolize Kimball Park the entire Memorial Day weekend. Will other groups he allowed to access the park during that time? The application states that tear down will take 2 days- so through Monday the 26th? That needs to he clarified. Next, for this event this large, we should require commercial general liability coverage with minimum limits of at least one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000.) aggregate and I am not willing to waive the aggregate limits. In addition, because trucks or other vehicles will be used in the park to transport materials for the stages and canopies which will he erected commercial auto coverage with limits of at least one million dollars ($1,000,000.), combined single limits, must be provided. The auto coverage must include the designation for "any auto", i.e. owned, non -owned and hired. Further, the City of National City, its elected officials, officers, employees and agents must he named as additional insureds on both the CCI. and auto policies pursuant to separate endorsements which need to he provided, along with the certificate (acord form) prior to the event. The professional security company, K-Tech, must provide a certificate showing its commercial general liability coverage with limits of at least one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate. I'd request that the City he named as an additional insured, again pursuant to a separate additional insured endorsement. '('he vendor providing the two bounce houses must also provide a certificate of current commercial general liability coverage with limits of at least one million dollars ($1,000,000) per occurrence. This is separate and apart from the requirements of the sponsoring organization. 1 do r1O1' recommend that we allow a rock climbing wall due to liability concerns. The proposed fireworks display is subject to the permit approval process with Fire but I will require a certificate of liability insurance with limits of at least two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) aggregate. Again the City will require an additional insured endorsement from the vendor's insurer. I am very concerned about the proposed "caravan of cars" on the freeway. 1 would not approve this without Police escorts to control traffic, separate and apart from any SVP, RO and/or Explorer Cadets used for parking and traffic control adjacent to the park; NCPD to deterrnine the number of officers necessary. S It's a good idea that the organizers are planning an orientation one week prior to the event and 1 would recommend that affected City departments may wish to send representatives to attend. I also don't see that the organizers plan to notify nearby residents of the event, including traffic, parking and noise issues, so that should be done ahead of time. Let me know if you have any questions. You may refer the applicant organization or its insurance agent to me directly if there are questions regarding the insurance requirements. Ashley K. Fenton Risk Manager X4370 Type of Event 11 Fair/Festival [] Outdoor Market City of National City • Building & Safety Department 1243 National City Boulevard • National City, CA 91950 (619) 336-4210 TEL • (619) 336-4217 www.ci.national-city.ca.us Special Event Application ❑ Parade/March ❑ Walk or Run [1 Concert/Performance [-j Sporting Event ❑ Other (specify) Event Name & Location Event Title: ONE, a Filipino community celebration Event Location (list all sites being requested): KIMBALL PARK Event Times Set -Up Starts Date: May 23, 3008 Time 9:00am Event Starts Date: May 24, 2008 Time 12noon Event Ends Date: May 24, 2008 Time 10:00pm Breakdown Ends Date: May 25, 2008 Time 5:00pm A. plicant Information Day of Week: Friday Day of Week: Saturday Day of Week: Saturday Day of Week: Sunday Q(71(.O1NG AND SAFETY DEPL RECEIVED MAR 2 6 2008 NATIONAL CITY, CALF Applicant: (Your name) JoAnn Fields Sponsoring Organization: San Diego Institute for Community Development Event Coordinator (if different from applicant) Mailing Address: PO Box 1252 Bonita, CA 91908 Day Phone (619) 934-7847 After Hours Phone (619) 934-7847 Cell (619) 884-9886 Fax (858) 486-1572 Public Information Phone: (619) 934-7847 E-mail: joann.fields@gmail.com Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges, expense (including attorney's fees) and causes of action of any character which the City, its officers, ernployees and agents rnay incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted by law. the undersigned also understands and accepts the Crty's refund policy for facility use and that fees and charges are adjusted annually and are subject to c_• nge Signature of Applicant: Special Event Application (continued) Please complete the following sections with as much detail as possible since fees and requirements are based on the information you provide us. Description of Event First tune event (include site map with application) [I Returning Event Note that this description may be published in our City Public Special Events Calendar: Please see attached description. Estimated Attendance Anticipated # of Participants: 1,000 Anticipated # of Spectators: 7,000 throughout the event day. Traffic Control, Security, First Aid and Accessibility Requesting to close street(s) to vehicular traffic? ❑ List any streets requiring closure as a result of the event (provide rnap): Date and time of street closure: Date and time of street reopening: C7 Other (explain) Requesting to post "no parking" notices? Yes U No ❑ Requested "No Parking" on city streets and/or parking lots (list streets/parking lots) (provide map): Li Other (explain) ❑ No notices to be posted Security and Crowd Control Requesting Police Services? Yes ■ No ❑ Number requested? 7 if yes, please indicate the type of police services requested: Senior Patrol U Reserve Officers Explorer Cadets Other: To assist with crowd control and traffic control. Special Event Application (continued) 8 EVENT DESCRIPTION ONE a Filipino Community Celebration ONE Nation -- Under ONE Flag — ONE Community Taking a Stand as ONE National City, CA - On Saturday, May 24, 2008, ONE will draw together thousands of Filipino Americans from across the country and all over the world to celebrate the Filipino dream for unity, for solidarity, for honor. ONE is spearheaded by a passionate group of community activists with a vision of Filipinos in America being a voice, a force, and a recognized contributor to the IJnited States. For so long, this has not been achieved because Filipinos could not transcend the perpetual pattern of divisiveness that has weakened not only Filipino Americans, but also Filipinos in the homeland. ONE will be a celebration of a new day — a new beginning — and a renewed commitment to unity and building up the Filipino community that will not only build a strong Filipino community in America but also build a nation of the homeland that all Filipinos can be proud of. For more information or to be part of this historic event, visit rvww_I�k777sd.coin or email info(ii!gk777sd.corn or call event co -chairpersons ioAnn Fields or Aileen Elegado-Catapusan at 619.934.7847 tlllMltk NO PARKING SIGNS MAP VAFIOC-V Y r• 7 g s t l S,. C i I" n n St v o. 250 m 500 tt G ro C?vahoar200aDa taCNAV lYn(iok No Parking signs will placed 100 feet south from the bus stop located on the southwest corner of 1.. 12i11 Street and 1) Ave. Ia Please describe your procedures for both Crowd Control and Internal Security: Kelly Steppe of K-Tech Security and event organizers will develop crowd control and internal security plan then consult with Lt. Fifield of the National City Police Department to ensure optimum public safety coverage. Event organizers will also recruit volunteers to provide additional support for crowd control. National City RSVP, off duty officers and Explorers will be requested to help support crowd and traffic control. Please see attached traffic control plan. Traffic control plan is to ensure safe traffic flow of cars exiting on 1-5 Plaza Blvd and Civic Center exits To parking garages at the Holiday Inn and Southwestern High Education Center (both locations are tentative). Additional parking will be requested from the City for the parking lot located northeast of the National City Senior Center. Overtlow parking, if needed, will be directed to the 99 cents store management and Wal Mart's south parking lot. (both locations will be contacted by event organizers for permission to use these parking lots.) Have you hired Professional Security to handle security arrangements for this event? Yes • No ❑ If YES, name and address of Security Organization: K-Tech Security & Protection Services, 2573 Market Street, San Diego, CA 92102 Security Director (Name): Kelly Steppe Phone: (619) 858-5832 Email: ksteppe(a)k-techsecurity.com Security # 14443 If using the services of a professional security firm AND the event will occur on City property, please provide a copy of its insurance certificate, evidencing liability coverage with limits of at least $1 Million dollars per occurance/$2 Million dollars aggregate, as well as an additional insured endorsement naming the City of National City, its officers, employees, and agents as additional insured. Evidence of insurance must be provided by the vendor or its insurer to the City's Risk Manager for review and approval prior to the event. Is this a night event? Yes No ❑ If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Kimball park stadium lighting and rental portable lights to illuminate the perimeter of the venue. Please indicate what arrangement you have made for providing First Aid Staffing and Equipment: K-Tech Security will provide an onsite EMT for the duration of the entire event. The EMT will be located in a First Aid beside the ONE celebration INFO booth that will be clearly marked "FIRST AID" and equipped with a First Aid kit and cot. For serious injuries, 911 will be called for assistance. First Aid ❑ First aid station to be staffed by event staff? First aid/CPR certified? ❑ Yes U No El First aid station to be staffed by professional company: ► Company: K-Tech Security & Protection Services ❑ No first aid station at event Accessibility Please describe your Accessibility Plan for access at your event by individuals with disabilities: ADA designated parking will be located in the southeast parking lot of Kimball Park. The accessibility plan will be published on the event organizer's souvenir program and website. The plan will include designated ADA parking (located on the south east parking lot of Kimball Park), location of ADA bathrooms (1 ADA bathroom will be located on the northwest and southeast end of Kimball Park), ADA pathways and the event organizer's INFO booth will have volunteers onsite for assistance, if needed. Orientation for event volunteers and vendors will discuss the accessibility plan 1 week prior to the event. j TRAFFIC CONTROL MAP 9\\ .r •' e• _ J fh!91. .P :bt ro a PARKING DESIGNATIONS Ymioo! I• ALLOY INN //�� (SI,t�V wV^j . F •� iCdh Gs[ iceZ. rn. n,aa ta., .-n..ay..o:: S ...>.lrYAo...c 1,0,14.0 WV. tNA� un:1T N f'eivl Cill �,.MJ'• t.lua. • :.Y.4.H}y�fl.le.lM4TY}?;M 1.) By 1 lam the traffic control plan for the cars participating in the caravan over Filipino American 1lighway (CA-54 between I-805 and 1-5) will be directed to exit on Plaza Blvd and have an option to park at the (tentative) Southwestern College lligh Education parking garage or the (tentative) holiday Inn parking garage. 2.) VIPs will be instructed to park in the parking Tots surrounding City Hall off A Ave and National City Blvd. VIPs will be identified by VIP parking passes that will be distributed two weeks prior to the event. 3.) The ADA parking lot will be designated on the southeast end of Kimball Park closest to the National City Boys and Girls club. 4.) Overflow parking will be directed to the National City parking lot located on the north of the National City Senior Center, (tentative) 99cents store west pal king lot and (tentative) WalMart's south parking lot. iZ Before the volunteers walk event notices to surrounding neighbors and business. Elements of our Event Setting up a stage? .j Requesting City Stage; if yes, which size? I j Dimensions (13x28) ❑ Dimensions (20x28) ❑ Applicant providing own stage I. 40 x 32 Dimensions) ❑ No stage at event Special Event Application (continued) Setting up tables and chairs? ❑ Furnished by City # of tables ❑ No tables being set up # of chairs ❑ No chairs being set up I♦ Furnished by Applicant or Contractor 100+ # of tables [] No tables being set up 400+ # of chairs ❑ No chairs being set up Contractor Name: Aileen Elegado-Catapusan, Event Specialist, Indulge Contemporary Catering Contractor Contact Information: 5151 Santa Fe Street, Suite A, San Diego, CA 92109 (619) 888-8033 office, (858) 430-2470 fax Setting up other equipment? ❑ Sporting Equipment (explain) ▪ Other (explain) Set-up 10 x 10 mock Gawad Kalinga home and small waterfall for media interviews. ❑ Not setting up any equipment listed above at event Having amplified sound and/or music? IN PA System for announcements • CD player or DJ music ▪ Live Music I. ❑ Small 4-5 piece live band I. • Large 6+ piece live band ❑ Other (explain) ❑ No amplified sound/music at event If using live music or a DJ. I. Contractor Name Cedric Bonjoc, CEO & Artist, Q-York Entertainment I. P.O. Box 1017, Sun Valley, CA 91353 t5 Special Event Application (continued) Using lighting equipment at your event? ❑ Bringing in own lighting equipment ▪ Using professional lighting company I. Company Contact Name: Ed Arguelles, Imagine Media Group, LLC Address: 303 H St., 468-F Chula Vista, CA 91910 Phone Number: (619) 407-4180 ❑ No lighting equipment at event Using electrical power? 111 Using on -site electricity • For sound and/or lighting • For food and/or refrigeration ▪ Bringing in generator(s) • For sound and/or lighting ❑ For food and/or refrigeration Having, selling and/or information vendors at your event? PLEASE NOTE: You may be required to apply for a temporary health permit if food or beverages are sold of given away during your special event. Also see 'Permits and Compliance' on page 7/8 in the Special Event Guide. For additional information on obtaining a temporary health permit, please contact the County of San Diego Environmental Health at (619) 338-2363. El Having food and non-alcoholic beverages at your event? ▪ Vendors preparing food on -site O. # 10 I. Business License # To be provided asap. if yes, please describe how food will be served and/or prepared: Most food vendors will bring food prepared from their restaurants. All food vendors must comply with San Diego County food preparation policies as stated on their food vendor permit application. ▪ Vendors bringing pre -packaged food I. # No more than 10 ► Business License # To be provided asap. 111 Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) ► # TBD 111 Vendors selling food # No more than 10 I. Business License #(s) To be provided asap. In Vendors selling merchandise # No more than 30 ► Business License #(s) To be provided asap. ❑ Food/beverages to be handled by organization; no outside vendors ❑ No food at event • Vendors selling services # No more than 30 I. Business License #(s) To be provided asap. I. Explain services: satellite television, media subscription, model training NI Vendors passing out information only (no business license needed) # No more than 40 ► Explain type(s) of information: social services, non-profit association promotional items [.1 No selling or informational vendors at event Isr' Special Event Application (continued) Having children activities? PLEASE NOTE. in the event inflatable jumps are provided at the event, The City of National City requires commercial liability insurance with limits of at least SI Million dollars per occurrence/$2 Million dollars aggregate. In addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the City's Risk Manager, along with the Certificate of Insurance, for approval prior to the event. The application should be filed out at least one week prior to the event. There is a $25 fee to process the pennit application. For questions or to obtain a copy of the `Facility Use Application", please contact the Community Services Department at (619) 336-3290. Inflatable bouncer house # 2 Inflatable bouncer slide # 1 ❑Other. Inflatable Obstacle Course ❑ No children activities at event Having fireworks or aerial display? II Rock climbing wall Height: 24' x 10' • Arts & crafts (i.e., craft making, face painting, Radhatter, etc.) Vendor name and license # Pyrospectaculars, National City Business License # 21793-05 POC: Sam (619) 504-2797 Dimensions 410 x 410 Duration 5-7 minutes Number of shells: To be determined Max. size 3" Note: Fireworks map of set-up area and timeline details to be provided by Sam of Pyrospectaculars. PLEASE NOTE: In the event fireworks or another aerial display is planned for your event, The City of National City requires commercial liability insurance with limits of at least $2 Million dollars per occurrence/ $4 Million dollars aggregate. In addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsernent, which shall be provided by the vendor or its insurer to the City's Risk Manager, along with the Certificate of Insurance, for approval prior to the event. Depending on the size and/or nature of the fireworks display, the City reserves the right to request higher liability limits. The vendor must also obtain a fireworks permit from the National City Fire Department and the cost is $349.00. Arranging for media coverage? [ j Yes, but media will not require special set-up II Yes, media will require special set-up. Describe: Designated parking and traffic flow for media vans. Please see attached map for designated media parking and traffic flow. [. J No, not arranging for media coverage MEDIA PARKING NAH00! P r^ 1.1. f3 ➢ Fr, z. 1 o 0' rr Nat nr,I City Cdy HA SW h ,. 14E- 114 KlntGat 2t F.tAch ri Nat for aKuy AI fcl'_ S[hpd ■ G+ n u%/3 hw1A115.Dat3<>NAV TTQ2ilt78 1.) Media will be instructed to park media vans on the northwest parking lot located southwest of the Parks and Rec. offices. 2.) Media parking spaces will be identified by signage stating "MEDIA". 3.) An event memo will be sent to media outlets one week prior to May 24. 1b Special Event Application (continued) Event Signage PLEASE NOTE: For City sponsored or co -sponsored events, banners publicizing the event may be placed on the existing poles on the 1800 block and 3100 block of National City Boulevard. The banners must be made to the City's specifications. Please refer to the City's Special Event Guidebook and Fee Schedule for additional information. ■ Yes, we will post signage # TBD ❑ Yes, having inflatable signage # ■ Yes, we will have banners # 20 Dimensions TBD ► (complete inflatable Signage Request form) ■ What will signsfbanners say? ONE, Filipino community celebration, Saturday, May 24, 2008, 1 pm at Kimball Park. Caravan over Filipino American Highway (CA-54 twy between 1-5 and 1-805) at 11 am. More information please go to www.gk777sd.corn. in How will signs/banners be anchored or mounted? To be determined by stage company 8Jor city staff. [I No signage at event n No inflatable signage Notes: Requested that the National City Chamber of Commerce promote the ONE celebration on the electronic billboards located on the 1-805 freeway before the Plaza Blvd. exit and CA-54 before the Highland Ave. exit. Waste Management PLEASE NOTE: One toilet for every 250 people is required, unless the applicant can show that there are sufficient facilities in the immediate area available to the public during the event. ■ Are you planning to provide portable restrooms at the event? If yes, please identify the following: ► Total number of portable toilets: 18 ► Total number of ADA accessible portable toilets: 2 ■ Contracting with portable toilet vendor. ► Spanky's Portable Services Inc. Point of Contact: Joanne Griffin Phone number: (760) 476-0466 P. Load -in Day & Time: Friday, May 23, 2008, 3prn ► Load -out Day & Time: Monday, May 26, 2008 12noon ❑ Portable toilets to be serviced. ► Tirne Set-up, Breakdown, Clean-up Setting up the day before the event? ■ Yes, will set up the day before the even. ❑ No, set-up will occur on the event day ► # of set-up day(s) 1 l7 Requesting vehicle access onto the turf? In Yes, requesting access onto turf for set-up and breakdown (Contact Public Works at 619/336-4580) ❑ No, vehicles will load/unload from nearby street or parking lot. Special Event Application (continued) Breaking down set-up the clay after the event? II Yes, breakdown will be the day after the event. ► # of breakdown day(s) 2 ❑ No, breakdown will occur on the event day. How are you handling clean-up? Li Using City crews II Using volunteer clean-up crew during and after event. Using professional cleaning company during and after event. Miscellaneous Please list anything important about your event not already asked on this application: Would like to request that National City to consider becoming a co-sponsor of this event in the form of waiving or discounting fees for police services, public works and/or permit fees. Additionally, would like to Request that the City of National City declare the weekend of May 24, ONE, Filipino community celebration in the City of National City via a proclamation presented at City Council and again at the ONE event. Thank you for the opportunity to celebrate the Filipino community culture in the largest recognized Filipino hub of businesses, families and elected officials in the County of San Diego and for making National City a tourist destination for all to enjoy. Please make a copy of this application for your records. We do not provide copies. 1211i and d ave. national city. 91950 - Google Maps http.//ntaps.google.cony/maps?t-gc&lrl—erk geocode &.q..121h+an... `• Address D Ave & E 12th St 1..) City, Cit , CA 91950 'ROM 1 vobS,1 10001 r, 0•� • 'coop thARt- Part, VAS RbOLC44404C P ALL"c Get Google Maps on your phone ``- b,rtrbewort'GMAT'S"to466453 Y,,ftlbait �y. J • y :ta (2008 Google Map data ©2008 Leadloq Consulting, NAV I ECO'" Tel or. of Psi: f� 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 Person in Charge of Activity Address Telephone Date(s) of Use 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 the Parking Authority and its officers, employees and agents from and against any and all claims, demands. costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date 2� City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT IEETING DATE May 06, 2008 AGENDA ITEM NO. 32 ITEM TITLE Warrant Register for the period of 03/28/08 through 04/17/08 in the amount of $978,335.50 PREPARED BY Rizza Dela Cuadra DEPARTMENT Finance Accountant Jeanette Ladrido EXPLANATION (619) 336-4331 The Finance Department has implemented a policy to provide explanation of all warrants above $50,000.00. Vendor Check# Amount Explanation Robert Stack Client Trust 17927 $65,027.50 Professional Services —Park Village CDC Payroll various $82,537.26 Payroll for PPE 03/24/08 CDC Payroll various $76,624.85 Payroll for PPE 04/07/08 Various Section 8 owners various $626,786.66 Section 8 Housing Assistance Payments tSee attached report. Environmental Review ✓ N/A Financial Statement Approved by: .1e:itiette Ladrido, Finance Director Account No. N/A STAFF RECOMMENDATION Ratification of warrants in the amount of $978,335.50 BOARD / COMMISSION RECOMMENDATION N/A i ATTACHMENTS ( Listed Below) Resolution No. Ratification of Expenditures for the period 03/28/08 THROUGH 04/17/08 L A-200 (9/80) Paver REDEVELOPMENT FUND CALIFORNIA CENTER MAGAZINE CALIFORNIA IX)WN'IOWN ASSOC. CHRISTENSEN SCHWERDITEGER CORPORATE. EXPRESS INC DANKA DPRA IN(' ESSENTIA MANAGEMENT SERVICES FEDEX FOLEY A 1 ARONER GE (',\PIT Al. I IARKIS & ASSOCIATES LS HIESK PARTNERS IEEE KAIZ. ARCHITECTURE KEA(,Y REAL ESTATE KEYSER MARSTON ASSOCIATES, INC LASER SAVER, INC. TAW W OIFJCE OE DON DETISCII M A YER REPROGRAPHICS. MC. MAZZARELLA CALDAREI.1.1 NA.' IUNAL CONSTRUCTION RENTALS NAI TUNW IDE ENVIRONMENT (WPER & VARCO LLJ' PACIFIC MUNICIPAL CONSULTANTS POWER PLUS SAN DIEGO DAII.Y TRANSCRIPT SW EEIWA TER AUTI IORITY -FILE STAR NEWS Al l-RE.IK) YBARRA CORPORATE EXPRESS INC ROHERT STACK CLIENT TRUST STATE COMPENSATION INSURANCE AI.1- REDO YBARILA /:F:NI RAT. FUND INCNPI AIR(,AS - WEST CALIFORNIA BAKING CO. 'IAMB:ION MEATS & PROVISIONS JOSEPH WEBB FOODS MCGUIRE DISTRIBUTION MISSION UNIFORM SERVICE PADRE JANITORIAL. SUPPLIES, INC PRO -EDGE KNIFE MANUEI. SANCIIEZ SYSCO SAN DIEGO C. S. IIEALTIIWORKS MP.DI('A I. < iRP. AT SYSTEMS WEST, INC. CALIFORNIA BAKING CO. ECOLAB IIAMII.TON MEATS & PROVISIONS MCGUIRE DISTRIBI MON MISSION UNIFORM SERVICE. OFFICE SI I'PI.I ITS PLUS PADRE JANITURIAI. SUPPLIES, INC PRO -EDGE KNIFE REED'S RESTAI'RANT EQUIP. SVC. SAN DIEGO GAS & ELF( 'IRKC .SIERRA SPRINGS SMAICI A. FINAL. SYSCO SAN OIIi(i) ADMINISTRATIVE REVOLVING FUND PAYROLL PAYROLL • SECT/ON 8 HOUSING ASSISTANCE PAYMEN IS NATION'\I. l 'R EDIT REPORTING ATE. EOMI'ENSA 110N INSURANCE UN1AC MORTGAGE FOR MEETING OF MAY 06, 2008 WARRANT RF,GISTF.R FOR PERIOD: 03/28 - 04/17/08 Description SI IHSCRIPTION RENEWAL - J. REYNOSO CD(' AFEMBERSHIP DUES I.EG Al. SERVICES - I IABITAT ()FIEF. SUPPLIES FQI HYMEN' SERVICE PROFESSIONAL. SERVICES PROFESSIONAL SERVICES - WESTSIDE NEIGI-IBORH(H )D'HROWNFIELD GRANT LIBRARY REMODEL PROFESSION Al. SERVICES - MARINA GATEWAY/CONSIP:I.I.A ION-C:ENIRO EQI LIP RENTAL - REDEV PROFESSIONAL SER VICES - FOODLAND FACADE ('ONSI ll: TTNG SERVICES - MARCII 2008 PROFESSIONAL SERVICES - PLAYHOUSE/FORMER II/WARY PROFESSIONAL SERVICES - CLEVE'.AND AVE PROFESSIONAL SERVICES - IFAB1TAT OFFICE: SUPPLIES - TONER PROFESSIONAL SERVICES - IIL•NSCI TEL I.113R.ARY REMODEL. PROFESSIONAL SERVICES- ARE HOLDINGS EQUIP RENTAL. - 1640 E PLAZA BLVD TITLE RESEARCH PROFESSIONAL SERVICES - W ESTSIDE BROWNFIELD GRANT PROFFSSIONAI. SERVICES - ENTERPRISE ZONE PROFESSIONAL. SERVICES - AQUATIC CENTER 1 IHRARY REMODEL CH'ILI'I'I ITS - 1310 HI(311LAND AVE LIBRARY REMODEL. HOUSING ('ONSIJISANI 3;16-3.'31/08 OFFICE SI:PPI.IES PROF'ESSR)NAI- SERVICES - PARK VILLAGE/EMINENT DOMAIN-HENSCHEL WORKERS' (:OAMP INS - MARCII 2008 H01 SIN( CONSULTANT 04.01-15/08 SUBTOTAL - REDEVELOPMENT NCNP HETII:M FEES NCNP FIX )I).'('UNSIIMABLES NCNP E00131 ONSIIMABLIS N('NP NX)IJ'CONSUMABLES N('NI' Et R)D.CONSUMABLES I.INEN St IPYLIES JANITORIAL SUPPLIES SHARPENING SERVICE MILEAGE REIMBURSEMENT - FEB 2008 NC:N9' FOOD/CONSUMABLES MEDICAL SERVICES ARMORED SERVICE - MARCII 2008 NCNP FOOD;CONSUMABLES KJTC:HEN EQUIPMENT MAINTENANCE NCNP FOOD'CONSUMABLES NCNP FUOD'CONSU FABLES LINEN SUPPLIES OFFICE SUPPLIES JANITORIAL SUPPLIES SHARPENING SERVICE EQUIPMENT REPAIR UTILITIES - 1415 D AVE NUTRITION CNTR NCNY WATER SERVICE NCNP F(X)D'CONSUMADLES NCNP FOOD'CONSUMABLES PPE 03/24/08 PPE 04'07.01 SUBTOTAL - NCNP SUBTOTAI. - ADMINISTRATIVE REVOLVING FUND MANI:AI. PAY'MENIS REPLACEMENT FOR CK 8( 10422 WORKERS' COMP INS - MARCII 2008 S8 OFFICE SPACE RENTAL - APRIL 2008 SUBTOTAL- SECTION 8 Chk No Amount 17879 17880 17R81 17882 17883 17884 17885 17886 17887 17888 17890 17891 17892 17894 17895 17896 17897 17898 17899 17902 1'1903 17904 17905 17907 17909 17911 17913 17915 17918 17927 17932 17933 17R77 1787R 17889 17893 1790(1 17901 17906 17908 17911) 17912 17914 11916 17917 1'/919 17920 1792E 17922 1'/923 1792E 17925 17926 17928 17929 11930 17931 19500 300.00 481.25 6611.99 41 R.24 460.00 8,792.23 694.86 127.07 209.48 717.50 7,500.00 12.418.00 19,700.00 2,168.77 717.48 5,420.93 9,254.83 2,150.50 142.52 3.330.00 102.00 426.25 195.00 504.10 474.66 620.13 3,000.00 95.92 6.5.027.50 1,887.79 3,000.00 5 151,196.00 21.29 359.90 2,293.23 4,030.03 836.45 161.88 2,787.52 88.00 2828 6,977.75 520.00 738.57 300.00 188.71 1,074.03 917.95 54.41 126.81 2,124.72 44.0(1 273.71 3,713.(8) 22.50 51.54 , 9,143.50 S 36,877.78 S 82,537.26 76,624.85 5 159,162.11 5 626.786.66 10449 55.65 10450 447.60 1044R 3,809.70 S 631,099.61 TOTAL OF ALL FUNDS: S 978,335.50 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE May 6, 2008 AGENDA ITEM NO. 33 (--ITEM TITLE Investment Report for quarter ended March 31, 2008 PREPARED BY Jeanette Ladrido, C EXPLANATION See attached report DEPARTMENT Finance x 4331 Environmental Review Not applicable. Financial Statement Staff certifies that there are sufficient funds to meet the Community Development Commission's financial needs. Account No STAFF RECOMMENDATION Accept and file the Investment Report for the Quarter ended March 31. 2008. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS Resolution No. 1 Background/Investment Overview 2 Portfolio Summary — Quarter ended March 31, 2008 A-200 (9/80) ATTACHMENT 1 BACKGROUND California Government Code Section 53646 requires that staff submit an investment report to the Community Development (CDC) Chairman and members within 30 days following the end of the quarter that consists of the following information: V V V V V V Type of investment or description, Issuers (bank or institution), Dollar amount, Interest rate, Current market valuation as of the date of the report, And the date of maturity. In addition, the code requires that the report states the CDC's compliance with it's investment policy and include a statement on the CDC's ability to meet it's pool's expenditure requirements. OVERVIEW OF CITY INVESTMENTS The CDC investments most of its funds the California Treasurer's Local Agency Investment Fund (LAIF). This is a liquid investment pool, which allows participants to eam market rate returns of large investments, while retaining access to funds within 24 hours of a withdrawal request. Most funds have remained in LAIF to meet staffs cash flow objectives. Large sums of money must remain liquid to ensure that staff does not miss opportunities to purchase land or property within the project area. For the quarter ended March 31, 2008, LAIF's return was 3.77%. The investment of debt service reserve funds, the 2004 and 2005 Tax Allocation Bonds, is controlled by the designated fiscal agent. The reserve funds account for 20% of the CDC's portfolio. Federal Agency Securities account for 3% of the investment portfolio. The average rate of return is 4.83% The CDC has 7% invested in Negotiable Certificates of Deposit. The average rate of return is 3.49%. The average monthly expenditures of the CDC is $1,268,520.00 To ensure compliance with Government Code Section 53646, the CDC must have $7,611,120.00 available to meet cash flow requirements. Staff certifies that there are sufficient funds to meet the cash flow requirements. SUMMARY OF INVESTMENT PORTFOLIO As of March 31, 2008 INVESTMENTS HELD BY THE CDC OF NATIONAL CITY Investment Type % of Book Value Market Value Portfolio LAIF 13,205,323.55 13,228,778.12 69.60% Federal Agency Securities 600,000.00 607,061.00 3.16% Deutsche Bank 3,805,629.92 3,805,629.92 20.06% Cash 2,375.19 2,375.19 0.01% Negotiable CD's 1,361,000.00 1,357,532.47 7.17% Totals for March 2008 18,974,328.66 19,001,376.70 100.00% Totals for December 2007 14,668,822.48 Portfolio increase from prior quarter 4,305,506.18 Negotiable CD's Cash 7.17% 0.01% Deutsche Bank 20.06% Federal Agency Securities 3.16% LAIF 69.60% Investments Liquidity Book Value % of Portfolio On Demand Within One Month One Month to One Year Within One to Five Years 13,207,698.74 0.00 682,000.00 5,084,629.92 69.61 % 0.00% 3.59% 26.80% 18,974,328.66 100.00% Community Development Commission of National City Finance Department COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY INVESTMENT INVENTORY WITH MARKET VALUE AS OF MARCH 31, 2008 LAIF LOCAL AGENCY INVESTMENT FUND $ 11,205,323 55 $ 13,228,778.12 $ 107,185 84 $ 23,454 57 SUBTOTAL LAID' S 13.20S,323.55 S 13,228,778.12 S 107,185.84 S 23,454.57 69.60% CD AMERICAN NATIONAL. RANK 01/16/09 CD RANK OF OKLAIIOMA 04/16,'09 99.000.00 3.650% 98,732.70 99.730% 301.13 95,00000 94,228.60 253 31 3 200°%; 99 188% CD BRIDGEVIEW RKT CO 05/05/09 3.850% CD CARROLL COUNTY'1'C OF MO 06/ 18/08 'T/,000 00 9.5,000 00 96,824.43 99.819% 94,795.75 2 950% 99. 785% CD COMMUNITY RANK OF RAVENSWOOD 04/14/09 3 500% CD EUROBANK 05/14/08 CD EVF.RI3ANK 04/30/09 ..J FARMERS 13&'F 05/09/08 CD FIRST INTERNET BK OF IN 01/28/10 CD THE FIRST NB OF SHF.I.BY CD 06/18/08 CD HUDSON UNTIED BANK 05/13/08 CD MILLENNIUM BANK, NA 11/07/08 CD PEACHTREE NATI. RANK 10/31/08 CD SOVEREIGN BANK 05/05/09 Cash Account Balancc 3.300% 3.800% 3.450% 4 150% 2.900% 3.500% 3 600% 3 400% 3.650% 97.000.00 95,000.00 97 00000 99,000.00 95,000 00 99,000.00 100,000.00 99 000 00 95,000.00 99,000 00 2,375.19 96,507.24 99.492% 94,919.25 99 915% 96,778.84 99.772% 98,946.54 99 946% 95,028.50 100.030% 9R,776 26 99.774% 99,939 00 99 939% 98,768.34 99.766% 94,675 10 99.658% 98,611.92 99.608% 2,375.19 (267.30) (771.40) 311.21 (175.57) 233 54 (204.25) 282.92 (492.76) 261 25 (80 75) 307.17 (221.16) 284.63 (53.46) 328.54 28.50 239.25 (223.74) 29167 (01.00) 297.00 (231.66) 26917 (324.90) 301.13 (388 08) SUBTOTAL. C:D - CDC S 1,363,375.19 S 1,359,907.66 S 3,961.92 S (3,467.53) 7.19% Page 1 of 2 AGENCY FFDFRAI. FARM CR 08/27,'12 AGENCY FNMA 0225!11 COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY INVESTMENT INVENTORY WITH MARKET VALUE AS OF MARCH 31, 2008 5.650% 4.000% 500,000.00 100,000.00 507,030.00 101.406% 11)0,031 00 100031% 2,354.17 33333 7,010.00 31.00 SUBTOTAL FEDERAL AGENCY SECURITIES - CDC S 600,009.00 S 607,061.00 $ 2,687.50 S 7,061.00 3.16°A• DEUTSCHE BANK 2004 TAB REDEVELOPMENT FUND INVESTMENT TREASURY MONEY FUND 2005A TAB RESERVE ACCOUNT UBS FINANCE 100.003% 2005A TAB RESERVE ACCOUNT INVESTMENT TREASURY MONEY FUND 2005A TAB COST' OF ISSI IANCE FUND INVFSTMENT TRF..4SIIRY MONEY FUND 2005B TAB RESERVE ACCOUNT INVESTMENT" TREASURY MONEY FUND 2005B TAB COST OF ISSUANCE FUND INVESTMENT TREASURY MONEY FUND $ 1,416234.22 $ 2,344,000.00 28.422 75 2,346.80 9,679.18 4,946.97 1,416,234.22 2,344.000 00 1 00 28,422.75 L00 2,346 go 1 00 9,679.18 1.00 4,946.97 1.00 $ SUBTOTAL WITH CASII FISCAL AGENT S 3,805,629.92 S 3,805,629.92 S 20.06•AD GRAND TOT,%I. S 18,974,328.66 S 19,001,376.70 $ 113,835.26 S 27,048.04 100.00% Page 2 of 2 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE May 6, 2008 AGENDA ITEM NO. 34 ITEM TITLE Public 'leafing — Modification of Approved Consistency Review for 'Lumina' Mixed Use Project Location: 1105-1125 National City Boulevard and 41-43 East 12th Street APN: 556-554-16, 17, -18, -19, -20 Applicant: Constellation Property Group (Nat City I2`h) LP Case File No.: 2008-17 MI DSP-2006-6 PREPARED BY DEPARTMENT Raymond Pc (619) 336-4421 �, Planning Department EXPLANATION On November 21, 2006, the Community Development Commission Board approved Consistency Review DSP-2006-6 for the Lumina mixed use project. The applicant is requesting approval of a modification to the approved project, which consists of 174 residential units, a 130-room hotel, and retail commercial space. The proposed modification would not substantially change the building envelope or floor area of the approved project, but would increase the number of residential units to 204 units and reduce the size of the hotel to 92-rooms. In addition, the modification would include a partial alley vacation to accommodate the redesign, and would be a condition of project approval. The proposed project is described in further detail in the attached background report. ENVIRONMENTAL REVIEW A Program EIR was certified for the Downtown Specific Plan pursuant to the California Environmental Quality Act. The F.IR is adequate environmental documentation for those projects that are consistent with the Specific Plan. FINANCIAL STATEMENT Not applicable Account No STAFF RECOMMENDATION Staff recommeapproval of the modification to the approved Downtown Specific Plan Consistency Review. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Background Report 2. Exhibit 2008-17 M1 DSP-2006-6 3. Recommended Findings Resolution No. 4. Recommended Conditions of Approval A-200 (9/80) BACKGROUND REPORT Subject Property The project site includes four parcels and a portion of a fifth parcel totaling 55,545 square feet (-1.2 acres) on the block east of National City Boulevard, south of 11'h Street, north of 12'h Street, and west of A Avenue. A 20-foot wide alley divides the site, and the portion adjacent to the project is proposed to be vacated for the development of the project. The alley vacation would add 3,242 square feet to the project site. The site has 160-feet of frontage along National City Boulevard, 276-feet along 11 th Street, 140-feet along 12'h Street, and 260-feet along A Avenue (proposed). Existing uses on the project site include a vacant (former used ear) lot, Lourdes Family Restaurant, and vacant office buildings. An Enterprise Rent-A-Car agency is located on the block at the northeast comer of National City Boulevard and 12'h Street, but is not a part of the proposed project. 'I'hc parking lot to the east of the site has been approval for the development of 61 residential condominiums in the separate `Centro' project. The project site is located in Development Zone 5B of the Downtown Specific Plan. Approved Project The approved project consists of 174 residential condominium units, a 130-room hotel, and approximately 55,514 square feet of commercial floor area in two buildings. A three-story commercial building on National City Boulevard would have a height of approximately 63-feet; and a 22-story residential/hotel tower on A Avenue would have a height of approximately 240-feet. The two buildings would be separated by the alley and connected by a pcd strian bridge. The gross floor area of 407,731 square feet results in a floor area ratio (FAR) of 7.47:1. The parking requirement is 371 spaces based on the residential unit mix (number of bedrooms), the number of hotel rooms, and the conunercial floor area. The approved project provides a total of 376 underground parking spaces. Proposed Modification The proposed modification to the project would add 30 residential units for a total of 204 units and reduce the size of the hotel to 92 rooms. The hotel rooms would be moved from the lower levels of the residential tower to the building on National City Boulevard, and additional commercial space would be added to the lower levels of the residential tower. However, the modification would not substantially change the floor area devoted 10 each of the uses -residential, hotel, and commercial —or the building envelope. The building on National City Boulevard would increase in height by less than 2-feet, and the tower on A Avenue would decrease in height by 20-feet. The proposed alley vacation would allow the project to reduce the amount of underground parking and integrate the parking garage between the two buildings. The modification would increase the project gross floor area to 413,447 square feet, but would reduce the FAR to 7.15:1 with the proposed alley vacation. The parking requirement would he 463 spaces --466 spaces are proposed. 1 A summary comparison of the approved project and the proposed modification is provided in the following table. Residential (net SF) Number of Units Hotel (net SF) Number of Rooms Approved Proposed Difference % A 199,838 174 Commercial (net SF) 95,999 130 55,514 204,410 +4,572 { 2.3% 204 +30 +17.2% 101,295 15,296 +5.5% 92 -38 -29.2% Parking Spaces Gross Floor Area (SF) FAR 376 53,113 -2,401 4.3% 466 1-90 +23.9% 407,731 Building Height Land Use Consistency 7.47:1 413,447 +5,716 1.4(170 7.15:1 -0.32:1 -4.3% 240 feet 220 feet -20 feet -8.3% The proposed modification of the approved project would be consistent with the land use regulations of the Downtown Specific Plan. The project falls within Development Zone 5B, which lists "medium -density multi -family residential [40-200 du/ac] over street -level retail" as a preferred land use. The project would achieve this land use objective by providing street level commercial space along street frontages and residential units in upper floors at a density of approximately 157 du/ac. The underlying zone allows hotel uses by right. The proposed mix of uses would further the goal of the specific plan for more active and intense mixed infill development that emphasizes a pedestrian and transit oriented urban environment. Height and FAR Exemption "The approved project was granted an exemption to exceed the maximum floor area ratio and building height. The development zone allows a maximum FAR of 4:1 and a maximum height of 90-feet. The proposed modification would reduce the project FAR from 7.47:1 to 7.15:1, and would reduce the building height from 240-feet to 220-feet. 2 EXIIIBIT 2008-17 M1 DSP-2006-6 (Note: Full-sized set of plans are available for review in the Planning Department) 3 RECOMMENDED FINDINGS FOR APPROVAL Basic Compliance — The project complies with the development standards of the Specific Plan with the exception of floor area ratio and height. However, the applicant has requested an exemption pursuant to the exemption process outlined in the Downtown Specific piap and the adopted Consistency Review Procedures. Under Exemption Finding 3: The project makes a significant contribution to off -site public space in Downtown National City, such as street improvements, public plazas, park improvements, and other improvements that are called for in the Specific Plan. Specifically, a public street is proposed along the east side of the project that would provide puhlic access between 11th Street and 12th Street. This extension of A Avenue would establish a fonnal pedestrian and vehicular connection from the neighborhoods north of the project to the Civic Center complex and Kimball Park to the south. This connection is one of the major goals identified in the Downtown Specific Plan, Open Space Framework 2. Creating a Place for People — The project enhances the pedestrian experience with attractive and distinctive design and amenities. 3. Enrich the Existing — The project enriches the qualities of the existing downtown by exhibiting a distinctive design that arises from and complements its setting, including the scale of the downtown, the block, and the street. 4. Make Connections — The project is integrated physically and visually with its surroundings. The project exhibits attention on how to get around by foot, bicycle, public transportation and automobile in that order. 5. Work with the Landscape — 1'he project strikes a balance between the natural and man- made environment and utilizes each site's intrinsic resources — the climate, landform, landscape, and ecology to maximize energy conservation and create distinctive amenities. 6. Mix Uses and Forms — The project weaves together different building forms, uses, textures, and densities. 7. Design for Change — The project is designed for energy and resource efficiency; creating flexibility in the use of property, puhlic spaces (including the sidewalk) and the service infrastructure and introduces or acknowledges through design; new approaches to transportation, traffic management and parking. 4 - RECOMMENDED CONDITIONS FOR APPROVAL i. Mitigation Measures. The project shall be subject to all applicable mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the certified Program EH( for the Downtown Specific Plan. 2. Alley Closure. The applicant shall obtain approval of an alley closure and order to vacate pursuant to the approved plan prior to the issuance of building permits. 3. Approved Plan. The project shall be developed and maintained in substantial conformance with Exhibit (2008-17 MI DSP-2006-6), dated May 6, 2008, except as modified by the conditions of approval. 4. Public improvements. The applicant shall submit improvement plans for all adjacent public rights -of -way for approval. The plans shall be consistent with the Downtown Specific Plan, including the Open Space Framework, the Streetscapc Master Plan, and the Desjg,n Guidelines. The improvements shall include but not be limited to streets; alleys; curbs and gutter; sidewalks; medians; parkways; landscape; street lights; street furniture; traffic control; parking facilities; utilities; water, sewer, and drainage facilities; and other necessary facilities and infrastructure. The applicant shall install and construct the improvements pursuant to the approved plans prior to occupancy. 5. Engineering Requirements. The applicant shall comply with all engineering requirements, including the following. a) A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Ilydrology study findings and recommendations are part of Engineering Department requirements. b) "The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will he required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP), an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. c) The Best Management Practices (I3MPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Stomp Water Pollution 5 Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior 10 issuing of a construction permit. d) All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. c) A grading and 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 parking lot or development shall he 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 private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. f) A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. g) A sewer permit will be required. The City is currently preparing a sewer study shall that considers the adequacy of the existing sewer system. The sewer study recommendations shall be part of the Engineering Department Requirements. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall he 8-inch in size with a clean out and the installation of a manhole in the street. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. A sewer main runs through the alley that shall be addressed or relocated if building is to be constructed in this location. h) A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure. As a minimum, the parking lot pavement sections shall be 2-inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 6 J) i) The deteriorated portions of the existing street improvements (including sidewalks and curbs) along the property frontages shall be retnove d and replaced. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. k) Street improvements shall be in accordance with City Standards. Abandoned driveway aprons shall be replaced with curbs, gutters, and sidewalks. 1) A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing cascanents and the ownership of the property. m) A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also he 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 according to actual worked hours and consultant services. n) 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. o) The subdivider shall submit an approval letter from Sweetwater Authority stating lire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the Final Map approval. p) 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. q) All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. r) The Final Map shall be recorded prior to issuance of any building permit. s) All new property line survey monuments shall be set on private property, unless otherwise approved. t) The Final Map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terns 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. 7 6. Public Works Requirements. The applicant shall comply with all public works requirements, including the following. a) The developer shall replace the existing sidewalks adjacent to the project. b) Sewer facilities — The developer shall be required to upgrade the sewer line to 12-inch diameter. c) The developer shall replace the existing street trees with a tree palette commensurate with the building's architecture and adjacent landscaping theme. d) The developer shall install streetlights along the project's alley and street frontages to assure safety of the residents at night. 7. Fire Department Requirements. The applicant shall comply with all Fire Department requirements, including the following. a) Project to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City b) Automatic fire sprinkler system will he required. c) Class 1 standpipe system will be required d) Automatic and manual fire alarm system with communications system will be required. e) Smoke control system will be required. f) Fire Department central control station will he required. g) Clear and easily accessible emergency ingress and egress to and throughout the facility rnust be provided and maintained. 8. Building Department Requirements. The applicant shall comply with all Building Department requirements, and plans shall comply with the latest editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Codc, and California Title 24 energy and handicapped regulations. 9. Police Department Requirements. The applicant shall comply with all Police Department requirements, including the following. a) The project shall comply with the crime free multi -housing criteria and crime prevention through environmental design standards. b) The project shall incorporate a camera system for security monitoring purposes of the common open public spaces and retail areas of this project. Such camera system should 8 be compatible to operationally integrate with the current Police Department security camera project scheduled for various areas throughout the City. 10. Transit Requirements. The applicant shall construct an expanded bus stop at National City Boulevard & 12th Street with a larger shelter or two smaller shelters with interior/exterior benches, trash receptacles, and lighting. Expiration. This permit shall expire two years after the effective date of approval unless prior to that date a request for a time extension has been filed in writing to the Community Development Conunission. The process for a time extension shall be the same as the process for application for the original permit. 9 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE May 6.2008 AGENDA ITEM NO. 35 ITEM TITLE Resolution — Modification of Approved Consistency Review for `Lumina' Mixed Use Project 1,ocation: 1105-1125 National City Boulevard and 41-43 East 12th Street APN: 556-554-16, 17, -18. -19, -20 Applicant: Constellation Property Group (Nat City 12th) LP Case File No.: 2008-17 MI DSP-2006-6 PREPARED BY DEPARTMENT Raymond Pc (619) 336-4421 � Planning Department EXPLANATION If the requested modification is approved, the attached resolution would need to be adopted to follow through on the action. ENVIRONMENTAL REVIEW Not applicable FINANCIAL STATEMENT Not applicable Account No STAFF RECOMMENDATION Staff recommends adoption of the resolution if the proposed modification is approved. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Resolution Resolution No. A-200 (9/80) RESOLUTION NO. 2008 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING A MODIFICATION TO AN APPROVED CONSISTENCY REVIEW FOR THE `LUMINA' MIXED USE PROJECT LOCATED AT 1105-1125 NATIONAL CITY BOULEVARD AND 41-43 EAST 12TH STREET APPLICANT: CONSTELLATION PROPERTY GROUP (NAT CITY 12TH) LP (CASE FILE NO.: 2008-17 M1 DSP-2006-6) WHEREAS, the applicant has filed an application for modification of an approved Downtown Specific Plan Consistency Review; and WHEREAS, the adopted procedures for Consistency Review require the Community Development Commission ("CDC") to consider all development proposals at a public hearing; and WHEREAS, the CDC considered the application at a duly advertised public hearing held on May 6, 2008, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the CDC considered the recommendation and findings of the staff report contained in Case File No. 2008-17 M1 DSP-2006-6, which is incorporated herein by reference, along with the evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare; and WHEREAS, the CDC desires to achieve the goals and implement the policies of the Downtown Specific Plan; and WHEREAS, the CDC has determined that the adoption of the action recited herein would further the goals and policies of the Downtown Specific Plan. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission hereby finds that the testimony and evidence presented at the public hearing support the following findings: 1. Basic Compliance — The project complies with the development standards of the Specific Plan with the exception of floor area ratio and height. However, the applicant has requested an exemption pursuant to the exemption process outlined in the Downtown Specific Plan and the adopted Consistency Review Procedures. Under Exemption Finding 3: The project makes a significant contribution to off -site public space in Downtown National City, such as street improvements, public plazas, park improvements, and other improvements that are called for in the Specific Plan. Specifically, a public street is proposed along the east side of the project that would provide public access between 11th Street and 12th Street. This extension of "A" Avenue would establish a formal pedestrian and vehicular connection from the neighborhoods north of the project to the Civic Center complex and Kimball Park to the south. This connection is one of the major goals identified in the Downtown Specific Plan, Open Space Framework Resolution No. 2008 - May 6, 2008 Page 2 2. Creating a Place for People - The project enhances the pedestrian experience with attractive and distinctive design and amenities. 3. Enrich the Existing - The project enriches the qualities of the existing downtown by exhibiting a distinctive design that arises from and complements its setting, including the scale of the downtown, the block, and the street. Make Connections - The project is integrated physically and visually with its surroundings. The project exhibits attention on how to get around by foot, bicycle, public transportation and automobile - in that order. 5. Work with the Landscape - The project strikes a balance between the natural and man- made environment and utilizes each site's intrinsic resources - the climate, landform, landscape, and ecology to maximize energy conservation and create distinctive amenities. 6. Mix Uses and Forms - The project weaves together different building forms, uses, textures, and densities. 7. Design for Change - The project is designed for energy and resource efficiency; creating flexibility in the use of property, public spaces (including the sidewalk), and the service infrastructure, and introduces or acknowledges through design new approaches to transportation, traffic management, and parking. BE IT FURTHER RESOLVED that the Community Development Commission has considered that the Program Environmental Impact Report for the Downtown Specific Plan serves as adequate environmental documentation, together with any comments received during the public review process, and finds on the basis of the whole record that that the project was adequately considered by the Program Environmental Impact Report, which reflects the Community Development Commission's independent judgment and analysis, and hereby authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, the Community Development Commission approves said Downtown Specific Plan Consistency Review subject to the following conditions: 1. Mitigation Measures. The project shall be subject to all applicable mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the certified Program EIR for the Downtown Specific Plan. 2. Alley Closure. The applicant shall obtain approval of an alley closure and order to vacate pursuant to the approved plan prior to the issuance of building permits. 3. Approved Plan. The project shall be developed and maintained in substantial conformance with Exhibit (2008-17 M1 DSP-2006-6), dated May 6, 2008, except as modified by the conditions of approval. Resolution No. 2008 — May 6, 2008 Page 3 Public Improvements. The applicant shall submit improvement plans for all adjacent public rights -of -way for approval. The plans shall be consistent with the Downtown Specific Plan, including the Open Space Framework, the Streetscape Master Plan, and the Design Guidelines. The improvements shall indude but not be limited to streets; alleys; curbs and gutter; sidewalks; medians; parkways; landscape; street lights; street fumiture; traffic control; parking facilities; utilities; water, sewer, and drainage facilities; and other necessary facilities and infrastructure. The applicant shall install and construct the improvements pursuant to the approved plans prior to occupancy. 5. Engineering Requirements. The applicant shall comply with all engineering requirements, including the following. a) A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. b) The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP), an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. c) The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. d) All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. e) A grading and 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 parking lot or 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 Resolution No. 2008 — May 6, 2008 Page 4 f) Management Practices for the maintenance of the parking lot, including sampling, monitoring, and leaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. g) A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. h) A sewer permit will be required. The City is currently preparing a sewer study shall that considers the adequacy of the existing sewer system. The sewer study recommendations shall be part of the Engineering Department Requirements. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 8-inch in size with a clean out and the installation of a manhole in the street. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. A sewer main runs through the alley that shall be addressed or relocated if building is to be constructed in this location. i) A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure. At a minimum, the parking lot pavement sections shall be 2-inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. j) The deteriorated portions of the existing street improvements (including sidewalks and curbs) along the property frontages shall be removed and replaced. k) A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. I) Street improvements shall be in accordance with City Standards. Abandoned driveway aprons shall be replaced with curbs, gutters, and sidewalks. m) A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership of the property. Resolution No. 2008 — May 6, 2008 Page 5 n) A cost estimate for all of the proposed grading, drainage, street improvements, landscaping, and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate 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 according to actual worked hours and consultant services. o) 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. p) 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 Sweetwater Authority prior to obtaining the Final Map approval. q) The developer shall bond for the monumentation, the public improvements, the on - site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the Final Map. r) All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. s) The Final Map shall be recorded prior to issuance of any building permit. t) All new property line survey monuments shall be set on private property, unless otherwise approved. u) The Final Map shall use the Califomia 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. Public Works Requirements. The applicant shall comply with all public works requirements, including the following. a) The developer shall replace the existing sidewalks adjacent to the project. b) Sewer facilities — The developer shall be required to upgrade the sewer line to 12- inch diameter. c) The developer shall replace the existing street trees with a tree palette commensurate with the building's architecture and adjacent landscaping theme. d) The developer shall install streetlights along the project's alley and street frontages to assure safety of the residents at night. Resolution No. 2008 — May 6, 2008 Page 6 7. Fire Department Requirements. The applicant shall comply with all Fire Department requirements, including the following. a) Project to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. b) Automatic fire sprinkler system will be required. c) Class 1 standpipe system will be required. d) Automatic and manual fire alarm system with communications system will be required. e) Smoke control system will be required. f) Fire Department central control station will be required. g) Clear and easily accessible emergency ingress and egress to and throughout the facility must be provided and maintained. 8. Building Department Requirements. The applicant shall comply with all Building Department requirements, and plans shall comply with the latest editions of the California Building Code, the Califomia Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 9. Police Department Requirements. The applicant shall comply with all Police Department requirements, including the following: a) The project shall comply with the crime free multi -housing criteria and crime prevention through environmental design standards. b) The project shall incorporate a camera system for security monitoring purposes of the common open public spaces and retail areas of this project. Such camera system should be compatible to operationally integrate with the current Police Department security camera project scheduled for various areas throughout the City. 10. Transit Requirements. The applicant shall construct an expanded bus stop at National City Boulevard and 12t Street with a larger shelter or two smaller shelters with interior/exterior benches, trash receptacles, and lighting. 11. Expiration. This permit shall expire two years after the effective date of approval unless prior to that date a request for a time extension has been filed in writing to the Community Development Commission. The process for a time extension shall be the same as the process for application for the original permit. Resolution No. 2008 — May 6, 2008 Page 7 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 Community Development Commission meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is govemed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 6th day of May, 2008. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel ITEM #36 5/6/08 Facility Improvements Update (City Engineer) ITEM #37 5/6/08 Verbal Report on Neighborhood Council's Clean-up (Community Services) Gr nd Surface Itf 3'.. 2 Flush Surface Well Lover -- locking Slip Cap ;reel Extension Skin /i Ccy0(---vQ \<- Well Casing - 3entonite Pellet or Chip Seal Sand Filter Pack 2 Weil Screen )Z -- Threaded PVC 'Ali Trap and noitoni 'dp Rnttnrn of flonnn Typical Monitoring 'Nell Design ofe�- rlc.:.arirae CALIFORNIA ALL•PURPOSE ACKNOWLEDGMENT State of California County of Lf5 r\e_A` J L Q �( L {� On No umber 4� 2D4If before me /0re.a barber- lV otot ! {� dot I L Date } Name and I ale of Officer to Doe,Nets i Fable) personally appeared _. - WI i ((� ITV . r 'r JNarmolsl of SrgeerMl DORTHEA L. GARBER Commission M 174e443 Notary Public - California Los Angeles County SI Comm. ExsJun 1,2011 Place Notary Seal Above )(personally known to me 11 (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL t ‘Lin,1/4ti Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Documentnq ' 1l- t ( Q�,� Title or Type of Document: + ` 1(��1 r� n.) Wz t 1 i�C V i ( V�Yt �K ��(11 W Document Date: _ N UJ frr [ I t wO I ) Number of Pages: T. Signer(s) Other Than Named Above: Capacity(ies) CIAlmed byISi rSs) Signer's Name: NA pa) k)re,fc _— Li Individual J Li Corporate Officer - — Title(s): L Partner J Limited LI General 17 Attorney in Fact Li Trustee LI! Guardiagor Conservator r IA fze C vlo, Signer Is Repr se ting- RIGHT THUMBPRINT OF SIGNER Top ,l Ihumb here Error ••aS?Sit5T3 0 2006 National Notary Association • 9350 De Soto Ave . PO. Bo Signer's Name: J individual J Corporate Officer — Title(s): Partner — L ' Limited !II General LI Attorney in Fact Li Trustee Guardian or Conservator L i Other: Signer Is Representing:. Top 01 thumb here 2402 • Chatsworth. CA 91313 2402 Itrm No. 5907 v609 Reorder: Cap Top -Free 1-800-876-682/ t✓ PROPOSED WELI.J DESCRIPTION The proposed monitoring wells will he constructed of a 2" diameter PVC casing with an 8" sand and bentonite grouted boring with a total well depth of 35 feet, completed with a flush mounted 12" diameter, traffic rated, steel well cover set in concrete. EXHIBIT IBIT B