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HomeMy WebLinkAbout2009 02-17 CC CDC AGENDA PKTAgenda Of A 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 — February 17, 2009 — 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 (CDC) 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 for 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 Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be 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 interpretacidn en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All CeII Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcityca.gov CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 2/17/2009 - Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City approving an Underground Conversion Agreement with San Diego Gas & Electric (SDG&E) in the amount not -to -exceed $267,603 and authorizing the Mayor to execute the Agreement. Funds are available in the Tax Increment Fund in conjunction with the Marina Gateway Improvements. (Engineering) 8. Resolution of the City Council of the City of National City approving an Agreement with Wade and Associates for construction management for the Bay Marina Drive Widening Project in the amount not -to -exceed $71,861 and authorizing the Mayor to execute the Agreement. Funds are available in the Tax Increment Fund. (Engineering) 9. Resolution of the City Council of the City of National City accepting the work from C.T. Georgiou Painting Company, approving the final contract amount of $35,443.75, and authorizing the filing of a Notice of Completion for the National City City Parks Rehabilitation Painting Project. (Funded through General Funds) (Engineering) 10. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with BRG Consulting, Inc. in the amount not -to - exceed $135,729 to prepare an Environmental Impact Report and related technical studies for an amendment to the Downtown Specific Plan. (Case No. SP-2005-3) (Applicant: Library Village South, Inc.) (Planning & Building) 11. Resolution of the City Council of the City of National City authorizing the Mayor to sign a Memorandum of Agreement (MOA) between the County of San Diego Health and Human Services Agency, Public Health Services, Emergency Medical Services (EMS) and the City of National City for the procurement, transport, storage, distribution and administration of dangerous drugs and devices. (Fire) 12. Resolution of the City Council of the City of National City authorizing the Mayor to sign a Memorandum of Agreement (MOA) between the County of San Diego, Health and Human Services Agency, Public Health Services, Emergency Medical Services (EMS) and the City of National City to provide Advanced Life Support (ALS) First Responder Services. (Fire) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 2/17/2009 - Page 4 CONSENT CALENDAR (Cont.) 13. Resolution of the City Council of the City of National City authorizing funds in the amount of $58,424 for the reimbursable grant purchase of equipment and training for the Police and Fire Departments from the FY08 State Homeland Security Grant Program. (Fire) 14. Resolution of the City Council of the City of National City authorizing the submission of Grant Assurances for the FY08 State Homeland Security Grant Program. (Fire) 15. WARRANT REGISTER #30 Warrant Register #30 for the period of 01/14/09 through 01/20/09 in the amount of $389,457.44. (Finance) 16. WARRANT REGISTER #31 Warrant Register #31 for the period of 01/21/09 through 01/27/09 in the amount of $1,389,840.80. (Finance) 17. National City Sales Tax Update — Third Quarter 2008: (Finance) 18. Disclosure of property interests located within redevelopment project area; Councilman Jess Van Deventer. (City Attorney) PUBLIC HEARING 19. Public Hearing — Amendment to Title 18 (Zoning) Chapter 18.142 of the National City Municipal Code pertaining to Residential Density Bonus and Affordable Housing Incentives and Proposed Negative Declaration. (Applicant: City Initiated) (Case File No. 2008-15-A) (Planning) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 2/17/2009 - Page 5 NON CONSENT RESOLUTIONS 20. Resolution of the City Council of the City of National City adjusting the compensation of the City Manager to provide that the City Manager shall pay two percent of the PERS employer -paid member contribution for that position. (City Attorney) 21. Resolution of the City Council of the City of National City adjusting the compensation of the City Attorney by establishing the salary and eliminating the car allowance for that position, and providing that the City Attorney shall pay two percent of the PERS employer -paid member contribution for that position. (City Attorney) 22. Resolution of the City Council of the City of National City approving the total allocation of $240,000 to the Boys & Girls Clubs of Greater San Diego, Inc., formerly operating in National City as the Boys & Girls Clubs of National City, Inc. (City Manager) NEW BUSINESS 23. Letter of Intent of the City of National City regarding the funding allocation of the Fiscal Year 2008-2009 Community Development Commission of the City of National City Education Revenue Augmentation Fund. (Finance) 24. Temporary Use Permit — American Cancer Society's National City Relay for Life at Kimball Park from August 8-9, 2009 with $1,500 in fees waived pursuant to City Council Policy #804. (Neighborhood Services Division) 25. Notice of Decision — Coastal Development Permit and Proposed Negative Declaration for Marina Gateway Street Improvement Project for West 23rd Street and Harrison and Cleveland Avenues within the Local Coastal Program. (Applicant: City of National City) (Case File No. 2008-28 CDP, IS) (Planning Division) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 2/17/2009 - Page 6 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 26. Authorize the reimbursement of Community Development Commission expenditures in the amount of $93,561.99 to the City of National City for the period of 01/14/09 through 01/20/09. (Finance) 27. Authorize the reimbursement of Community Development Commission expenditures in the amount of $103,438.93 to the City of National City for the period of 01/21/09 through 01/27/09. (Finance) NEW BUSINESS STAFF REPORTS MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — March 3, 2009 - 6:00 p.m. — Council Chamber - National City. TAPE RECORDINGS OF CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE ITEM #1 2/17/09 Boys & Girls Club Presentation and Request for Financial Support BUSINESS PLAN FOR: BOYS & GIRLS CLUBS OF GREATER SAN DIEGO NATIONAL CITY BRANCH EXECUTIVE SUMMARY 1.0 Executive Summary The National City Branch of the Boys & Girls Clubs of Greater San Diego is a youth development organization serving the school -age youth cif -National City. The organization serves as a local advocate for youth and as a provider of programs that promote the healthy development of children. There is a continuing need for affordable after school programs in National City. The community has a significant school -age youth population with financial limitations. Access to the Club is not an issue because free transportation via school buses is available to bring students directly from their schools to the Club each day that school is in session. However, the Club's membership fee may be a barrier for some students. The Club will Increase promotion so that parents of students have greater awareness of the Club's after school program. The operating budget for the National City Branch provides a basic level of service to the youth of National City. Due to limited capacity of the branch's clientele to pay fees, the branch relies on government grants and philanthropic support from the community to balance its budget. Philanthropic support has depleted in recent years due to the recessionary economy and limited cultivation of donors. The Greater San Diego organization has developed a plan to re-engage lapsed donors and attract new potential donors. The purpose of this plan is to increase income from a variety of sources including foundations, corporations, local businesses and individuals. Additional income will enable the Club to expand ,its programs and to serve more youth. To increase efficiency and effectiveness, administrative tasks for the National City Branch will be performed by the Greater San Diego organization, while direct services to youth will be provided by staff working at the National City Branch. Changes are being made to upgrade the skills of staff working with youth. 1.1 Objectives This plan is designed to create a high performance youth service organization, whose programs and services address the needs of National City youth. Our objectives are: To improve the academic success of our members To strengthen positive character traits of our members - To develop healthy habits and decision -making skills of our members This will be accomplished by: Strengthening adult leadership, both paid and volunteer Increasing public awareness of the Club and its impact on the community - Increasing the resources available to accomplish our mission 1.2 Mission The Boys & Girls Clubs of Greater San Diego is a positive place for kids where youth of all backgrounds are inspired and enabled to achieve their full potential as healthy, productive, responsible and caring citizens. ORGANIZATION SUMMARY 2.0 Organization Summary The National City Branch of the -Boys & Girls Clubs of Greater San Diego is a youth development organization serving the school -age youth of National City. The organization serves as a local advocate for youth and as a provider of programs that promote the healthy development of children. 2.1 Legal Entity The Boys & Girls Clubs of Inland North County is a 501c3 non-profit organization registered with the Internal Revenue Service and the State of California. The organization operates by the fictitious business name, Boys & Girls Clubs of Greater San Diego, which is licensed by the County of San Diego. SERVICES SUMMARY 3.0 Services The Club facility, which is designed solely for use by girls and boys, is located at 1430 D Avenue in National City. The facility operates weekdays on a year round basis and is staffed by trained professionals assisted by adult volunteers. The Club serves youth between the ages of 6 and 18 years. Youth who are susceptible or "at risk" to such social dangers as gang and drug involvement, dropping out of school, teen pregnancy or abusive homes, are the focus of special attention. Club programs are designed to help young people gain self-confidence, increase knowledge, develop mentally and physically, and gain perspective on their future opportunities. Through the teaching of honest values and concern for others, Club programs foster positive attitudes and behavior. Based on physical, emotional, cultural and social needs and interests of girls and boys, the Club offers diversified program activities in five core areas: Character & Leadership Development Education & Career Development Health & Life Skills The Arts Sports, Fitness & Recreation The program is based on a youth development strategy, which endeavors to develop in each participant: A sense of competence — the feeling there is something each youth can do and do well A sense of usefulness the opportunity to do something of value for other people A sense of belonging — a setting where an individual knows he or she has a place and where he or she "fits" and is accepted A sense of power or influence — a chance to be heard and to influence decisions The program at the National City Branch has been tailored to meet needs specific to National City. Programs offered at this location include: - Afterschool care 3 Day camp Enrichment classes Keystone Club - Team sports The Club is an - "inclusive" membership organization. There are approximateTy 1,568 regigered- members. Membership fees are purposely kept low to keep its facilities available to every youth. The annual membership fee is $55 and the weekly day camp fee is $75. If, for financial reasons, the youth or his or her family cannot afford Club fees, they can apply for a scholarship. No youth is ever turned away due to inability to pay. MARKET ANALYSIS SUMMARY 4.0 Market Analysis Summary There is a continuing need for affordable after school programs in National City. The community has a significant school -age youth population with financial limitations. Access to the Club is not an issue because free transportation via school buses is available to bring students directly from their schools to the Club each day that school is in session. However, the Club's membership fee may be a barrier for some students. The Club will increase promotion so that parents of students have greater awareness of the Club's after school program. 4.1 Market Segmentation Service Geographics City of National City has a population of 63,000 in a 9.2 square mile area 7,760 students are enrolled in grades kindergarten through 8 at the Club's feeder schools - 2,791 students are enrolled in grades 9 through 12 at the Club's feeder schools Busing program brings in children from all 10 elementary schools, 2 middle schools and a high school Service Demographics - Racial/ethnic demographics: 5% Black, .5% Native American, 1% Asian, 56% Hispanic, 27% Caucasian, .5% other 28% of the population is 17 years old and under - 3 out of 4 families are minorities 95% of the students in the Club's feeder schools qualify for free or reduced price lunches 33% of the 18-24 year olds have no high school degree Service Psychographics 47% of the households in the service area are headed by single parents The average family of 4 earns $23,000 and 38% of the children in the service area live in poverty 35% of 5th graders have used alcohol, 61% of 5th graders have been bullied and 27% of middle and high school students have been harassed The typical family includes working poor parents, who often have two jobs and an extended work day - These families are looking for affordable, safe places for their children to be after school and during school breaks while they work Service Behaviors The National City Branch has -established a -program that -is -most effective in -serving -the -needs of the — low-income youth population of National City. Through an arrangement with the City and the National School District, students receive free transportation each day that school is in session from their school to the National City Branch. During school vacation periods, the branch offers day camps that provide full day care for children with working parents. The branch is an affordable, safe place, where students are engaged in character building activities directed by trained professionals. In addition, the National City Branch serves as a community resource by offering enrichment classes, small group clubs and teen sports, and by providing space for school activities including band practice and charter school classes. 4.2 External Competition Three other organizations provide after school programs in National City. - National City Library operates the WINGS program at ten elementary schools in the National School District. This program serves students in grades 1-6. The average daily attendance is 1,700. Some schools have waiting lists at some grade levels. National City Parks & Recreation Department operates after school programs at three parks. This program serves students, ages 8-13. The average daily attendance is 45. This is a drop -in program with no waiting list. Sweetwater Union School District operates after school programs at Granger Junior High School and National City Middle School. This program serves students in grades 7 and 8. The average daily attendance is 600. This is a drop -in program with no waiting list. All of these programs are offered free -of -charge to participants. 4.3 Market Analysis The primary target population group for the National City Branch is school age children (from 6 to 18 years of age). This group represents 25% of the population. National City has limited capacity to serve students after school. Approximately 30% of students in grades 1-8, who attended schools in National City, participate each day in after school programs. A study conducted by the SDSU Small Business Consulting Group, dated summer 2008, recommended that the National City Branch more aggressively market its program to attract additional participants. This study also suggested that the $55 annual membership fee may be a barrier to some potential participants. 4.4 Target Market Segment Strategy The National City Branch has promoted participation in its programs through public schools, parents, limited print and publication advertisements and a website. The branch has lacked an overall marketing program, strategy and budget, which has been caused by a deficiency in financial resources. With space available for more participants in it's after school program, the branch should develop and implement a marketing plan to increase program participation. RESOURCE DEVELOPMENT SUMMARY 5.0 Resource Development Summary The operating budget for theNationaltity Branch provides a basic level of -service to -the youth-ef--- — National City. Due to the limited capacity of the branch's clientele to pay fees, the branch relies on government grants and philanthropic support from the community to balance its budget. Philanthropic support has depleted in recent years due to the recessionary economy and limited cultivation of donors. The Greater San Diego organization has developed a plan to re-engage lapsed donors and attract new potential donors. The purpose of this plan is to increase income from a variety of sources including foundations, corporations, local businesses and individuals. Additional income will enable the Club to expand its programs and to serve more youth. 5.1 Resource Development Forecast Less than 10% of the income for the National City Branch is derived from membership dues and program fees paid by participants. This is due, in part, to the low income of families seeking services from the branch. In order to keep its fees low, the branch has relied on government grants and philanthropic support from the community to balance its operating budget. According to a feasibility study, commissioned by the National City Board of Directors and conducted by Ross & Associates in April 2008, the branch's annual non -government& operating income is $365,000. The study determined that in excess of 50% of this income is philanthropic. The proposed operating budget for the National City Branch for 2009 is $500,000 (see attachment). This is $100,000 Tess than the pre -merger operating budget of $600,000. This is due to the elimination of two full-time positions: executive director and development director. However, were it not for financial support from the City of National City, projected expenses would exceed projected income. It should also be noted that the proposed operating budget does not provide reserve funds. It is the policy of Greater San Diego to maintain a minimum three month operating reserve. A total of $250,000 ($150,000 for operating reserve and $100,000 for capital reserve) should by collected and set aside as reserves for the National City Branch. 5.2 Resource Development Strategy The organization is planning a three -pronged approach to increase income for operations and reserves. Short Term Strategy When the National City Branch eliminated the development director position, it reduced the number of grant proposals the organization could realistically submit to potential funding sources. Traditionally, the organization had submitted and received numerous small grants, primarily from foundations. Although the economy has impacted most foundations, there is still "low lying fruit" to be picked through astute grant writing. The Greater San Diego organization plans to submit numerous grant requests on behalf of National City. This should result in an additional $15,000 to $20,000 of annual income. (O Mid Term Strategy In a better economy, there would be room to grow the philanthropic support from the community to the organization. The Greater San Diego organization plans to position the National City Branch to benefit -from an -improved economy by providing administrative -staff support to grow its annual - campaign (contributions) and golf tournament. According to a study conducted by the SDSU Small Business Consulting Group, dated summer 2008, the National City Branch "lacks functional existing and past donor relationship maintenance which hinders their continued involvement and support". To re-engage these donors, the community council (formerly board of directors) of the National City Branch will conduct an aggressive annual campaign using donor cultivation and solicitation techniques developed by Boys & Girls Clubs of America. The community council will also focus its efforts on a single fundraising event, the golf tournament, with special emphasis on soliciting sponsorships. Over several years, this should result in an additional $50,000 to $65,000 of annual income. Long Term Strategy The National City Branch has taken an important step toward long term financial stability with the development of an endowment fund at The San Diego Foundation. While this fund has over $1 million of assets, the annual payout is approximately 5% or $50,000. The National City Branch needs to grow its endowment/foundation assets by marketing planned gifts to its long time supporters and alumni. The Greater San Diego organization has had much success with its Kid for Life planned giving program. In future years as planned gifts,"mature", the investment of these gifts should result in an additional $50,000 to $100,000 or more of annual income. MANAGEMENT SUMMARY 6.0 Management Summary To increase efficiency and effectiveness, administrative tasks for the National City Branch will be performed by the Greater San Diego organization, while direct services to youth will be provided by staff working at the National City Branch. Changes are being made to upgrade the skills of staff working with youth. 6.1 Personnel Plan As an independent organization, the Boys & Girls Club of National City spent over 25% of its operating budget on administrative staff. By merging with the Greater San Diego organization, the National City Branch will receive administrative services for 10% of their operating budget. These services indude accounting, human resources, marketing & communications, property management and resource development (fund raising). The branch staff will consist of the following positions: - Area Director Site Supervisor - Program Coordinator Clerk/Receptionist - Recreation Leaders - Maintenance Aid 1 Management of the Greater San Diego organization reviewed records and interviewed each employee of the National City Branch to evaluate performance and determine competencies. The process resulted in a decision to replace some employees and to provide additional training for those employees to be retained. These actions will upgrade staff skills and improve the quality of services offered to the youth of National City. Management will acquire and install Visions software to track member participation and to evaluate the effectiveness of staff. 2009 will serve as a baseline year for the collection of data. The goal will be to improve attendance and participation by 10% in 2010 over the baseline established in 2009. Boys & Girls Clubs of National City Operating Budget Projections INCOME Contributions Spec. Events/Net Govemment Grants Member Dues/Fees Investments Foundation Grants Rent/Miscellaneous United Way TOTAL INCOME EXPENSES Salaries Benefits Payroll Expense Activity Fees* Conf./Training Ins. (non -vehicle) Miscellaneous Nutrition Occupancy Office Expense Outside Services Postage/Printing/PR Supplies Telecommunications Transportation Dues Administrative Fee 10% TOTAL EXPENSES NET *Keystone Conference 2007 Actual 2008 Projected 135,161 135,000 64,983 39,000 129,799 185,100 54,410 40,700 52,513 46,100 92,728 51,800 25,385 30,000 11,243 - 566,222 527,700 354,313 260,000 33,337 23,000 39,229 54,000 8,090 2,000 21,077 22,000 2,053 2,000 35,041 46,350 7,675 6,000 12,567 14,000 27,561 11,350 38,437 35,000 2,955 3,000 9,435 20,000 5,574 6,000 597,344 504,700 (31,122) 23,000 2009 Proposed 135,000 45,000 155,000 45,000 40,000 50,000 30,000 500,000 245,000 22,050 36,750 10,000 3,060 24,000 2,400 48,000 6,000 7,000 6,000 30,000 3,600 6,000 ' 3, 500 45,230 497,530 2,470 ATTACHMENT BOYS & GIRLS CLUBS OF GREATER SAN DIEGO NATIONAL CITY BRANCH BENEFITS OF MERGER The merger of the Boys & Girls Clubs of Greater San Diego and the Boys & Girls Clubs of National City on January 1, 2009, provided many benefits for the organization serving National City. 1. COST SAVINGS As the National City Branch, the organization projects a decrease in annual expenses from $600,000 prior to the merger to $500,000 post merger. Greater San Diego eliminated three full time administrative positions in National City. The cost of salaries, benefits and payroll expenses for these positions was replaced by a 10% administrative overhead charge, which represents the bulk of the cost savings. The tasks performed by these employees are now performed by the administrative team of Greater San Diego that is housed in the Escondido office. 2. UPGRADED SUPPORT SERVICES The Greater San Diego organization provides accounting (Controller and payroll services), human resources, property management and transportation services and expertise, resources which the National City Branch did not have access to prior to the merger. These services in the past were contracted and paid for as needed, therefore these expenses have been eliminated. 3. INCREASED FUNDRAISING CAPACITY The Greater San Diego organization provides a complete development department, with expertise in donor cultivation and solicitation, grant writing, planned giving and special events. Diversification of resources will be continual and stabilize funding for the National City Branch. 4. IMPROVED STAFF DEVELOPMENT Prior to the merger, employees of the National City Branch went two years without any formal training. The Greater San Diego organization has a comprehensive, mandatory, in-house staff training and development program, which will be available to all employees of the National City Branch. Standardization of curriculum and training will result in higher quality programs for youth at the National City Branch. 5. INCREASED VISIBILITY AND PUBLIC AWARENESS The Greater San Diego organization provides a comprehensive marketing program that will expand visibility and awareness among potential members, parents, donors and volunteers. Except for the hard dollar costs of materials and fuel, there will be no additional charge for any of these services. 10 BOYS & GIRLS CLUBS OF GREATER SAN DIEGO NATIONAL CITY BRANCH GOALS & ACTION STEPS 1. To increase average daily attendance without increasing staff (from 60 to 120 in the afterschool program and from 35 to 75 in day camp) A. By improving program curriculum and increasing staff training (to a minimum of 20 hours per year). B. By reducing the annual membership fee charged to participants (from $55 to $15 for most participants). C. By reducing the weekly day camp fee charged to participants (from $75 to $30 for most participants). D. By increasing awareness of the programs among prospective participants through enhanced marketing and promotion. 2. To stabilize operational funding and reduce dependence on City general funds through diversification of funding sources A. By soliciting additional funding from foundations and corporations (target: $20,000). B. By soliciting funding from BGCA's Office of Juvenile Justice Funds (target: $50,000). C. By developing and implementing an aggressive annual campaign to increase support from local businesses and individuals (target: $65,000). D. By increasing the Club's endowment through marketing and solicitation of planned gifts (target: $100,000). E. By applying for additional Community Development Block Grant funds (target: $100,000). F. By conducting a campaign to solicit voluntary personal contributions from City employees. Implementation of a realistic timeline may take up to three years for the Clubs to fully accomplish all of the stated goals. 11 Page 1 of 1 Leslie Deese From: Sent: To: Cc: Allie Allie Pruitt [alliepruit@cox.net] Tuesday, February 03, 2009 2:41 PM Leslie Deese Subject: Fw: Cost saving Benefits of Merger Attachments: Benefits of Merger.docx Original Message From: Allie Pruitt To: Leslie Deese Cc: Allie Sent: Tuesday, February 03, 2009 2:37 PM Subject: Cost saving Benefits of Merger Leslie, The benefits of merger doc. (I faxed you a copy) which is attached shows immediate cost savings to the club. Here is my interpretation of examples of some January immediate cost savings: Controllers office: • Outside Payroll Services Discontinued Human Resources: • Keep staffing levels appropriate ( not under /nor over) for numbers of children present in club Property management: • Certify all of the extinguishers. • Repaired broken gym window. • Replaced all of the broken Tight switches and also replaced the missing covers to the electrical outlets. • Removed old copiers at no cost. • Repaired broken partition in restrooms and replaced commode seats. • Capped drain line of sink in office area • Set up gym for Annual Dinner All of the above were completed with no additional labor cost to the NC Clubhouse. Improved Staff development: • Mandatory Saturday training that was attended by 100% of NC staff. Leslie, these are savings that immediately come to my mind, however, there are many other hidden cost saving areas where the NC Clubhouse and Program will benefit from the expertise acquired by the unification. I imagine the few items I have listed represent at least a $5,000 savings to the 2009 budget. Allie 2/4/2009 1� City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 17. 2009 AGENDA ITEM NO. 2 ITEM TITLE PRESENTATION - FIRE RESPONSE STUDY FOR THE NATIONAL CITY FIRE DEPARTMENT PREPARED BY Walter Amedee, LJ4% DEPARTMENT Fir Homeland Security Manager EXPLANATION In 2008, the National City Fire Department requested funds to start a Request for Proposal (RFP) for a Fire Response Study. After reviewing five proposals, the City retained Citygate Associates, LLC to conduct the fire response study. This study reviews the adequacy of the existing deployment system from the current fire station locations, and based on that analysis and possible service area growth, proposes what deployment enhancements the City could consider as funds allow. The report includes important findings and recommendations, maps, and response statistics. This planning effort is part of National City's efforts to enhance its services through progressive planning as the National City community continues to evolve. See Fire Response Study for more details. Environmental Review NI N/A Financial Statement No negative impact. Approved By: Account No. finance Director STAFF RECOMMENDATION Direct staff to implement the recommendations proposed in the Fire Response Study. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Fire Response Study for the National City Fire Department Resolution Resolution No. A-200 (9/99) (ITTflTf fiSS9(IfiTfS, PLC FOLSOM (SACRAMENTO), CA MANAGEMENT CONSULTANTS FIRE RESPONSE STUDY FOR THE NATIoNAL CRY FIRE DEPARTMENT VOLUME 1 0F3 — MAIN REPORT January 23, 2009 a .., A CE;Ni TI1, viAtii 'wok i , 2250 East Bidwell St., Ste #100 Folsom, CA 95630 OW WE (916) 458-5100 ■ Fax: (916) 983-2090 `�Tl�lilf'S'` ""` TABLE OF CONTENTS Section Page VOLUME 1 of 3 — (this volume) Executive Summary 1 Policy Choices Framework 1 Citygate's Overall Opinions on the State of the City's Fire Services 1 Challenge — Field Operations Deployment (Fire Stations) 2 Section 1—Introduction and Background 5 1.1 Report Organization 5 1.1.1 Goals of Report 5 1.1.2 Limitations of Report 5 1.2 Background 6 1.3 National City Project Approach and Research Methods 6 1.4 City Background Information 6 1.5 Newer Legal Changes and Challenges to the Provision of Fire Services 7 Section 2---Standards of Response Cover (Deployment) Analysis 9 2.1 General Fire Deployment Background Information 9 2.2 National City Community Outcome Expectations — What is Expected of the Fire Department? 10 2.3 National City Community Risk Assessment 13 2.3.1 Building Fire Risk 17 2.3.2 Special Hazard Risks 17 2.3.3 Wildland Fire Risk 17 2.3.4 Desired Outcomes 18 2.4 Staffing — What Must Be Done Over What Timeframe to Achieve the Stated Outcome Expectation? 18 2.4.1 Offensive vs. Defensive Strategies in Structure Fires Based on Risk Presented 18 2.4.2 Daily Unit Staffing in the City 20 2.4.3 Staffing Discussion 20 2.4.4 Company Critical Task Time Measures 20 Table of Contents page i croi T:: vu n: 2.4.5 Critical Task Measures Evaluation 24 2.5 Current Station Location Configurations 26 2.5.1 Possible Re -Deployment Scenarios 31 2.6 Mapping Measures Evaluation 31 2.7 Current Workload Statistics Summary 32 2.7.1 Incident Types 33 2.7.2 City Response Times 36 2.7.3 Response Time Component Measurements 38 2.7.4 Simultaneous Call Measurements 39 2.7.5 First Alarm Response Time Compliance 40 2.7.6 Response Time Statistics Discussion 41 2.7.7 Integrated Fire Station Deployment Recommendations 42 VOLUME 2 of 3 — Map Atlas (separately bound) VOLUME 3 of 3 — Statistical Appendix (separately bound) Table of Contents insanammmanaamm Page ii EXECUTIVE SUMMARY National City retained Citygate Associates, LLC to conduct a Standards of Response Cover Planning analysis (fire response study) for the City. This study reviews the adequacy of the existing deployment system from the current fire station locations, and based on that analysis and possible service area growth, proposes what deployment enhancements the City could consider as funds allow. This deployment report is presented in two main sections, including this Executive Summary summarizing the most important findings and recommendations and a deployment analysis section supported by maps and response statistics bound in supplemental volumes as attachments to this document. This planning effort is part of National City's efforts to enhance its services through progressive planning as the community continues to evolve. At this point in a slow economy, it is an ideal time to take stock of fire services and place fire defense planning on the forefront before the pace of growth again becomes fast and the City fords itself behind the planning timeline to match a desire for additional services to serve growth. POLICY CHOICES FRAMEWORK First, the City leadership must understand there are no mandatory federal or state regulations directing the level of fire service response times and outcomes. The body of regulations on the fire service provides that j[f re services are provided at all, they must be done so with the safety of the firefighters and citizens in mind (see regulatory discussion on page 7). Historically, the City has made significant investments in its fire services, and as a result, has good fire and EMS response coverage, which is further supported by the countywide automatic aid system, which provides for the closest appropriate unit response to all emergencies regardless of jurisdictional borders. Some of these resources are commonly dispatched by one east countywide communications center, and the remainder by the City of San Diego. CITYGATE'S OVERALL OPINIONS ON THE STATE OF THE CITY'S FIRE SERVICES In brief, Citygate fmds that the challenge of providing fire services in the National City is similar to that found in many California communities: providing an adequate level of fire services within the context of limited fiscal resources, competing needs, growing and aging populations plus uncertainty surrounding the exact timing of future development. The Department today is handling the City's needs through local resources and the use of partnerships with its neighbors in the mutual aid system. The deployment system meets the City's current basic needs and could grow commensurate with additional development and revenue to provide increased fire services over time as the City approaches build out of its General Plan. Throughout this report, Citygate makes observations, key findings, and, where appropriate, specific action item recommendations. Overall, there are 10 key findings and 3 specific action item recommendations. Executive Summary page 1 ;` <rit ,11; . L H<;LLENGE iELD OPERATIONS DEPLOYMENT (FIRE STATIONS) Fire department deployment, simply stated, is about the speed and weight of the attack. Speed calls for first -due, all risk intervention units (engines and ladder trucks) strategically located across a community. These units are tasked with controlling everyday average emergencies without the incident escalating to second alarm or greater size, which then unnecessarily depletes the department's resources as multiple requests for service occur. Weight is about multiple -unit response for significant emergencies like a "room and contents structure fire," a multiple -patient incident, a vehicle accident with extrication required, or a complex rescue incident. In these situations, departments must assemble enough firefighters in a reasonable period in order to control the emergency safely without it escalating to greater alarms. In Section 2 of this study, Standards of Cover (Deployment) Analysis, Citygate's analysis of prior response statistics and use of geographic mapping tools reveals that the City has good fire station coverage for some of its neighborhoods. However, given the large area, hilly terrain, insufficient roadway circulation, and mix of suburban and rural population densities, the City is challenged to provide a desirable suburban level of service to the northeastern City from only the existing two fire stations. The maps provided in Volume 2 and the corresponding text explanation beginning on page 26 of Section 2 of this volume show that the City would need a combination of improvements to increase service levels above the current amount. For effective outcomes on serious medical emergencies and to keep serious, but still -emerging fires small, best practices recommend that the first -due fire unit should arrive within 7 minutes of the 911-call receipt, 90 percent of the time. For serious fires and rescues, the balance of the multiple units needed (first alarm) should arrive within 11 minutes of the 911-call receipt, 90 percent of the time. In the City, the current fire station system provides the following unit coverage, averaged Citywide for emergency medical and fire incident types: IS` Apparatus On Scene 7:45 @ 90.6% of the time 1" Alarm On Scene <= 12:15 @ 90.3% of the time The City is only staffed for one serious building fire at a time or one to two medical calls for service at the same time. The regional automatic response system delivers greater alarm and multiple -incident support, when needed, although with longer response times. Citygate's deployment findings and recommendations are summarized below. For reference purposes, the findings and recommendation numbers refer to the sequential numbers as these are presented in the main body of the report. Finding #1: The City does not have a fire deployment measure adopted by the City Council that includes the beginning time measure starting from the point of fire dispatch receiving the 911-phone call, and a goal statement tied to risks and outcome expectations. The deployment measure should have a second measurement statement to define multiple -unit response coverage for serious emergencies. Making these deployment goal changes will meet the best practice recommendations of the Center for Public Safety Excellence (formerly the Commission on Fire Accreditation International). Executive Summary VW page 2 :4°�1, di. Finding #2: The age of the City's housing stock and the increasing numbers of younger and older populations means that there is a greater chance of more serious fires where rescues will be necessary, and if so, the current quantity of in -city firefighter staffing will be quickly overwhelmed with too many critical tasks to accomplish. Finding #3: Given the travel distance difficulties in the northeast area of National City, coverage by a first -due unit within the desirable time of 4 minutes travel and 7 minutes from the time of 911 call is problematic. While a San Diego unit can make the 4-minute drive time, it is not always available, and due to multiple dispatch centers, it cannot make all of the needed National City areas within 7 minutes of the 911 call being processed. Finding #4: If an additional fire company location could be funded, effective first -due unit coverage can be obtained from three (3) fire station sites, at 4 minutes travel time. This means that National City would add a 3rd fire station in the hard -to -serve northeast area. Finding #5: Due to mutual aid, the multiple -unit first alarm coverage is good throughout National City at 8 minutes travel. However, this also depends on successful, timely, mutual aid. Finding #6: With a City fire/EMS incident first -due unit performance of 07:00 minutes/seconds at 84.3 percent, as the mapping analysis predicted, the City does not have enough primary neighborhood fire stations in the City to deliver suburban response times to all areas. This is also seen in the first alarm response time measures. Finding #7: The City has dispatch times close to meeting national best practices and these efforts need to continue. The City's overall turnout time measure is about 45 seconds slower than it could be. Finding #8: The simultaneous emergency call for service rate of 18 percent for two incidents at once, while not a large problem, is a problem for the eastern City area. Even with a second company (the ladder truck) in Station 34 downtown, Station 31 east of I-805 runs 18 percent of their total calls in Station 34's area. When this occurs, the eastern City has to rely on a mutual aid company for a "3rd" simultaneous call for service and these companies are farther away in the eastern City than along the I-5 corridor. Finding #9: The City's geography is a little too large to provide suburban outcome first alarm response time coverage from only two stations. Finding #10: The City benefits from the closest unit "automatic aid" regional dispatch and response system. While this system cannot replace existing City stations or units, the City should continue to participate in this valuable support system for simultaneous calls for service and multiple -unit serious emergencies. Executive Summary Page 3 ;c�if�::�s,t iE: Observation: Generally, population, not buildings, drives fire department calls for service. Additional people have accidents, medical problems, auto accidents, and cause fires. Over recent years, National City Fire has seen a call for service rate of 81 incidents per 1,000 population. The current City population is approximately 61,000 residents and the current General Plan year 2020 population forecast is for a population of approximately 76,000. At the current rate of 81 calls per 1,000 residents, in the year 2020 the annual incident count would be approximately 6,200, an increase of 25 percent over the current count of 4,928 calls per year. While this appears to be a large increase, it occurs slowly at a rate of about 2 percent per year, which gives the City time to assess its fire planning policies and, if desired, add a 3'd fire station and 4`h crew per day as revenue allows. Recommendation #1: Recommendation #2: The City should adopt revised performance measures to direct fire station location planning and to monitor the operation of the Department. The measures should take into account a realistic company turnout time of 2 minutes and be designed to deliver outcomes that will save patients medically salvageable upon arrival; and to keep small, but serious fires from becoming greater alarm fires. Citygate recommends these measures be: 1.1 Distribution of Fire Stations: To treat medical patients and control small fires, the first -due unit should arrive within 7 minutes, 90 percent of the time from the receipt of the 911 call. This equates to 1 minute dispatch time, 2 minutes company turnout time and 4 minutes drive time spacing for single stations. 1.2 Multiple -Unit Effective Response Force for Serious Emergencies: To confine fires near the room of origin, to stop wildland fires to under 3 acres when noticed promptly and to treat up to 5 medical patients at once, a multiple -unit response of at least 14 personnel should arrive within 11 minutes from the time of 911 call receipt, 90 percent of the time. This equates to 1 minute dispatch time, 2 minutes company turnout time and 8 minutes drive time spacing for multiple units. As fiscal resources allow, the most beneficial next improvement in fire services the City could make would be to add a fire station in the northeast City area equipped with one fire engine and a 3-person crew. This capital improvement project can be phased over several fiscal years, from final location to land acquisition, design, bidding, and finally construction as the economy allows. Recommendation #3: As fiscal resources allow, a follow-on step to adding the 3`d fire station would be to increase the daily staffing by one firefighter on the downtown engine at Station 34. The east side stations due to lower call for service volumes could stay long term at three personnel per day staffing. Executive Summary page 4 -,n�; r„.r: r SECTION 1-INTRODUCTION AND BACKGROUND 1.1 REPORT ORGANIZATION This report and deployment analysis is structured into the following sections that group appropriate information together for the reader. This Volume (Volume 1) includes: Section 1 Introduction and Background: Background facts about the City's current fire services. Section 2 Standards of Response Cover (Deployment) Analysis: An in-depth examination of the City's deployment ability to meet the community's risks, expectations and emergency needs. Separately attached: Volume 2 Response Coverage Geographic Maps Volume 3 In-depth Response Statistics Appendix. 1.1.1 Goals of Report As information is imparted throughout the report, Citygate will cite findings and make recommendations at the end that relate to the findings. These findings and recommendations are presented sequentially throughout this report. This document also provides technical information about how fire services are provided, legally regulated, and how the City's fire and EMS services currently operate. This information is presented in the form of recommendations and policy choices for the City leadership and community to discuss. The result is a solid technical foundation upon which to understand the advantages and disadvantages of the choices facing the City leadership and community on how best to provide fire services, and more specifically, at what level of desired outcome and expense. 1.1.2 Limitations of Report In the United States, there are no federal or state regulations on what a minimum level of fire services has to be. Each community, through the public policy process, is expected to understand the local fire risks, their ability to pay, and then to choose their level of fire services. If fire services are provided at all, the federal and state regulations specify how to do it safely for the personnel involved. While this report and technical explanation can provide a framework for the discussion of fire services for the City, neither this report nor the Citygate consulting team can make the final decisions or cost out in detail every possible alternative. Once the City Council determines final policy choices, City staff can conduct any final costing and fiscal analysis. Section 1—Introduction and Background mommoomar Pages VAImV7il,tr: This project involved the study of the fire services coverage within the City's system. In its entirety, this analysis and corresponding findings and recommendations will allow the City leadership to make informed policy decisions about the level of fire, services desired and the best method to deliver them. In this report, the term "City" will be used when referring to National City and "Department" when referring to the National City Fire Department. The challenges facing the City are not unique — communities in California all face the dilemma of how to provide municipal services, given very tight revenue sources that limit providing fire services at the optimum level a community would prefer. 1_.' NATIONAL CITY PROJECT APPROACH AND RESEARCH METHODS Citygate used several tools to gather, understand, and model information about the City for this study. We started by making a document request to the City to gain background information on current station locations, current and prior service levels, the history of service level decisions and what other prior studies, if any, had to say. In site visits, Citygate team members followed up on this information by conducting focused interviews of fire management team members and other appropriate City staff. We reviewed demographic information about the City, proposed developments, and managed growth projections. As we collected and understood information about the City and its services, Citygate obtained electronic map and response data from which to model current and projected fire services deployment. The goal was to identify the location(s) of stations and company quantities required to serve the City as it continues to develop. Once Citygate gained an understanding of the City service area with its fire, rescue, and EMS risks, the Citygate team developed a model of fire services that was tested against the mapping and prior response data to ensure an appropriate fit. This resulted in Citygate being able to propose an approach to improving fire services in the City that also would meet reasonable fire service outcome expectations for its residents that is within their likely ability to fund. 9.4 CITY BACKGROUND INFORMATION Located in San Diego County, National City has an area of 9.2 square miles with the land area being 7.3 square miles. The 2008 population within the City reached approximately 61,115 residents. National City is almost entirely built out with only 6 percent of the land area being vacant. There is modest infill residential and redevelopment growth plans for the City. The City in December 2007 published a comprehensive update to its General Plan Housing Element for the years 2005- 2010. The City has been undergoing a partial transformation and updating over the past several years with the construction of numerous residential developments and the renovation of Plaza Bonita Mall, which includes the largest Target in Southern California and a 14 screen AMC Theatre. Breaking ground in spring of 2008, the 173-room Marina Gateway Hotel overlooks the National City Marina, a 250-slip boat dock and marina completed in spring 2008. In addition, Section 1—Introduction and Background page 6 the Marina Gateway Plaza hotel complex will also offer a 4,000 square foot restaurant and a 16,000 square foot commercial retail building. Housing projects have been approved within the Downtown Specific Plan area that borders National City Boulevard. The plan calls for over 9,000 residential units, while over 3,000 condominium or apartment units have been approved for construction. The Constellation project approved at 8th and National City Boulevard boasts a 24-story twin tower construction. The Westside Specific Plan, a draft document for an area between Interstate 5 and National City Boulevard, will result in rezoning from manufacturing to multi -use retail and residential development with maximum heights of 65 feet in some areas. The plan also calls for retaining single-family residential within the core of Westside. The current and future population figures do not take into account the City's "mobile" population of visitors and employees, especially those traveling on the freeways that the Department has to respond to. Population in general drives the call -for -service workload for fire departments. 1.5 NEWER LEGAL CHANGES AND CHALLENGES TO THE PROVISION OF FIRE SERVICES In addition to restrictions on local government finance, there have been a number of new state and federal laws, regulations, and court cases that limit the flexibility of cities in determining their staffing levels, training, and methods of operation. These are given an abbreviated overview below: 1. 1999 OSHA Interior Firefighting Safety Policy — Federal OSHA applied the confined space safety regulations for work inside tanks and underground spaces to America's firefighters. This requires in atmospheres that are "IDLH" (Immediately Dangerous to Life and Health) that there be teams of two inside and two outside in constant communication, and with the outside pair equipped and ready to rescue the inside pair. This situation occurs in building fires where the fire and smoke conditions are serious enough to require the wearing of self- contained breathing apparatus (SCBA). This is commonly called the "2-in/2-out" policy. This policy requires that firefighters enter serious building fires in teams of two, while two more firefighters are outside and immediately ready to rescue them should trouble arise. While under OSHA policy one of the outside "two -out" personnel can also be the incident commander (typically a chief officer) or fire apparatus operator, this person must be fully suited up in protective clothing, have a breathing apparatus donned except for the face piece, meet all physical requirements to enter IDLH atmospheres, and thus be ready to immediately help with the rescue of interior firefighters in trouble. 2. May 2001 National Staffing Guidelines — The National Fire Protection Association (NFPA) Standard on Career Fire Service Deployment was issued five years ago. While advisory to local governments, as it starts to become locally adopted and used, it develops momentum, forcing adoption by neighboring communities. NFPA 1710 calls for four -person Fire Company staffing, arriving on one or two apparatus as a "company." The initial attack company should arrive at the emergency within four minutes travel time, 90 percent of the time, Section 1—Introduction and Background page 7 ,, and the total effective response force (first alarm assignment) shall arrive within eight minutes travel time, 90 percent of the time. These guidelines will be explained and compared to the City in the deployment measures section of this document. Given the cost of adding a 4th firefighter to crews, most suburban agencies staff at 3 personnel. A few, but not all large departments can afford to staff at 4 firefighters per crew. Section 1—Introduction and Background page 8 : :ret tr�:a;r..1 SECTION 2-STANDARDS OF RESPONSE COVER (DEPLOYMENT) ANALYSIS Section Intent: This section serves as an in-depth analysis of the City's current ability to deploy and meet the emergency risks presented in the City. The response analysis will use prior response statistics and geographic mapping to help the City Council and community visualize what the current response system can and cannot deliver. 2.1 GENERAL FIRE DEPLOYMENT BACKGROUND INFORMATION The Center for Public Safety Excellence (formerly the Commission on Fire Accreditation International) recommends a systems approach known as "Standards of Response Coverage" to evaluate deployment as part of the self -assessment process of a fire agency. This approach uses risk and community expectations on outcomes to assist elected officials in making informed decisions on fire and EMS deployment levels. Citygate has adopted this methodology as a comprehensive tool to evaluate fire station location. Depending on the needs of the study, the depth of the components can vary. Such a systems approach to deployment, rather than a one -size -fits -all prescriptive formula, allows for local determination of the level of deployment to meet the risks presented in each community. .In this comprehensive approach, each agency can match local need (risks and expectations) with the costs of various levels of service. In an informed public policy debate, a City Council "purchases" the fire, rescue, and EMS service levels (insurance) the community needs and can afford. While working with multiple components to conduct a deployment analysis is admittedly more work, it yields a much better result than any singular component can. If we only look to travel time, for instance, and do not look at the frequency of multiple and overlapping calls, the analysis could miss over -worked companies. If we do not use risk assessment for deployment, and merely base deployment on travel time, a community could under -deploy to incidents. The Standard of Response Cover process consists of eight parts: 1. Existing Deployment — each agency has something in place today. 2. Community Outcome Expectations — what does the community expect out of the response agency? 3. Community Risk Assessment — what assets are at risk in the community? 4. Critical Task Time Study — how long does it take firefighters to complete tasks to achieve the expected outcomes? 5. Distribution Study — the locating of first -due resources (typically engines). 6. Concentration Study — first alarm assignment or the effective response force. 7. Reliability and Historical Response Effectiveness Studies — using prior response statistics to determine what percent of compliance the existing system delivers. 8. Overall Evaluation — proposed standard of cover statements by risk type. Section 2—Standards of Response Cover Analysis mow. page 9 .17 "7:t• Fire department deployment, simply stated, is about the speed and weight of the attack. Speed calls for first -due, all risk intervention units (engines and trucks) strategically located across a department. These units are tasked with controlling everyday, average emergencies without the incident escalating to second alarm or greater size, which then unnecessarily depletes the department resources as multiple requests for service occur. Weight is about multiple -unit response for significant emergencies like a room and contents structure fire, a multiple -patient incident, a vehicle accident with extrication required, or a heavy rescue incident. In these situations, departments must assemble enough firefighters in a reasonable period in order to control the emergency safely without it escalating to greater alarms. Thus, small fires and medical emergencies require a single- or two -unit response (engine and ambulance) with a quick response time. Larger incidents require more companies. In either case, if the companies arrive too late or the total personnel sent to the emergency are too few for the emergency type, they are drawn into a losing and more dangerous battle. The art of fire company deployment is to spread companies out across a community for quick response to keep emergencies small with positive outcomes, without spreading the stations so far apart that they cannot amass together quickly enough to be effective in major emergencies. Given the need for companies to be stationed throughout a community for prompt response instead of all companies responding from a central fire station, communities such as National City are faced with neighborhood equity of response issues. When one or more areas grow beyond the reasonable travel distance of the nearest fire station, the choices available to the elected officials are limited: add more neighborhood fire stations, or tell certain segments of the community that they have longer response times, even if the type of fire risk found is the same as other areas. For the purposes of this fire services study, Citygate used all eight components of the Standards of Response Cover process (at varying levels of detail) to understand the risks in the City, how the City is staffed and deployed today, and then modeled those parameters using geographic mapping and response statistical analysis tools. The models were then compared to the proposed growth in the City so that the study can recommend changes, if any, in fire services to the City's service area. Thus, Citygate tailored the deployment recommendations in this report to the City's unique needs, and did not use one -size -fits -all national recommendations. The next few subsections in this report will cover the City area factors and make findings about each component of the deployment system. From these findings of fact about the City's fire deployment system, the study is then able to make deployment change recommendations. 2.2 NATIONAL CITY COMMUNITY OUTCOME EXPECTATIONS — WHAT IS EXPECTED OF THE FIRE DEPARTMENT? The next step in the Standards of Response Cover process is to review existing fire and emergency medical outcome expectations. This can be restated as follows: for what purpose does the current response system exist? Has the governing body adopted any response time performance measures? If so, the time measures used by the City need to be understood and good data collected. Section 2—Standards of Response Cover Analysis page 10 INS ,;WI ,�: vaitmomankEtzita The community, if asked, would probably expect that fires be confined to the room or nearby area of fire origin, and that medical patients have their injuries stabilized and be transported to the appropriate care location. Thus, the challenge faced by the City is to maintain an equitable level of fire service deployment across the entire City service area without adding significantly more resources as demand for services grows and traffic congestion increases, slowing response times. The Insurance Services Office (ISO) Fire Department Grading Schedule would like to see first - due fire engines stations spaced 1.5 miles apart and ladder trucks spaced 2.5 miles apart, which, given travel speeds on surface streets, is a 3- to 4-minute travel time for first -due units. The newer National Fire Protection Association (NFPA) guideline .1710 on fire services deployment suggests a 4-minute travel time for the initial fire apparatus response and 8 minutes travel time maximum for the follow-on units. This recommendation is for departments that are substantially staffed by career firefighters, as the City currently is. The ISO grades community fire defenses on a 10-point scale, with Class 1 being the best. Historically, the City has been evaluated as a Class 3 department, meaning the fire engine and ladder truck coverage is adequate and similar to many suburban density areas (Class 3) fire departments. For many reasons, it is not necessary for an agency to only deploy to meet the ISO measures. The ISO criteria are to evaluate for underwriting purposes a department's ability to stop a building fire conflagration. The ISO system does not address small fires, auto fires, outdoor fires and emergency medical incidents. Also, underwriters today can issue fire premiums in Grading Schedule "bands" such as 3-5 and give safer buildings a single rating of Class 1 for example. Thus if an agency only tries to meet the ISO or NFPA station placement criteria, they do not necessarily deliver better outcomes given the diversity of risk across American communities. Importantly within the Standards of Response Coverage process, positive outcomes are the goal, and from that company size and response time can be calculated to allow efficient fire station spacing. Emergency medical incidents have situations with the most severe time constraints. In a heart attack that stops the heart, a trauma that causes severe blood loss, or in a respiratory emergency, the brain can only live 8 to 10 minutes maximum without oxygen. Not only heart attacks, but also other emergencies can cause oxygen deprivation to the brain. Heart attacks make up a small percentage; drowning, choking, trauma, constrictions, or other similar events have the same effect on the brain and the same time constraints. In a building fire, a small incipient fire can grow to involve the entire room in a 4- to 5-minute time frame. The point in time where the entire room becomes involved in fire is called "flashover," when everything is burning, life is no longer possible, and the fire will shortly leave the room of origin. If fire service response is to achieve positive outcomes in severe EMS situations and incipient fire situations, all the companies must arrive, size up the situation and deploy effective measures before brain damage or death occurs or the fire leaves the room of origin. Given that the emergency started before or as it was noticed and continues to escalate through the steps of calling 911, dispatch notification of the companies, their response and equipment set- up once on scene, there are three "clocks" that fire and emergency medical companies must work against to achieve successful outcomes: Section 2—Standards of Response Cover Analysis 11 d " page 1. The time it takes an incipient room fire to fully engulf a room in 4 to 5 minutes, thus substantially damaging the building and most probably injuring or killing occupants. 2. When the heart stops in a heart attack, the brain starts to die from lack of oxygen in 4 to 6 minutes and brain damage becomes irreversible at about the 10-minute point. 3. In a trauma patient, severe blood loss and organ damage becomes so great after the first hour that survival is difficult if not impossible. The goal of trauma medicine is to stabilize the patient in the field as soon as possible after the injury, and to transport them to a trauma center were appropriate medical intervention can be initiated within one hour of the injury. San Diego County has trauma centers, and all trauma victims in the City must be transported to trauma centers in the central or southern county. Somewhat coincidently, in all three situations above, the first responder emergency company must arrive on -scene within 5 to 7 minutes of the 911-phone call to have a chance at a successful resolution. Further, the follow-on (additional) companies for serious emergencies must arrive within the 8- to 11-minute point. These response times need to include the time steps for the dispatcher to process the caller's information, alert the stations needed, and the companies to then don OSHA mandated safety clothing and drive to the emergency. The sum of these three time steps — dispatch, company turnout and drive time — comprises "total reflex," or total response time. Thus, to get the first firefighters on -scene within only 5 to 7 minutes of the 911 call being answered is very challenging to all parts of the system, as this study will describe later in detail. The three event timelines above start with the emergency happening. It is important to note the fire or medical emergency continues to deteriorate from the time of inception, not the time the fire engine actually starts to drive the response route. It is hoped that the emergency is noticed immediately and the 911 system is activated. This step of awareness — calling 911 and giving the dispatcher accurate information — takes, in the best of circumstances, 1 minute. Then company notification and travel take additional minutes. Once arrived, the company must walk to the patient or emergency, size up the problem and deploy their skills and tools. Even in easy to access situations, this step can take 2 or more minutes. It is considerably longer up long driveways, apartment buildings with limited access, multi -storied office buildings or shopping center buildings such as those found in parts of the City. The City currently does not have a City Council adopted fire department response measure that meets all the elements considered a best practice today. The Fire Department response goal as listed in the City budget is: • To provide the first unit on -scene within six minutes; • To provide 3 engines and 1 ladder truck to serious building fires. In other documents the Fire Department states that the first -due unit response time goal begins with the time the call is received at the regional fire dispatch center. Of the six minutes, 1 minute is for dispatch processing, 1 minute for the crew to don safety clothing and get the unit rolling (also known as turnout time) and 4 minutes for driving time over the street network. Informally, Section 2—Standards of Response Cover Analysis rrs�irdUrbgeMWItE the Department goal is to be compliant with the NFPA 1710 Recommended Standard for Career Fire Service Deployment. Current best practice nationally is to measure percent completion of a goal (i.e., 90 percent of responses) instead of an average measure, as many fire departments did in the past. Response goal measures should start with the time of fire dispatch receiving the 911 call to the arrival of the first unit at the emergency, and the measure should state what is delivered and what the expected outcome is desired to be. Percent of completed goal measures are better than the measure of average, because average just identifies the central or middle point of response time performance for all calls for service in the data set. From an average statement, it is impossible to know how many incidents had response times that were considerably over the average or just over. For example, if a department had an average response time of 5 minutes for 5,000 calls for service, it cannot be determined how many calls past the average point of 5 minutes were answered slightly past the 5`h minute, in the 6th minute or way beyond at 10 minutes. This is a significant issue if hundreds or thousands of calls are answered much beyond the average point. Finding #1: The City does not have a fire deployment measure adopted by the City Council that includes the beginning time measure starting from the point of fire dispatch receiving the 911-phone call, and a goal statement tied to risks and outcome expectations. The deployment measure should have a second measurement statement to define multiple -unit response coverage for serious emergencies. Making these deployment goal changes will meet the best practice recommendations of the Center for Public Safety Excellence (formerly the Commission on Fire Accreditation International). In national recommendations years ago, it was thought to take 1 minute for the company to receive the dispatch and get the apparatus moving. However, as will be discussed later, even 1 minute for company turnout is unrealistic, given the need to don mandated protective safety clothing and to be seated and belted in before the apparatus begins to move. Thus, from the time of 911 receiving the call, an effective deployment system is beginning to manage the problem within 7 minutes total reflex time. This is right at the point that brain death is becoming irreversible and the fire has gown to the point to leave the room of origin and become very serious. Yes, sometimes the emergency is too severe even before the Fire Department is called in for the responding company to reverse the outcome; however, given an appropriate response time policy and if the system is well designed, then only issues like bad weather, poor traffic conditions or a significant number of multiple emergencies will slow the response system. Consequently, a properly designed system will give the citizens hope of a positive outcome for their tax dollar expenditure. 2.3 NATIONAL CITY COMMUNITY RISK ASSESSMENT The City mostly contains a mix of older, single- and multi -family dwellings, small and larger businesses, and retailers. Many of the dwelling units date to before 1945. There are also some Section 2—Standards of Response Cover Analysis page 13 "° office park buildings, smaller warehouse and light manufacturing facilities, with some newer and some very old. Both newcomers to the community, as well as long-term residents, may not realize the community assets that are at risk today in such a vibrant and diverse community. The City is charged with responding to a variety of emergencies, from fires to medical calls to special hazards and cargo transportation emergencies on the highways. Here is a partial inventory of the types of risk demographics in addition to the visible homes and business buildings: • Some hazardous materials storage, use, and release, including industrial and transportation on the highways • Approximately 100 local businesses use hazardous materials and are regulated by the Fire Department and San Diego County Environmental Health Unit • Wildland fires • Weather and seismic disaster potential • Newer mid- and high-rise buildings • Large retail sales buildings • Boat Marina • International Marine Cargo Port ♦ Adjacent Navy Base, that the Department is the secondary responder to • At least 19 residential care facilities, many of them for the elderly with an estimated bed capacity of at least 700 persons. Residential developments under construction or recently completed include: • Paradise Walk, 96 townhomes bordering E. 8`h Street at Arcadia • Tremont Court, 43 single-family homes at Division and Euclid • Plaza Village Condos, includes 17 condominium units within a four-story structure with first level parking garage • Mirabelle, 42 single-family residences on Cypress Street, completed in late 2007 • Canyon Ridge, located at the south end of Rachel Street is almost complete and includes 21 single-family residence • Plaza City Apartments, offers 80 senior affordable units, was completed in June 2008 ♦ Harbor View, a multi -use development with 75 condominiums and over 12,000 square feet of commercial space at the corner of 8th Avenue and D Street (currently under construction) • Pacific View Estates, currently under construction, offers 49 single-family residences at the north end of the City, on Division Street • Paradise Village, currently under construction by Generations, LLC, is situated just to the east of Paradise Hospital offering 497 senior units with retail and services on the site Section 2—Standards of Response Cover Analysis page 14 rtr:!rt f h ,;, ,, • The Red Lion Inn, an existing 12-story hotel was transformed into the Bay View Suites in 2007/08. Located along National City Boulevard, they offer 170 units, primarily 1 bedroom units • Centro development, located across from City Hall on 12`h Street, broke ground in spring of 2008 constructing 61 condominiums. Anticipated projects or projects in the development pipeline are: • River View/Cornerstone project (Sweetwater Crossings center): addition of 22,500 square feet of retail to existing center, 643 proposed dwelling units, a total of 14 buildings, residential in buildings ranging from 10-14 stories tall. An Environmental Impact Report is currently being prepared. • Sudberry proposal (north of 54, swap meet area): roughly 250,000 square feet of retail. The application is forthcoming. • Home Depot proposal (west of I-5, south of Civic Center): roughly 130,000 square feet of retail. The application has not been received. • Palm Plaza proposal (SW comer of Palm and Plaza): 75 residential units, 3 floors above one parking level. The application is forthcoming in late 2008. Preliminary plans have been reviewed. While some of the above new construction may be slowed due to the national economic downturn, these projects are all very desirable and will eventually be built. Other fire risk factors to be understood are the type and age of housing stock and occupant densities. Many of the City's dwelling units are older, and more affordable by San Diego regional measures. As such they have become desirable starter homes and rental units. The recently completed National City General Plan Housing Element Update for 2005-2010 cites several demographic changes that place pressure on firefighters: • A decrease in the 18-24 and 25-44 age groups, with increases in all age groups for minors and senior citizens. • The high cost of housing is resulting in over crowding. This is evidenced by the typical household size of 3.38 people as compared to a more typical suburban norm of 2.0-2.5. It is estimated that as far back as the year 2000, that approximately 36 percent of the City's households lived in overcrowded conditions. This overcrowding disproportionally affected renters, where 42 percent of the renters were in overcrowded conditions as compared to 24 percent for owners. • Approximately 85 percent of the City's housing is over 30 years old. Of these, about 1,000 units are older than 50 years. This is the age when electrical and heating systems can cause more fires if not properly maintained, which is problematic in some rental units. The above brief descriptions show a city in transition to newer buildings that while built to modern building codes (and in the case of high rises, be fire sprinklered) can still have emergencies and their occupants can have medical emergencies. Section 2—Standards of Response Cover Analysis page 15 ., While this occurs, the older housing stock will not only likely present more fire starts than the typical newer suburban neighborhood, given the overcrowding, and higher than average minor and elderly populations, present more of a rescue problem for firefighters. Observation: Given the age of the City's housing stock and a large quantity of rental units where occupant turnover is more frequent, the Fire Department has to continue to provide a variety of and a high level of fire prevention and public education programs. National City residents have to understand that prevention starts with them and that the City will never be able to fund a high level of firefighting resources to mitigate problems that could have been prevented to begin with. The significance of the above information is that the City must be staffed, equipped and trained to deal with (at least through the first alarm level prior to automatic or mutual aid) most any type of emergency faced by a United States fire department. True, the City does not have an international airport, an oil refinery, or a major rail terminal, but that is about all the Fire Department does not experience in its calls for service. Building Fire Loss History for the Prior Three Years # of Building Fires in 3-yrs = 51 Amount of Dollar Loss 2005/06 $1,419,550 2006/07 $160,775 2007/08 $354,620 These fire loss figures are subjective fire personnel estimates, not final insurance industry payments. By comparison, even if the above fire loss figures were doubled due to final insurance payments, this level of fire loss, as a percentage of assessed valuation, is modest. Most recent building fires have started small and allowed the available on -duty force to catch them. The reasons for this can range from the impact of automatic fire sprinklers to the fire being still small upon being reported, to the fire having occurred close to a fire station, being in a newer building, and most importantly, the fire being attacked with a prompt and effectively sized response force. In order to understand the importance of response time in achieving satisfactory outcomes, the deployment of resources must be based upon assessment of the values at risk. There are actually many different types of values at risk depending upon the nature of the emergency. At a very basic level, a fire in a structure is among the most frequent events with a measurable outcome. A single -patient medical emergency is a different event, and while it is the most frequent, it is normally not as threatening to life and property as the structure fire since the structure fire can spread from building to building and eventually become a conflagration. Citygate reviewed the City's response performance information, its operational plans, community zoning, interviewed Fire Department members and drove through some of the community. As is expected in a California community, much of the City consists of low- and medium -density residential housing. There are some pockets of higher density residential housing and newer commercial development. Retail/commercial/industrial development zones, of course, compliment housing areas. The fire incident reporting system indicates a wide variety of events that can result in a call for service, but it is a reported fire in a building that is the essence of a fire department's deployment Section 2—Standards of Response Cover Analysis page 16 plan. This same reporting system is often the only statistically significant evidence of the frequency and consequence regarding the values at risk in any community. 2.3.1 Building Fire Risk In addition to the building and community demographics cited above, in a Standards of Response Coverage study, building fire risk can best be understood by looking at types of zoning and the quantity of different zoning types in a community. In Map #2 in the mapping appendix to this study (see Volume 2), are displayed the locations of the commercial buildings that the Insurance Service Office (ISO) has sent an evaluation engineer into for underwriting purposes. One of the measures the ISO collects is called fire flow, or the amount of water that would need to be applied if the building were seriously involved in fire. The measure of fire flow is expressed in gallons per minute (gpm). In the City, the ISO has data on 167 commercial buildings. Of these, 56 buildings have required fire flows of 2,000 gpm or higher. There are a total of 13 buildings with fire flows in excess of 3,500 gpm. This is a significant amount of firefighting water to deploy, and a major fire at any one of these buildings would outstrip the on - duty City fire staffing. Using the generally accepted figure of fifty gallons per minute per firefighter on large building fires, a fire in a building requiring 2,000 gallons per minute would require 40 firefighters, or four times the on -duty staffing of ten (10) firefighters in the City. An effective response force is the deployment of multiple units (pumpers, ladder trucks and incident commander) so they can arrive close enough together to combat serious building fires and keep them to less than greater alarm size. This refers back to the earlier points in this report on speed and weight of attack. The massing of units in a timely manner (weight) must be such that serious fires do not typically become larger. Since City zoning has placed these buildings throughout the City, this places additional pressure to have a multiple -unit effective response force of pumpers, and, also importantly, ladder trucks throughout the more built-up areas of the City. 2.3.2 Special Hazard Risks The City has some businesses that use or resell hazardous materials. Examples are gasoline stations and dry cleaners. These businesses are highly regulated by the building, fire and environmental codes. The County of San Diego handles the code enforcement of advanced hazardous materials state regulations along with the City fire prevention inspectors under the fire code. The City participates in a countywide shared, regional fire department Hazardous Materials Response Team for serious incidents. 2.3.3 Wildland Fire Risk The City has pockets of grass, brush and trees in between developed areas and in the eastern parts of the City in the hills. Because of the climate, the threat of wildfire in the City ranges from moderate to high. The City is painfully aware of this risk, given the greater San Diego community losses during the 2007 firestorm event. To combat this risk, the City works closely with its mutual aid partner fire departments while training and equipping the firefighters for wildland firefighting in San Diego County conditions. Section 2—Standards of Response Cover Analysis page 17 e, 2.3.4 Desired Outcomes Once policy makers choose outcomes, then the response system can be designed with staffing and station locations to accomplish the desired outcomes. An outcome example is, "confine a residential fire to the room of origin." That outcome requires a more aggressive response time and staffing plan than "confine the fire to the building of origin, to keep it from spreading to adjoining structures." Given the City's current response time goals and its Class 3 fire insurance classification rating, the City has, in effect, adopted a structure fire goal of deploying a significant force to building fires to contain the fire near the room, or compartment, of origin, if the fire is small to modest when first reported. By achieving the emergency medical system performance standard of an 8- minute travel time for ambulances, EMS patients will receive quality paramedic care and transfer to the appropriate hospital. 2.4 STAFFING — WHAT MUST BE DONE OVER WHAT TIMEFRAME TO ACHIEVE THE STATED OUTCOME EXPECTATION? The next step in the Standards of Response Cover process is to take the risk information above and review what the firefighting staffing is, and what it is capable of, over what timeframe. Fires and complex medical emergencies require a timely, coordinated effort in order to stop the escalation of the emergency. Once the tasks and time to accomplish them to deliver a desired outcome are set, travel time and thus station spacing can be calculated to deliver the requisite number of firefighters over an appropriate timeframe. 2.4.1 Offensive vs. Defensive Strategies in Structure Fires Based on Risk Presented Most fire departments use a strategy that places emphasis upon the distinction between offensive or defensive methods. These strategies can be summarized: It is important to have an understanding of the duties and tasks required at a structural fire to meet the strategic goals and tactical objectives of the fire department response. Firefighting operations fall in one of two strategies offensive or defensive. We may risk our lives a lot to protect savable lives. We may risk our lives a little to protect savable property. We will not risk our lives at all to save what is already lost. Considering the level of risk, the Incident Commander will choose the proper strategy to be used at the fire scene. The Incident Commander must take into consideration the available resources (including firefighters) when determining the appropriate strategy to address any incident. The strategy can also change with conditions or because certain benchmarks are achieved or not achieved. For example, an important benchmark is "all clear," which means that all persons who can be saved have been removed from danger or placed in a safe refuge area. Section 2—Standards of Response Cover Analysis page 18 Once it has been determined that the structure is safe to enter, an offensive fire attack is centered on life safety. When it is safe to do so, departments will initiate offensive operations at the scene of a structure fire. Initial attack efforts will be directed at supporting a primary search — the first attack line will go between the victims and the fire to protect avenues of rescue and escape. The decision to operate in a defensive strategy indicates that the offensive attack strategy, or the potential for one, has been abandoned for reasons of personnel safety, and the involved structure has been conceded as lost (the Incident Commander makes a conscious decision to write the structure off). The announcement of a change to a defensive strategy means all personnel will withdraw from the structure and maintain a safe distance from the building. Officers will account for their crews. Interior lines will be withdrawn and repositioned. Exposed properties will be identified and protected. For safety, Federal and State Occupational Health and Safety Regulations (OSHA) mandate that firefighters cannot enter a burning structure past the incipient or small fire stage, without doing so in teams of 2, one team inside and one team outside, ready to rescue them. This totals a minimum of 4 firefighters on the fireground to initiate an interior attack. The only exception is when there is a known life inside to be rescued. This reason, along with the fact that a 4-person company can perform more tasks simultaneously than a three -person company, is why NFPA Deployment Standard 1710 for career fire departments recommends four -person company staffing on engines (pumpers) as well as on ladder trucks. Many fire department deployment studies using the Standards of Response Coverage process, as well as NFPA guidelines, arrive at the same fact — that an average (typically defined by the NFPA as a modest single-family dwelling) risk structure fire needs a minimum of 14 to 15 firefighters, plus one on -scene incident commander. The NFPA 1710 recommendation is that the first unit should arrive on -scene within 6 minutes of call receipt (1-minute dispatch, 1-minute company turnout, and 4-minute travel), 90 percent of the time. The balance of the units should arrive within 10 minutes of call receipt (8-minute travel), 90 percent of the time, if they hope to keep the fire from substantially destroying the building. (The NFPA recommendation of 1- minute dispatch time is generally attainable; the 1-minute company turnout time is generally unattainable considering the time it takes fire fighters to don the required full personal protective equipment.) For an extreme example, to confine a fire to one room in a multi -story building requires many more firefighters than in a single -story family home in a suburban zone. The amount of staffing needed can be derived from the desired outcome and risk class. If the community desires to confine a one -room fire in a residence to the room or area of origin, that effort will require a minimum of 14 personnel plus incident commander. This number of firefighters is the minimum needed to safely conduct the simultaneous operational tasks of rescue, fire attack, and ventilation plus providing for firefighter accountability and incident command in a modest, one fire hose line house fire. A significant fire in a two-story residential building or a one-story commercial or multi -story building would require, at a minimum, an additional two to three engines and an additional truck and chief officer, for upwards of 12 plus additional personnel. As the required fire flow water gallonage increases, concurrently the required number of firefighters increases. Simultaneously, the travel distance for additional personnel increases creating an exponential impact on the fire problem. A typical auto accident requiring multiple -patient extrication or Section 2—Standards of Response Cover Analysis page 19 other specialty rescue incidents will require a minimum of 10 firefighters plus the chief for accountability and control. 2.4.2 Daily Unit Staffing in the City Below is the typical minimum daily unit staffing assignment in the City currently: Units and Staffing Daily Plan '— Imam Per Knit 2 Engines @ 3 Firefighters/day 6 1 Ladder Truck @ 4 Firefighters/day 4 Subtotal firefighters: 10 1 Battalion Chief @ 1 Per day for command 1 Total 24/hr Personnel: u 2.4.3 Staffing Discussion If the City provides fire services at all, safety of the public and firefighters must be the first consideration. Additionally, the chief officers, as on -scene incident commanders, must be well trained and competent, since they are liable for mistakes that violate the law. An under -staffed, poorly led token force will not only be unable to stop a fire, it also opens the City up for real liability should the Fire Department fail. As stated earlier in this section, national norms indicate that 14 or so firefighters, including an incident commander, are needed at significant building fires if the expected outcome is to contain the fire to the room of origin and to be able to simultaneously and safely perform all the critical tasks needed. The reason for this is that the clock is still running on the problem after arrival, and too few firefighters on -scene will mean the fire can still grow faster than the efforts to contain it. Chief officers also need to arrive at the scene in a timely manner in order to intervene and provide the necessary incident command leadership and critical decision making to the organization. To meet its goal of sending 3 engines and 1 ladder truck to serious building fires, the City has to argument its staffing by always sending the 4th unit from a mutual aid partner, typically San Diego or Chula Vista. However, these units are slightly delayed during the dispatch step as they are not dispatched from the same regional center that National City is. Given the modest occurrence of building fires in the City at approximately 13 per year, or about one per month, the City can typically field enough firefighters at a modest building fire, but when it does so, it does not have any remaining force for simultaneous calls, even medical ones. Mutual aid units and the regional ambulance provider would cover any such simultaneous calls. 2.4.4 Company Critical Task Time Measures In order to understand the time it takes to complete all the needed tasks on a moderate residential fire and a modest emergency medical rescue, the City staff provided information using their standard operating procedures to demonstrate how much time the entire operations take. The Section 2—Standards of Response Cover Analysis �;. page 20 ,-ra c<," following tables start with the time of fire dispatch notification and finish with the outcome achieved. There are several important themes contained in these tables: 1. These results were obtained under best conditions, in that the day was sunny and moderate in temperature. The structure fire response times are from actual events, showing how units arrive at staggered intervals. 2. It is noticeable how much time it takes after arrival or after the event is ordered by command to actually accomplish key tasks to arrive at the actual outcome. This is because it requires firefighters to carry out the ordered tasks. The fewer the firefighters, the longer some task completion times will be. Critical steps are highlighted in grey in the table. 3. The time for task completion is usually a function of how many personnel are simultaneously available so that firefighters can complete some tasks simultaneously. 4. Some tasks have to be assigned to a minimum of two firefighters to comply with safety regulations. An example is two firefighters would be required for searching a smoke filled room for a victim. The following tables of unit and individual duties are required at a first alarm fire scene at a typical single-family dwelling fire. This set of duties is taken from City operational procedures. This set of needed duties is entirely consistent with the usual and customary findings of other agencies using the Standards of Response Cover process and that found in NFPA 1710. No conditions existed to override the OSHA 2-in/2-out safety policy. Shown below are the critical tasks for the structure fire with two engines, one ladder truck, one battalion chief and, via mutual aid, one engine responding for a total of 16 personnel as two of the engines were staffed at 4 firefighters at the time of the drill. (table continued on following page) Critical Tasks — Structure Fires Structure Fire Incident Tasks Pre -arrival time of dispatch, tumout and travel to 90% of calls Time After Arrival lst Engine Total Reflex Time 7:45 Engine 34 on scene 0:30 Scene survey/Size up 0:45 Assume or pass command 0:55 21d unit arrival — T34 1:00 Assigned Truck duties — force entry/utilities 1:24 3rd unit on scene — E31 1:40 Water supply secured — E34 Engineer 2:00 9:45 Engine 31 assigned Interior Division 2:15 Force entry complete — T34 3:00 Section 2—Standards of Response Cover Analysis e21 Pa9 FiFr '�vn -ems^':;-n a7..c.. a�sys +v.-,^r �".,H ,;^c�� .3.-,.-:.a,^^s,.,....-:^,,z,.$Tt_ a(�"..mo.+.., Structure Fire Incident Tasks . - yP�. -_v..x 'Time After Arrival is` Engine 3:30 $• ,. q! i "! k Re1iex' Time, :,,. Battalion 57 on scene — assumes command E34 assigned RIC 3:30 11:15 Pre -connect 13/4 to door — E31 3:40 Utilities secure — Engineer T34 4:00 4th Unit on scene — E38 4:10 E38 assigned Search & Rescue 4:20 RIC in place — E34 5:10 Interior Div. — E31, accesses building 5:10 12:55 Request for ventilation assigned T34 5:20 Rescue Group — E38 enters bldg. primary search 5i40 1325 Water on Fire — interior E31 ka0 1415 Ventilation — horizontal by T34 8:10 All clear primary — E38 8:30 16:15 Fire knock down interior — E31 kia 1A Ladder to roof — T34 9:45 Secondary search all clear 11:10 Vertical ventilation complete 14:20 Fire extinguished ..i.=; Total Reflex Time 25:15 The above duties grouped together to form an effective response force or first alarm assignment. Remember that the above discrete tasks must be performed simultaneously and effectively to achieve the desired outcome. Just arriving on -scene does not stop the escalation of the emergency. Firefighters accomplishing the above tasks do, but as they are being performed, the clock is still running, and has been since the emergency first started. Fire spread in a structure can double in size during its free burn period. Many studies have shown that a small fire can spread to engulf the entire room in less than 4 to 5 minutes after open burning has started. Once the room is completely superheated and involved in fire (known as flashover) then the fire will spread quickly throughout the structure and into the attic and walls. For this reason, it is imperative that fire attack and search commence before the flashover point occurs, if the outcome goal is to keep the fire damage in or near the room of origin. In addition, flashover presents a serious danger to both firefighters and any occupants of the building. For comparison purposes, the critical task table below reviews the tasks needed on a typical auto accident rescue. The situation modeled was a two -car collision with a single entrapped occupant in each. Two engines, a ladder truck and battalion chief responded with a total of twelve (12) personnel. Section 2—Standards of Response Cover Analysis page 22 ;; _ �" Critical Tasks — Auto Incident — 2 Vehicle, 2 Patients — Air Transport Vehicle Extrication Critical Tasks _ Total response time Time After Arrival1g' Engine Total , Reflex Time 7:45 Engine 34 on scene 0:00 Scene survey/Size up 0:35 Assume or pass command 0:40 T34 on scene 0:55 B57 on scene — assuming command 1:10 Vehicle stabilization 1:50/2:00 Pt. Assessment Vehicle —1 IS ATA. . Pt. Assessment Vehicle — 2 , , `'I' Rescue tools ready at vehicle 3:30 Vehicle hazards secure (batteries) 4:00/8:00 Safety line — if needed 5:50 Command request Air Trauma Transport Wil '_ Request Engine 31 to land Air Transport 6:00 Pt. #1 loaded to board for Transport Air Transport on the ground 17:50 Pt. #2 extricated — loaded to board for Transport (#2 extrication — dash roll, top off, doors off) glei WO Pt. #2 at Helicopter ,„tc`:, Reflex Time + Task Completion Time = 30:20 + 7:45 Total Response Time The table above shows typical task times for good patient care outcomes. For a final demonstration of what it takes in number of personnel over time to accomplish a service delivery goal, the table below shows the steps necessary to care for the victim of a heart attack -full cardiac arrest in a home. In this situation, one engine with three (3) firefighters responded along with an AMR ambulance with two personnel for a total of five (5) emergency personnel on -scene: Section 2—Standards of Response Cover Analysis page 23 ;, fit ti:f Incident Tasks — Heart Attack -Full Cardiac Arrest Incident Tasks. Total response time Time After Arrival'ist Engine/ : Ambulance Total Reflex Time'. 7:45 Engine 34 on scene 0:00 Determine full arrest 0:15 Begin CPR at 8:4 Defibrillation (if required — up to 3 times) 2 25 1.0a0 IV/IO access 3:09 First round Epinephrine 340 11:266 Defibrillate (if needed 1 time) 4:30 Give Atropine, or Lidocaine 5:00 Defibrillate (if needed — 1 time) 6:35 Intubation E Give Lidocaine 8:15 Defibrillate (if needed —1 time) 8:42 Give Epinephrine 10:00 Pt. loaded to back board 14:22 Pt. loaded into ambulance for transport Reflex Time + Task Completion Time = 16:22 + 7:45 Total Response Time SW These patient care times and steps are consistent with San Diego County patient care protocols and would provide positive outcomes where medically possible. 2.4.5 Critical Task Measures Evaluation What does a deployment study derive from a response time and company task time analysis? The total completion times above to stop the escalation of the emergency have to be compared to outcomes. We know from nationally published fire service "time vs. temperature" tables that after about 4 to 5 minutes of free burning a room fire will grow to the point of flashover where the entire room is engulfed, the structure becomes threatened and human survival near or in the fire room becomes impossible. We know that brain death begins to occur within 4 to 6 minutes of the heart having stopped. Thus, the effective response force must arrive in time to stop these catastrophic events from occurring. The response and task completion times discussed above show that the residents of the City are able to expect positive outcomes and have a better than not chance of survival in a modest fire or Section 2—Standards of Response Cover Analysis page 24 , x.Y medical emergency, when the first responding units are available in 7 minutes or less total response time. The point of the tables above is that mitigating an emergency event is a team effort once the units have arrived. This refers back to the "weight" of response analogy. If too few personnel arrive too slowly, then the emergency will get worse, not better. Control of the structure fire incident still took 17 minutes after the time of the first unit's arrival, or 25 minutes from fire dispatch notification. The outcome times, of course, will be longer, with less desirable results, if the arriving force is later or smaller. In National City the quantity of staffing and the time frame it arrives in, can be critical in a serious fire. As the risk assessment portion of this study identified, the City's housing stock is older, and increasingly over crowded with the very young and the elderly. Fires in these buildings could well require the initial firefighters needing to rescue trapped, or immobile occupants. If a lightly staffed force arrives they cannot simultaneously conduct rescue and firefighting operations. In EMS trauma incidents, the patient is initially being assessed within 10 minutes total reflex time and is able to be transported within 19 minutes. These times are good for trauma patients, when all the needed units can arrive by minute 7, which is not always possible at the outer perimeter areas of the City, or when multiple calls for service occur. However, each of these incidents, while only being moderate in size, required 5 to 16 personnel. If 11 City personnel are committed to a building fire, this is /00 percent of the entire on -duty force for a single modest structure fire. Response needs greater than this always will require mutual aid assistance from adjoining departments. Fires and complex medical incidents require that the other needed units arrive in time to complete an effective intervention. Time is one factor that comes from proper station placement. Good performance also comes from adequate staffing. On the fire and rescue time measures above, the City can do a good job, in terms of time, on one moderate building fires or two routine medical calls. This is typical of departments that staff 3-person companies for average, routine emergencies. However, major fires and medical emergencies where the closest unit is not available to respond will challenge the City response system to deliver good outcomes. This factor must be taken into account when we look at fire station locations. Previous critical task studies conducted by Citygate, the Standard of Response Cover documents reviewed from accredited fire departments, and NFPA recommendations all arrive at the need for 14+ firefighters arriving within 11 minutes (from the time of call) at a room and contents structure fire to be able to simultaneously and effectively perform the tasks of rescue, fire attack and ventilation. If fewer firefighters arrive, what from the list of tasks mentioned would not be done? Most likely, the search team will be delayed, as will ventilation. The attack lines only have two firefighters, which does not allow for rapid movement above the first floor deployment. Rescue is done with only two -person teams; thus, when rescue is essential, other tasks are not done in a simultaneous, timely manner. Remember what this report stated in the beginning: effective deployment is about the speed (travel time) and the weight (firefighters) of the attack. Yes, 11 initial firefighters (2 engines, 1 ladder truck, and 1 chief) can handle a low risk house fire (especially on the first floor). An effective response force of even 16 will be seriously Section 2—Standards of Response Cover Analysis ..n a e25 , P 9 iiff��aSuSi� 3 .: • ':: FN;tui7i::ll.Smo - '�e.VE,.t-a:.I6+3iti _�=.:.z: iiA':::. slowed if the fire is above the first floor in a low-rise apartment building or commercial / industrial building. Finding #2: The age of the City's housing stock and the increasing numbers of younger and older populations means that there is a greater chance of more serious fires where rescues will be necessary, and if so, the current quantity of in -city firefighter staffing will be quickly overwhelmed with too many critical tasks to accomplish. When the on -duty staffing is stretched thin, the City can bring in automatic or mutual aid equipment, but from a distance and under the assumption that the aiding department is not already busy. Given that some of the current built-up areas of the City seem to have the minimum number of firefighters for an initial attack on a building fire, does the mapping and analysis of prior response times show the City is meeting desired policy goals or reasonably modified ones, and can the system provide the same level of service equitably to all neighborhoods? 2.5 CURRENT STATION LOCATION CONFIGURATIONS The City is served today by two fire stations. As part of this fire services study, it is appropriate to understand what the existing stations do and do not cover, if there are any coverage gaps needing one or more stations, and what, if anything, to do about them as the City continues to evolve. In brief, there are two geographic perspectives to fire station deployment: • Distribution — the spreading out or spacing of first -due fire units to stop routine emergencies. • Concentration — the clustering of fire stations close enough together so that building fires can receive enough resources from multiple fire stations quickly enough. This is known as the Effective Response Force or commonly the "First Alarm assignment" — the collection of a sufficient number of firefighters on - scene, delivered within the concentration time goal to stop the escalation of the problem. To analyze first -due and first alarm fire unit travel time coverage for this study, Citygate used a geographic mapping tool called FireView that can measure travel distance over the street network. Citygate ran several deployment map studies and measured their impact on various parts of the community. The maps (found in Volume 2 of this study) display travel time using prior City incident data to adjust the normal posted speed limits per type of street to those more reflective of slower fire truck travel times. Since the City does not currently have a City Council adopted travel time measure, the initial map measures in this study are 4 minutes travel time for first -due units for good suburban outcomes as suggested by NFPA 1710. For a first alarm, multiple -unit coverage, the "concentration" of units measure in this mapping study is based on an 8-minute travel time as suggested in NFPA 1710. When one minute is added for dispatch reflex time and two minutes for company notification times, the maps then effectively show the area covered within 7 Section 2—Standards of Response Cover Analysis page 26 minutes for first -due units and 11 minutes for a first alarm assignment from the time the 911-call is made. An additional measure used was the Insurance Service Office 1.5-mile recommendation for first - due fire companies and 2.5-mile service for second -due companies and ladder trucks. 1.5 miles driving distance equates to 3.5 to 4 minutes travel time over the road network. The map set in this study also shows coverage from the closest, nearby automatic aid fire stations, in San Diego and Chula Vista. The first goal is to determine if the City can substantially cover itself with its fire stations in appropriate response times. If so, then the automatic aid coverage is useful for back-up unit response when City units are on other incidents. Two primary map scales are used in this study — the first is a wide area view showing the entire City and its partner communities. The smaller scale view is just the City area so that more coverage detail can be shown from the fire stations in the developed areas. - l xi,tj,u, Fire Station Locations, Regional l'iew and City Zoning This first map shows the City and its current fire stations along with some of the area's fire stations that are part of the regional closest unit response system. This map view, then, is important to remember as later maps in the set display the fire station coverage areas. Also displayed are the City's zoning types, which are used to understand where the concentration (massing) of fire crew coverage is needed for the larger types of buildings that can have more serious fires. ttap / 2 — Rig. Assessment Displayed here are the locations of the higher fire flow buildings as calculated by the Insurance service Office (ISO). Most of these buildings are along the major road corridors due to zoning. These are the buildings that must receive a timely effective first alarm force to serious fires. Map #_3a -- First -Duct t.nit Distribution - Existing City Stations This map shows in green colored street segments the distribution or first -due response time for each current National City station per a desirable suburban response goal of 4 minutes travel time. Thus, the computer shows how far each company can reach within 7 minutes fire department total response time from the time of the fire communications center receiving the call. Therefore, the limit of color per station area is the time an engine could reach the 4-minute travel time limit, assuming they are in -station and encounter no unusual traffic delays. In addition, the computer uses speed limits per roadway type that are slowed by actual fire unit travel times. Thus, the projection is a very close modeling of the real world. As can be seen in this measure, due to the mostly grid type road network, much of the City is within 4 minutes travel time of a fire station. The exceptions are the southwest wharf and marina areas, along with the residential and institutional areas in the northeast City. A goal for the City could be to cover 90 percent of the geography containing higher population densities with a first -due unit coverage plan based on a goal measure statement to deliver acceptable outcomes. This would only leave the very hard -to -serve outer edge areas with longer coverage times, and depending on the emergency, with less effective outcomes. Section 2—Standards of Response Cover Analysis page 27 There should he some overlap between station areas so that a second -due unit can have a chance of an adequate response time when it covers a call for another station. The outer perimeter areas are hard to serve, and in many cases, cost -prohibitive to serve for a small number of calls for service. The message to be taken from this map is that it would be very challenging for the City to improve travel time coverage without adjusting and adding fire stations. The marina area is a lower risk and population area and as such, increasing fire station coverage in this area is not as necessary. However, the northeast areas are much more densely populated and therefore carry more risk of serious fires. Du: 1 'uit Distribution - Existing City and .ifutcua! ..lid Station:, Given the findings in Map #3a, this map expands the areas covered within 4 minutes travel to include all the neighboring community fire stations in San Diego and Chula Vista. In the wharf and marina areas, the Chula Vista station is too far south to significantly expand coverage into this area. However, in the northeast areas of the City, there is almost 100 percent coverage at 4 minutes travel including the San Diego stations. Use of the San Diego stations, while beneficial, has its drawbacks. First, the San Diego units are dispatched by a fire communications center different than National City's. This means that a 911 caller first goes to National City Police, is then transferred to the East County "Heartland" fire dispatch center, and IF mutual aid fire units are needed, the request is made to San Diego. In the best of circumstances, these steps could delay a San Diego unit being dispatched from 1-3 minutes. The same is true for Chula Vista units, which have recently switched being dispatched from Heartland to San Diego. Additionally, the closest San Diego fire unit is one of the busiest in the City and may not always be immediately available to National City calls for service. 1utj; t;`.)u - ISO Engine Coverage Areas - Existing City Stations This map exhibit displays the Insurance Service Office (ISO) requirement that stations cover a 1.5-mile distance response area. Depending on the road network in a department, the 1.5-mile measure usually equates to a 3- to 4-minute travel time. However, a 1.5-mile measure is a reasonable indicator of station spacing and overlap. As with the 4-minute drive time map, much of the populated core of the City is served within a 1.5-mile distance from the existing two fire stations. As the 4-minute map projected, the wharf and northeast areas are not covered within 1.5 miles of one of two fire stations. i/rt i 1 I ISft f:ngitre Coverage , lrea.s Existing City and Mutual /lid Stations Displayed here is the additional 1.5-mile travel distance coverage from the San Diego and Chula Vista stations. This map does differ from the 4-minute mutual aid map in that the San Diego unit cannot get to all of northeast National City. Given that the 4-minute travel time model is a best case estimate and the 1.5-mile distance model is very conservative, the actual performance is in between the two measures. However, it is apparent that the San Diego unit is at the end of its travel distance and that this outer edge of National City is hard to serve from any one fire station. Section 2—Standards of Response Cover Analysis ISIONIMENDMIGN page 28 flap 4 t'n:1( ,atrutinn (First./Var•ru) City u/ aiutrruf Aid Stations This map exhibit shows the concentration or massing of fire companies for serious fire or rescue calls. Building fires, in particular, require 14+ firefighters arriving within a reasonable time frame to work together and effectively to stop the escalation of the emergency. Otherwise, if too few firefighters arrive, or arrive too late in the fire's progress, the result is a greater alarm fire, which is more dangerous to the public and the firefighters. The concentration map exhibits look at the Department's ability to deploy two of its engines, one ladder truck, one battalion chief and one mutual aid engine to building fires within 8 minutes travel time (11 minutes total fire department response time from the 911-call receipt). This measure ensures that a minimum of 10 National City firefighters and one battalion chief deployed can arrive at the incident to work simultaneously and effectively to stop the spread of a modest fire. The number of firefighters can increase to 14 with the addition of a 4-person unit from San Diego. The green color in the map shows the area where the City's current fire deployment system should deliver the initial effective response force. Streets without the green highlights do not have three engines, one ladder truck and the Battalion Chief in 8 minutes travel time. As can be seen, due to the spacing of the City and mutual aid fire stations, an effective response force can be gathered in 100 percent of the City. While this is effective coverage, it is built upon receiving aid from San Diego or Chula Vista over a longer response time. The next four maps will "take apart" this map to separately show the engine company, ambulance and battalion chief coverage areas. Map tali Engine Concentration (Firct,llurtn) Map #5 showed the concentration coverage for all of the first alarm units. This map displays the density of coverage for engines. Here, even 6 engine coverage at 8 minutes travel is possible in the entire City if the mutual aid stations are available to respond. Nap #" — Ladder Truck Coverage This map displays the 8-minute travel time coverage for the ladder trucks from all three cities. It shows that the ladder unit coverage depth in 8 minutes is up to four (4) Citywide, which is very good, assuming all the mutual aid units are available to respond. Nry� Pr& — Battalion chie/1 Co► eragc The battalion chief performs on -scene incident command to ensure efficient and safe operation on the fireground. Timely arrival of this leadership is essential to coordinate the activities of 10 or more firefighters. Map #8 shows the 8-minute travel time coverage for the battalion chief. The chief coverage is excellent Citywide between the use of the National City chief and the mutual aid chiefs. ttup #9 - .111 Incident Locations This is an overlay of the exact location for all fire department incident types for three years from April 2005 through March 2008. It is apparent that there is a need for fire department services in all of the station areas of the City. It also should be noted that call for service volumes are higher Section 2—Standards of Response Cover Analysis OHM page 29 (1, where the population densities and human activity are the highest. This is normal, as people drive calls for service more than do open space areas. _ t�� � <rrr irla�=°ii Lrlt itintr_b This map further breaks out only the emergency medical and rescue call locations. Again, with the majority of the calls for service being emergency medical, almost all streets need fire department services. - I ` I. ire 1:ctic 1,ocutioir c This map identifies the location of all fires in the City. All fires include any type of fire call from auto to dumpster to building. There are obviously fewer fires than medical or rescue calls. Even given this, while it is evident that all first -due station areas experience fires, Station 34's area, with the greatest population density, has the most fires. lfr 1t f.. - Structure I ire Location This map is similar to the previous map, but only displays structure fires for three years. While the structure fire count is a smaller subset of the total fire count, there are two meaningful findings to this map. There are still structure fires in every first -due fire company city. The location of many of the building fires parallels the higher risk and older building type commercial areas in the more built-up areas of the City. Fires in the more complicated building types must be controlled quickly or the losses will be very large. ilrtlt 413 - ,411 Incident Locution Not Spots This map set examines, by mathematical density, where clusters of incident activity occurred. In this set, all incidents are plotted by high -density workload. For each density measure, the darker the color, the greater the quantity of incidents in a small area. This type of map makes the location of frequent workload more meaningful than just mapping the dots of all locations as done in Map #9. Why is this perspective important? Overlap of units and ensuring the delivery of a good concentration for the effective response force. When we compare this type of map with the concentration map, we want the best concentration of unit coverage (first alarm) to be where the greatest density of calls for service occurs. For the City, this mostly occurs in Station 34's area, which also receives timely back-up support from both San Diego and Chula Vista stations via the automatic aid agreement. clap #1-1— I:11S Incident Location Densities This map set is similar to Map #13, but only the medical and rescue hot spots of activity are plotted. The clusters of activity look very similar to the all -incident set in Map #13 because medical calls are such a large part of the total. 11rip ;t1.: .111 Firm Locution Dettaities This map sets shows the hot spot activity for all fires. Again, the call -for -service density is highest in Station 34's area. Section 2—Standards of Response Cover Analysis page 30 ;:6r, ,m:,,..:r. 4•lap #16 Structure t`ire Densities This map only shows the structure fire workload by density. Here, the activity clusters are spread across more areas of the City, due to the actual low quantity of structure fires. 2.5.1 Possible Re -Deployment Scenarios As these baseline coverage maps were understood, Citygate worked with the City staff to identify and test the impacts of possible re -deployment scenarios. The next series of maps will explain the best -fit choices identified. Tlapt ft/7 Oka- ojArlding u 3rj City Station Primary Coverage City staff identified a possible parcel in the northeast City area. This map displays how effective a station would be at this location. At 4 minutes travel, it would cover not only the northeast City completely, it would provide great second -due unit back-up to the busier central and east side areas. Map #18 — l f feet of Adding a 3"1 City Station — Overlap Coverage This map is similar to the previous map, but also shows the overlapping coverage combined form the two existing City stations. Mup #19 Lffect of Adding a 3" City Station - Cnncentrutiorr of Statim ,.s When compared to Map #5, this map shows how adding a 3`d station would increase multiple - unit coverage from 6 to 7 stations in the entire City. This allows for less dependence onmutual aid stations and, at 7 stations being within 8 minutes travel time (if available), then the City is almost complete covered with two alarms worth of stations in the time span of a first alarm. 2.6 MAPPING MEASURES EVALUATION Based on the above mapping evaluation, Citygate offers the following findings: Finding #3: Given the travel distance difficulties in the northeast area of National City, coverage by a first -due unit within the desirable time of 4 minutes travel and 7 minutes from the time of 911 call is problematic. While a San Diego unit can make the 4-minute drive time, it is not always available, and due to multiple dispatch centers, it cannot make all of the needed National City areas within 7 minutes of the 911 call being processed. Finding #4: If an additional fire company location could be funded, effective first -due unit coverage can be obtained from three (3) fire station sites, at 4 minutes travel time. This means that National City would add a 3`d fire station in the hard -to -serve northeast area. Section 2—Standards of Response Cover Analysis page 31 : -gin m r„ tr atd- Finding #5: Due to mutual aid, the multiple -unit first alarm coverage is good throughout National City at 8 minutes travel. However, this also depends on successful, timely, mutual aid. After the historical response statistics are analyzed in the next section of this report, then an integrated set of deployment recommendations will be made. lJii'fididt WoF.iit.OAD STAT:STICS SUMMARY In this section of the Standards of Response Cover process, prior response statistics are used to determine what percent of compliance the existing system delivers. In other words, if the geographic map measures say the system will respond with a given travel time, does it actually deliver up to expectations? A detailed analysis of in-depth statistics is provided in Volume 3 of this report. What follows is a summary of those comprehensive measures and findings. The sections of this report that concentrated on distribution and concentration used geographic mapping tools to estimate travel time over the street network. Thus, the maps show what should occur from the station placements. However, in the real world, traffic, weather, and units being out of quarters on other business such as training or fire prevention duties affect response times. Further, if a station area has simultaneous calls for service, referred to as "call -stacking," the cover engine must travel much farther. Thus, a complete Standards of Response Coverage study looks at the actual response time performance of the system from incident records. Only when combined with map measures can the system fully be understood and configured. As a review of actual performance occurs, there are two perspectives to keep in mind. First, NFPA 1710 only requires that a department -wide performance measure of 90 percent of the historical incidents (not geography) be maintained. This allows the possibility that a few stations with great response time performance can "mask" the performance of stations with poorer travel times. In the Standards of Response Coverage approach, it is recommended that the performance of each station area also be determined to ensure equity of coverage. However, even this approach is not perfect — a station area may well have less than 90 percent performance, but serve lower - risk open space areas with limited buildings thereby not having an economic justification for better performance. In addition, the study must discuss just what is measured within the under- performing statistic. For example, a station area with a first -due performance of 88 percent with only 50 calls in the 88`h to 90`h percentile is far different from an area with 500 calls for service in that 88th to 90th percentile. All measures then must be understood in the complete context of geography, risk, and actual numbers of calls for service that exceed the community's performance measure. The Department's response time performance must be compared to outcomes such as fire loss or medical cases and be contrasted to the community's outcome expectations. A community could be well deployed and have poor outcomes, or the reverse. A balanced system will avoid such extremes and strive for equity of service within each category of risk. Section 2—Standards of Response Cover Analysis page 32 Fire departments are required to report response statistics in a format published by the U.S. Fire Administration called the National Fire Incident Reporting System (NFIRS). The private sector develops software to do this reporting to state and federal specifications. Data sets for this section of the study were extracted from the Heartland regional fire dispatch system and the Department's fire incident records management system (RMS). Total response time in this study is measured from the time of receiving the call at the regional fire dispatch center to the unit being on -scene. Given unconnected data systems, it is not possible to measure the time taken in the National City Police 911 center to answer the call and transfer fire and EMS calls to the Heartland regional fire dispatch center. For suburban and urban population density areas, NFPA 1710 recommends a 4-minute fire unit travel time, which when a more realistic 2 minutes is added for turnout time and 1 minute for dispatch processing aggregates to a 7-minute total reflex (customer) measure. For multiple -unit calls, the outer NFPA 1710 recommended measurement is 8 travel minutes, plus two for turnout and one minute for dispatch, which is an 11-minute total reflex measure. Data sets were "cleaned" to eliminate records without enough time stamps or records with impossible times; such as a 23-hour response. The data sets were modeled in a new fire service analysis tool called NFIRS 5 Alive. For this statistics review, we are modeling the Department's prior performance and comparing the data results to the "ideal" per NFPA 1710 for fire service deployment, since the existing City measures are not specific or adopted yet by the City Council. Additionally, the National City Fire Department measure does not begin with the time of fire dispatch receiving the call, or include what outcome is desired, all of which are considered a best practice by the Center for Public Safety Excellence (formerly the Commission on Fire Accreditation). Later, this study will integrate all the SOC study elements to propose refined deployment measures that best meet the risk and expectations found in the City. The National City Fire Department has furnished NFIRS 5 data for 14,880 incidents dated for the 36-month period from 4/01/2005 through 3/31/2008. The Department did not use NFIRS 5's Apparatus module during this timeframe. 19,545 apparatus responses for the same date range were obtained from CAD data. CAD data was successfully merged using Excel formulas to convert measured durations into event timestamps Over 36 months the National City Fire Department responded to an average of 13.59 incidents per day. 2.66 percent of incident responses were to fire, 81.76 percent to EMS, and 15.58 percent to other types of incidents. 2.7.1 Incident Types The top incident types break down as follows: (list continued on following page) NFIRS Code # & Description 321 EMS call, excluding vehicle accident with injury 322 Vehicle accident with injuries 311 Medical assist, assist EMS crew 611 Dispatched & canceled en route 700 False alarm or false call, other Section 2—Standards of Response Cover Analysis Count 9,718 1,260 829 656 413 33 " Page :c�.�u1 !nr:(1m(t ih NFIRS Code # & Description 300 Rescue, emergency medical call (EMS) call, other 600 Good intent call, other 651 Smoke scare, odor of smoke 323 Motor vehicle/pedestrian accident (MV Ped) 118 Trash or rubbish fire, contained 500 Service Ca11, other 131 Passenger vehicle fire 511 Lock -out 730 System malfunction, other 554 Assist invalid 1 1 1 Building fire Count 247 232 132 88 79 62 61 59 59 53 51 The top property types receiving service were: NFIRS Code # & Description Count 419 1 or 2 family dwelling 3,742 429 Multifamily dwellings 2,508 961 Highway or divided highway 1,115 400 Residential, other 868 960 Street, other 833 965 Vehicle parking area 709 311 24-hour care Nursing homes, 4 or more persons 705 963 Street or road in commercial area 640 962 Residential street, road or residential driveway 621 519 Food and beverage sales, grocery store 299 500 Mercantile, business, other 276 340 Clinics, Doctors offices, hemodialysis centers 222 449 Hotel/motel, commercial 164 439 Boarding/rooming house, residential hotels 159 Section 2—Standards of Response Cover Analysis page 34 The following graph illustrates trends by incident type. Notice fires increased from 110 to 139 to 148. EMS incidents dipped slightly in FY 06/07, but have risen in FY 07/08. 4200 4000 3300 3600 3400 3200 3000 2800 2600 2400 2200 a 2000 1800 1600 1400 1200 1000 B00 600 400 200 0 FY 05106 Number of Incidents by Year by Incident Type FY 06/07 FY 07108 ■ Fires ® EMS ❑ Other This graph compares incident activity by hour of day by year. Notice while incident activity closely tracks for the years there was a slight increase in activity in FY 07/08 from 14:00 — 17:00. 320 300 280 260 240 220 200 180 • 160 1 • 140 120 100 80 60 40 20 0 Number of incidents by Hour of Day by Year 'II.•....• P-. � \a, u u, • . 1. • h_ ■ ■ jf1 • o- `a. ef; ill { • Y Q \ ®if 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Hour of Day Section 2—Standards of Response Cover Analysis ▪ FY 07108 • FY 08107 ❑ FY 05/06 page 35 c;•t:rjt m°:%0311 ut The number of incidents was highest for both stations in FY 07/08 (red) dropping slightly in each of the preceding years. 3200 3000 2E00 21300 2400 22:0 2000 10000 1600 14':0 1200 1000 800 30 400 200 0 Number of Incidents by Station by Year 31 Station 34 ® FY07/08 El FY 06;07 ❑ FY 05!O6 2.7.2 City Response Times While many fire departments track average response time, it is not highly regarded as a performance measurement. One of the most commonly used criteria to measure response effectiveness is fractile analysis of response time. A fractile analysis splits responses into time segments and provides a count and percentage for each progressive time segment. Here is a fractile response time breakdown for National City station responses for the 36-month study period. To focus these calculations on National City deployment aid given incidents were not included in this calculation. Incidents outside of National City station areas and those exceeding 20 minutes response time were also eliminated. These measures are from the time the fire dispatch center 1st Apparatus On Scene <= 04:00 22.8% 1st Apparatus On Scene <= 05:00 47.3% 1st Apparatus On Scene <= 06:00 70.1 % — Current City Goal 1st Apparatus On Scene <=07:00 84.3% — Recommended Citygate Goal 1st Apparatus On Scene <= 07:45 89.5% — Actual 90% Compliance Point If the above incidents are reduced to fire and EMS incidents, the following fractile results: 1st Apparatus On Scene <= 04:00 21.3% 1st Apparatus On Scene <= 05:00 47.6% 1st Apparatus On Scene <= 06:00 71.3% — Current City Goal 1st Apparatus On Scene <= 07:00 85.6% — Recommended Citygate Goal 1st Apparatus On Scene <= 07:45 90.6% — Actual 90% Compliance Point Section 2—Standards of Response Cover Analysis page 36 Here is a breakdown of the above incidents when incidents are narrowed down to structure fires: 1st Apparatus On Scene <= 00:04:00 11.6% 1st Apparatus On Scene <= 00:05:00 32.6% 1st Apparatus On Scene <= 00:06:00 60.5% — Current City Goal 1st Apparatus On Scene <= 00:07:00 90.7% — Actual 90% Compliance Point & Citygate Recmd The following graphs display the above data measures. Compliance to goal rises using a 7- minute first apparatus on scene standard. Notice during the daytime that several hours meet a 90 percent compliance standard: 100 90 80 70 a 60 c 00 o_ 40 30 20 10 0 Hourly Compliance Percentage for 1st Apparatus On Scene at 7 Minutes by Year 0 a A r ■ 11- 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Hour of Day II FY 07108 ® FY 06f07 ❑ FY 05106 Section 2—Standards of Response Cover Analysis page 37 ;nr8 m !?r. 0 The graph below illustrates the number of incidents by response time minute by year. This pattern is fairly consistent in each year. Notice the increase in incidents in FY 07/08 appears to he in incidents with longer 5 and 6-minute 1St apparatus on scene times. Number of Inc dents 1200 1100 1000 900 800 70C 600 '00 400 300 200 100 0 Fractile for Incidents 1st Apparatus On Scene - 12,075 Responses by Year • 0 2 3 4 5 6 8 9 10 11 Minute 12 13 14 15 16 17 18 19 20 Its FY O7i0B ® FY 06107 ❑ FY 0S106 2.7.3 Response Time Component Measurements The next step is to evaluate all response time components by breaking down "Total Reflex Time" into its three component parts of: 1. Call -handling time — time of call until time of dispatch. Only dispatch records showing a call -handling time greater than 0 seconds and less than 3 minutes were used in this analysis. 2. Turnout time — time of dispatch until time unit is responding. Only dispatch records showing a turnout time greater than 0 seconds and less than 4 minutes were used in this analysis. 3. Travel time — time unit is responding until time the unit arrives on the scene. Only dispatch records showing a travel time greater than 0 seconds and less than 10 minutes were used in this analysis. Call -handling Time — the national recommendations are that 90 percent of the calls should be processed to dispatch within 1 minute, 90 percent of the time. Call Processing <= 01:00 83.7% — Desired Goal Point Call Processing <= 01:15 90.6% — Actual Performance Company Turnout Time — the time from company notification to donning protective clothing to getting underway. Turnout <= 01:00 10.4% — NFPA 1710 Recommended Goal Point Turnout <= 02:00 66.5% — Citygate Recommended Goal Point Turnout <= 02:45 90.1% — Actual Performance Section 2—Standards of Response Cover Analysis page 38 _�' a: Older national recommendations were for turnout time to take 1 minute. Over the last five years of increasing protective clothing regulations by OSHA and the NFPA, complete data studies have shown this to be a near impossible goal to safely accomplish. Citygate finds a more realistic goal is to complete the company notification and turnout process in 2 minutes or less, 90 percent of the time. Attention to this critical time element can help reduce the time. Travel Time — here are the Citywide travel time measures for the three years of data to fire and EMS incidents: Travel <= 04:00 81.8% — Desired Goal Point in NFPA 1710 Travel <= 05:00 90.7% — Actual Performance This travel time correlates to the map measures at 4 minutes of travel. The City is a little too large, with a non -grid street network in some areas, to cover in 4 minutes travel from only two staffed fire stations. 2.7.4 Simultaneous CaII Measurements Obviously, incidents that occur at the same time tax fire department resources more than those occurring when there is no other fire department response activity. Examining incident data for the 48-month period shows only 37.38 percent of incidents occurred when the Fire Department was already engaged in other response activity. Here is the breakdown by number of incidents: At least 2 Incidents occurring at the same time 17.65% At least 3 Incidents occurring at the same time 1.86% At least 4 Incidents occurring at the same time .10% The graph below illustrates the hourly distribution of 2 or more (17.65 percent) simultaneous incidents for the 36-month analysis period. This graph shows an increase in the number of simultaneous alarms in FY 07/08 during the early morning hours, the noon hour and 3:00pm. 90 85 80 75 70 65 60 55 " 50 45 40 35 30 25 20 15 10 0 Number of Simultaneous Incidents by Hour of Day by Year • P -e a la. r i� a it /® ■ • ■ b ,D •, 'o ■ Et e 00 01 02 03 04 05 05 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Hour of Day Section 2—Standards of Response Cover Analysis 111 FY 07/08 • FY 05,07 ❑ FY 05,136 page 39 rt:r;,�1y;¢ir s This amount of simultaneous incident activity is not a significant issue given the close -by mutual aid stations that National City can draw upon. However, National City Station 31 in the eastern City carries most of the simultaneous call for service rate and does not have close -by support from its east side. This is more problematic when combined with the under -covered northeast City area. IF that area had a 3`d fire station, it would be much closer than Station 34 downtown to cover a simultaneous call in the City east of I-805. Much of the workload is to cover calls for service downtown in Station 34's area. Even with a second company (the ladder truck) in Station 34, Station 31 runs 18 percent of their total calls in Station 34's area. Again, when this occurs, the eastern City has to rely on a mutual aid company for a "3`d" simultaneous call for service and these companies are farther away in the eastern City than along the I-5 corridor. 2.7.5 First Alarm Response Time Compliance Measuring the time it takes the first apparatus to arrive on the scene is very important. Equally important is the amount of time it takes a full, first alarm assignment to reach the scene of structure fires and emergencies requiring an organized multi -company response. In National City, a first alarm assignment has been defined as the response of three engines and one ladder truck ladder. The 3`d engine always has to come from another city via mutual aid. For this analysis, we will focus on the time it takes the three National City units to reach to scene. Here is the fractile breakdown for all incident types where 3 engines arrived on the scene. In order to exclude delayed requests for relief companies, only first alarm assignments arriving within 30 minutes were considered. In addition, all "Aid" responses to outside communities have been eliminated from this calculation. Note: The response from other communities' engine and ladder companies could not be included. NFPA 1710 recommends an 8-minute total travel time for all apparatus on the effective response force assignment (first alarm). If 1 minute is added for dispatch processing and 2 minutes for a realistic, safe turnout time, then the total response time for the first alarm becomes 11 minutes. In the City, for all types of first alarm responses over the two-year data set we found: 1st Alarm On Scene <= 10:00 79.0% — NFPA 1710 Desired Goal 1st Alarm On Scene <= 11:00 82.3% — Citygate Recommended Point 1st Alarm On Scene <= 12:15 90.3% — Actual Performance 411 Section 2—Standards of Response Cover Analysis page 40 This fractile graph illustrates first alarm arrival by minute: Humber of Incidents 14 13 12 11 10 9 8 7 6 4 3 2 1 0 Fractile for Incidents ist Alarm On Scene - 62 Responses •MIIIIIIIIMIIMINIIMUMINEMIIIM1111•111•11111 ------------ --------_-- ----------- ---I ..._.111------ _I------- ---I --- 0 2 3 4 5 6 7 8 9 10 11 Minute 12 13 14 15 16 17 18 19 20 For structure fires only in the same three-year data set we find: 1st Alarm On Scene <= 00:11:00 72.7% lst Alarm On Scene <= 00:14:15 90.9% The number of structure fires is very small, and some of them occurred in the outer areas of the City. However, it is apparent that the City is too large for the two fire stations to mass an effective response force citywide within suburban desirable outcomes. 2.7.6 Response Time Statistics Discussion Given the above summary of Citygate's response statistics analysis, the detailed data in the comprehensive statistics analysis, and the findings based on the geographic mapping section, we offer the following findings and recommendations: Finding #6: With a City fire/EMS incident first -due unit performance of 07:00 minutes/seconds at 84.3 percent, as the mapping analysis predicted, the City does not have enough primary neighborhood fire stations in the City to deliver suburban response times to all areas. This is also seen in the first alarm response time measures. Finding #7: The City has dispatch times close to meeting national best practices and these efforts need to continue. The City's overall turnout time measure is about 45 seconds slower than it could be. Section 2—Standards of Response Cover Analysis page 41 csr,m, Finding #8: Finding #9: Finding #10: The simultaneous emergency call for service rate of 18 percent for two incidents at once, while not a large problem, is a problem for the eastern City area. Even with a second company (the ladder truck) in Station 34 downtown, Station 31 east of I-805 runs 18 percent of their total calls in Station 34's area. When this occurs, the eastern City has to rely on a mutual aid company for a "3`d" simultaneous call for service and these companies are farther away in the eastern City than along the 1-5 corridor. The City's geography is a little too large to provide suburban outcome first alarm response time coverage from only two stations. The City benefits from the closest unit "automatic aid" regional dispatch and response system. While this system cannot replace existing City stations or units, the City should continue to participate in this valuable support system for simultaneous calls for service and multiple -unit serious emergencies. 2.7.7 Integrated Fire Station Deployment Recommendations National City has good fire crew coverage, but it is heavily dependant on its neighboring fire departments for two reasons — primary coverage into the northeast City area as well as providing the balance of the staffing needed for an effective response force (First Alarm) to serious fires and other serious or simultaneous emergencies. The issue with this approach is that the resources of other cities are not dedicated to National City, especially in times of their own simultaneous calls for service, or during time of region wide firestorms or disasters. While no one city (even San Diego) can stand by itself and handle everything and any possibility without help, a desirable goal is to field enough of a response force to handle a community's day-to-day responses for primary single -unit response needs equitably to all neighborhoods, as well as be able to provide an effective initial response force (first alarm) to moderately serious building fires. National City is close to this desirable goal of being self-sufficient for usual and customary emergencies by fielding three fire companies per day. However, there are two gaps that over time that could be improved as fiscal resources allow: 1. The lack of 4-minute primary unit coverage by a National City unit in the northeast City; 2. Not enough total firefighters on duty to field an effective initial force to serious fires without help from mutual aid departments. While National City could staff each of the two existing fire engines with 4 firefighters per day minimum, up from three, this only adds two more firefighters per day for a total of 12 and it does not address response times in the northeast City area. Section 2—Standards of Response Cover Analysis page 42 ;3r;YimitntitiosnMszi2 7!Rd3IDF ci If National City added a 3`d fire station and crew in the northeast City, and staffed the engine with a minimum of three personnel, then the daily staffing increases to 13 per day which not only improves the response times in the northeast City, it also improves City based staffing to serious multiple -unit emergencies and the simultaneous call support being improved Citywide east of I- 805. Thus, adding a 3rd fire station and crew improves all three deficits identified in this study. Then over time, as fiscal resources further allow, the City could raise minimum staffing on two existing engines to four per day, thus raising minimum daily staffing to 15, which, when the battalion chief is added, is 16 in -City personnel per day, which is consistent with the guidelines of NFPA 1710 and other best practices for effective outcomes for the types of fire and EMS risks present in National City. Observation: Generally, population, not buildings, drives fire department calls for service. Additional people have accidents, medical problems, auto accidents, and cause fires. Over recent years, National City Fire has seen a call for service rate of 81 incidents per 1,000 population. The current City population is approximately 61,000 residents and the current General Plan year 2020 population forecast is for a population of approximately 76,000. At the current rate of 81 calls per 1,000 residents, in the year 2020 the annual incident count would be approximately 6,200, an increase of 25 percent over the current count of 4,928 calls per year. While this appears to be a large increase, it occurs slowly at a rate of about 2 percent per year, which gives the City time to assess its fire planning policies and, if desired, add a 3' I fire station and 4`h crew per day as revenue allows. Recommendation #1: The City should adopt revised performance measures to direct fire station location planning and to monitor the operation of the Department. The measures should take into account a realistic company turnout time of 2 minutes and be designed to deliver outcomes that will save patients medically salvageable upon arrival; and to keep small, but serious fires from becoming greater alarm fires. Citygate recommends these measures be: 1.1 Distribution of Fire Stations: To treat medical patients and control small fires, the first -due unit should arrive within 7 minutes, 90 percent of the time from the receipt of the 911 call. This equates to 1 minute dispatch time, 2 minutes company turnout time and 4 minutes drive time spacing for single stations. Section 2—Standards of Response Cover Analysis 43 page ;rear rii'�"iL'• IK 1.2 Multiple -Unit Effective Response Force for Serious Emergencies: To confine fires near the room of origin, to stop wildland fires to under 3 acres when noticed promptly and to treat up to 5 medical patients at once, a multiple -unit response of at least 14 personnel should arrive within 11 minutes from the time of 911 call receipt, 90 percent of the time. This equates to 1 minute dispatch time, 2 minutes company turnout time and 8 minutes drive time spacing for multiple units. Recommendation #2: As fiscal resources allow, the most beneficial next improvement in fire services the City could make would be to add a fire station in the northeast City area equipped with one fire engine and a 3-person crew. This capital improvement project can be phased over several fiscal years, from final location to land acquisition, design, bidding, and filially construction as the economy allows. Recommendation #3: As fiscal resources allow, a follow-on step to adding the 3rd fire station would be to increase the daily staffing by one firefighter on the downtown engine at Station 34. The east side stations due to lower call for service volumes could stay long term at three personnel per day staffing. Section 2—Standards of Response Cover Analysis a e 44 , '� P 9 R:r+i Pa a. L�RLMfCiVt:s tMi+:VACN'3a.il (1TTfiTff fiSS9(IflTtS, PLC FOLSOM (SACRAMENTO), CA MANAGEMENT CONSULTANTS FIRE RESPONSE STUDY FOR THE AT1ONAL Cr FIRE !r'EPAR ' E VOLUME'2 OF 3 — MAP ATLAS January 23, 2009 . ■ P. CENT!J ,4P-At Aziciaix. j I4R 'r. , ' , x L 51sA.rt.: Y i . e ■ IMININ • 1 2250 East Bidwell St., Ste #100 a Folsom, CA 95630 Wit ®„ "�� (916) 458-5100 IS Fax: (916) 983-2090 � �,�fllf flSS (Ifli� I C Fire Stations 0 Existing Proposed O Omer Departments Transportation Freeways ---.ps "'Major Roads Local Roads Zoning ■ Commercial Institutional Manutactu r Ing IIII Military Open Space Omer Municipalities L NATIONAL CITY C3 CHULA VISTA SAN DIEGO 0 CORONADO 0SD. COUNTY 4 SO 00N°N0 °0S\o WS ENO d1S�� ts\°1'41‘‘()� sluvIW soVvV,VM .000 aladS OO \elIsJel 1Wa bovialanueW ,s00000 ep005002 sPeca }0te sdtl Jo e1,1odst.se . ,ate 0 spa` d sOdead 0 SV ores®A � seYS OS ° Wdc3 opg� ' 0.0"11 • ALN100 Os...i 00VNOb000 00IO Nth bLSM b7nH00 I3 niouvleCI sonllsdl3ju W six% e3cn specie, .ofeNc sdwe i UOUCJods s7uaugkdao F ugal 1,00 6uasp 0 suoNe,„s aild pua6a7 , • ° • . .2e2-'12;4' 22, 422.V1‘ . • • Fire Stations 0 Existing © Other Departments Transportation Freeways --a Ramps ,Major Roads Local Roads Municipalities l-1 NATIONAL CITY fCHULAVISTA ta SAN DIEGO CORONADO 0 S.D. COUNTY Fire Stations 0 Existing O Other Departmerts 8 minute response time Number of stations to sake Municipalities NATIONAL CITY CHULA VISTA SAN DIEGO 0 CORONADO SD COUNTY Minute Concentration igines Only Legend Fire Stations ® Existing 0 Omer Departments 8 Minute Response Time Nmber of engines to arrWe alMilk1to2 4 5 esemar6 Transportation —Freeways -- Ramps >Major Roads - LOcai Roads Municipalities it NATIONAL CITY CHULAVISTA SAN DIEGO C:1CORONADO C:1SD.000NTY ekt. 1lZtu11 V4' National CIty4Fore Department 11%8 MinUte Concentration' Ladders Orly I Legend Fire Stations 0 ENIsting 0 Other Departments 8 Minute Response Time Nirrter of ladeiers to arrive owe 1 to 2 maw 3 4 5 Transportation ' Freeways Ramps ,Major Roads • - Local Roads Municipalities NATIONAL crry CHULA VISTA ED SAN DIEGO CORONADO L.:3— SD. COUNTY 1. • G34 \ • It** >"1‘. .1 ,c.,11 r FIRE VIEW 1IJ3 ••vt‘ ''''''''f!'",▪ r,'"e;.:3-;•;.6, ▪ • • • ,.,t fi, Vic- 7 `�#•� ., rt4, -''r.----it" �.. : L. • R c J ek14, ''43) ''7,4 1 •"s • . ; - NS. , t ' • - ats 5 • ' - • ' • .... ;7. .. ^ : ' " • )1 - • iL • . -•- • 41:4r4 . .vi 7 tit .4.>174\ci, 4.- IA 0 014%1446 , 41.„-j'iej or• 41) in 0, t;(z ... r.:.•i-.4„f..,- oovo03 io nI":0I". : s•ce% le3cr, , 4)e% Jo.rei,v. saw% uogemel,44---- (oascci -°cIsue-ft ,, _ cud) c uor ' • • a. le a 5e,310_ -04s, . s..., alaidno r....7 /Site j -I, sin ul ,v8"--1, -KAIre an a - -41-40 ek Dagociajci a— ait,is,,„ al suonejs 07041 rm-wik4. 1 rISIMMI National City Fir 'Department 4- Map 19 __....1 ---- JJ Nne 7. a :8;Minute'Concentratio - 'zore—le lOwrog .11,11111111.0"7"1, . -,Including Station 3,(proposed Fire Stations 0 Exi/Ing 0 Proposed 0 Other Departments 8 Minute Response Time Ntmter ot enuinesto airive sow 2 to 3 Transportation - Freeways Ramps • s Major Roads -- Local Roads Municipalities :—INATIONAL CITY CHULAVISTA SAN DIEGO 71 CORONADO SD COUNTY fiSS9C1fftS,11.(_____ FOLSOM (SACRAMENTO), CA MANAGEMENT CONSULTANTS It FIRE RESPONSE STUDY FOR THE NATIO/4AL CITY FIRE DEPARTMENT VOLUME 3 OF 3 — STA TS APPENDIX January 23, 2009 . "Tc.) p, C EA -Fiji? ) , k....)— s ..,.'*,...";-.•‘ /').1"1. :l)iP,*.'A ,N: ,,,7,,,t",_ ,, 1t!t.: t'. • 1 "fN .1414.clv .,: ... I • 2250 East Bidwell St., Ste #100 • Folsom, CA 95630 1 fWi'cAft. (916) 458-5100 1 Fax: (916) 983-2090 NATIONAL CITY FIRE DEPARTMENT STATISTICAL APPENDIX Dataset Identification This section describes the sources and quality of data used in this study. The National City Fire Department has furnished NFIRS 5 data for 14,880 incidents dated for the 36-month period from 4/01/2005 through 3/31/2008. NFIRS 5's Apparatus module was not used. 19,545 apparatus responses for the same date range were obtained from CAD data. CAD data was successfully merged using Excel formulas to convert measured durations into event timestamps. Here is the procedure used to convert times: 1. The "Received" column was used as the "Time of Call". 2. The duration in the "Alert" column was added to the Time of Ca11 to create a "Dispatched" timestamp. 3. The duration in the "Prep" column was added to the Time of Call and the duration in the "Alert" column to create an "Enroute" timestamp. 4. The duration in the "Travel" column was added to the Time of Call and the duration in the "Alert" column and the duration in the "Travel" column to create an "On Scene" timestamp. 5. The duration in the "Involved" column was added to the Time of Call and the duration in the "Alert" column to create a "Unit Clear" timestamp. Data Quality. National City uses the current NFIRS 5 reporting. standard. Dataset strengths include the following: 1. Use of seconds in all time fields 2. Use of NFIRS 5 Patients module 3. Use of optional NFIRS 5 Census Tract field 4. Inclusion of free form comments in incident reports. Dataset weaknesses include the following: 1. No use of NFIRS 5 Apparatus module 2. No use of the optional District field in NFIRS 5 3. No Latitude / Longitude data in CAD data 4. Use of durations rather than event time stamping in CAD data. Volume 3—National City Fire Department Statistical Appendix page 1 arxrt r,'xa r uK Fs ,;',Zr{:.y.. ":>:.,,&'b'. :Fi :c�.Tii�"„",_� ••••`"i `$. 4,-SIEMECUitailkai Annual trends for the 36 months of data are broken-down into three 12-month periods that will be referred to as below. FY 05-06 FY 06-07 FY 07-08 Service Demand 4/1/2005 — 3/31/2006 4/1/2006 — 3/31/2007 4/1/2007 — 3/31/2008 Service demands are broken-down into specific incident types and property types. Dollar losses are also outlined in this section. Over 36 months the National City Fire Department responded to an average of 13.59 incidents per day. 2.66 percent of incident responses were to fire, 81.76 percent to EMS and 15.58 percent to other types of incidents. Brecuir/oia°rr 6v Incident Type and Property Type Below is a list of the top incident types occurring in National City station areas for the 36-month analysis period. Incident types with less than 20 responses were eliminated from the list. Notice the 4`h most numerous incident type is "611 Dispatched & canceled en route". Incident Type Count 321 EMS call, excluding vehicle accident with injury 9,718 322 Vehicle accident with injuries 1,260 311 Medical assist, assist EMS crew 829 611 Dispatched & canceled en route 656 700 False alarm or false call, other 413 300 Rescue, emergency medical call (EMS) call, other 247 600 Good intent call, other 232 651 Smoke scare, odor of smoke 132 323 Motor vehicle/pedestrian accident (MV Ped) 88 118 Trash or rubbish fire, contained 79 500 Service Ca11, other 62 131 Passenger vehicle fire 61 511 Lock -out 59 730 System malfunction, other 59 554 Assist invalid 53 111 Building fire 51 113 Cooking fire, confined to container 43 100 Fire, other 40 412 Gas leak (natural gas or LPG) 38 440 Electrical wiring/equipment problem, other 34 561 Unauthorized burning 34 551 Assist police or other governmental agency 31 550 Public service assistance, other 29 Volume 3—National City Fire Department Statistical Appendix page 2 Incident Type 510 Person in distress, other 745 Alarm system sounded, no fire — unintentional 531 Smoke or odor removal 650 Steam, other gas mistaken for smoke, other 735 Alarm system sounded due to malfunction 740 Unintentional transmission of alarm, other 150 Outside rubbish fire, other 520 Water problem, other 411 Gasoline or other flammable liquid spill 621 Wrong location Count 28 28 26 26 26 26 23 23 22 21 Notice how the ranking of top 10 incident types change when we view incident types by staff hours instead of the number of incidents. Building fires moves from the 16th position from the 3`d. "611 Dispatched & canceled en route" still ranks a significant 6th place even when measured by staff hours. Incident Type 321 EMS call, excluding vehicle accident with injury 322 Vehicle accident with injuries 111 Building fire 311 Medical assist, assist EMS crew 700 False alarm or false call, other 611 Dispatched & canceled en route 600 Good intent call, other 100 Fire, other 412 Gas leak (natural gas or LPG) 651 Smoke scare, odor of smoke Count 12,128.14 2,125.27 1,452.78 996.28 676.33 521.88 443.18 420.23 403.52 359.46 Here is a chart showing the top types of property receiving services from the National City Fire Department during the 36-month study period. Property types with fevier than 20 responses were eliminated from the list. Property Type Count 419 1 or 2 family dwelling 3,742 429 Multifamily dwellings 2,508 961 Highway or divided highway 1,115 400 Residential, other 868 960 Street, other 833 965 Vehicle parking area 709 311 24-hour care Nursing homes, 4 or more persons 705 963 Street or road in commercial area 640 962 Residential street, road or residential driveway 621 519 Food and beverage sales, grocery store 299 Volume 3—National City Fire Department Statistical Appendix page 3 CJ t Is:'Xilt uc Property Type 500 Mercantile, business, other 340 Clinics, Doctors offices, hemodialysis centers 449 Hotel/motel, commercial 439 Boarding/rooming house, residential hotels 900 Outside or special property, other 931 Open land or field 300 Health care, detention, & correction, other 511 Convenience store 580 General retail, other 331 Hospital - medical or psychiatric 215 High school/junior high school/middle school 581 Department or discount store 131 Church, mosque, synagogue, temple, chapel NNN None 549 Specialty shop 365 Police station 150 Public or government, other UUU Undetermined 213 Elementary school, including kindergarten 529 Textile, wearing apparel sales 161 Restaurant or cafeteria 579 Motor vehicle or boat sales, services, repair 321 Mental retardation/development disability facility 599 Business office 952 Railroad yard 241 Adult education center, college classroom 459 Residential board and care 342 Doctor, dentist or oral surgeon's office 700 Manufacturing, processing 100 Assembly, other 592 Bank 539 Household goods, sales, repairs 564 Laundry, dry cleaning 571 Service station, gas station 936 Vacant lot 141 Athletic/health club 951 Railroad right of way Count 276 222 164 159 154 111 99 83 76 74 69 60 58 58 56 55 42 41 .40 40 37 36 35 34 32 31 30 29 28 26 26 24 24 24 23 21 21 Volume 3—National City Fire Department Statistical Appendix page 4 (,,,c Here are the top ten property types by staff hours. Notice this ranking more closely resembles the property type ranking by incident count. Property Type 419 1 or 2 family dwelling 429 Multifamily dwellings 961 Highway or divided highway 400 Residential, other 311 24-hour care Nursing homes, 4 or more persons 960 Street, other 963 Street or road in commercial area 965 Vehicle parking area 962 Residential street, road or residential driveway 500 Mercantile, business, other Count 6,087.45 4,214.76 1,721.91 1,147.43 1,057.30 977.16 864.69 835.58 832.56 482.65 Here is a comparison of the number of incidents by calendar year. Notice a slight increase from year one to year two with a more dramatic increase from year two to year three. 5500 5000 4500 4000 3500 3000 D 2500 2000 1500 1000 500 0 Number of Incidents by Year mi 1I um ,. • III mu '. mi 1. um 1. mi 1. mi 1. mm 1. .... lik FY 05/05 FY 06/07 The number of incidents by calendar year is growing: FY 05/06 4,858 FY 06/07 4,886 FY 07/08 5,136 Volume 3—National City Fire Department Statistical Appendix FY 07/08 page 5 (Kart hwitt,ir: The following graph illustrates trends by incident type. Notice fires increased from 110 to 139 to 148. EMS incidents dipped slightly in FY 06/07, but have risen in FY 07/08. 4200 4000 3800 3600 3400 3200 3000 2300 2600 23 2400 2200 2000 1800 1600 1400 1200 1000 800 600 400 200 0 FY 05/06 Number of Incidents by Year by Incident Type FY 06/07 FY 07/08 ® Fires ® EMS ❑ Other This graph compares incident activity by hour of day by year. Notice while incident activity closely tracks for the years there was a slight increase in activity in FY 07/08 from 14:00 — 17:00. 320 300 280 260 240 220 200 180 ▪ 160 a C. 140 120 100 80 60 40 20 0 Number of Incidents by Hour of Day by Year ■ ■ 11- a' ■ - ■ ■ a ■ a, i --a • a \�. Tr-o- 00 01 02 03 04 05 D6 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Hour of Day Volume 3—National City Fire Department Statistical Appendix ▪ FY 07108 ▪ FY 06/97 ❑ FY O5/06 page 6 1)enian I ..StUti4'ii ,ti 'a The number of incidents was highest for both stations in FY 07/08 (red) dropping slightly in each of the preceding years. 3230 3000 2800 2000 2400 2200 2000 1800 • 1500 E 1400 1200 1000 B00 600 400 200 0 31 Number of Incidents by Station by Year Station 34 Staffhours were up for both stations from FY 06/07 (blue) to FY 07/08 (red). 5000 4500 4000 3500 3000 2500 2000 1500 1000 500 0 Total Staff Hours by Station by Year 31 Station Volume 3—National City Fire Department Statistical Appendix 34 FY 07108 ® FY 05/07 ❑ FY 05106 ▪ FY 07/08 • FY 06107 ❑ FY 05/06 page 7 cs,, en The following graph illustrates total dollar loss by year. Total dollar loss was highest in FY 05/06. 1500000 1100000 1300000 1200000 1100000 1000000 900000 800000 700000 600000 500000 100000 300000 200000 100000 0 FY 05106 Total Loss by Year FY 06107 The following table breaks down total dollar loss by year by month. FY 07108 Year Apr May Jun Jul Aug Sep FY 05/06 FY 06/07 FY 07/08 0 21,900 46,000 2,200 300 36,000 21,000 19,500 0 200 4,500 11,500 0 4,400 6,000 100 26,950 27,000 Year Oct Nov Dec Jan Feb Mar Total FY 05/06 FY 06/07 FY 07/08 7,000 33,200 50,400 25,000 3,200 450 11,500 37,000 69,000 142,500 3,425 71,800 10,250 2,000 3,470 1,199,800 4,400 33,000 1,419, 550 160,775 354,620 Volume 3—National City Fire Department Statistical Appendix page 8 ��e,; "•a4'!1, The data indicates the majority of dollar loss has occurred in station area 34 in each year. 1500000 1400000 1300000 1200000 1100000 1000000 900000 800000 700000 600000 500000 400000 300000 200000 Total Loss by Station by Year 100000 14 0 31 34 Station N FY 07/08 ® FY 06/07 ❑ FY 05/06 Overall Response Time Once the types of incidents and losses are quantified, analysis shifts to the time required to respond to those incidents. Fractile breakdowns count the percentage (and number) of incidents meeting defined criteria such as the first apparatus to reach the scene within progressive time segments. ill National City Station Area Responses Here is a fractile breakdown for National City station responses for the 36-month study period. To focus these calculations on National City deployment aid given incidents were not included in this calculation. Incidents outside of National City station areas and those exceeding 20 minutes response time were also eliminated. There are 14,012 Incident records being analyzed. 50 records were ignored because of a zero time value. 1st Apparatus On Scene <= 00:00:00 .0% (0) 1st Apparatus On Scene <= 00:00:15 2.9% (402) 1st Apparatus On Scene <= 00:00:30 3.3% (464) 1st Apparatus On Scene <= 00:00:45 3.7% (523) 1st Apparatus On Scene <= 00:01:00 4.2% (591) 1st Apparatus On Scene <= 00:01:15 4.4% (615) 1st Apparatus On Scene <= 00:01:30 4.6% (646) 1st Apparatus On Scene <= 00:01:45 4.9% (686) 1st Apparatus On Scene <= 00:02:00 5.2% (720) 1st Apparatus On Scene <= 00:02:15 5.5% (774) lst Apparatus On Scene <= 00:02:30 6.3% (884) 1st Apparatus On Scene <= 00:02:45 7.4% (1,036) Volume 3—National City Fire Department Statistical Appendix page 9 La1 t: iiamadaszanzsz 1st Apparatus On Scene <= 00:03:00 9.1% (1,274) 1st Apparatus On Scene <= 00:03:15 11.2% (1,559) 1st Apparatus On Scene <= 00:03:30 14.1% (1,968) 1st Apparatus On Scene <= 00:03:45 17.9% (2,502) 1st Apparatus On Scene <= 00:04:00 22.8% (3,188) 1st Apparatus On Scene <= 00:04:15 28.4% (3,966) lst Apparatus On Scene <= 00:04:30 34.7% (4,843) 1st Apparatus On Scene <= 00:04:45 41.0% (5,731) 1st Apparatus On Scene <= 00:05:00 47.3% (6,605) 1st Apparatus On Scene <= 00:05:15 53.5% (7,467) 1st Apparatus On Scene <= 00:05:30 59.4% (8,297) 1st Apparatus On Scene <= 00:05:45 65.0% (9,073) 1st Apparatus On Scene <= 00:06:00 70.1% (9,783) 1st Apparatus On Scene <= 00:06:15 74.4% (10,388) 1st Apparatus On Scene <= 00:06:30 78.5% (10,961) 1st Apparatus On Scene <= 00:06:45 81.7% (11,408) 1st Apparatus On Scene <= 00:07:00 84.3% (11,775) 1st Apparatus On Scene <= 00:07:15 86.4% (12,064) 1st Apparatus On Scene <= 00:07:30 88.1% (12,305) 1st Apparatus On Scene <= 00:07:45 89.5% (12,500) 1st Apparatus On Scene <= 00:08:00 90.9% (12,685) 1st Apparatus On Scene <= 00:08:15 92.0% (12,841) 1st Apparatus On Scene <= 00:08:30 92.9% (12,965) 1st Apparatus On Scene <= 00:08:45 93.6% (13,065) 1st Apparatus On Scene <= 00:09:00 94.3% (13,173) 1st Apparatus On Scene <= 00:09:15 94.9% (13,246) 1st Apparatus On Scene <= 00:09:30 95.3% (13,311) 1st Apparatus On Scene <= 00:09:45 95.8% (13,378) 1st Apparatus On Scene <= 00:10:00 96.3% (13,447) 1st Apparatus On Scene <= 00:10:15 96.6% (13,487) 1st Apparatus On Scene <= 00:10:30 97.0% (13,549) 1st Apparatus On Scene <= 00:10:45 97.4% (13,597) 1st Apparatus On Scene <= 00:11:00 97.7% (13,637) 1st Apparatus On Scene <= 00:11:15 97.9% (13,668) 1st Apparatus On Scene <= 00:11:30 98.1% (13,695) 1st Apparatus On Scene <= 00:11:45 98.2% (13,717) 1st Apparatus On Scene <= 00:12:00 98.3% (13,731) 1st Apparatus On Scene <= 00:12:15 98.5% (13,749) 1st Apparatus On Scene <= 00:12:30 98.6% (13,768) lst Apparatus On Scene <= 00:12:45 98.7% (13,782) 1st Apparatus On Scene <= 00:13:00 98.8% (13,801) 1st Apparatus On Scene <= 00:13:15 98.9% (13,811) 1st Apparatus On Scene <= 00:13:30 99.0% (13,822) 1st Apparatus On Scene <= 00:13:45 99.1% (13,835) 1st Apparatus On Scene <= 00:14:00 99.2% (13,844) 1st Apparatus On Scene <= 00:14:15 99.2% (13,855) Volume 3—National City Fire Department Statistical Appendix page 10 a vie , Y 1st Apparatus On Scene <= 00:14:30 99.3% (13,868) 1st Apparatus On Scene <= 00:14:45 99.4% (13,876) 1st Apparatus On Scene <= 00:15:00 99.4% (13,881) 1st Apparatus On Scene <= 00:15:15 99.5% (13,887) 1st Apparatus On Scene <= 00:15:30 99.5% (13,891) 1st Apparatus On Scene <= 00:15:45 99.5% (13,898) 1st Apparatus On Scene <= 00:16:00 99.6% (13,905) 1st Apparatus On Scene <= 00:16:15 99.6% (13,908) 1st Apparatus On Scene <= 00:16:30 99.6% (13,913) 1st Apparatus On Scene <= 00:16:45 99.7% (13,920) 1st Apparatus On Scene <= 00:17:00 99.7% (13,923) 1st Apparatus On Scene <= 00:17:15 99.7% (13,924) 1st Apparatus On Scene <= 00:17:30 99.8% (13,929) 1st Apparatus On Scene <= 00:17:45 99.8% (13,933) 1st Apparatus On Scene <= 00:18:00 99.8% (13,936) 1st Apparatus On Scene <= 00:18:15 99.8% (13,938) 1st Apparatus On Scene <= 00:18:30 99.9% (13,945) 1st Apparatus On Scene <= 00:18:45 99.9% (13,948) 1st Apparatus On Scene <= 00:19:00 99.9% (13,949) 1st Apparatus On Scene <= 00:19:15 99.9% (13,951) 1st Apparatus On Scene <= 00:19:30 99.9% (13,955) 1st Apparatus On Scene <= 00:19:45 100.0% (13,959) 1st Apparatus On Scene <= 00:20:00 100.0% (13,962) Median 1st Apparatus On Scene 00:05:07 (5.12 minutes) Average 1st Apparatus On Scene 00:05:20 (5.32 minutes) Eire and EMS incidents Only Now the selection of records for the 36-month period is reduced to only fire and EMS responses. There are 12,075 incident records being analyzed. 46 records were ignored because of a zero time value. 1st Apparatus On Scene <= 00:00:00 .0% (0) 1st Apparatus On Scene <= 00:00:15 .6% (78) 1st Apparatus On Scene <= 00:00:30 1.0% (125) 1st Apparatus On Scene <= 00:00:45 1.4% (167) 1st Apparatus On Scene <= 00:01:00 1.8% (215) 1st Apparatus On Scene <= 00:01:15 2.0% (235) 1st Apparatus On Scene <= 00:01:30 2.1% (255) 1st Apparatus On Scene <= 00:01:45 2.3% (281) 1st Apparatus On Scene <= 00:02:00 2.6% (309) 1st Apparatus On Scene <= 00:02:15 2.9% (351) 1st Apparatus On Scene <= 00:02:30 3.6% (439) 1st Apparatus On Scene <= 00:02:45 4.8% (579) 1st Apparatus On Scene <= 00:03:00 6.6% (799) 1st Apparatus On Scene <= 00:03:15 8.8% (1,061) Volume 3—National City Fire Department Statistical Appendix page 11 1st Apparatus On Scene < 1st Apparatus On Scene < 1st Apparatus On Scene < 1st Apparatus On Scene < 1st Apparatus On Scene < 1st Apparatus On Scene < 1st Apparatus On Scene < 1st Apparatus On Scene < 1st Apparatus On Scene < 1st Apparatus On Scene < 1st Apparatus On Scene 1st Apparatus On Scene < 1st Apparatus On Scene < 1st Apparatus On Scene < 1st Apparatus On Scene 1st Apparatus On Scene < 1st Apparatus On Scene < 1st Apparatus On Scene 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On lst Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On = 00:03:30 12.0% (1,442) = 00:03:45 16.1 % (1,936) = 00:04:00 21.3% (2,568) = 00:04:15 27.4% (3,292) = 00:04:30 34.1% (4,105) = 00:04:45 41.0% (4,927) = 00:05:00 47.6% (5,723) = 00:05:15 54.1% (6,508) = 00:05:30 60.3% (7,256) = 00:05:45 66.0% (7,941) <= 00:06:00 71.3%"(8,574) = 00:06:15 75.7% (9,106) = 00:06:30 79.7% (9,593) = 00:06:45 83.0% (9,979) <= 00:07:00 85.6% (10,291) = 00:07:15 87.6% (10,540) = 00:07:30 89.3% (10,744) <= 00:07:45 90.6% (10,904) Scene <= 00:08:00 91.9% (11,056) Scene <= 00:08:15 92.9% (11,179) Scene <= 00:08:30 93.7% (11,274) Scene <= 00:08:45 94.4% (11,353) Scene <= 00:09:00 95.0% (11,428) Scene <= 00:09:15 95.5% (11,488) Scene <= 00:09:30 95.9% (11,533) Scene <= 00:09:45 96.3% (11,584) Scene <= 00:10:00 96.7% (11,637) Scene <= 00:10:15 97.0% (11,670) Scene <= 00:10:30 97.4% (11,713) Scene <= 00:10:45 97.7% (11,751) Scene <= 00:11:00 97.9% (11,782) Scene <= 00:11:15 98.1% (11,803) Scene <= 00:11:30 98.3% (11,822) 1st Apparatus On Scene <= 00:11:45 98.4% (11,841) 1st Apparatus On Scene <= 00:12:00 98.5% (11,850) 1st Apparatus On Scene <= 00:12:15 98.6% (11,860) 1st Apparatus On Scene <= 00:12:30 98.7% (11,875) 1st Apparatus On Scene <= 00:12:45 98.8% (11,885) 1st Apparatus On Scene <= 00:13:00 98.9% (11,897) 1st Apparatus On Scene <= 00:13:15 99.0% (11,907) 1st Apparatus On Scene <= 00:13:30 99.1% (11,916) 1st Apparatus On Scene <= 00:13:45 99.1% (11,926) lst Apparatus On Scene <= 00:14:00 99.2% (11,934) 1st Apparatus On Scene <= 00:14:15 99.3% (11,944) 1st Apparatus On Scene <= 00:14:30 99.4% (11,953) 1st Apparatus On Scene <= 00:14:45 99.4% (11,960) Volume 3—National City Fire Department Statistical Appendix page 12 " *ar: m520mits u� 1st Apparatus On Scene <= 00:15:00 99.5% (11,964) 1st Apparatus On Scene <= 00:15:15 99.5% (11,969) 1st Apparatus On Scene <= 00:15:30 99.5% (11,971) 1st Apparatus On Scene <= 00:15:45 99.6% (11,977) 1st Apparatus On Scene <= 00:16:00 99.6% (11,983) 1st Apparatus On Scene <= 00:16:15 99.6% (11,986) 1st Apparatus On Scene <= 00:16:30 99.7% (11,989) 1st Apparatus On Scene <= 00:16:45 99.7% (11,994) 1st Apparatus On Scene <= 00:17:00 99.7% (11,997) 1st Apparatus On Scene <= 00:17:15 99.7% (11,998) 1st Apparatus On Scene <= 00:17:30 99.8% (12,001) 1st Apparatus On Scene <= 00:17:45 99.8% (12,005) 1st Apparatus On Scene <= 00:18:00 99.8% (12,007) 1st Apparatus On Scene <= 00:18:15 99.8% (12,009) 1st Apparatus On Scene <= 00:18:30 99.9% (12,016) 1st Apparatus On Scene <= 00:18:45 99.9% (12,018) 1st Apparatus On Scene <= 00:19:00 99.9% (12,019) 1'st Apparatus On Scene <= 00:19:15 99.9% (12,021) 1st Apparatus On Scene <= 00:19:30 100.0% (12,024) 1st Apparatus On Scene <= 00:19:45 100.0% (12,027) 1st Apparatus On Scene <= 00:20:00 100.0% (12,029) Median 1st Apparatus On Scene 00:05:06 (5.1 minutes) Average 1st Apparatus On Scene 00:05:22 (5.37 minutes) Structure tires Only The following fractile breaks down responses to structure fires that occurred during the 36- month study period. This breakdown includes responses to outside fire departments for aid requests. There are 43 incident records being analyzed. 1st Apparatus On Scene <= 00:00:00 .0% (0) 1st Apparatus On Scene <= 00:00:15 .0% (0) 1st Apparatus On Scene <= 00:00:30 .0% (0) 1st Apparatus On Scene <= 00:00:45 .0% (0) 1st Apparatus On Scene <= 00:01:00 .0% (0) 1st Apparatus On Scene <= 00:01:15 .0% (0) 1st Apparatus On Scene <= 00:01:30 .0% (0) 1st Apparatus On Scene <= 00:01:45 .0% (0) 1st Apparatus On Scene <= 00:02:00 .0% (0) 1st Apparatus On Scene <= 00:02:15 .0% (0) 1st Apparatus On Scene <= 00:02:30 2.3% (1) 1st Apparatus On Scene <= 00:02:45 2.3% (1) 1st Apparatus On Scene <= 00:03:00 2.3% (1) 1st Apparatus On Scene <= 00:03:15 2.3% (1) 1st Apparatus On Scene <= 00:03:30 4.7% (2) Volume 3—National City Fire Department Statistical Appendix page 13 $x.1'.aiiRaZi'+ii'.d. e''A4!`i�ii� kaiak' 1st Apparatus On Scene <= 00:03:45 7.0% (3) 1st Apparatus On Scene <= 00:04:00 11.6% (5) 1st Apparatus On Scene <= 00:04:15 18.6% (8) 1st Apparatus On Scene <= 00:04:30 18.6% (8) 1st Apparatus On Scene <= 00:04:45 25.6% (11) 1st Apparatus On Scene <= 00:05:00 32.6% (14) 1st Apparatus On Scene <= 00:05:15 39.5% (17) 1st Apparatus On Scene <= 00:05:30 51.2% (22) 1st Apparatus On Scene <= 00:05:45 55.8% (24) 1st Apparatus On Scene <= 00:06:00 60.5% (26) 1st Apparatus On Scene <= 00:06:15 72.1% (31) 1st Apparatus On Scene <= 00:06:30 76.7% (33) 1st Apparatus On Scene <= 00:06:45 86.0% (37) 1st Apparatus On Scene <= 00:07:00 90.7% (39) 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On 1st Apparatus On Scene <= 00:07:15 97.7% (42) Scene <= 00:07:30 97.7% (42) Scene <= 00:07:45 97.7% (42) Scene <= 00:08:00 97.7% (42) Scene <= 00:08:15 100.0% (43) Scene <= 00:08:30 100.0% (43) Scene <= 00:08:45 100.0% (43) Scene <= 00:09:00 100.0% (43) Scene <= 00:09:15 100.0% (43) Scene <= 00:09:30 100.0% (43) Scene <= 00:09:45 100.0% (43) Scene <= 00:10:00 100.0% (43) Scene <= 00:10:15 100.0% (43) Scene <= 00:10:30 100.0% (43) Scene <= 00:10:45 100.0% (43) Scene <= 00:11:00 100.0% (43) Scene <= 00:11:15 100.0% (43) Scene <= 00:11:30 100.0% (43) Scene <= 00:11:45 100.0% (43) Scene <= 00:12:00 100.0% (43) Scene <= 00:12:15 100.0% (43) Scene <= 00:12:30 100.0% (43) Scene <= 00:12:45 100.0% (43) Scene <= 00:13:00 100.0% (43) Scene <= 00:13:15 100.0% (43) Scene <= 00:13:30 100.0% (43) Scene <= 00:13:45 100.0% (43) Scene <= 00:14:00 100.0% (43) Scene <= 00:14:15 100.0% (43) Scene <= 00:14:30 100.0% (43) Scene <= 00:14:45 100.0% (43) Scene <= 00:15:00 100.0% (43) Volume 3-National City Fire Department Statistical Appendix page 14 ;r,,0it t�:�91t,.. �t: 1st Apparatus On Scene <= 00:15:15 100.0% (43) 1st Apparatus On Scene <= 00:15:30 100.0% (43) 1st Apparatus On Scene <= 00:15:45 100.0% (43) 1st Apparatus On Scene <= 00:16:00 100.0% (43) 1st Apparatus On Scene <= 00:16:15 100.0% (43) 1st Apparatus On Scene <= 00:16:30 100.0% (43) 1st Apparatus On Scene <= 00:16:45 100.0% (43) 1st Apparatus On Scene <= 00:17:00 100.0% (43) 1st Apparatus On Scene <= 00:17:15 100.0% (43) 1st Apparatus On Scene <= 00:17:30 100.0% (43) 1st Apparatus On Scene <= 00:17:45 100.0% (43) 1st Apparatus On Scene <= 00:18:00 100.0% (43) lst Apparatus On Scene <= 00:18:15 100.0% (43) 1st Apparatus On Scene <= 00:18:30 100.0% (43) 1st Apparatus On Scene <= 00:18:45 100.0% (43) 1st Apparatus On Scene <= 00:19:00 100.0% (43) 1st Apparatus On Scene <= 00:19:15 100.0% (43) 1st Apparatus On Scene <= 00:19:30 100.0% (43) 1st Apparatus On Scene <= 00:19:45 100.0% (43) 1st Apparatus On Scene <= 00:20:00 100.0% (43) Median 1st Apparatus On Scene 00:05:18 (5.3 minutes) Average 1st Apparatus On Scene 00:05:29 (5.47 minutes) Volume 3—National City Fire Department Statistical Appendix wigAi >t6:: : Response time trends are explored in the next few graphs. The first graph illustrates compliance with a 6-minute first apparatus on scene standard by station area by calendar year. This graph only includes station responses to fire and EMS incidents. Notice Station 31 averages over 70 percent compliance while Station 34 averages over 60 percent compliance with a 6-minute first apparatus on scene standard. Station Compliance Percentage for 1st Apparatus On Scene at 6 Minutes by Year Station If 1 minute is added the percentage of compliance rises substantially. Here are the compliance figures for a 7-minute first apparatus on scene standard. OI d a 100 90 80 70 60 50 10 30 20 10 0 Station Compliance Percentage for 1st Apparatus On Scene at 7 Minutes by Year 31 Station 34 ■ FY 07/08 ■ FY OMR El FY 05/06 Volume 3—National City Fire Department Statistical Appendix page 16 ;;ram First apparatus on scene compliance is best from mid -morning to early evening. It falls below 50 percent during early morning hours. 100 90 BO 70 a 50 40 60 30 20 10 0 Hourly Compliance Percentage for 1st Apparatus On Scene at 6 Minutes by Year f8 a 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Hour of Day Its FY 07/08 ® FY 06/07 0 FY 05i06 Compliance rises using a 7-minute first apparatus on scene standard. Notice during daytime several hours meet a 90 percent compliance standard. 100 90 80 70 60 50 40 30 20 10 0 Hourly Compliance Percentage for 1st Apparatus On Scene at 7 Minutes by Year a-- ■ 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Hour of Day III FY 07109 III FY 06/97 ❑ FY 05/06 The graph below illustrates the number of incidents by response time minute by year. This pattern is fairly consistent in each year. Notice the increase in incidents in FY 07/08 appears to be in incidents with longer 5 and 6-minute first apparatus on scene times. Volume 3—National City Fire Department Statistical Appendix 17 page cr. emt es:r,a L i� TTi Number of Incidents 1200 1100 1000 930 800 700 611,0 5_00 400 300 200 100 5 Erectile for Incidents 1st Apparatus On Scene - 12.075 Responses by Year 70 ® FY 07108 0 F1'0....5107 0 FY05.,06 Il .n ® 0 n n B ❑ 17. ,. ❑ ❑.. a . p-..,-D--❑ ❑ ❑ ❑ _ 0.. ❑-- J 2 3 4 5 6 3 9 10 11 12 13 14 15 16 17 18 19 20 Minute The chart below provides a break down of response statistics by station area. These stats are for all incidents in NCFD station areas during the 36-month study period. Sta. 34 31 Resp. 9,018 5,136 % Fire 2.94% 2.02% % EMS 81.40% 86.23% Other Per Day Median RT 15.66% 11.74% 8.23 4.69 4.87 5.50 This chart illustrates the number of incidents broken down by station area by year. Notice the number of incidents per station increases slightly in each year. 3200 3000 2800 2800 2400 2200 2000 N 1800 c • 1600 •a • 1400 1200 1000 800 600 400 200 0 Number of Incidents by Station by Year 31 Station Volume 3—National City Fire Department Statistical Appendix 34 • FY 07/08 • FY 06/07 ❑ FY 05/06 age 18 P 9 c rut ms oatt< tF: Call Processing Fractiles Call processing time measures the time from the start of the CAD record until the time one or more apparatus are dispatched. There are 14,063 incident records being analyzed. 424 records were ignored because of a zero time value. Call Processing <= 00:00:00 .0% (0) Call Processing <= 00:00:15 2.9% (401) Ca11 Processing <= 00:00:30 34.3% (4,684) Ca11 Processing <= 00:00:45 67.1% (9,153) Call Processing <= 00:01:00 83.7% (11,416) Call Processing <= 00:01:15 90.6% (12,361) Ca11 Processing <= 00:01:30 93.9% (12,801) Ca11 Processing <= 00:01:45 95.9% (13,080) Call Processing <= 00:02:00 96.9% (13,215) Call Processing <= 00:02:15 97.7% (13,323) Ca11 Processing <= 00:02:30 98.3% (13,403) Call Processing <= 00:02:45 98.7% (13,459) Ca11 Processing <= 00:03:00 99.0% (13,501) Ca11 Processing <= 00:03:15 99.2% (13,535) Ca11 Processing <= 00:03:30 99.4% (13,555) Call Processing <= 00:03:45 99.5% (13,564) Call Processing <= 00:04:00 99.6% (13,578) Call Processing <= 00:04:15 99.6% (13,591) Call Processing <= 00:04:30 99.7% (13,598) Ca11 Processing <= 00:04:45 99.7% (13,602) Call Processing <= 00:05:00 99.8% (13,608) Median Call Processing 00:00:37 (.62 minutes) Average Ca11 Processing 00:01:29 (1.48 minutes) 100 90 80 70 60 50 40 30 20 10 0 Hourly Compliance Percentage for Call Processing at 1 Minutes 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Hour of Day Volume 3—National City Fire Department Statistical Appendix page 19 ;c>: r itAll u: Turnout time measures the time from the fire crew receiving dispatch notification until they begin traveling to the scene of the emergency. There are 14,063 incident records being analyzed. 1,985 records were ignored because of a zero time value. Turnout <= 00:00:00 .0% (0) Turnout <= 00:00:15 1.6% (190) Turnout <= 00:00:30 2.9% (353) Turnout <= 00:00:45 5.8% (701) Turnout <= 00:01:00 10.4% (1,261) Turnout <= 00:01:15 21.9% (2,650) Turnout <= 00:01:30 37.7% (4,549) Turnout <= 00:01:45 53.5% (6,457) Turnout <= 00:02:00 66.5% (8,030) Turnout <= 00:02:15 76.6% (9,252) Turnout <= 00:02:30 84.3% (10,186) Turnout <= 00:02:45 90.1% (10,880) Turnout <= 00:03:00 93.9% (11,336) Turnout <= 00:03:15 96.3% (11,627) Turnout <= 00:03:30 97.9% (11,825) Turnout <= 00:03:45 98.9% (11,942) Turnout <= 00:04:00.99.2% (11,980) Turnout <= 00:04:15 99.4% (12,006) Turnout <= 00:04:30 99.6% (12,025) Turnout <= 00:04:45 99.7% (12,036) Turnout <= 00:05:00 99.7% (12,044) Median Turnout 00:01:42 (1.7 minutes) Average Turnout 00:02:30 (2.49 minutes) Volume 3—National City Fire Department Statistical Appendix page 20 ',min! fttiOr ft u: Here is a comparison of turnout times by station. First using a 1-minute standard then using a 2- minute turnout time standard. 100 90 80 70 60 . 50 a 30 30 20 100 90 80 70 60 50 40 30 20 10 0 Station Compliance Percentage for Tumout at 1 Minutes by Year 31 Station 34 Station Compliance Percentage for Turnout at 2 Minutes by Year 31 Station 34 ® FY 07i08 IN FY 05107 ❑ FY 05106 111 FY 07A08 . FY 06i07 ❑ FY 05/06 Volume 3—National City Fire Department Statistical Appendix page 21 0. t v-471/5 tk_ Here is a comparison of turnout time compliance by hour of day. The first graph illustrates compliance with a 1-minute standard. Compliance does not reach 30 percent at any time of day. 100 90 80 70 60 50 40 30 20 10 u Hourly Compliance Percentage for Turnout at 1 Minutes by Year 6:1 re- 8 wa 00 01 02 03 03 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Hour of Day ■ Fl 07;08 FY 05/07 0 FY 05:05 Here is compliance with a 2-minute standard. Compliance does not reach 90 percent at any time of day. Notice below midnight to 5:00am turnout time compliance less than 20 percent. a 100 90 80 70 60 50 40 30 20 10 0 Hourly Compliance Percentage for Turnout at 2 Minutes by Year s, dry I ■ 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Hour of Day ■ FY 07/08 ■ FY 06107 ❑ FY 05/06 Travel Time Fractiles Travel time measures the time it takes a company to travel to the scene of a fire or EMS incident. This measure begins at wheels turning and ends when the apparatus arrives on the scene. There are 14,063 Incident records being analyzed. 1,977 records were ignored because of a zero time value. Volume 3—National City Fire Department Statistical Appendix page 22 xalt n;ae n II: Travel <= 00:00:00 .0% (0) Travel <= 00:00:15 .5% (57) Travel <= 00:00:30 1.0% (126) Travel <= 00:00:45 2.2% (267) Travel <= 00:01:00 4.2% (509) Travel <= 00:01:15 7.3% (888) Travel <= 00:01:30 11.5% (1,389) Travel <= 00:01:45 17.4% (2,102) Travel <= 00:02:00 25.4% (3,064) Travel <= 00:02:15 34.4% (4,160) Travel <= 00:02:30 44.0% (5,318) Travel <= 00:02:45 52.9% (6,389) Travel <= 00:03:00 60.7% (7,342) Travel <= 00:03:15 67.2% (8,116) Travel <= 00:03:30 72.9% (8,813) Travel <= 00:03:45 77.9% (9,414) Travel <= 00:04:00 81.8% (9,885) Travel <= 00:04:15 85.0% (10,275) Travel <= 00:04:30 87.3% (10,546) Travel <= 00:04:45 89.2% (10,779) Travel <= 00:05:00 90.7% (10,965) Travel <= 00:05:15 92.0% (11,117) Travel <= 00:05:30 93.0% (11,241) Travel <= 00:05:45 94.1% (11,368) Travel <= 00:06:00 94.7% (11,447) Travel <= 00:06:15 95.3% (11,517) Travel <= 00:06:30 95.7% (11,565) Travel <= 00:06:45 96.1% (11,617) Travel <= 00:07:00 96.5% (11,665) Travel <= 00:07:15 96.9% (11,717) Travel <= 00:07:30 97.3% (11,762) Travel <= 00:07:45 97.6% (11,790) Travel <= 00:08:00 97.8% (11,816) Travel <= 00:08:15 97.9% (11,837) Travel <= 00:08:30 98.1% (11,856) Travel <= 00:08:45 98.2% (11,871) Travel <= 00:09:00 98.4% (11,889) Travel <= 00:09:15 98.5% (11,904) Travel <= 00:09:30 98.6% (11,919) Travel <= 00:09:45 98.7% (11,928) Travel <= 00:10:00 98.8% (11,936) Median Travel 00:02:41 (2.68 minutes) Average Travel 00:03:04 (3.07 minutes) Volume 3—National City Fire Department Statistical Appendix page 23 (Rug sao,,; 80 70 • 60 • 50 30 20 10 0 Below is a breakdown of travel time compliance by station and by year. 100 90 80 70 80 00 a_ 40 30 20 10 0 Station Compliance Percentage for Travel at 4 Minutes by Year 31 Station 34 ® FY 07158 FY 05107 ❑ FY 05i36 Here is the breakdown of travel time compliance by hour of day by year. Notice compliance averages a fairly flat 80 percent during the day. 100 Hourly Compliance Percentage for Travel at 4 Minutes by Year 90 a to 8• ■ d ■ a- -0'- ■ 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Hour of Day 11 FY 07/08 S FY 06/07 ❑ FY 05/06 Simultaneous Incident Activity A simultaneous alarm occurs when an incident originates before a prior incident has terminated. This section quantifies simultaneous or overlapping incidents. When two or more incidents occur at the same time, fire department resources are taxed. Examining incident data for the 36-month study period shows 17.65 percent of incidents occurred when National City was already engaged in other response activity. Volume 3—National City Fire Department Statistical Appendix page 24 7t Here is the breakdown by number of incidents: At least 2 Incidents occurring at the same time 17.65% At least 3 Incidents occurring at the same time 1.86% At least 4 Incidents occurring at the same time .10% This chart below illustrates the number of simultaneous incidents. "000", "001", "002", etc. indicate the number of incidents underway when a new the incident originated. Number of Incidents by Simultaneous Incident Count 12000 11000 10000 9000 8000 N 6000 0 C 7000 5000 1000 3000 2000 1000 0 000 001 Number of Simultaneous Incidents Volume 3—National City Fire Department Statistical Appendix 002 003 page 25 0 ;rKaat ffiS:;I .; The graph below illustrates the hourly distribution of 2 or more (17.65 percent) simultaneous incidents for the 36-month analysis period. This graph shows an increase in the number of simultaneous alarms in FY 07/08 during the early morning hours, the noon hour and 3:00pm. 90 85 80 7: 70 6: 60 55 c 50 45 c 40 35 30 25 20 15 10 5 0 Number of Simultaneous Incidents by Hour of Day by Year ■ j O- ■ r fa CI ■ 0 ■ ■ ■ b a ■ 6 a 8 B- ■ m n-. ■ B O B' i' m ■ 0' 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Hour of Day FY 07i38 I� FY 06r37 0 FY 05i06 The following graph illustrates the affect of multiple simultaneous incidents on first apparatus arrival compliance at 6-minutes. This data is for the 36-month analysis period. Notice how response time compliance decreases as the number of simultaneous incidents increase. 75 70 65 60 55 50 45 t0 40 C 35 CI! 30 25 20 15 10 5 0 000 First Due Compliance Percentage by Simultaneous Incident Count 001 (dumber of Simultaneous Incidents Volume 3—National City Fire Department Statistical Appendix 002 003 page 26 ;, rrfl n i :<i t. iL ,I;teitr rrf'Sinruliuiwor s Inch -lofts ux Respondrn The graph below illustrates that 95 percent of all incidents can be handled with 8 or fewer responders. 100 95 90 B5 80 75 70 65 60 SP. 55 50 45 40 35 30 25 20 15 10 5 0 Cumulative Percentage by the Number of Responders per Incident 001 002 003 004 005 006 007 008 009 010 011 012 013 014 015 016 017 021 030 040 Number o/Responders per Inadent However, because of incidents overlap the number of responders required to handle incident overlap drives the number of responders required for 95 percent incident coverage much higher. 100 95 90 85 80 75 70 65 60 55 50 45 a 40 35 30 25 20 15 10 5 0 Cumulative Percentage by Total Responders to Overlapping Incidents _1MININIINIIIII111-1 ' INEINIIIIONIMMINIII _-1'1 MIME EMIL 10111111111 IIIN �r1 INN Ell NM IIIM IIIM INIII • •, , 00 003 004 005 006 007 008 009 010 011 012 013 014 015 016 017 018 019 020 021 022 024 025 030 Total Responders (Overlapping Incidents) Here, based on simultaneous incident history, incident overlap requires 12 responders to cover 95 percent of incident activity. Volume 3—National City Fire Department Statistical Appendix 27 page ;mt rsaolts u: i�7arc itiiieO1 WA by S!aliufi Another way to measure simultaneous responses is when simultaneous incidents occur within the same station area. National City experiences simultaneous incidents within the same station area 7.27 percent of the time. Here is a graph illustrating the station areas experiencing simultaneous incidents within their respective station areas. Notice simultaneous incident activity is most likely to occur in station area 34. Station area 34 experiences increased simultaneous activity with each passing year. 340 320 300 280 260 240 220 g. 200 `c 0 180 160 140 120 100 80 60 40 20 0 Number of Simultaneous Incidents by Station Area by Year 31 Station 34 M FY 07'38 ® FY 05i07 0 FY 05;36 Interdepartmental Aid Interdepartmental aid quantifies the number of incidents in which the fire department received tactical assistance for other fire departments or provided assistance to other fire departments. During 36 months of available data aid types breakdown as follows: Aid Type Received Given None Count 265 179 14,436 Volume 3—National City Fire Department Statistical Appendix rt page 28 .r.:nu r :;; «: Data suggests incidents involving aid (received or given) account for 2.98 percent of incidents in National City. This means inter -departmental aid plays only a small role in fire service delivery. Here is a summary: Department Aid Report for National City Fire Department: Total Incidents: 14,880 Incidents Involving Aid: 444 Percentage: 2.98% Aid Incidents for Fires: 105 Percentage: 23.65% Aid Incidents for EMS: 33 Percentage: 7.43% Aid Incidents for Others: 306 Percentage: 68.92% Incidents Involving Aid Received: 265 Percentage: 59.68%. Incidents Involving Requested Aid Received: 15 Percentage: 3.38% Incidents Involving Automatic Aid Received: 250 Percentage: 56.31% Incidents Involving Aid Given: 179 Percentage: 40.32%. Incidents Involving Requested Aid Given: 15 Percentage: 3.38% Incidents Involving Automatic Aid Given: 164 Percentage: 36.94% Incidents Involving Other Types of Aid Given: . Percentage: .00% 150 140 130 120 110 100 90 80 TO 60 50 40 Aid Activity by Incident Type for National City Fire Department 30 20 10 0 1. Received 2. Rec,0 ed Auto Inddent Type 3. Given 4. Given -Auto Fires 11 EMS ❑ Other Apparatus Movements Inside Department Station Areas Apparatus are assigned to respond within defined station areas. This section quantifies major apparatus operations inside their assigned station areas as well as operations that cross station boundaries into other station areas. Volume 3—National City Fire Department Statistical Appendix neeeesemeesseeemew page 29 ((via veKil?r .r. The table below lists each station area in a column. The rows represent companies with the numbers in the rows representing the number of company operations by station area. Red numbers indicate the number of aid responses to and from other station areas. Red.also indicates the percentage of aid•operations both by apparatus and station area. All primary engine company responses for the three years of data are included. Notice E31 responds into Station 34's district for 17.76 percent of its responses. Conversely, engine company E34 responds into Station 31's district for only 1.28 percent of its responses. E34 31 92 34 7,054 Totals 7,146 i Aid 92 Aid % 1.28% E31 4,811 1,039 5,850 1.039 17.76% T34 405 3,023 3,428 405 11.81% B57 84 801 885 84 9.49'3 R34 65 278 343 65 18.95% E234 19 241 260 19 7.30% Totals 5,476 12,436 17,912 Aid 665 1:039 1,704 Aid % 12.14% 13.02% 9.51% First Alarm Compliance Measuring the time it takes the first apparatus to arrive on the scene is very important. Equally important is the amount of time it takes a full first alarm assignment to reach the scene of structure fires and emergencies requiring an organized multi -company response. In National City, a first alarm assignment has been defined as the response of two engines and one ladder. For this analysis we will focus on the time it takes these NCFD companies to reach to scene. Here is the fractile breakdown for all fires where 2 engines and one ladder arrived on the scene. In order to exclude delayed requests for relief companies only first alarm assignments arriving within 20 minutes were considered. Also, all "Aid" responses to outside communities have been eliminated from this calculation. Note: The response from other communities' engine and ladder companies could not be included. There are 62 incident records being analyzed. 1st Alarm On Scene <= 00:00:00 .0% (0) 1st Alarm On Scene <= 00:00:15 .0% (0) 1st Alarm On Scene <= 00:00:30 .0% (0) 1st Alarm On Scene <= 00:00:45 .0% (0) 1st Alarm On Scene <= 00:01:00 .0% (0) 1st Alarm On Scene <= 00:01:15 .0% (0) Volume 3—National City Fire Department Statistical Appendix FIN.. page 30 xa:.t: 1st Alarm On Scene <= 00:01:30 .0% (0) 1st Alarm On Scene <= 00:01:45 .0% (0) 1st Alarm On Scene <= 00:02:00 .0% (0) 1st Alarm On Scene <= 00:02:15 .0% (0) 1st Alarm On Scene <= 00:02:30 .0% (0) 1st Alarm On Scene <= 00:02:45 .0% (0) 1st Alarm On Scene <= 00:03:00 .0% (0) 1st Alarm On Scene <= 00:03:15 .0% (0) 1st Alarm On Scene <= 00:03:30 .0% (0) 1st Alarm On Scene <= 00:03:45 .0% (0) 1st Alarm On Scene <= 00:04:00 .0% (0) 1st Alarm On Scene <= 00:04:15 .0% (0) 1st Alarm On Scene <= 00:04:30 .0% (0) 1st Alarm On Scene <= 00:04:45 .0% (0) 1st Alarm On Scene <= 00:05:00 .0% (0) 1st Alarm On Scene <= 00:05:15 1.6% (1) 1st Alarm On Scene <= 00:05:30 3.2% (2) 1st Alarm On Scene <= 00:05:45 4.8% (3) 1st Alarm On Scene <= 00:06:00 8.1% (5) 1st Alarm On Scene <= 00:06:15 9.7% (6) 1st Alarm On Scene <= 00:06:30 14.5% (9) 1st Alarm On Scene <= 00:06:45 25.8% (16) 1st Alarm On Scene <= 00:07:00 30.6% (19) 1st Alarm On Scene <= 00:07:15 37.1% (23) 1st Alarm On Scene <= 00:07:30 40.3% (25) 1st Alarm On Scene <= 00:07:45 51.6% (32) 1st Alarm On Scene <= 00:08:00 54.8% (34) 1st Alarm On Scene <= 00:08:15 58.1% (36) 1st Alarm On Scene <= 00:08:30 64.5% (40) 1st Alarm On Scene <= 00:08:45 71.0% (44) 1st Alarm On Scene <= 00:09:00 74.2% (46) 1st Alarm On Scene <= 00:09:15 75.8% (47) 1st Alarm On Scene <= 00:09:30 77.4% (48) 1st Alarm On Scene <= 00:09:45 79.0% (49) 1st Alarm On Scene <= 00:10:00 79.0% (49) 1st Alarm On Scene <= 00:10:15 80.6% (50) 1st Alarm On Scene <= 00:10:30 80.6% (50) 1st Alarm On Scene <= 00:10:45 80.6% (50) 1st Alarm On Scene <= 00:11:00 82.3% (51) 1st Alarm On Scene <= 00:11:15 85.5% (53) 1st Alarm On Scene <= 00:11:30 85.5% (53) 1st Alarm On Scene <= 00:11:45 87.I% (54) 1st Alarm On Scene <= 00:12:00 87.1% (54) 1st Alarm On Scene <= 00:12:15 90.3% (56) 1st Alarm On Scene <= 00:12:30 90.3% (56) 1st Alarm On Scene <= 00:12:45 90.3% (56) Volume 3-National City Fire Department Statistical Appendix page 31 uclig t;.2(e,r. u: 1st Alarm On Scene <= 00:13:00 93.5% (58) 1st Alarm On Scene <= 00:13:15 93.5% (58) 1st Alarm On Scene <= 00:13:30 93.5% (58) 1st Alarm On Scene <= 00:13:45 93.5% (58) 1st Alarm On Scene <= 00:14:00 93.5% (58) 1st Alarm On Scene <= 00:14:15 95.2% (59) 1st Alarm On Scene <= 00:14:30 95.2% (59) 1st Alarm On Scene <= 00:14:45 95.2% (59) 1st Alarm On Scene <= 00:15:00 95.2% (59) 1st Alarm On Scene <= 00:15:15 95.2% (59) 1st Alarm On Scene <= 00:15:30 95.2% (59) 1st Alarm On Scene <= 00:15:45 95.2% (59) 1st Alarm On Scene <= 00:16:00 96.8% (60) 1st Alarm On Scene <= 00:16:15 98.4% (61) 1st Alarm On Scene <= 00:16:30 98.4% (61) 1st Alarm On Scene <= 00:16:45 98.4% (61) 1st Alarm On Scene <= 00:17:00 100.0% (62) Median 1st Alarm On Scene 00:07:41 (7.68 minutes) Average 1st Alarm On Scene 00:08:34 (8.55 minutes) This fractile graph illustrates first alarm arrival by minute. Factile for Incidents 1st Alarm On Scene - 62 Responses Number of Incidents 15 14 13 12 11 10 9 8 6 4 32 0 ---_------- -_-_-_-_--_ -_-I �--_111•111111_--- �I --- -- 0 2 3 4 5 6 7 8 9 10 11 Minute Here are the same text calculations for structure fires only. There are 33 incident records being analyzed. 1st Alarm On Scene <= 00:00:00 .0% (0) 1st Alarm On Scene <= 00:00:15 .0% (0) 1st Alarm On Scene <= 00:00:30 .0% (0) 1st Alarm On Scene <= 00:00:45 .0% (0) 12 13 Volume 3—National City Fire Department Statistical Appendix 14 15 16 17 18 19 20 page 32 Or r, ;7a;t: 1st Alarm On Scene <= 00:01:00.0% (0) 1st Alarm On Scene <= 00:01:15 .0% (0) 1st Alarm On Scene <= 00:01:30 .0% (0) 1st Alarm On Scene <= 00:01:45 .0% (0) lst Alarm On Scene <= 00:02:00 .0% (0) 1st Alarm On Scene <= 00:02:15 .0% (0) 1st Alarm On Scene <= 00:02:30 .0% (0) 1st Alarm On Scene <= 00:02:45 .0% (0) 1st Alarm On Scene <= 00:03:00 .0% (0) 1st Alarm On Scene <= 00:03:15 .0% (0) 1st Alarm On Scene <= 00:03:30 .0% (0) 1st Alarm On Scene <= 00:03:45 .0% (0) 1st Alarm On Scene <= 00:04:00 .0% (0) 1st Alarm On Scene <= 00:04:15 .0% (0) 1st Alarm On Scene <= 00:04:30 .0% (0) 1st Alarm On Scene <= 00:04:45 .0% (0) 1st Alarm On Scene <= 00:05:00 .0% (0) 1st Alarm On Scene <= 00:05:15 .0% (0) 1st Alarm On Scene <= 00:05:30 .0% (0) 1st Alarm On Scene <= 00:05:45 .0% (0) 1st Alarm On Scene <= 00:06:00 3.0% (1) 1st Alarm On Scene <= 00:06:15 6.1% (2) 1st Alarm On Scene <= 00:06:30 12.1 % (4) 1st Alarm On Scene <= 00:06:45 27.3% (9) lst Alarm On Scene <= 00:07:00 27.3% (9) 1st Alarm On Scene <= 00:07:15 33.3% (11) lst Alarm On Scene <= 00:07:30 33.3% (11) 1st Alarm On Scene <= 00:07:45 42.4% (14) 1st Alarm On Scene <= 00:08:00 48.5% (16) 1st Alarm On Scene <= 00:08:15 54.5% (18) 1st Alarm On Scene <= 00:08:30 54.5% (18) 1st Alarm On Scene <= 00:08:45 60.6% (20). 1st Alarm On Scene <= 00:09:00 66.7% (22) 1st Alarm On Scene <= 00:09:15 66.7% (22) 1st Alarm On Scene <= 00:09:30 69.7% (23) 1st Alarm On Scene <= 00:09:45 69.7% (23) 1st Alarm On Scene <= 00:10:00 69.7% (23) 1st Alarm On Scene <= 00:10:15 69.7% (23) 1st Alarm On Scene <= 00:10:30 69.7% (23) 1st Alarm On Scene <= 00:10:45 69.7% (23) 1st Alarm On Scene <= 00:11:00 72.7% (24) 1st Alarm On Scene <= 00:11:15 78.8% (26) 1st Alarm On Scene <= 00:11:30 78.8% (26) 1st Alarm On Scene <= 00:11:45 81.8% (27) 1st Alarm On Scene <= 00:12:00 81.8% (27) 1st Alarm On Scene <= 00:12:15 87.9% (29) Volume 3-National City Fire Department Statistical Appendix page 33 crvut s tiro , 1 st Alarm On 1st Alarm On 1st Alarm On 1st Alarm On 1st Alarm On 1st Alarm On 1st Alarm On Scene <= 00:12:30 87.9% (29) Scene <= 00:12:45 87.9% (29) Scene <= 00:13:00 87.9% (29) Scene <= 00:13:15 87.9% (29) Scene <= 00:13:30 87.9% (29) Scene <= 00:13:45 87.9% (29) Scene <= 00:14:00 87.9% (29) 1st Alarm On Scene <= 00:14:15 90.9% (30) 1st Alarm On 1st Alarm On 1st Alarm On 1st Alarm On 1st Alarm On 1st Alarm On 1 st Alarm On 1st Alarm On 1st Alarm On 1st Alarm On 1st Alarm On Scene <= 00:14:30 Scene <= 00:14:45 Scene <= 00:15:00 Scene <= 00:15:15 Scene <= 00:15:30 Scene <= 00:15:45 Scene <= 00:16:00 Scene <= 00:16:15 Scene <= 00:16:30 Scene <= 00:16:45 Scene <= 00:17:00 90.9% (30) 90.9% (30) 90.9% (30) 90.9% (30) 90.9% (30) 90.9% (30) 93.9% (31) 97.0% (32) 97.0% (32) 97.0% (32) 100.0% (33) Median 1st Alarm On Scene 00:07:58 (7.97 minutes) Average 1st Alarm On Scene 00:09:12 (9.20 minutes) Station Statistical Summary This section provides a statistical comparison of each station area. Deployment Compliance measures the speed (15t apparatus arrival) and weight (1st alarm arrival) in a station area. The Response Reliability graph provides related information about the performance of the primary engine company in its assigned station area. Overall Summary -. 3 fears of !)ata Station 31 34 Incidents 90% 1s1 on Scene % at 6:00 5,136 9,018 8:15 7:45 62.1% 74.2% % at 7:00 80.2% 86.1 Volume 3—National City Fire Department Statistical Appendix page 34 u tit th,<Y1 , E: Compliance Percentage Compliance Percentage 106 so 60 40 20 0 100 B0 60 40 20 0 Deployment Compliance - Station 31 (5,136) 6 Min / 10 Min 93 1st Due Co. 2nd Due Co Deployment 1st Alarm Antal Deployment Compliance - Station 31 (5,136) 7 Min / 11 Min ■ 1st Alarm • 1 Co. ■ ■ 1st Due Co 2nd Due Co. Deployment 1st Alarm AMval Volume 3—National City Fire Department Statistical Appendix 1stMarm • 1 Co. page 35 snE�i nsszzin. Ik 0 Below is the Response Reliability graph for Engine 31 operating in the Station 31 response area with a 6-minute on scene goal. Station 31 Compliance 100 80 60 40 20 0 100 80 60 40 E31 Reliability Response Reliability - E31 in Station Area 31 fl Volume 3—National City Fire Department Statistical Appendix 20 0 36 page c: att .ws �t' tk: Here is the same engine company and station area measured with a 7-minute on scene goal. Stanon 34 100 eo Compliance Percentage 60 40 20 0 Station 31 Compliance 100 80 G0 40 20 Response Reliability - E31 in Station Area 31 0 100 80 60 40 20 0 E31 Reliability Deployment Compliance - Station 34 (9,018) 6 Min 110 Min 1st Due Co. 2no Due Co Deployment 1st Alarm u at Volume 3—National City Fire Department Statistical Appendix 1st.uarm . 1 Co. page 37 craai�ttu uc Compliance Percentage 100 80 60 40 20 Deployment Compliance - Station 34 (9,018) 7 Min / 11 Min W '1st Due Co. 2nd Due Co. Deployment 1st AJarn'Arn:al 1st Alarm. 1 Co Below is the Response Reliability graph for Engine 34 operating in the Station 34 response area with a 6-minute on scene goal. Station 34 Compliance 100 80 60 40 20 0 100 80 60 40 E34 Reliability Response Reliability - E34 in Station Area 34 D Volume 3—National City Fire Department Statistical Appendix 20 0 bait page 38 cmg;:{ u. Here is the same engine company and station area measured with a 7-minute on scene goal. Station 34 Compliance 100 80 60 40 20 0 Response Reliability - E34 in Station Area 34 100 80 60 40 E34 Reliability Volume 3—National City Fire Department Statistical Appendix 20 0 page 39 u!timt m,was �K ITEM #3 2/17/09 Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of January 20, 2009 (City Clerk) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 17, 2009 AGENDA ITEM NO. 4 ITEM TITLE Resolution of the City Council of National City awarding a contract to L.B. Civil Construction, Inc., in the amount of $1,060,500.30 for construction improvements associated with the Bay Marina Drive Widening Project funded by Tax Increment Fund. PREPARED BY Barby Tipton EXPLANATION See attached DEPARTMENT Engineering EXT. 4583 } Environmental Review X N/A MIS Approval Financial Statement Approved By: The total estimated cost with a 10% contingency is $1,166,550.33. Funds are av ilableTrf expenditure account 511-409-500-598-3842 (Marina Gateway Improvements). $400,000 of construction costs will be reimbursed by an MOU between the City of National City and the San Diego Unified Port District Account No. 511-409-500-598-3842 STAFF RECOMMENDATION Adopt the Resolu on. BOARD / COMM! 1 • N RECOMM DATION N/A • ATTACHMENTS (Listed Below) Resolution No., 1. Resolution 2. Bid Opening Information Sheet 3. Bid Proposal Spreadsheet for the 3 lowest bidders 4. Explanation 5. L.B. Civil Construction, Inc Biography A-200 (Rev. 7/03) J EXPLANATION: The project involves construction of improvements along Bay Marina Drive (West 24th Street) from Cleveland Avenue to Marina Way (Harrison Street) within the Harbor District Specific Area Plan (HDSAP) and with the Commercial Tourist -Coastal Zone (CT -CZ). The improvements consists of widening the south side of Bay Marina Drive between Harrison Avenue/Marina Way and Cleveland Avenue; demolition of existing paving, berm, curb and gutter; removal of existing overhead utilities and power poles and under - grounding the utilities; removal of existing railroad tracks, under -drains and warning devices; removal of existing traffic signage and striping and replace with new; install new curb gutter sidewalk, dike and pedestrian ramps; new landscaping and irrigation; decorative street lighting and tree up -lighting; Lithocrete concrete paving, traffic signal modification at Bay Marina Drive and Harrison Avenue, new sewer manhole and lateral, traffic signal conduit and pull boxes for future signal; and the closing of Harrison Avenue to through traffic. On January 26, 2009, twelve bids for the Bay Marina Drive Project were opened. (Please see attached Bidders' Proposal Sheet for details of the 3 lowest bidders.) The apparent lowest bidder, L.B. Civil Construction, Inc came in at $1,060,500.30. A 10% contingency has been added at a cost of $106,050 for a total estimated cost of $1,166,550.33. Other items on today's agenda, for approval, that are associated with this project include testing for soil compaction, concrete and asphalt; project coordination/management; inspections; and utility facility undergrounding RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO L.B. CIVIL CONSTRUCTION, INC., IN THE AMOUNT OF $1,060,500.30 FOR CONSTRUCTION IMPROVEMENTS ASSOCIATED WITH THE BAY MARINA DRIVE WIDENING PROJECT WHEREAS, the Engineering Department, in open session on January 26, 2009, did publicly open, examine, and declare twelve sealed bids for construction improvements associated with the Bay Marina Drive Widening Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for construction improvements associated with the Bay Marina Drive Widening Project to the lowest responsive, responsible bidder, to wit: L.B. CIVIL CONSTRUCTION, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $1,060,500.30 with L.B. Civil Construction, Inc., for construction improvements associated with the Bay Marina Drive Widening Project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of February, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CALIFORNIA N ATI.UN1AL Cif Ty rNCORPORATED BID OPENING SPECIFICATION NUMBER: 08-13 PROJECT TITLE: BAY MARINA DRIVE WIDENING TIME: 3:00 P.M. ESTIMATE: $ 1,199,000.00 PROJECT ENGINEER: Barb v Tinton/Bvron W. NO. BIDDER'S NAME (PAGE 13-14) BID AMOUNT (PAGE 15) ADDENDA (PAGE 13) BID SECURITY (PAGE I9-CHECK (PAGE 20 -BOND) 1. L.B. Civil Construction 10650 Treena Street, Ste 212 San Diego, CA 92120 $1,060,500.36 1,2,3 Bond 2. Heffler Company 1800 McKinley Avenue, Ste. A National City, CA 91950 51,078,404.94 1,2,3 Bond 3. Kock -Armstrong 15315 Olde Hwy 80 El Cajon, CA 92021 $1,108.036.15 1,2,3 Bond 4. HTA Engineering 12520 Kirkham Court, Ste. 8 Poway, CA 92064 $1,136,647.00 1,2,3 Bond 5. 3-D Enterprises 2180 Garnet #2C San Diego, CA 92109 $1,196,145.00 1,2,3 Bond 6. Palm Engineering 3770 flamcock Street, Ste. H San Diego, CA 92110 $1,241,083.25 1,2,3 Bond 7. Sierra Pacific West Inc. P.O. Box 231640 Encinitas, CA 92023 $1,274,456.14 1,2,3 Bond 8. Sheidel Contracting, Inc. P.O. Box 1796 La Mesa, CA 991944 $1,347,635.68 1,2,3 Bond 9. New Century Construction 9119 Emerald Grove Avenue Lakeside, Ca 92040 81,463,343.00 1,2,3 Bond 10. West Coast General 13685 Stowe Drive, Ste. B Poway, Ca 920640 $1,466,054.03 1,2,3 Bond 11 Zondiros Corporation 1833 Diamond Street , Suite 201 San Marcos, CA 92078 S1,590,155.00 1,2,3 Bond 12. MJC Construction 3015 Sylvia Street Bonita, Ca 91902 NON- RESPONSIVE 1,2,3 Bond Bid Results Bay Marina Drive Widening Project Specification 08-13 Engineer's Cost Estimate L.B. Civil Low Bidder Construction, #1 Inc Low Bidder Heffler #2 Company Low Bidder Kock - #3 Armstrong NO. ITEM QTY UNIT UNIT PRICE Amount UNIT PRICE Amount UNIT PRICE Amount UNIT PRICE Amount 1 Mobilization 1 LS $ 10,000.00' $ 10,000.00 $ 55,000.00 $ 55,000.00 $ 5,000.00 $ 5,000.00 $ 19,655.00 $ 19,655.00 2 Water Pollution Control Implementation 1 LS $ 11,000.00 $ 11,000.00 $ 9,000.00 $ 9,000.00 $ 5,000.00 $ 5,000.00 $ 9,335.00 S 9,335.00 3 Clearing & Grubbing 1 LS $ 3,000.00 $ 3,000.00 $ 4,000.00 $ 4,000.00 $ 25,000.00 $ 25,000.00 $ 34,335.00 $ 34,335.00 4 AC Grind & Overlay 4506 SF $ 0.45 $ 2,027.70 $ 2.00 $ 9,012.00 $ 3.02 $ 13,608.12 $ 3.00 $ 13,518.00 5 7.5" AC over 6" Base (Within ROW) 7654 SF $ 7.00 $ 53,578.00 $ 7.50 $ 57,405.00 $ 4.87 $ 37,274.98 $ 7.25 $ 55,491.50 6 4' Sidewalk per SDRSD G-7 8642 SF $ 7 50 $ 64,815.00 $ 4.50 $ 38,889.00 $ 5.00 $ 43,210.00 $ 3.90 $ 33,703.80 7 Modified Ped Ramp (CT A88A) 1 EA $ 1,200.00 $ 1,200.00 $ 2,300.00 $ 2,300.00 $ 1,300.00 $ 1,300.00 $ 2,040.00 $ 2,040.00 8 Sawcut 1612 LF $ 3.00 $ 4,836.00 $ 1.70 $ 2,740.40 $ 3.00 $ 4,836.00 $ 2.65 $ 4,271.80 9 Street Light 3 EA $ 5,500.00 $ 16,500.00 $ 8,500.00 $ 25,500.00 $ 7,340.00 $ 22,020.00 $ 11,710.00 $ 35,130.00 10 Traffic Signal 1 LS $ 90,000.00 $ 90,000.00 $ 30,000.00 $ 30,000.00 $ 29,000.00 $ 29,000.00 $ 37,380.00 $ 37,380.00 11 Remove Existing Curb & Gutter 593 LF $ 3.50 $ 2,075.50 $ 5.00 $ 2,965.00 $ 5.00 $ 2,965.00 $ 8.00 $ 4,744.00 12 Remove Existing Type "A" Dike 53 LF $ 5.00 $ 265.00 $ 6.00 $ 318.00 $ 10.00 $ 530.00 $ 13.00 $ 689.00 13 Remove Striping 1589 LF $ 3.00 $ 4,767.00 $ 1.20 $ 1,906.80 $ 1.00 $ 1,589.00 $ 1.25 $ 1,986.25 14 Striping 4108 LF $ 1.00 $ 4,108.00 $ 0.35 $ 1,437.80 $ 0.55 $ 2,259.40 $ 0.50 $ 2,054.00 15 Temporary Traffic 1 Ls $ 24,000.00 $ 24,000.00 $ 6,500.00 $ 6,500.00 $ 49,800.00 $ 49,800.00 $ 25,930.00 $ 25,930.00 16 Traffic Sign 18 EA $ 700.00 $ 12,600.00 $ 210.00 $ 3,780.00 $ 350.00 $ 6,300.00 $ 220.00 $ 3,960.00 17 Remove Existing Pedestrian Ramp 4 EA $ 1,000.00 $ 4,000.00 $ 900.00 S 3,600.00 $ 550.00 $ 2,200.00 $ 505.00 $ 2,020.00 18 Decorative Paving (Lithocrete) 4160 SF $ 22.00 $ 91,520.00 $ 26.00 $ 108,160.00 $ 24.20 $ 100,672.00 $ 26.65 $ 110,864.00 19 Tree Up -Lighting 18 EA $ 1,000.00 $ 18,000.00 $ 2,100.00 $ 37,800.00 $ 2,500 00 $ 45,000.00 $ 2,136.00 S 38,448.00 20 Remove AC & Base 6506 SF $ 2.50 $ 16,265.00 $ 2.50 $ 16,265.00 $ 3.00 $ 19,518.00 $ 4.05 $ 26,349.30 21 Clear Water BMP Filtration Unit 2 EA $ 4,000.00 $ 8,000.00 $ 1,600.00 $ 3,200.00 $ 5,725.00 $ 11,450.00 $ 6,137.00 $ 12,274.00 22 Cross -Gutter per National City Modified 570 SF $ 6.50 $ 3,705.00 $ 12.00 $ 6,840.00 $ 12.00 $ 6,840.00 $ 8.00 $ 4,560.00 23 8" Curb & Gutter (Type G) 670 LF $ 14.00 $ 9,380.00 $ 30.00 $ 20,100.00 _ $ 24.00 $ 16,080.00 _ $ 29.50 $ 19,765.00 Bid Results Bay Marina Drive Widening Project Specification 08-13 Engineer's Cost Estimate L.B. Civil Low Bidder Construction, #1 Inc - Low Bidder Heffler #2 Company Low Bidder Kock - #3 Armstrong NO. ITEM QTY UNIT UNIT PRICE Amount UNIT PRICE Amount UNIT PRICE Amount UNIT PRICE Amount 24 Remove Railroad Paint 1 LS $ 750.00 $ 750.00 $ 2,600.00 $ 2,600.00 $ 2,500.00 $ 2,500.00 $ 1,635.00 $ 1,635.00 25 Remove Existing Sidewalk 2500 SF $ 2.50 $ 6,250.00 $ 2.00 $ 5,000.00 $ 1.50 $ 3,750.00 $ 1.55 $ 3,875.00 26 Remove & Dispose Railroad Signal 1 EA $ 7,500.00 $ 7,500.00 $ 2,300.00 $ 2,300.00 $ 300.00 $ 300.00 $ 1,705.00 $ 1,705.00 27 Pavement Markers 56 EA $ 12.00 $ 672.00 $ 3.50 $ 196.00 $ 6.00 $ 336.00 $ 6.00 $ 336.00 28 Landscaping 1 LS $ 89,500.00 $ 89,500.00 $ 85,000.00 $ 85,000.00 $ 81,000.00 $ 81,000.00 $ 87,235.00 $ 87,235.00 29 Railroad Removal (Including Rail, Ties & Ballast); Salvage Rail & Ties (Quantity Measured Along 375 LF $ 60.00 $ 22,500.00 $ 20.00 $ 7,500.00 $ 117.41 $ 44,028.75 $ 20.00 $ 7,500.00 30 Remove Existing Barricade 115 LF $ 10.00 $ 1,150.00 $ 7.50 $ 862.50 $ 5.00 $ 575.00 $ 5.00 $ 575.00 31 Remove Existing Cross- Gutter 826 SF $ 6.00 $ 4,956.00 $ 3.50 $ 2,891.00 $ 3.00 $ 2,478.00 $ 2.50 $ 2,065.00 32 Remove 6" Steel Underdrain 3 EA $ 750.00 $ 2,250.00 $ 350.00 $ 1,050.00 $ 100.00 $ 300.00 $ 255.00 $ 765.00 33 Dry Utility Trenching, Conduit, Appurtenances & 3840 LF $ 120.00 $ 460,800.00 $ 80.00 $ 307,200.00 $ 78.00 $ 299,520.00 $ 79.00 $ 303,360.00 $ 29,615.00 34 Irrigation Connection & Appurtenances 1 LS $ 50,000.00 $ 50,000.00 $ 30,000.00 $ 30,000.00 $ 26,000.00 $ 26,000.00 $ 29,615.00 35 8" Sewer Service 54 LF $ 75.00 $ 4,050.00 $ 150.00 $ 8,100.00 $ 245.00 $ 13,230.00 $ 233.00 $ 12,582.00 36 Sewer Manhole 1 EA $ 10,000.00 $ 10,000.00 $ 6,500.00 $ 6,500.00 $ 10,000.00 $ 10,000.00 $ 20,200.00 $ 20,200.00 37 Modified Ped Ramp per SDRSD (G-27) 3 EA $ 1,200.00 $ 3,600.00 $ 2,300.00 $ 6,900.00 $ 1,200.00 $ 3,600.00 $ 2,745.00 - $ 8,235.00 38 Tree Removal 2 EA $ 500.00 $ 1,000.00 $ 550.00 $ 1,100.00 $ 500.00 $ 1,000.00 $ 955.00 $ 1,910.00 39 6" Type "A2-6" Curb & Gutter (CT Type A87A) 42 LF $ 13.00 $ 546.00 $ 35.00 $ 1,470.00 $ 30.00 $ 1,260.00 $ 41.00 $ 1,722.00 40 6" Type "A" AC Dike (CT A87B) 65 LF $ 9.50 $ 617.50 $ 25.00 $ 1,625.00 $ 30.00 $ 1,950.00 $ 23.00 $ 1,495.00 41 Street Survey Monuments 2 EA _ $ 500.00 $ 1,000.00 $ 525.00 $ 1,050.00 __ $ 1,000.00 $ 2,000.00 $ 1,085.00 $ 2,170.00 NO. ITEM QTY UNIT 42 ThermoPlastic w/ Glass Beads 945 SF 43 Pedestrian Barricade (CT Type 2) 2 44 Blue Pavement Marker 1 45 Traffic Signal Conduit 620 EA EA LF 46 #6 Pull Box per Caltrans ES-8 9 47 Seal Coat 38310 EA SF 48 3" AC Over 9" Base (Hotel Driveway) 1096 49 Steel Casing 500 SF LF 50 Obtain Right -of -Entry Permit from Railroad (Including Fee) 1 LS 51 Base Subgrade for Ballast Removal (2' Depth) 275 CY 52 18" x 6" Thick Edge 65 LF Bid Results Bay Marina Drive Widening Project Specification 08-13 Engineer's Cost Estimate L.t3. Civil Low Bidder Construction, #1 Inc - Low Bidder Heffler #2 Company Low Bidder Kock - #3 Armstrong UNIT PRICE Amount UNIT PRICE Amount UNIT PRICE Amount UNIT PRICE Amount $ 5.00 $ 4,725.00 $ 3.00 $ 2,835.00 $ 7.50 $ 7,087.50 $ 3.30 $ 3,118.50 $ 800.00 $ 1,600.00 $ 510.00 $ 1,020.00 $ 550.00 $ 1,100.00 $ 280.00 $ 560.00 $ 20.00 $ 20.00 $ 11.00 $ 11.00 $ 100.00 $ 100.00 $ 40.00 $ 40.00 $ 22.00 $ 13,640.00 $ 17.00 $ 10,540.00 $ 15.00 $ 9,300.00 $ 15.00 $ 9,300.00 $ 500.00 $ 4,500.00 $ 410.00 $ 3,690.00 $ 400.00 $ 3,600.00 $ 227.00 $ 2,043.00 $ 0.60 $ 22,986.00 $ 0.18 $ 6,895.80 $ 0.21 $ 8,045.10 $ 0.40 $ 15,324.00 $ 5.50 $ 6,028.00 $ 5.00 $ 5,480.00 $ 6.54 $ 7,167.84 $ 7.00 $ 7,672.00 $ 22.00 $ 11,000.00 $ 150.00 $ 75,000.00 $ 120.00 $ 60,000.00 $ 100.00 $ 50,000.00 $ 2,500.00 $ 2,500.00 $ 6,000.00 $ 6,000.00 $ 5,000.00 $ 5,000.00 $ 3,855.00 $ 3,855.00 $ 30.00 $ 8,250.00 $ 110.00 $ 30,250.00 $ 100.00 $ 27,500.00 $ 97.00 $ 26,675.00 $ 12.00 $ 780.00 $ 11.00 $ 715.00 $ 65.00 $ 4,225.00 $ 61.00 $ 3,965.00 Total $ 1,198,812.70 Total $ 1,060,500.30 Total $ 1,078,405.69 Total $ 1,108,036.15 $ 1,199,000.00 Difference $ 187.30 L.B. CIVIL CONSTRUCTION, INC. Introduction Statement LB Civil Construction, Inc. was formed on September 14, 2006 by Jim Lumm (president) and Geoff Bohne (Vice President). We are a local company, located in Scripps Ranch. The two principles have worked together in San Diego since 1996 while working for PCL Civil Constructors and Archer Western Contractors. Our duties with these companies were as estimators, project managers, and superintendents. Our experience is with public agencies, and therefore LB bids on and builds public works projects primarily. Our focus is on road, bridge, and park jobs. LB has performed contracts for Caltrans, Cal State San Marcos, Santa Fe Irrigation District, Stone Brewery, City of Poway, and City of Coronado. LB is currently performing contracts for Caltrans and City of San Diego. The contact values have ranged from $40,000 to $1.8M. LB has attached a list of jobs that the principles have bid and built during the ten years prior to starting our own business. Also attached is a letter from our bonding company listing LB's current bonding limits. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 17,2009 AGENDA ITEM NO. 5 ITEM TITLE Resolution of the City Council of National City approving an agreement with Kleinfelder West, Inc. to provide construction material testing services for the Bay Marina Drive Widening Project in the amount not -to -exceed $29,000 and authorizing the Mayor to execute the agreement. Funds are available in the Tax Increment Fund PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583 EXPLANATION Kleinfelder West, Inc. will provide construction material testing services. See also attached the project description. 1 Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director Funds are available in Expenditure Account # 511-409-500-598-3842, Marina Gateway Improvements Account No. 511-409-500-598-3R42 STAFF RECOMMENDATION Adopt the Resol on. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Project Description 3. Agreement (2 copies) kleinmarina A-200 (Rev. 7/03) Project Description: The project involves construction of improvements along Bay Marina Drive (West 24th Street) from Cleveland Avenue to Marina Way (Harrison Street) within the Harbor District Specific Area Plan (HDSAP) and with the Commercial Tourist -Coastal Zone (CT -CZ). The Improvements consist of widening the south side of Bay Marina Drive between Harrison Avenue/Marina Way and Cleveland Avenue; demolition of existing paving, berm, curb and gutter; removal of existing overhead utilities and power poles and under -grounding the utilities; removal of existing railroad tracks, under -drains and warning devices; removal of existing traffic signage and striping and replace with new; install new curb gutter sidewalk, dike and pedestrian ramps; new landscaping and irrigation; decorative street lighting and tree up -lighting; Lithocrete concrete paving, traffic signal modification at Bay Marina Drive and Harrison Avenue, new sewer manhole and lateral, traffic signal conduit and pull boxes for future signal; and closing of Harrison Avenue to through traffic. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KLEINFELDER WEST, INC., TO PROVIDE CONSTRUCTION MATERIAL TESTING SERVICES FOR THE BAY MARINA DRIVE WIDENING PROJECT IN THE NOT -TO -EXCEED AMOUNT OF $29,000 WHEREAS, the City desires to employ a consultant to provide Construction Material Testing Services for the Bay Marina Drive Widening Project; and WHEREAS, the City has determined that Kleinfelder West, Inc., is qualified by experience and ability to perform the services desired by the City, and Kleinfelder West, Inc., is willing to perform such services for the not -to -exceed amount of $29,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Kleinfelder West, Inc., to provide Construction Material Testing Services for the Bay Marina Drive Widening Project in the not -to -exceed amount of $29,000. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of February, 2009. 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 KLEINFELDER WEST, INC THIS AGREEMENT is entered into this 17th day of February, 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Kleinfelder West, Inc., (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to Laboratory Testing Serivces for the National City Bay Marina Drive Wideing Project, Specification 08-13. WHEREAS, the CITY has determined that the CONSULTANT is a testing firm 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 proposal #101259, Exhibit "A" . The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The 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, not to exceed a factor of 5% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Barbara A. Tipton 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 FE6-1i-23 9 11:34A FROM:NATIONAL CITY ENG 619. 64397 TO: 912583202C01 F'.2/2 progress and execution of this Agreement for the CONSULTANT. David W. Timms thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shaft be based on actual work performed not -to -exceed $29000. Monthly Invoices Will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shalt decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shalt each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Work to begin upon receipt of signed agreement from the CITY/ 5d4-bar- k 2eK)1 . 7. DISPOSJTtON 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 fumed 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 shaft 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 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 2 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. 8. 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. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. 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. 12. 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. 3 Citys Standard Agreement — June 2008 revision B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. 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. 14. 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. 4 City's Standard Agreement - June 2008 revision 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent acts, errors or wrongful conduct in performance of this Agreement. 16. 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. 17. 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: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per claim. 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 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of 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, with the exception of Professional Liability, 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 workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate 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 Agreement. 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 Agreement. 5 City's Standard Agreement — June 2008 revision 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. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. 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. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. 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. 20. 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. 6 City's Standard Agreement — June 2008 revision 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 CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. 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 CITY: To CONSULTANT: Maryam Babaki Engineering Department City of National City 1243 National City Blvd National City, CA 91950 David W. Timms Kleinfelder West, Inc. 5015 Shoreham Place San Diego, Ca 92122 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform 7 City's Standard Agreement - June 2008 revision 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. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 8 City's Standard Agreement - June 2008 revision J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Chris Zapata, City Manager APPROVED AS TO FORM: George H. Eiser, III City Attorney KLEINFELDER WEST, INC. (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship - one signature) Bv: By: 9 � .-"V ame) oL AA DoSS'aWG`��,, P. (Print) Vi %C . Pr tIs,' 4.¢,.•\-1— (Title) (Name) etitinl. I CZI City's Standard Agreement — June 2008 revision AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KLEINFELDER WEST, INC THIS AGREEMENT is entered into this 17th day of February, 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Kleinfelder West, Inc., (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to Laboratory Testing Serivces for the National City Bay Marina Drive Wideing Project, Specification 08-13. WHEREAS, the CITY has determined that the CONSULTANT is a testing firm 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 proposal #101259, Exhibit "A" . The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The 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, not to exceed a factor of 5% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Barbara A. Tipton 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. David W. Timms thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on actual work performed not -to -exceed $29000. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Work to begin upon receipt of signed agreement from the CITY. 7. 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 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 2 CitVs Standard Agreement - June 2008 revision 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. 8. 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. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. 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. 12. 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. 3 Citys Standard Agreement — June 2008 revision B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. 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. 14. 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. 4 CitVs Standard Agreement — June 2008 revision 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT' negligent acts, errors or wrongful conduct in performance of this Agreement. 16. 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. 17. 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: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per claim. 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 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of 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, with the exception of Professional Liability, 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 workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate 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 Agreement. 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 Agreement. Cit)ls Standard Agreement — June 2008 revision 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. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. 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. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. 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 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. 19. 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. 20. 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. 6 Citys Standard Agreement — June 2008 revision 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 CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. 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 CITY: To CONSULTANT: Maryam Babaki Engineering Department City of National City 1243 National City Blvd National City, CA 91950 David W. Timms Kleinfelder West, Inc. 5015 Shoreham Place San Diego, Ca 92122 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform 7 Citys Standard Agreement — June 2008 revision 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. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 8 Citys Standard Agreement — June 2008 revision J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney KLEINFELDER WEST, INC. (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship - one signature) By: vv1N AADdss-azotJgl\, /C (Print) Sr, Vrce. P►e.S ; 11.6,.+' (Title) (Nafne) IZIASeLt Cc., (Print) AC‘i (Title) 9 Citys Standard Agreement — June 2008 revision KL EI NFEL DER Bright People. Right Solutions. February 2, 2009, 2009 Proposal No. 101259 Barbara Tipton City of National City 1243 National City Boulevard National City, California 91950 Subject: Proposal to Provide Quality Assurance Testing Services Project: Bay Marina Drive Widening, FY 08-09 National City, California Specification No. 08-13 Dear Ms. Tipton: INTRODUCTION 5015 Shoreham Place San Diego, CA 92122 pl 858.320.2000 fj 858.320.2001 kleinfelder.com We are pleased to submit our proposal to provide materials testing and inspection services for the subject project. In preparing this proposal we have utilized the following documents: • Project specifications dated January 14, 2009; and • Project plans dated December 18, 2008. SCOPE OF SERVICES The scope of services we are proposing includes: • Compaction testing of subgrade base and asphalt; and • Laboratory testing consisting of maximum density, bulk density, stability, extraction and gradation tests. P-101259/SD19P028 Copyright 2009 Kleinfelder Page 1 of 3 January 30, 2009 5015 Shoreham Place San Diego, CA 92122 P1 858.320.2000 f 1858.320.2001 kleinfelder.com APPROACH We intend to provide 1 Material Tester for 41 working days to provide compaction testing for, subgrade preparation, baserock placement, concrete placement, and asphalt paving. Samples will be transported to the lab for testing. FEES Fees for our services will be charged on a time -and -materials basis at the rates and terms shown on the enclosed 10% reduced 2009 fee schedule with the following exceptions: 1) Our Materials Testers will be charged at $95/hr. BUDGET For budgeting purposes, we have prepared an Estimated Budget of $29,000 based on a 41 working day construction schedule and the following assumptions: • We will provide one Materials Tester for 38 eight -hour working days for compaction testing. • We will provide one Materials Tester for 3 days of concrete sampling and testing. • A mix design will not be required. Our budget does not include costs for overtime. LIMITATIONS Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of Kleinfelder's profession practicing in the same locality, under similar conditions and at the date the services are provided. Our conclusions, opinions and recommendations will be based on a limited number of observations and data. It is possible that conditions could vary between or beyond the data evaluated. Kleinfelder makes no guarantee or warranty, express or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided. Even with diligent monitoring, construction defects may occur. In all cases the contractor is solely responsible for the direction and quality of the work, adherence to plans and specifications, and repair of defects. P-101259/SD19P028 Copyright 2009 Kleinfelder Page 2 of 3 January 30, 2009 5015 Shoreham Place San Diego, CA 92122 pj 858.320.2000 f i 858.320.2001 kleinfelder.com This proposal is valid for a period of 45 days from the date of this proposal, unless a longer period is specifically required by the RFP in which case that time frame will apply. This proposal was prepared specifically for the client and its designated representatives and may not be provided to others without Kleinfelder's express permission." CLOSING We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Please contact us at (858) 320-2000 if you have any questions or need additional information. Sincerely, KLEINFELDER WEST, INC. David W. Timms, PE Construction Engineer DWT: RCT: rp Attachment: Estimated Budget P-101259/SDI9P028 Copyright 2009 Kleinfelder Ronald C. Thomson Operations Manager Page 3 of 3 January 30, 2009 ESTIMATED BUDGET Bay Marina Drive Widening National City, California Materials Tester for soil compaction testing Includes one tester for 28 eight -hour days of soil compaction testing; 3 maximum density proctor tests; Materials Tester for base compaction testing Includes one tester for 8 eight -hour days of base compaction testing; 1 maximum density proctor test; Materials Tester for asphalt compaction testing Includes one tester for 2 eight -hour days of asphalt compaction testing; 2 Hveem Maximum Bulk Density tests; 2 Stability tests; 2 Extraction and Gradation tests Materials Tester for concrete sampling and testing Includes one tester for 3 eight -hour days of concrete placement; 2 compressive strength tests; Office Includes 6 hours Project Manager 4 hours Supervisory Technician KL E/NFEL DER Brght People. Right Solutions. $15,000 $ 6,000 $ 3,000 $ 2,500 $ 1,500 Final Compaction Summary $ 1,000 TOTAL ESTIMATED BUDGET: $29,000 P-101259/SD19P028 February 2, 2009 Copyright 2009 Kleinfelder City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 17,2009 AGENDA ITEM NO. 6 (-- ITEM TITLE Resolution of the City Council of National City approving Underground Conversion Agreement with Pacific Bell Telephone Company (DBA AT&T) in the amount not -to -exceed $8,182.17, and authorizing the Mayor to execute the agreement in conjunction with the Marina Gateway Improvements. Funds are available in Tax Increment Fund. PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583 EXPLANATION On August 5, 2008, Resolution No. 2008-160 established the 20B Underground Utility District No. 25. A 20B conversion request requires that the City incur all cost associated with the conversion of any existing utilities within the district. Upon execution of this agreement and receipt of payment, AT & T will engineer and perform the work required to convert AT&T's existing aerial facilities to underground facilities at the City's expense in the amount of $8,182.17. The City will be constructing the Municipal Trench for under -grounding utilities in conjunction with the Bay Marina Drive Widening Project. } Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director Funds are available in Account # 511-409-500-598-3842, Marina Gateway Improvements Account No STAFF RECOMMENDATION Adopt the Resoluti —_ J BOARD / COMMISSION RECOMMEJATION N/A ATTACHMENTS (Listed Below) 1. Agreement (2 copies) 2. Resolution Resolution No. Att A-200 (Rev. 7/03) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN UNDERGROUND CONVERSION AGREEMENT WITH PACIFIC BELL TELEPHONE COMPANY (DBA AT&T) IN THE NOT -TO -EXCEED AMOUNT OF $8,182.17 FOR THE UNDERGROUNDING OF UTILITIES WITHIN THE MARINA GATEWAY PROJECT WHEREAS, on August 5, 2008, the City Council adopted Resolution No. 2008- 160, establishing the 20B Underground Utility District No. 25 in the Marina Gateway area, which includes Bay Marina Drive, Harrison Avenue, 23rd Street, and Cleveland Avenue; and WHEREAS, a 20B conversion requires that the City incur all costs associated with the conversion of any existing utilities within the district; and WHEREAS, the City desires to enter into an Underground Conversion Agreement with Pacific Bell Telephone Company (DBA AT&T) to engineer and perform the work required to convert Pacific Bell Telephone Company's existing aerial facilities within the 20B Underground Utility District No. 25 to underground facilities in the not -to -exceed amount of $8,182.17. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Underground Conversion Agreement with Pacific Bell Telephone Company (DBA AT&T) to engineer and perform the work required to convert Pacific Bell Telephone Company's existing aerial facilities within 20B Underground Utility District No. 25 to underground facilities in the not -to -exceed amount of $8,182.17. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of February, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AERIAL TO UNDERGROUND CONVERSION AGREEMENT (APPLICANT TO CONSTRUCT USS) (RULE 32.A.2) BETWEEN CITY OF NATIONAL CITY and PACIFIC BELL TELEPHONE COMPANY DBA AT&T CALIFORNIA RE BAY MARINA DRIVE STREET WIDENING PROJECT - CONVERSION OF OVERHEAD UTILITIES 324596 (Rev 8/27/07) Aerial to Underground Conversion Construction Agreement TABLE OF CONTENTS I. DEFINITIONS. 1 II. RECITALS. 1 III. SPECIFIC PROVISIONS. 2 A. Tariff. 2 B. Construction. 2 C. Term. 3 D. Title. 3 E. Tax Liability. 3 F. Payment 4 G. Cancellation, Modification or Deferment. 4 H. Indemnity, Limitation of Liability 4 I. Insurance. 5 J. Warranty 8 K. Liens 9 L. Licenses and Easements 9 M. Performance. 9 N. Damage to Facilities 9 O. Schedule of Work. 9 P. Force Majeure. 10 Q. Compliance With Laws 10 IV. GENERAL PROVISIONS. 10 A. Assignment. 10 B. Binding Effect. I0 C. Termination 10 D. Attorneys' Fees. 11 E. Entire Agreement. 11 324596 (Rev. 8/27/07 ) Aerial to Underground Conversion Construction Agreement F. Independent Contractor 11 G. Jurisdiction. 11 H. Notices. I I. Waiver and Amendment. 12 Exhibit A Applicant's Approved Street Improvement Plans Exhibit B AT&T's Estimated Costs Exhibit C Executive Orders and Associated Regulations 324596 (Rev. R/27/07) Aerial to Underground Conversion Construction Agreement THIS AGREEMENT ("Agreement") is between City of National City, a California corporation ("Applicant"), and PACIFIC BELL TELEPHONE COMPANY, a California corporation doing business as AT&T CALIFORNIA ("AT&T") (collectively the "Parties"). I. DEFINITIONS. As used in this Agreement, the following terms apply: A. The term "Tariff- refers to Schedule Cal. P.U.C. No. A2, Rule 32.A.2. B. The terms "Underground Supporting Structure" and "USS" include, but are not limited to, conduit, inner duct, manholes, service boxes, and related equipment. C. The terms "Trench" and "Trenching" include, but are not limited to. excavating, backfilling, compacting, and, as necessary, breaking and replacing pavement, sidewalks, driveways, curbs and gutters, and restoring all other surface features disturbed by underground construction including landscaping, plus the cost of performing such work. D. The term "Hazardous Substance" refers to any substance, material or chemical that is or becomes regulated under applicable local, state, or federal law, regulation, or ordinance. E. The term "District" refers to the area in/on/along Bay Marina Drive, Cleveland Avenue, W. 23rd. Street, Harrison Avenue, and McKinley Avenue, where the undergrounding of existing aerial facilities is to take place. F. The term "Project" means all of the work required to underground existing aerial facilities within the District. G. The term "CPUC" refers to the California Public Utilities Commission. II. RECITALS. A. Applicant has asked AT&T to replace its existing aerial communication facilities with underground communication facilities within the District. B. AT&T is willing to underground its existing aerial communication facilities within the District, subject to the terms and conditions of this Agreement. In consideration of the above, the Parties agree as follows: 324596 (Rev. 8/27/07) Aerial to Underground Conversion Construction Agreement Page 1 of 12 III. SPECIFIC PROVISIONS. A. Tariff. The Project will he conducted in accordance with the Tariff. B. Construction. 1. Upon receipt of a copy of this Agrecrnent that has been executed by Applicant and the advance payment described in Section IILG, AT&T will engineer and perform the work required to convert its existing aerial facilities to underground facilities in the area in the District shown on Applicants' plans, which are attached hereto as Exhibit A. 2, If, during the installation or construction of comrnunications facilities, AT&T employees, subcontractors, or agents encounter any Hazardous Substance(s) that may he disturbed by AT&T's activities: a. AT&T shall give prompt written notice of the discovery of the llazardous Substance(s) to Applicant; b. AT&T shall suspend performance under this Agrecrnent until (I) containment and removal of the llazardous Substance(s) has been completed and approved by the appropriate governmental agency(ies), if such approval is required, or approved by AT&T if governmental agency(ies) approval is not required, or (2) Applicant reasonably demonstrates that the Hazardous Substance(s) will not be disturbed by AT&T's activities; c. AT&T's performance of its obligations under this Agreement is extended for the amount of time which it takes to complete containment/removal of the llazardous Substance(s); and, d. If Applicant elects not to remove/contain the Hazardous Substance(s), AT&T may terminate this Agreement without further liability by giving advance notice to Applicant no later than ten (I0) days after the date the Applicant notifies AT&T of its decision not to remove/contain the Hazardous Substance(s). In this case, Applicant shall reimburse AT&T for AT&T's share of the USS cost paid by AT&T and for the costs incurred by AT&T for the placement of cables and wiring on the Project and the wrecking associated with that placement up to the effective date of the termination. Upon such payment, Applicant shall become the owner of said wire and cables. 3. Applicant shall be responsible for the construction and installation of the necessary USS along the public way and utility rights of way in the District and shall prepare all documents necessary to coordinate and 12.1596 (Rev. 8/27/07) Aerial to Underground Conversion Construction Agreement Page 2 of 12 implement the Project plans. 1'he documents shall include, but shall not be limited to: (a) Project Plans and Specifications, which shall be prepared in accordance with specifications and drawings furnished to Applicant by AT&T; (b) documents that delineate all USS to be constructed and installed within the District; (c) a Bid Package covering the construction and installation of the USS for which Applicant is responsible; (d) separate agreements with Participants pertaining to the construction of facilities for the Project; and (e) a contract ("Contract") with an independent contractor for the construction and installation of USS for which Applicant is responsible under the Project. APPLICANT SHALL NOT DEVIATE FROM AT&T'S TRENCH SPECIFICATIONS WITHOUT AT&T'S PRIOR WRITTEN CONSENT. 4. Applicant shall award the Contract to a qualified bidder. The terms and conditions of the Contract shall oblige the Contractor to furnish all materials, adhere to the Project Plans and Specifications, and install the USS at the locations designated on the map attached to this Agreement as Exhibit A. Applicant shall have full supervision of and control over the independent contractor's construction and installation of the USS. However, AT&T shall be given the opportunity to inspect the construction and installation of the USS and to coordinate with Applicant to ensure that the construction and installation are completed in accordance with the Project plans and specifications. Applicant shall require all property owners who arc served by the aerial facilities to be replaced within the District to provide and maintain the USS on their property. C. Term. This Agreement is effective upon execution and shall continue in effect until terminated or canceled as provided by law or this Agreement. D. Title Upon inspection and acceptance in writing of the USS by AT&T, title to the USS and all associated communications facilities placed by or for AT&T, except the underground service connections, shall vest in AT&T, provided that such is free of all liens and encumbrances. E. Tax Liability Applicant shall pay, and hold AT&T harmless from and against, all penalties, interest, taxes or other charges that are levied or assessed against Applicant. 324596 (Rev. 8/27/07) Aerial to Underground Conversion Construction Agreement Page 3 of 12 F. Payment. Applicant shall pay to AT&T within forty-five (45) days after execution of this Agreement the sum of Eight Thousand One Hundred Eighty -Two Dollars and Seventeen Cents ($ 8182.17), which represents the estimated cost of AT&T preparing specifications and drawings for the USS and inspecting Applicant's trenching and installation of the USS. If applicable, Applicant shall pay to AT&T a tax component of zero/0 for Federal and State Income Tax in accordance with CPUC decision 87-09-026. Applicant shall send payments to: AT&T California 4220 Arizona St. San Diego, CA 92104 ATTN: CMC G. Cancellation, Modification or Deferment. If Applicant cancels, modifies or defers its request for conversion of the aerial facilities to underground facilities within the District, Applicant shall pay all charges incurred by AT&T, in accordance with the Tariff. H. Indemnity; Limitation of Liability. 1. Applicant shall indemnify, defend at AT&T's request and at no cost or expense to AT&T, and hold harmless AT&T and its officers, agents and employees, as well as its associated and affiliated companies and their respective officers, agents, and employees'("Indemnitees"), from and against any and all losses, damages, expenses, costs, penalties, fines, fees (including reasonable attorney's and consultant's fees), or liabilities (collectively "Liabilities"), incurred as a result of any injury to or death of any person(s) or damage to any property(ics) arising out of or in connection with the materials used or the work performed by Applicant under this Agreement or the condition of the Project's property, including environmental contamination, except where such Liabilities arc caused by the sole negligence or willful misconduct of Indemnitees. 2. AT&T shall notify Applicant within a reasonable time of any written claim or demand against AT&T for which Applicant is responsible under this section. Applicant shall also (a) keep AT&T fully informed as to the progress of such defense, and (b) afford AT&T, at its own expense, an opportunity to participate with Applicant in the defense or settlement of such claims, demand, lawsuits or other legal proceedings. 324596 (Rev. R127/07 ) AT&T shall indemnify, defend, and hold harmless Applicant, from and against any and all losses, damages, expenses, costs, penalties, fines, fees (including reasonable attorney's and consultant's fees), or liabilities Aerial to Underground Conversion Construction Agreement Page 4 of I2 (collectively "Liabilities"), incurred as a result of any injury to or death of any person(s) or damage to any property(ies) arising out of or in connection AT&T's installation of facilities in the USS, except where such Liabilities are caused by the negligence or willful misconduct of Applicant. Applicant shall notify AT&T within a reasonable time of any written claims or demand against Applicant for which AT&T is responsible under this section. 4. These indemnities shall survive the termination or cancellation of this Agreement or any provision to the contrary herein. 5. IN NO EVENT WILL AT&T BE LIABLE TO APPLICANT FOR INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BY TORT OR CONTRACT, INCLUDING LOST REVENUES, LOSS OF PROFITS OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF THE PERFORMANCE OF THIS CONTRACT, INCLUDING, WITHOUT LIMITATION, NEGLIGENT PERFORMANCE OR FAILURE TO PERFORM, OR A DEFECT OR FAILURE TO PERFORM OR DEFECT OF CABLE OR WIRING, REGARDLESS OF THE FORESEEABILITY THEREOF. I. Insurance. With respect to Applicant's performance under this Agreement, and in addition to Applicant's obligation to indemnify, Applicant shall at its sole cost and expense, maintain the insurance coverages and limits required by this Section and any additional insurance and/or bonds required by law: i. at all times during the term of this Agreement and until completion of all work associated with this Agreement, whichever is later; and ii. with respect to any coverage maintained in a "claims -made" policy, for two (2) years following the term of this Agreement or completion of all work associated with this Agreement, whichever is later. If a "claims -made" policy is maintained, the retroactive date must precede the commencement of work under this Agreement; 2. Applicant shall also require each subcontractor who may perform work under this Agreement or enter upon the work site to maintain coverages, requirements, and limits at least as broad as those listed in this section from the time when the subcontractor begins work, throughout the term of the subcontractor's work and, with respect to any coverage maintained on a "claims -made" policy, for two (2) years thereafter; 324596 (kev. 8/27/07) Aerial to Underground Conversion Construction Agreement Page 5 of I2 a. procure the required insurance from an insurance company eligible to do business in the state or states where work will be performed and having and maintaining a Financial Strength Rating of "A-" or better and a Financial Size Category of "VII" or better, as rated in the A.M. Best Key Rating Guide for Property and Casualty Insurance Companies, except that, in the case of Workers' Compensation insurance, Applicant may procure insurance from the state fund of the state where work is to be performed; and b. deliver to AT&T certificates of insurance stating the types of insurance and policy limits. Applicant shall provide or will endeavor to have the issuing insurance company provide at least 30 days advance written notice of cancellation, non -renewal, or reduction in coverage, terms, or limits to AT&T. Applicant shall deliver such certificates: i. prior to commencement of any work; ii. prior to expiration of any insurance policy required in this Section; and iii. for any coverage maintained on a "claims -made" policy, for two (2) years following the term of this Agreement or completion of all work associated with this Agreement, whichever is later. 3. The Parties agree: a. the failure of AT&T to demand such certificate of insurance or failure of AT&T to identify a deficiency will not he construed as a waiver of Applicant's obligation to maintain the insurance required under this Agreement; h. that the insurance required under this Agreement does not represent that coverage and limits will necessarily be adequate to protect Applicant, nor be deemed as a limitation on Applicant's liability to AT&T in this Agreement; c. Applicant may meet the required insurance coverages and limits with any combination of primary and Umbrella/Excess liability insurance; and Applicant is responsible for any deductible or self -insured retention. 4. The insurance coverage required by this section includes: 324596 (Rev. 8/27/07) Aerial to Underground Conversion Construction Agreerneni I'age 6 ot I 324596 (Rev. 8/27/07) a. Workers' Compensation insurance with benefits afforded under the laws of any state in which the work is to be performed and Employers Liability insurance with limits of at least: $500,000 for Bodily Injury — each accident $500,000 for Bodily Injury by disease — policy limits $500,000 for Bodily Injury by disease — each employee To the fullest extent allowable by Law, the policy must include a waiver of subrogation in favor of AT&T, its affiliates, and their directors, officers and employees. In states where Workers' Compensation insurance is a monopolistic state -run system, Applicant shall add Stop Gap Employers Liability with limits not less than $500,000 each accident or disease. b. Commercial General Liability insurance written on Insurance Services Office (ISO) Form CG 00 01 12 04 or a substitute form providing equivalent coverage, covering liability arising from premises, operations, personal injury, products/completed operations, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with limits of at least: $2,000,000 General Aggregate limit; $1,000,000 each occurrence limit for all bodily injury or property damage incurred in any one (1) occurrence; $1,000,000 each occurrence limit for Personal Injury and Advertising Injury; $2,000,000 Products/Completed Operations Aggregate limit; $1,000,000 each occurrence limit for Products/Completed Operations; $1,000,000 Damage to Premises Rented to You (Fire Legal Liability). The Commercial General Liability insurance policy must: Aerial to Underground Conversion Construction Agreement Page 7 of 12 include AT&T, its affiliates, and their directors, officers, and employees as Additional Insureds. Applicant shall provide a copy of the Additional. Insured endorserent to AT&T. The Additional Insured endorsement may either be specific to AT&T or may be "blanket" or "automatic" addressing any person or entity as required by contract. A copy of the Additional Insured endorsement must be provided within 60 days of execution of this Agreement and within 60 days of each Commercial General Liability policy renewal; ii. include a waiver of subrogation in favor of AT&T, its affiliates, and their directors, officers and employees; and iii. be primary and non-contributory with respect to any insurance or self-insurance that is maintained by AT&T. c. Business Automobile Liability insurance with limits of at least $1,000,000 each accident for bodily injury and property damage, extending to all owned, hired, and non -owned vehicles. d. Umbrella/Excess Liability insurance with limits of at least $1,000,000 each occurrence with terms and conditions at least as broad as the underlying Commercial General Liability, Business Auto Liability, and Employers Liability policies. Umbrella/Excess Liability limits will be primary and non-contributory with respect to any insurance or self-insurance that is maintained by AT&T. 5. Applicant may satisfy the requirements of this section I by maintaining its lawful self -insured status during the term of this agreement. J. Warranty. 1. Applicant warrants that that for a period of two (2) years following acceptance of the USS by AT&T, all work and materials to be furnished under this Agreement: a. shall confonn in all respects to the requirements of this Agreement; b. are adequate for the purposes for which they are intended; c. are fret from any defects in design, materials, workmanship and title including, but not limited to, defects that will cause caving or sinking of the Trench. the USS, paving, or other materials. 324596 (Rev. 8/27/07) Aerial to Underground Conversion Construction Agreement Page8ofI2 2. Applicant warrants that qualified personnel will perform all work promptly and with diligence, to AT&T's reasonable satisfaction, and that all work and materials shall be subject to all statutory and express or implied warranties. This warranty shall survive inspection, acceptance, termination and payment. 3. Except as disclosed to and acknowledged by AT&T in writing, Applicant is not aware of the presence of any Hazardous Substance at the locations on the Project where AT&T will be installing cable and wiring and performing wrecking in association with such installations. K. Liens. Applicant and its agents and contractors shall keep the USS free from any statutory or common law lien arising out of any work performed, materials furnished or obligations incurred by Applicant, its agents or contractors. In the event a lien is recorded against the USS and it is not removed from the record within ten (10) days after notice is given by AT&T to Applicant to do so, AT&T shall have the right to pay and discharge the lien without regard to whether the hen shall be lawful, valid or correct. Applicant shall, within thirty (30) days after receiving written notice from AT&T, reimburse AT&T for any such claim paid by it. L. Licenses and Easements. Prior to construction of the Project, Applicant shall, at no cost to AT&T, furnish AT&T with any and all licenses or grants of easements that are necessary to accommodate the Project, including the construction and maintenance of AT&T's facilities. M. Performance. If Applicant should default in the performance of any work that it is obligated to perform under this Agreement within the time allowed for such work, AT&T may elect, by written notice to Applicant, to perform the work at Applicant's sole risk and expense and Applicant shall pay to AT&T upon demand AT&T's actual costs for performing the work. N. Damage to Facilities. Applicant and its employees, agents and contractors shall exercise special precaution and care to avoid causing damage to AT&T's facilities in performing work under the Project. Applicant shall assume responsibility for any and all losses, costs and expenses arising out of, caused by, or in any way connected with such damages, including consequential damages. Applicant shall immediately report in writing the occurrence of any such damage to AT&T. Applicant shall, 324596 (Rev. R/27/07) Aerial to Underground Conversion Constniction Agreement Page 9 of 12 on demand, reimburse AT&T for the entire expense incurred in replacing or repairing the damage. O. Schedule of Work. AT&T shall not commence detailed engineering of the Project prior to receiving a copy of this Agreement that has been executed by Applicant. AT&T shall have its facilities converted contingent upon mutually acceptable schedules, timely obtaining of permits, licenses and other documents, and not being delayed by those uncontrollable forces described in Section IIi.Q below. P. Force Majeure. AT&T shall not be held liable to Applicant for any delay in performance under this Agreement from any cause beyond its control and without its fault or negligence, such as acts of God, acts of civil or military authority, government regulations, the presence of archeological or historical artifacts or Hazardous Substances on, in, or near the Project, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, inability to secure products or services of other persons or transportation facilities, or acts or omissions of carriers. If any of the foregoing events occur, AT&T agrees, if requested by Applicant, to accelerate its efforts hereunder if reasonably feasible in order to regain Lost time, so long as Applicant agrees to reimburse AT&T for the incremental actual costs of such efforts. Compliance With Laws. Applicant shall comply with all applicable federal, state, county, and local statutes, laws, ordinances, regulations, and codes. Applicant further agrees to comply with all applicable Executive Orders and regulations, including, but not limited to, those that are attached to this Agreement as Exhibit C. As used in Exhibit C, "Contractor" means Applicant. IV. GENERAL PROVISIONS. A. Assignment. Applicant shall not wholly or partially assign this Agreement without the prior written consent of AT&T. Binding Effect. This Agreement shall be for the benefit of and is binding upon the respective successors and assigns of the parties hereto. C. Termination. 324596 (Rev. 8127107) Aerial to Underground Conversion Construction Agreement Page 10 of 12 Exhibit C Executive Orders and Associated Regulations AT&T California and AT&T Nevada, as common earners of telecommunications services, engage in work as contractors for various departments and agencies of the United States Government. Also, certain facilities may be constructed pursuant to federally assisted construction programs. Because of the foregoing, work under this contract may be subject to the provisions of certain Executive Orders, federal laws and associated regulations. To the extent that such Executive Orders. federal laws and associated regulations apply to the work under this contract, and only to that extent, Contractor agrees to comply with the provisions of all such Executive Orders, federal laws and associated regulations as no in force or as may be amended in the future, including. but not limited to the following: I. EQUAL EMPLOYMENT OPPORTUNITY PROVISIONS. In accordance with Executive Order 11246, dated September 24, 1965, and 41 C.F.R. § 60• 1.4, the parties incorporate herein by this reference the regulations and contract clauses required by those provisions to be made a part of nonexempt contracts and subcontracts. 2. CERTIFICATION OF NONSEGREGATED FACILITIES. In accordance with Executive Order 11246. dated September 24, 1965, and 41 C.F.R. § 60-1.8. Contractor certifies that it does not and will not maintain or provide for its employees any facilities segregated on the basis of race, color, religion, sex, or national origin at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control, where such segregated facilities are maintained. The term "facilities" as used herein means waiting rooms, work areas, restaurants and other eating areas, time clocks. restrooms, wash roosts, locker rooms and other storage or dressing areas. parking lots. drinking fountains. recreation or entertainment areas, transportation, and housing facilities pmvided for employees, provided that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. Contractor will obtain similar certifications from proposed subcontractors prior to the award of any nonexempt subcontract. 3 CERTIFICATION OF AFFIRMATIVE ACTION PROGRAM. Contractor certified that it has developed and is maintaining an Affirmative Action Plan as required by 41 C.F.R. § 60-1.40. 4. CERTIFICATION OF FILING. Contractor certifies that it will file annually, on or before the 31" of March, complete and accurate reports on Standard Form 100 (EEO- I) or such forms as may be promulgated in its place as required by 41 C.F.R § 60• 1.7. 5. AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA. In accordance with Executive Order 11701, dated January 24, 1973. and 41 C.F.R. 60-250.20, the parties incorporate herein by this reference the regulations and contract clauses required by those provisions to be made a part of Government contracts and subcontracts. 6 AFFIRMATIVE ACTION FOR HANDICAPPED PERSONS. In accordance with Executive Order 11758, dated January 15, 1974, and 41 C.F.R. § 60•741.20, the panics incorporate herein by this reference the regulations and contract clauses required by those provisions to be made a part of Government contracts and subcontracts. 7. UTILIZATION OF SMAI.L BUSINESS CONCERNS AND SMALL. DISADVANTAGED BUSINESS CONCERNS. 4R C.F.R., Ch. I, § 19.740(4) and 19.708(a) require that the following clause is included: Lttih-anon of Small Business concerns and Small Disadvantaged Business Concerns /June. 190 ) (a) It is the policy of the United States that small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals shall have the maximum practicable opportunity to participate in performing contracts let by and Federal agency, including contracts and subcontracts for subsystems, assemblies, conrpran.nns, and related services for nu)on systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals. (Ili) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the Contractor's compliance with this clause. (c) As used in this contract, the temt "small business concern" shall mean a small business as defined pursuant to section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. The term "small business concern owned and controlled by socially and economically disadvantaged individuals" shall mean a small business concern: (1) Which is at least 51 percent owned by one or more socially and economically disadvantaged individuals: or, in the case of any publicly owned businesses. at least 5 t percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and (2) Whose management and daily husiness operations are controlled by one or more of such individuals. 324596 The Contractor shall presume that socially and economically disadvantaged individuals include Black Americans. Hispanic Americans, Native Americans. Asian -Pacific Americans. Asian -Indian Americans and other nunonties, or any other individual found to be disadvantaged by the Administration pursuant to section 8(a) of the Small Business Act. (d) Contractors acting in good faith may rely on women representations by their subcontractors regarding their status as either a small business concern or a small business concern owned and controlled by socially and economically disadvantaged individuals. Small Business and Small Disadvantaged Business Subcontracting Plan. Contractor, unless it is a small business concern, as defined in section 3 of the Small Business Act. agrees to adopt and comply with a small business and small disadvantaged business subcontracting plan. which shall be included in and made a pan of ibis contract. The parties incorporate herein by this reference the regulations and contract clauses required by 48 C.F.R , Ch. 1, §§ 19.704(4) and 19.708(b) to be made a part of Government contracts and subcontracts. 8. WOMEN -OWNED SMALI. BUSINESSES. As prescribed in 48 C.F.R., Ch. 1. § h9.902, the following clause is included in solicitations and contracts when the contract amount is expected to be over the srnall purchase threshold, unless (a) the contract is to be performed entirely outside the United States. its possessions. Puerto Rico. and the Trust Territory of the Pacific Islands. or (h) a personal services contract is contemplate. (a) "Woman•owned small businesses," as used in this clause, means businesses that are at least 51 percent owned by women who arc United States citizens and who also control and operate the business. "Control," as used in this clause, means exercising the power to make policy decisions. "Operate," as used in this clause, means tieing actively involved in the day-to-day management of the business. (b) Policy. It is the policy of the Government to award contracts to concerns that agree to perform substantially in labor surplus arcas (LSA's) when this can be done consistent with the efficient performance of the contract and at prices no higher than are obtainable elsewhere. "Roe Contractor agrees to use its best efforts to place subcontracts in accordance with this policy. (c) Order of Preference. In complying with paragraph (b) above and with paragraph (c) of the clause of this contract entitled Utilization of Small Business Concerns and Small Disadvantaged Business Concerns, the Contractor shall observe the following order of preference in awarding subcontracts: (I) small business concerns that are LSA concerns, (2) other small business concerns, and (3) other ISA concerns. (d) Definitions. "labor surplus area," as used in this clause. means a geographical area identified by the Department of Labor in accordance with 20 C.F.R. § 654. Subpart A. as an arca of concentrated unemployment or underemployment or an area of labor surplus. 'labor surplus area concern," as used in this clause, means a concern that together with its first -tier subcontractors will perform substantially in labor surplus arcas. Performance is substantially in labor surplus area if the costs incurred under the contract on account of manufactunng, production. or performance of appropriate services in labor surplus areas exceed So percent of the contract price. Labor Surplus Area Subcontract Program. (a) Sec the titihration of Labor Surplus Area Concerns clause of this contract for applicable definitions. (b) The Contractor agrees to establish and conduct a program to encourage labor surplus area (ISA) concerns to compete for subcontracts within they capabilities at prices no higher titan obtainable elsewhere. The contractor shall • (I) Designate a liaisons officer who will (i) maintain liaison with authorized representatives attic Government on LSA matters, (ii) supervise compliance with the Utilization of labor Surplus Area Concerns clause, and (iii) administer thc Contractor's labor surplus area subcontracting program: (2) Provide adequate and ninety consideration of the potentialities of ISA concerns in all nuke -or buy decisions: (3) Ensure that ISA concerns have an equitable opportunity' to compete for subcontracts, particularly by arranging solicitations. thine for thc preparation of offers. quantities. specifications. and delivery schedules so as to facilitate the participation of LSA concerns; (4) include the Utilization of Labor Surplus Arca Concerns clause in subcontracts that offer substantial ISA subcontracting opportumtics, and (5) Maintain records stowing (i) the procedures adopted and (ii) the Contractor's performance. to comply with this clause. The records will be kept available for review by thc Government until the expiration of I year after the award of dos contract. or for such longer period as may le required by any other clause of this contract or by applicable law or regulations. (c) the Contractor further agrees to insert in any related subeonuact that may exceed S500.000 and that contains the Utilization of Labor Surplus Area Concerns clause, terns that conform substantially to the language of this clause. including rhos paragraph Ic), and to notify the Contracting Officer of the names of subcontractors tstimate of Cost and Authority for Work :r! dt&t Special Construction Charge and Invoice CA0001 Customer Request Number : 124358 Project Number Billing Party's Name : CITY OF NATIONAL CITY Phone : (619) 336-4583 Billing Address : 1243 NATIONAL CITY BL NATIONAL CITY, CA 91950 Contact Name : BARBY TIPTON Phone : (619) 336-4583 Work Description & Engineering Remarks Billing Information Date 12/15/2008 Customer ID : 110061 208 CONVERSION, BAY MARINA DRIVE FROM HARRISON AVE. TO CLEVELAND AVE., AND W. 23RD ST. FROM HARRISON AVE. TO MCKINLEY AVE. PROJECT NUMBER: 7251844 Engineering Labor Material Cost Construction Labor Contractor Cost Salvage Credit CIAC Total Estimated Costs Amount $ 7,660.62 $ 54.85 $ 466.70 $ 0.00 $ 0.00 $ 0.00 $ 8,182.17 OSPE Representative: KERRY MIDDAUGH Title: ENGINEERING Phone #: (619) 266-4651 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 17,2009 AGENDA ITEM NO. 7 ITEM TITLE Resolution of the City Council of National City approving Underground Conversion Agreement with San Diego Gas & Electric (SDG&E) in the amount not -to -exceed $267,603 and authorizing the Mayor to execute the agreement. Funds are available in the Tax Increment Fund in Conjunction with the Marina Gateway Improvements. PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583 EXPLANATION On August 5, 2008, Resolution No. 2008-160 established the 20B Underground Utility District No. 25. A 20B conversion request requires that the City incur all cost associated with the conversion of any existing utilities within the district. Upon execution of this agreement and receipt of payment, SDG&E will engineer and perform the work required to convert SDG&E's existing aerial facilities to underground facilities at the City's expense in the amount of $267,603. This agreement addresses the responsibilities including costs that will be incurred for the conversion of existing aerial facilities to underground facilities. J Environmental Review X N/A MIS Approval ^ d Financial Statement Approved By: V Finance Director Funds are available in Account # 511-409-500-598-3842, Marina Gateway Improvements Account No 511-409-500-598-3842 STAFF RECOMMENDATION Adopt the Resolutio, BOARD / COMMISSION RECOMMENDATION N/A IATTACHMENTS (Listed Below) Resolution No. 1. Agreement (Available for review in the City Clerk's Office) 2. Resolution SDG&E A-200 (Rev. 7/03) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN UNDERGROUND CONVERSION AGREEMENT WITH SAN DIEGO GAS & ELECTRIC (SDG&E) IN THE NOT -TO -EXCEED AMOUNT OF $267,603 FOR THE UNDERGROUNDING OF UTILITIES WITHIN THE MARINA GATEWAY PROJECT WHEREAS, on August 5, 2008, the City Council adopted Resolution No. 2008- 160, establishing the 20B Underground Utility District No. 25 in the Marina Gateway area, which includes Bay Marina Drive, Harrison Avenue, 23rd Street, and Cleveland Avenue; and WHEREAS, a 20B conversion requires that the City incur all costs associated with the conversion of any existing utilities within the district; and WHEREAS, the City desires to enter into an Underground Conversion Agreement with SDG&E to engineer and perform the work required to convert SDG&E's existing aerial facilities within the 20B Underground Utility District No. 25 to underground facilities in the not -to -exceed amount of $267,603. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Underground Conversion Agreement with SDG&E to engineer and perform the work required to convert SDG&E's existing aerial facilities within 20B Underground Utility District No. 25 to underground facilities in the not -to - exceed amount of $267,603. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of February, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney San Diego Gas & Electric 8315 Century Park Court San Diego, CA 9717.3-1548 A Sempra Eriergy.rtirty' FILE NO PLA 580 PROJ# 732212-040 & 050 January 29, 2009 Barbara A. Tipton City of National City Engineering Dept. 1243 National City Blvd. National City, Ca. 91950 Dear Barby: Subject: Bay Marina 20 B Conversion — National City UUD # 25 This letter is to advise you that we have completed the engineering required to replace the existing overhead electric facilities with an underground system at Bay Marina Dr. between Harrison and Cleveland Ave., as described on the enclosed sketch. As we previously agreed, you will be providing trench, conduit, substructures (concrete products) and the contracts have been prepared accordingly. Under the requirements outlined above, your conversion cost of $268,892.00 less the $1289.00 engineering fee which you previously paid, will leave an amount due of $267,603.00 TRENCHING After you have been notified that your construction order(s) have been issued, you should arrange a pre -construction meeting by calling our Project Coordinator at 1-877-610-2948 (Metro). At that meeting, a construction schedule can be established and any questions you may have concerning your project can be answered. Inspection of your work by our inspector is required at the: trenching; conduit installation; conduit mandreling; backfilling and compaction; substructure installation; and, completion stages. When calling our Construction Department, the following will identify your project: Project Name: Bay Marina Drive Widening — 20B Conversion Work Order #: Electric: 2882730 & 2882731 Service Order #: Electric: 732212-060 Your attention is directed to the trenching notification procedure and time limit for starting work set forth in the Agreements. Prior to trenching /excavating, please contact DigAlert (USA Markout) at least 48 hours in advance at 811. We will locate and mark -out our facilities. Failure to call may result in serious injuries and/or substantial damage for which you will be responsible. You will probably need an excavation permit from the City of National City prior to your excavation work. Additionally, you are responsible for obtaining any other necessary permits Project #732212-040 &050 2 January 29, 2009 and for adhering to all applicable governmental and regulatory statutes, codes, and rules. Your project may also require a storm water permit for construction soil disturbance activities required in conjunction with the installation of gas and electric utilities. Finally, before you begin trenching, ( strongly suggest you contact the local telephone and cable television companies for their requirements and any charges they may have. At the time you plan to forward the two -week written notice indicating your proposed trenching start date, your electrician should also plan to commence the work required to convert the existing overhead electric panels to receive the new underground electric service. To minimize disruption on the property of the residences to be converted, we recommend that you do not begin the conversion process of the existing panels until you are actually ready to install the new underground system. Since construction schedules, conditions and installation cost can vary, you should understand that a change from the original plan and schedule may necessitate recalculating costs, revising our construction drawings or issuing new contract documents. This offer shall expire at the end of the business day on April 29th, 2009. If the signed contract documents and your check in the amount of $267,603.00 have not been received by that date, it may be necessary to recalculate the costs for your job and possibly issue new contract documents. If you request a new cost estimate after that date, a cost update fee may be required. Please review all of the contract documents and if you desire to proceed at this time, sign and return the original and a duplicate copy of the Agreement for Replacement of Overhead with Underground Electric Facilities. The third copy of these agreements may be retained for your records until you receive a countersigned copy from us. To properly process payments, the name(s) on your check and on each Agreement must match. If they do not, the entire package may be returned to you, causing a delay to your project. Signature of any municipal employee is acceptable. Any signatory may be represented by an agent if a letter of authorization for the agent accompanies the agreement package. If the agreements are cancelled for any reason, or if any refunds are due under the terms of the agreements, all funds, Tess SDG&E's costs, shall be refunded to the signatory. If the contract documents are cancelled for any reason, or if any refunds are due under the terms of this contract, all funds, Tess SDG&E's cost, shall be refunded to Applicant. By signing this contract, you agree to indemnify, defend and hold SDG&E harmless from and against any and all demands, claims, suits, costs, attorneys' fees (both in-house and outside counsel), witness fees, liabilities (contractual or otherwise) and other expenses, in any way arising from the refunding of any money or other pecuniary advances, whatsoever, regardless of the cause. Project #732212-040 &050 3 January 29, 2009 Please return the signed contracts and the Customer Payment Remittance form with a check payable to SDG&E in the enclosed envelope. Project Management Offices are unable to accept payments. All payments must be mailed to: Customer Payment Services - CP61C San Diego Gas & Electric P.O. Box 129831 San Diego, CA 92112-9831 Once the contract documents and your check have been received, they will be reviewed by an authorized representative of the Company and, if all is in order, the contacts will be executed on behalf of this Company by our representative. You will be advised by letter when the contract documents have been signed. The contract documents will become effective only after they have been signed by that authorized representative. Your costs, as cited herein, are subject to change at any time. All cost calculations are based upon SDG&E's filed tariffs, SDG&E's internal costs, and all applicable governmental or regulatory statutes, regulations, codes and rules. Should any change in, or addition to, those tariffs, costs, statutes, regulations, codes or rules in any way impact these cost calculations, you will be subject to any resulting increase or decrease. If I may be of further assistance or if you have any questions, please call me at the number listed below. Our hours are 7:00 AM - 4:00 PM, Monday through Friday. For additional general information, please visit our website at htto://sdge.corn/index.html. ,i,,,,„,,, David J. Emerson Governmental Liaison Telephone: (858) 654-1136 City of National City, California COUNCIL AGENDA STATEMENT .IIEETING DATE February 17,2009 AGENDA ITEM NO. 8 (ITEM TITLE Resolution of the City Council of National City approving agreement with Wade and Associates for Construction Management for the Bay Marina Drive Widening Project in the amount not -to - exceed $71,861 and authorizing the Mayor to execute the agreement. Funds are available in the Tax Increment Fund PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583 EXPLANATION Wade and Associates will provide construction management and project coordination services. • J Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director Funds are available in Expenditure Account # 511-409-500-598-3842, Marina Gateway Improvements Account No 511-409-500-598-3R42 STAFF RECOMMENDATION Adopt the Resoluti • BOARD / COMMISSION RECOMMENDATION N/A l ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Project Description 3. Agreement (2 copies) wademarina A-200 (Rev. 7/03) Project Description: The project involves construction of improvements along Bay Marina Drive (West 24`h Street) from Cleveland Avenue to Marina Way (Harrison Street) within the Harbor District Specific Area Plan (HDSAP) and with the Commercial Tourist -Coastal Zone (CT -CZ). The Improvements consist of widening the south side of Bay Marina Drive between Harrison Avenue/Marina Way and Cleveland Avenue; demolition of existing paving, berm, curb and gutter; removal of existing overhead utilities and power poles and under -grounding the utilities; removal of existing railroad tracks, under -drains and warning devices; removal of existing traffic signage and striping and replace with new; install new curb gutter sidewalk, dike and pedestrian ramps; new landscaping and irrigation; decorative street lighting and tree up -lighting; Lithocrete concrete paving, traffic signal modification at Bay Marina Drive and Harrison Avenue, new sewer manhole and lateral, traffic signal conduit and pull boxes for future signal; and closing of Harrison Avenue to through traffic. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH WADE AND ASSOCIATES TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR THE BAY MARINA DRIVE WIDENING PROJECT IN THE NOT -TO -EXCEED AMOUNT OF $71,861 WHEREAS, the City desires to employ a consultant to provide Construction Management Services for the Bay Marina Drive Widening Project; and WHEREAS, the City has determined that Wade and Associates is qualified by experience and ability to perform the services desired by the City, and Wade and Associates is willing to perform such services for the not -to -exceed amount of $71,861. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Wade and Associates to provide Construction Management Services for the Bay Marina Drive Widening Project in the not -to -exceed amount of $71,861. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of February, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney WADE & ASSOCIATES PROJECT MANAGEMENT 11320 MEADOW VIEW ROAD EL CAJON, CALIFORNIA 92020 January 28, 2009 Din Daneshfar, Principal Civil Engineer City of National City 1243 National City Blvd. National City, CA 91950 RE: Project Management Services for the City of National City, Bay Marina Widening Project, Specification #08- Dear Din, TEL (619) 244-3416 FAX (619) 588-5475 byronwade@cox net I am submitting this proposal per your request for a cost estimate to provide project management services for the abovementioned project that is to be completed by•J- -f4 24388. �� i / ,Oct SCOPE As the project manager for this project I will work with the City of National City, their project inspector and the contractor to coordinate all aspects of the construction activities and public outreach, which includes: • Review contract documents, plans, specifications and existing conditions. • Attend and conduct as necessary design review meetings, pre -bid meetings, pre -construction meetings, weekly construction meetings and coordination meetings. • Review plans and specifications assist in getting the project to bid. • Assist in bidding process. • Process RFI's and submittals. • Review, negotiate, recommend and draft change orders for City approval as necessary. • Review and recommend invoices for payment. • Visit the construction as needed to assist in problem resolution. • Maintain a master construction file • Take efforts as necessary and directed to communicate the construction activities to the general public. • Finalize the project per City policy and standards. Sincerely, ade al Project Manager �xhJc-- /� WADE & ASSOCIATES Fee Proposal/Cost Estimate for City of National City Bay Marina Widening Project, Spec. 08-09 Estimated Hours & Sub -Consultants: # Task Pricipal Project Manager Project Manager Admin. Assistant Sub- Consultant TOTALS Project.Management ='= -0 ` 60 80 71,740 1 Total Hours 400 60 80 2 Rates 150 105 68 - 3 Sub Management Fee 10% - - 4 TOTALS 60,000 6,300 5,440 - $ 71,740 Estimated Reimbursable Costs: # Item Type of Units Cost per Units Estimated number of Units TOTALS 1 B&W Copies/Prints 8 1/2" x 11" Each $ 0.20 60 12.00 2 Color Copies/Prints 8 1/2" x 11" Each $ 1.00 - 3 Full Size (D Sheets) Paper Each $ 15.00 - 4 Full Size (D Sheets) Mylars Each $ 30.00 - 5 CD Roms Each $ 5.00 1 5.00 6 Binder, 2" Each $ 22.00 - 7 Binder, 3" Each $ 26.00 4 104.00 8 Contracted Expenses Total - Total Expenses Total Consulting Fee (above) Total Cost Estimate 121.00 71,740.00 $ 71,861.00 10°A) Overhead fee will be charged to subcontracted work or expenses. (via email) Byron S. Wade Principal Project Manager January 28, 2009 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND WADE & ASSOCIATES THIS AGREEMENT is entered into this 17`h day of February , 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Wade & Associates, (the CONSULTANT). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide project management services for the Bay Marina Drive Widening Project. WHEREAS, the CITY has determined that the CONSULTANT is a project management firm 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 Exhibit "A" . The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The 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, not to exceed a factor of 5% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Barbara Tipton 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. Byron Wade thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on actual work performed not -to -exceed $71,861. Monthly invoices will be processed for payment and remitted within 'thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Work to begin upon receipt of signed agreement from the CITY and terminates on September 1, 2009. 7. 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 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 2 City's Standard Agreement - June 2008 revision 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. 8. 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. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. 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. 12. 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. 3 City Standard Agreement - June 2008 revision B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. 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. 14. 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. 4 City's Standard Agreement - June 2008 revision 15. 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. 16. 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. 17. 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: ® 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 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of 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 workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate 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 Agreement. 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 Agreement. 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 5 City's Standard Agreement - June 2008 revision according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. 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. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. 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. 20. 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. 6 Ctty's Standard Agreement — June 2008 revision 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 CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. 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 CITY: To CONSULTANT: Maryam Babaki Engineering Department City of National City 1243 National City Blvd National City, CA 91950 Byron Wade Wade & Associates 11320 Meadow View Road El Cajon, CA 92020 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. 22. 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, 7 City's Standard Agreement - June 2008 revision 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. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 8 City's Standard Agreement - June 2008 revision K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY WADE & ASSOCIATES (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship - one, signat}Jre) By: By: Ron Morrison, Mayor (Print) (Title) APPROVED AS TO FORM: By: George H. Eiser, III (Name) City Attorney (Print) (Title) 9 City's Standard Agreement -- June 2008 revision City of National City, California COUNCIL AGENDA STATEMENT .41EETING DATE February 17, 2009 AGENDA ITEM NO. 9 ITEM TITLE A Resolution of the City Council of the City of National City accepting the work from C.T. Georgiou Painting Company, approving the final contract amount of $35,443.75, and authorizing the filing of a Notice of Completion for the National City City Parks Rehabilitation Painting Project. (Funded through General Funds) PREPARED BY Kenneth Fernandez DEPARTMENT Engineering EXT. 4388 EXPLANATION Please see attached page with explanation. } Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director The final amount ($35,443.75) is within the estimated budget for this project ($41,970.00). Funding is available through Account No.001-409-500-598-4127. (General Funds) Account No. STAFF RECOMMEN ATION Adopt the Resolutio ),/ BOARD / COMMISSI N/A • 47 N RECOMMEND TION a I ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Project Cost Summary 3. Notice of Completion SPEC 07-06-A A-200 (Rev. 7/03) EXPLANATION The National City City Parks Rehabilitation Painting Project, Specification number 07-06-A was completed. All original contract work was finished within the original contract amount of $29,970.00. Additional improvements and supplies via two minor change orders were completed for an additional $5,473.75 for a total project cost of $35,443.75. The original budgeted amount for this project is $41,970.00 per resolution No. 2008-82. Since the painting project was bid, invoiced, and paid via lump sum format, a final balancing change order is not required. The final project cost was for $35,443.75 and is under the budgeted amount of $41,970.00. This latter amount includes the construction bid price of $29,970 plus approximately 20% ($6,000) for contingencies, approximately 15% ($4,500) for construction management services, and approximately 5% ($1,500) for materials testing, inspection, and/or surveying. C.T. Georgiou Painting Company produced professional quality workmanship in a timely manner. The exterior of scheduled buildings at the three park locations (Kimball Park, Las Palmas Park, and El Toyon Park) were painted within project plans and specifications. A final inspection was completed and the work was found to be in accordance with the approved plans and specifications. The purpose of this resolution is to approve the final amount of the project, accept the work performed, and authorize the filing of a Notice of Completion. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK FROM C.T. GEORGIOU PAINTING COMPANY, AUTHORIZING THE CITY ENGINEER TO EXECUTE THE FINAL CONTRACT BALANCE CHANGE ORDER WITH THE FINAL AMOUNT OF $35,443.75, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NATIONAL CITY CITY PARKS REHABILITATION PAINTING PROJECT BE IT RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by C.T. Georgiou Painting Company for the National City City Parks Rehabilitation Painting Project has been completed, the City Council of National City hereby accepts said work, authorizes the City Engineer to execute the contract final balance change order form with the final amount of $35,443.75, authorizes the filing of a Notice of Completion, and orders that payment for said work be made in accordance with said contract. PASSED and ADOPTED this 17th day of February, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CITY OF NATIONAL CITY CITY PARKS REHABILITATION PAINTING PROJECT (PHASE 1) Specification No. 07-06-A PROJECT COST SUMMARY 2/17/2009 No. Item Quantity Units Unit Price Amount ORIGINAL CONTRACT 1 PAINT BUILDING EXTERIOR AT 3 PARK AT KIMBALL, LAS PALMAS, EL TOYON PARKS PER PLANS 1 LS $ 29,970.00 $ 29,970.00 CHANGE ORDERS CO1 PAINT ADDITIONAL LOCATIONS AT KIMBALL AND LAS PALMAS PARKS 1 LS $ 3,850.00 $ 3,850.00 CO2 PURCHASE ADDITIONAL PAINT FOR FUTURE USE 60 GAL $ 27.06 $ 1,623.75 TOTAL: $ 35,443.75 RECORDING REQUESTED ED BY WHEN RECORDFD MAlI IO. NAME: CITY OF NAl1ONAL CITY ADDRESS: 1243 NATIONAL CEIY BOULEVARD NATIONAL CEIY, ('A 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE. SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on February 17, 2009, of the National City City Parks Rehabilitation Painting Project. Work of improvement or portion of work of improvement under construction or alteration. on thepremiscs located at Kimball Park, Las Palmas Park, and El Toyon Park in National City, CA 91950 City State Zip Code Street Address The undersigned owns the following interest or estate in said property: N/A Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with C.T. Georgiou Painting Company Name of Original Contractor The following work and material were supplied: Laborer Groups, Scaffolds, Lifts, "Trucks, and Painting Supplies General statement of kind of labor, services, equipment or materials Dated: The names and addresses of co -owners are: N/A Joint tenants, tenants in common, or other owners , 2009; Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. 1 declare under penalty of perjury that the forgoing is true and correct. Executed on , 2009, at , California. Signature: RON MORRISON, MAYOR N(k'Ol 06.a City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 17, 2009 AGENDA ITEM NO. 10 (EM TITLE Resolution of the City of National City Authorizing the Mayor to Execute an Agreement with BRG Consulting, Inc. in the Amount Not to Exceed $135,729 to Prepare an Environmental Impact Report and Related Technical Studies for an amendment to the Downtown Specific Plan (Case No. SP- 2005-3). (Applicant: Library Village South, Inc.) PREPARED BY DEPARTMENT Raymond Pe, Principal Planner (336-4421) - ' Planning & Building EXPLANATION On December 6, 2005, Council initiated a specific plan amendment to realign the Downtown Specific Plan boundary by adding three half -blocks east of Roosevelt Avenue, south of Civic Center Drive, and north of 16th Street to the plan area. The applicant, Library Village South, Inc., owns most of the half block between 15m and 16"' Streets and proposes to develop two multifamily residential projects totaling 45 units. On September 2, 2008, Council entered into a cost sharing agreement with the applicant for the environmental review of the specific plan amendment. The agreement would allocate approximately two-thirds of the environmental review costs to the City. The applicant has deposited $25,000 with the City as a condition precedent. Requests for proposals were sent to five environmental consulting firms, three of which responded with proposals. A staff selection committee reviewed and ranked the proposals, and the highest ranking firm, BRG Consulting, Inc., was interviewed. The committee negotiated a revised scope of work and budget with BRG Consulting, Inc., the preferred consultant. The not to exceed cost of $135,729 would be reduced to $89,899, if a Negative Declaration is determined to be appropriate for the project, and the City's share in this case would not exceed $59,933. Environmental Review The consultant agreement would initiate the environmental review for the project, which is subject to the California Environmental Quality Act. Financial Statement Approved By: Finance Director The City's share of costs, not to exceed $90,486, would be transferred from 511-445-468-213-0000 (Expert & Consultant Services) to 511-409-500-598-3215 (Downtown Specific Plan). STAFF RECOMMENDATION R4 Adopt the resolution and approve the contract for consultant services to prepare an Environmental Impact Report and related technical studies for the Specific Plan Amendment (Case No. SP-2005-3). BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Resolution 2. Agreement 3. Map Resolution No: A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH BRG CONSULTING, INC., IN THE NOT -TO -EXCEED AMOUNT OF $135,729 TO PREPARE AN ENVIRONMENTAL IMPACT REPORT AND RELATED TECHNICAL STUDIES FOR A SPECIFIC PLAN AMENDMENT (APPLICANT: LIBRARY VILLAGE SOUTH, INC.) WHEREAS, the City desires to employ a consultant to provide environmental consulting services for an Environmental Impact Report and related technical studies for a Specific Plan Amendment; and WHEREAS, the City has determined that BRG Consulting, Inc., is an environmental consultant and is qualified by experience and ability to perform the services desired by the City, and BRG Consulting, 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 in the not -to -exceed amount of $135,729 with BRG Consulting, Inc., for an Environmental Impact Report and related technical studies for a Specific Plan Amendment. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of February, 2009. 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 BRG CONSULTING, INC. THIS AGREEMENT is entered into this day of 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation (the 'CITY"), and BRG Consulting, Inc., a consultant firm (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a consultant to provide environmental consulting services. WHEREAS, the CITY has determined that the CONSULTANT is an environmental consultant and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings 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 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, not to exceed a factor of 10 percent from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Raymond Pe 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. Tim Gnibus thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "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. Furthermore, for purposes of that Cost Sharing Agreement between the CITY and the Developer, the CONSULTANT shall allocate fees and costs proportionately to the work performed for each of the three half -blocks of the project. 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. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 7. 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 tumed 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 expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 Citys Standard Agreement — June 2008 revision 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. 8. 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. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subconsultants, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subconsultant(s) shall require the subconsultant to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the .CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subconsultants, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. 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. 12. 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 3 City's Standard Agreement — June 2008 revision members of the CONSULTANT's trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the fumishing 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. 13. 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. 14. 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 14, 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 4 Citys Standard Agreement — June 2008 revision 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 15. 15. 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, Toss, 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 CONSULTANTs negligent performance of this Agreement. 16. 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 Califomia 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. 17. 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: 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 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of 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 workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate 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 5 City's Standard Agreement — June 2008 revision after expiration of the term (and any extensions) of this Agreement. 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 Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. 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. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. 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. Attomey'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. 19. 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, Califomia, 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. 20. 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. 6 City's Standard Agreement — June 2008 revision 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 CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. 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 CITY: To CONSULTANT: Raymond Pe, AICP Principal Planner City of National City 1243 National City Boulevard National City, CA 91950-4301 Tim Gnibus, AICP Vice President BRG Consulting, Inc. 304 Ivy Street San Diego, CA 92101-2030 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 7 City's Standard Agreement — June 2008 revision 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. 22. 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. ❑ 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 22 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of. this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. 8 City's Standard Agreement — June 2008 revision H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (ili) 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 BRG CONSULTING, INC. (Corporation - signatures of two corporate officers) By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney By: ( 9 ame) Erich R. Lathers (Print) President (Title) Timothy D. Gnibus (Print) Vice President (Title) Citys Standard Agreement — June 2008 revision EXHIBIT A City of National City- Planning & Building Deportment Revised Scope of Work - Downtown Specific Plan Amendment Overall Approach BRG's primary and ultimate goal in Implementing the National City Downtown Specific Plan Amendment environmental work program is to prepare comprehensive, objective, and legally -defensible CEQA documentation. We envision implementing a stepped approach that emphasizes communication with the City and milestone "check -ins" to ensure that our project understanding, approach to analysis, and conclusions are verified and concurred with by City staff as we move through thls process. This Is especially critical with respect to the environmental determination - Negative Declaration vs. Environmental Impact Report. BRG's general approach can be summarized as follows: • Review - existing available data (e.g., Downtown Specific Plan Program EIR), and conduct a site visit to assess existing environmental conditions and the amount and type of development that currently existing within the project area. • Analyze - development assumptions in the Downtown Specific Plan, potential net change in development for both "ground to plan" and "plan to plan." Utilize relevant environmental data from available environmental documentation to support Initial Study preparation. Assess the conclusions of the Program EIR with respect to the proposed Specific Plan Amendment. • Report Findings - meet with City staff at appropriate phases (e.g.'s, to discuss results of initial data review and Program EIR conclusions, confirm project description and development assumptions, review and confirm technical study findings). • Prepare Project Description for "Basis of Analysis" - prepare a project description that will form the basis of environmental analysis and confirm project description assumptions with City prior to commencing certain technical study analysis (e.g., traffic). • Technical Studies - where appropriate, prepare technical studies (e.g. traffic). This step will be the most critical in determining whether an EIR is required. • Prepare CEQA Initial Study - a detailed Initial Study will be prepared which will be utilized either: 1) to support the finding of a (Mitigated) Negative Declaration, or to focus the environmental issues to be addressed should a determination be made that an EIR is required. • Formal Environmental Determination supported by Initial Study • Prepare Negative Declaration and Complete Environmental Review (if applicable) Prepare Environmental Impact Report Scope and Complete Environmental Review (if applicable) • Prepare Notices • Prepare Mitigation Monfforing and Reporting Program • Prepare CEQA Findings of Fact and Statement of Overriding Considerations (if applicable) BRG Consulting, Inc. -1- December 4, 2008 City of National City - Planning & Budding Department Revised Scope of Work - Downtown Specific Plan Amendment Scope of Work TASK 1: DATA COLLECTION, REVIEW AND ANALYSIS, AND SITE VISIT Under Task 1 BRG will conduct initial data collection for the project (e.g., obtain current ambient air qualify data, review available existing environmental document data base including the Downtown Specific Plan Program EIR, etc.). BRG will analyze development assumptions in the Downtown Specific Plan, and the potential net change in development for both "ground to plan" and "plan to plan" for the proposed Specific Plan Amendment project area. We will utilize relevant environmental data from available environmental documentation to support Initial Study preparation and assess the conclusions of the Program EIR with respect to the proposed Specific Plan Amendment. Once this work effort has been completed, BRG will meet with City staff to discuss results of initial data review and Program EIR conclusions. We will conduct a site visit to obtain a full understanding of current site conditions and existing amount of development on the site. TASK 2: PROJECT DESCRIPTION BRG will prepare a detailed Project Description that will form the basis of analysis of environmental review for the proposed project. This project description will be suitable for inclusion in either a (Mitigated) Negative Declaration or Environmental Impact Report. The purpose of this task is to ensure that City staff, and the environmental team have a complete understanding of the project prior to commencing detailed environmental analysis. We will prepare a Draft Project Description which will be provided to City staff for review and comment. The Draft Project Description will be revised based on one round of comments received by the City (i.e., there will be one review cycle for the Project Description). We will meet with the City if needed to confirm that the elements of the Project Description are accurate. TASK 3: TECHNICAL STUDIES Based on our current understanding of the project area and the proposed Specific Plan Amendment, we envision technical studies will be needed for traffic and circulation, air quality, greenhouse gas emissions, and noise, cultural resources, and hazardous materials. The following identifies the detailed scope of work associated with each of these studies. As an outcome of the technical study preparation, we would meet with City staff, if needed, to confirm the findings and conclusions of these studies. Land Use/Planning/Community Character Analysts The CEQA document will assess the potential impacts to neighborhood and community character, existing land uses, and the existing visual environment that could result from the proposed change in land use/zoning designation, density/intensity of use, building bulk and mass, and scale of development. Because the project involves a Specific Plan Amendment, and corresponding development regulations, an important aspect of the disclosure in the CEQA document will be to illustrate to the lay person the change in potential building massing and height that could occur on the project site as compared to existing regulations. Two massing studies and associated street cross -sections will be prepared, utilizing computer modeling software. It is not anticipated that a detailed visual simulation will be prepared, rather, a series of transparent building 'envelopes' would be shown. Two cross -sections will also be created to illustrate this regulatory change. II BRG Consulting, Inc. -2- December 4. 2006 City of National City - Planning & Building Department Revised Scope of Work - Downtown Specific Plan Amendment Traffic and Circulation BRG will utilize LOS Engineering, Inc. to prepare the traffic study. The traffic study will document the proposed changes in land use and determine the extent of traffic increase (daily and peak hours) under near -term and long-term conditions. The analysis will include intersections, segments, and arterials. The cost of a San Diego Association of Governments (SANDAG) Series 11 Select Link Assignment traffic model is included in the scope of work. The following methodology would be applied to determine if a potential significant impact would occur due to the proposed Specific Plan Amendment: 1) The SANDAG modified Series 11 traffic model being developed as part of the Westside Specific Plan will be used as the baseline for the proposed SPA. Current estimates place the availability of the modified Series 11 model within 6 weeks. Upon acceptance by City staff, the modified Series 11 model will be used to forecast the proposed SPA. 2) The SANDAG modified Series 11 traffic model parameters would be reviewed, updated, and a new model would be run with the proposed land use changes for the proposed SPA. 3) The study area has been defined by City staff that includes approximately 15 intersections and approximately 26 segments. The intersection analyses will be based on the operations analysis that is consistent with the Westside Specific Plan analysis. 4) The traffic analysis would document the Tong -term changes in traffic for the study area intersections, segments, and arterials. 5) The traffic study format would comply with California Environmental Quality Act (CEQA) requirements for either an Environmental Impact Report (EIR) or Mitigated Negative Declaration (MND). 6) A pedestrian connectivity analysis will be included for the 3 1 /2 block area making up the SPA. The pedestrian component will include origin/destination elements, transit, and midblock crossing applicability. TASK 1: Project Initiation and Data Collection 1) Coordinate with the client and or development team to learn the project objectives. 2) Coordinate or meet with the reviewing agency to scope the project analysis requirements. 3) Obtain from the City the intersection and segment data. if available, obtain the Synchro baseline model developed for the Westside Specific Plan. 4) Visit the project site including the surrounding area to note existing conditions with respect to: intersection control, intersection lanes, intersection signal phasing, street widths, street types, surrounding parking restrictions, and any other needed traffic control information. BRG Consulting, Inc. -3- December 4, 2008 City of National City - Planning & Building Deportment Revised Scope of Work - Downtown Specific Plan Amendment 5) Obtain relevant information from approved traffic reports approved cumulative or agency requested cumulative projects. Cumulative projects are other projects that are planned but not completed but would generate traffic upon opening. TASK 2: Long -Term Analysis 1) Obtain long-term (year 2030) street segment traffic volumes from the modified Series 11 model. 2) Determine long-term street segment and intersection Level of Service (LOS) with the proposed project. 3) Determine the existing peak hour LOS at the key intersections using the 2000 Highway Capacity Manual (HCM) methodology for intersections and on the street segments using the agency's table. 4) Estimate potential long-term significant impacts based on agency criteria. 5) Recommend long-term mitigation measures if required. TASK 3: Report, Comments, Meetings, and Hearings (up to 8 hours) 1) Submit a draft traffic report to the Client for review. Make one round of edlltorid changes if requested by the Client and submit to the Client or reviewng agency. 2) Address the comments and letters submitted to the Planning Commission and City Council for public hearings on the project, address the traffic impact issues, and attend as needed meetings or hearings for a total of up to 8 hours. Air Quality BRG will utilize Investigative Science and Engineering (ISE) to address potential air quality, acoustical, and greenhouse gas/global warming (GHG/GW) impacts. The following identifies ISE's detailed scope of work for each of these issue areas. TASK 1: Assessment of Existing Site Levels The existing project site conditions will be quantified in the following manner: • Ambient air quality data will be collected utilizing best available data from Califomia Air Resources Board (CARB) monitoring stations located near the project areas. Levels for ozone (03), carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), and particulate matter (PM10) are typically available from these stations. • ISE will augment this data, as ISE deems necessary, with short-term onsite ambient field monitoring using a Quest Model AQ5001 Pro air toxics meter using electrochemical sensors and/or sampling and analysis in our air/water quality lab. In house laboratory testing, should it be deemed necessary by ISE, would be performed using Tediar®- bagged ambient air samples processed using residual gas analysis (mass spectrometry) techniques. • BRG Consulting, Inc. -4- December 4, 2008 City of National City - Planning & Building Department Revised Scope of Work - Downtown Specific Plan Amendment TASK 2: Assessment of Construction and Operational Impacts Construction -related air quality emission levels will be quantified in the following manner: • Fugitive dust issues will be addressed for construction vehicle activity, grading, and hauling operations. Overall site levels (in pounds per day) will be tabulated. • Applicable diesel toxics emissions and associated health risk will be quantified. Operational air quality impacts from the proposed facility will be quantified in the following manner: • Air quality impacts due to facility emissions will be cataloged and compared against applicable EPA/SDAPCD guidelines. Applicable chemical toxics will be addressed. Should exceedances be identified, dispersion screening will be performed using the EPA SCREEN3 model. ISE will perform an air toxics screening assessment consistent with past City requirements. TASK 3: Design of Mitigation Measures General mitigation measures to control onsite emissions and dust levels at the project site will be developed. The proposed mitigation would be consistent with the City air quality standards. Noise TASK 1: Assessment of Existing Site Levels The existing project site conditions will be quantified in the following manner: The ambient noise environment will be quantified based on short-term sound level measurements taken at up to six (6) locations onsite. Ambient noise level data will be recorded in hourly equivalent sound levels (or Leq-h) along with the applicable statistical metrics L10, L50, L90 and maximum and minimum observed levels. All measurements will be conducted using integrating sound level meters, which meet the American National Standards Institute (ANSI) requirements for a Type 2 meter. The sound metrics gathered would be consistent with those identified in applicable City General Plan Noise Elements. All recorded field data collected directly by ISE will be logged with annotations regarding dote of test, time of test, site location (non -differential GPS mark), ambient conditions, temperature, wind speed and direction, and observer comments. Photo documentation will be made available to the client upon request at no additional charge. TASK 2: Assessment of Traffic and Operational Impacts Build -out area noise emission levels will be quantified in the following manner: • Exterior noise levels along major roadway segments servicing the area will be calculated using the TNM 2.5 Vehicular Traffic Noise Prediction model using California Noise Emission (CALVENO) Factors. Future build -out year traffic data will be obtained from the project traffic study. All noise levels will be presented in terms of Community Noise Equivalence Level (or CNEL) contours. Impacts to BRG Consulting, Inc. -5- December 4, 2008 City of National City:- Planning & Building Department Revised Scope of Work - Downtown Specific Plan Amendment adjacent land uses will be quantified based upon standards established in the City General Plan Noise Element. Operational impacts will be determined from the project on the surrounding land uses using the IS3 Industrial Source propagation model. Onsite activities will be quantified upon design information provided by the project applicant. TASK 3: Design and Mitigation Measures Should noise -attenuating devices (such as walls, berms, or structural modifications) be required to mitigate exterior noise levels from related activity, they will be designed in accordance with applicable City's General Plan and Circulation Elements. The design will be such as to maximize the aesthetic quality of the attenuating device. Greenhouse Gas/Global Warming Impact Assessment TASK 1: Project related greenhouse emissions and its effect on local and global warming would be analyzed in the following manner: • ISE will provide an informative discussion of the evolution of global warming and the previous findings of the United Nations Intergovernmental Panel on Climate Change (IPCC). • ISE will quantify construction and project trip generated Greenhouse Gas (GHG) emissions (i.e., CO2 levels and equivalent gasses) using the methods commonly used during the performance of an Air Quality Conformity Assessment. • ISE will calculate the net change in solar radiative forcing due to equivalent annual CO2 levels for a thermodynamically closed system under an Urban Heat Island condition. The approach will be consistent with the findings of the Third Assessment Report of Working Group I of the Intergovernmental Panel on Climate Change (IPCC). • • Finally, ISE will calculate the net annual change in temperature using the IPCC's cited surface air temperature sensitivity factors. TASK 2: Design and Mitigation Measures ISE will recommend greenhouse gas control measures currently identified by the State of California as part ofAB32. Archaeology and Historical Resources BRG will utilize ASM Affiliates, Inc. to prepare a cultural and historical resources technical report for the proposed project for compliance with City of National City CEQA guidelines. ASM's proposed scope of work will involve a search of maps and site records for the project area at the South Coastal Information Center (SCIC) at San Diego State University, followed by a pedestrian survey of the project property. All work will be performed by RPA-certified, senior staff members who met or exceed qualifications per the City of San Diego's cultural resource guidelines. BRG Consulting, Inc. -6- December 4, 2008 City of National City - Planning & Building Department Revised Scope of Work - Downtown Specific Plan Amendment Documentation of Native American consultation will be required under Senate Bill 18 guidelines. ASM will send a letter to the Native American Heritage Commission (NAHC) requesting a review of its Sacred Lands Inventory files. NAHC will respond by either providing information on any Sacred Lands located within the project area or with a list of Native American tribes and representatives that may be able to provide further information about such properties in relation to the project area. ASM will endeavor to make direct contact (e.g. letter followed by telephone call) with Native American representatives with interest in the project community. Native American consultation will include discussion of any potential project impacts to archaeological sites or traditional cultural places known to the Native American representative or the project archaeologist. The NAHC can recommend contacts in the Native American community if the proponent is not acquainted with interested parties. As the proposed study area is developed, the pedestrian survey will focus on the built environment. Building records will be acquired for all buildings within the study area to determine dates of construction. Each of the buildings within the study area will be photographed from the public right-of- way and notes will be taken regarding architectural features and historical integrity for each building. Following compilation of records search information and field reconnaissance, ASM will prepare the draft technical report. The technical report will be prepared in compliance with the California Office of Historical Preservation Archaeological Resources Management Report guidelines and will include a historical context for the development of National City, detailed description of each building's architecture. photo documentation for each building, and an assessment of potential eligibility to the California Register of Historical Resources (CRHR). The potential for buried archaeological resources will also be assessed. Should any buildings appear to be eligible to the CRHR, recommendations will be made for formal evaluation. We will provide an additional proposed scope of work and cost estimate for any formal evaluations. Hazardous Materials BRG will utilize Environmental Resources Management (ERM) to provide a Hazardous Materials assessment for the project area. An initial review of the existing hazardous materials information has been conducted by ERM. This information includes the Phase I Environmental Site Assessment for Block 064 (SCS Engineers, 2006) and the Hazardous Materials Technical Study. Based on the information we have at this time, ERM's work effort has been reduced to reflect available data, and Option III of ERM's scope of work will be implemented. This option assumes that the City will not require or request a full Phase I ESA for any of the subject parcels. Under this option, ERM will provide environmental consulting services and provide a professional opinion regarding the environmental conditions of the subject parcels, which would support the CEQA document being prepared for the Specific Plan Amendment. The professional opinion/assessment will be based upon a site reconnaissance visit and review of reasonably obtainable information about the subject parcels such as: BRG Consulting, Inc. -7- December 4, 2008 City of National City - Planning & Building Department Revised Scope of Work - Downtown Specific Plan Amendment • Review of historical sources of information, as available; • Review of federal, state, tribal and local govemment records; • Visual inspections of the facility and adjoining properties; and • Commonly known or reasonably ascertainable information about the subject property. Option III specifically does not include the costs associated with either an Environmental Lien or Chain - of -Title search for any of the subject parcels. Further, Option (II does not propose to complete a Phase I ESA in conformance with the ASTM Standards. Option III includes the preparation of a single, "stand alone" report that will include a summary of ERM's findings and ERM's professional opinion regarding the environmental conditions of the subject parcels. TASK 4: CEQA INITIAL STUDY BRG will prepare a screencheck draft and a Draft Initial Study in accordance with State CEQA Guidelines (Section 15063[d]). The Initial Study will be completed in a manner so as to thoroughly document why all issues associated with the Specific Plan Amendment have been evaluated as not having a significant effect on the environment, or that measures have been incorporated into the project to reduce the impact to a level less than significant (or that project's mitigation measures have been included as conditions of project approval so as to reduce the level of significance). Conversely, if a determination is made that an EIR is required, the Initial Study will be relied upon as the tool to focus the environmental issues to be examined in further detail in the EIR. We will prepare a screencheck Initial Study for review and comment by City staff, and revise the Initial Study based on City staff comments. TASK 5: PREPARATION OF ENVIRONMENTAL DOCUMENTATION The following identifies the scope of work associated with either the preparation of a (Mitigated) Negative Declaration or Environmental Impact Report. If it is determined that the Specific Plan Amendment can be addressed through the preparation of a Negative (or Mitigated) Declaration, then the majority of work related to this process will have been completed during Tasks 1 through 4. The specific tasks associated with the preparation of a Negative (Mitigated) Declaration are identified below as Tasks 5A-1 through 5A-3. Related tasks also include Tasks 6. 7, and 8 below. TASK SA: NEGATIVE DECLARATION SCOPE OF WORK (OPTION 1 FOR CEOA COMPLIANCE) Subfask 5a-1: Prepare Draft (Mltgated) Negative Declaration Based on the CEQA Initial Study completed under Task 4, BRG will prepare a Draft (M)ND consistent with State CEQA Guidelines and the City's format and content requirements for (M)NDs. A screencheck (Mitigated) Negative Declaration document, including the Initial Study will be submitted to the City for review and comment. The (Mitigated) Negative Declaration will be revised based on City comments and the public review Draft (Mitigated) Negative Declaration will be prepared. The appropriate number of copies will be provided to the City for distribution. BRG Consulting, Inc. -8- December 4, 2008 City of National City Planning & Building Department Revised Scope of Work- Downtown Specific Plan Amendment Subtask 5a-2: Prepare Final (Mitigated) Negative Declaration for City Adoption BRG and City staff will review comments received during the public review period. Although not technically required by CEQA, BRG will finalize the Draft (M)ND that will include written responses to any public comment letters received during the public review period. BRG will provide a screencheck "final" (Mitigated) Negative Declaration for City staff review. After City staff review, BRG will finalize the (M)ND and provide copies to the City. Other tasks associated with the Negative Declaration process (meetings, noticing, and mitigation monitoring and reporting program) are identified in Tasks 6, 7, and 8. TASK 56 - ENVIRONMENTAL IMPACT REPORT SCOPE OF WORK (OPTION 2 FOR CEQA COMPLIANCE) If a determination is made that an Environmental Impact Report is appropriate for the Specific Plan Amendment, the following tasks would be completed. Our approach will be to utilize the existing environmental database to the fullest extent that is available in the Downtown Specific Plan Program EIR and supplement that information with BRG's independent research and analysis and the technical studies identified in Task 3. Subtask 58-1: Determine Scope and Appropriate Type of EIR We expect that the scope of the EIR would be determined through preparation of the Initial Study under Task 4. However, if a determination is made that a Supplemental EIR is appropriate for this project (CEQA § 15163), then the format would be modified as appropriate to meet this CEQA Guideline. Subtask 58-2 Screencheck Draft EIR BRG will prepare an EIR for the proposed project that addresses all project components as well as current and future discretionary actions associated with implementation of the project. We understand that the CEQA document must ultimately be certified as reflecting the independent judgment of the lead agency. The EIR will comply with the criteria, standards and procedures of the California Environmental Quality Act of 1970 (Public Resources Code Section 21000 et seq.), the State CEQA Guidelines (California Code of Regulations Section 15000 et seq.) as amended, the City of National City's environmental review procedures, and the regulations, requirements and procedures of any other responsible public agency with jurisdiction by law over the project. BRG will prepare a Screencheck Draft EIR for the proposed project for review by the City. The Screencheck Draft EIR will analyze the proposed project at the level of detail provided in the Project Description. We understand that certain components of the project may not come "on-line" until a future date. The approach of the EIR analysis will be to address the whole of the project to the degree that project components are known, while providing flexibility to decision -makers and minimizing any need for future, subsequent environmental review as individual project components move forward. BRG Consulting, Inc. -9- December 4, 2008 City of Notional City - Planning & Building Department Revised Scope of Work - Downtown Specific Plan Amendment We will also utilize the existing environmental database associated with the previous approval for the project site to the extent feasible. The EIR will include the following Sections: • Table of Contents • Introduction • Executive Summary • Project Description • Environmental Setting • Environmental Impact Analysis • Significant Irreversible Environmental Changes • Impacts Found Not To Be Significant • Cumulative Impacts • Growth -Inducing Impacts • Alternatives • References. Persons and Agencies Contacted and EIR Preparation • Technical Appendices The following sections are anticipated in the EIR. The approach to the primary technical analyses has been described under Task 3 Technical Studies. The scope of the EIR would be determined through Task 4 and 5B-1. All EIR text will be supported by figures, tables, and charts as appropriate. Subtask 5B-3: Draft E1R BRG will incorporate City comments on the Screencheck Draft EIR and provide a quality control review. We will provide one "pre-print" Draft EIR to the City for a final review and check prior to printing of the Draft EIR. BRG will be responsible for the printing of the Draft EIR. For this task we assume a total of 50 copies of the Draft EIR and corresponding technical appendices will be printed. Fifteen (15) copies of the Draft EIR will be distributed by Federal Express to the State Clearinghouse to initiate the 45-day public review period. We will also provide the City with one electronic version in a format suitable for provision on CD and/or the City's website. Subtask 5B-4: Responses to Comments BRG will prepare responses to all written comments received on the Draft EIR during the 45-day public review period. Each comment letter received will be assigned a letter (e.g. Letter A, Letter B, etc.) and each individual comment will be numbered accordingly. BRG will prepare a screencheck set of responses to comments received for review by the City. Our cost estimate assumes a total of 100 individually numbered comments will be received on the Draft EIR. Please note a single comment letter may contain numerous numbered comments. .BRG Consulting, Inc. -10- December 4, 2008 City of National City - Planning 8. Building Department Revised Scope of Work - Downtown Specific Plan Amendment Subtask 5B-5: Final EIR BRG will prepare a Final EIR that incorporates the responses to comments and any modifications to the Draft EIR necessary as a result of the comments received on the Draft EIR. The Final EIR will include all required contents pursuant to CEQA Guideline 15132. Other tasks associated with the Environmental Impact Report process (meetings, noticing, and mitigation monitoring and reporting program) are identified in Tasks 6, 7, and 8. Task 5B-6: CEQA Findings of Fact/Statement of Overriding Considerations BRG will prepare the Candidate CEQA Findings of Fact pursuant to CEQA Guideline Section 15091. BRG will identify project changes, alterations, and required mitigation identified in the Draft EIR which avoid or substantially lessen the significant environmental effects. If there are mitigation measures or alternatives to the project identified in the EIR which could reduce the adverse consequences of the project but which are determined infeasible, BRG will provide the required CEQA findings, giving the specific economic, social or other conditions which render the mitigation measure or alternative infeasible. It may be necessary for the City to provide specific information to assist BRG with this task. BRG will prepare Draft CEQA Findings of Fact and the Statement of Overriding Considerations if necessary) for review by the City. Based on City review and comment on the Draft CEQA Findings of Fact and Statement of Overriding Considerations, BRG will prepare a Final CEQA Findings of Fact/SOC document which will be adopted in conjunction with certification of the Final.EIR. TASK 6: MITIGATION MONITORING AND REPORTING PROGRAM Whether a Mitigation Negative Declaration or EIR is prepared, BRG will prepare a Mitigation Monitoring and Reporting Program (MMRP) in accordance with Public Resources Code Section 2I081.6(a)(1) and California Code of Regulations Section 15091. The components of the MMRP will include: specific monitoring activities; implementation phase or milestone; identification of the party responsible for implementation; identification of the party responsible for monitoring; criteria for evaluating the success of each mitigation measure; and, compliance verification criteria. BRG will prepare a Draft MMRP for review by the City. Based on City review and comment on the Draft MMRP, BRG will prepare a Final MMRP for adoption as part of the City adoption of the Negative Declaration, or certification of the EIR and approval of the proposed project. TASK 7: CEQA NOTICES Task 7.1: Notice of Preparation If an EIR is required, BRG will prepare the Notice of Preparation. BRG will prepare the NOP in two formats: 1) in a format appropriate for publishing in a newspaper of general circulation; and, 2) in a format appropriate for mailing to appropriate agencies and other entities or individuals. We would provide the City with the appropriate number of copies of the NOP. BRG Consulting, Inc. -11- December 4, 2008 City of National City- Planning & Building Department Revised Scope of Work - Downtown Specific Plan Amendment Task 7.2: Notice of Completion, Notice of Intent. Notice of Availability Depending on the CEQA document needed, BRG will prepare the appropriate CEQA-related notices - Notice of Completion, Notice of Intent, and Notice of Availability. The Notice of Completion would be completed for any documents submitted to the State Clearinghouse. BRG will prepare either the Notice of Intent (NOI) to Adopt the (M)ND), or the Notice of Availability (NOA) and provide to the City in two formats: 1) in a format appropriate for publishing in a newspaper of general circulation, and 2) in a format appropriate for mailing to appropriate agencies. Task 7.3: Notice of Determination BRG will prepare the Notice of Determination (NOD) for the (Mitigated) Negative Declaration or EIR, and obtain signatures from the appropriate contact person at the City. We assume that the City will be responsible for paying the Department of Fish and Game -filing fee ($1,876.75, effective January 1,2008). if applicable. However, it appears that a No Effect finding pursuant to California Fish and Game Code Section 711.4(c)(2) could be obtained from the Department of Fish and Game (DFG) for this project, eliminating the need to pay the DFG filing fee. This determination will require consultation with the Department during the preparation of the (M)ND or EIR. TASK 8: MEETINGS AND HEARINGS Task 8.1: Staff Meetings BRG Senior Project Manager will attend meetings with City staff to initiate the project. review data, confirm technical report findings, review screencheck document comments, and resolve issues as they arise through the process. Our scope provides for attendance of Senior Project Manager at approximately 6 staff meetings during the course of the project. Task 8.2: Scoping Meeting (EIR Only) If an EIR is required, a public scoping meeting will be held for the proposed project to solicit input from the public and public agencies as to the scope and content of the EIR. BRG will assist the City with holding a public scoping meeting. We assume that the City will make available an appropriate meeting place for the scoping meeting. BRG will prepare scoping meeting materials and will handle the CEQA related portion of the presentation. Task 8.3: Hearings BRG Principal and/or Senior Project Manager will attend up to two public hearings for the certification of the environmental document. We will be prepared to provide, necessary expert testimony to support the data and conclusions contained in the environmental document. Budget BRG proposes to complete the services described above for a not -to -exceed fixed -fee of $89,899 for a Negative Declaration and $135,729 for an EIR. The fees quoted reflect the maximum cost that would be charged, including reimbursable expenses, with the exception that, if extensive public comments are received on the Draft Negative Declaration or EIR, the task associated with preparation of responses to comments would be negotiated with the City at that time. .i. 11 BRG Consulting, Inc. -12- December 4. 2008 Downtown Specific Plan Amendment Principal Project Manager Envion Analyst 11 Environ Angst 1 CARD/ Graphics Envion Analyst I Production Total BRG Hours BRG Labor Cost TASK 1 - DATA COLLECTION, ASSESS, SITE VISIT Z 70 6 2 8 4 0 32 54,170 TASK 2 - PROJECT DESCRIPTION 2 8 76 4 12 Q 2 44 35,260 TASK 3- TECHNICAL. STUDIES (Coord(nation) 0 12 2 4 2 0 0 20 $2,790 TASK 4 - CEQA INITVIL STUDY Z 74 8 48 97 24 12 209 $21,295 Total Tasks 1 through 4 333,515 TASK 5 - CEQA DOCUMENTATION TASK SA - Negative Declaration , Task SA-1 Prepare Draft Mitigated Nen. Dec, 0 4 16 0 4 8, 12 44 34,280 Task ,%A-Z Prepare Final Masted Neg. Dec. 2 16 24 Q. 0 8. _ 58 57.030 Total Task SA (Negative Declaration) S11,370 TASK 58 - EiMronmental Impact Report Task 5B-1 Score and Type of EIR 0\ 4 0 0 0 0 0 4 3680 Task 58-2 Screencheck Draft OR 8 37 56 42 24 92 32 286 329,240 Task 58-3 Draft DR 2 8 24 16 8 32 16 706 $1t 3S0 Task 58-4 Response to Comments z 16 0I 0 0 24 8 so 35,830 Task 58-5 final EIR 0 8 0 Q 4 8 8 28 33.020 Task 58-6 - CEQA FINClNGS/SOC 0 6 0 18 0 0% 0 24 $2,640 Total Task 58 (ErMronmental Impact Report) 351,760 TASK 6- MMRP 0 4 8 4 0 0 6 22 $2.350 TASK 7 - CEQA NOTICES Subtask 7.1 Notice of Preparation 0 ., 4 0 0 0 4 1 10 37, 750 Subtask 7,2 NOC, NOI or NOA 0 2 4 9 0 8 2 16 $1„570 Subtask7.3NotiesofDetemilnatlon._._...-._._._o_._._2 Subtotal Task 7 Negative Declaration Notices 0 8 ._-_2 6 ._.— 0 0 ._._.a-_._.o._-_._.-.. 0 12 1,---• 5 5 31 _._-_5625- S2,135 Subtotal Task 7 EIR Notices 0 12 12 Q 0 20 6 52 $3 285 Task 8 MEETINGS AND HEARINGS Subtask 8.1-Team/Staff Meetings 4 10 0 0 0 0 0 14 $2,960 Subtask 8.2 - 5codrg Meeting 0 4 0 a 2 4 7 12 398Q Stibtasfc8.3-.Herir9s._._._._-_-_____ Subtotal Task 8 Negative Declaration Meetings 6.-._._6 l0 20 ._._0.__0 0 0 .__O 2 _ _ O - 4 _ - - _ _ _ 0_._.i2_._.32f910 • 2 38 $5,870 $6 850 Subtotal Task 8 BR Meetings 76 30 0 0_ _ 4 8 4 62 LOS Engineering, g, Inc.(Traffic Report) NOTE Cost includes SAIOAG Mod,/ Investigative Science and Engineering (Air Quality, GHG, and Noise technical reports) ASM Affiliates (Cultural and Historical Resources Report) ERN (Hazardous Materials Assessment Report) S+Oconsvem Adri Istratin. Cost Total Subconauftant Cost $10,000 $7,500 S6,654 $6,500 33,065 333 719 Neg Dec Process - Mileage & Postage, delvery, rdcehnsous painting EIR Process - Mileage & Postage, delvers. rniscelanews printing TOTAL NEGATIVE DECLARATION COST ESTIMATE S1,000 $4250 S 89.899 TOTAL EIR COST ESTIMATE BRG Consulting, Inc. f 135,729 December 9, 2008 City of National City - Planning & Building Department Revised Scope of Work - Downtown Specific Plan Amendment BRG Task -by -Task Work Schedule Environmental Review/Determination Kickoff Meeting Data Collection & Analysis Draft Project Description City Review Project Description Final Project Description Technical Reports Screencheck Initial Study City Review Finalize Initial Study Environmental Determination Negative Declaration Screencheck Draft Neg Dec City Review Public Review Draft Neg Dec 30-day Public Review Responses Draft MMRP City Review Finalize ND, MMRP Environmental Impact Report Draft Notice of Preparation City Review NOP Review Period Scoping Meeting Screencheck Draft EIR City Review Draft EIR Public Review Response to Comments City Review Screencheck Final EIR Draft MMRP Draft CEQA Findings City Review Final MMRP Final CEQA Findings Final EIR 1 14 14 7 7 42 28 7 7 1 14 14 7 30 7 7 7 7 7 3 30 1 35 14 7 45 14 7 7 7 7 7 7 7 7 2/9/09 2/23/09 2/23/09 3/2/09 3/9/09 2/9/09 - 4/20/09 3/9/09 - 4/27/09 5/4/09 5/ 11 /09 5/12/09 5/26/09 6/9/09 6/16/09 7/16/09 7/23/09 7/23/09 7/30/09 8/6/09 5/19/09 5/22/09 5/25/09 - 6/25/09 (during NOP 30-day) 6/19/09 7/3/09 7/10/09 7/10/09 - 8/24/09 9/7/09 9/14/09 9/21/09 9/28/09 9/28/09 10/5/09 10/12/09 10/12/09 10/12/09 111 BRG Consulting, Inc. -13- December 4, 2008 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID LM BRGCO-1 DATE (MMIDDIYYYY) 01/27/09 PRODUCER Marrs Maddocks & Associates Insurance Svcs, Inc. #0818269 1903 Wright Place, #280 :arlsbad CA 92008 Phone:760-804-0402 Fax:760-804-0942 INSURED BR0GG Cons4 ulting, Inc. 3t. San Diego CA 92101-2030 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 NAIC # INSURER A: Rockhill Insurance Company INSURERS. Safeco Insurance Company wsURER c. Oak River Insurance Co. INSURER D. 28053 34630 INSURER E. COVERAGES THE ANY MAY POLICIES. IRSR: LTR POLICIES REQUIREMENT, PERTAIN, ADITL INSRD 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 THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -VOID -IC TYPE OF INSURANCE POLICY NUMBER PTLICY EFFECTIVE DATE (MM/DD/YY) POLICY UPI DATE (MM/DD/YY) LIMITS _ A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY RPKGE001526 01/20/09 01/20/10 EACH OCCURRENCE $ 2 0 0 0 0 0 0 UAMAIit IU HtNI tU PREMISES (Ea occurence) S 50000 CLAIMS MADE [ X 1 OCCUR MED EXP (Any one person) S 5000 X Ded $2500 PERSONAL Si ADV INJURY S 2000000 GENERAL AGGREGATE $4000000 GENT_ AGGREGATE LIMIT APPLIES PER: —7 POUCY [X-1 JEO T i LOC PRODUCTS - COMP/OP AGG $ 4000000 B AUTOMOBILE _X X X LIABILITY ANVAuro ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 02CD11526180 07/26/08 07/26/09 COMBINED SINGLE LIMIT (Ea accident) S 1000000 BODILY INJURY (Per per5on) - S BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) S _ GARAGE lAtsPr LIABILITY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG S EXCESS/UMBRELLA —1 UABILITY OCCUR ( 1 CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ S $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yyeess describe under SPEGALPROVISIONSbelow 2210001867-081 12/01/08 12/01/09 M. —O R X ORY WC LIMITS TORY LIMITS ER EL. EACH ACCIDENT $1000000 E.L. DISEASE - EA EMPLOYEE $ 1000000 EL. DISEASE-POLICYUMT $ 1000000 A OTHER Professional Ded $5000 RPKGE001526 01/20/09 01/20/10 Aggregate 4000000 Ea Limit 2000000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS The City of National City, its elected officials, officers, agents & employees are named additional insured including Per Project Aggregate with forms to follow form company. Additional insured incl on Auto CA7110(3/07). *10 day notice of cancellation for nonpayment of premium CERTIFICATE HOLDER CANCELLATION NATCITY City of National City c/o City Attorney's Office 1243 National City Blvd. National City CA 91950-4301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2001/08) © ACORD CORPORATION 1988 POLICY NUMBER: 4000002623-081 COMMERCIAL GENERAL LIABILITY CG 2010 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that is: 1. An owner of real or personal property on which you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker; or 2. A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to 'bodily injury" or "property damage" occurring after: CG20101001 (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. © ISO Properties, Inc., 2000 Page 1 of 1 COMMERCIAL GENERAL LIABILITY ECG 24 511 05 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY PROVISION - YOUR OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 4., Other Insurance of Conditions (Section IV) is amended by the addition of the following: If other insurance similar to this insurance is held by a third party named below, this insurance is primary to that other insurance but only with respect to liability arising out of your ongoing operations performed for that third party under a written contract. SCHEDULE Name of third party: Any person or organization that is: 1. An owner of real or personal property on which you are performing operations, or 2. A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and if 1. That request is made prior to the date that your operations for that person or organization commenced; and 2. A certificate of insurance evidencing that request is on file with, or received by, us prior to sixty days after the end of the policy period for this insurance. ECG 24 511 05 00 Copyright, Everest Reinsurance Company 2000 PAGE 1 OF 1 Includes copyrighted material of Insurance Services Office, Inc. used with its permission Copyright, Insurance Services Office, Inc., 1997 COMMERCIAL AUTO CA71100307 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. EXTENDED CANCELLATION CONDITION Paragraph 2.b. of the CANCELLATION Common Policy Condition is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. TEMPORARY SUBSTITUTE AUTO — PHYSICAL DAMAGE COVERAGE Under paragraph C. — CERTAIN TRAILERS, MO- BILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS of SECTION 1 — COVERED AUTOS, the following is added: If Physical Damage coverage is provided by this Cov- erage Form, then you have coverage for: Any "auto" you do not own while used with the per- mission of its owner as a temporary substitute for a covered "auto" you own that is out of service be- cause of its breakdown, repair, servicing, loss" or destruction. BROAD FORM NAMED INSURED SECTION 1I — LIABILITY COVERAGE — A.1. WHO IS AN INSURED provision is amended by the addition of the following: d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 160 days following acquisi- tion or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. BLANKET ADDITIONAL INSURED SECTION II — LIABILITY COVERAGE — A.1. WHO IS AN INSURED provision is amended by the addition of the following: e. Any person or organization for whom you are re- quired by an 'Insured contract" to provide insur- ance is an `insured", subject to the following additional provisions: (1) The Insured contract" must be in effect during the policy period shown in the Decla- rations, and must have been executed prior to the "bodily injury" or "property damage". (2) This person or organization is an `insured" only to the extent you are liable due to your ongoing operations for that insured, whether the work is performed by you or for you, and only to the extent you are held liable for an "accident" occurring while a covered "auto" is being driven by you or one of your em- ployees. There is no coverage provided to this person or organization for `bodily injury" to its em- ployees, nor for "property damage" to its property. (4) Coverage for this person or organization shall be limited to the extent of your negli- gence or fault according to the applicable principles of comparative negligence or fault. The defense of any claim or "suit" must be tendered by this person or organization as soon as practicable to all other insurers which potentially provide insurance for such claim or "suit". (3) (5) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 Safe:) and tre Salk bp) are re?lerei train ark; Jt Sato C• rallor CA 71 10 03 07 Page 1 of 6 EP (6) The coverage provided will not exceed the lesser of: (a) The coverage and/or limits of this policy; or (b) The coverage and/or limits required by the "insured contract". (7) A person's or organization's status as an "insured" under this subparagraph d ends when your operations for that "insured" are completed. EMPLOYEE AS INSURED Under Paragraph A. of Section II — LIABILITY COV- ERAGE item f. is added as follows: Your "employee" while using his owned "auto", or an "auto" owned by a member of his or her household, in your business or your personal affairs, provided you do not own, hire or borrow that "auto". This coverage is excess to any other collectible insurance coverage. FELLOW EMPLOYEE COVERAGE Exclusion 5. FELLOW EMPLOYEE of SECTION II — LIABILITY COVERAGE — B. EXCLUSIONS is amended by the addition of the folowing: However, this exclusion does not apply if the `bodily injury" results from the use of a covered "auto" you own or hire, and provided that any coverage under this provision only applies in excess over any other collectible insurance. BLANKET WAIVER OF SUBROGATION We waive the right of recovery we may have for pay- ments made for "bodily injury" or "property damage" on behalf of the persons or organizations added as `insureds" under Section II — LIABILITY COVERAGE — A.1.D. BROAD FORM NAMED INSURED and A.1.e. BLANKET ADDITIONAL INSURED. PHYSICAL DAMAGE — ADDITIONAL TRANS- PORTATION EXPENSE COVERAGE The first sentence of paragraph A.4. of SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. PERSONAL EFFECTS COVERAGE A. SECTION III — PHYSICAL DAMAGE COVER- AGE, A.4. COVERAGE EXTENSIONS, is amended by adding the following: c. Personal Effects Coverage For any Owned "auto" that is involved in a covered "loss", we will pay up to $500 for "personal effects" that are lost or damaged as a result of the covered "loss", without applying a deductible. EXTRA EXPENSE — BROADENED COVERAGE Paragraph A. — COVERAGE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add: 5. We will pay for the expense of returning a stolen covered "auto" to you. AIRBAG COVERAGE Under paragraph B. — EXCLUSIONS of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. NEW VEHICLE REPLACEMENT COST Under—Paragraph-C- --WAIT OF—tNSURAAICJ= —of----- Section III — PHYSICAL DAMAGE COVERAGE sec- tion 2 is amended as follows: 2. An adjustment for depreciation and physical con- dition will be made in determining actual cash value in the event of a total loss. However, in the event of a total Toss to your "new vehicle" to which this coverage applies, as shown in the declarations, we will pay at your option: a. The verifiable "new vehicle" purchase price you paid for your damaged vehicle, not in- cluding any insurance or warranties pur- chased; b. The purchase price, as negotiated by us, of a new vehicle of the same make, model and equipment, not including any furnishings, parts or equipment not installed by the manufacturer or manufacturer's dealership. If the same model is not available pay the purchase price of the most similar model available; Page 2 of 6 c. The market value of your damaged vehicle, not including any furnishings, parts or equip- ment not installed by the manufacturer or manufacturer's dealership. This coverage applies only to a covered "auto" of the private passenger, light truck or medium truck type (20,000 lbs or less gross vehicle weight) and does not apply to initiation or set up costs associated with loans or leases. TWO OR MORE DEDUCTIBLES Under SECTION III — PHYSICAL DAMAGE COV- ERAGE, if two or more "company" policies or cover- age forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deduct- ible is the smaller (or smallest) deduct- ible it will be waived; or b. If the applicable Business Auto deduct- ible is not the smaller (or smallest) de- ductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss involves two or more Busi- ness Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement "company" means: a. Safeco Insurance Company of America b. American States Insurance Company c. General Insurance Company of America d. American Economy Insurance Company e. First National Insurance Company of America f. American States Insurance Company of Texas g• American States Preferred Insurance Company h. Safeco Insurance Company of Illinois LOAN/LEASE GAP COVERAGE Under paragraph C — LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: 4. The most we will pay for a total "loss" in any one "accident" is the greater of the following, subject to a $1,500 maximum limit: a. Actual cash value of the damaged or stolen property as of the time of the "loss", less an adjustment for depreciation and physical condition; or b. Balance due under the terms of the loan or lease that the damaged covered "auto" is subject to at the time of the loss", less any one or all of the following adjustments: (1) Overdue payment and financial penalties associated with those payments as of the date of the "loss". (2) Financial penalties imposed under a lease due to high mileage, exces- sive use or abnormal wear and tear. (3) Costs for extended warranties, Cre- dit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease. (4) Transfer or rollover balances from previous loans or leases. Final payment due under a "Balloon Loan". (5) (6) The dollar amount of any un-repaired damage that occurred prior to the "total loss" of a covered "auto". (7) Security deposits not refunded by a lessor. (8) (9) All refunds payable or paid to you as a result of the early termination of a lease agreement or any war- ranty or extended service agree- ment on a covered "auto". Any amount representing taxes. (10) Loan or lease termination fees GLASS REPAIR — WAIVER OF DEDUCTIBLE Under paragraph D. — DEDUCTIBLE of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. AMENDED DUTIES IN THE EVENT OF ACCI- DENT, CLAiM, SUIT OR LOSS The requirement in LOSS CONDITION 2.a. — DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS — of SECTION IV — BUSINESS AUTO CONDITIONS that you must notify us of an CA 71 10 03 07 Page 3 of 6 EP "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV — BUSINESS AUTO CONDITIONS — 13.2. is amended by the addition of the following: If you unintentionally fail to disclose any hazards ex- isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. HIRED AUTO — LIMITED WORLD WIDE COVER- AGE Under Section IV — Business Conditions, Paragraph B.7.b.e(1) is replaced by the following: (1) The "accident" or "loss" results from the use of an "auto" hired for 30 days or less. RESULTANT MENTAL ANGUISH COVERAGE SECTION V — DEFINITIONS — C. is replaced by the following: "Bodily injury" means bodily injury, sickness or dis- ease sustained by a person including mental anguish or death resulting from any of these. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability cov- erage and if Comprehensive, Specified Causes of Loss or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow. The most we will pay for loss to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is smallest, minus a deductible. The de- ductible will be equal to the largest deductible appli- cable to any owned "auto" of the private passenger or light truck type for that coverage. Hired Auto Phy- sical Damage coverage is excess over any other col- lectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. HIRED AUTO PHYSICAL DAMAGE COVERAGE — LOSS OF USE SECTION III — PHYSICAL DAMAGE A.4.b. Form does not apply. Subject to a maximum of $1,000 per accident, we will cover Toss of use of a hired "auto" if it results from an accident, you are legally liable and the lessor in- curs an actual financial loss. RENTAL REIMBURSEMENT COVERAGE A. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" be- cause of a covered "loss" to a covered "auto". Payment applies in addition to the otherwise ap- plicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. B. We will pay only for those expenses incurred during the policy period beginning 24 hours after the 'loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: 1. The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of clays is added to the number of days it takes to locate the covered "auto" and return it to you. 2. 30 days. C. Our payment is limited to the lesser of the fol- lowing amounts: 1. Necessary and actual expenses incurred. 2. $50 per day. D. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. E. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not al- ready provided for under the PHYSICAL DAM- AGE COVERAGE Coverage Extension. F. The Rental Reimbursement Coverage described above does not apply to a covered "auto" that is described or designated as a covered "auto" on Page 4 of 6 Rental Reimbursement Coverage Form CA 99 23. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE A. Coverage 1. We will pay with respect to a covered "auto" for "loss" to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered "auto" at the time of the "loss" or the equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto". 2. We will pay with respect to a covered "auto" for "loss" to any accessories used with the electronic equipment described in paragraph A.1. above. However, this does not include tapes, records or discs. 3. If Audio, Visual and Data Electronic Equip- ment Coverage form CA 99 60 or CA 99 94 is attached to this policy, then the Audio, Vi- sual and Data Electronic Equipment Cover- age described above does not apply. B. Exclusions The exclusions that apply to PHYSICAL DAM- AGE COVERAGE, except for the exclusion relat- ing to Audio, Visual and Data Electronic Equipment, also apply to this coverage. fn addi- tion, the following exclusions apply: We will not pay for either any electronic equip- ment or accessories used with such electronic equipment that is: 1. Necessary for the normal operation of the covered "auto" for the monitoring of the covered "auto's" operating system; or 2. Both: a. an integral part of the same unit housing any sound reproducing equipment de- signed solely for the reproduction of sound if the sound reproducing equipment is permanently installed in the covered "auto"; and b. permanently installed in the opening of the dash or console normally used by the manufacturer for the installation of a radio. C. Limit of Insurance With respect to this coverage, the LIMIT OF IN- SURANCE provision of PHYSICAL DAMAGE COVERAGE is replaced by the following: 1. The most we will pay for "loss" to audio, vi- sual or data electronic equipment and any accessories used with this equipment as a result of any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. c. $1,000. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of the "loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible 1. If "loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a 9oss" to the covered "auto" under the Business Auto Coverage Form's Comprehensive or Colli- sion Coverage, then for each covered "auto" our obligation to pay for, repair, return or re- place damaged or stolen property will be re- duced by the applicable deductible shown in the Declarations. Any Comprehensive Cov- erage deductible shown in the Declarations does not apply to "loss" to audio, visual or data electronic equipment caused by fire or lightning. 2. If 'loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a `loss" to the covered "auto" under the Business Auto Coverage Form's Specified Causes of Loss Coverage, then for each covered "auto" our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 3. If 'loss" occurs solely to the audio, visual or data electronic equipment or accessories used with this equipment, then for each cov- ered "auto" our obligation to pay for, repair, CA 71 10 03 07 Page 5 of 6 EP return or replace damaged or stolen property will be reduced by a $100 deductible. 4. In the event that there is more than one ap- plicable deductible, only the highest deduct- ible will apply. In no event will more than one deductible apply. SECTION V — DEFINITIONS is amended by adding the following: Q. "Personal effects" means your tangible property that is worn or carried by you, ex- cept for tools, jewelry, money, or securities. R. "New vehicle" means any "auto" of which you are the original owner and the "auto" has not been previously titled and is less than 365 days past the purchase date. Page 6 of 6 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 990410(Ed 01-07) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be _ 2.00 % of the California workers' compensation premium otherwise due on such remuneration. The minimum premium for this endorsement is $ 350.00 _ Schedule Person or Organization ALL ORGANIZATIONS FOR WHOM THE WAIVER OF SUBROGATION IS ISSUED Job Description ALL CALIFORNIA OPERATIONS This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12 / 01 / 08 Policy No. 2 210 0 018 6 7 - 0 81 Endorsement No. 1 Insured BRG CONSULTING, INC. Premium $ Insurance Company Countersigned by Oak River Insurance Company WC990410 (Ed 01-07) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 17, 2009 AGENDA ITEM NO. 11 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING TH\ MAYOR TO SIGN A MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY, PUBLIC HEALTH SERVICES, EMERGENCY MEDICAL SERVICES (EMS) AND THE CITY OF NATIONAL CITY FOR THE PROCUREMENT, TRANSPORT, STORAGE, DISTRIBUTION AND ADMINISTRATION OF DANGEROUS DRUGS AND DEVICES. PREPARED BY Walter Amedee, DEPARTMENT Fir Homeland Security Manager EXPLANATION This Memorandum of Agreement (MOA) provides a policy and medical authorization to procure, store and distribute medical supplies, and pharmaceuticals. Environmental Review ' N/A Financial Statement No negative impact. Approved By: finance Director Account No. STAFF RECOMMENDATION Staff recommends the City Council authorize the Mayor to sign the Memorandum of Agreement between the County and the City for the procurement, transport, storage, distribution and administration of dangerous drugs and devices. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. MOA between the County of San Diego and the City of National City — Dangerous Drugs and Devices Resolution A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF AGREEMENT WITH THE COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY, PUBLIC HEALTH SERVICES, EMERGENCY MEDICAL SERVICES FOR THE PROCUREMENT, TRANSPORT, STORAGE, DISTRIBUTION, AND ADMINISTRATION OF DANGEROUS DRUGS AND DEVICES WHEREAS, the Memorandum of Agreement between the City and San Diego County, Health and Human Services Agency, Public Health Services, Emergency Medical Services ("County") provides a policy for agencies to procure, store, and distribute medical supplies and pharmaceuticals, and medical authorization consistent with the San Diego County Policy for the procurement of dangerous drugs and devices. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a Memorandum of Agreement with the County of San Diego, Health and Human Services Agency, Public Health Services, Emergency Medical Services for the procurement, transport, storage, distribution, and administration of dangerous drugs and devices. Said Memorandum of Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of February, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY EMERGENCY MEDICAL SERVICES MEMORANDUM OF AGREEMENT I. PURPOSE This Memorandum of Agreement (MOA) is entered into by and between the County of San Diego, Health and Human Services Agency, Public Health Services, Emergency Medical Services (EMS) (County) and the City of National City (City) for the procurement, transport, storage, distribution and administration of Dangerous Drugs and Devices. II. ADMINISTRATION 1. Each party identifies the following individual to serve as the authorized administrative representative for that party. Any party may change its administrative representative by notifying the other party in writing of such change. Any such change will become effective upon the receipt of such notice by the other party to this MOA. Notice of the authorized representative should be sent to each party as follows: Marcelyn Metz, Chief Health and Human_Services Agency Public Health Services Emergency Medical Services 6255 Mission Gorge Road San Diego, CA 92120 (619) 285-6539 2. City shall designate the following individual as the City's Administrator: Walter Amedee, Management Analyst III National City Fire Department 1200 National City Blvd. National City, CA 91950 619-336-4556 wamedee@nationalcityca.gov III. DEFINITION Dangerous Drugs and Devices: Any drug or device unsafe for self -use (e.g., IV solutions and medications carried on the Medical Intensive Care Unit Inventory), and any drugs or devices bearing the legend, "Caution, federal law prohibits dispensing without prescriptions" or words of similar import. IV. RESPONSIBILITIES OF PARTIES A. Responsibilities of County 1. To provide a policy for agencies to procure, store and distribute medical supplies and City of National City - Dangerous Drugs and Devices Agreement Page 1 of 6 COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY EMERGENCY MEDICAL SERVICES MEMORANDUM OF AGREEMENT pharmaceuticals identified in the Inventory (See Policy S-416 "Supply and Re -supply of Designated EMS Agencies and Vehicles"). 2. To provide medical authorization consistent with County Policy for the procurement of Dangerous Drugs and Devices. B. Responsibilities of City 1. Develop policies consistent with Policy S-416 that include the following: 1.1 Identification (by title) of individuals responsible for procurement and distribution. 1.2 A determination of reasonable quantities of supplies and pharmaceuticals that must be maintained to re -supply agencies. 1.3 Maintenance of copies of all drug orders, invoices, and logs associated with Dangerous Drugs and Devices for a minimum of three (3) years. 1.4 Procedures for completing a monthly inventory of Dangerous Drugs and Devices which include: 1.4.1 Ensuring medications are stored in original packaging 1.4.2 Checking medications for expiration dates, rotating supplies for use prior to expiration, and exchanging current medications 1.4.3 Properly disposing of expired medications that cannot be exchanged 1.4.4 Distributing of Dangerous Drugs and Devices to agency 1.4.5 Returning medications to pharmaceutical distributor if notified of a recall. 1.5 Storage of drugs (other than those carried on a vehicle) compliant with the following: 1.5.1 Drugs must be stored in a locked cabinet or storage area. 1.5.2 Drugs may not be stored on the floor (storage of drugs on pallets is acceptable). 1.5.3 Antiseptics and disinfectants must be stored separately from internal and injectable medications. 1.5.4 Flammable substances (e.g., alcohol) must be stored in a metal cabinet, in accordance with local fire codes. 2. Develop, implement and maintain a quality assurance and improvement program that includes a written plan describing the program objectives, organization, scope, and mechanisms for overseeing the procurement, transport, storage, distribution and administration of Dangerous Drugs and Devices. City of National City — Dangerous Drugs and Devices Agreement Page 2 of 6 COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY EMERGENCY MEDICAL SERVICES MEMORANDUM OF AGREEMENT V. TERM This MOA shall be effective upon signature and will remain in effect until terminated by either party. VI. NOTICE Notice Pursuant to this MOA: Any notice or notices required or permitted to be given pursuant to this Memorandum of may be personally served on the other party by the party giving such notice, or may be served by certified mail or registered mail, to the officials cited in Paragraph I. VII. MAINTENANCE OF RECORDS Copies of all drug orders, invoices, and logs associated with this contract shall be maintained by City and available for audits for a minimum of three (3) years. VIII. INSURANCE Without limiting City's indemnification obligations to County, City shall provide at its sole expense and maintain for the duration of this MOA, or as may be further required herein, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of the work by the City, of its agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Commercial General Liability, Occurrence form, Insurance Services Office form CG0001. 2. Automobile Liability covering all owned, non owned, hired auto Insurance Services Office form CA0001. 3. Workers' Compensation, as required by State of California and Employer's Liability Insurance. 4. Professional Liability required if City provides or engages any type of professional services including but not limited to medical professionals, counseling services, or legal services. B. Minimum Limits of Insurance City shall maintain limits no less than: City of National City — Dangerous Drugs and Devices Agreement Page 3 of 6 COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY EMERGENCY MEDICAL SERVICES MEMORANDUM OF AGREEMENT 1 Commercial General Liability including Premises, Operations, Products and Completed Operations, Contractual Liability, and Independent Liability of City: $1,000,000 per occurrence for bodily injury, personal injury and property damage. The General Aggregate limit shall be $2,000,000. 2. Automobile Liability: $1,000,000 each accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 each accident for bodily injury or disease. Coverage shall include waiver of subrogation endorsement in favor of County. . 4. Professional Liability: $1,000,000 per claim with an aggregate limit of not less than $2,000,000. Any self -retained limit shall not be greater than $25,000 per occurrence/event without County's Risk Manager's approval. Coverage shall include contractual liability coverage. If policy contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any such aggregate limit has been paid or reserved, County will require additional coverage to be purchased by City to restore the required limits. This coverage shall be maintained for a minimum of two years following termination of completion of Cities' work pursuant to the MOA, C. Deductibles and Self -Insured Retentions Any deductible or self -insured retention must be declared to and approved by the County's Risk Manager. At the option of the County, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the County, the members of the Board of Supervisors of the County and the officers, agents, employees and volunteers; or the City shall provide a financial guarantee satisfactory to the County guaranteeing payment of losses and related investigations, claim administration, and defense expenses. D. General Provisions 1. Qualifying Insurers All required policies of insurance shall be issued by companies which have been approved to do business in the State of California by the State Department of Insurance, and which hold a current policy holder's alphabetic and financial size category rating of not less than A-, VII according to the current Best's Key Rating guide, or a company of equal financial stability that is approved in writing by County's Risk Manager. 2. Evidence of Insurance Prior to commencement of this MOA, but in no event later than the effective date of the MOA, City shall furnish the County with certificates of insurance and amendatory endorsements effecting coverage required by this clause. City shall furnish certified copies of the actual required insurance policies within thirty days after commencement of this MOA. Thereafter, copies of renewal policies, certificate and amendatory endorsements shall be furnished to County within thirty days of the expiration of the term of any required policy. City shall permit County at all reasonable times to inspect any policies of insurance City of National City — Dangerous Drugs and Devices Agreement Page 4 of 6 COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY EMERGENCY MEDICAL SERVICES MEMORANDUM OF AGREEMENT which City has not delivered to County. 3. Failure to Obtain or Maintain Insurance; County's Remedies City's failure to provide insurance specified or failure to furnish certificates of insurance, amendatory endorsements and certified copies of policies, or failure to make premium payments required by such insurance, shall constitute a material breach of the MOA, and County may, at its option, terminate the MOA for any such default by City. 4. No Limitation of Obligations The foregoing insurance requirements as to the types and Limits of insurance coverage to be maintained by City, and any approval of said insurance by the County are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by City pursuant to the MOA, including, but not limited to, the provisions concerning indemnification. 5. Review of Coverage County retains the right at any time to review the coverage, form and amount of insurance required herein and may require City to obtain insurance reasonably sufficient in coverage, form and amount to provide adequate protection against the kind and extent of risk which exists at the time a change in insurance is required. 6. Self -Insurance City may, with the prior written consent of County's Risk Manager, fulfill some or all of the insurance requirements contained in this MOA under a plan of self-insurance. City shall only be permitted to utilize such self-insurance if in the opinion of County's Risk Manager, City's (i) net worth, and (ii) reserves for payment of claims of liability against City, are sufficient to adequately compensate for the lack of other insurance coverage required by this MOA. City's utilization of self-insurance shall not in any way limit liabilities assumed by City under the MOA. 7. Claims Made Coverage If coverage is written on a "claims made" basis, the Certificate of Insurance shall clearly so state. In addition to the coverage requirements specified above, such policy shall provide that: a. The policy retroactive date coincides with or precedes City's commencement or work under the MOA (including subsequent policies purchased as renewals or replacements). b. City will make every effort to maintain similar insurance during the required extended period of coverage following expiration of the MOA, including the requirement of adding all additional insureds. c. If insurance is terminated for any reason, City shall purchase an extended reporting provision of at Least two years to report claims arising in connection with the MOA. d. The policy allows for reporting of circumstances or incidents that might give rise to future claims. City of National City — Dangerous Drugs and Devices Agreement Page 5 of 6 COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY EMERGENCY MEDICAL SERVICES MEMORANDUM OF AGREEMENT 8. Subcontractors' Insurance City shall require that any and all Subcontractors hired by City are insured in accordance with this MOA. If any Subcontractors coverage does not comply with the foregoing provisions, City shall defend and indemnify the County from any damage, loss, cost or expense, including attorney fees, incurred by County as a result of Subcontractors failure to maintain required coverage. 9. Waiver of Subrogation City and County release each other, and their respective authorized representatives, from any Claims (as defined in the Article entitled "Indemnity" of the MOA, but only to the extent that the proceeds received from any policy of insurance carried by County or City, other than any self-insurance, covers any such Claim or damage. Included in any policy or policies of insurance provided by City hereunder shall be a standard waiver of rights of Subrogation against County by the insurance company issuing said policy or policies. IX. INDEMNITY City agrees to defend, indemnify, protect and hold County and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to an person or property, including injury to City employees, agents or officers, which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of County and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that City duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of County, its agents, officers or employees. County of San Diego City of National City Health and Human Services Agency RON MORRISON NICK MACCHIONE, MS, MPH, FACHE Mayor Director Date Date City of National City — Dangerous Drugs and Devices Agreement Page 6 of 6 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 17, 2009 AGENDA ITEM NO. 12 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING TH� MAYOR TO SIGN A MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY, PUBLIC HEALTH SERVICES, EMERGENCY MEDICAL SERVICES (EMS) AND THE CITY OF NATIONAL CITY TO PROVIDE ADVANCED LIFE SUPPORT (ALS) FIRST RESPONDER SERVICES. i1 PREPARED BY Walter Amedee, �/0 DEPARTMENT Fire Homeland Security Manager EXPLANATION This Memorandum of Agreement (MOA) authorizes and standardizes the provision of Advanced Life Support (ALS) First Responder Services within the City of National City. The City is required to implement an ALS First Responder deployment plan that includes at least one fully equipped, supplied and staffed ALS First Responder unit seven days a week, twenty four hours a day, in accordance with the policies, procedures and protocols established by the County. Each ALS first responding unit will have at least one (1) Paramedic and one (1) EMT-1 at all times, or with an alternate staffing configuration agreed upon between the City and County. Environmental Review Ni N/A Financial Statement No negative impact. Approved By: Account No. inance Director STAFF RECOMMENDATION Staff recommends the City Council authorize the Mayor to sign the Memorandum of Agreement between the County and the City to provide Advanced Life Support (ALS) First Responder Services within the City of National City. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. MOA between the County and the City — Advanced Life Support First Responder Services Resolution A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF AGREEMENT WITH THE COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY, PUBLIC HEALTH SERVICES, AND EMERGENCY MEDICAL SERVICES TO PROVIDE ADVANCED LIFE SUPPORT (ALS) FIRST RESPONDER SERVICES WHEREAS, the Memorandum of Agreement between the City and San Diego County, Health and Human Services Agency, Public Health Services, and Emergency Medical Services ("County") authorizes and standardizes the provision of Advanced Life Support (ALS) First Responder Services within National City; and WHEREAS, the City is required to implement an ALS First Responder deployment plan that includes at least one fully -equipped, supplied, and staffed ALS First Responder unit seven days a week, twenty-four hours a day, in accordance with the policies, procedures, and protocols established by the County; and WHEREAS, each ALS first responding unit will have at least one paramedic and one EMT-1 at all times, or with an alternative staffing configuration agreed upon by the City and County. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a Memorandum of Agreement with the County of San Diego, Health and Human Services Agency, Public Health Services, and Emergency Medical Services to provide advanced Life Support (ALS) First Responder Services. Said Memorandum of Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of February, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY, PUBLIC HEALTH SERVICES, EMERGENCY MEDICAL SERVICES ADVANCED LIFE SUPPORT FIRST RESPONDER SERVICES MEMORANDUM OF AGREEMENT MEMORANDUM OF AGREEMENT (AGREEMENT) ADVANCED LIFE SUPPORT (ALS) FIRST RESPONDER SERVICES TIIIS AGREEMENT is made between the COUNTY OF SAN DIEGO, hereinafter referred to as COUNTY, and the CITY OF NATIONAL CITY hereinafter referred to as CITY, to provide ALS First Responder Services. WITNESSETH WHEREAS CITY possesses certain skills, experience, education and competency to perform certain specialized services regarding the provision and management of advanced life support; and WHEREAS, pursuant to the provisions of Division 2.5, Chapter 4, Section 1797.201 of the California Health and Safety Code, the County of San Diego is required to enter into a contract which authorizes and standardizes the provision of such services within a given region. NOW, THEREFORE, the parties hereto do mutually agree to the terms and conditions as attached and set forth in this document. IN WITNESS 'THEREOF, COUNTY AND CITY have executed this AGREEMENT to be effective: January 1, 2009 CITY: COUNTY: BY: BY: RON MORRISON, MAYOR NICK MACCHIONE, MS, MPH, FACHE City of National City Director, Health and Human Services Agency DATE: DATE: City of National City - Paramedic First Responder Agreement Page 1 of 8 COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY, PUBLIC HEALTH SERVICES, EMERGENCY MEDICAL SERVICES ADVANCED LIFE SUPPORT FIRST RESPONDER SERVICES MEMORANDUM OF AGREEMENT I . Administration of Agreement County's , Emergency Medical Services (EMS) Chief, hereinafter called County's Administrator, shall represent County in all matters pertaining to the performance under this Agreement and shall administer this Agreement on behalf of County. Fire Chief of the City of National City Fire Department shall represent the City and shall administer this Agreement in accordance with its terms and conditions on behalf of City. All reports, letters, notices and/or other correspondence shall be sent to the attention of the designated representatives at their respective addresses as follows: Marcelyn Metz, Chief Health and Human Services Agency Public Health Services Emergency Medical Services 6255 Mission Gorge Road San Diego, CA 92120 (619) 285-6539 And Walter Amedee, Management Analyst III National City Fire Department 1200 Nation City Blvd. National City, CA 91950-4596 619-336-4556 wamedee@nationalcityca.gov 2. Term of Agreement The term of this Agreement shall be from January 1, 2009 and will continue indefinitely until terminated pursuant to Section 6 hereof. 3. Responsibilities of Contracting Parties A. Responsibilities of County 1. To provide, under the authority of Section 1 797 et seq. of the Health and Safety Code, the following services: a. Approval of the ALS training program(s) in the County of San Diego pursuant to the California Code of Regulations, Title 22, Division 9, Chapter 4. b. Standards for certification/accreditation/authorization of paramedics, and Mobile Intensive Care Nurses (MICNs) pursuant to California Code of Regulations, Title 22, Division 9. c. Contracts with designated base hospitals to provide immediate medical direction and supervision of the ALS system for the area defined by the local EMS agency. For the purpose of this Agreement, the area is defined is the geographic area within the City of National City. 2. To provide prehospital report forms or the framework for an electronic data collection system in accordance with California Code of Regulations, Title 22, Division 9, Chapter 4. City of National City - Paramedic First Responder Agreement Page 2 of 8 COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY, PUBLIC HEALTH SERVICES, EMERGENCY MEDICAL SERVICES ADVANCED LIFE SUPPORT FIRST RESPONDER SERVICES MEMORANDUM OF AGREEMENT 3. To review this Agreement every two years to ensure compliance with applicable standards, regulations, policies, procedures and protocols. B. Responsibilities of City To provide ALS First Responder (non -transporting) services within the boundaries of its local jurisdiction, and within adjoining areas as specified by Agreements with adjoining ALS service providers. This agreement does not authorize the implementation of an ALS transport service. 2. To participate in the ALS program consistent with the applicable provisions of Title 22 of the California Code of Regulations, Division 9, Chapters 2 and 4 within the limitations of the ALS First Responder role. 3. To develop and operate ALS First Responder services consistent with the California Health and Safety Code and the California Code of Regulations, Title 22, Division 9, Chapters 2 and 4. The City may subcontract all or a portion of these services. However, the City is responsible for insuring that any and all subcontractors provide services consistent with the Health & Safety Code, the California Code of Regulations, Title 22, Division 9, Chapter 4's applicable provisions, and all San Diego County EMS policies, protocols and procedures. 4. To implement an ALS First Responder deployment plan that includes at least one fully equipped, supplied and staffed ALS First Responder unit seven days a week, twenty four hours a day, in accordance with the policies, procedures and protocols established by County. It is recognized that special circumstances or emergencies may necessitate a temporary interruption in the seven day / 24 hour plan. 5. To staff each ALS first responding unit with at least one (1) Paramedic and one (1) EMT-1 at all times, or with an alternate staffing configuration agreed upon between City and County. For the purpose of this Agreement, Paramedics are individuals licensed in the State of California as an ALS, and accredited by the County EMS Director to operate as an ALS Paramedic in County, pursuant to Section 1797 et seq. of the Health and Safety Code. EMT-1's are those individuals certified within the State of California to operate as an EMT-B pursuant to Section 1797 et seq. of the Health and Safety Code. b. To provide the citizens of the local jurisdiction with information on 9-1-1 system and where and how to obtain cardiopulmonary resuscitation (CPR) training. 7. To provide suitable facilities for housing the ALS First Responder units. 8. To cooperate with the approved ALS training programs in providing field intemship locations for ALS interns. 10. To immediately notify the County's Administrator, or designee, whenever any condition exists which adversely affects the local jurisdiction's ability to meet the conditions of this Agreement. 11. To appoint an Agency ALS Coordinator, to serve as liaison between the Agency, the associated ALS transporting agency, the County, base hospitals, receiving hospitals, BLS provider agencies and public safety agencies operating within the service area. City of National City - Paramedic First Responder Agreement Page 3 of 8 COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY, PUBLIC HEALTH SERVICES, EMERGENCY MEDICAL SERVICES ADVANCED LIFE SUPPORT FIRST RESPONDER SERVICES MEMORANDUM OF AGREEMENT 12. To participate and collaborate in the development of continuing education activities designed to integrate the care delivered between ALS First Responders and transporting agencies. 13. To provide for a planned maximum ALS First Responder response time of 8 minutes zero seconds, 90% of the time. 14. To implement staffing patterns for Paramedics that does not routinely require them to work scheduled shifts for greater than 48 hours within a 60 hour period. 15 To participate in local emergency medical services planning activities, including disaster management. 16 To implement and maintain a continuous quality improvement (CQI) program that interfaces with the local EMS agency's system -wide CQI program, which includes cooperation with the base hospitals' CQI process, the associated ALS transporting agency's CQI process, and is approved by the local EMS agency. This program will focus on, among other things, integration of care between various phases of prehospital care and skills retention issues for ALS First Responders. 17. To fully participate in the County's electronic patient data collection system (the Quality Assurance Network Collection System - QCS. 18. To advise the County's Administrator in writing of planned minor changes in the City's status plan at least thirty (30) days in advance of the implementation of those changes. City shall convey to the County any proposed major changes, in writing, at least ninety (90) days in advance of the proposed implementation to allow for County review. City shall secure County approval of any major system status plan changes prior to implementation. 19. To provide quarterly a response time compliance report summary. This report shall include, at a minimum, a summary of total calls dispatched, total number of completed responses, total transports, and a breakdown of responses by response time demonstrating compliance with section 3.B. 13 of this document. 20. To take immediate corrective action where there is a failure to meet "Responsibilities of the City." 4. City shall adopt City's own standards for the purposes of paragraph 3.B. above and shall monitor its ALS Service Provider's compliance with them. 5. Notice A. Notice Pursuant To This Agreement -- Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail or registered mail, to the officials cited in paragraph one (1). B. Notice of Delay -- City shall, within five days of the beginning of any delay in the performance of this Agreement, notify the County's Administrator, in writing, of the said delay, causes and remedial action to be taken by City. City of National City - Paramedic First Responder Agreement Page 4 of 8 COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY, PUBLIC HEALTH SERVICES, EMERGENCY MEDICAL SERVICES ADVANCED LIFE SUPPORT FIRST RESPONDER SERVICES MEMORANDUM OF AGREEMENT 6. Amendments, Operating Memoranda and Termination A. Amendments -- County or City may request written amendment to this Agreement. Such amendments, as agreed upon in writing, by and between County's Director, Health & Human Services Agency and City are not in force until approved by the Director, County health and Human Services Agency and the City. B. Termination of Agreement for Cause -- Upon breach of this Agreement, County shall have the right to terminate this Agreement by giving written notice to City of such termination and the reasons and specifying the effective date of such termination, and specifying the effective date of such termination. C. Termination of Agreement for Convenience -- Either party may terminate this Agreement upon 45 days written notice to the other party. I). Operating Memoranda -- It is recognized by the parties herein that a close degree of cooperation will be required so that management and operation of this service can be conducted in the best interests of the citizens of City, and the parties contracting hereto. It is further realized that experience will indicate and demonstrate certain changes that will be required in the methods of management and operation and that a certain degree of flexibility may be required. To preserve such flexibility, certain items have been covered in this Agreement in general terms only with the understanding that the details shall be set forth in "Operating Memoranda" or may be referred to in this Agreement as being subsequently set forth in "Operating Memoranda." Each and every "Operating Memorandum" shall be attached hereto as an addendum and become a part of this Agreement and may be changed or amended from time to time as necessary subject to the approval of the Director, County Health and Human Services Agency and City. 7. Independent Contractor It is agreed 'that City shall perform as an independent contractor under this Agreement. City is for all purposes arising out of this Agreement, an independent contractor, and shall not be deemed an employee officer, or agent of County. It is expressly understood and agreed that City shall in no event be entitled to any benefits to which County employees are entitled, including, but not limited to, overtime, any retirement benefit, worker's compensation benefits, and leave benefits. 8. Subcontracts of City All subcontracts for ALS services entered into by City shall be in writing and the subcontractor shall deliver such services in accordance with Title 22 of the California Code of Regulations, Division 9, Chapter 4. A copy of any such subcontract shall be provided to County. No such subcontract shall act to terminate any legal responsibility of City to County to assure complete performance of all activities and functions required of City under this Agreement. 9. Confidentiality City shall maintain the confidentiality of its records, including billings, in accordance with all applicable State and Federal laws relating to confidentiality. City shall inform all its officers, employees and agents, and others providing services hereunder of said confidentiality provisions. County shall maintain the confidentiality of all records made available hereunder during and after the terms of this Agreement. City of National City - Paramedic First Responder Agreement Page 5 of 8 COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY, PUBLIC HEALTH SERVICES, EMERGENCY MEDICAL SERVICES ADVANCED LIFE SUPPORT FIRST RESPONDER SERVICES MEMORANDUM OF AGREEMENT 10. Maintenance of Records All administrative records under this Agreement shall be maintained by the City for a minimum of five years after termination date. County, at its option, may take custody of a copy of City non -patient administrative records related to this Agreement upon contract termination. All continuous quality improvement (CQI) and medical control records under this Agreement shall be maintained by the City for a minimum of 3 years. County, at its option, may make a copy, at County expense, of City's CQI and medical control records. 1 1. Fiscal and Performance Audits, and Inspection of Records Authorized Federal, State or County representatives shall have the right to monitor, assess and evaluate City performance pursuant to this Agreement. Said monitoring, assessments and evaluations to include but not be limited to audits, inspection of premises, reports (excluding personnel records and reports), patient records and interviews of staff in matters dealing with issues covered by this Agreement. At any time during normal business hours and as often as County deems necessary, City shall make available to County, State and Federal officials for examination, all its records with respect to matters covered by this agreement and will permit authorized County, State or Federal officials to audit, examine, copy and make excerpts or transcripts from such records. It is understood that County shall coordinate all such audits and inspections through the City designee. 12. Hold Harmless City agrees that its performance under this Agreement is at its own risk and that it shall indemnify the County of San Diego, its agents and employees against and hold harmless from any and all liabilities, both real and alleged, for damages, cost losses, and legal and investigative expenses resulting from, arising out of or in any way connected with the City negligence, wrongful performance or failure to perform fully under this agreement provided, however, that City's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the County, its agents, officers or employees. County shall defend, indemnify and hold harmless City, its officers, agents, physicians, students or employees harmless from and against any and all liability expense, including costs and legal fees incurred in connection with claims or demands for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage arising from or caused by the acts or failures of County, its officers, agents or employees. However, County's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of City, its agents, officers or employees. XIII. Drug and Alcohol -Free Work Place County and City agree to the mutual objective of a safe, healthful and productive work place and the prohibition of drugs or alcohol use or impairment from same while performing ALS services. Both agencies and their subcontractors have and shall maintain policies and procedures to ensure drug and alcohol -free work place and services within their organizations. XIV. AIDS Discrimination City shall not deny any person the full and equal enjoyment of, or impose less advantageous terms, or restrict the availability of, the use of any County facility or participation in any County funded or supported service or City of National City - Paramedic First Responder Agreement Page 6 of 8 COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY, PUBLIC HEALTH SERVICES, EMERGENCY MEDICAL SERVICES ADVANCED LIFE SUPPORT FIRST RESPONDER SERVICES MEMORANDUM OF AGREEMENT program on the grounds that such person has Acquired Immune Deficiency Syndrome (AIDS), AIDS -related complex (ARC) or AIDS -related status (ARS), as those terms are defined in Chapter 1, Section 32.1203, San Diego Code of Regulatory Ordinance, a copy of which can be obtained from the Clerk of the Board of Supervisors, 1600 Pacific Highway, San Diego, CA 92101. XV. Americans with Disabilities City shall comply with the Americans with Disabilities Act of 1990, pertaining to discrimination against qualified people with disabilities in employment, public services, transportation, public accommodations, and telecommunications services. XV I. Religious Activity Prohibited There shall be no religious worship, instructions or proselytization as part of or in connection with the performance of this Agreement. XVII. Zero Tolerance in Coaching Undocumented Immigrants The County of San Diego, in recognition of it's unique geographical location, and the utilization of Welfare and Medi-Cal system by foreign nationals who are not legal residents of this County or Country, has adopted a Zero Tolerance policy and shall aggressively prosecute employees and contractors who coach undocumented immigrants. A. As a material condition of this Agreement, the City agrees that the City and the City employees, while performing service for the County, on County property, or while using County equipment: 1. Shall not in any coach, instruct, advise, or guide any Medi-Cal or Welfare clients or prospective clients who are undocumented immigrants on ways to obtain or qualify for Medi-Cal assistance. 2. Shall not support or provide funds to any organization engaged directly or indirectly in advising undocumented immigrants on ways to obtain or qualify for Medi-Cal assistance. a. The City shall inform all employees that are performing service for the County on County property or using County equipment, of the County's Zero Tolerance policy. b. County may Terminate for Default or Breach this Agreement and any other Agreement the City has with the County, if the City, or City's employees are determined by the Contracting Officer not to be in compliance with conditions listed herein. XVIII. Zero Tolerance for Fraudulent Conduct in County Services A. Conduct of City. City shall comply with Board of Supervisor's Policy A-120- Zero Tolerance for Fraudulent Conduct in County Services. Copy of policy is available from the Clerk of the Board of Supervisors, 1600 Pacific Highway, San Diego, CA 92101. City of National City - Paramedic First Responder Agreement Page 7 of 8 COUNTY OF SAN DIEGO, IIEALTH AND HUMAN SERVICES AGENCY, PUBLIC HEALTH SERVICES, EMERGENCY MEDICAL SERVICES ADVANCED LIFE SUPPORT FIRST RESPONDER SERVICES MEMORANDUM OF AGREEMENT The City shall inform the County of all the City interests, if any, which are or which the City believes to be incompatible with any interests of the County. 2. 1'he City shall not, under circumstances which might reasonably be interpreted as an attempt to influence the recipient in the conduct of his duties, accept any gratuity or special favor from individuals or organizations with whom the City is doing business or proposing to do business, in accomplishing the work under the contract. 3. The City shall not use for personal gain or make other improper use of privileged information, which is acquired in connection with his employment. In this connection, the teen "privileged information" includes, but is not limited to, unpublished information relating to technological and scientific development; medical, personnel, or security records of individuals; anticipated material requirements or pricing actions; and knowledge of selections of contractors of subcontractors in advance of official announcements. 4. The City or employees thereof, shall not offer directly or indirectly gifts, gratuity, favors, entertainment, travel, or other item of monetary value to an employee of the County. 5. City may be suspended from doing business with the County upon adequate evidence that the City has been convicted of any of the offenses listed in Policy Board of Supervisor's Policy A-120. XIX. Area To Be Served The area is defined as the geographic area within the City of National City as well as any other geographic area(s) designated by mutual agreement between City and County. City of National City - Paramedic First Responder Agreement Page 8 of 8 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 17. 2009 AGENDA ITEM NO. 13 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING FUNDS IN THE AMOUNT OF $58,424 FOR THE REIMBURSABLE GRANT PURCHASE OF EQUIPMENT AND TRAINING FOR THE POLICE AND FIRE DEPARTMENTS FROM THE FY08 STATE HOMELAND SECURITY GRANT PROGRAM PREPARED BY Walter Amedee, l� DEPARTMENT Fir Homeland Security Manager EXPLANATION The FY08 State Homeland Security Grant Program was designed to supplement the purchase of equipment and training for police and fire personnel. The San Diego County Office of Emergency Services coordinated the requests for equipment and training. National City's portion of the grant totaled $58,424 (i.e. $52,582 for equipment and $5,842 for training), which will be divided evenly between the City's Police and Fire Department. This program requires the City to purchase the equipment and training, and then apply for reimbursement. In order to be eligible for reimbursement, the Police and Fire Department must order and/or receive the equipment prior to the December 31, 2009 deadline and request reimbursement for training funds prior to December 31, 2010 deadline. Staff recommends the utilization of $58,424 of City funds for equipment and training for the Police and Fire Departments, and to request reimbursement for such equipment from the San Diego County Office of Emergency Services. The FY08 State Homeland Security Grant is a reimbursable grant that requires jurisdictions to order/receive equipment and training prior to being reimbursed for expenditures. Environmental Review Ni N/A Financial Statement Approved By: inance Director No negative impact; FY08 State Homeland Security Grant Program is a reimbursable grant that requires jurisdictions to order/receive equipment and training prior to being reimbursed for expenditures. 282-411-930-226-0000, 282-412-930-355-0000, & 282-412-930-226-0000 Account No. 282-411-930-355-0000 STAFF RECOMMENDATION Staff recommends the utilization of $58,424 (i.e. $52,582 for equipment and $5,842 for training) of City funds for the Police Department and Fire Department. Direct Staff to submit reimbursement forms to the San Diego County Office of Emergency Services. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Letter — Notification of Conditional Hold Removal Resolution A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING FUNDS IN THE AMOUNT OF $58,424 FOR THE REIMBURSABLE GRANT PURCHASE OF EQUIPMENT AND TRAINING FOR THE POLICE AND FIRE DEPARTMENTS FROM THE FY08 STATE HOMELAND SECURITY GRANT PROGRAM WHEREAS, the FY08State Homeland Security Grant Program was designed to supplement the purchase of equipment and training for police and fire personnel; and WHEREAS, National City's portion of the grant for FY08 totaled $58,424; $52,582 for equipment and $5,842, which will be divided equally between the Police and Fire Departments; and WHEREAS, the San Diego County Office of Emergency Services is responsible for coordinating the reimbursement requests for equipment and training; and WHEREAS, to ensure that the Fire and Police Departments' equipment is purchased prior to the grant deadline of December 31, 2009, the grant funds must be used to order and/or receive equipment prior to that deadline, to enable staff to claim reimbursement out of the grant funding by the December 31, 2010 deadline. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the utilization of $58,424 of City funds to purchase equipment for the Fire and Police Departments, and directs staff to request reimbursement for such expenditures from the San Diego County Office of Emergency Services. PASSED and ADOPTED this 17th day of February, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney OFFICE OF HOMELAND SECURITY December 19. 2008 Mr. Ronald Lane County of San Diego San Diego County 5555 Overland Ave, Suite 1911 San Diego, CA 92123 C; totuo 1%A- REC RiFD Dr `C 2 6 Z008 0 6 Subject: NOTIFICATION OF CONDITIONAL HOLD REMOVAL FY2008 Homeland Security Grant Program (HSGP) Grant #2008-0006, OES ID# 073-00000 Subgrantee Performance Period: October 23, 2008 to May 31, 2011 Dear Mr. Lane: The Governor's Office of Homeland Security (OHS) has removed the "Conditional Hold" placed on your FY2008 Homeland Security Grant Program (HSGP) award. Thank you for submitting the necessary documentation to remove this restriction from your grant award. Please begin submitting requests for reimbursements effective the date of this letter. As stated in your FY08 award letter, performance milestones will be used by OHS to both determine the appropriate date to disencumber funds awarded under this grant and re -direct them to other needs across the State, and as indicators of performance and grant management capacity in future competitive grant applications. The performance milestones for the above -mentioned grant are listed here: Performance Milestones: Amount Completion Date A IN "I EROPERABLE COMM EQUIP FS/LE/GA/HM/EMG $275,000 I2/31/2009 B STRENGTHEN INFO SHARING LE $250,000 12/31/2009 C STRENGTHEN RESPONSE PREP EMS $100,000 12/31/2009 D CRITICAL INFRA & KEY RESOURCE PROTECTION FS/LE/GA $250,000 12/31/2009 F COUNTY VET AG & ANIMAL HEAL"rH PREP AG $ 75,000 12/31/2009 G PLANNING, RESPONSE & RECOVERY LE/FS/EMG $300,000 12/31/2009 We look forward to working with you throughout the upcoming grant year. For further assistance, please contact your O11S Program Representative or the Grant Management Division at (916) 324-8908. Sincerely, MATTHEW BETTENHAUSEN Director GOVERNOR ARNOLD SCHWARZENEGGER • DIRECTOR MATT BETTENHAUSEN OFFICE OF THE GOVERNOR, SACRAMENTO, CALIFORNIA 958)4 (916) 324-8908 • FAX (916) 323-9633 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 17, 2009 AGENDA ITEM NO. 14 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SUBMISSION OF THE GRANT ASSURANCES FOR THE FY08 STATE HOMELAND SECURITY GRANT PROGRAM PREPARED BY Walter Amedee, Or? Homeland Security Manager EXPLANATION The FY08 State Homeland Security Grant Program was designed to supplement the purchase of equipment and training for police and fire personnel. The FY08 State Homeland Security Grant Program consists of the State Homeland Security Program (SHSP), Law Enforcement Terrorism Prevention Program (LETPP), and the Metropolitan Medical Response System (MMRS). The San Diego County Office of Emergency Services coordinates requests for equipment and training on behalf of the City of National City. In order to receive grant funds, National City must authorize the submission of the Grant Assurances for the FY08 State Homeland Security Grant Program. The FY08 State Homeland Security Grant Program is a reimbursable grant that requires jurisdictions to order/receive equipment and training prior to being reimbursed for expenditures by the County Office of Emergency Services. DEPARTMENT Environmental Review J N/A Financial Statement Approved By: finance Director No negative impact; FY08 State Homeland Security Grant Program is a reimbursable grant that requires jurisdictions to order/receive equipment and training prior to being reimbursed for expenditures. Account No. STAFF RECOMMENDATION Staff recommends authorizing the submission of the Grant Assurances for the FY08 State Homeland Security Grant Program. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Office of Homeland Security FY08 Grant Assurances Resolution Resolution No. A-200 (9/991 RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SUBMISSION OF THE GRANT ASSURANCES FOR THE FY08 HOMELAND SECURITY GRANT PROGRAM WHEREAS, the FY08 Homeland Security Grant Program provides reimbursable grant funds to supplement the purchase of equipment and training for police and fire personnel; and WHEREAS, in order to receive these grant funds, the City of National City must submit Grant Assurances for FY08 Homeland Security Grant Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Grant Assurances from the FY08 Homeland Security Grant Program to receive reimbursable grant funds. PASSED and ADOPTED this 17th day of February, 2009. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor Name of Applicant: Address: City:. "Telephone Number: E-Mail Address: Office of Homeland Security FY08 Grant Assurances (All HSGP Applicants) State: _ Zip Code: Fax Number: As the duly authorized representative of the applicant, I certify that the applicant named above: 1. Has the legal authority to apply for federal assistance, and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the federal Department of Homeland Security and sub -granted through the State of California, Governor's Office of Homeland Security (OHS). 2. Will assure that grant funds are only used for allowable, fair, and reasonable costs and is prohibited from transferring funds between programs (State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System). 3. Will give the federal government, the General Accounting Office, the Comptroller General of the United States, the State of California, through any authorized representative, access to and the right to examine all paper or electronic records, hooks, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or awarding agency directives. 4. Agrees that funds utilized to establish or enhance state and local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines and achievement of a baseline level of capability as defined by the Fusion Capability Planning Tool. 5. Will provide progress reports and such other information as may be required by the awarding agency, including the Initial Strategy Implementation Plan (ISIP) within 45 (forty-five) days of the award, and update via a report in the Grant Reporting Tool (GRT) twice each year. 6. Will initiate and complete the work within the applicable time frame after receipt of approval from OHS. 7. Will comply with FEMA's codified regulation 44 Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, including part 13.1 regarding the payment of interest earned on advances. Page 1 Initials 8. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business or other ties. 9. Agrees that to the extent contractors or subcontractors are utilized, grantees and subgrantees shall use small, minority, women -owned, or disadvantaged business concerns and contractors or subcontractors to the extent practicable. 10. Will comply with 2 CFR 215.25, and will notify OHS of any developments that have a significant impact on award -supported activities, including changes to key program staff. 11. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. i 2. Understands and agrees Federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval from FEMA. 13. Will comply with all federal statues relating to Civil Rights and Nondiscrimination. These include but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits discrimination on the basis of race, color or national origin. b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and 1685-1686), which prohibits discrimination on the basis of gender. c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibits discrimination on the basis of handicaps. d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which prohibits discrimination on the basis of age. e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255) as amended, relating to nondiscrimination on the basis of drug abuse. f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records. h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing. i. Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G. j. Title 28, CFR, Part 35. k. Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made, and 1. Title 44 CFR Parts 7, 16, and 19 relating to nondiscrimination. m. The requirements on any other nondiscrimination statute(s) which may apply to the application. n. Will, in the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, gender, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. Page 2 Initials o. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. p. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provision of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1. 14. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. (P.L. 91-646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interested in real property acquired for project purposes regardless of federal participation in purchases. Will also comply with Title 44 Code of Federal Regulations, Part 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and federally -assisted programs. 15. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 (ten thousand dollars) or more. 16. Will comply with all applicable Federal, State, and local environmental and historical preservation (EHP) requirements. Failure to meet Federal, State, and local EHP requirements and obtain applicable permits may jeopardize Federal funding. Will comply with all conditions placed on any project as the result of the EHP review; any change to the scope of work of a project will require re-evaluation of compliance with these EHP requirements. 17. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of FEMA/OHS, including but not limited to communications towers, physical security enhancements, new construction and modifications to buildings that are 50 (fifty) years old or more. Any construction related activities initiated prior to full environmental and historic preservation (EHP) review will result in a non-compliance finding. If ground disturbing activities occur during the project implementation, the recipient must ensure monitoring of the ground disturbance and if any potential archeological resources are discovered, the recipient will immediately cease activity in that area and notify OHS/FEMA and the appropriate State Historic Preservation Office. 18. Will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities, and will notify OHS and the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 19. Will provide any information requested by FEMA/OHS to insure compliance with applicable laws including the following: a. Institution of environmental quality control measures under the National Environmental Policy Act, National Historical Preservation Act, Archaeological and Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains Page 3 Initials .__ (EO1 1988), Wetlands (11990) and Environmental Justice (12898) and Environmental Quality (EO11514). b. "Title 44 CFR Parts 9 and 10, referencing floodplain management and environmental considerations. c. Notification of violating facilities pursuant to EO 11738. d. Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.). e. Conformity of federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.). f. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523). g. Califbrnia Environmental Quality Act (CEQA). California Public Resources Code Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section 15000-15007. h. Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to protecting components or potential components of the national wild and scenic rivers system. i Applicable provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. j. Will comply with all conditions placed on any project as the result of the EHP review; any change to the scope of work of a project will require re-evaluation of compliance with these EHP requirements. k. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of FEMA/OHS, including but not limited to communications towers, physical security enhancements, new construction and modifications to buildings that are 50 (fifty) years old or more. 20. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447 and 2448. 21. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department of Homeland Security." The recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." 22. Ilas requested through the State of California, federal financial assistance to be used to perform eligible work approved in the submitted application for federal assistance and after the receipt of federal financial assistance, through the State of California, agree to the following: a. Promptly return to the State of California all the funds received which exceed the approved, actual expenditures as accepted by the federal or state government. b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per federal fiscal year. Page 4 Initials 23. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 24. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 25. Will comply, if applicable, with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 26. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 27. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 28. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a to 276a-7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for federally assisted construction sub -agreements. 29. Agrees that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement. h. If any other funds than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a Member of Congress in connection with the federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. c. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite fbr making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall he subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 30. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the Page 5 Initials various fireyemergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant, and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. 31. Agrees that funds awarded under this grant will be used to supplement existing funds for program activities, and will not supplant (replace) non-federal funds. 32. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-21, A-87, A102, A-1 10, A-122, and A-133, E.O. 12372 and the current Administrative Requirements, Cost Principles, and Audit Requirements. Will also comply with Title 28, Code of Federal Regulations, Parts 66 and 70, that govern the application, acceptance and use of Federal funds for federally assisted projects. 33. Will comply with provisions of 28 CFR applicable to grants and cooperative agreements, Including: a. Part 18, Administrative Review Procedures. b. Part 20, Criminal Justice Information Systems. c. Part 22, Confidentiality of Identifiable Research and Statistical Information. d. Part 23, Criminal Intelligence Systems Operating Policies. e. Part 30, Intergovernmental Review of Department of Justice Programs and Activities. f. Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services. g. Part 38, Equal Treatment of Faith -based Organizations. h. Part 63, Floodplain Management and Wetland Protection Procedures. i. Part 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures. j. Part 61, Procedures for Implementing the National Environmental Policy Act. k. Part 64, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. I. Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. in. Part 67, Government -Wide Debarment and Suspension (Non -Procurement). n. Part 69, New Restrictions on Lobbying. o. Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub -awards) with Institutions of Higher Learning, Hospitals and other Non - Profit Organizations. p. Part 83, Government -Wide Requirements for a Drug Free Workplace (grants). 34. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 35. Agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. 36. Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds. Page 6 Initials 37. Will comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide and the current US Department of I lomeland Security (DHS) Financial Management Guide. 38. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2008 Homeland Security Grant Program Guidance and Application Kit, and the California Supplement to the FY 2008 Homeland Security Grant Program Guidance and Application Kit. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the State and/or Urban Area Homeland Security Strategies as well as the investments identified in the investment Justifications which were submitted as part of the California FY2008 Homeland Security (;rant Program application. Further, use of FY08 funds is limited to those investments included in the California FY08 Investment Justifications submitted to DHS/FEMA and evaluated through the peer review process. 39. Acknowledges that FEMA reserves a royalty -free, non exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a) the copyright in any work developed under an award or sub -award; and b) any rights of copyright to which a recipient or sub -recipient purchases ownership with Federal support. the recipient agrees to consult with GPD regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 40. Will not make any award or permit any award (suhgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension." 41. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 a. The applicant certifies that it and its principals: (i) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. (ii) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (iii) Are not presently indicted fbr or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(h) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and Page 7 Initials __. b. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 42. Agrees to comply with the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 and certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will he taken against employees for violation of such prohibition. (h) Establishing an on -going drug -free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace. (2) The grantee's policy of maintaining a drug -free workplace. (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a). (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted. (I) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or Page 8 Initials (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). 43. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 44. Understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. The undersigned represents that he/she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Authorized Agent: Printed Name of Authorized Agent: Title: Date: Page 9 Initials City of National City, California COUNCIL AGENDA STATEMENT FETING DATE ___F -2g89-__ AGENDA ITEM NO. 15 / ITEM TITLE Warrant Register #30 for the period of 01/14/09 through 01/20/09 in the Amount of $389,457.44 PREPARED BY D. Gallegos -Finance EXPLANATION DEPARTMENT Finance Jeanette Ladrido 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 01/14/09 through 01/20/09. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation Literacyworks 224846 55,000.00 Americorp Allownce SDG&E 224942 54,786.72 Utilies CEnvironmental Review __ _ NIA Financial Statement Not applicable. Approved By: Finance Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $389,457.44 BOARD / COMMISSION RECOMMENDATION 1. Warrant Register #30 ATTACHMENTS ( Listed Below) Resolution No. _ ____ _ A-200 i9 9f?:. 1 of 7 WARRANT REGISTER # 30 1/20/2009 Payee Description chk no chk date Amount CITY OF NATIONAL CITY ONE DAY FAIR 224822 1/15/09 116.15 AMAZON.COM ADULT NON-FICTION BOOKS 224823 1/20/09 90.77 BAKER & TAYLOR REFERENCE BOOKS 224824 1/20/09 1,278.27 BRODARI LIBRARY AUTOMATION 224825 1/20/09 3,077.94 CITY OF NATIONAL CITY UT OF STATE SALES TAX ON BPO#71748 224826 1/20/09 14.13 LASER SAVER INC MOP #45725 224827 1/20/09 200.05 MIDWEST TAPE DVD'SNIDEOS/PROCESSING SUPPLIES 224828 1/20/09 513.74 OMNIGRAPHICS, INC. REFERENCE BOOKS 224829 1/20/09 59.70 RANDOM HOUSE, INC. REFERENCE 1300KS 224830 1/20/09 1,098.08 TRATACOM BUSINESS CARD IMPRINTS 224831 1/20/09 31.54 U.S. POSTMASTER POSTAGE FOR OVERDUE NOTICES 224832 1/20/09 336.00 XEROX CORPORATION BASE CIIGS/OVERAGES 224833 1/20/09 842.91 ABBEY TRAVEL. (AMERICORPS LST YR6) 224834 1/20/09 61.77 AMAZON.COM CIRCULATION MATERIALS AND OFFICE 224835 1/20/09 14.99 AT & T MOBILITY WINGS CELL PHONE 224836 1/20/09 322.16 BELL, TRAVEL (AMERICORPS LSTA YR6) 224837 1/20/09 237.20 BHINDER TRAVEL, (AMERICORPS LSTA YR6) 224838 1/20/09 139.12 COOPER TRAVEL. (AMERICORPS LSTAYR6) 224839 1/20/09 562.54 CORPORATE EXPRESS MAT & SUPPLIES (LIT SERVICES YR6) 224840 1/20/09 225.48 DEANDA TRAVEL (AMERICORPS LSTA YR6) 224841 1/20/09 29.58 EASTMAN TRAVEL, (AMERICORPS 1.STA YR6) 224842 I/20/09 8.50 EMPIZO MAT& SUPPI,(AMERICORPS NCCS YR5) 224843 1/20/09 542.82 GII,L TRAVEL. (AMERICORPS LSTA YR6) 224844 1/20/09 125.67 GOODYEAR TRAVEL (AMERICORPS LSTA YR6) 224845 1/20/09 52.21 !TERACYWORKS LIVING ALLOWANCES FOR AMERICORPS 224846 1/20/09 55,000.00 1 2 of 7 iNcORpoRATO WARRANT REGISTER # 30 1 /20/2009 Payee Description chk no chk date Amount MARSHAI.L MAT & SUPPLITRAVEL(CNCS/LSTA YR6) 224847 I/20/09 160.99 MCCULLOUGH TRAVEL (AMERICORPS LSTA YR6) 224848 1/20/09 275.42 NEW READERS PRESS 10 CIIALLENGER WORKBOOKS 224849 1/20/09 81.72 NUNEZ TRAVEL (AMERICORPS LSTA YR6) 224850 1/20/09 720.36 PONCE-JIMENEZ "1RAVEL(AMERICORPS LSTA YR6) 224851 1/20/09 79.71 SCHMIDT TRAVEL (AMERICORPS LSTAYR6) 224852 1/20/09 58.33 SCIIWARZWAELDER TRAVEL/EXPERT SVC(AMERICORPSCNCS) 224853 1/20/09 94.35 SCOTT TRAVEL. (AMERICORPS LSTA YR) 224854 1/20/09 58.33 SINAVSKY TRAVEL (AMERICORPS LSTA YR6) 224855 1/20/09 286.70 SOSA T'RAVEL(AMERICORPS LSTA YR6) 224856 I/20/09 17.4' SPRINT VIDEO CONFERENCING/LONG DISTANCE 224857 1/20/09 29.00 STALIONS TRAVEL (AMERICORPS LSTA YR6) 224858 1/20/09 117.00 STRATEGIC RESOURCE COMPANY/ AMERICORPS HEALTHCARE 224859 1/20/09 1,646.77 THE PENWORTHY COMPANY BOOKS FOR THE WOWMOBILE 224860 1/20/09 126.91 VOGEL l'RAVEL (AMERICORPS LSTA YR6) 224861 1/20/09 89.28 WASHINGTON TRAVEL. (AMERICORPS LSTA, YR6) 224862 1/20/09 260.36 WIDMAR TRAVEL (AMERICORPS LSTA YR6) 224863 1/20/09 152.33 WILDER TRAVEL (AMERICORPS LSTA YR6) 224864 1/20/09 220.59 WILLIAMS TRAVEL. (AMERICORPS LSTA YR) 224865 1/20/09 7.60 XEROX CORPORATION CHARGES AND COPIES FOR LITERACY 224866 1/20/09 510.45 A COPY WORLD OCE DIGITAL COPY BOND 224867 1/20/09 152.36 ADAMSON DEPOSIT#11 177 2503 M AVENUE 224868 1/20/09 100.00 ADAN REIMB - ALARM FEE 224869 1/20/09 20.00 AIRGAS - WEST BALLOON HELIUM 224870 1/20/09 23.14 ALI, FRESH FOOD/CONSUMABLES 224871 1/20/09 1,768.5 2 3 of 7 WARRANT REGISTER # 30 1/20/2009 Payee Description chk no chk date Amount AMERICAN ROTARY BROOM CO., INC MOP #02683 SWEEPER REPAIRS 224872 1/20/09 574.35 ARROWHEAD FORENSIC PRODUCTS LAB SUPPLIES 224873 1/20/09 1,035.50 AUSTIN DOORS PREVENTIVE MAINTENANCE 224874 1/20/09 810.00 BROADWAY AUTO GLASS I)B08718GTY BACK WINDOW 1/20/09 1/20/09 258.27 BUTTS COURSE EDUCATIONAL REIMB 224876 1/20/09 120.00 CABLE, INC. CABLING MATERIAL FOR PD RECORDS 224877 1/20/09 2,645.00 CALIFORNIA BAKING CO. BREADPRODUCTS 224878 1/20/09 294.00 CALIFORNIA COMMERCIAL SECURITY MOP 45754 PIN NEUTER HEAD - PI) 224879 1/20/09 133.68 CALIFORNIA ELECTRIC SUPPLY MOP #45698 ELECTRICAL MATERIAL 224880 1/20/09 1,670.59 \RQUEST AUTO PARTS MOP #47557 BRAKE ROTORS 224881 1/20/09 184.40 CHOICEPOINT AUTO TRACK DATABASE - DEC 2008 224882 1/20/09 200.00 CITY OF CHLJI,A VISTA NOVEMBER 2008 SERVICES 224883 1/20/09 39,505.50 CITY OF NATIONAL CITY PETTY CASH DEC 2009 224884 1/20/09 641.75 CLEAN HARBORS HAZARDOUS WASTE PICKUP 224885 1/20/09 868.00 COOPER'S PLUMBING & HEATING CITY-WIDE PLUMBING SERVICES 224886 1/20/09 691.25 CORPORATE EXPRESS MOP 45704 DATA CTRG 4MM - PI)Z24887 1/20/09 362.18 COUNTY OF SAN DIEGO PARKING CITATION REV DEC'08 224888 1/20/09 3,267.17 CSUI,B FOUNDATION TUITION: CIVIL LIABILITY SEMINAR 224889 1/20/09 307.00 CULL.IGAN WATER SOS TER SvcS 224890 1/20/09 194.50 CURNOW MUSIC FOR CONCERTS 224891 1/20/09 195.00 DANIEL PEARCE/ RPM WELDING MOP #45749 ELECTRICAL, CABINET REPAIRS 224892 1/20/09 482.01 DAPPER TIRE COMPANY TIRES 224893 1/20/09 1,138.44 DELL MARKETING CORP FIAT PANEL. LCD MONITOR W/ STAND 224894 1/20/09 1,530.42 DIXIELINE LUMBER CO. MOP #45707 DRE,MEI, ROTARY TOOL KII 224895 1/20/09 888.97 ZEW FORD MOP #49078 LINKS 224896 1/20/09 418.86 3 4 of 7 WARRANT REGISTER # 30 1/20/2009 Payee Description chk no chk date Amount El) REED DIRECTOR STIPEND 224897 1/20/09 2,500.00 ESGII. CORPORATION PLAN CHECKING SERVICES OF BLDG 224898 1/20/09 22,570.36 FEDEX SPECIAL HANDLING CHGS 224899 1/20/09 86.34 FIRE ETC PACKING NUT 224900 1/20/09 127.58 FLEET SERVICES, INC MOP #67804 24X30 UNIVERSAL GUARD 224901 1/20/09 15.45 GCA LABELS PROPERTY AND EVIDENCE SUPPLIES 224902 1/20/09 225.33 GORMSEN APPLIANCE CO CITY WIDE APPLIANCE REPAIRS 224903 1/20/09 231.80 GRAINGER MOP #65179 LIGHT BULBS 100 WATTS 224904 1/20/09 107.44 GROSSMAN PSYCHOLOGICAL ASSOC. PRE-EMP PSYCHOLOGICAL EXAMS 224905 1/20/09 3,987.50 HD SUPPLY PEIJMBING MATERIAL OVER COUNTER 224906 1/20/09 11.0: HUNTER'S NURSERY INC. MOP #45719 SHRUBS, PLANTS 224907 1/20/09 461.10 IC CUBED K-9 CALLER REMOTE DOOR POPPER 224908 1/20/09 400.00 IRON MOUNTAIN RECORDS RECORDS MANAGEMENT 224909 1/20/09 125.00 JJJ ENTERPRISE CITY WIDE ALARM MONITORING 224910 1/20/09 97.50 JOIIN DEERE LANDSCAPES SB JDL SELECT BLEND PERENNIAL 224911 1/20/09 782.81 KIWANIS CLUB OF NATIONAL CITY MEMBERSHIP DUES/LUNCHES 224912 1/20/09 136.00 LASER SAVER INC IIP 4100 COMPATIBLE W/ WI IIP 224913 1/20/09 253.17 LOPEZ TRANSLATION SVCS - JAN 13, 2009 224914 1/20/09 100.00 MANPOWER OF SAN DIEGO WEEK ENDING 10/12/08 224915 1/20/09 3,046.40 MARSHALL MUSIC SHEET MUSIC FOR CONCERTS 224916 1/20/09 293.95 MARSHALL MUSIC CONCERT MUSIC 224917 1/20/09 54.04 MASON'S SAW & LAWNMOWER SRVC MOP #45729 SAWS, PRUNER BLADE 224918 1/20/09 300.01 MAYER HOFFMAN MCCANN P.C. FIFTH BILLING - ANNUAL AUDIT 224919 1/20/09 2,500.00 MCGUIRE DISTRIBUTION MILK PRODUCTS 224920 1/20/09 482.20 MISSION UNIFORM SERVICE LINEN SI.JPPLIES 224921 1/20/09 123.3' 4 5 of 7 WARRANT REGISTER # 30 1/20/2009 Payee Description chk no chk date Amount MYERS TIRE SUPPLY 1/8" PILOT WIRE P/PLIJG 224922 I/20/09 108.01 N C CHAMBER OF COMMERCE N C CRAM OF COMM ANNUAL. DINNER 224923 1/20/09 75.00 NAPA AUTO PARTS MOP #45735 IGNITION 224924 1/20/09 331.46 ONE SOURCE DISTRIBUTORS MOP #67256 EI.ECIRICAI. MATERIAL 224925 1/20/09 735.22 OUCHI'S POWER EQUIPMENT MOP #45740 THRO1TLE CONTROL. 224926 1/20/09 6.51 PACIFIC AUTO REPAIR LABOR, REPAIR & REPLACE I{EATER 224927 1/20/09 1,126.67 PADRE JANITORIAL SUPPLIES, INC JANITORIAL SUPPLIES 224928 1/20/09 114.40 PALADIN REAL ESTATE GRP REFUND OF TIME EXTENSION FEES 224929 1/20/09 1,232.00 PARMA 2009 PARMA MEMB & SIJBSCRIP 224930 1/20/09 100.00 ARTS PLUS AUTOSTORF. #71 1 - MOP 64946 OIL FILTER - PURCL 1 224931 1/20/09 133.89 PERRY FORD MOP #45703 LEVER. BUSHING, TUBE, PLUNGE 224932 1/20/09 186.34 PI111. CONCERT SERVICES 224933 1/20/09 150.00 POWERSTRIDE BATTERY CO INC MOP #67839 BATTERY 224934 1/20/09 334.72 PRO -EDGE KNIFE KNIFE SHARPENING 224935 1/20/09 45.00 PRUDENTIAL OVERALL SUPPLY MOP 45742 TOWELS - PD 224936 1/20/09 642.68 RAY WILLIAMS EQUIP REPAIR - ICE MACHINE 224937 1/20/09 201.68 REGIONAL. COMMUNICATIONS SYSTEM REGIONAL, COMMUNICATIONS SYS 224938 1/20/09 8,957.00 RODRIGUEZ SUBSISTENCE: CIVIL LIAB SEMINAR 224939 1/20/09 150.00 S.D. COUNTY SHERIFFS DEPT. CAL -ID PROGRAM COSTS- JUL- DEC 08 224940 1/20/09 8,150.00 SAM'S ALIGNMENT LOWER BALL JOINTS 224941 l/20/09 327.99 SDG&E STREET DIVISION 224942 1/20/09 54,786.72 SMART & FINAL FOOL) - NUTRITION 224943 1/20/09 22.46 SPARKI.EITS WATER DRINKING WATER 224944 1/20/09 6.96 SWEETWATER AUTHORITY STREET DIVISION 224945 1/20/09 2,644.41 YSCO SAN I)IEGO FOOD/CONSUMABLES 224946 1/20/09 6,467.18 5 6 of 7 WARRANT REGISTER # 30 1/20/2009 Payee Description chk no chk date Amount THAT "FECHINAL BOOKSTORE, INC. GREEN BOOK 2009 SPECIFICATIONS 224947 1/20/09 80.78 THE LIGIITHOUSE, INC. MOP #45726 FLASHER, BATT TERMS 224948 1/20/09 68.18 TIIE SAN DIEGO UNION TRIBUNE LEGAL NOTICES AI) - CITY CLERK 224949 1/20/09 1,469.44 TRAFFIC CONTROL SERVICE, INC. BIKE LANE CLOSED LANE 224950 1/20/09 103.64 TURNER'S PORTABLE WELDING OFF SIFE REPAIRS 224951 1/20/09 240.00 TYLER TECIINOLOGIES, INC DEFERRED SUPPORT PLUS 224952 1/20/09 43,010.09 VALLEY DETROIT DIESEL ALLISON REPAIR & REPLACE MAIN CONNECTOR 224953 1/20/09 1,634.86 WESTFLEX INDUSTRIAL MOP #63850 20 X 20 SCREEN 224954 1/20/09 57.67 WILLY'S ELECTRONIC SUPPLY MOP #45763 ZIP CORD 224955 1/20/09 50.72 WOOD & WOOD CLAIM COSTS:GONZALEZ V. OFFICER 224956 1/20/09 13,765.4G WOOD & WOOD CLAIM COSTS:FLORES V. J C PENNEY 224957 1/20/09 7,033.00 CITY OF NATIONAL CITY Y PETTY CASH DEC 2009 CDC 224958 1/20/09 199.84 CORPORATE EXPRESS MOP 45704 OFFICE SUPPLIES 224959 1/20/09 23.16 DIXIELINE LUMBER CO. MOP 45707 SII,ICA SAND - CS 224960 1/20/09 108.32 EDCO DISPOSAL. WASTE SERVICE NOV 2008 224961 1/20/09 104.75 EDCO DISPOSAL CORPORATION GRANGER HALL WASTE DISP 224962 1/20/09 209.50 GEOSYNTEC CONSULTANTS EDUCATION VILLAGE 224963 I/20/09 6,045.37 HUSK PARTNERS CONSULTING SVCS - JAN 09 224964 1/20/09 7,500.00 LAW OFFICES OF DON DETISCH LEGAL SERVICES - CDC V MATCHINSKI 224965 1/20/09 2,354.60 MAYER HOFFMAN MCCANN P.C. CDC FINANCIAI, & HOUSING AUDIT 224966 1/20/09 11,500.00 NATIONAL CONSTRUCTION RENTAL EQUIP RENTAL - DAY INN 224967 1/20/09 177.08 NBS PBID ADMINISTRATION 224968 1/20/09 2,220.39 NIEDERFRANK'S ICE. CREAM EQUIP PURCHASE 224969 1/20/09 1,068.16 OPPER & VARCO LEGAL SERVICES HARBOR DISTRICT 224970 1/20/09 709.50 POWER PI,US EQUIP RENTAL - AQUATIC CNFR 224971 1/20/09 195.0( 6 Payee PRUDENTIAL OVERALL. SUPPLY PYATOK ARCHITECTS INC SAN DIEGO UNION TRIBUNE SD STATE FOUNDATION VERONICA TAM & ASSOCIATES VISTA PAINT WESTFLEX INDUSTRIAL, XEROX CORPORATION WARRANT REGISTER # 30 1/20/2009 Description MOP 45742 STREET UNIFORMS - CS CONTRACT & EXPERT SVCS ADVERTISING - 1820 G & 1441 HARDING SMALL BUSINESS CONSULTING IDIS ASSISTANCE MOP 68834 COVERALL SEMIGLOSS BENEFIT LOAN PROGRAM LEASE FOR DEC 2008 7 of 7 chk no chk date Amount 224972 1/20/09 66.70 224973 1/20/09 4,987.10 224974 1/20/09 1,462.40 224975 1/20/09 25,000.00 224976 1/20/09 525.00 224977 1/20/09 48.01 224978 1/20/09 489.17 224979 1/20/09 439.19 Total $ 389,457.44 Grand Total 389,457.44 7 INC,ORiNjit i0 - Warrant Register # 30 1/20/2009 001 GENERAL FUND 74,330.75 104 LIBRARY FUND 4,291.02 105 PARKS MAINTENANCE FUND 1,765.83 108 LIBRARY CAPITAL OUTLAY 1,972.53 120 PLAN CHECKING REVOLVING FUND 13,672.75 125 SEWER SERVICE FUND 306.19 136 TINY TOT CLASSES FUND 195.09 154 STATE PUBLIC LIBRARY FUND 1,278.27 166 NUTRITION 9,894.30 172 TRASH RATE STABILIZATION FUND 868.00 211 SECURITY AND ALARM REGULATION FUND 20.00 246 WINGS GRANT 356.64 290 POLICE DEPT GRANTS 1,530.42 301 GRANT-C. D. B.G. 1,987.40 307 PROPOSITION A" FUND 4,046.40 320 LIBRARY GRANTS 61,960.34 345 TRAFFIC CONGESTION RELIEF 505.50 502 SECTION 8 FUND 1,953.23 505 HOME FUND 116.15 511 TAX INCREMENT FUND 91,425.93 522 LOW/MODERATE HOUSING FUND 66.68 626 FACILITIES MAINT FUND 30,904.92 627 LIABILITY INS. FUND 20,898.40 628 GENERAL SERVICES FUND 1,273.32 629 INFORMATION SYSTEMS MAINTENANC 51,967.09 630 OFFICE EQUIPMENT DEPRECIATION 2,645.00 632 GENERAL ACCOUNTING SERVICES 2,551.85 643 MOTOR VEHICLE SVC FUND 6,573.44 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 100.00 Total 389,457.44 City of National City, California COUNCIL AGENDA STATEMENT .AEETING DATE February 17, 2009 16 AGENDA ITEM NO. ITEM TITLE arrant ' egis er ° or e peso Amount of $1,389,840.80 PREPARED BY D. Gallegos -Finance EXPLANATION. roug in DEPARTMENT Finance Jeanette Ladrido 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 01 /21 /09 through 01/27/09. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation Environmental Health 224983 64,573.02 Healthy Homes Nov 2008 Public Emp Ret Sys 225011 266,342.29 Emp Ret Sys PPE 01/12/09 Tristar 225019 50,560.96 Prefund Claim Environmental Review Financial Statement Not applicable. N/A Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $1,389,840.80 BOARD±COMMISSION RECOMMENDATION 1. Warrant Register #31 ATTACHMENTS ( Listed Below) Resolution No. A-200 (Rev. 9/80) PAYEE BELTANE WEB SERVICES ZAPATA PRECISION ARMS ENVIRONMENTAL HEALTH COALITION ALEXANDER'S LEGAL SEMINARS BANK OF AMERICA BOARD OF EQUALIZATION BOYS & GIRLS CLUB CALPERS CITY OF CHULA VISTA CITYGATE ASSOCIATES, LLC CORPORATE EXPRESS DATA TICKET INC DEESE DELTACARE (PMI) DIXIELINE LUMBER CO. '7INNO )EX FERNANDEZ GRAINGER HAMILTON MEATS & PROVISIONS HORIZON HEALTH EAP IMAGING PRODUCTS J.R. WILSON KOAZ INC LEXIS-NEXIS LOPEZ N C CHAMBER OF COMMERCE NCFFA PERVO TRAFFIC CENTER PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RADIATION DETECTION COMPANY RODRIGUEZ SAN DIEGO RECREATION & SIRCHIE FINGERPRINT LAB, INC. SPRINGER STARTECH COMPUTERS SWEETWATER AUTHORITY TRISTAR RISK MANAGEMENT UNION -TRIBUNE PUB. CO. '7TA PAINT .STFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY ZUMAR INDUSTRIES CHRISTENSEN & SPATH LLP WARRANT REGISTER # 31 1/27/2009 DESCRIPTION QUICKSSL CERTIFICATE 1/25/09-1/26/2010 REIMBURSE FOR MISC EXPENSES SNIPER RIFLE, REMINGTON STAINLESS HUD HEALTHY HOMES GRANT - NOV'08 REVISION NO.38 CIVIL LITIGATION CREDIT CARD EXP - PD SALES TAX LIABILITY FOR OCT - DEC 08 2009 ANNUAL DINNER B & G CLUB EXPERT & CONSULTANT SERVICES ANIMAL SHELTER COSTS CONSULTANT FEES FOR FIRE DEPT MOP 45704 CD-R SPDNL PC PROCESSING, APPEALS - DEC 2008 SUBSISTENCE: DEVELOP SEMINAR DENTAL INS PMI JAN 2009 MOP #45707 COIL CHAIN/REPAIR LINKS MILEAGE REIMB-INVESTIGATIVE AID EXPRESS SVCS - FINANCE EDUC REIMB-PROFESSIONAL ENG MOP 65179 BATTERY FAN COOLED MEAT PRODUCTS MEDICAL SERVICES PANASONIC DMC-FZ28K LUMIX DIGITAL LIABILITY CLAIM COSTS SELF INKING STAMP CA PENAL CODE 2009 EDITION TRANSLATION SVC ON 01/20/09 MEMBERSHIP BREAKFAST SHIFT CALENDARS FOR 2009 MOP 63846 SIGNS MOP 45742 ORANGE SHOP TOWEL SERVICE PERIOD 01-09-3 TLD CBGN BADGE - QUARTERLY SUBSISTENCE:TEAM SEMINAR 2009 MEMBERSHIP & SUBSCRIPTION LAB SUPPLIES SUBSISTENCE: RECRUIT COURSE MOP 61744 COMPUTER SUPPLIES FACILITIES DIVISION PREFUND FOR D. SHEEAN CLAIM PUBLICATION OF PLANNING COMMISSION STRIPE BLACK SPRAY CANS MOP 63850 HYDRAULIC HOSE MOP 45763 ELECTRONICS SIGN, "FLOODED", 30X30 CASA FAMILIAR 1820 G AVE 1/2 CHK NO DATE AMOUNT 224980 1/22/09 387.00 224981 1/22/09 536.78 224982 1/22109 5,111.25 224983 1/22/09 64,573.02 224984 1/27/09 41.83 224985 1/27/09 490.00 224986 1/27/09 5,305.00 224987 1/27/09 200.00 224988 1/27/09 200.00 224989 1/27/09 8,291.01 224990 1/27/09 7,990.00 224991 1/27/09 639.09 224992 1/27/09 1,679,60 224993 1/27/09 200.00 224994 1/27/09 3,398.43 224995 1/27/09 438.51 224996 1/27/09 293.79 224997 1/27/09 27.90 224998 1/27/09 1,200.00 224999 1/27/09 286.59 225000 1/27/09 874.79 225001 1/27/09 1,300.00 225002 1/27/09 348.98 225003 1/27/09 205.00 225004 1/27/09 662.83 225005 1/27/09 61.78 225006 1/27/09 100.00 225007 1/27/09 15.00 225008 1/27/09 185.00 225009 1/27/09 984.20 225010 1/27/09 40.38 225011 1/27/09 266,342.29 225012 1/27/09 106.00 225013 1/27/09 200.00 225014 1/27/09 200.00 225015 1/27/09 1,710.10 225016 1/27/09 372.00 225017 1/27/09 1,331.32 225018 1/27/09 12,756.94 225019 1/27/09 50,560.96 225020 1/27/09 1,043.20 225021 1/27/09 271.03 225022 1/27/09 92.65 225023 1/27/09 28.72 225024 1/27/09 478.41 225025 1/27/09 4,401.87 CHULA VISTA BLUEPRINT CO CITY OF NATIONAL CITY COUNTY CLERK COUNTY OF S D EQUIFAX INFORMATION SVCS GEOSYNTEC CONSULTANTS HARRIS & ASSOCIATES PRUDENTIAL OVERALL SUPPLY RICK ENGINEERING CO. SAN DIEGO DAILY TRANSCRIPT SCS ENGINEERS THE STAR NEWS U.S. HEALTHWORKS PAYROLL Pay period Start Date 2 12/30/2008 REPRODUCTION OF PLANS INSPECTION FEE - KIMBALL HOUSE 8TH ST UNDERGROUNDING CREDIT BACKGROUND CHECK FOR S8 ENVIRONMENTAL CONSULTING 1820 G AVE DEMOLITION MOP 45742 STREET UNIFORMS CONTRACT SERVICES BAY MARINA DRIVE SURFACE WATER SAMPLING BAY MARINA DRIVE PROJECT HEALTH EXAM - H OLIVERA End Date Check Date 1/12/2009 1 /21 /2009 225026 1/27/09 225027 1/27/09 225028 1/27/09 225029 1/27/09 225030 1/27/09 225031 1/27/09 225032 1/27/09 225033 1/27/09 225034 1/27/09 225035 1/27/09 225036 1/27/09 225037 1/27/09 A/P Total A/P Total 2/2 18.10 541.65 50.00 53.84 1,659.11 1,456.41 13.34 7,667.61 594.10 104.50 820.00 394.42 459,336.33 930,504.47 459,336.33 GRAND TOTAL $ 1,389,840.80 Warrant Register # 31 1/27/2009 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 111 P.O.S.T. FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 154 STATE PUBLIC LIBRARY FUND 158 SWIMMING POOL REVOLVING FUND 166 NUTRITION 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 191 STOP PROJECT 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 230 ABANDONED VEHICLE ABATEMENT GRANT 246 WINGS GRANT 282 REIMBURSABLE GRANTS CITYWIDE 290 POLICE DEPT GRANTS 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 320 LIBRARY GRANTS 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE 963,788.19 27,131.16 21,233.57 3,529.20 772.00 19,435.14 3,107.88 1,499.84 971.11 13,218.29 1,715.24 898.96 4,296.90 2,803.08 1,139.81 1,965.12 3,809.97 5,537.41 66.57 7,954.77 64,679.02 1,860.93 4,016.01 4,738.74 20,880.62 383.12 73,241.96 8,933.23 33, 546.26 54, 374.56 5,355.08 4,457.35 1,428.91 16,447.91 10, 568.15 54.74 1,389,840.80 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 17, 2009 AGENDA ITEM NO. 17 ITEM TITLE National City Sales Tax Update —Third Quarter 2008 PREPARED BY Jeanette Ladrido, /C'RAJ) DEPARTMENT Finance x4331 Finance Director EXPLANATION The City has an on -going contract with Hinderliter, de Llamas & Associates (HdL Companies) for revenue management. Staff meets with a representative of HdL on a quarterly basis to review sales tax data and trends within the City and statewide. The HdL companies also review National City property tax data and provides an annual report of the Redevelopment project areas. Attached is the National City Sales Tax Update for the third quarter of 2008. This newsletter is also available on the City's website. Environmental Review N/A Financial Statement N/A Approved By: Jeane e Ladrido, Finance Director Account No. STAFF RECOMMENDATION Accept and file the newsletter. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. National City Sales Tax Update —Quarter 3 2008 L. A-200 (9/80) ■ 3rd Quarter 2007 ■ 3rd Quarter 2008 Fuel and Building Business Food Service and and and Stations Construction Industry Drugs National City In Brief .'..eceipts for National Citys third quarter sales were 9 2% lower than the same quarter one year ago. Ac- tual sales were down 10.8',% when reporting aberrations were factored out. •jA decline in sales from new mo- tor vehicle dealersauto leases and building & construction was primar- ily responsible for the current le- ase. he losses were partially offset by a recent addition that helped boost revenues from general consumer goods. Receipts that were incor- rectly allocated inflated results from light industrial/printers. he city's Proposition D transac- tion tax generated an additional $2.215.304 in revenue which was 2.2% higher than the same quarter one year ago. djusted for reporting aberrations. taxable sales for all of San Diego County declined 3.8% over the com- parable time period while the South- ern California area, as a wholewas down 5.1 %. National City 12T' Sales Tax Update Fourth Quarter Receipts for 7 hireiQuarter Saki (Jul -Sep 2008) SALES TAX BY MAJOR BUSINESS GROUP $1,e00,000 S 1,400 ,000 S 1,200 ,000 $1,000,000 5800 ,000 $600,000 $400,000 $200,000 So Autos and Transportation General Consumer Goods Restaurants and Hotels To 25 PRODUCERS In Alphabetical Order Ameircan Hearing Systems Ball Honda Acura Mitsubishi & Suzuki BP West Coast Products Circuit City Dixieline Lumber Frank Motors Fusco Abrasive Systems Hanson Aggregates Harrison Buick Highland Arco JC Penney Macys McCune Motors McLean Automotive Mossy Nissan Perry Ford Ron Baker Chevrolet Isuzu Ross South Bay Volkswagen Suzuki Sweetwater Harley Davidson Target Three Wives Univar Wal Mart Wescott Mazda Kia Q.l National City Sales Tax Update Curre11.', Tlid y decliiec of 200 were f4t~t$ Reveiir 25 7%:c teinbe ing mate purchas! goods 4 drug store -Statewide and use tax receipts ;btu the same period Maccounting aberrations tuts riety car sales dropped to July through Sep - ':Receipts from build- ecliried_. 1 2.4%, business and general consumer Receipts from grocers, rd some categories of restaurants cbritinued' to post modest gains. The statC` cushioned': cord fuel p petroleum r over the third qu'ar�tet ti counted for 14% ofsales and use tax collections. Continuing Declines Projected This was the fifth consecutive qu of decreasing statewide sales and use tax revenues. Given that the depth, length, and solution to this recession remain uncertain, local government budgeting will be the most challengin. g it has been in decades. Adding to the difficulty will be an expected rash of business closures as the existing glut of too much debt and too many stores and auto deakrships is sorted out. The current consensus is that drasti- cally lower fuel prices and the weak- est holiday spending since the 1980's will make the drop in March's sales tax receipts (October through December sales) the most severe of the cycle to date. Lesser declines are likely for at least two quarters thereafter with over- all revenues "bottoming out" at the end of 2009 or first quarter of 2010. Agencies Will Fare Differently Each jurisdiction's experience will vary with the specific makeup and character of its local tax base. The timing and benefits of an additional federal stimu- lus package remains unknown but can- not be expected to produce immediate Ca or complete recovery. As of January 1, prognostications for key segments of the state's sales tax revenues were: Consumer Goods - With Califor- nians already debt burdened, loos- ening of credit is not expected to stimulate spending to previous highs until jobs and retirement investments revive. Further declines are projected for the remainder of 2008/2009 with minimal growth in 2009/2010. Auto Related - Credit will help but real recovery is not anticipated until .2010/2011. Severe declines are ex- ected to continue through at least the •' i der of 2008/2009. Even production cutbacks East unrest will not bring mer's peak prices. A e is expected in the last two 2008/2009 with continu- i�e reductions through mid 2009/2010. Business Spending - This usually falls and recovers later in the cycle than other segments. Declines of 5% to 10% are expected for some indus- trial categories during the remainder of the fiscal year continuing through 2009/2010. Building/Construction - Public spending is expected to boost specific tax categories by 2009/2010 but fewer housing, industrial and commercial startups make major gains unlikely. Restaurant/Entertainment - Fast food sales should hold up but cutbacks in revenues from tourism and casual and high end restaurants are expected over the next few quarters. SALES PER CAPITA $8,000 $6,000 64,000 $2,000 SO Q3 cis National City Q3 06 Q3 07 Q3 08 County California NATIONAL CITY TOP 15 BUSINESS TYPES equ?�Y Gross•4411jiEs' 3'Q6" $877.6 239.9 233.4 215.2 169.7 133.5 119.4 114.0 89.5 74.7 71.4 54.8 52.5 49.2 46.5 Ctiangi -32.2% 12.6% 1.3% 39.5% -28.3% 16.4% -20.5% 157.5% 2.1% -4.1% 22.5% 42.1% -1.5% 72.0% -33.8% -22.8% 25.1 11.8% 2.0% -12.5% 1.3% -15.8% -3.4% -6.0% 4.8% 0.3% -15.3% 2.1 -0.1 -15.6% -23.9% 25.6% 6.7% -0.9% -13.9% 0.3% -16.8% -4.0% -5.9% -0.6% -1.3% -11.8% -7.3% -8.4% -25.0% City of National City, California CITY COUNCIL AGENDA STATEMENT 18 METING DATE February 17, 2009 AGENDA ITEM NO. ITEM TITLE DISCLOSURE OF PROPERTY INTERESTS LOCATED WITHIN REDEVELOPMENT PROJECT AREA; COUNCILMAN JESS VAN DEVENTER PREPARED BY George H. Eiser, III (Ext. 4221) EXPLANATION DEPARTMENT City Attorney Please see attached memorandums. Environmental Review 1 N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Enter disclosure on the minutes. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Memorandum from Councilman Van Deventer Memorandum from City Attorney A-200 (9/99) CALIFORNIA* Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate TO: City Manager FROM: City Attorney SUBJECT: Disclosure of Property Interests Located Within Redevelopment Project Area; Councilman Jess Van Deventer NkT9 L CIT1r INCORPORATED Office of the City Attorney City Attorney George H. Eiser, III Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette Risk Manager Ashley K. Fenton DATE: February 3, 2009 BACKGROUND Attached is a Disclosure of Property interests Located within Redevelopment Project Area signed by Councilman Jess Van Deventer. Section 33130 of the Health and Safety Code (the Community Redevelopment Law) requires that such a statement be entered on the minutes of the redevelopment agency and of the legislative body (the City Council). The requirements of Section 33130 are in addition to the disclosure requirements of the Political Reform Act. RECOMMENDED ACTION It is requested that this disclosure be entered on the minutes of the City Council and CDC at their meeting of February 17, 2009. GEORGE H. EISER, III City Attorney GHElmo Attachment 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 CALIFORNIA* Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate NA oN. omit aow INCORPORATED Office of the City Attorney TO: City Manager FROM: Councilman Jess Van Deventer SUBJECT: Disclosure of Property Interests Located within Redevelopment Project Area; Councilman Jess Van Deventer City Attorney George H. Eiser, Ill Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette Risk Manager Ashley K. Fenton DATE: February 4, 2009 Pursuant to Section 33130 of the Health and Safety Code, please enter into the minutes of the February 17, 2009 City Council meeting the fact that I own or have direct or indirect financial interests in the following properties located within the National City Redevelopment Project Area: 41 East 18th Street, National City 115 Fast 18th Street, National City 125 Fast 17th Street, National City 1233 McKinley Avenue, National City 1523 Wilson Avenue, National City 607 West 12th Street, National City 34 East 17th Street, National City 106 East 17th Street, National City 25.East 17th Street, National City 115 East 17th Street, National City 110 East 16th Street, National City 605 West 12th Street, National City `,ess Van Deventer II1No ncilman 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 17, 2009 AGENDA ITEM NO. 19 (ITEM TITLE Public Hearing — Amendment to litle 18 (Zoning) Chapter 18.142 of the National City Municipal Code pertaining to Residential Density Bonus and Affordable Housing Incentives and Proposed Negative Declaration (Applicant: City Initiated) (Case File No. 2008-15 A) PREPARED BY Peggy Chapin -4319 DEPARTMENT Planning Division EXPLANATION On September 2, 2008. the Council considered an amendment to the Land Use Code, Chapter 18.142, Residential Density Bonus and Affordable Housing Incentives. The purpose of the amendment was to bring the City's code into compliance with state law that had been amended several times. most recently in 2008. The Council requested staff make two modifications to the ordinance: 1) to remove the opportunity for developers with less than five units to request a density bonus and 2) to remove administrative review for those projects with minimal community impacts. Staff has revised the ordinance to meet the Council's directive and made changes to reflect the most recent changes to state law. The attached background report describes the draft amendment in detail. Environmental Review Financial Statement N/A N/A Proposed Negative Declaration (2008-15 IS) Approved By: Finance Director Account No. STAFF RECOMMENDATION kce Staff concurs with the recommendation of the Planning Commission. BOARD / COMMISSION RECOMMENDATION On February 2, 2009. the Planning Commission recommended approval of the amendment to the Land Use Code, Chapter 18.142. Vote: Ayes- DeLaPaz, Reynolds, Baca, Alvarado, Pruitt, Farias. Absent: Flores ATTACHMENTS ( Listed Below) Resolution No. 1. Background Report 2. Draft Amendment 3. Recommended Findings 4. Planning Commission Resolution 5. Negative Declaration & Initial Study A-200 (9/99) BACKGROUND REPORT Case File No. 2008-15 A 1. State Density Bonus Law In order to ensure opportunities for affordable housing are offered at the local level, the State of California requires each jurisdiction to adopt a density bonus ordinance that allows for increased number of units than would be typically permitted by the city's General Plan and offers flexibility to development standards for developers providing affordable housing. However, the density bonus is only available if the units are reserved for low income households for a period of 30 years. Affordable housing is defined by California Health and Safety Code as those households whose income does not exceed the area median income (AMI) of the county where the city is located. The income levels are as follows: • Very Low income households as those earning 50% or less AMI. • Low/Lower income households are those earning 51-80% AMI, and • Moderate income households are those earning 81-120% AMI. In 2000, the City adopted Chapter 18.142 of the City's Land Use Code, Residential Density Bonus and Affordable Housing Incentives, in accordance with the State Government Code applicable at that time. In September 2004, the state approved SB 1818 which substantially modified the original state density bonus law by increasing the maximum allowable density bonus from 25% to a 35% of the total number of units proposed. Additionally, the hill introduced a sliding scale model which allowed for an increase in the number of bonus units relative to the percent of affordable units in the project and the target level of affordability: moderate, low, or very low. SB 1 818 also increased the number of concessions or incentives a local agency must grant developers who qualify for a density bonus. [Under previous legislation, a city was required to grant only one concession. Under SB 1818, a sliding scale provides between one and three concessions and/or incentives. In the fall of 2005, SB435 was adopted to further clarify the intent of the affordable housing regulations. Again, state law was modified with AB 2280 effective January 12, 2009. The following summarizes the most recent changes in state density law: • Delete the requirement that the applicant show the waiver or modification is necessary to make the housing units economically feasible. • Specify that a local government cannot apply development standards that would physically preclude construction of the development at the allowable density or with the required concessions or incentives. Amendment to Chapter 18.142 (Case File: 2008-15 A) 1 • Define development standard to include, but not be limited to, site or construction conditions such as height limitations, setback requirements, floor area ratios, onsite open space requirements, and parking ratios. 2. Proposed Changes to Land Use Code Chapter 18.142 The proposed amendment carries out two principal objectives: 1) modify the proposed code amendment as requested by the Council on September 2, 2008, and 2) to comply with the most recent changes to State Government Code Section 65915 — 65918. The proposed ordinance has been revised deleting opportunities for density bonus projects of less than five units and eliminating administrative review of those developments with minimal community impacts. Additionally, the draft ordinance has been revised to include provisions of state law including the sliding scale to allow for increased density when a developer provides units for very low to low income households as reflected below: Min. % of Affordable Units in a Project Initial Density Bonus Additional Density Bonus per Each Additional 1 % of Affordable Units Maximum Bonus Possible % of Total Project Affordable to Obtain Maximum Bonus Moderate (for sale only) ° 10% 5% 1 % 35% 40% Low/Lower 10% 20% 1.5% 35% 20% Very Low 5% 20% 2.5% 35% 11% In addition to the ability to increase the number of units permitted per the zone, a developer may also request concessions or incentives from the City. These may include, but are not limited to, reductions in setbacks, lot coverage, open space, and parking and increase in building heights. The number of concessions permitted is based on the number of affordable units provided and the level of affordability. The following table summarizes how many concessions (or incentives) would be allowed. Amendment to Chapter 18.142 (Case File: 2008-15 A) 2 AFFORDABILITY LEVEL PERCENTAGE OF TOTAL UNITS "THAT ARE AFFORDABLE NUMBER OF CONCESSIONS VERY LOW 5% 1 10% 2 15% 3 I,OW 10% 1 20% 2 30% 3 MODERATE INCOME (FOR SALE) 10% 1 20% 2 30% 3 Consistent with the provisions in Govt. Code 65915(p), the draft ordinance allows for parking reductions as follows: • Zero to one -bedroom units: one on -site parking space. • Two to three -bedroom units: two on -site parking spaces. • Four and more bedroom units: two and one-half on site parking spaces. The proposed ordinance has been amended to comply with the Government Code Section 65915- 65918 as discussed above. 3. Environmental Review In accordance with the California Environmental Quality Act (CEQA), an Initial Study and Negative Declaration were prepared. Since no development is currently proposed, the Negative Declaration concluded that there arc no direct environmental impacts. The Initial Study and Negative Declaration were noticed and available for public and agency review for the 30-day period from July 18, 2006 through August 18, 2008. 4. Planning Commission Review A public hearing was held before the Planning Commission on August 18, 2008 and again on February 2, 2009. At each of the public hearings, no one spoke on the item. The Commission found the amendment would bring the City's code into compliance with State requirements, in addition to furthering City goals to provide housing for all members of the community. Amendment to Chapter 18.142 (Case File: 2008-15 A) 3 Draft Amendment 18.142.010 Intent and purpose. The intent and purposes of this chapter are to: A. Implement the policies of the General Plan's Housing Element for developing affordable housing for households with very low, low, and moderate incomes. B. Encourage affordable housing units to be developed citywide and designed to be consistent with the surrounding neighborhood. C. Implement the provisions of State Government Code Section 65915. 18.142.020 Definitions. Whenever the following terms are used in this chapter, they shall have the meaning established below: A. "Additional incentives" means any regulatory concessions or incentives which would result in identifiable cost avoidance or reductions that are offered in addition to a density bonus, as also specified in California Government Code Subsections 65915 B. "Density bonus" means a density increase of up to thirty-five percent over the otherwise maximum residential density allowable by the applicable zoning designation, pursuant to State Government Code 65915, as amended from time to time. C: "Density bonus units" means those residential units granted pursuant to the provisions of this chapter that exceed the otherwise allowable maximum residential density for the development site. D. "Development standard" shall have the meaning given that term by Government Code Section 65915. E. "Financial Pro Forma" means a financial report for density bonus projects which shall include identifiable, financially sufficient, and actual cost reductions achieved through any requested incentives or concessions, as well as evidence that the cost reduction allows the developer to provide affordable rents or affordable sales prices. F "Housing development" for the purpose of this chapter means construction projects consisting of five (5) or more residential units, including single-family, multi -family, and mobile homes for sale or rent: G. "Lower income household" means households whose income is no more than 80 percent of the area median income of Diego County, as established and amended time to time by Section 8 of the United States Housing Act of 1937 pursuant to Section 50079.5 of the California Health and Safety Code. "Maximum residential density" means the maximum number of residential units permitted by the city's General Plan Land Use Element and Land Use Code at the time of application, excluding the provisions of this chapter. In calculating the required number of 2008-15 A - Code Amendment 18.142 Residential Density Bonus and Affordahle (lousing Incentives Page 1 of 6 dwelling units affordable to moderate, lower, or very low income households, any decimal fraction resulting from the applicable percent of the total units shall be rounded to the next larger whole number. "Moderate income household" means households whose income does not exceed 120 percent of the area median income of San Diego County, as established and amended time to time by Section 8 of the United States Housing Act of 1937 pursuant to Section 50093 of the California Health and Safety Code. J. "Non -restricted unit" means all units within a housing development as defined in this chapter, excluding the target units. K "Target unit" means a dwelling unit within a housing development that will be reserved for sale or rent to, and affordable to, very low, or lower, or moderate income households, or qualifying residents. "Very low income household" means households whose income is no more than 50% of the area median income of San Diego County, as established and amended time to time by Section 8 of the United States Housing Act of 1937, pursuant to Section 50105 of the California Health and Safety Code. (Ord. 2194 § 5 (part)) 18.142.030 Density bonus. A. In applications for projects meeting the minimum threshold of five (5) units or more, the density bonus provisions set forth in Government Code Section 65915, as amended from time to time, shall apply. B. It is the intent of this section to ensure that all projects applying for the concessions and incentives of this section provide for affordable housing units that are comparable in size, design, and quality to the market units in the same project. The Planning Director, unless otherwise specified, shall have the discretion and authority to enforce this provision during the application process. 18.142.050 Concessions, incentives, and development standards and -criteria. In applications for projects meeting the minimum threshold of five (5) units or more, concessions and incentives including reductions in site development standards, modifications of zoning code or architectural design requirements, and other incentives or concessions defined in Government Code Section 65915(1) may be requested, consistent with the parameters enumerated below Concessions and incentives. The applicant shall provide a financial pro forma demonstrating to the city that the requested concession or incentive results in identifiable, financially sufficient, and actual cost reductions to the project pursuant to California Government Code Section 65915(1)(1). Development Standards. Applicants may seek a waiver or modification of development standards that will have the effect of precluding the construction of a residential development meeting the criteria of Government Code Section 65915 at the densities or with the incentives or concessions permitted by that section. Nothing in this section requires the city to provide direct financial incentives for the residential development, including but not limited to the provision of publicly owned land, waiver of fees, off -site improvements, or dedication requirements. 2008- 1 5 A - Code Amendment 18.142 Resideni a1 Density. Bonus and Affordable Housing Incentives Page 2 of 6 18.142.060 Application requirements and review. A. Application Conference. Prior to submitting an application, an applicant proposing a housing development pursuant to this section shall schedule a pre -application conference with appropriate Planning and Housing Division staff A PreApplication conference materials should contain the following information: 1. A brief description of the proposed development, including at a minimum the total number of units; total number of target units and total number of density bonus units proposed. 2. The combined general plan/zoning designations and assessor parcel number(s) of the project site. 3. A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway and parking layout. 4. If an additional incentive(s) is requested, the application should describe why the additional incentive(s) is necessary to ensure affordability of the target units and density bonus units proposed; 5. The developer/applicant should also submit the project pro -forma, outlining revenue sources, expenses, and projected profit. B. Application/Processing. Requests for a density bonus and/or additional incentive(s) pursuant to this chapter shall be submitted to the Planning Division; and processed pursuant to procedures in Chapter 18.116 for approval of a conditional use permit and concurrently with any other application(s) required for the development. In addition, applications shall include the following: 1. A description of any requested density bonuses, incentives, concessions, waivers or modifications of development standards, or modified parking standards. 2. Identification of all affordable units qualifying for the project for a density bonus, and level of affordability of all affordable units. 3. For all incentives and concessions, a financial pro forma demonstrating that the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions is required. 4. For waivers or modifications of development standards: evidence that the imposition of the development standards for which a waiver is requested will have the effect of precluding the construction of the residential development at the densities or with the incentives or concessions permitted by Government Code Section 65915. Any financial pro forma submitted to comply with this section may not include the lost opportunity cost of any affordable units (i.e., the revenue that would have been generated had the units been rented or sold at market rate) and may include as an additional cost only those additional expenses that are required solely because of the proposed construction of the affordable units. The pro forma shall also include: (a) the actual cost reduction achieved through the incentive or concession; and (b) evidence that the cost reduction allows the developer to provide affordable rents or affordable sales prices. The city may retain a consultant to review the financial report (pro forma). The cost of the consultant shall be borne by the applicant with the following exception: if the 2008-15 A - Code Amendment 18.142 Residenfial Density Bonus and Affordable Housing Incentives Page 3 of 6 applicant is a non profit organization, the cost of the consultant may be paid by the city upon prior approval of the City Council. C. Findings for Approval. Before any density bonus and/or additional incentive is granted, the approving authority shall make the following findings: 1. The residential development is eligible for a density bonus and any concessions, incentives, waivers, modifications, or reduced parking standards requested. The residential development conforms to all standards for affordability included in this section. 3. Any requested incentive or concession will result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial analysis and documentation if required by Section 18.142.050. If a waiver or modification is requested, the applicant has shown that the imposition of the development standards sought to be waived or modified will have the effect of physically precluding the construction of the development at the densities or with the incentives or concessions otherwise permitted by this section. D. Findings for Denial — Concessions, Incentives, Waivers, Modifications. 1. Concessions or Incentives. The city may deny one or more requested concessions or incentives if, based on substantial evidence, the city makes either of the following findings: a. The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in 65915(c); or, b. The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65598.5(d)(2), upon public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rending the development unaffordable to very low, low, and moderate income households. 2. Waivers and Modifications. The city may deny one or more requested waivers or modifications if the city makes either of the following findings: a. The waiver or modification would have a specific adverse impact, as defined in Government Code Section 65598.5(d)(2), upon public health and safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or, The waiver or modification would have a specific adverse impact on any real property that is listed in the California Register of Historical Resources. E. Deed Covenant. Approval of a density bonus and/or additional incentive(s) pursuant to this chapter shall require the recordation of a deed covenant recorded against the property to ensure the target unit(s) is maintained for affordability for the time period required prior to Final Map recordation or prior to the issuance of a building permit, if no subdivision of property is involved. 2008-15 A - Code Amendment 18.142 Residential Density Bonus and Affordable 'lousing Incentives Page 4 of 6 F. Appeal Procedure. The decision of the Planning Commission to approve or deny a request for a density bonus, additional incentive(s), and/or waivers or modifications of development standards pursuant to this chapter may be appealed to the City Council pursuant to procedures for appeal of other discretionary permit applications that are concurrently considered, or 1 if no other discretionary permit applications are concurrently considered, the decision of the Planning Commission may be appealed pursuant to procedures specified in Chapter 18.116. 18.142.080 Density bonus housing agreement. A. Applicants/developers requesting a density bonus shall to enter into a Density Bonus Housing Agreement with the City. The terms of the draft agreement shall be approved by the Community Development Manager of the City's Community Development Department, Housing and Grants Division, unless CDC approval is otherwise required. B. Following execution of the agreement by all parties, the completed Density Bonus Housing Agreement, or memorandum thereof, shall be recorded with the County of San Diego Recorders Office and the conditions therefore filed and recorded on the parcel or parcels designated for construction of target units and a copy of the recorded document shall be provided to the City. Recordation of the agreement shall occur prior to recordation of a Final Map or— prior to issuance of building permits, whichever occurs first The Density Bonus Housing Agreement shall be binding to all future owners and successors in interest during the term of the agreement, unless rescinded by the city upon completion of terms of the agreement. C. The Density Bonus Housing Agreement shall include at least the following: 1. The total number of units approved for the housing development, including the number of target units. 2. A description of the household income group to be accommodated by the housing development, as outlined in Section 18.142.050 of this chapter, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost. 3. The location, unit sizes (square feet), and number of bedrooms of target units. 4. Tenure of use restrictions for target units of at least ten or thirty years, in accordance with Section 18.142.050 of this chapter. 5. A schedule for completion and occupancy of target units. 6. A description of the density bonus, additional incentive(s) or equivalent financial incentives being provided by the city. 7. A requirement to submit to the Community Development Manager of the Community Development Department for review and approval of an Affirmative Marketing Plan, which details the actions the developer/applicant shall wilt take to provide information and otherwise attract eligible persons to the available housing units without regard to race, sex, sexual orientation, marital status, familial status, color, religion, national origin, ancestry, handicap, age or any other category which may be defined by law now or in the future. 2008-15 A - Code Amendment 18.142 Residenzal Density Bonus and Affordah/e Housing Incentives Page 5 of 6 8. A description of remedies for breach of the agreement by either party. The city may identify tenants or qualified purchasers as third party beneficiaries under the agreement. 9. Other provisions to ensure implementation and compliance with this chapter. 10. Provision allowing payment of fee by applicant to the city to recover their administrative expenses. D. In the case of for -sale housing developments, the Density Bonus Housing Agreement shall provide for the following conditions governing the initial sale and use of target units during the applicable use restriction period: 1. Target units shall, upon initial sale, be sold to eligible very low, low, or moderate income households at an affordable sales price and housing cost, or to qualified residents (i.e., maintained as senior citizen housing) as defined by this chapter. Target units shall be initially owner -occupied by eligible very low, low, or moderate households, or by qualified residents in the case of senior citizen housing. 3. Target units, if later rented by the owner, shall be made available to eligible very low, low, or moderate income households at an affordable rent, or to qualified residents (i.e., senior citizens) as defined by this chapter. 4. The initial purchaser of each target unit shall execute an instrument or agreement approved by the city restricting the sale or rental of the target unit in accordance with this ordinance during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the target unit and shall contain such provisions as the city may require to ensure continued compliance with this chapter and the state density bonus law. E. In the case of rental housing developments, the Density Bonus Housing Agreement shall provide for the following conditions governing the use of target units during the use restriction period: 1. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining target units for qualified tenants; 2. Property owners shall be required to verify tenant incomes on an annual basis and maintain books and records to demonstrate compliance with this chapter. 3. Property owners shall be required to submit an annual report to the city, which includes the name, address, household size and income of each household occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit. Property owners shall be required to allow a city representative to inspect each unit annually at a minimum to ensure that units are being maintained to local Code and the Department of Housing and Urban Development (HUD) Housing Quality Standards. 2008-15 A -- Code Amendment 18.142 Residential Density Bonus and A/Jordable Housing Incentives Page 6 of 6 RECOMMENDED FINDINGS FOR APPROVAL 1. The proposed amendment is in the public interest and achieves implementation objectives of the General Plan policies, as the General Plan calls for adoption of density bonus regulations in conformance with state law and to develop housing incentives programs in conjunction with density bonus regulations (General Plan, 1 lousing Production Goal, pp 31). 2. The amendment will carry out General Plan Housing Element goal 24 (pp 6-17) to revise the City's Density Bonus Ordinance to achieve consistency with state law, to promote housing opportunities in the City for all income levels including lower income households, and to emphasize developing affordable housing for families in proportion to the needs of the community. Amendment to Chapter 18.142 (Case hie: 2008-15 A) 10 Page 1 of 1 RESOLUTION NO. 2-2009 A RESOLUTION OF THE PLANNING COMMISSION OF TI ll: CITY OF NATIONAL CTTY, CAI.IFORNIA, RECOMMENDING APPROVAL OF AMENDMENT TO CHAPTER 18.142 OF TIIE NATIONAL CITY MUNICIPAL CODE PERTAINING TO RESIDENTIAL. DENSITY BONUS AND AFFORDABLE: HOUSING INCENTIVES AND A PROPOSED NFGATVIE DECLARATION APPLICANT: CITY OF NATIONAL CII'Y. (.'ASE FILE NO. 2008-15 A WIIERFAS, pursuant to the terms and provisions of the State of California Government Code Section 65915-65918, proceedings were duly initiated for the amendment of the National City Municipal ('ode, Chapter 18.142; and, WHEREAS, the Planning Commission of the City of National (.'ity, California, considered said proposed amendment as reflected in Exhibit A (attached) at a duly advertised public hearing held on February 2, 2009, at which time the Planning Commission considered evidence; and, Wf IEREAS, at said public hearing the Planning Commission considered the staff report provided for Case File No. 2008-15 A, which is maintained by the City and incorporated herein by reference; along with any other evidence presented at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WIIEREAS, this action is taken in an effort to be compliant with applicable State; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, 13E IT RESOLVED by the City Planning Commission of the City of National City, California, that the evidence presented to the Planning Commission at the public hearing held on August 18, 2008, support the following findings: 11 RECOMMENDED FINDING FOR APPROVAL OF AN AMENDNIENT TO CHAPTER 18.142 OF THE LAND USE CODE 1. That the proposed amendment is in the public interest and is consistent with General Plan policies; as the General Plan calls for review of National City zoning and development ordinances to achieve implementation of General Plan programs and policies. 2. The amendment will carry out General Plan Housing Element policies to revise the City's Density Bonus Ordinance to achieve consistency with state law, to promote housing opportunities in the City for all income levels including lower income households, and to emphasize developing aftordahle housing for families in proportionate to the needs of the community. RECOMMENDED FINDINGS FOR APPROVAL OF NEGATIVE DECLARATION 1. That the Negative Declaration (2008-15 IS) has been read and considered together with any comments received during the public review process, and since no development is proposed and any future development shall be subject to further environmental analysis consistent with California Environmental Quality Act; 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 environment, since no development is proposed, and that the Negative Declaration reflects the City's independent judgment and analysis. BE IT FURTHER RESOLVED that based on the findings herein before stated, the Planning Commission hereby recommends approval of said proposed amendment for Council consideration and approval thereafter. BE IT FURTHER RESOLVED that the Planning Commission has considered the proposed Negative Declaration (2008-15 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 negative Declaration reflects the City's independent judgment and analysis, and hereby recommends approval of the proposed Negative Declaration. 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 February 2, 2009, by the following vote: AYES: NAYS: AI3SEN'I': ABSTAIN: Alvarado, Baca, Farias, I)ei,al'az, Pruitt, Reynolds. Flores CHAIRMAN 13 Exhibit A 18.142.010 Intent and purpose. The intent and purposes of this chapter are to: A. Implement the policies of the General Plan's Housing Element for developing affordable housing for households with very low, low, and moderate incomes. B. Encourage affordable housing units to be developed citywide and designed to be consistent with the surrounding neighborhood. C. Implement the provisions of State Government Code Section 65915. 18.142.020 Definitions. Whenever the following terms are used in this chapter, they shall have the meaning established below: A. "Additional incentives" means any regulatory concessions or incentives which would result in identifiable cost avoidance or reductions that are offered in addition to a density bonus, as also specified in California Government Code Subsections 65915 B. "Density bonus" means a density increase of up to thirty-five percent over the otherwise maximum residential density allowable by the applicable zoning designation, pursuant to State Government Code 65915, as amended from time to time. G. "Density bonus units" means those residential units granted pursuant to the provisions of this chapter that exceed the otherwise allowable maximum residential density for the development site. D. "Development standard" shall have the meaning given that term by Government Code Section 65915. E. "Financial Pro Forma" means a financial report for density bonus projects which shall include identifiable, financially sufficient, and actual cost reductions achieved through any requested incentives or concessions, as well as evidence that the cost reduction allows the developer to provide affordable rents or affordable sates prices. F "Housing development" for the purpose of this chapter means construction projects consisting of five (5) or more residential units, including single-family, multi -family, and mobile homes for sale or rent; G. "Lower income household" means households whose income is no more than 80 percent of the area median income of Diego County, as established and amended time to time by Section 8 of the United States Housing Act of 1937 pursuant to Section 50079.5 of the California Health and Safety Code. H. "Maximum residential density' means the maximum number of residential units permitted by the city's General Plan Land Use Element and Land Use Code at the time of application, excluding the provisions of this chapter. In calculating the required number of dwelling units affordable to moderate, lower, or very low income households, any decimal 2008- l 5 A - Code Amendment 18.142 Residen?rt* Density Bonus and Aff irdable !lousing Incentives Page 1 of 6 fraction resulting from the applicable percent of the total units shall be rounded to the next larger whole number. I. "Moderate income household" means households whose income does not exceed 120 percent of the area median income of San Diego County, as established and amended time to time by Section 8 of the United States Housing Act of 1937 pursuant to Section 50093 of the California Health and Safety Code. J. "Non -restricted unit" means all units within a housing development as defined in this chapter, excluding the target units. K `Target unit" means a dwelling unit within a housing development that will be reserved for sale or rent to, and affordable to, very low, of lowef, or moderate income households, or qualifying residents. L. "Very low income household" means households whose income is no more than 50% of the area median income of San Diego County, as established and amended time to time by Section 8 of the United States Housing Act of 1937, pursuant to Section 50105 of the California Health and Safety Code. (Ord. 2194 § 5 (part)) 18.142.030 Density bonus. A. In applications for projects meeting the minimum threshold of five (5) units or more, the density bonus provisions set forth in Government Code Section 65915, as amended from time to time, shall apply. B. It is the intent of this section to ensure that all projects applying for the concessions and incentives of this section provide for affordable housing units that are comparable in size, design, and quality to the market units in the same project. The Planning Director, unless otherwise specified, shall have the discretion and authority to enforce this provision during the application process. 18.142.050 Concessions, incentives, and development standards and ►teria. In applications for projects meeting the minimum threshold of five (5) units or more, concessions and incentives including reductions in site development standards, modifications of zoning code or architectural design requirements, and other incentives or concessions defined in Government Code Section 65915(1) may be requested, consistent with the parameters enumerated below 1. Concessions and incentives. The applicant shall provide a financial pro forma demonstrating to the city that the requested concession or incentive results in identifiable, financially sufficient, and actual cost reductions to the project pursuant to California Government Code Section 65915(1)(1). 2. Development Standards. Applicants may seek a waiver or modification of development standards that will have the effect of precluding the construction of a residential development meeting the criteria of Government Code Section 65915 at the densities or with the incentives or concessions permitted by that section. 3. Nothing in this section requires the city to provide direct financial incentives for the residential development, including but not limited to the provision of publicly owned land, waiver of fees, off -site improvements, or dedication requirements. 2008-15 A - Code Amendment 18.142 Resident cr! Density Bonus and Affordable !lousing Incentives Page 2 of 6 18.142.060 Application requirements and review. A. Application Conference. Prior to submitting an application, an applicant proposing a housing development pursuant to this section shall schedule a pre -application conference with appropriate Planning and Housing Division staff A PreApplication conference materials should contain the following information: 1. A brief description of the proposed development, including at a minimum the total number of units; total number of target units and total number of density bonus units proposed. 2. The combined general plan/zoning designations and assessor parcel number(s) of the project site. 3. A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway and parking layout. 4. If an additional incentive(s) is requested, the application should describe why the additional incentive(s) is necessary to ensure affordability of the target units and density bonus units proposed; 5. The developer/applicant should also submit the project pro -forma, outlining revenue sources, expenses, and projected profit. 8. Application/Processing. Requests for a density bonus and/or additional incentive(s) pursuant to this chapter, shall be submitted to the Planning Division: and processed pursuant to procedures in Chapter 18.116 for approval of a conditional use permit and concurrently with any other application(s) required for the development..- In addition, applications shall include the following: 1. A description of any requested density bonuses, incentives, concessions, waivers or modifications of development standards, or modified parking standards. 2. Identification of all affordable units qualifying for the project for a density bonus, and level of affordability of all affordable units. 3. For all incentives and concessions, a financial pro forma demonstrating that the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions is required. 4. For waivers or modifications of development standards: evidence that the imposition of the development standards for which a waiver is requested will have the effect of precluding the construction of the residential development at the densities or with the incentives or concessions permitted by Government Code.Section 65915. 5. Any financial pro forma submitted to comply with this section may not include the lost opportunity cost of any affordable units (i.e., the revenue that would have been generated had the units been rented or sold at market rate) and may include as an additional cost only those additional expenses that are required solely because of the proposed construction of the affordable units. The pro forma shalt also include: (a) the actual cost reduction achieved through the incentive or concession; and (b) evidence that the cost reduction allows the developer to provide affordable rents or affordable sales prices. 6. The city may retain a consultant to review the financial report (pro forma). The cost of the consultant shall be borne by the applicant with the following exception: if the 2008-15 A - Code Amendment 18.1.12 Residentiik Density Bonus and Affordable Housing Incentives Page 3 of 6 applicant is a non profit organization, the cost of the consultant may be paid by the city upon prior approval of the City Council. C. Findings for Approval. Before any density bonus and/or additional incentive is granted, the approving authority shall make the following findings: 1. The residential development is eligible for a density bonus and any concessions, incentives, waivers, modifications, or reduced parking standards requested. 2. The residential development conforms to all standards for affordability included in this section. 3. Any requested incentive or concession will result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial analysis and documentation if required by Section 18.142.050. If a waiver or modification is requested, the applicant has shown that the imposition of the development standards sought to be waived or modified will have the effect of physically precluding the construction of the development at the densities or with the incentives or concessions otherwise permitted by this section. D. Findings for Denial -- Concessions, Incentives, Waivers, Modifications. 1. Concessions or Incentives. The city may deny one or more requested concessions or incentives if, based on substantial evidence, the city makes either of the following findings: a. The concession or incentive is not required in order to provide for affordabte housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in 65915(c); or, b. The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65598.5(d)(2), upon public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rending the development unaffordable to very low, low, and moderate income households. 2_ Waivers and Modifications. The city may deny one or more requested waivers or modifications if the city makes either of the following findings: a. The waiver or modification would have a specific adverse impact, as defined in Government Code Section 65598.5(d)(2), upon public health and safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or, b. The waiver or modification would have a specific adverse impact on any real property that is listed in the California Register of Historical Resources. E. Deed Covenant. Approval of a density bonus and/or additional incentive(s) pursuant to this chapter shall require the recordation of a deed covenant recorded against the property to ensure the target unit(s) is maintained for affordability for the time period required prior to Final Map recordation or prior to the issuance of a building permit, if no subdivision of property is involved. 200X-15 A - Code Amendment 18.142 Resident ai Density Bonus and , t fordable (lousing Incentives Page 4 o16 F. Appeal Procedure. The decision of the Planning Commission to approve or deny a request for a density bonus, additional incentive(s), and/or waivers or modifications of development standards pursuant to this chapter may be appealed to the City Council pursuant to procedures for appeal of other discretionary permit applications that are concurrently considered, or 4 if no other discretionary permit applications are concurrently considered, the decision of the Planning Commission may be appealed pursuant to procedures specified in Chapter 18.116. 18.142.080 Density bonus housing agreement. A. Applicants/developers requesting a density bonus shall to enter into a Density Bonus Housing Agreement with the City. The terms of the draft agreement shall be approved by the Community Development Manager of the City's Community Development Department, Housing and Grants Division, unless CDC approval is otherwise required. B. Following execution of the agreement by all parties, the completed Density Bonus Housing Agreement, or memorandum thereof, shall be recorded with the County of San Diego Recorders Office and the conditions therefrom filed and recorded on the parcel or parcels designated for construction of target units and a copy of the recorded document shall be provided to the City. Recordation of the agreement shall occur prior to recordation of a Final Map or— prior to issuance of building permits, whichever occurs first The Density Bonus Housing Agreement shall be binding to all future owners and successors in interest during the term of the agreement, unless rescinded by the city upon completion of terms of the agreement. C. The Density Bonus Housing Agreement shall include at least the following: 1. The total number of units approved for the housing development, including the number of target units. 2. A description of the household income group to be accommodated by the housing development, as outlined in Section 18.142.050 of this chapter, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost. 3. The location, unit sizes (square feet), and number of bedrooms of target units. 4. Tenure of use restrictions for target units of at least ten or thirty years, in accordance with Section 18.142.050 of this chapter. 5. A schedule for completion and occupancy of target units. 6. A description of the density bonus, additional incentive(s) or equivalent financial incentives being provided by the city. 7. A requirement to submit to the Community Development Manager of the Community Development Department for review and approval of an Affirmative Marketing Plan, which details the actions the developer/applicant shall Witt take to provide information and otherwise attract eligible persons to the available housing units without regard to race, sex, sexual orientation, marital status, familial status, color, religion, national origin, ancestry, handicap, age or any other category which may be defined by law now or in the future. 2008-15 A - Code Amendment 18.142 Residentidl)ensity Bonus and Affordable !lousing Incentives Page 5 of 6 8. A description of remedies for breach of the agreement by either party. The city may identify tenants or qualified purchasers as third party beneficiaries under the agreement. 9. Other provisions to ensure implementation and compliance with this chapter. 10. Provision allowing payment of fee by applicant to the city to recover their administrative expenses. D. In the case of for -sale housing developments, the Density Bonus Housing Agreement shall provide for the following conditions governing the initial sale and use of target units during the applicable use restriction period: 1. Target units shall, upon initial sale, be sold to eligible very low, low, or moderate income households at an affordable sales price and housing cost, or to qualified residents (i.e., maintained as senior citizen housing) as defined by this chapter. 2. Target units shall be initially owner -occupied by eligible very low, low, or moderate households, or by qualified residents in the case of senior citizen housing. 3. Target units, if later rented by the owner, shall be made available to eligible very low, low, or moderate income households at an affordable rent, or to qualified residents (i.e., senior citizens) as defined by this chapter. 4. The initial purchaser of each target unit shalt execute an instrument or agreement approved by the city restricting the sale or rental of the target unit in accordance with this ordinance during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the target unit and shall contain such provisions as the city may require to ensure continued compliance with this chapter and the state density bonus law. E. In the case of rental housing developments, the Density Bonus Housing Agreement shall provide for the following conditions governing the use of target units during the use restriction period: 1. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining target units for qualified tenants; 2. Property owners shall be required to verify tenant incomes on an annual basis and maintain books and records to demonstrate compliance with this chapter. 3. Property owners shall be required to submit an annual report to the city, which includes the name, address, household size and income of each household occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit. 4. Property owners shall be required to allow a city representative to inspect each unit annually at a minimum to ensure that units are being maintained to local Code and the Department of Housing and Urban Development (HUD) Housing Quality Standards. 2008- t 5 A Code Amendment 11i. l42 Residentta? Density Bonus and Affordable !lousing Incentives es Page 6 of 6 CALIF ►RI 1 NV (33 [IWENTAL :+ IJALITY ACT (CEQA) 'IAL STUDY CI-ECKLIST 'ITY OF NATIONAL CITY laruu and Buildmng;Department, 1243' National City Boulevard:; National City, CA 91950 1. PROJECT TITLE/PROJECT #: 2. LEAD AGENCY: Contact: Phone: 3. PROJECT LOCATION: 4. PROJECT PROPONENT: 5. GENERAL PLAN/ ZONING DESIGNATION: Amendment to Title 18 (Land Use Code), Chapter 18.142 Residential Density Bonus and Affordable Housing Incentives, Project No. 2008-15 A, IS City of National City Planning Division 1243 National City Boulevard National City, CA 91950 Angela Reeder, Associate Planner (619) 336-4310 All residential developments within the City of National City City of National City City-wide 6. PROJECT DESCRIPTION: The proposed project is an amendment to National City Land Use Code, specifically Section 18.142 Residential Density Bonus and Affordable Housing Incentives. The Statewide Density Bonus law (Government Code Section 65915-65918) is intended to encourage developers to build affordable housing by requiring local governments to provide incentives to do so. The law requires each city adopt an ordinance to specify how residential density bonuses and related development incentives shall be granted. As a result of past changes in state law, the current City Municipal Code section needs to be updated; therefore, the amendment is intended to bring the ordinance into compliance with the current version of Government Code Section 65915-65918. The proposed amendment would provide up to a 35% density bonus for projects with an affordable component, in order to bring the ordinance into conformance with State law. It would also add provisions for density bonus opportunities in projects with less than five units. 7. SURROUNDING LAND USES AND SETTING: Although the ordinance would primarily involve the creation of affordable units within multi -family zones, the requirements also apply to single- family development and multi -family development within certain commercial zones. 20 Initial Study - Page 2 of 15 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. ❑ Aesthetics ❑ I3iological Resources ❑ Geological Problems O Land Use / Planning ❑ Public Services ❑ Utilities & Service Systems ❑ Agriculture ❑ Cultural Resources ❑ llazards & hazardous Materials O Noise O Recreation ❑ Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this Initial Evaluation: ❑ Air Quality ❑ Energy & Mineral Resources ❑ Hydrology /Water Quality ❑ Population / housing ❑ Transportation/Circulation 1 find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 1 find that although the proposed project could have a significant effect on the environment, there will not he a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED 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 effect(s) on the environment, but at least one effect (I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on 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. El CI Signature Date -1/1 D Printed Name: Angela Reeder, AICP Title: Associate Planner 21 Initial Study - Page 3 of 15 EVALUATION OF ENVIRONMENTAL IMPACTS: I. 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 "No 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 operational 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 evidence than an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. "Negative Declaration: Less than Significant w/ Mitigation Incorporated" applied where the incorporation of a mitigation measure has reduced an effect from "Potentially Significant Impact" to "Less 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)(D). 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 or outside document should, where appropriate, include a reference to the page or pages where the statement 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 h) The mitigation measure identified, if any, to reduce the impact to less than significance. 22 Initial Study - Page 4 of 15 ISSUES with Supporting Documentation & Sources 1. AESTHETICS - Would the project: a) Ilave a substantial adverse effect on a scenic vista? (Sources: 1, 2, 3, 4) b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Sources: 1, 2, 3, 4) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Sources: 1, 2, 3, 4) d) Create a new source of substantial light or glare which would adversely affect day or nighttime Views in the arca? (Sources: 1,2,3,4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation Li X 1.1 C_ I L X L X Projects subject to this ordinance would still follow the National City Municipal Code, Land Use Code, and Design Guidelines with regard to building design, aesthetics, and glare limitations. The Code and Design Guidelines address site design and include requirements for the aesthetic treatment of homes and accessory buildings. Also, affordable units that are built within market rate projects are required to have the same or similar exterior appearance as the market rate units and be consistent with the Land Use Code and Design Guidelines. Any discretionary project would be required to be reviewed under CEQA as appropriate. Thus, the amendment would avoid or result in less than significant aesthetic impacts with the implementation of the City's adopted design review policies. II. AGRICULTURE RESOURCES -- In determining whether impacts to agricultural resources are 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 non- agricultural use? (Sources: 1, 2, 3, 4) h) Conflict with existing zoning for agricultural use, or a Potentially Less'rhan less Than No Significant Significant w/ Significant Impact impact Mitigation Impact Incorporation IJ LI L .! x 23 Initial Study - Pagc 5 of 15 Williamson Act contract? (Sources: 1, 2, 3, 4) 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? (Sources: 1, 2, 3, 4) L] U LI x The City of National City does not contain farmland or agricultural resources, nor any land zoned for agricultural use. As such, adopting this ordinance will have no impact on such lands or resources. 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? (Sources: 1, 2, 3, 4) b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (Sources: 1, 2, 3, 4) 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)? (Sources: 1, 2, 3, 4) d) Expose sensitive receptors to substantial pollutant concentrations? (Sources: 1, 2, 3, 4) e) Create objectionable odors affecting a substantial number of people? (Sources: 1, 2, 3, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation IJ LI x x LI x LI LJ LI x The County of San Diego and National City are in attainment for all California Clean Air Act (CCAA) pollutants with the exception of ozone. Adopting this ordinance will not conflict with or obstruct the implementation of the San Diego County Regional Air Quality Strategy (RAQS) to manage air quality in our region. The ordinance will not directly result in the creation of additional units; however, greater densities will be permitted in certain cases. In those cases, densities will not exceed the total planned for in the General Plan. In addition, each project will also be required to undergo the appropriate CEQA review at the time of project approval. IV. BIOLOGICAL RESOURCES - Would the project: a) 1lavc 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, Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation 1_1 11i I_.i x 24 Initial Study - Page 6 of 15 policies, or regulations, or by the California Department of Fish and Game (CDBG) or U.S. Fish and Wildlife Service? (Sources: 1, 4) b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game (CDFG) or US Fish and Wildlife Service? (Sources: 1, 4) c) IIave 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 pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (Sources: 1, 4) 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? (Sources: 1, 4) e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? (Sources: 1, 4) f) Conflict with the provisions of an adopted habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (Sources: I, 4) L..I The City of National City is considered an urbanized region, with little habitat area for special status or sensitive plants and animals. While there arc sites in the City that may contain biological resources, the proposed ordinance does not permit a specific development, but rather allows for the potential of additional residential density in areas already designated in the General Plan for housing. As such, it will not result in increased impacts to such resources. In addition, all projects subject to the ordinance will also be required to follow the requirements of C'EQA, including all appropriate reviews. V. CULTURAL RESOURCES Would the project: Potentially less Than less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Cause a substantial adverse change in the significance of a 1 X historical resource as defined in Section 15064.5? (Sources: 1, 4) b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? (Sources: 1, 4) [ [ , L. I X c) Directly or indirectly destroy a unique paleontological resource I L i X or site or unique geologic feature? (Sources: 1, 4) d) Disturb any human remains, including those interred outside of 1J i_I 1j X formal cemeteries? (Sources: 1, 4) 25 Initial Study - Page 7 of 15 The proposed ordinance would not increase the developable areas within the City. There are no known sites or areas within the City with archaeological or paleontological resources. Although there are some sites identified in the City's Historic Properties List, none are specifically identified for development under the ordinance. Also, each development under the ordinance would undergo CEQA review, as required under State law. 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 42. (Sources: 1, 4) ii) Strong seismic ground shaking? (Sources: 1, 4) iii) Seismic -related ground failure, including liquefaction? (Sources: 1, 4) iv) Landslides? (Sources: 1, 4) b) Result in substantial soil erosion or the loss of topsoil? (Sources: 1, 4) c) 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? (Sources: 1, 4) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Sources: I, 4) 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? (Sources: 1, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation x The Rose Canyon Fault (a concealed fault) lies 2-3 kilometers to the north of the City. This ordinance will not expose people or property to geologic hazards such as earthquakes, landslides, or similar hazards to any extent greater than any existing ordinance for residential development would allow. The Flood Map identifies 100 year flood zones (Zones A, AE, and AO) within portions of the City adjacent to Paradise Creek and the Sweetwater River. These are areas include 100 year floods at various depths. However, the majority of the city is in Zone X, which is identified as a 500 year floodplain. The proposed ordinance does not permit a specific project, but rather updates the regulations when dealing with affordable projects. Also, all projects would be required to comply National City Code requirements as well as undergo the appropriate CEQA review. 26 Initial Study - Page 8 of 15 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? (Sources: 1, 4) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Sources: 1, 4) c) - Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Sources: 1, 4) 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? (Sources: I , 4) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (Sources: 1. 4) 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 arca? (Sources: 1, 4) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Sources: I , 4) h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands arc adjacent to urbanized areas or where residences are intermixed with wildlands? (Sources: 1, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation 1 1 1 .11 x Cl 11 1_I x U Li Il x [J x The proposed ordinance will not result in a release of hazardous materials or other hazardous conditions. It will also not result in exposure to wildfire risk. While there are sites within the City that arc within 1 mile of a school or listed on the State Hazardous Waste and Substances Site list, this ordinance will not result in increased exposure to such hazards. All projects subject to the ordinances will follow the requirements of CEQA, including appropriate review. VIII. HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards or waste discharge requirements'? (Sources: I, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation (J x 27 Initial Study - Page 9 of 15 b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of 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 for which permits have been granted)? (Sources: 1, 4) 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'? (Sources: 1, 4) 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? (Sources: 1, 4) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Sources: 1, 4) f) Otherwise substantially degrade water quality? (Sources: I , 4) 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? (Sources: 1, 4) h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? (Sources: 1, 4) 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? (Sources: 1, 4) j) Inundation by seiche, tsunami, or mudflow? (Sources: 1, 4) Cl CI C1 L' [J x U IJ x The ordinance would not prevent any projects from complying with Code requirements for drainage and surface runoff concerns. There are areas within the City that are within the 100 year floodplain, but these sites would be required to undergo the appropriate CEQA review before development that might be subject to this ordinance. The majority of the City is Zone X, which is identified as a 500 year floodplain. Construction of any and all units is required to meet applicable building codes for construction and seismic safety and for construction within flood hazard areas. IX. LAND USE & PLANNING Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Physically divide an established community? (Sources: 1, 2, 3, 4> Li (1 U x h) Conflict with any applicable land use plan, policy, or regulation x of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal 28 Initial Study - Page 10 of 15 program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Sources: 1, 2, 3, 4) The proposed ordinance would not physically divide an established community nor conflict with any established land use plans. The ordinance allows for residential development in any areas which already permit residential development. This ordinance is intended to implement goals of the General Plan and Ilousing Element for affordable housing, as well as codify existing State law. The proposed ordinance would encourage affordable housing construction projects as identified in the goals of the Housing Element, and would further the City's attainment of its Regional Ilousing Needs Analysis (RHNA) as identified by SANDAG. 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? (Sources: I, 4) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Sources: 1, 4) Potentially Less Than less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation I I Li I_1 x Li IJ L.I x The proposed ordinance will not cause an unavailability loss of mineral resources, as no mineral resources are known to exist within the city. In addition, any development subject to the ordinance would be required to undergo the appropriate CEQA review before development. 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? (Sources: 1, 2, 3, 4) b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? (Sources: 1, 2, 3, 4) c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? (Sources: 1, 4) d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Sources: 1, 2, 3, 4) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Sources: 1, 2, 3, 4) f) For a project within the vicinity of a private airstrip, would the project Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation Ij L I_J I I x 29 Initial Study - Page 11 of 15 expose people residing or working in the project area to excessive noise levels? (Sources: I, 2, 3, 4) x Adoption and implementation of the proposed ordinance would not expose people to noise levels in excess of established codes. Construction of any housing units would be required to meet applicable building codes to reduce noise levels and if within a noise contour of the city, the applicant would able required to prepare a noise analysis to ensure the residential unit(s) meet the City's Noise Ordinance (Title 12 of the Municipal Code). All projects would be subject to the National City Municipal Code and would undergo the appropriate environmental review prior to approval and the start of construction. In addition, there are no areas within the city that arc within two miles of an airport. 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)? (Sources: 1, 2, 3, 4) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Sources: 1,2,3,4) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Sources: 1, 2, 3, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation I__1 L 1 J x I_ I LI L x LI L [I x Although the ordinance will offer density incentives for providing on -site affordable units under certain circumstances, it will not induce substantial population growth. This ordinance amendment will be another tool for achieving the City's affordable housing goals as defined in the dousing Element (Housing Goals 3 and 4) and will not cause the displacement of existing housing. XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts 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? (Sources: 1, 4) Police protection? (Sources: I, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation I.J [1 LI x 30 Initial Study - Page 12 of 15 Schools? (Sources: 1, 4) Parks? (Sources: 1, 4) Other public facilities? (Sources: 1, 4) L..' LI LI x L:.1 CJ LI x I ; I 1 I._) x The City has projected a certain amount of build -out, including housing at both market and affordable rates. This ordinance will serve to meet those General Plan 2005-2010 Housing Element goals, not itnpact the City beyond its project build -out. Each project will also be subject to National City Municipal Code and any applicable state codes with regard to the payment of the development's fair share of impact fees. 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? (Sources: 1, 2, 3, 4) b) 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? (Sources: 1,2,3,4) Potentially Less Than. Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation l .j f ' L.1 I7 x {J x The ordinance will not impact recreational facilities. Each development subject to the ordinance will also he subject to the National City Municipal Code regarding the provision of amenities where necessary for residents. Minor deviations in amenities will be permitted only when it is appropriate for the development, and this will not have a significant impact on recreational services. The city currently meets the amount of open space/parkland for each resident and the anticipated projected increase of residents would not be expected to exceed the General Plan ratio of 4 3/e acres of park and open space to 1,000 residents. 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 volume to capacity ratio on roads, or congestion at intersections)? (Sources: 1, 2, 3, 4) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Sources: 1, 2, 3, 4) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Sources: 1, 2, 3, 4) Potentially Less Than I,ess Than No Significant Significant w/ Significant Impact Impact Mitigation Impact 1 ncorporation LI 31 Initial Study - Page 13 of 15 d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Sources: I , 2, 3, 4) e) Result in inadequate emergency access? (Sources: 1, 2, 3, 4) f) Result in inadequate parking capacity? (Sources: 1, 2, 3, 4) g) Conflict with adopted policies plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Sources: 1, 2, 3, 4) x Li 11_1 L l x LJ ❑ H x U LI 11 x The ordinance will not effect circulation patterns or impede the City in meeting its level of service goals. The ordinance will not result in unanticipated development, but rather will put certain requirements upon expected development; i.e., development opportunities that have been identified in the land use and housing elements of the General Plan. In addition, development proposed subject to the ordinance would be subject to the National City Municipal Code and would undergo the appropriate environmental review prior to approval and construction. Since the City is considered built -out, generally development that occurs pursuant to this ordinance would be infill or redevelopment. Redevelopment would essentially replace existing structures with new residential development and would no substantially increase traffic or change traffic patterns. XVI. UTILITIES & SERVICE SYSTEMS Would the project: Potentially Significant Impact a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (Sources: I, 4) 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? (Sources: 1, 4) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Sources: 1, 4) d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (Sources: 1, 4) c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (Sources: 1, 4) f) 13e served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (Sources: I, 4) Less Than Less Than No Significant w/ Significant Impact Mitigation Impact Incorporation 32 Initial Study - Page 14 of 15 g) Comply with federal, state, and local statutes and regulations related to solid waste? (Sources: 1, 4) The ordinance will not produce significant increases in demand for wastewater or stormwater infrastructure of facilities. Any projects subject to the ordinance will follow the appropriate CEQA review, including a review to determine adequate service availability of appropriate fees to accommodate such services. Project subject to the ordinance may have increased densities, as is permitted by the State; however, the potential amount of new units is within the amounts identified in the General Plan Housing Element. XVII. MANDATORY FINDINGS of SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? (Sources: 1, 4) b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? (Sources: 1, 4) c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? (Sources: 1, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation U II I__1 x I.J Li x No significant impacts to the environment as a result of this project have been identified. Adopting or implementing this ordinance will not have an affect on animal or plant life, eliminate examples of California history, or have a substantial adverse effect on human beings, either directly or indirectly. Cumulative impacts of residential development, whether market rate or affordable, are considered in the City's General Plan and the City is prepared to accept the development anticipated. 33 Initial Study - Page 15 of 15 REFERENCE SOURCES: Reference # Document Title Available for Review at: National City Planning Division 1 National City General Plan 1243 National City Boulevard National City, CA 91950 2 City of National City Municipal Code National City Planning Division 3 City of National City Design Guidelines National City Planning Division 4 Environmental Assessment Form for project National City Planning Division 34 City of National City, California CITY COUNCIL AGENDA STATEMENT 20 AEETING DATE February 17, 2009 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADJUSTING THE COMPENSATION OF THE CITY MANAGER TO PROVIDE THAT THE CITY MANAGER SHALL PAY TWO PERCENT OF THE PERS EMPLOYER -PAID MEMBER CONTRIBUTION FOR THAT POSITION PREPARED BY EXPLANATION George H. Eiser, III f>411 DEPARTMENT (Ext. 4221) I" City Attorney The proposed resolution would provide that the City Manager shall pay 2% of the PERS employer -paid member contribution for that position.. All other items of compensation (e.g. salary, housing, cafeteria health benefit, vacation accruals) would remain as established by the Employment Agreement with the City Manager, originally entered into on January 20, 2004, and as most recently amended on May 20, 2008. Environmental Review .1 N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. LResolution A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADJUSTING THE COMPENSATION OF THE CITY MANAGER TO PROVIDE THAT THE CITY MANAGER SHALL PAY TWO PERCENT OF THE PERS EMPLOYER -PAID MEMBER CONTRIBUTION FOR THAT POSITION BE IT RESOLVED by the City Council of the City of National City as follows: Section 1. That the City Manager shall pay two percent of the PERS employer -paid member contribution for that position. Section 2. That all other items of the City Manager's compensation shall remain as established pursuant to the Employment Agreement with the City Manager, originally entered into on January 20, 2004, and as most recently amended on May 20, 2008. Section 3. That this resolution shall be effective beginning the first pay period after its adoption. PASSED and ADOPTED this 17th day of February, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE February 17, 2009 AGENDA ITEM NO. 21 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADJUSTING THE COMPENSATION OF THE CITY ATTORNEY BY ESTABLISHING THE SALARY AND ELIMINATING THE CAR ALLOWANCE FOR THAT POSITION, AND PROVIDING THAT THE CITY ATTORNEY SHALL PAY TWO PERCENT OF THE PERS EMPLOYER -PAID MEMBER CONTRIBUTION FOR THAT POSITION PREPARED BY George H. Eiser, III (Ext. 4221) EXPLANATION DEPARTMENT City Attorney The proposed resolution would eliminate the $750 per month car allowance currently received by the City Attorney, and provide for a 2% salary increase for the position to $7,690.00 per pay period. The resolution would also provide that the City Attorney shall pay 2% of the PERS employer -paid member contribution for that position.. All other items of compensation (e.g. cafeteria health benefit, vacation accruals) would remain as established in August, 2002, pursuant to Resolution No. 2002-109. Environmental Review J N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. LResolution A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADJUSTING THE COMPENSATION OF THE CITY ATTORNEY BY ESTABLISHING THE SALARY AND ELIMINATING THE CAR ALLOWANCE FOR THAT POSITION, AND PROVIDING THAT THE CITY ATTORNEY SHALL PAY TWO PERCENT OF THE PERS EMPLOYER -PAID MEMBER CONTRIBUTION FOR THAT POSITION BE IT RESOLVED by the City Council of the City of National City as follows: Section 1. pay period. That the salary of the City Attorney is hereby established at $7,690.00 per Section 2. That the car allowance of the City Attorney is hereby eliminated. Section 3. That the City Attorney shall pay two percent of the PERS employer -paid member contribution for that position. Section 4. That all other items of the City Attorney's compensation shall remain as established pursuant to Resolution 2002-109. Section 5. That this resolution shall be effective beginning the first pay period after its adoption. PASSED and ADOPTED this 17th day of February, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT 9ETING DATES February 17, 2009 AGENDA ITEM NO. 22 ITEM TITLE Resolution of the City Council approving the total allocation of $240,000 to the Boys & Girls Clubs of Greater San Diego, Inc. formerly known as the Boys & Girls Clubs of National City, Inc. PREPARED BY Leslie Deese DEPARTMENT Asst. City Manager (336-4240) City Manager's Office EXPLANATION Please see attached report. Environmental Review ✓ N/A Financial Statement N/A Account No. STAFF RECOMMENDATION In accordance with the City Council's action on June 10, 2008 staff recom- mends the Council consider the appropriation of the remaining $120,000, to the Boys & Girls Clubs of Greater San Diego, Inc. at the rate of $20,000 per month to be paid quarterly in January and April, 2009. The proposed resolution would memorialize the City Council's approval of the total allocation of $240,000 BOARD / COMMISSION RECOMMENDATION to the Boys & Girls Clubs of Greater San Diego, Inc. N/A ATTACHMENTS ( Listed Below) Resolution No. Staff Report Preliminary Budget Workshop Minutes dated June 10, 2008 Resolution A-200 (9/80) Attachment — Resolution of the City Council approving the total allocation of $240,000 to the Boys & Girls Clubs of Greater San Diego, Inc. formerly known as the Boys & Girls Clubs of National City, Inc. The purpose of this report is to ask the City Council to adopt a Resolution memorial- izing approval of the total allocation of $240,000 to the Boys & Girls Clubs of Greater San Diego, Inc. formerly known as the Boys & Girls Clubs of National City, Inc. Explanation: During the 2008-09 Budget Workshop held on June 10, the City Council approved the allocation of $240,000 to the Boys & Girls Clubs of National City, Inc., which has since officially merged with the Boys & Girls Clubs of Greater San Diego, Inc.. By minute action, the City Council directed that (a) staff include in the 2008-09 Prelimi- nary Budget $20,000 per month for the Boys & Girls Clubs to be paid quarterly in July and October, 2008; (b) that the Boys & Girls Clubs prepare a business plan; and (c) funding to be re-evaluated after the November 2008 election. Mr. Danny Sherlock, Executive Director of Boys & Girls Clubs of Greater San Diego, Inc. is scheduled to present the Business Plan to the City Council on February 17, 2009. Staff Recommendation: To date, the City has issued the first two quarter payments totaling $120,000. In ac- cordance with the City Council's action on June 10, 2008 staff recommends the Council consider the appropriation of the remaining $120,000, to the Boys & Girls Clubs of Greater San Diego, Inc. at the rate of $20,000 per month to be paid quar- terly in January and April, 2009. The proposed resolution would memorialize the City Council's approval of the total allocation of $240,000 to the Boys & Girls Clubs of Greater San Diego, Inc. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE TOTAL ALLOCATION OF $240,000 TO THE BOYS AND GIRLS CLUBS OF GREATER SAN DIEGO, INC., FORMERLY OPERATING IN NATIONAL CITY AS THE BOYS AND GIRLS CLUBS OF NATIONAL CITY INC. WHEREAS, during the 2008-09 Budget Workshop held on June 10, 2008, the City Council approved the allocation of $240,000 to the Boys and Girls Clubs of National City, Inc., which has since officially merged with the Boys and Girls Clubs of Greater San Diego, Inc. By minute action, the City Council directed that (a) staff include in the 2008-09 Preliminary Budget $20,000 per month for the Boys and Girls Clubs of National City, Inc., to be paid quarterly in July and October, 2008; (b) that the Boys and Girls Clubs of National City, Inc., prepare a business plan; and (c) funding to be re- evaluated after the November 2008 election; and WHEREAS, Danny Sherlock, Executive Director of Boys and Girls Clubs of Greater San Diego, Inc., presented the business plan to the City Council on February 17, 2009; and WHEREAS, to date, the City has disbursed the first two quarterly payments totaling $120,000 to the Boys and Girls Clubs of National City, Inc., in accordance with the Council's action on June 10, 2008. Staff has recommended that the City Council approve the disbursement of the remaining $120,000, to the Boys and Girls Clubs of Greater San Diego, Inc., at the rate of $20,000 per month to be paid quarterly in January and April, 2009. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the total allocation of $240,000 to the Boys and Girls Clubs of Greater San Diego, Inc., $120,000 of which has already been disbursed to the Boys and Girls Clubs of National City, Inc., and approves the disbursement of the remaining $120,000 to the Boys and Girls Clubs of Greater San Diego, Inc., at the rate of $20,000 per month to be paid quarterly in January and April, 2009. PASSED and ADOPTED this 17th day of February, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney (Page 1 of 1) Book 90 / Page 125 06-10-2008 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION (BUDGET WORKSHOP) OF NATIONAL CITY, CALIFORNIA June 10, 2008 The Adjourned Regular Meeting of the City Council and Community Development Commission of National City was called to order at 6:05 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Commission members present: Morrison, Natividad, Pans, Ungab, Zarate. Administrative Officials present: Babaki, Baker, Dalla, Deese, Duong, Eiser, Garcia, Gonzales, Hodges, Juniel, Ladrido, Post, Raulston, Smith, Stevenson, Williams, Zapata. Others present: City Treasurer George Hood. CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION 1. SUBJECT: Presentation and Request by the Boys & Girls Club of National City for Financial Support in the Amount of S250,000. TESTIMONY: Attie Pruitt, Boys & Girls Club President and Johanna Gordy, Boys & Girls Club Representative, made a presentation and requested financial support in the amount of $250,000. ACTION: Action was deferred until after the Budget presentation by the staff. SUBJECT: Review of City Manager's Proposed FY 2008-2009 Preliminary Budget for City and Community Development Commission — City Council Finance Committee. STAFF PRESENTATION: City Manager Chris Zapata reviewed the project and budget highlights, Finance Director Jeanette Ladrido the City's financial condition and proposed CIP budget, CDC Executive Director Brad Raulston review the CDC Budget and Assistant City Manager Leslie Deese highlighted individual departmental budgets. Copy of presentation on file in the Office of the City Clerk. (See attached Exhibit 'A') TESTIMONY: None. (Page 1 of 1) Book 90 / Page 126 08-18-2008 2. SUBJECT: Review of City Manager's Proposed FY 2008-2009 Preliminary Budget (continued). ACTION: Motion by Parra, to approve $20.000 Per month payments in the new budget for the Bovs & Girls Club. Died for lack of a second, Mayor Morrison suggested that payments be made quarterly. Motion by Natividad, to approve $50.000 for the Community Youth Athletic Association. Motion died for lack of a second. Motion by Natividad, !o approve $15.000 for the teen center at Casa Salud. Motion died for lack of a second. Motion by Natividad, 10 approve $5.000 for both Senior Center (Roux. Motion died for lack of a second. Motion by Natividad, to approve $1.000 for every youth baseball and aids softball league. Motion died for lack of a second. Motion by Parra, second by Zarate, to direct staff to include in the preliminary budget $20.000 per month for the Bovs and Girls club 10 be paid ouarterly: Boys & Girls Club Board to prepare a business plan with funding to be re-evaluated after the November election. Member Zarate requested clarification on the motion and if the amount was sufficient. Mayor Morrison clarified that the $20.000 is basically the monthly amount for the requested $250.000 which is to be paid upfront on a auarteriv basis beainnina in July and then October. Carried by unanimous vote. ADJOURNMENT ACTION: The meeting was adjourned to the next Regular Meeting of the City Council and Community Development Commission to be held Tuesday, June 17, 2008 at 6:00 p.m., Council Chamber, Civic Center. The meeting closed at 7:56 p.m. City Clerk / - _ .'. s ing Secretary The foregoing minutes were approved at the Regular Meeting of August 5, 2008. Cev.-4 41- Mayor / CDC Chairman TAPE RECORDINGS OF EACH CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE. City of National City, California COUNCIL AGENDA STATEMENT 23 MEETING DATE February 17, 2009 AGENDA ITEM NO. Kr -Ea TITLE LETTER OF INTENT OF THE CITY OF NATIONAL CITY REGARDING THE FUNDING ALLOCATION OF THE FISCAL YEAR 2008-2009 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY EDUCATION REVENUE AUGMENTATION FUND PREPARED BY Jeanette Ladrido Finance Director EXPLANATION DEPARTMENT Finance x4331 Section 33685 of the California Health and Safety Code requires that the City of National City report to the County Auditor & Controller as to how the Community Development Commission of the City of National City (the "Agency") intends to fund the 2008-09 fiscal year allocation to the Education Revenue Augmentation Fund (the "ERAF Payment"). Please be advised that the Agency's Tax Increment Funds have been set aside for the ERAF Payment and will be paid on or before May 10, 2009. Environmental Review N/A Financial Statement N/A Approved By: Jeanette Ladrido, Finance Director Account No. STAFF RECOMMENDATION • Approve funding source of the Community Development Commission's ERAF payment. • Authorize staff to report to the County Auditor & Controller of the method of payment. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Letter to San Diego County Auditor & Controller A-200 (9/80) February 28, 2009 �}— CALIFORNIA+- NATIONAL CITy Tracy M. Sandoval Assistant Chief Financial Officer/Auditor and Controller 1600 Pacific Highway, Room 166 San Diego, CA 92101-2478 Re: Education Revenue Augmentation Fund FY 2008-09 Community Development Commission of the City of National City Payment Dear Ms. Sandoval: Section 33685(d) of the California Health and Safety Code requires that the City of National City report to the County Auditor & Controller as to how the Community Development Commission of the City of National City (the "Agency") intends to fund the 2008-09 fiscal year allocation to the Education Revenue Augmentation Fund (the "ERAF Payment"). As you may know, the validity of the legislation mandating this ERAF transfer has been challenged in litigation pending in the Superior Court for Sacramento County, California Redevelopment Association et al v. Genest et al, Case No. 34-2008-00028334-CU-WM- GDS ("CRA v. Genest"). This case alleges, among other things, that the duties of county auditors under Health and Safety Code Sections 33685(a) and 33687(a) to deposit funds received from redevelopment agencies in County Educational Revenue Augmentation Funds are inconsistent with various state and federal constitutional provisions and are therefore unlawful and unenforceable. The Community Development Commission of the City of National City reserves any rights it may have to withhold the payment of funds to you under Health and Safety Code Section 33685 or to recover those funds after payment or transfer based on any order or judgment of the Court in CRA v. Genest. We hope to have a decision on the case by the May 10 deadline when ERAF payments are due, but obviously, there is no way we can predict with certainty how long court proceedings will take. CRA may also seek an injunction at the appropriate time to bar collection of payments. Office of the City Manager 1243 National City Boulevard, Nation& City, CA 91950-4301 619/336-4240 Fax 619/336-4327 www.nationalcityca.gov Email cmo@nationalcityca.gov ��a Please be advised that the Agency's Tax Increment Funds have been set aside for the ERAF Payment and will be paid on or before May 10, 2009. Should you have any questions or concerns, please contact Jeanette Ladrido, Director of Finance, at (619) 336-4331 or via e mail at jladrido(a7nationalcityca.gov. Sincerely, Chris Zapata City Manager cc: Mayor and City Council George Eiser, City Attorney Brad Raulston, Executive Director, CDC Jeanette Ladrido, Finance Director City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 17, 2009 AGENDA ITEM NO. 24 ITEM TITLE TEMPORARY USE PERMIT — American Cancer Society's National City Relay for Life a Kimball Park from August 8-9, 2009 with $1,500 in fees waived pursuant to City Council Policy #804. PREPARED BY Vianey Rolon, 336-4364 EXPLANATION DEPARTMENT Neighborhood Services Division This is a request from the American Cancer Society to conduct the National City Relay for Life event at Kimball Park from August 8-9, 2009. This event is a 24-hour walking relay that starts at 9 a.m. on August 8th and concludes at 9 a.m. on August 9th. This relay will raise money for the fight against cancer. During the event there will be food, entertainment, including 10 bands, and educational activities. The event organizers request the use of the full City stage system. The sponsors will also provide Professional Security, rented lighting, first aid, and portable toilets for the event. The event and sponsoring organization meet the criteria in the City Council Policy No. 804 for a waiver of fees up to the amount of $1,500.00. This event is a City co -sponsored event. Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $237.00 for processing the TUP through various City departments, plus $2,096.96 for Public Works and $1010.00 for Fire permits. 'Total fees are $3,343.96. $1,500.00 can be waived by the City Council. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with a waiver of fees totaling $1,500.00. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Peniiit 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: American Cancer Society EVENT: Relay For Life of National City DATE OF EVENT: August 8-9, 2009 TIME OF EVENT: 9 a.m. Saturday to 9 a.m. Sunday APPROVALS: PLANNING/BUILDING RISK MANAGER ENGINEERING PUBLIC WORKS FINANCE FIRE COMMUNITY SERVICES POLICE NEIGHBORHOOD SERVICES CITY ATTORNEY YES [ x ] YES [ x ] YES [ x ] YES [x] YES [x] YES [ x ] YES [x] YES [ x ] YES [ x ] YES [x] NO [ NO [ NO [ NO [ NO [ NO [ NO [ NO [ NO [ NO [ SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: FINANCE (619) 336-4330 American Cancer Society must renew their business license. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general Liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. NEIGHBORHOOD SERVICES (619) 336-4364 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 Neighborhood Services Division for approval prior to mailing. A notification should be provided to the management at Morgan/Kimball Towers. Property occupants should be notified no less than 72 hours prior to the start of the set-up activities for the event. FIRE (619) 336-4550 1. Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2. Fire Department access into and through the camp 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. 3. Fire Hydrants shall not be blocked or obstructed. 4. Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5. VehicIes in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6. Provide a 2A:10BC fire extinguisher at stage. Extinguisher to be mounted in a visible location between 31/2' 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. 7. All cooking booths or areas to have one 2A:IOBC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Taz attached. Please see attached example. 8. Additional fire extinguisher shall be placed around the circumference of the track and bowel area so as to provide fire protection for" Luminary Bags" and "Olympic Torch". Fire extinguisher to be mounted in a visible location between 31/2' to 5' from the floor to the top of the extinguisher. Extinguisher shall be labeled "Fire Extinguisher". Please see attached example. 9. If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 10. Internal combustion power sources that may be used for "Light Towers" shall be of adequate capacity to permit uninterrupted operation during normal operating hours. 11. Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. 12. A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc. 13. Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two -hundred and ten ($210.00) dollars. 14. Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. Z FIRE (continued) 15. If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $200.00 • Tents having an area more than 201 square feet shall be $400.00 • Canopies having an area from 0-400 square feet shall be no charge. • Canopies from 401-500 square feet shall be $250.00. • Canopies from 501-600 square feet shall be $300.00. • Canopies from 601.00 or Beater shall he $400.00. • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly. • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. 16. First Aid will be provided by organization. 17. Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides. 18. Provide map of site area. Map to include placement of Fire Department requests. 19. Fees can only be waived by City Council. RISK MANAGER (619) 336-4370 I've reviewed the application for the proposed use and note that this annual event will be held entirely on City property at Kimball Park, although 12th St and D Ave will be affected. The applicant sponsoring organization, American Cancer Society, California Division, has signed the Hold Harmless and Indemnification Agreement; however no insurance certificate has been provided. For this event, we require commercial general liability coverage with minimum limits of one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) aggregate. Further, the City of National City, its elected officials, officers, employees and agents must be named as additional insureds pursuant to a separate endorsement which needs to be provided, along with the certificate (acord form) prior to the event. In the past, we have not required any additional insurance, however 1 would recommend that the organizer ensure that the group providing security also provide evidence of liability insurance. 3 PUBLIC WORKS Street Division No involvement. 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 5 portable toilets. 3. The cost to provide park personnel for set up and break down for this event is estimated to be $1,863.04. This amount should be paid to the City unless waived by the City Council. • Stage Set up (OT) 4 hrs @ $232.88/hr x 4 staff = $ 931.52 • Stage Breakdown (OT) 4 hrs @ $232.88/hr x 4 staff = $ 931.52 Total = $1,863.04 Facilities Division: • Electrician (OT) 9-8 • Electrician (OT) 9-9 Total Fees 3 hrs set up @ $33.32/hr 3 hrs breakdown @ $33.32/hr _ $ 99.96 $ 99.96 _ $ 199.92 Unless waived by the City Council, the applicant shall pay $1,996.32 for staff costs associated with this permit request. This cost was estimated as follows: Parks Division: $1,863.04 Facilities Division: $199.92 Total: $2,096.96 Type of Event: _ Public Concert __ Parade Motion Picture Event Title Actual Event Hours:9- Fair Demonstration Grand Opening _ Festival Circus Other SC Community Event Block Party b Na--h •or zI C� % Event Location: Kl alba'I ( P a' r, ' /2-6 3174c - ° 1 t1 ' / J10nu, /'V M l Event Date(s): From Q ! to R Total Anticipated Attendance: 500 V Month/Day/Year (aC_Participants) pm to R '00 �/sn (300 Spectators) Setup/assembly/construction Date: 1�/0(:/ Start time: a-Men4rble' S-DOam "ivy o7c Please describe the scope of your setup/assembly work (specific details): -7 -42nf5, 'fele, canaP eS . U. *r Seri b/es, c%'r5 . Mork )5y ZD area, f 'r f*fin. Dismantle Date: $/ 9/17/ Completion Time: 3 . Dd am4 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. hone - drt • n .I% ire •�Tj•,' �`•••a^,•+. �•3, t �, i\_ _� ._'- -,_,-�.n•_A.. _r �- - 7—.'. S . i `• • '- Asa . ,..1. ,.. - . y ,• ' , Sponsoring Organization: ArreriIan Canal- ` f Chief Officer of Organization (Name) I7/,*,rn/Cc 0/14S/�11i, For Profit K. Not -for -Profit �rG Applicant (Name): ivy 4Q�-� S Address: Daytime Phone: ((d'? )1 7. ?7T / Evening Phone: (44 $g 'C # ax: (14 2g3.3J 9 Mid tie-c17..61/g Pager/Cellular: ('/ •5 v ! l c// NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Contact Person "on site" day of the event 4- 5 Is your organization a "Tax Exempt, nonprofit" organization? /YES NO Are admission, entry, vendor or participant fees required? ►! YES _ NO If YES, please explain the purpose and provide amount(s): 50 ` `�g�`� AM cornm, r n1 fee $ 76, tod. Estimated. Gross Receipts including ticket, -product and sponsorshipsales from this event., $ 7,000 Estimated Expenses for this event. $ 4 3i OX What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. a ti hour e ven f f-D raise a toarenss i`n + r SS to af c anar, e ncr 7(evenl-i On , it done to help proorarn s a.' sews open' d & e tom' charoe 'wJ cife, Ameri c2n Cent ode YES NO II the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale. 1 _ YES 40 Does the event involve the sale or use of alcoholic beverages? _ YES VNO Will items or services be sold at the event? If yes, please describe: YES Y 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. VYES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. /YES ^ NO Does the event involve the use of tents or canopies? If YES: Number of tenUcanopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. IYES _ NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. • Food Concession and/or Food Preparation areas .Please describe how food will be served at the event: If yoy intend to,.cook food in the yvent area please specify the method: GAS V ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toile Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs Fencing, barriers and/or barricades • Generator locations and/or source of electricity ;- Canopies or tent locations (include tent/canopy dimensions) • Booths, exhibits, displays or enclosures • Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must property dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: 2 O Trash containers with lids: a yam'`' "PSt'er5 Describe your plan for clean-up and removal of waste and garbage during and after the event: aod(posf ble -f2(Sh canSr provided bt F6160, 3durnP$¢er5 pt-dticied( edc' . roGuMe t to/7/ mairra n eraa s . 3 Please describe your procedures for both Crowd Control and Internal Security: /YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? if YES, please list: Security Organization: r) t ITO_e a TS `^ " ei- Security Organization Address: ' 3- �p -T" r ria-4- ,kaeh , e gI�I3a Security Director (Name): ,. Phone: `! YES , NO Is this a night event? If YES, please state how the event and surrounding area will be illuminate . ensure safe of the pa cipants and spectatd rs: Park t i fjJ r (o ni1 - ,9f-,fi er& re e ky l%cc crr?e PenIal 5ern'ce Please i dic w at parent rent you have made for pr viding First Aid S$affin and Eouioment., r`r i I1 tepn and an 518 . Please describe your Accessibility Plan for access at your event by individuals with disabilities: frili.cap phinC oJ-rzrr/ps a m I able. Please provide a detailed description of your PARKING plan: de) a /-e4 Ri in ha, f f Fad pai''r6 /e/5 s pt Please describe your plan for DISABLED PARKING: I-kwhap ar`kfrlk 4. lof -., ram,... - -., .-.,- -T-,-- , .." ..-.-.r- .. - ,-..-.____ • - .-_ -- __ - is r Please describe your plans to notify all residents, businesses and churches irnpactedfby the event: /j%Ge �.f�! i� out J�G�, /tea / 1-76341r5 prior- to ear r3 . NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. l' YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: vetrio1L•S 10 tYES NO Will sound amplification be used? If YES, please indicate: Start time: 101.60 Dcm Finish Time g' v am/pm /YES , NO Will sound checks be conducted prior to the event? If YES, please indicate: Start lime: U ' 30 ?'pm Finish Time 10:0 am/pm Please describe the sound equipment that will be used for your event: vat(' vas lino f umerr/s tL59` hf into I a) s . YES v NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: V YF_S NO Any signs, banners, decorations, special_lighting? If YES, please describe: L h't tier i€rid ern 1flu erri6 5rfrc)g . A-C3 ban r r5 40 Nh UirssJo i ivita-cE Revised 08/10/05 Event: For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 4 l0 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 Pmen(� `G a o�` Person in Charge of Activity `�ar��im7Ls ���� Address a1'S5 Canino cdel Al0 N *lob $ah P/eyo, CP ta/oe Telephone to/Ctioga-71-1 Date(s) of Use 517 - g 41/09 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 uncjer the permit by the permittee or its agents,employees or contractors. Sign Official ale D to For Office Use Only Certificate of Insurance Approved Date Non-profit organizations, which meet the criteria on page v of theinstructions, 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? 17Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP . Application) 2. Please state the name and type of organization sponsoring the event for which the TUP. is sought and then proceed to Question 3. N me the Apo caring organization fimnerienn r r �yy- fe l i'terrmme - KA Kr sioYJ, T.nC • Type of Organization Commurn Q e ch/�/�D�am�a � 9� (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? ✓ Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? 7es (Pease provide anexplanation and details. p r 6 2/5 eee program$ a - %was lt irch'enis 5ei-tacos o/ered *o a/eS/ war pa-treirt reefrei n /Vagdrae No (Please proceed to Question 5). t 2- 5. Will the proceeds provide a direct financial benefit to city government -such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a directfinancialbenefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefitto an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: XNo (P lease sign the form and submit it with the TUP Application) tom. Signature Date City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 17, 2009 AGENDA ITEM NO, 25 (---- ITEM TITLE Notice of Decision — Coastal Development Permit and Proposed Negative Declaration for Marina Gateway Street Improvement Project for W. 23 Street and Harrison and Cleveland Avenues within the Local Coastal Program. Applicant: City of National City. Case File No. 2008-28 CDP, IS, PREPARED BY Peggy Chapi 36-4319 DEPARTMENT Planning Division EXPLANATION On February 2, 2009, the Planning Commission approved a Coastal Development Permit for the construction of road improvements and streetscape enhancements to W. 23"d, and Harrison and Cleveland Avenues. The purpose of the road improvement project is to enhance the area surrounding the hotel, train depot and historic depot museum west of Interstate 5 to encourage future tourist commercial development. The following report describes the proposed road improvements and streetscape enhancements in more detail. Environmental Review An Initial Study and Proposed Negative Declaration was prepared to assess potential environmental impacts pursuant to California Environmental Quality Act (CEQA). The study concluded that no impacts were anticipated and no further analysis is required. Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION Rvv Staff concurs with the Planning Commission determination and recommends the Notice of Decision be Filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission voted 6-0 to approve the Coastal Development Permit. Vote: Ayes — Alvarado, Baca, Carrillo, DeLaPaz, Flores, Pruitt, Reynolds. Absent: Flores ATTACHMENTS ( Listed Below) Resolution No. 1. Background Report 4. Proposed Improvement Plan 2. Resolution 1-2009 5. Conceptual Landscape Plan 3. Location Map 6. Existing and Proposed Street Cross Sections A-200 (9/99) BACKGROUND REPORT Case File No. 2008-26 CDP 1. Site characteristics The project site is located west of Interstate 5 and includes W. 23`d Street and Harrison and Cleveland Avenues north of Bay Marina Drive. Currently, Harrison is developed from Marina Way to W. 23`d Street as a two lane, one way roadway. Cleveland is developed as a two lane, north - south connector with a two-way left -turn center lane. W. 23`d Street is a two-lane, one way street eastbound connecting to Harrison Avenue to Cleveland Avenue. Traffic volumes on Cleveland Avenue is 4,000 average daily trips (ADTs) while Harrison and W. 23`d Street boast approximately 200 ADTs. 2. Proposed Request The purpose of the road improvement project is to enhance the commercial/industrial area to encourage future commercial tourist development, enhance the Historic National City Depot Museum, and create a public plaza for community events. The project entails constructing street improvements and streetscape to Cleveland Avenue (between Bay Marina Dr. and 23`d Street); to 23rd Street (between Harrison Ave. and McKinley Avenue); to Harrison Avenue (between Bay Marina Drive and W. 23`d Street); and at the entrance to the museum at Harrison Avenge. Harrison Avenue would be constructed as a public plaza and be closed to through traffic. The specific improvements would be funded with tax increment financing and grant funds when available. The specific improvements include: • New curb, gutter, widened sidewalk, street trees, decorative street lighting, and landscaping will be constructed on Cleveland Avenue, Harrison Avenue, and W. 23`d Street. • A public plaza, 55 ft. by 80 ft, at Harrison Avenue and Bay Marina Drive. • Harrison Avenue will include 35 parking spaces, landscape islands, enhanced pavement, sidewalk, and benches. • Parallel parking will be installed along Cleveland Avenue and 23`d Street. • Parking areas will use a porous material as a water quality feature of the project. • Enhanced pavement for sidewalks, plaza, and crosswalks. • Historic Depot area improvements to include lighting, replacement of fencing, removal of asphalt on the south and west budding elevations, installation of decomposed granite (DG) on the south elevation, and installation of a concrete driveway and walkway on west elevation. • Removal of abandoned rail spurs on city -owned parcel north of Bay Marina Drive. • Installation of accessible pedestrian ramps at Harrison Ave/23`d Street, at Cleveland Ave./23rd Street, and at 23`d Street at McKinley Avenue. • Relocating overhead electric, telephone, and cable lines underground and removing 11 utility poles. • A railway design theme will incorporated into the walkways, parking, gates, and street furniture with the use of railroad ties, rail headers, and railroad crossing sign 3. Analysis The site is within the Coastal Zone and borders the Harbor District Specific Area Plan (HDSAP) area to the south. The HDSAP, approved by the Council in 1998, establishes a vision for t developing the Harbor District as a tourist destination and to provide public access for pedestrians and bicyclists. A hotel, restaurant, and retail services are under construction on the south side of Bay Marina Drive. The marina was completed in 2008, and improvements to Pepper Park are underway. Enhanced landscaping, bikeway and pedestrian improvements to Bay Marina Drive from 1-5 to Harrison/Marina Way will be completed in 2009. The public improvements proposed with this Coastal Development Permit will continue to set the stage for future commercial tourist development. General Plan Consistency The proposed improvements are consistent with the General Plan, Economic Development's three basic goals (pp 35): • To preserve and strengthen existing commercial and industrial uses; • To provide a favorable climate for attracting new, high -quality business activity into the City; • To retain and expand employment opportunities. Local Coastal Plan Consistency The proposed road improvement project is located in the Coastal Zone within Subarea I of the Local Coastal Program (LCP) Land Use Plan and identified as Tourist Commercial/Recreation. The proposed improvements are considered a "major public works project" (over $100,000) and require a Coastal Development Permit (Public Resources Code Section 30603(a)). Approval of a CDP relies on determination by the local agency that the proposed development conforms to the LCP. The project conforms to the Local Coastal Plan which states that the area "provides the entryway to National City's bayfront". The proposed streetscape improvements would enhance the entryway into the Harbor District area and therefore increase visual quality and scenic values. Improvements to the roadway would encourage redevelopment on vacant parcels surrounding the project area. Additionally, policy recommendations of the LCP include providing for public access in conjunction with development. The proposed improvements provide public accessways and bicycle lanes to connect to the Bayshore Bikeway, the Sweetwater River Trail system, and access to the Pier 32 Manna, Pepper Park, and the planned aquatic center. Environmental Analysis A proposed Negative Declaration and Initial Study were prepared to evaluate the potential impacts of the proposed development. The Initial Study checklist (attached) concluded that there are no impacts and a Negative Declaration was prepared. 2 RESOLUTION NO. 1-2009 A RESOLUTION OF 11IE PLANNING COMMISSION OF THE CITY OF NATIONAL. CITY, CALIFORNIA, APPROVING COASTAL. DEVELOPMENT PERMIT AND PROPOSED NEGATIVE DECLARATION FOR MARINA GATEWAY STREET IMPROVEMENT PROJECT FOR W. 23RD STREET ANI) ! IARRISON AND CLEVELAND AVENUE APPLICANT: CiI'Y OF NATIONAL CITY CASE FILE NO. 2008-26 CDP, IS WHEREAS, the Planning Commission of the City of National City considered a Coastal Development Permit for improvements along W. 23'a Street, Harrison and Cleveland Avenues west of Interstate 5 north of Bay Marina Drive that includes constructing upgrades for street improvements and stree(scape to Cleveland Avenue (between Bay Marina Dr. and 23"d Street); to 23rd Street (between Harrison Ave. and McKinley Avenue); to Ilarrison Avenue (between Bay Marina Drive and W. 23rd Street); and at the entrance to the museum at Harrison Avenue at a duly ad rtised public hearing held on February 2, 2009, at which time oral and documentary evidence vas presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. 2008-26 CUP, IS, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, the request for a time extension is in the best interest of the community as it would reduce the,potential to require reconstruction of improvements completed by the City and then later completed by Caltrans, and, WHEREAS, the improvements include the following: 1. New curb, gutter, widened sidewalk, street trees, decorative street lighting, and landscaping will he constructed on Cleveland Avenue, Harrison Avenue, and W. 23rd Street. 2. A public plaza, 55 ft. by 80 ft, at Harrison Avenue and Bay Marina Drive. 3. Harrison Avenue will include 35 parking spaces, landscape islands, enhanced pavement, sidewalk, and benches. 4. Parallel parking will he installed along Cleveland Avenue and 23'd Street. 5. Parking areas will use a porous material as a water quality feature of the project. 6_ Enhanced pavement for sidewalks, plaza, and crosswalks. 7. Museum Depot area improvements to include lighting, replacement of fencing, removal of asphalt on the south and west building elevations, installation of decomposed granite (D(1) on the south elevation, and installation of a concrete driveway and walkway on west elevation. 8. Removal of abandoned rail spurs on city -owned parcel north of Bay Marina !)rive. 9. Installation of accessible pedestrian ramps at Harrison Ave!23rd Street, at Cleveland Ave., 23rd Street, and at 231' Street at McKinley Avenue. 10. Relocating overhead electric, telephone, and cable lines underground and removing 11 utility poles. 3 WHEREAS, the proposed improvements would he consistent with General Plan goals to encourage commercial tourism west of Interstate 5 and provide for pedestrian access to the marina and park; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WIIEREAS, the action recited herein is found to he essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on February 2, 2009, support the following findings: That granting of a Coastal Development Permit conforms with and implements the Certified Local Coastal Program and Coastal Act §§30210-30214, 30220-302224, and 30252 which requires public access, and said improvements are designed to improve public pedestrian and vehicular access to the Harbor District existing and future development. 2. That the conditions of approval are adequate to carry out the Certified local Coastal Progratn and these improvements do not conflict with the Harbor District Specific Area Plan. That the proposed street improvements conforms to the policies of Chapter 3 of the Coastal Act by providing adequate public pedestrian, bicycle and vehicular access for existing and future development. 4. That the proposed street improvements are consistent with Chapter 1 8. 102 of the National City Municipal Code, since landscaping will buffer commercial development, and will further enhance the entrance into the city. BE IT FURTHER RESOLVED that the application for Coastal Development Permit 2008- 26 CDP, iS is approved subject to the following conditions: General 1. This Coastal Development Permit authorizes the installation of public improvements and landscaping along Harrison Avenue, W. 23"1 Street, Cleveland Avenue from Bay Marina Drive to W. 23u1 Street. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. 2008-26 2. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 3. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plurnbing Code, the California Electrical Code, California Fire Code and California Title 24 energy and handicapped regulations. 4 4. Within four (4) days of final approval, pursuant to Fish and Game Code 71 1.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall he made payable to the County Clerk and submitted to the National City Planning Department. Sweetwater Authority 5. The applicant shall refer to the letter from hector Martinez, Sweetwater Authority dated October 27, 2008 for specific requirements prior to construction. 6. "1'he applicant shall submit plans and design review fee to Sweetwater Authority for review and approval of plans. 7. The applicant shall coordinate the improvements with Sweetwater Authority and work with Authority stall -during the design process. 8. Prior to the issuance of grading permit, plans showing the following shall he developed in coordination with Sweetwater Authority: all domestic and landscape services to include installation of an approved reduced pressure principle backflow assembly; b. installation of an approved double check detector on all fire services; c. internal hacktlow assemblies must be tested by tested by a certified backtlow assembly tester who appears on Sweetwater Authorities list of testers. Building Division 9. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical (:'ode, the California Plumbing Code, the 2004 Califbrnia Electrical Code, and California 'Title 24 energy and handicapped regulations. 10. "Television cable companies shall he notified a minimum of 48 hours prior to tilling of cable trenches. Planning Division 1 I. A detailed landscape and underground irrigation plan, including plant species, sizes, and details of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 12. The proposed improvements on the historic National City Depot property shall he coordinated with the San Diego Electric Railway Association, Inc. (SDFRA). Fire Department 13. The applicant shall maintain internal roadway access for fire apparatus in accordance with the current Calitomia Fire Code and California Vehicle Code by providing an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet, 6 inches. Where the internal access roadway width would he reduced below 20 feet due to parked vehicles, the applicant shall post "No Parking Fire Lane" signs or paint the adjacent curb or pavement (if no curb provided) red with "No Parking Fire Lane" stenciled in white letters at intervals of 25 feet, to the satisfaction of the Fire Marshal and City Engineer." 5 14. Fire hydrants, subject to review and approval of the Fire Department, shall he provided. 15. The applicant or representative shall submit a letter to the Sweetwater Authority stating tire tlow requirements. The applicant shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. The applicant shall provide a complete scope of work that needs to be completed by Sweetwater Authority. 16. All development shall he built to code. 17. The project shall be in compliance with NFPA 2007, CFC 2007 edition, Title 19, and the municipal code. 18. The construction drawings shall be submitted prior to issuance to the Fire Marshall. The plans shall provide: data sheet for back -flows; data sheets for private and commercial hydrants; and data sheets for post indicator valves. 19. The required width of emergency fire apparatus access roads shall not he obstructed in any manner, including parking of vehicles. All access roads shall be no less than 20 feet wide, no less than 13 feet, 6 inches high and shall have an all weathered road with the ability to support 70,000 pounds or greater. 20. Fire access roads in excess of 150 feet from the furthest end of the property from a public street, shall be provided with width and turnaround provisions. 21. Fire hydrants are to be located throughout the project as not to have a separation distance greater than 300 feet. Fire hydrants are to he located within 300 feet of all locations which are roadway accessible. (Measure starts from nearest existing fire hydrant to project). 22. The fbllowing items that pertain to hydrants: a. Size and location, including size and number of outlets and whether outlets are to he equipped within dependent gate valves, and b. Fire hydrant to he of three outlet design. 23.. Provide calculation confirming flow availability to meet fire tlow demands and supply large diameter hose (4-inch). 24. Fire hydrants to be marked by use of blue reflective marker in the roadway. 25. Exit signs shall be illuminated with green lettering per National City Ordinance. 26. FDS caps to be Knox FDC Plugs. 27. Entrance/exit gates shall be equipped with Knox Box and Emergency Strobe so as to provide emergency vehicle access and egress. 28. Fire sprinkler, fire alarm and fire protection systems plans shall be submitted under separate permit directly to the Fire Department for review and permitting. Fees along with three (3) sets of plans including all "Cut Sheets and Calculations" shall be included upon submittal. 29. During construction, project shall strictly follow Chapter 14 of the CFC 2007 edition "Fire Safety during Construction Alteration or Demolition of a Building." Public Works Department 30. The project area is served by an 8-inch high pressure sewer line located on the north side of Bay Marina Drive that returns to a gravity sewer main on Harrison Avenue at W. 23rd Street. The Fire Department requires access for maintenance to the Manholes 4897 and 4898 located on i larrison Avenue in front of the ['rain Depot. 6 31. The street lights shall incorporate the use of low wattage energy efficient light bulbs, such as induction lighting, on all new street lights. 32. The plans shall be submitted to the Fire Department for review to ensure adequate access for fire lanes is provide on Harrison Avenue. Engineering Department 33_ 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. 34. Street improvements shall be in accordance with the City Standards. Submit streetscape plans to Engineering Department for approval. 35. 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 (J[JRMP) an approved SUSMP will be required prior to issuance of an applicable engineering pennit. The SUSMP shall he prepared by a Registered Civil Engineer. 36. 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 pennit. 37. The erosion control plan shall include, as appropriate, the utilization of silt fences, siltation basins, sand bags, hay bales, or other devices to direct runotIand stabilize graded or unvegetated areas during project construction and revegetation. 38. The erosion control plan shall include, as appropriate, the utilization of silt fences, siltation basins, sand hags, hay hales, or other devices to direct runoff and stabilize graded or unvegetated areas during project construction and revegetation. 39. Any modification to the roadway right-of-way must meet the American Disability Act (ADA) of 1990 and the Uniform Federal Accessibility Standards (UFAS) as stated in the highway Design Manual, Topic 105.3 Accessibility Requirements. 40. All curbs and sidewalks shall he removed and replaced within the project area. 41. All utilities shall he placed underground within the project area. 42. All surface run-offs shall he 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. 43. All project work is required to include the following measures to reduce fugitive dust impacts: a. All unpaved construction areas shall be sprinkled with water or other acceptable Air Pollution Control District (APCD) dust -control agents during dust generating activities. Additional watering or acceptable APCD dust -control agents shall he applied during dry weather or windy days until dust emissions are not visible. 7 b. Trucks hauling dirt and debris shall be covered to reduce windblown dust and spills. c. On dry days, dirt or debris spilled onto paved surfaces shall be swept up immediately to reduce suspension of particulate matter caused by vehicle movement. Approach routes to construction sites shall be cleaned daily of construction -related dirt in dry weather. d. On -site stockpiles of material shall be covered or watered. BE Cl' FINALLY RESOLVED that this Resolution shall become effective and final 20 days after Planning Commission action, unless an appeal in writing is filed with the City Clerk prior to 5:30 p.m. on the twentieth day following the Planning Commission action. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of February 2, 2009, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Alvarado, Baca, Farias, Del aPaz, l'ruitt, Reynolds. Flores CHAIRMAN 8 200 Feet AVFKOX. PROJECT AREA LOCATION MAP ZONE BOUNDARY - - - • 2008-26 CDP Coastal Development Permit for Street Improvements for West 24th Street, Harrison and Cleveland Avenues NATIONAL CITY PLANNING DRN. DATE: 12/11/08 INITIAL HEARING: 1/5/09 CLEVELAND'AVE 10 NATIONA_ C,TY MARINA GA7EVVAY S-REETSCAPE DRAFT 6 MARCH 08 MW STEELE GROLP r Si t I 1 s. 4+�1 i va arr HARRISON AVENUE - EXISTNG -i-� I ».. I w I7:I� CLE VELAND AVENUE - EXIST V C, _STREET SECTIONS } I .. Mr ova Ism inure I+�, 2.3RD AVENUE - EXISTING :oo*, -- tor. :ioroloypi HARRISON AVENUE • PROPOSED CLEVELAND AVENUE - PROPOSED 2JR0 AVENUE- PROPOSED NATIONAI CITY MARINA GATEWAY STREETSCAPE DRAFT 6 MARCH 200R 12 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California `AEETING DATE: February 17, 2009 AGENDA ITEM NO. 26 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $93,561.99 to the City of National City for the period of 01/14/09 through 01/20/09 PREPARED BY: Jeanette Ladrido, CP Finance Director EXPLANATION: DEPARTMENT Finance (619) 336-4331 Effective July 1, 2008, the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all ex- penditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests ap- proval of the reimbursement of CDC activity. Environmental Review N/A Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $93,561.99 J STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A FTACHMENTS (Listed Below) Warrants for the period the period of 01/14/09 through 01/20/09 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER # 30 1/20/2009 PAYEE DESCRIPTION CHK NO DATE AMOUNT CITY OF NATIONAL CITY ONE DAY FAIR 224822 1/15/09 116.15 CITY OF CHULA VISTA NOVEMBER 2008 SERVICES 224883 1/20/09 30,000.00 CITY OF NATIONAL CITY PETTY CASH DEC 2009 CDC 224958 1/20/09 199.84 CORPORATE EXPRESS MOP 45704 OFFICE SUPPLIES 224959 1/20/09 23.16 DIXIELINE LUMBER CO. MOP 45707 SILICA SAND - CS 224960 1/20/09 108.32 EDCO DISPOSAL WASTE SERVICE NOV 2008 224961 1/20/09 104.75 EDCO DISPOSAL CORPORATION GRANGER HALL WASTE DISP 224962 1/20/09 209.50 GEOSYNTEC CONSULTANTS EDUCATION VILLAGE 224963 1/20/09 6,045.37 HUSK PARTNERS CONSULTING SVCS - JAN 09 224964 1/20/09 7,500.00 LAW OFFICES OF DON DETISCH LEGAL SERVICES - CDC V MATCHINSKI 224965 1/20/09 2,354.60 MAYER HOFFMAN MCCANN P.C. CDC FINANCIAL & HOUSING AUDIT 224966 1/20/09 11,500.00 . NATIONAL CONSTRUCTION RENTAL EQUIP RENTAL - DAY INN 224967 1/20/09 177.08 NBS PBID ADMINISTRATION 224968 1/20/09 2,220.39 NIEDERFRANK'S ICE CREAM EQUIP PURCHASE 224969 1/20/09 1,068.16 OPPER & VARCO LEGAL SERVICES HARBOR DISTRICT 224970 1/20/09 709.50 POWER PLUS EQUIP RENTAL - AQUATIC CNTR 224971 1/20/09 195.00 PRUDENTIAL OVERALL SUPPLY MOP 45742 STREET UNIFORMS - CS 224972 1/20/09 66.70 PYATOK ARCHITECTS INC CONTRACT & EXPERT SVCS 224973 1/20/09 4,987.10 SD STATE FOUNDATION SMALL BUSINESS CONSULTING 224975 1/20/09 25,000.00 VISTA PAINT MOP 68834 COVERALL SEMIGLOSS 224977 1/20/09 48.01 WESTFLEX INDUSTRIAL BENEFIT LOAN PROGRAM 224978 1/20/09 489.17 XEROX CORPORATION LEASE FOR DEC 2008 224979 1/20/09 439.19 A/P Total 93.561.99 COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 30 1/20/2009 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 1,953.23 116.15 91,425.93 66.68 93,561.99 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California 1EETING DATE: February 17, 2009 AGENDA ITEM NO. 27 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $103,438.93 to the City of National City for the period of 01/21/09 through 01/27/09 PREPARED BY: Jeanette Ladrido Finance Director EXPLANATION: DEPARTMENT Finance (619) 336-4331 Effective July 1, 2008, the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all ex- penditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests ap- proval of the reimbursement of CDC activity. Environmental Review N/A Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $103,438.93 ♦ STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A I /ATTACHMENTS (Listed Below) Warrants for the period the period of 01/21/09 through 01/27/09 • COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER # 31 1/27/2009 PAYEE CHRISTENSEN & SPATH LLP CHULA VISTA BLUEPRINT CO CITY OF NATIONAL CITY COUNTY CLERK COUNTY OF S D EQUIFAX INFORMATION SVCS GEOSYNTEC CONSULTANTS HARRIS & ASSOCIATES PRUDENTIAL OVERALL SUPPLY RICK ENGINEERING CO. SAN DIEGO DAILY TRANSCRIPT SCS ENGINEERS THE STAR NEWS U.S. HEALTHWORKS PAYROLL Pay period Start Date 2 12/30/2008 DESCRIPTION CASA FAMILIAR 1820 G AVE REPRODUCTION OF PLANS INSPECTION FEE - KIMBALL HOUSE 8TH ST UNDERGROUNDING CREDIT BACKGROUND CHECK FOR S8 ENVIRONMENTAL CONSULTING 1820 G AVE DEMOLITION MOP 45742 STREET UNIFORMS CONTRACT SERVICES BAY MARINA DRIVE SURFACE WATER SAMPLING BAY MARINA DRIVE PROJECT HEALTH EXAM - H OLIVERA End Date Check Date 1 /12/2009 1 /21 /2009 CHK NO DATE AMOUNT 225025 1/27/09 4,401.87 225026 1/27/09 18.10 225027 1/27/09 541.65 225028 1/27/09 50.00 225029 1/27/09 53.84 225030 1/27/09 1,659.11 225031 1/27/09 1,456.41 225032 1/27/09 13.34 225033 1/27/09 7,667.61 225034 1/27/09 594.10 225035 1/27/09 104.50 225036 1/27/09 820.00 225037 1/27/09 394.42 A/P Total 17,774.95 85,663.98 17,774.95 GRAND TOTAL $ 103.438.93 N COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 31 1/27/2009 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 20,880.62 383.12 73,241.96 8,933.23 103,438.93