Loading...
HomeMy WebLinkAbout2009 03-17 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 — March 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 he 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 interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audidfonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings 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 3/17/2009 - Page 2 PROCLAMATION 1. Proclaiming Wednesday, March, 18, 2009 as: VIOLET HELEN NOBLE DAY PRESENTATION 2. Employee of the Month of March 2009 — Barby Tipton, Storm Water Compliance Inspector INTERVIEWS/APPOINTMENTS 3. Civil Service Commission (City Clerk) CITY COUNCIL CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 4. Approval of the Minutes of the Regular City Council/Community Development Commission Meetings of February 3, 2009 and February 17, 2009. (City Clerk) 5. Approval of a motion to waive reading of the text of the Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 6. Resolution of the City Council of the City of National City approving an Agreement Amendment with Manpower of San Diego in the not -to -exceed amount of $30,000 to provide temporary administrative support and authorizing the Mayor to execute the Amendment. (Funded by Transnet and Traffic Congestion Relief funds) (Engineering) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 3/17/2009 - Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City approving Amendment No. 3 to the Agreement with Rick Engineering Company in the amount not -to -exceed $6,800 for surveying and staking services in conjunction with Bay Marina Drive Widening Project, and authorizing the Mayor to execute the Amendment. (Funded by Tax Increment Fund). (Engineering) 8. Resolution of the City Council of the City of National City accepting the work from Healy Construction Company, approving the final contract amount of $406,205.56 and authorizing the filing of a Notice of Completion for the Foodland Facade Improvements. (Funded by .Tax Increment Funds). (Engineering) 9. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Infrastructure Engineering Corporation to provide the City with engineering consultant services in the "Not to Exceed" amount of $284,703 to perform an inflow and infiltration analysis and update the City's Sanitary Sewer System Master Plan. (Sewer Service Fund) (Public Works) 10. Resolution of the City Council of the City of National City authorizing the City manager to execute the Second Amendment to Supplemental Memorandum of Understanding regarding payment for environmental analysis fees for the San Diego Regional Enterprise Zone (Amendment) between the City of National City, the City of Chula Vista, the City of San Diego, and the Redevelopment Agency of the City of San Diego which provides for the City of San Diego to pay for the additional costs up to $12,500 for a total contract amount up to $103,500. (Community Development/Housing & Grants Division) **Companion Item #23** 11. Resolution of the City Council of the City of National City authorizing the Mayor to execute a six month option to extend the contracts with Tom Moynahan Towing Company and JC Towing for towing and impound services for the City. (Police) 12. WARRANT REGISTER #34 Warrant Register #34 for the period of 02/11/09 through 02/17/09 in the amount of $1,011,288.03. (Finance) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 3/17/2009 - Page 4 CONSENT CALENDAR (Cont.) 13. WARRANT REGISTER #35 Warrant Register #35 for the period of 02/18/09 through 02/24/09 in the amount of $2,516,628.74. (Finance) PUBLIC HEARINGS 14. Public Hearing — Fiscal Year 2008-2009 Annual Action Plan Amendment No. 2: Funding cycle for the CDBG-R Programs - Funding Recommendations. (Housing and Grants Division/ Community Development Department) 15. Public Hearing — Fiscal Year 2009-2010 funding cycle for the CDBG and HOME Programs — Funding Recommendations. (Housing and Grants Division /Community Development Department) ORDINANCE FOR ADOPTION 16. An Ordinance of the City Council of the City of National City amending Title 18 of the National City Municipal Code amending Chapter 18.142 pertaining to Residential Density Bonus and Affordable Housing Incentives. (Applicant: City initiated) (Case File No. 2008-15 A) (Planning) NEW BUSINESS 17. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a Charter School in an existing building at 701 National City Blvd. (Applicant: Sandra Dominguez, Integrity Charter School) (Case File 2008-52 CUP) (Planning) 18. Notice of Decision — Planning Commission approval of a Conditional Use Permit for beer and wine sales at an existing restaurant at 2401 Highland Avenue. (Applicant: Arturo Ruelas — Birrias Restaurant/ABCO Consulting) (Case File 2008-40 CUP) (Planning) 19. Establishment of a City Council Ad Hoc Committee to discuss and make recommendations regarding the compensation of executive and management employees. (City Attorney) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 3/17/2009 - Page 5 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 20. Authorize the reimbursement of Community Development Commission expenditures in the amount of $64,829.79 to the City of National City for the period of 02/11/09 through 02/17/09. (Finance) 21. Authorize the reimbursement of Community Development Commission expenditures in the amount of $16,630.90 to the City of National City for the period of 02/18/09 through 02/24/09. (Finance) 22. Resolution of the Community Development Commission (CDC) of the City of National City ratifying an Agreement in the not -to -exceed amount of $9,000.00 with Sweetwater Authority to install water facilities in conjunction with Bay Marina Drive Widening Project and authorizing the Executive Director to execute said Agreement. (Funds have been allocated from the Tax Increment Fund). (Engineering) 23. Resolution of the Community Development Commission (CDC) of the City of National City authorizing the Executive Director to execute the First Amendment to Agreement by and between the Community Development Commission of the City of National City and Pacific Municipal (PMC) increasing the original agreement by $12,200 from $91,000 to $103,200 for additional staff time to complete the EIR process. (Community Development/Housing and Grants Division) **Companion Item #10** 24. Resolution of the Community Development Commission of the City of National City approving an Agreement with the National City Chamber of Commerce to implement a Storefront Renovation Program until June 30, 2011 on 8'h Street from Interstate 5 to J Avenue, not -to -exceed $250,000 to be matched with funds from the Morgan Square Property Based Improvement District. (Redevelopment Division) NEW BUSINESS STAFF REPORTS CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 3/17/2009 - Page 6 MAYOR AND CITY COUNCIL ADJOURNMENT Adjourned Regular Meeting — National City City Council/Community Development Commission Strategic Planning & Budget Workshop — Saturday, March 21, 2009 - 9:00 a.m. - Kimball Senior Center — 1221 "D" Avenue, National City. Next Regular City Council and Community Development Commission Meeting - Tuesday — April 7, 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 3/1 //09 CITY OF NATIONAL CITY WHEREAS, Ms. Violet Helen Noble was born on March 18, 1909 seventeen miles out of Sioux Falls on a country road in her grandparents farm house to her parents Archibald and Helen Noble; and WHEREAS, Ms. Noble lost both of her parents by the age of 8 and was raised in a farm by her grandparents, John and Adrianna Kennedy. She worked hard alongside her grandparents growing large gardens, feeding farm workers, feeding livestock, chickens, ducks, pigs and milked cows; and WHEREAS, Ms. Noble was sixteen years old when she met Harm K. Frieling and married him in December 2, 1926. WIIEREAS, In the summer of 1941, Ms. Noble, Harm and their 4 year old daughter, Sharon moved to National City; and WHEREAS, Ms. Noble currently lives in the same home in National City since she moved from Sioux Falls and where she and her husband celebrated their 60th wedding anniversary; and WHEREAS, Ms. Noble has 4 grandsons, Larry Douglas, Ronald Paul, Gregory Jay and Michael Robert; 4 great-grandsons, Ronald Paul Jr., Joshua Shawn, Deseray and Brandon Travis, and 12 great -great-grandsons, Ciera Rose, Kathlynn Shae, Clay Michael, Abigale, Jade Marie, Audrey Anne, Taysian Blake, Aidden, Matei Michael, Akira Sebella, McKenzee Kay and Skyland; and WHEREAS, Ms. Noble will celebrate her 100th birthday on Wednesday, March 18, 2009. THEREFORE, as Mayor and City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim Wednesday, March, 18, 2009 as: VIOLET HELEN NOBLE DAY We call upon all citizens of National City to celebrate the 100th Birthday of Violet I lelen Noble. A otelo-Solis Vice Mayor cailft:=A, Rosalie Councilwoman Ron Morrison Mayor Francisco "Frank" Parra Councilmember Jess Van Deventer Councilmember CALIFORNIA rT1t #2 3/17/09 NATIONAL Myr Il33V INCORPORATED MEMORANDUM March 5.2009 1'O Chris Zapata, City pager FROM Stacey Stevenssn, man Resources Director SUBJECT EMPLOYEE OF THE MONTH PROGRAM The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in March 2009 is Barby Tipton, Storm Water Compliance Inspector. By copy of this memo, the employee is invited to attend the Council meeting on Tuesday. March 17, 2009 to be recognized for her achievement and service. Attachment cc: Barby Tipton Maryam Babaki, City Engineer Dionisia Trejo — Mayor/Council Office Josie Flores -Clark — Confidential Assistance Human Resources — Office File SS:Igr Performance Recognition Program (2) Human Resources Department 140 E. 12t Street, Suite A, National City, CA 91950-3312 619/336-4300 Fax 619/336-4303 www.nationalcityca.gov City of National City Performance Recognition Award Nomination Form I nominate Barbara Tipton for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc). Do not to exceed 150 total words. Please be as specific as possible when giving your examples. Barby Tipton has been with National City for over 20 years. During her years of service she has worked at different capacities at different departments such as Public works and Finance Department. For the past 4 years she has been with the Engineering Department and serves as the stormwater inspector in the department. Barby has taken her responsibilities to such high levels as being the main contact point and coordinator to insure city's compliance with complex State NPDES requirements. She also does extensive community and business outreach such as visiting and making presentations to businesses to provide education on stormwater pollution issues, and participating closely with the school district on calendar contest thereby educating children on similar matters. Her contributions to the city and the department does not stop with exceeding her iob duties. She always volunteer her previous experience with Public Works and Finance Department to help advance the department's goals. Barby's enthusiasm is contagious and she is a delight to work with. FORWARD COMPLETED NOMINATION TO: Nominated by: Signature:-: National City Performance Recognition Program Human Resources Department Date: =s/ City of National City, California COUNCIL AGENDA STATEMENT 4.,,,,aEETING DATE March 17, 2009 3 AGENDA ITEM NO. ITEM TITLE INTERVIEWS AND APPOINTMENTS: Civil Service Commission PREPARED BY Michael R. Dalla i DEPARTMENT City Clerk EXT. EXPLANATION There are currently two vacancies on the Civil Service Commission. The vacancies have been advertised and posted, notices have been mailed and applications have been distributed. At the time of agenda preparation, we have applications for appointment to the Civil Services Commission from Mr. Rafael Courtney and Ms. Juliette Hoffman. Both applicants have been requested to appear for an interview at the March 17th meeting. Their applications are attached. Any additional applications received prior to the meeting will be distributed to you. ( Environmental Review XX N/A (-Financial Statement None MIS Approval >STAFF RECOMMENDATION Approved By: Finance Director Account No. It is recommended that the Council interview the applicants and schedule appointments at the next meeting. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. Applications A-200 (Rev. 7/03) CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES Building Advisory & Appeals Board* A_ Civil Service Commission Community & Police Relations Commission* Housing & Community Development Committee Library Board of Trustees Military, Civic and Special Events Advisory Board Parks & Recreation Advisory Board Planning Commission Port Commission Public Art Committee" San Diego County Water Authority Senior Citizens Advisory Board Street Tree & Parkway Committee Serra Library System Advisory Board Sweetwater Authority Traffic Safety Committee Note: Applicants must be residents of the City of National City except for those marked by an * Name: RoCeo.e.1S . C tr y Home Address: (,, t2c Ave.vive. Tel. No.: CAR 414 344o7 Business Affiliation:T Q,E Ivkvs. Title: P':AcipoJ / 5co1E,eif' Business Address:4cg Ic4 Ave, 5riF, u s+CA Tel. No.: 4[ct 7,01-Lo64-fO Qt'llb yrS Length of residence in National City: 30--3S San Diego Countv:3o 35r, California: 30 - 3SYv's Educational Background: _me,A, Occupational Experience: ry L tes Professional or technical organization memberships: Civic or community experience, membership, or previous public service appointments: Experience or special knowledge pertaining to area of interest: _Lecy.1 c,.,ra ovs :,peas ba>ck, c3 c,atrn,elt Have you ever been convicted of a crime? No XC Date: ! Signature: te.- ev^T OorAf4n"1-ssue4 Please feel free to provide additional information or letters of endorsement. Please return completed form to: City Clerk's Office 1243 National City Blvd, National City CA 91950 Thank you for your interest in serving the City of National City *Residency requirements may not apply This document is filed as a public document Revised March 7, 2007 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITT Building Advisory & Appeals Board* Civil Service Commission Community & Police Relations Commission* Housing & Community Development Committee Library Board of Trustees Military, Civic and Special Events Advisory Board Parks & Recreation Advisory Board Planning Commission CEI4'ED Y CLERK Port Commi7i `b[C Public Art Committee* 8 A I I. 53 San DiegoStyr IR r Authority Senior Citizens AdvisoryrcP«Y Street Tree & Parkway Committee Serra Library System Advisory Board Sweetwater Authority Traffic Safety Committee Note: Applicants`` IImust be residents of the City of National City except for those marked by an * Name: u1 D 14-04mait.m ,� e4C P Home Address: _21 q? \ (off S+C-Q.e+ Tel. No.00 19) aS I -71,32q Business Affiliation: Business Address: Title: Tel. No.: Length of residence in National City: 5V San Diego County: California: Educational Background: `N.. i� SC44)6' Occupational Experience: .cp- 0\ Professional or technical organization memberships: Civic or community experience, membership, or previous public service appointments: Experience or special knowledge pertaining to area of interest: Have you ever been convicted of a crime? No Yes L‘\i9 AAt- Date: It - Signature. additions provide Please feel free to information or letters of erfdorsement. Please return completed form to: City Clerk's Office 1243 National City Blvd, National City CA 91950 Nore *Residency requirements may not apply This document is filed as a public document Thank you for your interest in serving the City of National City Revised March 7, 2007 ITEM #4 3/17/09 Approval of the Minutes of the Regular City Council/Community Development Commission Meetings of February 3, 2009 And February 17, 2009. (City Clerk) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption ITEM #5 3/17/09 It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title." ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT `MEETING DATE March 17, 2009 AGENDA ITEM NO. ITEM TITLE Resolution of the City of National City Council approving an agreement amendment with Manpower of San Diego in the not to exceed amount of $30,000.00 to provide temporary administrative support and authorizing the Mayor to execute the amendment. (Funded by TransNet and Traffic Congestion Relief Funds) PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583 EXPLANATION The City entered into an agreement with MANPOWER OF SAN DIEGO on October 7, 2008, by Resolution 2008-206, to provide temporary administrative support services. On October 29, 2008 the Agreement was increased by $7,000, which brought the agreement amount to $22,000. On January 20, 2009 an amendment for $10,000 was approved. This amendment will bring the total amount of authorize work to $62,000. Additional administrative support is necessary for administration of current CIP projects such as Safe Routes to School, Bay Marina Drive Widening, Street Resurfacing, and Park Improvements. Additionally, administrative support will be necessary for the anticipated upcoming stimulus funded projects. Administrative duties include CIP invoice review and reconciliation on spreadsheets, typing, filing, phones, graphics reproduction, data entry and miscellaneous counter service. Environmental Review X N/A MIS Approval Financial Statement Approved By: 1 Finance Director Funds are available in account # 307-421-000-299-0000 ($20,000) and 345- 1-000-299 ($10,000) Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECO ENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Agreement Amendment (2 originals) man 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 AMENDMENT TO AGREEMENT WITH CPM LTD DBA MANPOWER OF SAN DIEGO IN THE NOT -TO -EXCEED AMOUNT OF $30,000 TO PROVIDE TEMPORARY ADMINISTRATIVE SUPPORT STAFF FOR THE ENGINEERING DEPARTMENT WHEREAS, on October 7, 2008, the City Council adopted Resolution No. 2008- 206, approving an agreement in the amount of $15,000 with CPM LTD DBA Manpower of San Diego to provide temporary administrative support staff for the Engineering Department; and WHEREAS, on October 29, 2008, the Agreement was increased by $7,000, and increased again on January 20, 2009 for $10,000; and WHEREAS, additional temporary administrative support staff is necessary for administration of current CIP projects, such as Safe Routes to School, Bay Marina Drive Widening, Street Resurfacing, and Park Improvements, and for the anticipated stimulus funded projects; and WHEREAS, the Engineering Department desires to extend the current agreement in the not -to -exceed amount of $30,000 for additional temporary administrative support staff, bringing the agreement amount to $62,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an amendment to agreement with CPM LTD DBA Manpower of San Diego in the not -to -exceed amount of $30,000 to provide additional temporary administrative support staff to the Engineering Department temporary administrative support staff. Said Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of March, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ADDENDUM C TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CPM LTD DBA MANPOWER OF SAN DIE(:O This Amendment to Agreement is made and entered into this 17'h day of March, 2009 by and between the CITY OF NATIONAL CITY ("CITY") and CPM LTD DBA MANPOWER OF SAN DIEGO, ("CONTRACTOR"). WHEREAS, the CITY has entered into an agreement with CPM LTD DBA MANPOWER OF SAN DIEGO on October 7. 2008 entered into an AGREEMENT to provide temporary administrative support services; and WHEREAS, the CITY desires to extend the not to exceed amount by $30,000. as shown in Addendum C (attached); and WHEREAS, the CONTRACTOR agrees to provide services. NOW, THEREFORE, THE PARTIES IIERETO DO MUTUALLY AGREE TO AMEND THE NOT TO EXCEED AMOUNT BY $30,000 FOR A TOTAL, CONTRACT AMOUNT OF $62,000. Each and every provision of the AGREEMENT entered into on October 7, 2008 shall remain in full force and effect. IN WITNESS WI IERIE.OF, the parties hereto have executed this Amendment on this 17th day of March, 2009. CITY OF NATIONAL CITY CPM LTD DBA MANPOWER OF SAN DIEGO By: By: i"L151----t3 — - Ron Morrison. Mayor APPROVED AS TO FORM: George 11. Eiser, 111 Legal Counsel Title: (3,,�,►.e,v 4r,.i, By: Title: _ CfO :AI)nr•;NI)t' l (' Supplemental Budget: this Addendum pertains only to the temporary employee assignment of Charles Marcus Alvarez. provided to The ('ity through Manpower. This supplemental hudget of $30,000 The City to extend Mr. Alvarez's assignment, billed at $25.60!hr., inclusive of all taxes and insurances. an additional 1,170 Hours to the original agreement between The City and Manpower dated 10/07i2008. Duration of Agreement: March 17. 2009 through 12: 31 12009, or until this supplemental hudget is depleted. whichever may occur tirst. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 17, 2009 AGENDA ITEM NO. 7 ITEM TITLE Resolution of the City of National City Council approving Amendment No. 3 to the agreement with Rick Engineering Company in the amount not to exceed $6,800 for surveying & staking services in conjunction with Bay Marina Drive Widening Project, and authorizing the Mayor to execute the amendment. (Funded by Tax Increment Fund) PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583 EXPLANATION The City entered into an agreement by Resolution No. 2008-69 on May 9, 2008 with Rick Engineering Company for design services. Amendment #1, (August 2008) in the amount of $24,600 to provide geotechnical services and prepare design development and construction documents to the Historic Train Depot parking lot brought the total contract to $395,197.00. Amendment #2, (September 2008) to the agreement was for design and preparation of specifications and plans for the Marina Way Storm Drain Project (specification 08-12) not to exceed $6,500.00 and brought the total agreement to $401,697.00. Amendment #3 (January 2009) was to prepare redline markups, conduct surveying, prepare application for the Ca. Public Utilities Commission, modify plans to close driveway, design sewer main, traffic engineering services to modify plans, update electrical plans and provide design services for miscellaneous modifications to plans and specifications for the amount of $33,675.00. This amendment #4 in the amount of $6,800 for surveying and staking services will bring the total authorized amount to $442,172.00. Environmental Review X N/A MIS Approval Financial Statement Approved By: FinancbOiretior Funds are appropriated in account number 511-409-500-598-3842 in the amount of $'6,800. Account No STAFF RECOMME ' ATION Adopt the Resolutio BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Amendment (2 Original copies) rid( A-200 (Rev. 7/03) Nome RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 4 TO THE AGREEMENT WITH RICK ENGINEERING COMPANY IN THE NOT -TO -EXCEED AMOUNT OF $6,800 FOR SURVEYING AND STAKING SERVICES FOR THE BAY MARINA DRIVE WIDEN►NG PROJECT WHEREAS, pursuant to the Disposition and Development Agreement with Marina Gateway Development company, LLC, and Sycuan Tribal Development Corporation, the City is required to install a storm drain on Marina Way; and WHEREAS, on May 6, 2008, the City Council adopted Resolution No. 2008-69, approving an agreement with Rick Engineering Company in the amount of $370,597 for civil engineering design services for the Bay Marina Drive Improvement Project; and WHEREAS, Amendment No. 1 to the Agreement in the amount of $24,600 was for geotechnical services and the preparation of design development and construction documents to the Historic Train Depot parking lot; and WHEREAS, Amendment No. 2 was for civil engineering design and preparation of specifications and plans for the Marina Way Storm Drain Project in the not -to -exceed amount of $6,500; and WHEREAS, Amendment No. 3 in the amount of $33,675 provided additional civil engineering design services for the Bay Marina Drive Widening Project; and WHEREAS, Amendment No. 4 in the not -to -exceed amount of $6,800 will provide surveying and staking services for the construction portion of the project, bringing the total agreement amount to $442,172. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Amendment No. 4 to Agreement with Rick Engineering Company in the not -to -exceed amount of $6,800 to provide surveying and staking services for the Bay Marina Drive Widening Project. Said Amendment No. 4 to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of March, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND RICK ENGINEERING COMPANY This Amendment to Agreement is entered into this 17th day of March, 2009, by and between the City of National City, a municipal corporation ("CITY"), and Rick Engineering Company (the "CONTRACTOR"). RECITALS A. The CITY and the CONTRACTOR entered into an agreement on May 6, 2008 ("the Agreement"), wherein the CONTRACTOR agreed to provide civil engineering design services for the Bay Marina Drive Improvement Project. B. The parties desire to amend the Agreement to provide additional design services to modify plan and specification changes. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on May 6, 2008, through the adoption of National City Council Resolution No. 2008-69, shall be amended by expanding the Scope of Services as set forth in the attached Exhibit "A", which is incorporated herein by reference. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated May 6, 2008, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor RICK EN c INEERING CO PANY Co +yation - ignatures o co • .rate officers) hip - o +e signet rietors ip - o ,vqodaM-CLJV (Print) e, a .,,.6. v1 , - f- V. APPROVED AS TO FORM: (Title) George H. Eiser, III City Attorney (Print) (Title) RICK I:N(;INI.ERING COMPANY Exhibit "A" Contract Addendum Rick Engineering Company Job No. 12861-N March 2, 2009 Addendum No. 5 Page 1 of 1 Ms. Maryam Babaki City of National City 1213 National City Boulevard National City, California 91950 JOB DESCRIPTION: BAY MARINA DRIVE / MARINA GATEWAY STREETSCAPE By signing below as indicated, Rick Engineering Company is authorized to expend an additional $6,800.00, bringing the total amount authorized as of this date to $442,172.00, to perform work in conjunction with our contract dated May 6, 2008. Additional Scope of Work: Provide one set of stakes for the following: 1. Demolition and saw cut for limits of contraction and saw cut lines. (Fee: $1,050.00) 2. Sewer/water will be staked at approximately 25' intervals and include all horizontal and vertical changes in alignment. (Fee: $750.00) 3. Dry utility stakes will be set for electric facilities. Stakes will he set to control all primary structures and streetlights. (Basis: 1,900 linear feet.) (Fee: $2,100.00) 4. Curb and berm will he set at 50-foot intervals and include all horizontal and vertical changes in alignment. (Basis: 800 linear feet and include ADA ramps.) (Fee: $1,400.00) 5. 'Traffic signal stakes for the relocation of the traffic signal standards of the signal modification at the intersection of Bay Marina Drive and Marina Way. (Fee: $700.00) 6. Locate necessary points along limits of proposed l.ithocrete crossings. (Fee: $800.00) All other provisions of the original contract are to remain unchanged. Authorizetbv: RICK I:NG E:IZIN(i 'OMP Y Signature I t John 1 . Goddard. J Approveby: CITY OF NA'IIONAI. CITY Signature: 33037 Date: March 2. 2009 Title: Associate Principal Date: "Title: JLX;:KVM:si:K:Job Files\12861\ddcnda\Add 4 City of National City, California COUNCIL AGENDA STATEMENT r , EETING DATE March 17, 2009 AGENDA ITEM NO. 8 ITEM TITLE A Resolution of the City Council of the City of National City accepting the work from Healey Construction Co. approving the final contract amount of $406,205.56 and authorizing the filing of a Notice of Completion for the Foodland Facade Improvements. Funded by Tax Increment. PREPARED BY CHARLES NISSLEY EXPLANATION Please see attached page with explanation. DEPARTMENT Engineering EXT.4396 Environmental Review X N/A MIS Approval ^ / Financial Statement Approved By: Fina'Y ce Director The final amount ($406,205.56) is within the estimated budget for this project ($485,349.00). Funding is available through Account No. 511-409-500-598-3731 Account No. STAFF RECOMM D TION Adopt the Resol BOARD / COMMI ION RECOMMEN TION N/A I ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Final Contract Balance Change Order 3. Notice of Completion A-200 (Rev. 7/03) �.. EXPLANATION The Foodland Facade Improvements, Specification number 06-04 was completed. The original contract amount was $290,326.00. The contract amount has been increased by the amount of $115,876.56 due to change orders 1 through 18. The allocated funds for the project were increased by an amount not to exceed $195,023.00 by the Community Development Commission on September 4, 2007 by Resolution Number 2007-218. The contract work was completed within the adjusted budget total of $485,349.00. The work includes the original contract work and all work as required in the eighteen approved change orders. The final project cost was for $406,205.56 and is under the budgeted amount of $485,349.00. This latter amount includes the construction bid price of $290,326.00 plus all change order work. Healey Construction Co. performed professional contacting service and workmanship in painting of the facade, installation of the screen for roof top equipment, the installation of the steel tower, clock face, awning, FOODLAND lettering, the electrical work, and masonry work. 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. Nrow RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK FROM HEALEY CONSTRUCTION COMPANY IN THE FINAL AMOUNT OF $406,205.56, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION WITH THE COUNTY RECORDER FOR THE FOODLAND FAQADE IMPROVEMENT 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 Healey Construction Company for the Foodland Facade Improvement Project has been completed, the City Council of National City hereby accepts said work and 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 March, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney FINAL CONTRACT BALANCE CHANGE ORDER No. C(.)1 CO2 CO3 C04 (X)5 C, O7 CO8 CO9 DATE: March 5, 2009 TO: PROJECT: Foodland Facade Improvement Project Healey Construction Co. David K. Healey, Owner 1545 Tidelands Avenue National City, CA 91950 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: DESCRIPTION OF' CHANCE: $290,326.00 October 3, 2006 January 30, 2009 This change order is written to balance and finalize the amounts for said project. Item Description Item Unit Item Cost Qty Unit Price Construct Foodland Facade Improvements. 303 Highland Avenue Remove and Replace Front Entry Concrete lJse of Color Additive in Concrete Mixture LS LS LS Asphalt Leveling Course 1 '/ to 4 inch Overlay Replace Damaged Awning Relocate Electrical Conduit on Roof Seal Coat Parking Lot Install Two 20 Amp Circuits Change in Steel Tower Design and Relocate Roof Vents Excavate Unsuitable Soil and Replace with 1mprt C01 0 Additional Time on Steel Tower C01 1 Change in Anchor Bolts for Tower Tie Down CO12 Steel Tower Modifications LS LS LS 1'S LS LS LS LS I,S CO 13 Change in Wedge Anchor for Screen Tie Down C014 Install Insulation "rape for Noise Reduction LS LS LS 1 Adjusted ContractTotal_- Previous New Contract Contract Total Total $290,326.00 $0 $4021.32 $290,326.00 1 $1,229.18 $294,347.32 $2,992.25 $295,576.50 $1,468.64 $298,568.75 $1,208.84 $2,679.24 $4,388.43 $2,055.20 $300,037.39 S301,246.23 $303,925.47 $4,373.76 $308,313.90 $310,369.10 $2,527.44 $314,742.86 $31,182.33 $317,270.30 $9,090.83 $348,452.63 $40,060.45 $2,380.54 $290,326.00 $294,347.32 $295,576.50 1 $298,568.75 $300,037.39 $301,246.23 $303,925.47 $308,313.90 $310,369.10 $357,543.46 $397,603.91 $314,742.86 $317,270.30 1 $348,452.63 $357,543.46 $397,603.91 $399,984.45 Page 1 FINAL CONTRACT BALANCE CHANGE ORDER No. C(515 C016 C017 —cc )18 Item Descrtion item Item Cost Unit city Unit Price Vertical Channel Supports For Clock "Power Top Support Frame Change to 2 Inch Welded Steel Tube Add % inch Steel Rod to Support System Credit Back To City DISCUSSION: Added line items: LS LS LS 1 LS L Adjusted Contract Total Previous New Contract Contract 'Total $3,395.63 $2.120.00 $399,984.45 $403,380.08 $1,980.48 $1275.00 $405,500.08 $407,480.56 No additional line items have been added after Construction Change Order Number Eighteen dated January 15, 2009. CONTRACT ADJUSTMENT: As a result of this change order, the contract price is adjusted as follows: 1. As per Construction Change Order Number Eighteen, the final contract price to date remains $406,205.56. 2. As a result of the satisfactory completion of said project, a retention balance for $39,473.06 is set for invoice processing and payment upon the receipt of required signatures and City Council's ratification of this agreement and the Notice of Completion. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Healy Construction Company will not be entitled to damages or additional payment for delays as described in the 1997 edition of the Standard Specifications for Public Works Construction, Section 6- 6.3, for performing the work as described above. RECOMMENDED FOR APTROVAI, BY: Charles Nissley SR. CIVIL. ENGINEERING TECIINICiAN Total $403,380.08 $405,500.08 1 $407,480.56 1 $406,205.56 Page 2 FINAL CONTRACT BALANCE CHANGE ORDER REVIEWED BY: Din Daneshfar, P.E. DATE PRINCIPAL CIVII. ENGINEER Maryam abdki, P.E. CITY GINEER ACCEPTED BY: Healey ConstyGction Co• DATE CONTRACTOR APPROVED BY: City of National City Resolution Number: DATE RFCORI.)ING REQUESTED I3Y VVIII N RECORDED ED MAIL. TO NAMF: CITY OF NATIONAL CtIY ADDRESS. 1243 NAIIONAI, CITY BOULEVARD NATIONAL ('ITY, ('A 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL (ODE.. SECTION 3093 NOTICE IS HERI I3Y GIVEN of the completion on January 30, 2009, of the Foodland Project. Work of improvement or portion of work of improvement under constriction or alteration. 303 Ilighland Avenue National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Grant Deed 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 I lealey Construction, Co. Name of Original Contractor The following work and material were supplied: Laborer Groups, Scaffolds,. Lifts, Trucks, and Painting Supplies, installation of Awning, Roof Screen, Strengthen Wall, Install Steel Frame Tower and Decrative Clock, Paint exterior of building, Repair Roof and Install Artwork. (;eneral statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: Mike N. and Mona Dallo 5075 Federal Boulevard, San Diego, Ca. 92102 Joint tenants, tenants in common, or other owners Dated: , 2009; Signature of Owner City of National City, 1243 National City Blvd., National ('ity, 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. I declare under penalty of perjury that the forgoing is true and correct. Executed on , 2009, at , California. Signature: RON MORRISON, MAYOR CITY OF NATIONAL CITY FOODLAND FACADE IMPROVEMENTS PROJECT Specification No. 06-04 HEALY CONSTRUCTION COMPANY PROJECT COST SUMMARY 2/17/2009 No. Item Quantity Units Unit Price Amount ORIGINAL CONTRACT 1 CONSTRUCT FOODLAND FACADE IMPROVEMENTS 303 HIGHLAND AVENUE 1 LS $290,326.00 $ 290,326.00 CHANGE ORDERS CO1 Remove and replace concrete at front entry 1 LS $4,021.32 $ 4,021.32 CO2 Add color to concrete mix 1 LS $1,229.18 $ 1,229.18 CO3 Asphalt leveling course (1 1/2 to 4 inch overlay) 1 LS $2,992.25 $ 2,992.25 C04 Replace damaged awning 1 LS $1,468.64 $ 1,468.64 C05 Relocating of electrical conduit on roof 1 LS $1,208.84 $ 1,208.84 C06 Seal coat parking lot to blend with overlay 1 LS $2,679.24 $ 2,679.24 C07 Installation of two 20 Amp circuits 1 LS $4,388.43 $ 4,388.43 C08 Chance in steel tower design and relocate vents 1 LS $2,055.20 $ 2,055.20 C09 Excavate unsuitable soil and replace with import 1 LS $4,373.76 $ 4,373.76 CO10 Additional time on steel tower work 1 LS $2,527.44 $ 2,527.44 CO11 Change in anchor bolts for tower tie down 1 LS $31,182.33 $ 31,182.33 C012 Steel tower modifications 1 LS $9,090.83 $ 9,090.83 C013 Change in wedge anchor for screen tie down 1 LS $40,060.45 $ 40,060.45 C014 Insulation tape installation to reduce noise 1 LS $2,380.54 $ 2,380.54 C015 Vertical channel supports for clock support 1 LS $3,395.63 $ 3,395.63 C016 Tower top support change to 2" welded tube steel 1 LS $2,120.00 $ 2,120.00 C017 Add 1/2 inch steel rod to support system 1 LS $1,980.48 $ 1,980.48 C018 CREDIT BACK TO CITY 1 LS ($1,275.00) $ (1,275.00) FINAL CONTRACT TOTAL $ 406,205.56 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 17, 2009 AGENDA ITEM NO. 1ITEM TITLE Resolution of the City of National City Council authorizing the Mayor to execute a agreement with Infrastructure Engineering Corporation to provide the City with engineering consultant services in the "Not to Exceed" amount of $284,703 to perform an inflow and infiltration analysis and update the City's Sanitary Sewer System Master Plan. (sewer Service Fund). 9 PREPARED BY EXPLANATION Joe Smith, Director (Ext. 4587) See Attached Explanation Environmental Review , N/A Financial Statement DEPARTMENT Public Works Approved By: finance Director Staff requests to appropriate $284,703 in 125-422-222-213-000 from the Sewer Service Undesignated Fund balance Account No. STAFF RECOMMENDATION BOARD / COMMISSION RECOMMENDATION Adopt the Resolution authorizing the Mayor to enter into the agreement with Infrastructure Engineering Corporation. ATTACHMENTS (Listed Below) Resolution No. Resolution Agreement Proposal & Detailed Scope of Work Company profile & Business License A-200 (9/99) EXPLANATION: The Public Works Department is in need of a consultant engineering firm to perform an inflow and infiltration analysis and update the City's Sewer System Master Plan. The City's most recent sewer master plan effort was terminated in April 2002. 'The Sanitary Sewer Master Plan and Storm Sewer Evaluation for the City of National City (2002 Sewer Master Plan) contained wastewater flow projections based on population projections, a trunk sewer XP-SWMM hydraulic model utilized for capacity analysis, as well as a twenty (20) year Capital Improvement Program (CIP) to address system deficiencies. This document was never completed, and accordingly, never adopted by the City Council. On April 5, 2005 the City Council issued resolution No. 2005-64 authorizing the Mayor to execute a multiyear contract with Infrastructure Engineering Corporation to provide "as needed" engineering consulting services for the City's capital improvements project. Not only was Infrastructure Engineering Corporation the lowest bidder in the competitive bid process but staff also believes that because of Infrastructure Engineering Corporation's intimate knowledge of National City's sewer collection system they are best qualified to provide the engineering consultant services for the inflow and infiltration analysis and the update to the City's Sewer System Master Plan. For example; In July 2006, Infrastructure Engineering Corporation completed the Downtown Specific Plan Utilities Impact Report for the City in which they determined potential impacts that the Downtown Specific Plan will have upon City owned wastewater facilities. In July 2007, the City authorized Infrastructure Engineering Corporation to complete the City's Sewer System Management Plan (SSMP), as per State Water Quality Resource Control Board Order No. 20006-0003. The SSMP included updated wastewater flow projections for the 5 year, 10 year and 20 year (planning horizon) time -increments. These wastewater flow projections were developed on a parcel level utilizing Sweetwater Authority's water meter billing data, recommended return -to -sewer ratios, SANDAG population projections, the Downtown Specific Plan Wastewater Facilities Impact Report and the City's current land use zoning. Infrastructure Engineering Corporation also developed an H2OMap Sewer Hydraulic Model of the City's wastewater collection system, as well as a Draft Wastewater Capital Improvement Program (CIP) through the 20 year planning horizon. It was through these recent projects that Infrastructure Engineering Corporation became thoroughly familiar with the City's wastewater collection system including: existing facility and flow meter data, record drawings, atlas maps, hydraulic model, South Metro Interceptor capacity rights, and the City's AutoCAD and GIS databases. A-200 During the Sewer System Management Plan (SSMP) project a high amount of inflow and infiltration was detected in our northern basin (NC5). This flow if left unchecked will cause National City to pay higher sewer transportation and treatment fees to the City of San Diego. Staff believes it is in the hest interest of the City to perform an inflow and infiltration analysis. We also believe that with the information that we will gather from this analysis we will be able to update our Sewer System Master Plan for substantially less; approximately one quarter of the $1 Million originally budgeted for the never completed 2002 Sewer Master Plan. Specifically, the Sewer System Master Plan will contain the following critical elements: • Base Inflow and Infiltration identification in Basin NC5 including wet weather flow monitoring and video inspection. Current ADS Flow Meter Data at NC5 suggests 0.25 MGD of average daily wastewater flow that is unaccounted for when examining all Sweetwater Authority Water Billing data in the area. This unaccounted for wastewater flow from potential Base Flow infiltration is estimated to cost the City approximately $143,000 a year in treatment costs. • Video inspection, invert depths and National Association of Sewer Service Companies (NASSCO) compliant condition assessments of 20% of the City's Wastewater Collection System prioritized by capacity, cleaning frequency and outstanding hydraulic information in the City's GIS data. • GPS Survey of 20% of the City's manhole elevations. These rim elevations, in conjunction with the manhole depths obtained during the condition assessments, will allow Infrastructure Engineering Corporation to populate all missing invert elevations in the City's GIS data. • Updated "house counts" associated with each ADS flow meter, which are currently utilized in allocating cost of treatment and current capacity to the City. • Review and update the City's design criteria including peak dry and wet weather flow curves as well as per capita wastewater duty factors. Infrastructure Engineering Corporation will also suggest new land use based duty factors. • A Rehabilitation and Replacement Program for the City, which will include the development of a Priority Replacement Scoring Index that prioritizes gravity main replacement based on the video inspection reports, condition assessments, projected hydraulic capacity, diameter, and operations history. Infrastructure Engineering is familiar with the City's engineering development and design requirements. Based upon the staff's request Infrastructure Engineering Corporation has provided a proposal and detailed scope of work to assist Public Works with the required services. This scope of work is consistent with the City's engineering planning needs. The fee for performing the work is a "Not to Exceed" amount of $284,703 and will be funded by the Sewer Services Undesignated Fund balance. A-200 RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT IN THE NOT -TO -EXCEED AMOUNT OF $284,703 WITH INFRASTRUCTURE ENGINEERING CORPORATION TO PERFORM AN INFLOW AND INFILTRATION ANALYSIS AND UPDATE THE SANITARY SEWER SYSTEM MASTER PLAN WHEREAS, the City desires to employ a consultant to perform an Inflow and Infiltration Analysis and update the Sanitary Sewer System Master Plan; and WHEREAS, the City has determined that Infrastructure Engineering Corporation is qualified by experience and ability to perform the services desired by the City, and Infrastructure Engineering Corporation is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Infrastructure Engineering Corporation in the not -to -exceed amount of $284,703 to perform an Inflow and Infiltration Analysis and update the Sanitary Sewer System Master Plan. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of March, 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 INFRASTRUCTURE ENGINEERING CORPORATION THIS AGREEMENT is entered into this 17th day of March, 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Infastructure Engineering Corporation, a engineering and construction management consulting firm (the "CONSULTANT") RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide Inflow and Infiltration Analysis and update the Sanitary Sewer System Master Plan. WHEREAS, the CITY has determined that the CONSULTANT is a engineering and construction management consulting 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 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 he performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 30% from the base amount. 3. PROJECT COORDINATION ANI) SUPERVISION. Joe Smith hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Jeff Kirshberg 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 $284,703 without prior written authorization from the CITY. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with 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. The term of this agreement begins March 17, 2009 and terminates October 01, 2010 as 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 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 CI I'Y's prior authorization regarding 2 City's Standard Agreement 2009 revision 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 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 CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the 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(S) 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 or the CONSULTANT'S agents, servants, or employees are not 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 CONSULTANT, 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 3 Citv's Standard Agreement -2009 revision of its SUBCONSULTANT(S), 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. 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 he limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 4 City's Standard Agreement -2009 recision 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. 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 he 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 purchasc and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: 5 City s Standard Agreement 2009 revision M 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 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. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and 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. 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 6 City's Standard Agreement 2009 revision 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 judgement 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. 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 7 City's Standard Agreement 2009 revision 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. A11 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: Joe Smith Director of Public Works City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONSULTANT: Jeff Kirshberg Infastructure Enginering Corporation 5242 Katella Ave, (Suite 205) Los Alamitos, CA 90720 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, 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 8 City's Standard Agieeaient -2009 revision 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. n 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 he 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 he of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 9 l'ity's Standard Agreement - 2009 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 By: Ron Morrison, Mayor INFRASTRUCTUR ENGINEERING CORPORATION (Corporation - signatures of two corporate officers) (Partnership one signature) (Sole proprietorship one signature) APPROVED AS TO FORM: (Print) (Title) George H. Eiser, III City Attorney By: /` -4' j�/�%,4"G( (Name) Abzis-r (Print) Cr (Title) 10 City's Standard Agreement •-2009 revision September 10, 2008 Joe H.A. Smith Director of Public Works Public Works Department 2100 Hoover Ave National City, CA 91950 Reference: Sewer System Master Plan Dear Mr. Smith: In accordance with your request, Infrastructure Engineering Corporation (IEC) is pleased to submit this proposal to assist the City of National City (City) in completing a Sewer System Master Plan. With wastewater flow projections and the Wastewater Capital Improvement Plan (CIP) recently completed as part of the Sewer System Management Plan (SSMP), IEC proposes to develop a Sewer System Master Plan which incorporates the following key items: D. Video inspections, measured invert depths and National Association of Sewer Service Companies (NASSCO) compliant condition assessments of 20% of the City's Wastewater Collection System, prioritized by capacity, cleaning frequency and outstanding hydraulic information in the City's GIS data. Figure 1 presents the gravity mains to be inspected and assessed by our subcontractor, Affordable Pipeline Services. ➢ GPS Survey of 20% of the City's manhole elevations, also identified in Figure 1. These rim elevations, in conjunction with the manhole depths obtained during the condition assessments, will allow IEC to populate all missing invert elevations in the City's GIS data. ➢ Base Inflow and Infiltration identification in Basin NC5, including wet weather flow monitoring and video inspection. ➢ Updated "house counts" associated with each ADS flow meter that is currently utilized in allocating cost of treatment and current capacity to the City. ➢ Review and update the City's design criteria, including peak dry and wet weather flow curves, as well as per capita wastewater duty factors. IEC will also suggest new land use based duty factors. ➢ A Rehabilitation and Replacement Program for the City, which will include the development of a Priority Replacement Scoring Index that prioritizes gravity main replacement based on the video inspection reports, condition assessments, projected hydraulic capacity, diameter and operations history. ➢ An updated Capital Improvement Program (CIP) which addresses the identified hydraulic deficiencies. 301 Mission Ave., Suite 202, Oceanside. CA. 92054 T 760.529.0795 F 760.529 0785 www.iecorporation.com Exhibit A 11 Mr..Joe 11.A. Smith September 10, 2008 Page 2 of 2 We propose to complete this project on a time and material basis not to exceed $284,703. Upon receipt of a notice to proceed, IEC can begin this project immediately. Please feel free to contact Jeff Kirshberg anytime on his mobile phone at (858) 472-8351 if you have any questions. Very truly yours, Scott Humphrey Senior Project Manager cc: Torn Frank, IEC Jeff Kirshberg, IEC r% .40 UNDERSTANDING The City of National City (City) provides sewer service to the arca generally within its corporate limits, and receives inflows from the City of San Diego and the United States Navy in route to the regional South Metro Interceptor. National City has approximately 97 miles of sewer collection pipes that drain westerly to the Metro Interceptor, and ultimately to the Point Loma Wastewater Treatment Plant. There are four significant wastewater basins within the City that contribute flow to the National City wastewater collection system: NC2, NC3, NC5 and NC7M. The City is responsible for the maintenance, operations and management of all sewer collection systems that transport flows generated within the City. The City's most recent sewer master plan effort was performed by PBS&J, and was terminated in April 2002. The .Sanitary Sewer Master Plan and Storm Sewer Evaluation for the City of National City (2002 Sewer Master Plan) contained wastewater flow projections based on population projections, a trunk sewer XP-SWMM hydraulic model utilized for capacity analysis, as well as a twenty (20) year Capital Improvement Program (CIP) to address system deficiencies. PI3S&J also converted the City's Atlas Sewer Maps and Invert Book into Geographic Information Systems (GIS) format (ssewerpipe2.shp and ssmh2.shp). IEC is in the process of completing the City's Sewer System Management Plan (SSMP), as per State Water Quality Resource Control Board Order No. 20006-0003. The System Evaluation and Capacity Assurance Program (SECAP) component of the SSMP, included updated wastewater flow projections for the 5 year, 10 year and 20 year (planning horizon) time -increments. These wastewater flow projections were developed on a parcel level utilizing Sweetwater Authority's water meter billing data, recommended return -to -sewer ratios, SANDAG population projections, the Downtown Specific Plan Wastewater Facilities Impact Report and the parcel's zoning. IEC also developed a H20Map Sewer Hydraulic Model of the City's wastewater collection system, as well as a Wastewater Capital Improvement Program (CIP) through the 20 year planning horizon. With wastewater flow projections and the Wastewater CIP recently completed as part of the SSMP, IEC proposed to develop a Sewer System Master Plan for the City which focuses on the following critical elements: • Video inspection, invert depths and National Association of Sewer Service Companies (NASSCO) compliant condition assessments of 20% of the City's Wastewater Collection System, prioritized by capacity, cleaning frequency and outstanding hydraulic information in the City's GIS data. Figure 1 presents the gravity mains to be inspected and assessed. • GPS Survey of 20% of the City's manhole elevations, also identified in Figure 1. These rim elevations, in conjunction with the manhole depths obtained during the condition assessments, will allow IEC to populate all missing invert elevations in the City's GIS data. • Base Inflow and Infiltration identification in Basin NC5, including wet weather flow monitoring and video inspection. • Updated "house counts" associated with each ADS flow meter, that are currently utilized in allocating cost of treatment and current capacity to the City. • Review and update the City's design criteria, including peak dry and wet weather flow curves, as well as per capita wastewater duty factors. IEC will also suggest new land use based duty factors. • A Rehabilitation and Replacement Program for the City, which will include the development of a Priority Replacement Scoring Index that prioritizes gravity main replacement based on the video inspection reports, condition assessments, projected hydraulic capacity, diameter and operations history. Our Scope Services inclutj s the following tasks: i-3 i DETAILED SCOPE OF WORK l ash I Perform Project :Alanageinent IEC will include the use of management control tools and emphasize client communication. Prior to the implementation of the project, IEC will develop an initial project management and control plan. This plan will include: project instructions, which establish the project goals, schedule, task assignments and communication protocol; project work plan, which merges the scope of services with project milestones and individual task assignments for schedule and budget; and a project cost control program which establishes the benchmark and reporting methodology for the ongoing assessment of project completion and budget Client communication will be maintained by the Project Manager. The Project Manager will coordinate all project activities within the project team and will be responsible for the development of progress submittals, will attend project coordination meetings, and will be responsible for the development of deliverables and status reports. 'bask 2 (:onduct Project :Alectint;s and Establish Project (;0als The Consultant will meet with City staff to establish the goals, needs, and desires of the Sewer System Master Plan, confirm project objectives, discuss approach and criteria, establish departmental contacts and lines of communication, and discuss data availability. In addition, we will meet with the City to decide on a mutually agreeable digital deliverable format for ease of use throughout this project. In addition to the Project Kick -Off Meeting, IEC anticipates six (6) other project status meetings to be conducted at appropriate times through out the project schedule in order to ensure that all City comments and concerns are continually addressed Task 3 Data Collection & Review A review will be conducted of previous reports by the City and/or consultants to the City relating to planning and sewer engineering, including. 2002 Sanitary Sewer Master Plan and Strom Water Evaluation for the City of National City (2002 Sewer Master Plan), all GIS data files developed by PBS&J during their previous master planning effort, SANDAL population projections, ADS flow meter data maintained for the City of San Diego, any relevant specific plans (Le Downtown Specific Plan), the SewerSystem Management Plan (SS MP), and any existing inter -agency agreements between the City and the City of San Diego pertaining to capacity rights in the South Metro Interceptor. On behalf of IEC, the City will request water billing data from Sweetwater Authority in shapefile format. A data/document inventory will be maintained that lists the data/documents received from the City, the date received, and if the data needs to be returned to the City. This inventory will be updated as new information is received and supplied to the City at status meetings. Task 4 Condition Assessment and CCTV of 2(r.0 of the Citv's (Gravity Mains IEC and Affordable Pipeline Services will conduct a CCTV video inspection and condition assessment of 111,000 ft of the City's Gravity Mains, as identified in Figure 1. As a subcontractor, Affordable Pipeline Services will capture and log video files, and perform condition assessments compliant with the National Association of Sewer Service Companies (NASSCO) standardized system. Condition assessments for each pipeline will include tabular and graphic reports indicating the NASSCO Structural Conditions (Break in Pipes, Collapse, Cracks, Fracture, Deformation, Displaced joints, open joints) and NASSCO Service Conditions (Defective laterals, roots, grease, encrustation and scale, silt, infiltration, obstruction, line deviations, water level +20%) in each pipeline. Structural and Service Total, Mean Defect, Peak and Mean Pipe Scores will also be developed. Finally, Affordable Pipeline Services will also measure and log an invert depth for each of the 439 manholes identified in Figure 1, with two (2) invert depths recorded for the 23 manholes with potential overflow alignments, also identified in Figure 1. These I t1 depths, in conjunction with the run elevations measured in Task 5, will be utilized to update all invert elevations currently missing in the City's GIS data. Affordable Pipeline Services' costs are based on length of gravity main and unit costs per foot, and include developing the required traffic control permits, although it is assumed that the City will pay all associated traffic permit fees and provide additional traffic control assistance, should the need arise. Cleaning costs arc not included, as a majority of pipelines are not anticipated to require cleaning prior to video inspection. For those pipelines that do require cleaning, such as FOG hot spots, it is assumed that the City will perform the necessary cleaning. Cost estimates include the 101,O00 ft of pipeline identified in Figure 1, as well as an additional 10,000 ft to be identified as part of Task 6, Base Flow Identification. As shown below, three (3) separate unit costs were utilized in developing costs for this Task: • $0.81 per foot for typical CCTV and Condition Assessment (55,(x)0 ft) • $0.98 per foot for CCTV and Condition Assessment in areas with high traffic, easement access difficulties and/or requiring night-time inspection (46,750 ft). • $1.15 per foot for CCTV and Condition Assessment for pipelines greater than or equal to 18" diameter and/or located on Navy Property (9,250 ft). "Task 5 CPS Survey of Ritn I lcvations of 2U' of the Citv's Sewer Manholes IEC will determine the rim elevation of the center of 439 City manholes, as identified in Figure 1. Rim elevations, measured to within +/- 0.1 ft, will be obtained through a GPS land survey, conducted by a California Licensed Professional Land Surveyor (P.L.S.). These rim elevations, in conjunction with the invert depths measured in Task 4, will be utilized to update all invert elevations currently missing in the City's GIS Maps. `o.w Task 6 Base inflow and Infiltration ldentibcation in Basin NC5 In order to identify inflow and infiltration within Basin NCS, IEC will attempt to collect wet weather wastewater flow data at six (6) sites for a period of 28 days, as illustrated in Figure 2. It is best to collect this data in January through March, as it is more likely to capture a rain event during these months. IEC will generate a separate flow monitor report for these sites, which will include the following. • Manhole Inspection Images • Site Data Summary o Depth o Velocity o Flow • A flow versus time graph • A velocity versus depth scattergraph • A flow rate vs. depth scattergraph • Tabular Data (Flow, Depth, Velocity) Based on the flow meter results, IEC: will identify and locate any excessive inflow and infiltration entering Basin NC5. IEC anticipates that this will require an additional four (4) wet weather flow monitor sites and 10,000 ft of video inspections and condition assessments. Exact locations of these pipelines and flow monitor sites will be determined once the initial six (6) wet weather flow monitor data has been analyzed. aSk 11u1:atc 1 luusr (, unn >u1(.1 ( t c,t l rc aunt nt II?C will update the City's "house counts" associated with each ADS flow meter, and currently utilized in allocating cost of treatment and current capacity to the City. IEC will base these new house counts of visible data collected on public right-of-way, and create a series of Maps and Tables summarizing these counts. After incorporation of City comments, IEC will assist the City in submitting the updated house counts to the appropriate agencies, as identified by the City. '1 ask $ l .pdatc (;IS 1)ata, Hydraulic draulic Aludcl and Capital 1n pro v mcnt Program IEC will update the City's GIS data utilized in the Sewer System Management Plan (SSM1, originally developed by PBS&J as part of their previous master planning effort (sscwerpipe2.shp and ssmh2.shp), with the manhole depths and rim elevations collected in Tasks 4 and 5, respectively. If applicable, an updated wastewater system map and will be provided in draft form to City Staff for comment and correction. IEC will import the updated wastewater facility information into the hydraulic modeling software, Ha0Map Sewer. IEC will utilize the wastewater flow projections developed as part of the SSMP projections for the 5 year, 10 year and 20 year (planning horizon) time -increments. These wastewater flow projections were developed on a parcel level utilizing Sweetwater Authority's water meter billing data, recommended return -to -sewer ratios, SANDAG population projections, and the parcel's zoning. If instructed by the City, IEC will update these projections to account for specific plans and development identified since the completion of the SSMP. IEC will review the City's sewer system design criteria, including peaking curves and per capita duty factors, as well as allowable d/D ratios and maximum and minimum velocities during peak dry and peak wet weather flow conditions. Wet and Dry Weather Peak Curves will be developed for peak dry and peak wet weather flows based upon existing ADS flow information, as well as data collected in Task 6. IEC will develop new residential and employment per capita duty factors based on existing wastewater flow projections, and SANDAG population projections. In addition, IEC will develop a series of land use duty factors, based on existing wastewater flow projections and zoning information. IEC will utilize steady-state, wet -weather, hydraulic model results to identify any Existing, 5 year, 10 year and 20 year (planning horizon) deficiencies. For wastewater facilities identified as deficient, recommended replacement facilities will be evaluated based on projected 20 year (planning horizon) wastewater flows. Initial model results of the existing time increment will be calibrated with available flow monitoring and pump station data. Based upon the findings, adjustments may be made in the model for final calibration, and the modeling simulation regenerated. IEC will update the Wastewater Capital Improvement Program (CIP) through the 20 year planning horizon, developed as part of the SSMP, which clearly outlines the findings of City's deficiencies, priorities, and related sewer system costs. A comprehensive list of Capital Improvements that address both existing deficiencies and future needs based upon projected wastewater flows will be included in the CIP. The CIP will be phased and prioritized based upon the Existing, 5 year, 10 year and 20 year (planning horizon) costs. Recommended wastewater system improvements will include pipeline, pump station and force main improvements necessary to meet existing and future flows. Engineers construction cost estimates will be developed for each capital project that includes cost for design, construction, and administration. Estimates of probable capital costs provided will represent Order of Magnitude level costs as established by the American Association of Cost Engineers (AACE) and represent an accuracy of +50% to -30%. Task Ilt•hal>ilitaticnl a1Rl Rtilac-cnic-nt 1'ic rani IEC will develop a Rehabilitation and Replacement Program for the City, which will include the development of a Priority Replacement Scoring Index that prioritizes gravity main replacement based on the video inspection reports, condition assessments, projected hydraulic capacity, diameter and operations history. IEC will summarize the phasing and prioritization of the Rehabilitation and Replacement Program with associated Base Maps and Tables. Task 10 Prclrarc Sewer St stcni 'Master Plan and Presentation IEC: will prepare a Sewer System Master Plan for the City. The Sewer System Master Plan will contain an Executive summary that summarizes the key components of the master plan. The Sewer System Master Plan will be designed to read well to non -technical staff, members of the board of directors, and the general public. Five (5) draft copies of the Sewer System Master Plan will be submitted to the City for review and comment. Upon incorporation of all City comments, five (5) final copies will be submitted to the City. In addition, one electronic copy of the Sewer System Master Plan in adobe .pdf format will be submitted to the City. The electronic copy will include all figures contained in the original Sewer System Master Plan. IEC will present the findings of the Scwer System Master Plan to the City at a time and location to be determined by the City. 6 ANC l MC4 Figure A NC]# NCI, ♦ r .. Figure C NMI -A 1 1 0 NC16 �aP. I Feet 2,000 4,000 Figure B Legend ♦ Flow Monitor • Multiple Depths to be Recorded Manhole to be GPS Surveyed Manhole Force Main Gravity Mains ----•- Unable to Satisfy Design Criteria - Insufficient Hydraulic Information - Grease Problem Area National City Pipeline County Pipeline Figure D css City of National City Sewer System Master Plan Pipes and Manholes Recommended for CCTV and GPS Survey September 2008 Fig( Legend I 1 I Feet 0 1.000 2,000 ♦ Flow Monitor • Multiple Depths to be Recorded • Manhole to be GPS Surveyed Manhole Gravity Mains -- Unable to Satisfy Design Criteria - Insufficient Hydraulic Information - Grease Problem Area National City Pipeline County Pipeline NC6 ♦ 462, NC9M 5zo7 lso2 Delta St Taos Ln O1 464 4'5_. Bucky Ln - Scott D11915 4453 463 ,, 4•-- \\Jta/ M�°to F Ct 442 4p 1�w1e1oo SS�2,,, Fig 459 460^.-"••' 3100 500 Eta St 458t3 453�_..•' � /450 452•� 509 i-��51 1 NC7M 9, 3101 1879 _084 Nordics Ave 5 Cottonwood Flood Control Gamma St d Q La Posada St 1'F5L 6 • 46 4 t4 u 1 3 36 342 424 l7 g $ 61< t 9 630 •"�� b 1a4 y 817 ^'f•�16110 a 0rvd r 8173't PLC ONO 455 1 128 ' * 307 .--� 90 5L 158 1�2 ( NC6 226 O� t 148 144 J 45at ....• \ 145" „,....I t 129 •� 159 1313 {r13. 13v7 905t 1E Sl 1309� 6•�4 1299 d 133 \11Y1 337 e 29° • 12lh SL 22 �338 1286 1alh Sl 134t 236 S 3, 128' : 5 237 „3/ 12Lh 5L IJ`Y` 87 \tih St 276„6; Cent° t pt C,v�c t 556 587.E 58� `5585 a NC4M ♦ 295 843a 840.4"." 411h SL 5000 390/ \ ca 1249 5168 'LaY 198 5177` 6147 \ 343 378 16 117 118 197 1237 1ST St to 0 1260 Y T m 1258 1258a 61 1lh SL ` 69 ` 63 50 553 1312.,--' 1325 573 243 `42 241 51 7 ▪ 13 12Lh 5` 5'3\r S '220 1203 51 1SmSt 50 51 538 636 �"•"_..+.�. 2351 408 ' 407at407 c a r 1 406 169 1954 1953 ta5L m 530 468,. -.... 1071 127 1069_.. •:.. 1067.-r 1068 9lh Sl AoLh 5l 1380 p 1349 t 3.18 1012 O t405t 1020 632 398 • 1 23:. 330 229 City of National City Sewer System Master Plan Pipes and Manholes Recommended for CCTV and GPS Survey September 2008 Figure 1A e St 56c s58 2.1 St D 7th St FC♦.•____ 63 63 Plaza Blvd 9f z59 7286 141h SI 151h St A.79 C t . 484 y 4R+ 481 3 0 0 „ast a aoaatla StG"rna St ,a se CS N j. 4«0 452 4,..53 45-,.5 460 46701940n St482 453 464 455 466 .67 465 1879 451 509 Seta Sr e 'VDhe St Y C 343 040 241 T. 553 m 13.:Z o3P -_..7325 _.....,� E 63 1g58 •...`. 35 ♦ .09 "1 w 11 40ia0> 12th St 13th St 4i6 e9 77�8'+6^ '2867, 5th St 6th St JI8 1333 0 0 13501 7349 1346 11072 17th St tern St 7054 1954 1 D A Terry St 41 702, 10th St 9C1 St 469 470 Norfolk St D 2 530 a ,37 336 531 534 1. Mafose St 1st St 2nd St are St 'r9 „• . ., 107, ''0,3 2:74 a m g. itth St 0 0 3 5th St 7086 I7b1 344 &h St (143 . r� S ;t3 1440r 1a ....a0' v 1g04 06 ; 7406 .4.. '4 rM 74y6 . d .41.: 14 ..,i � 1 q0� 7470 ''417._..•'S ii 74107h St 7433 <>,. 12th 5t 7359 t 1301 St ►35g s 8 102 1354 5'81 13 35i £7 699 3516 464 800 8009 352 354 809 81 871.5 0 872a 611 j 216 :79.--1.-46/41229thit °� 22 22nd St 4� < 14th St >C4 *i60> 7601 st 7696 5`67 6 7th St ..7q,�1..1«3g.... '"0 16th 5t _ 69 20M St 19th 5t 4 59- ' Harbison Way 7„ Lou St Peach Blossom St Cherry Blossom St Paradise Ave 7th St 3 tas Gt .�44` So r• 7.94 1.7544 S4 4 75A� ' Q 54� a Mehl �'cq e 755. S 3. .` Fieo V>i0a 01 PI Net 'b A' r Ranger Rd �_•' out or te9eFpyMoni ••MMu11ipleOepth s to b e Manno/e aohote to be GpS 54yeYeqGra�! MainsANaghanyst `insufficient rInorn7atpna- . Unable to Satisfy O stA easeProb✓emAea._ ...-... to,»acS7Bs 64�oed vars1 ��CN04anoaCl Pipeline Pipeline `r2cabtes St lic ty .Atbemane St. City of/Vat/ono/ f/Vat/onat .,`City $ewee Systeth Plan pjpe and Manholes dfor CCTV and GS Survey adSetnber7008Ft 120 St 87 C1V�Ce 81°f NC4M ♦ 295 f, 640a 4O' 160 S1 tro St 1 b Legend‘ 364 ♦ FlowtOnitor • Multiple Depths to be Recorded °; • Manhole to be GPS Surveyed Manhole Force Main Gravity Mains 18673 ---- Unable to Satisfy Design Crtteria - Insufficient Hydraulic Information Grease Problem Area National City Pipeline County Pipeline `87 1961 St 927 /1t 298 { 33e 1286 1A111 St , 236 285/• t 1283 '60 St +. ze± 2333 I VsGt1260 1. 1258 258a tat St 5000 3801 ` O •4. 1299 118 22^° St 928 9286 261n St 32^d 51 337 120 St 95 1249 5188\ e4, 198 q� \ 51771 6147 343 116 117 6302 943 • NC3A NC3B • a 197 25t1+ St 1237 1203 1185 1,168 21at5t 1220 1' 86 1164 166 11 953 9 955 956 95°0 810 957 m 2t°t S` 9 c 81/• 1161 4011. ,9 1140 •` t`OU 265' 5t 175'' 21m5t 174' 834a 6 2 g1 171/ 172 1117 1 m 169,� 17p 1120 926 551 • 173,,.r 11.5 1119 815 168a 1680 1118 n 550 ,,,5.� 649 552 168 924 stet St 195, NC2 331°st 32 ty6 St 179' �97 1793a / 03 17 17 � R 251h St 669 059 .� 632 69' \`1^ 678 `10 577 1'55\ 676 4 634 ' 831 a sots St 1800-2.....' 35 ^.,' id • 398 St Rosela0^ 23tb`?t 1144„ 5 / 5�4/ 0 972 973 WOar O, 971 993 327 670 666 26t11 St O ',PAT' St 22^0 5` 374 207 21. 226 .126 112' l I Feet 1,000 2,000 671 667 1800' r"^ 4 J' Stata 1791' 1800 City of National City Sewer System Master Plan Pipes and Manholes Recommended for CCTV and GPS Survey September 2008 Figure IC 1356•-... � �" 0�0., i 15" yA '355 3 75. ,y 42otVnac St Cvv� �( 36� 4a 766 28 1°< E181 3520 �i� _ 767 575 277 3s< .3' s4 76e NC12�e1esst 81 S 7427f 70�'..... 7- "rr� 18lh cal 500 82 500 810 812a 606 v 81<" 216 -2 i3,0 216 t:.606 `182 OP St St 6 5 Q St e. 1st, 220 221.6 213\ t 6660`4 04 \ 522 22nd Sl `22 212 < _ 1/ 207/ 208 • Potmas J1e Lpe 607 2ett15t 200st Fenton PI y Sweetwater Ro 'i;39 7-no St 0 17:3 176' ♦ dy 1755 -- • • NC13 '..Z 1637 4 82.. " 1804 ~-^,J63�`535 N 58' 1756\ 0 803.. '629 i17 180'. a\4180,.. •. 1.802 _...: N C 16 I (Feet 1,000 2,000 ti ,81e1 rie Stems NC8M. 1892a`�' �6049 NC16 'Ay 703 702A 73 702 •- `'-.,738 Legend ♦ Flow Monitor • Multiple Depths to be Recorded • Manhole to be GPS Surveyed Manhole Gravity Mains •— Unable to Satisfy Design Criteria - Insufficient Hydraulic Information -- Grease Problem Area National City Pipeline County Pipeline ,. 1866F 2011 1855D 856E 1856H 18561 '855J 1555. S561( 1555 City of National City Sewer System Master Plan Pipes and Manholes Recommended for CCTV and GPS Survey September 2008 Figt. Now 1104., T NC6 Legend . ADS Flow Monitor • Proposed Flow Monitor o Manholes Gravity Main National City Pipeline County Line !Feet 500 1,000 262 r 262a zs2b9th St 279 27.9b ' 420 NC4M 8 64en Tidelands Ave P y40 263 275 45g3a St 1r 44 b FM 1 6111 1853 39/ 427 //�1 424 27/ 815 5i05 13 425 o p 147 152 8341 O) 0 0 833 Z. ci) 814 � 7 7 Z. � Z. 830 yJ 144 617/ \\611C 817a 250 146 272 288 17th st (0 273 274 280 4359 5149 87i0 FM,2 905 5162 6109 142 5161 101a 13.1 5155 1334 p5159 5154' ` O 98,0 135 5170 6150 87a o 97/0 5171 105-0 FM 4 FM 5 262 282a 5172 \ 10 sivA 1205 109--* 5173 gth St 140a--"° 145/903 7 904 \5163 0 14012th St 139- 137 138 5164 5165 \ 5166 123 Aio St 5167 5168 5174 5175 122 5176 114 Sf 15 5177 City of National City Sewer System Master Plan Proposed Flow Monitor Sites September 2008 Figure 2 23 JU Y 2008 HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Professional Engineering Intern/Technician $ 63 CADD Designer I/Engineer I $ 95 Graphic Designer $ 105 CADD Designer II / Engineer II $ 105 CADD Designer I1I / Engineer III $ 115 Designer/Project Engineer $ 125 Senior Project Engineer $ 147 Senior Project Engineer Planning & IS$ 170 Project Manager $ 170 Senior Project Manager. $ 180 Principal $ 185 Principal Planning & IS $ 195 Surveying Principal Surveyor $150 Project Surveyor ...$125 Field — 2 Man Crew .$170 Administrative Administrative Clerk $ 53.00 Word Processor/Admin. Support $ 68.00 *Construction Construction Inspector $ 105 Senior Construction Inspector $ 115 Resident Engineer $ 130 Construction Manager $ 155 Sr. Construction Manager $ 165 CM Coordinator $ 90 Asst CM Coordinator $ 70 Flow Monitoring Senior Field Technician $ 90 Field Operations Manager $ 120 Project/Data Manager .$ 125 Sub -consultants will be billed at cost plus 10% unless specified otherwise in the agreement. Reimbursable Costs Reproduction, special photography, postage, delivery services, express mail, printing, travel, parking, and any other specialty services performed by subcontractor will be billed at cost plus 15%. Mileage will be billed at the current IRS allowed rate. * Field personnel rates arc inclusive of vehicle, mileage, phone, computer, ctc. f Fee Proposal City of National City flower System Master Plan INFRASTRUCTURE ENGINEERING CORPORA 00N Subtask Number Sublask Description Summary Classification Senior Project MenegeNPdrelpal (Planning8 IS) Senior Pro/ed MenagerAs4nc/pel (Des/gn) Senior Project Engineer (Planning & IS) Project Surveyor Engineer I/CAD Operator ltbrd Processor Subtssk Labor -Hours Subtask Labor Coot Direct Cost Subcontract Total Cost Rota 5195.00 5180.00 $170.00 8125.00 595.00 $68.00 Management 24 40 64 811 480 111,480 1 Perform Project Meetings Establish Protect Goals 3 7 7 17 $2 440 5700 83140 2 Conduct Project and iDete Review 2 40 42 54,140 5100 $4 240 3 Co9sctlon and A CCTV of 20% of the Chy's Gravity Mains (110,000 R) - - - 1101,003 4 Condition ment and Condition Adseemant (55,000 tt) - 544 550 Typcel CCTV end H Equal to 18- Diameter end/or Located on Navy Property (9.250 R} $10.638 Greater than or Rim Elevations of 20% of the City's Sower Manholes (431 Manholes) 2 8 120 130 516.750 5500 $17,250 5 GPS of Inf1Rratlon Identification In Basin NC5 4 24 40 68 58,660 892,660 6 Base Inflow and Flow Monitoring ten Mee 560.000 2 28 Day at (10) Flow Monitoring Contingency et ten (10) dies $24,000 I I 26 Day 85,660 Counts Cost Treatment 2 5 40 0 $5.550 5100 7 Update House and of Hydaulic Model Capital Improvement Program 8 40 120 188 519780 $19,760 8 Update GIS Data, and Replacement Program 4 24 60 108 $12.460 $12.460 9 Rehabll0ation and Muter Plan Presentation 8 40 80 128 115.960 81.100 $17,060 10 Prepare Sewer System and TOTAL - HOURS 55 0 103 820 407 0 725 TOTAL -COSTS 810,725 10 832,e10 815,000 $38,e65 50 �l $97,200 $86,500 $101,003 $284,703 9/92006 CITY OF NATIONAL CITY SEWER SYSTEM MASTER PLAN 10 Taak Toot I • P... •ro....rtadernent 2 Fosk 3— Cond.it 44a. sod 52144 n Pro.. 00,41 3 Task 3— Or. ColratIon a. RorPow 4 Task 4 • C ssssss mont CCTV •1 TO% of C14..13404 Mal. 5 Took . • OPS Survey *IP. Pls... ol 20% of City. S.. Montralo. • Took I • 14.• In.. end 454•11. klanitficallen 1710,10 PCS T Ta•k T • Ueekolo Nous• Co rm. ang C of Traohnant . Took . • Up.. COI Oa.. PreravIro 0•41,740411.1 Irroare.monl Program Took 9 • 41.1. sssss 11414.4T0 10 T.. .0 • Prepare 4.r •yolorp kfirster Plan onelhoes.arrrrn Stort T. S'inag PROJECT SCHEDULE IEC Thu 3/5/09 'PPP.F:FF 1557 .. Jul';5.40011*sr iOcobe- . Neve.. Dosmo, sr • '17F.1}110.106 AO ir1.44i4oir2214145 Iieia51/4 MI 0/13g409i2T10/40/OM 0T2 1,14v.PI .1,21,21.2,12, =14110.1M tit,111. 3143ri,20L4 0.;iito 274 4. Turo 3/17/0. 41310110 35 Oa. T. VMS M. 5.1/09 1214. Mon P.M Thu 15/1/01) 129 doy. Pon 4/11:011 Tho 1011/00 129 4. Mon 441,39 Thu 10/1/0/ 114. Mon 10,109 Fri 10/23/01 *5 do. Mon 10.01 41124/09 23 do. 00o12,r33 110/10 104. 00/n1r11/10 PTI 4210 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YY) 03/06/09 PRODUCER 0A99520 Cavignac & Associates B Street, Suite 1800 4✓ San Diego, CA 92101-8005 INSURED Infrastructure Engineering Corporation 14271 Danielson Street Poway, CA 92064 1-619-234-6848 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RJGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA Travelers Property Casualty Company of America_ INSURER Travelers Casualty Insurance Company of America IINSURERC.ACE American Insurance Company INSURER D INSURER E.. COVERAGES THE ANY MAY POLICIES. INSR' LTR POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. FOR THE POLICY RESPECT TO WHICH TO ALL THE TERMS, POLICY EXPIRATION DATE IMM/DD/YYl PERIOD INDICATED. THIS CERTIFICATE EXCLUSIONS AND CONDITIONS ; LIMITS NOTWITHSTANDING MAY BE ISSUED OR OF SUCH TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM/DD/YYl A iGENERALLIABILITY I6808190L668 02/13/09 02/13/10 EACH OCCURRENCE .$1,000,000 X COMMERCIAL GENERAL LIABILITY i FIRE DAMAGE (Any one f re) . $ 1,000,000 _ 1 CLAIMS MADE L Xl OCCUR rsMED EXP (Any one peon) [MED $ 10,000 X Contractual Liability PERSONAL 1,000,000 X Separation of Insureds I GENERAL AGGREGATE ...$ $ 2,000,000 GENT_ AGGREGATE LIMIT APPL IES PER. PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY I X JECT i I LOC ; Deductible None IIr A AUTOMOBILE LIABILITY BA0643M522 02/13/09 02/13/10 COMBINED SINGLE LIMIT $ 1,000,000 X I ANY AUTO (Ea accident) 1 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ — HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per acciden0 $ PROPERTY DAMAGE --.-. — (Per accdent) $ ~ GARAGE LIABILITY i AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ r.J AUTO ONLY. AGG ....._—... _.._. S EXCESS UABILITYj EACH OCCURRENCE $ OCCUR I I CLAIMS MADE AGGREGATE -----------1 T$ — DEDUCTIBLE RETENTION $ $ B WORKERS COMPENSATION AND UB5863Y986 02/13/09 02/13/10 X I WCSTATORY 17-L._.I TH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT _ $ 1, 000, 000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICYLIM)T $ 1, 000,000 OTHER C Professional Liability G23636268001 02/13/09 02/13/10 Each Claim $1,000,000 Claims made, defense Aggregate $2,000,000 costs included w/in limit $ DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: 2009 Sewer System Master Plan; IEC Project #031.NATL.0017. The City of National City, its elected officials, officers, agents and employees are named as additional insureds as respects general liability and auto liability per attached forms. Waiver of subrogation in favor of the City of National City applies as respects Workers Compensation per attached form. CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER CANCELLATION 10 days notice of cane. for non-payment. City of National City Attn: City Attorney 243 National City Blvd. '470 ational City, CA 91950 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25-S (7/97) Katherine 11285206 O ACORD CORPORATION 1988 Certificate Delivery by CertificatesNow - www ConfirmNet com - 877 669.8600 TRAVELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) POLICY NUMBER: UB5863Y986 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) 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. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS COMPLETED A WRITTEN AGREEMENT TO PROVIDE THIS WAIVER. 01 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- ment, the provisions of the Coverage Form apply unless modified by the endorsement. The following is added to the Section II — Liability Coverage, Paragraph A.1. Who Is An Insured Pro- vision Any person or organization that you are required to include as additional insured on the Coverage Form in CA T4 37 08 08 a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage. but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II © 2008 The Travelers Companies. Inc Page 1 of 1 POLICY NUMBER: 680e19oL668 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Coverage Part, but only with respect to liability for "bodily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or C. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to the additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. e. This insurance does no apply to the rendering of or failure to render any "professional services". f. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV)• However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other CG D3 81 09 07 insurance that is available to such additional insured which covers such additional insured as a named Insured, and we will not share with the other insurance, provided that (1) The "bodily injury" or "property damage' for which coverage is sought occurs, and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage' or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. 2007 The Travelers Companies, Inc. Includes copyrighted material of Insurance Services Office. Inc., with its permission Page 1 of 1 30 THIS`DOCUMENT'HASrASTRUEOEF..ENSA^" WATERMARKANDVISIBLE :FII3ERE; DISCERNIBLE;FROM .BOTH SIDES • v • 1. \ • BUSINESS LICENSE CERTIFICATE PURSUANT TO CITY ORDINANCE THIS LICENSE IS HEREBY GRANTED FOR THE TERM & PURPOSE STATED TYPE OF BUSINESS B BUSINESS ADDRESS 14271 DANIELSON ST BUSINESS NAME ATTN: MAILING ADDRESS NON TRANSFERABLE CAL'iIORNIA gate of Expiration: 12/31/2009 AL Ciryt INFRASTRUCTURE ENGINEERIN&'t ORF'E 14271 DANIELSON ST POWAY, CA 92064-8818 POST IN A CONSPICUOUS PLACE Finance Director THIS `DOCUMENTIS'ALTERATION , PROTECTED AND'REFLECTS FLUORESCENTFIBERS UNDER UV LIGHT` KEEP FOR YOUR RECORDS BUSINESS TAX RECEIPT License No. 65489 B ADMR TOTAL $200 00 $10 50 $210.50 31 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 17 2009 10 AGENDA ITEM NO. (1--- TEM TITLE Resolution of the City of National City Authorizing the Mayor to execute the Second Amendme to Supplemental Memorandum of Understanding Regarding Payment of Environmental Analysis Fees for the San Diego Regional Enterprise Zone (Amendment) between the City of National City, the City of Chula Vista, the City of San Diego, and the Redevelopment Agency of the City of San Diego which provides for the City of San Diego to pay for the additional costs up to $12,500 for a total contract amount up to $103,500. PREPARED BY DEPARTMENT Alfredo Ybarra (ext. 4279) Community Development Community Development Manager Housing and Grants Division EXPLANATION In August of 2006, the following Partners, Chula Vista. San Diego, and National City, submitted a "San Diego Regional Enterprise Zone" (SDREZ) Application to the State of California. This application was given a conditional approval effective October 15, 2006 through the State's Housing and Community Development Department pending final designation of a completed Environmental Impact Report (EIR). On June 19, 2007, the CDC of National City approved a contract with Pacific Municipal Consultants (PMC) for $91,000 to provide the Environmental Impact Report (EIR) required by the State for the final designation of the San Diego Regional Enterprise Zone (SDREZ). The City of San Diego had agreed to fund 80% of the cost, not to exceed $72,800, and the CDC of National City had agreed to fund 20% of the cost, not to exceed $18,200. The City of San Diego has reimbursed the City of National City for the actual contracts cost of $72,799.73. The Amendment between the CDC, City of San Diego, City of Chula Vista, and the Redevelopment Agency of the City of San Diego, provides for the City of San Diego to pay for the additional costs up to $12,500 for a total contract amount up to $103,500. These increase costs were due to extra staff work by PMC to respond to City of San Diego related written comments concerning the EIR. PMC has invoiced the City of National for the additional costs of $12,200 (see related item). As a result, the City of San Diego will reimburse the City of National City for the actual additional costs of $12,200. There are no additional costs to the City in relation to this amended agreement. environmental review 1v/A mpproveu Dy: Finance Director Financial Statement There is no fiscal impact associated with this request. 1> STAFF RECOMMENDATION Adopt resolution rATTACHMENTS 1. Background Report ,iii, 2. Agreement 3. Resolution Resolution No. A-200 (9/80) ATTACHMENT 1 BACKGROUND REPORT In August of 2006, the following Partners. Chula Vista, San Diego, and National City, submitted a "San Diego Regional Enterprise Zone" (SDREZ) Application to the State. This application was given a conditional approval effective October 15, 2006 through the State's Housing and Community Development Department pending final designation of a completed Environmental Impact Report (EIR). This new SDREZ designation is a long-term (15 year) partnership between local governments and private companies to generate new private sector investment and growth with the state providing performance -based tax credits and incentives to Enterprise Zone businesses to: I) promote "smart growth" by revitalizing chronically deteriorated areas; 2) hire the most difficult to hire residents in private sector jobs; and 3) retain, expand, and reward businesses that participate in these objectives. As stated in the FIRST MOU with the "Partners", National City agreed to contract with Pacific Municipal Consultants (PMC) for $25,000 to provide environmental consulting services related to the submittal of the Application in compliance with the requirements of the California Environmental Quality Act (CEQA) guidelines. Partners negotiated and agreed to terms for each jurisdiction's share of PMC's contract to provide the Initial Study and Notice of Preparation. Those services totaled $15,063. On June 19, 2007, the Partners requesting to enter into a new Agreement with PMC to provide the Environmental Impact Report required by the State for the final designation of the SDREZ. The cost for the EIR was estimated at $91,000. The City of San Diego had agreed to fund 80% of the cost, not to exceed $72,800, and the CDC of National City had agreed to fund 20% of the cost. not to exceed $18,200. The City of San Diego has reimbursed the City of National City for the actual contract cost of $72,799.73 The Second Amendment to the Memorandum of Understanding allows costs to increase by an additional $12.500 for a total contract amount of up to $103,500. The actual costs increased by only $12.200 for a total contract amount of $103,200. During the course of obtaining public comments, the City of San Diego received many public comments concerning the EIR. 1'he increase of $12,200 is a result of extra staff work by PMC to respond to City of San Diego related written comments concerning the EIR. As a result, the City of San Diego has agreed to pay for the additional costs of $12,200. There are no additional costs to the City in relation to this amended agreement. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING REGARDING PAYMENT OF ENVIRONMENTAL ANALYSIS FEES FOR THE SAN DIEGO REGIONAL ENTERPRISE ZONE BETWEEN THE CITY OF NATIONAL CITY, THE CITY OF CHULA VISTA, THE CITY OF SAN DIEGO, AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN DIEGO, WHICH PROVIDES FOR THE CITY OF SAN DIEGO TO PAY FOR ADDITIONAL COSTS FOR AN AMENDMENT TO AGREEMENT WITH PACIFIC MUNICIPAL CONSULTANTS IN THE NOT -TO -EXCEED AMOUNT OF $12,200 FOR ADDITIONAL TIME TO COMPLETE THE SDREZ EIR WHEREAS, the City of National City, the City of Chula Vista, the City of San Diego, and the Redevelopment Agency of the City of San Diego (the "Partners") entered into a Supplemental Memorandum of Understanding (MOU) to the First MOU Allocating Environmental Analysis Fees for the San Diego Regional Enterprise Zone on June 19, 2007, for the limited purpose of allocating financial responsibility of environmental analysis fees for the San Diego Regional Enterprise Zone ("SDREZ"); and WHEREAS, on September 17, 2006, the Community Development Commission of the City of National City executed an agreement with Pacific Municipal Consultants ("PMC") in the amount of $91,000 to prepare and submit an Environmental Impact Report ("EIR") to the California State Department of Housing and Community Development ("HCD") for final designation of a SDREZ; and WHEREAS, the Supplemental MOU provides that the total contractual fiscal obligation to PMC would not exceed $91,000, of which the City of San Diego was responsible for an amount not -to -exceed $72,800; and WHEREAS, on October 16, 2007, the First Amendment to the Supplemental MOU regarding Payment of Environmental Analysis Fees for the San Diego Regional Enterprise Zone was executed for the sole purpose of designating the agencies responsible for payment of San Diego's portion of the environmental analysis fees for the SDREZ; and WHEREAS, an amendment to the original agreement with PMC in the not -to - exceed amount of $12,200 is necessary due to the additional time needed to respond to the City of San Diego's related public comments concerning the EIR; and WHEREAS, a Second Amendment to the Supplemental Memorandum of Understanding regarding payment of Environmental Analysis Fees for the San Diego Regional Enterprise Zone provides that the City of San Diego is financially responsible for the payment to the City of National City of the additional $12,200 for the Amendment to Agreement between the City of National City and Pacific Municipal Consulting, and that the City of San Diego reimburse the City of National City from funds which were previously allocated for the SDREZ EIR process. Resolution No. 2009 — March 17, 2009 Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Second Amendment to Supplemental Memorandum of Understanding Regarding Payment of Environmental Analysis Fees for the San Diego Regional Enterprise Zone between the City of National City, the City of Chula Vista, the City of San Diego, and the Redevelopment Agency of the City of San Diego, which provides that the City of San Diego shall reimburse the City of National City from funds which were previously allocated for the SDREZ EIR process for the additional cost of the Amendment to Agreement between the City of National City and Pacific Municipal Consultants for additional time to complete the SDREZ EIR. PASSED and ADOPTED this 17th day of March, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney viol SECOND AMENDMENT TO SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING REGARDING PAYMENT OF ENVIRONMENTAL ANALYSIS FEES FOR THE SAN DIEGO REGIONAL ENTERPRISE ZONE THIS SECOND AMENDMENT TO SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING is made by and between the City of San Diego [San Diego], the City of National City [National City], the City of Chula Vista [Chula Vista], all municipal corporations [hereinafter collectively "the Partners" or "the Partnership"), and the Redevelopment Agency of the City of San Diego [San Diego Redevelopment Agency]. a public body corporate and politic, [hereinafter collectively "the Parties".] RECITALS WHEREAS, the Partners entered into a Supplemental Memorandum of Understanding [MOU] to the First MOU Allocating Environmental Analysis Fees For the San Diego Regional Enterprise Zone on June 19, 2007, for the limited purpose of allocating financial responsibility of environmental analysis fees for the San Diego Regional Enterprise Zone [SDREZ]; and WHEREAS, on September 17, 2006, the Community Development Commission of National City executed an agreement with Pacific Municipal Consultants [PMC] in the amount of $91,000.00 to prepare and submit an Environmental Impact Report [EIR] to the California State Department of Housing and Community Development [HCD] for final designation of a SDREZ: and WHEREAS, the Supplemental MOU provides that the total contractual fiscal obligation to PMC would not exceed $91,000.00: and WHEREAS, of the total obligation of $91,000.00, San Diego was responsible for an amount not to exceed $72,800.00: and Page 1 of 3 WHEREAS. on or about October 11, 2007 the First Amendment to the Supplemental MOU regarding Payment of Environmental Analysis Fees for the San Diego Regional Enterprise Zone was executed for the sole purpose of designating the agencies responsible for payment of San Diego's portion of the environmental analysis fees for the SDREZ; and WIIEREAS, on January 4, 2008, the draft EIR was published for public review and the written replies necessitate additional staff time to complete the EIR process; NOW THEREFORE. in consideration of the terms and conditions set forth below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 1. Maximum Contract Amount: The maximum contract amount shall be increased in the amount of $12,500.00 for work to complete the SDREZ EIR for a total contract amount of $103,500.00. The additional $12,500.00 shall be paid by San Diego from funds which have previously been allocated for the SDREZ EIR process. 2. Agreement between National City and PMC: National City shall amend its agreement with PMC for the additional contractual obligation of $12,500.00. IN WITNESS WHEREOF, each Partner agrees to abide by the terms of this SECOND AMENDMENT TO THE SUPPLEMENTAL MOU and hereby executes the same by and through its duly authorized representative. THE CITY OF SAN DIEGO Date: By Scott Kessler Deputy Director City Planning and Community Investment Approved as to form and legality: By Kimberly K. Kaelin, Deputy City Attorney Page 2 of 3 THE CITY OF CHULA VISTA Date: /c> /3c-> to % By Approved as to form-aa4By Date: March 17, 2009 Scott Tulloch, Interim City Manager Bart Miesfeld, Interim City A orney THE CITY OF NATIONAL CITY By Chris Zapata, City Manager City Manager Approved as to form and legality: By George Eiser, City Attorney THE REDEVELOPMENT AGENCY OF THE CITY OF SAN DIEGO Date: By Janice Weinrick Deputy Executive Director City Planning and Community Investment Department Approved as to form and legality: By Carol Leone, Deputy City Attorney Page 3 of 3 THE CITY OF CHULA VISTA Date: /v /20 /u z- By Scott Tulloch, Interim City Manager Bart Miesfeld. Interim City A orney THE CITY OF NATIONAL CITY Date: By Brad Raulston, Executive Director, Community Development Commission of the City of National City Approved as to form - By Approved as to form and legality: By George Eiser, City Attorney THE REDEVELOPMENT AGENCY OF THE CITY OF SAN DIEGO Date: By Janice Weinrick Deputy Executive Director City Planning and Community Investment Department Approved as to form and legality: By Carol Leone, Deputy City Attorney Page 3 of 3 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 17, 2009 AGENDA ITEM NO. 11 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZIN\ THE MAYOR TO EXECUTE A SIX MONTH OPTION TO EXTEND CONTRACT WITH TOM MOYNAHAN TOWING COMPANY AND WITH JC TOWING FOR TOWING AND IMPOUND SERVICES FOR THE CITY PREPARED BY Lt. Keith Fifield (Ext. 4514) DEPARTMENT EXPLANATION The towing companies signed a contract with the City for tow services for the City. A Request for Proposals was issued by the City Council in November 2005. The current contract terminates on March 31, 2009. The contract may be renewed contingent on a mutual agreement between the City and the tow companies for six month periods, up to four periods. The City and the tow companies desire to renew the existing contract for one, six month period, beginning on April 1, 2009 and ending on September 30, 2009. The Police Department will be conducting an analysis of our current tow company contracts, during the next six months, to determine if another six month extension should be granted or if it would be best to enter into a competitive process for a new tow contract. The two tow companies divide the month in half to receive an equal number of service days. After the analysis is complete, it will be submitted to the City Manager's Office for review and then to the Mayor and Council for final approval. Environmental Review I 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. Renewal Agreements A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE TOW AGREEMENTS WITH TOM MOYNAHAN TOWING COMPANY AND WITH JC TOWING FOR TOWING AND IMPOUND SERVICES TO EXTEND THE TERM OF EACH AGREEMENT SIX MONTHS, FROM APRIL 1, 2009 TO SEPTEMBER 30, 2009 WHEREAS, on April 1, 2006, the City entered into an Agreement for Towing Services with JC Towing, and on the same date, entered into an Agreement for Towing Services with Moynahan Towing; and WHEREAS, said Agreements expire March 31, 2009; and WHEREAS, both Agreements may be renewed contingent on a mutual agreement between the City and the tow companies for six-month periods, up to four periods; and WHEREAS, the City and the tow companies desire to extend the existing Agreements for a one six-month period, beginning April 1, 2009 and ending on September 30, 2009. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Amendments to the respective '411r.. Agreements for Towing Services between the City, JC Towing, and Moynahan Towing, in order to extend the terms for a six-month period, from April 1, 2009 to September 30, 2009. Said Amendments to Agreements are on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of March, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ADDENDUM TO AGREEMENT BY AND BETWEEN CITY OF NATIONAL CITY AND JC TOWING, INC. FOR SD( MONTH OPTION TO EXTEND TOWING AND IMPOUND SERVICES AGREEMENT FOR THE PERIOD OF APRIL 1, 2009 TO SEPTEMBER 30, 2009 Pursuant to Section 3.0 through 3.3, Terms of Agreement, Options, and Re -Openers of the Towing and Impound Service Agreement (the "Agreement") of April 1, 2006 to March 31, 2009, the parties hereto agree to and thereby exercise their option to extend said Agreement for a six month period, commencing on April 1, 2009 and terminating on September 30, 2009. With the foregoing exception, each and every provision of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto agree to and execute their Option to Renew the Towing and Impound Services Agreement for a six month period for the dates first above written. The parties represent that they have the authority to enter into this extension agreement as the company's authorized representative. CITY OF NATIONAL CITY JC TOWING, INC. By: Ron Morrison, Mayor APPROVED AS TO FORM: Jo/ Doucette Senior Assistant City Attorney City of National City ADDENDUM TO AGREEMENT BY AND BETWEEN CITY OF NATIONAL CITY AND MOYNAHAN TOWING FOR SIX MONTH OPTION TO EXTEND TOWING AND IMPOUND SERVICES AGREEMENT FOR THE PERIOD OF APRIL 1, 2009 TO SEPTEMBER 30, 2009 Pursuant to Section 3.0 through 3.3, Terms of Agreement, Options, and Re -Openers of the Towing and Impound Service Agreement (the "Agreement") of April 1, 2006 to March 31, 2009, the parties hereto agree to and thereby exercise their option to extend said Agreement for a six month period, commencing on April 1, 2009 and terminating on September 30, 2009. With the foregoing exception, each and every provision of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto agree to and execute their Option to Renew the Towing and Impound Services Agreement for a six month period for the dates first above written. The parties represent that they have the authority to enter into this extension agreement as the company's authorized representative. CITY OF NATIONAL CITY MOYNAHAN TOWING By: Ron Morrison, Mayor APPROVED AS TO FORM: Jo s t t- . ucette Se . r Assistant City Attorney City of National City City of National City, California COUNCIL AGENDA STATEMENT `.,,,AEETING DATE March 17, 2009 12 AGENDA ITEM NO. ITEM TITLE tt arrant ' egis er or e peno• o Amount of $1,011,288.03 PREPARED BY D. Gallegos -Finance EXPLANATION. roug DEPARTMENT Finance Jeanette Ladr 619-336-43 31 Per Government Section Code 37208, attached are the warrants issued for the period of 02/11/09 through 02/17/09. In The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Tristar Health Net Mile of Cars Morgan Square Public Emp Ret Sys SDG&E Check# 225334 225400 225413 225415 225424 225429 Amount 59,473.96 69,868.21 67,572.61 126,701.85 268,539.72 57,152.04 Explanation Workers' Comp Emp Ins — Feb 09 Approtionment Apportionment PPE 02/09/09 Utilities 1 Environmental Review Financial Statement Not applicable. N/A Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $1,011,288.03 BOARD/ COMMISSION RECOMMENDATION 1. Warrant Register #34 ATTACHMENTS (Listed Below) Resolution No. A-200 (Rev. 9/80) 1 of 6 INCORPOBATEn' WARRANT REGISTER # 34 2/17/2009 Payee Description chk no chk date Amount BIG 7 MOTEL. "TEMPORARY HOUSING 225333 2/12/09 539.00 TRISTAR RISK MANAGEMENT WORKER'S COMP REPLENISHMENT 225334 2/12/09 59,473.96 AI.AMEDA READS TRAVEL. (AMERICORPS I.S'1'A/CNCS YR6) 225335 2/17/09 516.60 ARF.VALO EXPERT SVC (AMERICORPS CNCS YR6 225336 2/17/09 75.00 AT & T MOBILITY WINGS CELL. PHONE. 225337 2/17/09 112.27 I3ORUNDA TREATS FOR FAMILY LITERACY NIGIIT. 225338 2/17/09 21.94 BREEDEN-JOHNSON TRAVEL (AMERICORPS LSTA/CNCSYR6) 225339 2/17/09 479.60 DEL NORTE UNIFIED SCHOOL, I)IST FINGER PRINTING FOR 2 AMERICORPS 225340 2/17/09 83.00 HAMIDEH "TRAVEL. (AMERICORPS LSTA YR6) 225341 2/17/09 1.76 'TERACYWORKS AMERICORPS - LIVING ALLOWANCES. 225342 2/17/09 48,000.00 `LOONEY DOONEY PRODUCTIONS EXPERT SERVICE(LIT SERVCS YR6) 225343 2/17/09 150.00 MARISCAL TRAVEL. (AMERICORPS LSTA/CNCS YR6) 225344 2/17/09 468.60 NUNEZ TRAVEL(AMERICORPS LSTAYR6) 225345 2/17/09 379.08 OBAIA EXPERT SERVICE (LIT SRVCS YR6) 225346 2/17/09 150.00 SCHNEIDER TRAVEI. (AMERICORPS CNCS YR6) 225347 2/17/09 143.39 SPRINT VIDEO CONFERENCING/LONG DISTANCE 225348 2/17/09 28.53 STRATEGIC RESOURCE COMPANY/ I IEALTI!CARE- AMERICORPS MEMBERS 225349 2/17/09 2,111.00 THE GOOD DEED ORGANIZATION MAT/SUPPLIES (AMERICORPS CNCS YR6) 225350 2/17/09 2,215.00 THE PENWORTHY COMPANY I300KS (WOW 329 YR6) 225351 2/17/09 85.39 BRODART LIBRARY AUTOMATION 225352 2/17/09 1,291.92 CALIFA GROUP PROQUEST ON-LINE DATABASE 225353 2/17/09 3,969.00 CHILDREN'S PLUS INC. BOOKS -READING IS FUNI)AMENTAI. 225354 2/17/09 444.19 CORPORATE EXPRESS MOP #45704 OFFICE SUPPLIES 225355 2/17/09 23.41 DELL MARKETING CORP COMPUTER DELL OPTI 360 DESKTOP 225356 2/17/09 9,818.96 ')UCATIONAL DEVELOPMENT 1300KS-READING IS FUNDAMENTAL 225357 2/17/09 291.45 1 2 of 6 WARRANT REGISTER # 34 2/17/2009 Payee Description chk no chk date Amount LASER SAVER INC MOP #45725 INK CARTRIDGE 225358 2/17/09 173.78 MIDWEST TAPE DVD'SNIDEOS/PROCESSING SUPPLIES 225359 2/17/09 675.76 NOLO PRESS, INC. REFERENCE BOOKS 225360 2/17/09 32.87 OMNIGRAPHICS, INC. REFERENCE BOOKS 225361 2/17/09 105.93 RANDOM HOUSE, INC. REFERENCE BOOKS 225362 2/17/09 494.23 SIRSIDYNIX LIBRARY AUTOMATION MAINTENANCE 225363 2/17/09 396.23 U.S. POSTMASTER POSTAGE FOR OVERDUE NOTICES 225364 2/17/09 336.00 XEROX CORPORATION BASE CHARGES AND OVERAGES 225365 2/17/09 557.24 I800-RADIATOR RADIATOR 225366 2/17/09 156.60 3T EQUIPMENT COMPANY, INC. 3 PIN > 6 PIN SCREW ON PIGTAIL 225367 2/17/09 121.9' AIRGAS-WEST MOP #45714 MATERIALS 225368 2/17/09 313.59 ALL FRESH FOOD/CONSUMABLES 225369 2/17/09 1,248.23 AMERICAN ROTARY BROOM CO.. INC MOP #62683 SWEEPER REPAIRS 225370 2/17/09 229.74 ARC() GASPRO PLUS FUEL, FOR CITY FLEEI. 225371 2/17/09 19,159.14 AT & T MOBILITY DISCOUNT- TRADE IN 225372 2/17/09 9,392.26 CALIFORNIA BAKING CO. BREAD PRODUCTS 225373 2/17/09 228.00 CAPPO INC ANNUAI, CAPPO MEMBERSHIP 225374 2/17/09 130.00 CHEROKEE PRODUCTIONS INC TUITION:PUBLIC INF OFFCR COI.IRSE 225375 2/17/09 295.00 CNTAS DOCUMENT MANAGEMENT SIIREDDING OF (3) 64 GALLON 225376 2/17/09 72.95 CITY OF CIIULA VISTA ANIMAL SHELTER COSTS 225377 2/17/09 8,418.51 CITYGATE ASSOCIATES, I.I.0 CONSULTANT FEES FOR FIRE DEFT 225378 2/17/09 7,990.00 CLEARS INC CLEARS 2009 MEMBERSHIP 225379 2/17/09 30.00 CORPORATE EXPRESS MOP 45704 PRINT CTRGS - PD 225380 2/17/09 873.44 COUNTY CLERK COUNTY OF S I) NOTICE OF EXEMPTION 225381 2/17/09 50.00 COUNTY OF SAN DIEGO PERMIT RENEWAL 225382 2/17/09 390.0' 2 3 of 6 Payee cAiLF RN-. INCURPORATED WARRANT REGISTER # 34 2/17/2009 Description chk no chk date Amount DAPPER TIRE COMPANY TIRES 225383 2/17/09 1,256.18 DELTA DENTAL. DENTAL. INS FEB 2009 225384 2/17/09 14,585.56 DEI:TACARE (PMI) DENIAL INS PMI FEB 2009 225385 2/17/09 3,337.82 DISCOUNT SPECIALTY CI IFMICAI.S LIQUID LIVE ENZYMES 225386 2/17/09 232.87 DIXIELINE LUMBER CO. MOP #45707 DOOR STOP. ENT) KNIFE 225387 2/17/09 950.53 DREW FORD MOP #49078 WIRING ASSEMBLY 225388 2/17/09 64.75 DUO -SAFETY LADDER CORP. SOLID MODEL PLAIN PRONG FEET 225389 2/17/09 49.61 EMPLOYMENT DEVELOPMENT I)EPT I.JNEMPLYMNT REIMB OCT-DEC 2008 225390 2/17/09 8,926.00 ESGII, CORPORATION CONSULTANT SERVICES FOR BLDG 225391 2/17/09 12,559.16 '1.OTE0 BACKGROUND RECORDS CIIECK 225392 2/17/09 20.00 Illiar FIRE ETC CHIPPWEA 8'' STATION BOOTS 225393 2/17/09 4,382.93 FLEET SERVICES, INC MOP #67804 UNIVERSAL GUARDS 225394 2/17/09 96.43 GRAINGER MOP 65179 LAMP 225395 2/17/09 373.33 GTC SYSTEMS INC PROFESSIONAL. NETWORK SERVICES 225396 2/17/09 1,200.00 IIAMII.TON MEATS & PROVISIONS MEAT PRODUCTS 225397 2/17/09 1,329.01 HARLAN SUBSISTENCE:PUBLIC INF COURSE 225398 2/17/09 345.97 III) SUPPLY PLUMBING MATERIAL, OVER COUNTER 225399 2/17/09 112.08 HEALTH NET HEAI:111 INS I I0067A FEB 2009 225400 2/17/09 69,868.21 HORIZON IIEAI.TII LAP EMPLOYEE ASST PROGRAM FEB'09 225401 2/17/09 275.00 HYDRO-SCAPE PRODUCTS INC. MOP #45720 RB FALCON PC ROTOR 225402 2/17/09 545.94 IRON MOUNTAIN RECORDS RECORDS MANAGEMENT 225403 2/17/09 125.00 JC TOWING MOP 68862 TOWING SVCS - l'D 225404 2/17/09 190.00 JJJ ENTERPRISE CITY WIDE ALARM MONITORING 225405 2/17/09 790.59 L N CIIRTIS & SONS MILLENIA GLOBE (3-EXTREME JACKET 225406 2/17/09 24,257.83 'NCOI.N EQUIPMENT INC. REPLACEMENT PARTS & MATERIALS 225407 2/17/09 338.14 3 +}- CALIFORNIA •-(+ 4 of 6 Payee LONG'S DRUG STORES LYNN PEAVEY MAINTEX, INC. Try INCORPORATED WARRANT REGISTER # 34 2/17/2009 Description MOP 45727 CSTGFY WATER l R 1.AB SUPPLIES JANITORIAL SUPPLIES MASON'S SAW & LAWNMOWER SRVC MOP #45729 FAN IIOl1SING MAYER HOFFMAN MCCANN P.C. MILE. OF CARS ASSOCIATION MINUTEMAN PRESS MORGAN SQUARE INC NAPA AUTO PARTS NATIONAL CITY CAR WASH NATIONAL SCHOOL DISTRICT ORIENTAL TRADING, CO., INC. OIJCI[1'S POWER EQUIPMENT PACIFIC AUTO REPAIR PRO -EDGE KNIFE PRUDENTIAL OVERALL. SUPPLY PUBLIC EMP RETIREMENT SYSTEM QUAL CI IEM CORP. SAP() CONSTRUCTION INC. SAN DIEGO PET & I,AB SUPPLY SANDPIPA SDG&E SMART & FINAL SOUTHWEST SIGNAL SERVICE, INC. STARTECIL COMPUTERS SIXTH 13JLLING - ANNUAL Al BAT CNC FY08-09 APPORTIONMENT#4-5-6 MOP 47939 COMBO PRICED - FIRE FY08-09 APPORTIONMENT#4-5-6 MOP #45735 WRENCI I, GAUGES CAR WASIIES PRINTING BROCI LURES 5 BFARY SPECIAL. MAGNET CRAFT KIT MOP #45740 AIR FILTER. BRAKE BAND SMOG CERTIFICATION & REPAIRS SHARPENING SERVICE: MOP #45742 UNIFORMS - PARKS SERVICE PERIOD 02-09-3 BERRY FRAGRANCE ENXYME REFUND OF C&D COST MOP 45753 DOG FOOD K-9 UNIT - PD PROPERTY INSURANCE STREET DIVISION MOP 45756 CLEANING SUPPLIES -FIRE TRAFFIC SIGNAI./STREET LIGHTING MOP 61744 COMP SUPPLIES - MIS chk no chk date Amount 225408 2/17/09 80.77 225409 2/17/09 500.00 225410 2/17/09 2,129.26 225411 2/17/09 98.53 225412 2/17/09 14,455.00 225413 2/17/09 67,572.61 225414 2/17/09 445.87 225415 2/17/09 126,701.85 225416 2/17/09 151.35 225417 . 2/17/09 328.0( 225418 2/17/09 174.65 225419 2/17/09 169.25 225420 2/17/09 35.40 225421 2/17/09 857.00 225422 2/17/09 45.00 225423 2/17/09 386.89 225424 2/17/09 268,536.72 225425 2/17/09 699.68 225426 2/17/09 1,083.25 225427 2/17/09 235.65 225428 2/17/09 7,645.00 225429 2/17/09 57,152.04 225430 2/17/09 521.04 225431 2/17/09 9,360.34 225432 2/17/09 1,299.9 4 5 of 6 INCURpOitiasD WARRANT REGISTER # 34 2/17/2009 Payee Description chk no chk date Amount SWEE TW'ATER AUTHORITY WASTEWATER DIVISION 225433 2/17/09 173.77 SYSCO SAN DIEGO FOOD/CONSUMABLES 225434 2/17/09 4,448.58 THE LIGHTHOUSE, INC. MOT' #45726 ALARM, LAMPS, BUL13S 225435 2/17/09 415.91 THE LINCOLN NATIONAL LIFE INS. LIFE & AD&D SIT) LTD FE13'09 225436 2/I7/09 9,544.58 THE SAN DIEGO UNION TRIBUNE LEGAL. NOTICES ADVERTISING 225437 2/17/09 752.00 ULTIMATE STAFFING SERVICES NEIGHBORHOOD TEMP EMI' 01/25/09 225438 2/17/09 756.52 UNION -TRIBUNE PUB. CO. PUBLICATION OF PLANNING 225439 2/17/09 380.80 UNITED RENTALS RAMMER LARGE DIESEL RENTAL 225440 2/17/09 108.81 VALLEY INDUSTRIAL. SPECIALTIES PLUMBING SUPPLIES 225441 2/17/09 357.84 +��'CA MAIN ST ANIMAL I IOSPIlAL K9 VET CARE 225442 2/17/09 441.51 WESTFI.EX INDUSTRIAL. MOP #63850 1" FULL. PORT BALL, VALVE 225443 2/17/09 18.49 WILKINS EDUC REIMl3 CTW SEMINAR 225444 2/17/09 890.25 WILLY'S ELECTRONIC Sl1PPl.Y MOP #45763 LOCATOR, CABLE 225445 2/17/09 655.52 WOOL) & WOOD CI.AIM COSTS:GONZALEZ V. OFFICER 225446 2/17/09 35,804.18 WOOD & WOOD CLAIM COSTS:FLORES V. J C PENNEY 225447 2/17/09 2,067.00 CIIRISTENSEN & SPATH LLP LEGAL SERVICES-1441 HARI)ING 225448 2/17/09 2,537.50 CORPORATE EXPRESS MOP 45704 OFFICE SUPPLIES - CD 225449 2/17/09 40.47 DIXIELINE LUMBER CO. MOP 45707 PAINTING SUPPLIES - CD 225450 2/17/09 33.18 EQUIFAX INFORMATION SVCS CRD REP BACKGROUND CKS - S8 225451 2/17/09 109.14 FEDEX SPECIAL MAIL HANDLING FEES 225452 2/17/09 27.90 ICF JONES & STOKES EXPERT & CONSULT 225453 2/17/09 17,850.03 MAYER IIOFFMAN MCCANN P.C. CITY AUDIT INCLUDING GASB34 225454 2/17/09 1,500.00 PRUDENTIAL OVERALL. SUPPLY MOP 45742 STREET UNIFORMS - CD 225455 2/17/09 53.36 RICK ENGINEERING CO ENGINEERING SERVICES 225456 2/17/09 42,556.15 NN DIEGO TROLLEY INC FLAGGING SERVICES 01/21/09 225457 2/17/09 26.54 5 6 of 6 WARRANT REGISTER # 34 2/17/2009 Payee Description chk no chk date Amount SMART & FINAI. MOP 45756 MISC SUPPLIES - ('I) 225458 2/17/09 58.05 VISTA PAINT MOP 68834 PAINTING SUPPLIES - CI) 225459 2/17/09 57.37 Total $ 1,011,288.03 Grand Total 1,011,288.03 6 Warrant Register # 34 2/17/2009 001 GENERAL FUND 670,513.71 104 LIBRARY FUND 2,858.68 105 PARKS MAINTENANCE FUND 1,299.82 108 LIBRARY CAPITAL OUTLAY 5,159.13 111 P.O.S.T. FUND 298.44 120 PLAN CHECKING REVOLVING FUND 3,784.16 125 SEWER SERVICE FUND 1,426.93 166 NUTRITION 7,986.45 171 LIBRARY SCHOOL DISTRICT CNTRCT 38.56 246 WINGS GRANT 140.80 277 NC PUBLIC LIBRARY DONATIONS FUND 712.19 320 LIBRARY GRANTS 64,699.32 502 SECTION 8 FUND 1,537.73 505 HOME FUND 1,260.00 511 TAX INCREMENT FUND 60,754.56 522 LOW/MODERATE HOUSING FUND 1,277.50 626 FACILITIES MAINT FUND 29,777.27 627 LIABILITY INS. FUND 104,990.14 628 GENERAL SERVICES FUND 4,027.68 629 INFORMATION SYSTEMS MAINTENANC 2,499.97 632 GENERAL ACCOUNTING SERVICES 14,449.08 633 UNEMPLOYMENT INSURANCE RESERVE 8,926.00 643 MOTOR VEHICLE SVC FUND 21,707.24 724 COBRA/RETIREE INSURANCE 79.42 731 CONSTRUCTION AND DEMOLITION DEBRIS 1,083.25 1.011.288.03 City of National City, California COUNCIL AGENDA STATEMENT N.,,AEETING DATE March 17, 2009 AGENDA ITEM NO. 13 ITEM TITLE ' arran - egis er or e peso • o Amount of $2,516,628.74 PREPARED BY D. Gallegos -Finance EXPLANATION. roug DEPARTMENT Finance Jeanette La 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 02/18/09 through 02/24/09. In The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation Koch Armstrong 225461 165,609.23 Street Resurfacing City of San Diego 225479 1,173,082.00 Transportation Payroll Various 992,434.32 PPE 02/09/09 vironmental Review N/A Financial Statement Not applicable. Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $2,516,628.74 BOARDJ COMMISSION RECOMMENDATION 1. Warrant Register#35 ATTACHMEN $ (Listed Below) Resolution No. A-200 (Rev. 9/80) Sri PAYEE FERGUSON ENTERPRISES, INC KOCH ARMSTRONG GENERAL LASER SAVER INC PARTS PLUS AUTOSTORE #711 PERRY FORD PRUDENTIAL OVERALL SUPPLY SORIANO FAIR HOUSING COUNCIL OF SD ALL AMERICAN SEWER TOOLS ARROWHEAD FORENSIC PRODUCTS AT&T/MCI AUTO BEAUTY PRODUCTS BEST BEST & KRIEGER LLP BONITA PET HOSPITAL BOUND TREE CORPORATION CALIFORNIA COMMERCIAL SECURITY CHEVRON & TEXACO BUSINESS CARD CHOICEPOINT Y OF NATIONAL CITY ‘'Ikare OF SAN DIEGO CITY TREASURER OF S D CLEAN HARBORS CORPORATE EXPRESS COX COMMUNICATIONS DELL MARKETING CORP DEPARTMENT OF JUSTICE DIXIELINE LUMBER CO. DREW DURRA INK EXPERIAN FEDEX FEDEX FIRE ETC FISHER SAFETY FON-JON KENNELS GALLEGOS SOTO GRAINGER GULOTTA HD SUPPLY HONEYWELL INC. HUERTA INDEPENDENT FORENSIC SERVICES INGERSOLL-RAND COMPANY _GRATED BIOMETRIC Nkalid KEYSTONE INC JC TOWING KLEINFELDER, INC. LASER SAVER INC LASER SAVER INC - [111C RI. pBATEl? - WARRANT REGISTER # 35 2/24/2009 DESCRIPTION MOP #45723 PLUMBING MATERIALS NOV. DEC. 2008 SERVICES INKET PRINTER CARTRIDGES MOP #64946 GATORBACK POLY V-BELT MOP #45703 F75Z-6730-BA PLUG MOP #45742 UNIFORMS - PARKS VACATION PAYOFF CHECK REIMBURSEMENT FAIR HOUSING SEWER HOSE, PIRANHA PROLITE DUAL MAGNIFIER PHONE XXX-3747 12/01/08 - 01/12/09 RED POLISH SOAP PERSONNEL ISSUES ER ANIMAL CARE FOR STRAY ANIMALS MASIMO - PORTABLE PULSE CARBON MOP 45754 AUTO DOM AND PINS - PD MOP #45699 FUEL AUTO TRACK DATABASE - JAN 09 PETTY CASH - JANUARY 2009 CITY TRANSPORTATION AND TREATMENT CUR REG NOT DISPLAYED HAZARDOUS WASTE PICKUP FILE FOLDERS INTERNET DATA SVC 2/7 - 3/6/09 DELL SERVER W/ DUAL CORE NEW EMPLOYEE FINGERPRINT - CITY MOP 45707 MINOR EQUIP - FIRE REFUND- PERS DEDUCTION CORRECTION MOP 46766 COPIES - FIRE CREDIT CHECKS FOR NEW PD EMP SENT FEDEX OVERNIGHT EXPRESS FEDEX OVERNIGHT DELIVERY NORTH LINED OVAL SCBA MASK BAG RIGHT LOWER ARM REPLACEMENT KENNEL FEES FOR POLICE K9'S REFUND DUPLICATE PAYMENT MOP #65179 HOSE CLAMPS MINOR REPAIR MATERIAL REIMB PLUMBING MATERIAL OVER COUNTER REPAIRS REIMBURSEMENT - TESTS TAKEN SART EXAMS TIME CHARGE FOR TRAVEL. FINGERPRINT SUBMISSIONS CITY WIDE CARPET CLEANING MOP 68862 TOWING SERVICE - PD MARINA STORM DRAIN/SOIL SAMPLING MOP 45725 TONERS COMP - CS PRINTER MAINTENANCE 1/2 CHK NO DATE AMOUNT 225460 2/18/09 163.78 225461 2/18/09 165, 609.23 225462 2/18/09 184.60 225463 2/18/09 26.86 225464 2/18/09 13.57 225465 2/18/09 322.30 225466 2/18/09 9,127.39 225467 2/19/09 19,000.00 225468 2/24/09 1,616.03 225469 2/24/09 380.60 225470 2/24/09 15.82 225471 2/24/09 64.65 225472 2/24/09 158.42 225473 2/24/09 816.87 225474 2/24/09 7,612.50 225475 2/24/09 48.07 225476 2/24/09 156.49 225477 2/24/09 200.00 225478 2/24/09 598.35 225479 2/24/09 1,173,082.00 225480 2/24/09 25.00 225481 2/24/09 1,498.00 225482 2/24/09 3,284.42 225483 2/24/09 3,600.00 225484 2/24/09 8,565.90 225485 2/24/09 328.00 225486 2/24/09 865.96 225487 2/24/09 46.52 225488 2/24/09 140.29 225489 2/24/09 61.57 225490 2/24/09 31.46 225491 2/24/09 24.29 225492 2/24/09 1,176.89 225493 2/24/09 115.72 225494 2/24/09 75.00 225495 2/24/09 70.00 225496 2/24/09 74.68 225497 2/24/09 6,421.19 225498 2/24/09 446.29 225499 2/24/09 2,148.21 225500 2/24/09 103.00 225501 2/24/09 900.00 225502 2/24/09 402.16 225503 2/24/09 12.00 225504 2/24/09 90.00 225505 2/24/09 50.00 225506 2/24/09 380.00 225507 2/24/09 130.39 225508 2/24/09 752.55 PAYEE LEXIS-NEXIS LOPEZ LORMAN EDUCATION SERVICES MAN K-9 INC. MANPOWER OF SAN DIEGO MARSHALL MUSIC MCGUIRE DISTRIBUTION METROCALL MICHAEL P. DURKEE MINUTEMAN PRESS MORE DIRECT MUNOZ PACIFIC AUTO REPAIR PERRY FORD PROFORCE LAW ENFORCEMENT PRUDENTIAL OVERALL SUPPLY REGIONAL COMMUNICATIONS SYSTEM SCANNING SERVICE CORPORATION SD BMW MOTORCYCLES SDG&E SELTZER CAPLAN MCMAHON VITEK SMART & FINAL SPEX FORENSICS STARK MFG CO STRATACOM SWEETWATER AUTHORITY THE SAN DIEGO UNION TRIBUNE TOM MOYNAHAN VISTA PAINT VULCAN MATERIALS COMPANY WADE & ASSOCIATES WATERLINE TECHNOLOGIES CORPORATE EXPRESS HARRIS & ASSOCIATES NIEDERFRANK'S ICE CREAM SWEETWATER AUTHORITY THE LONDON GROUP PAYROLL Pay period Start Date 4 1/27/2009 WARRANT REGISTER # 35 2/24/2009 DESCRIPTION ONLINE CHARGES FOR JAN'09 TRANSLATION SERVICES LORMAN CEQA SEMINAR MAINTENANCE TRAINING JAN 09 WEE ENDING 2/8/09 CONCERT MUSIC MILK PRODUCTS METROCALL SERVICE FOR PD PAGERS MAP ACT NAVIGATOR 2009 MOP 47939 FIRE DEPT NOTICE PART TB29 CAR MNT PORT MILEAGE REIMB - CCPA MEETING SMOG CERTIFICATION & REPAIRS MOP #45703 COIL ASSEMBLY TASER, BLACK/BLACK GRIP PLATES MOP 45742 TOWELS - PD COMMUNICATIONS SYS - JAN 09 SCANNING OF BLDG DIVISION PERMITS REPAIRS & MAINTENANCE OF POLICE FACILITIES DIVISION PROFESSIONAL SERVICES CONSUMABLES LAB SUPPLIES REPAIR MEDIC BAG MOP 63845 BUSINESS CARDS - CC FACILITIES DIVISION CONCERT ADVERTISEMENT MOP 45734 TOWING SVCS - PD GRAFFITI PAINT SHEET AND COLD MIX ASPHALTS PRINCIPAL PROJECT MANAGEMENT MUNICIPAL POOL CHEMICALS HOUSING & GRANTS OFFICE SUPPLIES GRANGER HALL REIMB - COMMUNITY BENEFIT LOAN 1310 HIGHLAND AVE HOTEL MARKETING ANALYSIS End Date Check Date 2/9/2009 2/18/2009 2/2 CHK NO DATE AMOUNT 225509 2/24/09 415.14 225510 2/24/09 100.00 225511 2/24/09 386.82 225512 2/24/09 600.00 225513 2/24/09 998.40 225514 2/24/09 72.76 225515 2/24/09 316.05 225516 2/24/09 26.10 225517 2/24/09 57.52 225518 2/24/09 249.91 225519 2/24/09 6,614.18 225520 2/24/09 14.04 225521 2/24/09 1,021.28 225522 2/24/09 202.85 225523 2/24/09 48,923.85 225524 2/24/09 67.60 225525 2/24/09 8,957.00 225526 2/24/09 1,090.30 225527 2/24/09 286.0C 225528 2/24/09 10,207.05" 225529 2/24/09 2,523.00 225530 2/24/09 48.77 225531 2/24/09 396.95 225532 2/24/09 48.94 225533 2/24/09 69.60 225534 2/24/09 9,661.54 225535 2/24/09 554.24 225536 2/24/09 100.00 225537 2/24/09 371.49 225538 2/24/09 1,030.63 225539 2/24/09 7,598.50 225540 2/24/09 1,514.49 225541 2/24/09 106.98 225542 2/24/09 1,500.00 225543 2/24/09 1,721.99 225544 2/24/09 373.43 225545 2/24/09 4,950.00 A/P Total 1,524,194.42 992,434.32 GRAND TOTAL $ 2,516,628.74 4)' `. G.A.I:,IFOR_NIA Ty INCORPOBA.T Warrant Register # 35 2/24/2009 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 136 TINY TOT CLASSES FUND 154 STATE PUBLIC LIBRARY FUND 158 SWIMMING POOL REVOLVING FUND 166 NUTRITION 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 191 STOP PROJECT 198 PROPERTY EVIDENCE SEIZURE 208 SUPP. LAW ENFORCEMENT SVC FUND 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 345 TRAFFIC CONGESTION RELIEF 346 PROP 1 B FUND 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 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 710,582.95 28,156.18 20,989.91 13,591.70 1,194,167.01 11,051.58 156.96 1,910.60 1,121.24 13, 937.75 744.98 3,369.77 939.20 4,392.99 2,717.86 355.80 44, 987.45 1,148.07 5,523.93 2,934.20 38,857.05 285.84 2,357.32 8,312.61 21,204.51 35,191.96 6,302.03 65,609.63 60,000.00 21,123.06 547.14 78,886.22 1,526.92 43,342.73 3,696.50 8,716.05 14,727.48 8,565.90 5,075.85 16,972.63 12,547.18 2,516,628.74 City of National City, California COUNCIL AGENDA STATEMENT `gowOEETING DATE March 17, 2009 AGENDA ITEM NO. 14 (EM TITLE PUBLIC HEARING — FISCAL YEAR 2008-2009 ANNUAL ACTION PLAN AMENDMENT No.2: FUNDING CYCLE FOR THE CDBG-R PROGRAMS — FUNDING RECOMMENDATIONS PREPARED BY EXPLANATION Carlos Aguirre (Ext. 4391) DEPARTMENT Housing and Grants Division 4 Community Development Dep. {2 The purpose of Public Hearing No.1 is for the City Council and the Housing and Community Development Committee (HCDC) to discuss their funding recommendations. Upon conclusion of the discussions, the City Council will then formulate their funding recommendations for the FY 2008-2009 Community Development Block Grant funding through the American Recovery and Reinvestment Act of 2009 (CDBG-R). Each year the City completes an extensive public participation process to review and approve various programs and projects eligible for CDBG and HOME program funds. The funding recommendations formulated during Public Hearing No. 1 will be made available for a 30-Day public review and comment period, from March 19, 2009 to April 20, 2009. On April 21, 2009, City staff will return to Council to review public comments received during the AAP 30- day public review/ comment and will request a resolution of the City Council to amend the Annual Action Plan incorporating the funding recommendations. Environmental Review Ni N/A Financial Statement Approved By: The amount of funding available for FY 2008-2009 CDBG-R is $296,780. Account No. finance Director STAFF RECOMMENDATION Conduct public hearing. BOARD / COMMISSION RECOMMENDATION Not applicable to this report. ATTACHMENTS ( Listed Below) Resolution No. Attachment No. 1: Listing of Applicant Requests Attachment No. 2: Notice of Public Hearing A-200 (9/99) Attachment #1 FY 2008-2009 ANNUAL ACTION PLAN AMENDMENT NO. 2 LIST OF APPLICANTS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG-R) PROGRAM AMERICAN REINVESTMENT AND RECOVERY ACT OF 2009 FISCAL YEAR 2008-2009 FUNDING REQUESTS TAB # AGENCY NAME ACTIVITY NAME NUMBER TO BENEFIT FROM THE ACTIVITY CDBG FUNDING REQUEST Public Facility Improvement Activities 24 City of National City- Community Services Department Indoor & Outdoor Basketball Court Resurfacing 1 Public Facility Improvement (14,474 Households) $20,000 27 San Ysidro Family Health Center National City Family Clinic Ramp- ADA Compliance 1 Public Facility Improvement (7000 Individuals) $47,613 Public Infrastructure Improvement Activities 28 City of National City - Engineering Department Upgrade Substandard Pedestrian Ramps Public Infrastructure Improvements $150,000 31 City of National City - Engineering Department Safety and Accessibility Enhancements at Pedestrian Crossings Public Infrastructure Improvements $75,000 TOTAL NEW PHYSICAL IMPROVEMENT REQUESTS $292,613 CDBG PROGRAM ADMINISTRATION n/a City of National City - Community Development Department CDBG Program Administration n/a $4,167 TOTAL PROGRAM ADMINSTRATION REQUESTS $4,167 TOTAL FISCAL YEAR 2008-2009 CDBG-R FUNDING REQUESTED $296 780 TOTAL FISCAL YEAR 2008-2009 CDBG-R FUNDING AVAILABLE $296,780 Attachment #2 PUBLIC NOTICE CITY OF NATIONAL CITY PUBLIC HEARINGS FOR FISCAL YEAR (FY) 2009-2010 ANNUAL ACTION PLAN Notice is hereby given that the City of National City Council and the Housing and Community Development Committee (HCDC) will hold the third of four Public Hearings on Tuesday, March 17, 2009 at 6:00 p.m. > PUBLIC HEARING No. 1 — Held on Tuesday, January 20, 2009 at 6:00 p.m. The purpose is to review community needs, discuss eligible activities for both the Community Development Grant (CDBG) and Home Investment Partnership (HOME) Programs, and solicit public comments and input regarding the use of these funds. ➢ PUBLIC HEARING No. 2 — Held on Tuesday, March 3, 2009 at 6:00 p.m. The purpose is to hear presentations from agencies that have submitted applications for CDBG and/or HOME Program funding. ➢ PUBLIC HEARING No. 3 — Tuesday, March 17, 2009 at 6:00 p.m. The purpose is for the Council and HCDC to discuss their funding recommendations and for the Council to formulate their funding recommendations for the FY 2009-2010 CDBG and HOME Program Funds. > PUBLIC HEARING No. 4 — Tuesday, April 21, 2009 at 6:00 p.m. The purpose is to review public comments received during the 30-day public review period; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the proposed FY 2009-2010 CDBG & HOME Program funding recommendations (Annual Action Plan). The estimated amount of funding available for FY 2009-2010 for each program is as follows: ➢ Community Development Block Grant - $1,092,595 > Home Investment Partnership Program - $676,020 PUBLIC HEARINGS FOR THE FISCAL YEAR 2008-2009 ANNUAL ACTION PLAN AMENDMENT No. 2 Notice is also hereby given that the City of National City Council and the Housing and Community Development Committee (HCDC) will hold the first of two Public Hearings on Tuesday, March 17, 2009 at 6:00 p.m. ➢ PUBLIC HEARING No. 1 — Tuesday, March 17, 2009 at 6:00 p.m. The purpose is for the Council and HCDC to discuss their funding recommendations and for the Council to formulate their funding recommendations for the FY 2008-2009 supplemental CDBG funds through the American Recovery and Reinvestment Act of 2009. ➢ PUBLIC HEARING No. 2 — Tuesday, April 21, 2009 at 6:00 p.m. The purpose is to review public comments received during the 30-day public review period; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the proposed amendment to the FY 2008-2009 Annual Action Plan. The amount of supplemental Community Development Block Grant funding available for FY 2008- 2009 through the American Recovery and Reinvestment Act of 2009 is $296,780. Attachment #2 Interested persons and community groups are invited to attend these hearings. All public hearings will be held at the City of National City, City Hall Council Chamber, located at 1243 National City Boulevard, National City, CA 91950. For more information regarding this process, please call the Grant and Housing Department at (619) 336-4391. Hearing impaired persons please use the CAL Relay Service Number 711. City facilities are wheelchair accessible. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Asistencia En Espanol: para que le interpreten la solicitud en espanol, Ilame al (619) 336-4563. Chris Zapata, City Manager City of National City Publish: The Union Tribune Dates: March 7, 2009 ,✓ City of National City, California COUNCIL AGENDA STATEMENT EETING DATE March 17, 2009 AGENDA ITEM NO. 15 rITEM TITLE PUBLIC HEARING — FISCAL YEAR 2009-2010 FUNDING CYCLE FOR THE CDBG AND HOME PROGRAMS — FUNDING RECOMMENDATIONS PREPARED BY Carlos Aguirre (Ext. 4391) EXPLANATION DEPARTMENT Housing and Grants Division -- Community Development Dep. The purpose of Public Hearing No. 3 is for the City Council and the Housing and Community Development Committee (HCDC) to discuss their funding recommendations. Upon conclusion of the discussions, the City Council will then formulate their funding recommendations for the FY 2009-2010 Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) Program funding. Each year the City completes an extensive public participation process to review and approve various programs and projects eligible for CDBG and HOME program funds. The funding recommendations formulated during Public Hearing No. 3 will be made available for a 30-day public review and comment period, from May 19, 2009 to April 20, 2009. On April 21, 2009, upon review of any public comments received, the funding recommendations will be incorporated into the City's FY 2009-2010 Annual Action Plan (AAP) by City Council. Environmental Review NI N/A Financial Statement The estimated amount of funding available for Community Development Block Grant - Home Investment Partnership Program Approved By: Finance Director FY 2009-2010 for each program is as follows: $1,092,595 Account No. - $676,020 STAFF RECOMMENDATION Conduct public hearing. BOARD / COMMISSION RECOMMENDATION Not applicable to this report. ATTACHMENTS ( Listed Below) Resolution No. Attachment 1: Attachment 2: Listing of Applicant Requests and Available Funding Notice of Public Hearings A-200 (9/99) Attachment #1 FY 2009-2010 CDBG & HOME PROGRAMS LIST OF APPLICANTS (4 PAGES) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FISCAL YEAR 2009-2010 FUNDING REQUESTS (Page 1 of 3) FY 2009- 2010 CDBG ESTIMATED PROGRAM ENTITLEMENT $1,092,595 TAB # AGENCY NAME ACTIVITY NAME NUMBER TO BENEFIT FROM THE ACTIVITY CDBG FUNDING REQUEST PUBLIC SERVICE ACTIVITIES 1 Boys and Girls Clubs of Inland North County After School Activities for National City Youth 750 Individuals $100,000 2 Burn Institute Senior Fire & Burn Prevention Program/ Smoke Alarm Installation Program 300 Households $8,465 3 City of National City- Public Library National City Public Library Literacy Services 220 Individuals $47,250 4 City of National City - Community Services Department At Youth Risk Afterschool Program "Supreme Teens" 100 Individuals $39,500 5 City of National City - Community Services Department Tiny Tots 30 Individuals $29,337 6 City of National City- Police Department Homeless Outreach Program and Enforcement 250 Individuals $99,376 7 Community Food Bank of National City Project Hunger/ Project Independence 1500 Households $11,200 8 Community Youth Athletic Center Champs 4 Life Sports Fitness, Training, & Nutrition Program 750 Individuals $85,000 9 Council of Philippine American Organizations of San Diego County, Inc. COPAO Programs and Events 25,000 Individuals $15,000 10 Kalusugan Community Services (KCS) Filipino American Wellness Center (FWC) Kabataan Violence Prevention and Leadership Development 300 Individuals $30 000 11 La Maestra Family Clinic, Inc. La Maestra Breast Cancer Health Education. Outreach, and Screening Program 1,360 Individuals $57,058 12 MAAC Project HOME Clinic Program 100 Households $50,000 13 National City Pop Warner Diablos Football and Cheer 425 Individuals $50,000 14 PASACAT The Philippines Through Music and Dance 2,755 Individuals $15,000 15 San Diego Food Bank Food 4 Kids Backpack Program 75 Individuals $20,000 16 San Diego Youth Services PROTECT Prevention Education and Training Program 2000 Individuals $60,000 Attachment # 1 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FISCAL YEAR 2009-2010 FUNDING REQUESTS (Page 2 of 3) TAB # AGENCY NAME ACTIVITY NAME NUMBER TO BENEFIT FROM THE ACTIVITY CDBG FUNDING REQUEST PUBLIC SERVICE ACTIVITIES 17 South Bay Community Services Domestic Violence Response Team/ South Bay Family Justice Network 45 Individuals $50,000 18 South Bay Community Services National City Police Department Juvenile Diversion Program 55 Individuals $26,740 19 SUHI Foundation National City Community Health and Wellness 600 Individuals $85,000 $8,000 20 Trauma Intervention Programs of San Diego County, Inc. Crisis Intervention Team 799 Households TOTAL PUBLIC SERVICE REQUESTS $886,926 15% MAXIMUM OF THE FY 2009- 2010 CDBG ENTITLEMENT IS AVAILABLE FOR PUBLIC SERVICE ACTIVITIES $163,889 `%✓ PRIOR YEAR COMMITMENTS TO PHYSICAL IMPROVEMENT ACTIVITIES Public Facility Improvement Activities 21 City of National City - Fire Department Fire Apparatus Lease Payment 5 of 5 TOTAL PRIOR YEAR COMMITMENTS 1 Fire Apparatus / Equipment $84,906 $84,906 PHYSICAL IMPROVEMENT ACTIVITIES Rehabilitation and Repair Activities 22 Christmas in July * National City Home Repair Program 10 Households $110,000 23 City of National City- Community Development Department Granger Hall Preservation and Heritage Tourism Planning 1 Historic Restoration (14,474 Households) $75,000 Public Facility Improvement Activities 26 Council of Philippine American Organizations of San Diego County, Inc. COPAO Building Renovation Project 1 Public Facility Improvement $25,000 Attachment # 1 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FISCAL YEAR 2009-2010 FUNDING REQUESTS (Page 3 of 3) TAB # AGENCY NAME ACTIVITY NAME NUMBER TO BENEFIT FROM THE ACTIVITY CDBG FUNDING REQUEST Public Infrastructure Improvement Activities 29 City of National City - Engineering Department Miscellaneous Concrete Improvements Public Infrastructure Improvements $100,000 30 City of National City - Engineering Department Miscellaneous Storm Drain Improvements Public Infrastructure Improvements $150,000 TOTAL NEW PHYSICAL IMPROVEMENT REQUESTS $460,000 ECONOMIC DEVELOPMENT ACTIVITIES Business Development 32 Los Ninos EVE's Project 25 Individuals $25,300 33 Southwestern Community College District Small Business Development & International Trade Center National City Economic Development Funds Program n/a $35,000 TOTAL ECONOMIC DEVELOPMENT ACTIVITY REQUESTS $60,300 TOTAL OF FY 2009- 2010 CDBG FUNDING REQUESTS FOR NON-PUBLIC SERVICE ACTIVITIES $605,206 TOTAL OF FY 2009- 2010 CDBG FUNDING AVAILABLE FOR NON-PUBLIC SERVICE ACTIVITIES $710,187 CDBG PROGRAM ADMINISTRATION 34 City of National City - Community Services Department Neighborhood Council Program n/a $105,000 35 The Fair Housing Council of San Diego Fair Housing and Tenant - Landlord Education Services n/a $38,000 n/a City of National City - Community Development Department CDBG Program Administration n/a $75,519 TOTAL PROGRAM ADMINSTRATION REQUESTS $218,519 20% MAXIMUM OF THE FY 2009-2010 CDBG ENTITLEMENT IS AVAILABLE FOR PROGRAM ADMINISTRATION $218,519J Attachment # 1 FISCAL YEAR 2009-2010 FUNDING REQUESTS HOME INVESTMENT PARTNERSHIPS ACT (HOME) PROGRAM (Page 1 of 1) FY 2009- 2010 HOME PROGRAM ESTIMATED ENTITLEMENT $676,020 1 TAB # AGENCY NAME ACTIVITY NAME _; NUMBER TO BENEFIT FROM THE ACTIVITY HOME FUNDING REQUEST AFFORDABLE HOUSING ACTIVITIES 36 City of National City - Community Development Department First Time Homebuyer Program 10 Households $400,000 37 City of National City - Community Development Department Rehabilitation Program 8 Households $107,015 n/a City of National City- Community Development Department Community Housing Development Organization Set -Aside n/a $101,403 $67,602 n/a City of National City - Community Development Department HOME Program Administration n/a TOTAL HOME ACTIVITIES REQUESTS $676,020 Attachment #2 PUBLIC NOTICE CITY OF NATIONAL CITY PUBLIC HEARINGS FOR FISCAL YEAR (FY) 2009-2010 ANNUAL ACTION PLAN Notice is hereby given that the City of National City Council and the Housing and Community Development Committee (HCDC) will hold the third of four Public Hearings on Tuesday, March 17, 2009 at 6:00 p.m. > PUBLIC HEARING No. 1 — Held on Tuesday, January 20, 2009 at 6:00 p.m. The purpose is to review community needs, discuss eligible activities for both the Community Development Grant (CDBG) and Home Investment Partnership (HOME) Programs, and solicit public comments and input regarding the use of these funds. > PUBLIC HEARING No. 2 — Held on Tuesday, March 3, 2009 at 6:00 p.m. The purpose is to hear presentations from agencies that have submitted applications for CDBG and/or HOME Program funding. ➢ PUBLIC HEARING No. 3 — Tuesday, March 17, 2009 at 6:00 p.m. The purpose is for the Council and HCDC to discuss their funding recommendations and for the Council to formulate their funding recommendations for the FY 2009-2010 CDBG and HOME Program Funds. > PUBLIC HEARING No. 4 — Tuesday, April 21, 2009 at 6:00 p.m. The purpose is to review public comments received during the 30-day public review period; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the proposed FY 2009-2010 CDBG & HOME Program funding recommendations (Annual Action Plan). The estimated amount of funding available for FY 2009-2010 for each program is as follows: ➢ Community Development Block Grant - $1,092,595 > Home Investment Partnership Program - $676,020 PUBLIC HEARINGS FOR THE FISCAL YEAR 2008-2009 ANNUAL ACTION PLAN AMENDMENT No. 2 Notice is also hereby given that the City of National City Council and the Housing and Community Development Committee (HCDC) will hold the first of two Public Hearings on Tuesday, March 17, 2009 at 6:00 p.m. > PUBLIC HEARING No. 1 — Tuesday, March 17, 2009 at 6:00 p.m. The purpose is for the Council and HCDC to discuss their funding recommendations and for the Council to formulate their funding recommendations for the FY 2008-2009 supplemental CDBG funds through the American Recovery and Reinvestment Act of 2009. > PUBLIC HEARING No. 2 — Tuesday, April 21, 2009 at 6:00 p.m. The purpose is to review public comments received during the 30-day public review period; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the proposed amendment to the FY 2008-2009 Annual Action Plan. The amount of supplemental Community Development Block Grant funding available for FY 2008- 2009 through the American Recovery and Reinvestment Act of 2009 is $296,780. Attachment #2 Interested persons and community groups are invited to attend these hearings. All public hearings will be held at the City of National City, City Hall Council Chamber, located at 1243 National City Boulevard, National City, CA 91950. For more information regarding this process, please call the Grant and Housing Department at (619) 336-4391. Hearing impaired persons please use the CAL Relay Service Number 711. City facilities are wheelchair accessible. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Asistencia En Espanol: para que le interpreten la solicitud en espanol, flame al (619) 336-4563. Chris Zapata, City Manager City of National City Publish: The Union Tribune Dates: March 7, 2009 EETING DATE 3/17/09 City of National City, California COUNCIL AGENDA STATEMENT SECOND READING AGENDA ITEM NO. -1b (--- ITEM TITLE An Ordinance of the City Council of the City of National City Amending Title 18 of the National City Municipal Code Amending Chapter 18.142 Pertaining to Residential Density Bonus and Affordable Housing Incentives (Applicant: City Initiated) (Case File No. 2008-15 A) PREPARED BY Peggy Chapir�i /336 4319 DEPARTMENT Planning Division EXPLANATION The City Council held a public hearing on proposed changes to amend Chapter 18.142 of the Municipal Code on February 17, 2009 and voted to approve the amendment regarding "Residential Density Bonus and Affordable Housing Incentives". The attached ordinance will fulfill that action. Environmental Review Financial Statement N/A NIA Proposed Negative Declaration (2008-15 IS) Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt Ordinance BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. t„.7 Ordinance A-200 (9/99) ORDINANCE NO. 2009 - 2317 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 18.142 PERTAINING TO RESIDENTIAL DENSITY BONUS AND AFFORDABLE HOUSING INCENTIVES WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code; and WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission and the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and WHEREAS, the Planning Commission has regularly and duly certified its report to the City Council, and has recommended such amendment. NOW, THEREFORE, the City Council does hereby ordain as follows; Section 1. All protests, if any, against said amendment to the Municipal Code and each of them be and hereby are denied and overruled. Section 2. That Section 18.142 of Title 18 of the Municipal Code be amended to read as follows: Sections: 18.142.010 Intent and Purpose 18.142.020 Definitions 18.142.030 Density bonus 18.142.040 Concessions, incentives, and development standards 18.142.050 Application requirements and review. 18.142.060 Density bonus housing agreement. 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. Ordinance No. 2009 - 2317 Residential Density Bonus and Affordable Housing NCMC Chapter 18.42 18.142.020 Definitions. Within this Chapter 18.142, the following definitions shall apply: 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 Section 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 that 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 San 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 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, exduding the target units. K "Target unit" means a dwelling unit within a housing development that will be reserved for sale to or rent to, and affordable to, very low, 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. 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 Ordinance No. 2009 - 2317 2 Residential Density Bonus and Affordable Housing NCMC Chapter 18.42 Director, unless otherwise specified, shall have the discretion and authority to enforce this provision during the application process. 18.142.040 Concessions, incentives, and development standards. 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. A. 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(I)(1). B. 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. C. 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. 18.142.050 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/or Housing Division staff. The applicant should provide 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 Ordinance No. 2009 - 2317 3 Residential Density Bonus and Affordable Housing NCMC Chapter 18.42 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 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. 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 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. 4. 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 Section65915(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 Govemment 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 Ordinance No. 2009 - 2317 4 Residential Density Bonus and Affordable Housing NCMC Chapter 18.42 prior to Final Map recordation or prior to the issuance of a building permit, if no subdivision of property is involved. 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 of the Municipal Code. 18.142.060 Density bonus' housing agreement. A. Applicants/developers requesting a density bonus shall enter into a Density Bonus Housing Agreement with the City. The terms of the draft agreement shall be approved by the Executive Director of the Community Development Commission of the City of National City or his designee. 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 Executive Director of the Community Development Commission of the City of National City or his designee for review and approval of an Affirmative Marketing Plan, which details the actions the developer/applicant shall 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. 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. Ordinance No. 2009 - 2317 5 Residential Density Bonus and Affordable Housing NCMC Chapter 18.42 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 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. 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. Section 3. That a Negative Declaration was prepared to evaluate potential environmental impacts of the proposed amendment to Title 18.142 of the Municipal Code and based on that evaluation and in compliance with the California Environmental Quality Act (CEQA), it has been determined that there is no possibility that the amendment will have a significant environmental effect. The amendment is limited to density bonus projects that will be evaluated individually and on their own merit at the time of any future density bonus applications. PASSED and ADOPTED this 17th day of March, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III, City Attorney Ordinance No. 2009 - 2317 6 Residential Density Bonus and Affordable Housing NCMC Chapter 18 42 City of National City, California COUNCIL AGENDA STATEMENT '`4"1•MEETING DATE March 17, 2009 AGENDA ITEM NO. 17 ITEM TITLE Notice of Decision -- Planning Commission Approval of a Conditional Use Permit for a Charter School in an Existing Building at 701 National City Blvd. (Applicant: Sandra Dominguez, Integrity Charter School) (Case File 2008-52 CUP) PREPARED BY Martini der, 336-4310 DEPARTMENT Planning EXPLANATION The project site is at the northeast corner of East 8th Street and National City Boulevard in the General Commercial — Planned Development (CG-PD) zone. The lot is developed with a four story building, with 11,000 square feet of commercial space facing National City Blvd., and 216 parking spaces (27 on the ground floor and the remainder on the upper three floors), 170 of which are reserved for residents of the adjacent Bayview Tower condominiums located at 801 National City Boulevard. The building is currently vacant. Integrity Charter School, currently located at 125 Palm Avenue, is looking for a larger facility due to increased enrollment. The new location would serve up to 245 students from kindergarten through the 8th grade and operate from 7:30 a.m. to 5:30 p.m. Monday through Friday. Proposed interior improvements include 11 classrooms along with offices, a cafeteria, kitchen and bathrooms. There would be a total of 17 staff. No outdoor recreation area is proposed on -site. The school is currently in the process of purchasing the building from Pacifica with the intention of leasing back to them the 170 parking spaces and parking garage and bridge ingress/egress for the Bayview Suites. Planning Commission held a hearing on March 2, 2009, at which time Commissioners asked questions regarding evacuation routes, traffic and proposed physical activities for the students. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval. Environmental Review x N/A Exempt Financial Statement N/A Approved By: Account No. Finance Director STAFF RECOMMENDATION op Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD I COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Farias, Flores, Pruitt, Reynolds Absent: DeLaPaz ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution No. 3-2009 3. Site Photos 2. Location Map 4. Reduced plans A-200 (9/99) RESOLUTION NO. 3-2009 A RESOLUTION OF "HIE PLANNING COMMISSION OF TIFF CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A CIIARTER SCHOOL IN AN EXISTING BUILDING AT 701 NATIONAL CITY BLVD. APPLICANT: SANDRA DOMINGUEZ - INTEGRITY CHARTER SCI1001, CASE FILE: NO. 2008-52 CUP WI-IEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a charter school in an existing building at 701 National City Boulevard at duly advertised public hearings held on March 2, 2009, at which time oral and documentary evidence was presented, and, WI IEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2008-52 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WI IEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, Ti EEREFORE, BE 1T 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 March 2, 2009, support the following findings: That the site for the proposed school is adequate in size and shape, since the structure in which the school will be located is existing and was previously a similar use, and since the existing 27- space parking garage and one-way circulation plan provides adequate parking, access and drop-off area for 245 students and staff That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed development, since Eighth Street, an arterial street, will be able to accommodate the approximately 400 average daily trips (ADT) expected from school activities. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since a school was previously located within the existing building, which is located in a developed commercial area. That the charter school, is deemed essential and desirable to the public convenience and welfare, since it will provide expanded educational opportunities for the of the youth of National City. 1/8 BE IT FURTI IER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions - General I . "Phis Conditional Use Permit authorizes a public charter school within an existing 1 1,000 square - foot commercial space at 701 National City Blvd. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit 13, Case file no. 2008-52 M I , dated 1 /29/2009. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automaticgliy terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. 'I'he applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 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 be made payable to the County Clerk and submitted to the National City Planning Department. 4. 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 18.1 16.190 of the Municipal Code. Planning 5. A minimum of 170 parking spaces shall be maintained for the exclusive use of residents of the condominium development located at 801 National City Blvd. This shall include access to said spaces and to the pedestrian bridge connecting the parking garage to 801 National City Blvd. A restrictive covenant shall be recorded against the property ensuring said access to parking spaces as described above, to the satisfaction of the City Attorney. The covenant shall be recorded prior to occupancy. 6. Traffic circulation for the charter school shall be limited to a one-way system entering from East 8th Street and exiting on East 7th Street. Drop off shall only commence north of the entrance to the residential parking arca of the structure. 7. All students are to be dropped of and picked up in the parking garage of the building at 701 National City Blvd. 8. The applicant shall provide documentation prior to Certificate of Occupancy to the Planning Division of any permits necessary from the Department of State Architects (DSA). Building 9. The applicant shall consult with the Building Division and/or DSA to obtain all necessary building permits and possible change of occupancy. 2/8 Engineering 10. The deteriorated portions of the existing street improvements along the property frontages shall he removed and replaced (sidewalk on 8th Street) pursuant to Ordinance 1491. 11. A permit shall be obtained from the Engineering Division for all improvement work within the public right-of-way, if applicable. Fire 12. Project is to be designed, developed and constructed in compliance with the 2007 edition of the California Fire Code (CFC) and the 2007 edition of the National Fire Protection Association (NFPA) Standards as adopted by the City of National City. BI7, IT FURTI IER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CER"I'IFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of March 2, 2009, by the following vote: AYES: Farias, Baca, Alvarado, Pruitt, Reynolds, Flores NAYS: ABSENT: I)eLaPaz ABSTAIN: CI !AIRMAN 3/8 , .4-- ___- vs CG-PD ..4. ) cl- , e (6\\9\ ‘,3 1,3 % o ___ _-- ‘ _____,- cp co 4 •"' CD • ,--t- . • CG 0 co • • 100 0 100 Feet PROJECT LOCATION ZONE BOUNDARY LOCATION MAP 2008-52 CUP Conditional Use Permit for a charter school at 701 National City Blvd. NATIONAL CITY PLANNING DRN. DATE: 2/17/09 INITIAL HEARING: 3/2/09 4/8 2008-52 CUP - Integrity Charter School -- Site Photos Front entrance on National City Blvd. Front elevation looking south 5/8 Parking garage entrance on 8th Street Parking garage exit on 7'h Street 6/8 Vehicular Gate at Top of Ramp on Second Floor /1— Seventh Street I ' Res:dent r:eic Flo* 7< : Student Drop Off AT“ • II I t I l 5 4 ! 1**5) —;, Alley f`. Proposed Floor Plan /Site Plan _ Parking 'abr" nrn 'r"9777-1, atutit NausLaus Onl 1 Existing Floor Plan (walls to be removed shown dashed) Integrity Charter School 701 National City Boulevard, National City, CA Nationa: City Blvd ,=•- 0 Pro)ect Data 4- Drop Off Trani.: Flow <-- • - • -2` — • fl b rU.110C C61.1.3 32 Interior Ground Floor Na approx 11,C00 sf ParRog Allocation for Building Spaces for School Use 22 on ground level Spaccs Reserved for Rcstdenstal Use 170 rotnirturn (Entsong Parking Sputa to Building x 222 total) t Sheet I 12,22/08 SOUTHWEST ELEVATION WEST ELEVATION Integrity Charter School SOUTHEAST ELEVATION ELEVATION AT INTERSECTION Elevations (no proposed changes to exterior) 1 CO co 701 National City Boulevard, National City, CA Sheet 2 12!22/OR City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 17, 2009 AGENDA ITEM NO. 18 ITEM TITLE Notice of Decision — Planning Commission Approval of a Conditional Use Permit for Beer and Wine Sales at an Existing Restaurant at 2401 Highland Avenue (Applicant: Arturo Ruelas — Birrias Restaurant/ABCO Consulting) (Case File 2008-40 CUP) PREPARED_BY Martin4i er, 336-4310 DEPARTMENT Planning EXPLANATION The 30,000 square -foot property is located at the southeast corner of Highland and East 24th Street in the General Commercial (CG) zone. The lot is developed with a 9,690 square -foot commercial center with eight tenants. Birrias Restaurant occupies a 950 square -foot suite in the center and has 49 seats. The applicant proposes to serve beer and wine in conjunction with the existing food service. The alcohol is to be stored in the kitchen area and supplied to the customer upon request. The hours of operation are 10 a.m. to 10:30 p.m. daily and the applicant is requesting to sell beer and wine during these same hours. The Department of Alcoholic Beverage Control does not consider the area to be over -saturated with regard to alcohol sales outlets; there are currently no on -sale licenses in this census tract where four could be permitted and three off -sale licenses (7-11, Grocery Outlet, National City Liquor) where three could be permitted. No formal comments were received from either the Police Department or the Institute for Public Strategies. Planning Commission held a hearing on March 2, 2009, at which time, the applicant's representative 11°spoke in support of the application. There were no other speakers on the proposal. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval. / Environmental Review x N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Rq Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Farias, Flores, Pruitt, Reynolds Absent: DeLaPaz ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution No. 4-2009 3. Site Photos 2. Location Map 4. Reduced plans A-200 (9/99) RESOLUTION NO. 4-2009 A RESOLUTION OF THE. PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT APPLICATION FOR BEER AND WINE SALES AT AN EXIS'I'1NG RESTAURANT AT 2401 HIGHLAND AVENUE. APPLICANT: ARTURO RUFLAS RIRRIAS RESTAURANT/ARCO CONSULTING CASE FILE NO. 2008-40 CUP WHEREAS, the Planning Commission of the ('ity of National ('ity considered a Conditional Use Permit application for Neer and wine sales at an existing restaurant at 2401 11igh1and Avenue at duly advertised public hearings held on March 2. 2009, at which time oral and documentary' evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in ('ase File No. 2008-40 ('UP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to he essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, f3E 11' RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on March 2, 2009, support the following findings: That the site for the proposed use is adequate in size and shape, since the sale of beer and wine for on -site consumption will be conducted in an existing restaurant and no expansion is proposed. 2. '['hat the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the restaurant is existing and the addition of alcohol sales is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the restaurant already exists and is located in a developed commercial area. Also, conditions of approval controlling the sale and consumption of beer and wine on site will reduce any potential for adverse effects. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of the restaurant, an established and allowed use in the applicable commercial zone. 1/10 9. 5. That public convenience and necessity may he served by the proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 13E IT FUR'TE iER RESOLVED that the application for Conditional Ilse Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the sale of beer and wine for on -site consumption at the Rirrias Chivos y Cheves Restaurant. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2008-40 CUP, dated 9/ 1 1/2008. 2. Within tour (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental tiling fees for the San Diego County Clerk. Checks shall he made payable to the County Clerk and submitted to the National City Planning Department. 3. 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 (:'ode. 4. '[bus permit shall expire if the use authorized by this resolution is discontinued for a period of 12 rnonths or longer. This permit may also be revoked, pursuant to provisions of the Land 1.Jse Code, if discontinued for any lesser period of time. 5. Retore this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to fonn by the City Attorney and signed by the Planning Director prior to recordation. 1uilding b. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. Planning 7. The sale of alcoholic beverages shall he prohibited between the hours of 10:00 p.m. to 10:30 a.rn. 8. The sale of pitchers containing alcohol shall he prohibited. Beer and wine shall be served by the glass or bottle. Over Ice Displays, self serve (i.e. bucket with iced beer, etc) shall he prohibited 10. Happy 1-Four Promotions shall be prohibited. 2/10 I I . All alcoholic heverage products to he stored in the kitchen/storage area and not accessible to the general public. 12. Take out sales of alcoholic beverages is prohibited. 13. Karaoke and Live entertainment may be authorized only upon prior approval of a Conditional Use Permit. i.ive entertainment shall he limited to a single entertainer. 14. Premises and parking lot shall he maintained and adequate lighting provided at the entrances, exits and the parking lot during hours of operation. Graffiti shall he removed within 72 hours. 15. Signs shall he posted at each entrance to the applicant's premises prohibiting loitering on or in front of the premises. 16. Pennittee shall post signs, to he approved by the Planning Division, on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "it is unlawful to drink an alcoholic heverage or to possess an open alcoholic heverage container in public or in a public parking lot. NCMC 10.30.050 and 10.30.060." 17. Signs shall he posted indicating that alcoholic beverages must be consumed inside the restaurant and may not he taken off premises. 18. All persons who will he serving alcoholic beverages shall receive i..F.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition. 19. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall he subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such hooks and records of the license, as may he necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All infonnation obtained by an investigation of records shall remain confidential. 20. Alcohol shall he available only in conjunction with the purchase of food. 21. The rear door(s) of the premises shall be kept closed at all times during the operation of the business except in case of deliveries or emergencies. 22. No coin operated amusement devices shall be operated on the licensed premises. 23. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertisingisigns directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Police 25. Permitter shall comply with all regulatory provisions of the Business and Professions Code, section 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 3/110 Bi'. IT FURTI IER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE 11' FINALLY RESOLVED that this Resolution shall become effective and final on the day `✓ following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the ('ity Clerk prior to 5:00 p.m. on the day of that ('ity Council meeting. The ('ity Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of March 2, 2009, by the following vote: AYES: Farias, Baca, Alvarado, Pruit, Reynolds, Flores NAYS: ABSENT: DeLaPaz ABSTAIN: CIIAIRMAN Nerf 4/10 23"‘° 233° TO 2316 ,33A23' 1-. (f) _ j400 o 0 0 o- 2412- 24'32- 244 PROJECT SITE 2504" 25\2- 253° 27°4 22:0 233° cP 0 cP 2tas 250 100 0 100 200 Feet 253A LOCATION MAP 2008-40 CUP Conditional Use Permit for Beer and Wine at an Existing Restaurant at 2401 Highland Avenue NATIONAL Cl/TY PLANNING DRN. DATE: 2/17/09 INITIAL HEARING: 3/2/09 2008-40 CUP - Birrias Restaurant -- Site Photos National Plaza lookinsouth National Plaza looking southeast 6/10 Bim*as Restaurant Restaurant interior 7/lO ;'Birrias` `ch:voe 1 chew Birrias • t -t- • r .l I LEASE SPAGE 20-C PARTIAL ELEVATION EAST SIDE 2' 1' 0 1' 2' 4' 1/4" = I'-0' NATIONAL CITY PLANNING DEPT. EXHIBIT A - CASE FILE NO. 2008-40 CUP DATE: 9/11/2008 l ( ( ( "cc - NA _S 3Y MOP MO OMMIMMOMP VIM Ole w:J R r=` cc A.T^ S�GCItir_K 7 x E1ST EY..S-1,4 PA r:kG' L'>N✓..:.APE WI OM SIGEVAL< ! I <- y M MIM rAI SID'c• A_< HIGHLAND AVENUE •Gr.-)RESS 24C NAT V LITIJ 0 C) C) 0 z 7 ILi CY 1[4- El 21.19,1_091C1 vox A F-11-1-11 1 11 1 di-riei 1,30 .= . • flfl r 1.-1f:11 1"5 z z nr. Liu ELLI1 [ z' 1 [ T. A ( 0_ Cr 0 0 _J 1 0 / 1 0 City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE March 17, 2009 AGENDA ITEM NO. 19 (ITEM TITLE ESTABLISHMENT OF A CITY COUNCIL AD HOC COMMITTEE TO DISCUSS AND MAKE RECOMMENDATIONS REGARDING THE COMPENSATION OF EXECUTIVE AND MANAGEMENT EMPLOYEES PREPARED BY George H. Eiser, III DEPARTMENT City Attorney (Ext. 4221) EXPLANATION Please see attached memorandum. Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Consider establishment of a City Council ad hoc committee. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Memorandum A-200 (9/99) Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate TO: FROM: SUBJECT: City Council Ad Hoc Committee to Discuss and Make Recommendations Regarding the Compensation of Executive and Management Employees CALIFORNIA NATIONAL CIFTY anv k. 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 Mayor and City Council City Attorney DATE: March 1 I, 2009 Section 54957.6 of the California "public meeting law"; the Ralph N. Brown Act (the "Brown Act"), authorizes the City Council to meet in closed session with the City's designated representatives regarding the salaries and fringe benefits of the City's represented and unrepresented employees, and for represented employees, regarding any other matter within the scope of representation. "Represented" employees arc those represented by the one of the three bargaining units: the Municipal Employees' Association, the Firelighters' Association, and the Police Officers' Association. "Unrepresented" employees include the executive and management employees. Customarily, the Council meets with its representatives, comprised of executive staff members, during the course of collective bargaining negotiations with the City's three recognized bargaining units. As mentioned above, in addition to those matters pertaining to represented employees, Section 54957.6 authorizes the City Council to meet in closed session with the City's designated representatives to discuss the compensation of unrepresented employees. Based on this authority, prior to 2003 the City Council would customarily select one of its members as its designated representative, who would meet with the City Manager or his designee, on behalf of the executive and management employees, to discuss possible adjustments in the compensation of those employees. After such a meeting, the City Council's representative would meet with the entire Council in closed session to discuss executive and management compensation. This process would continue until the Council made a decision as to any adjustments in compensation for executive and management employees. it has been proposed that the Mayor appoint a two -member City Council ad hoc committee to act as the City's designated representatives to discuss executive and management employees' compensation with the City Manager. The ad hoc committee would then make recommendations and receive input from the entire City Council in closed session, as authorized by Section 54957.6 of the Brown Act. Any final action by the City Council would be taken in open session. GEORGE H. EISER, III City Attorney GHE/gmo 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California -1EETING DATE: March 17, 2009 AGENDA ITEM NO. 20 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $64,829.79 to the City of National City for the period of 02/11/09 through 02/17/09 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 Financial Statement N/A Approve the reimbursement of funds to the City of National City in the amount of $64,829.79 STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A J TACHMENTS (Listed Below) Warrants for the period the period of 02/11/09 through 02/17/09 CA LIFO ?E . a. PAYEE CORPORATE EXPRESS DENTA DENTAL DELTACARE HEALTH NET CHRISTENSEN & SPATH LLP CORPORATE EXPRESS DIXIELINE LUMBER CO. EQUIFAX INFORMATION SVCS FEDEX ICF JONES & STOKES MAYER HOFFMAN MCCANN P.C. PRUDENTIAL OVERALL SUPPLY RICK ENGINEERING CO SAN DIEGO TROLLEY INC SMART & FINAL VISTA PAINT a v - fNCORPORATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER # 34 2/17/2009 DESCRIPTION STORE CREDIT DENTAL INS FEB 2009 DENTAL INS PM! FEB 2009 HEALTH INS H0067A FEB 2009 LEGAL SERVICES-1441 HARDING CREDITS PAID BY THE CITY MOP 45707 PAINTING SUPPLIES - CD CRD REP BACKGROUND CKS - S8 SPECIAL MAIL HANDLING FEES EXPERT & CONSULT CITY AUDIT INCLUDING GASB34 MOP 45742 STREET UNIFORMS - CD ENGINEERING SERVICES FLAGGING SERVICES 01/21/09 MOP 45756 MISC SUPPLIES - CD MOP 68834 PAINTING SUPPLIES - CD CHK NO DATE AMOUNT 225380 2/17/09 (48.43) 225384 2/17/09 (58.10) 225385 2/17/09 (22.12) 225400 2/17/09 108.75 225448 2/17/09 2,537.50 225449 2/17/09 40.47 225450 2/17/09 33.18 225451 2/17/09 109.14 225452 2/17/09 27.90 225453 2/17/09 17,850.03 225454 2/17/09 1,500.00 225455 2/17/09 53.36 225456 2/17/09 42,556.15 225457 2/17/09 26.54 225458 2/17/09 58.05 225459 2/17/09 57.37 A/P Total 64.829.79 �-- CLIFOR.N.IA — Nit ZNCORPOBATED COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 34 2/17/2009 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 1,537.73 1,260.00 60,754.56 1,277.50 64,829.79 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California =ETING DATE: March 17, 2009 AGENDA ITEM NO. 21 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $16,630.90 to the City of National City for the period of 02/18/09 through 02/24/09 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 $16,630.90 J STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A rri for the period the period of 02/18/09 through 02/24/09 ACHMENTS (Listed Below) s. Li INCORPORATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER # 35 2/24/2009 PAYEE KLEINFELDER, INC. WADE & ASSOCIATES CORPORATE EXPP[_SS HARRIS & ASSOCIATES NIEDERFRANK'S ICE CREAM SWEETWATER AUTHORITY THE LONDON GROUP PAYROLL Pay period Start Date 4 1/27/2009 DESCRIPTION MARINA STORM DRAIN/SOIL SAMPLING PRINCIPAL PROJECT MANAGEMENT HOUSING & GRANTS OFFICE SUPPLIES GRANGER HALL REIMB - COMMUNITY BENEFIT LOAN 1310 HIGHLAND AVE HOTEL MARKETING ANALYSIS End Date Check Date 2/9/2009 2/18/2009 CHK NO DATE 225506 2/24/09 225539 2/24/09 225541 2/24/09 225542 2/24/09 225543 2/24/09 225544 2/24/09 225545 2/24/09 A/P Total AMOUNT 380.00 7,598.50 106.98 1,500.00 1,721.99 373.43 4,950.00 16,630.90 85,452.44 16,630.90 GRAND TOTAL $ 102,083.34 COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 35 2/24/2009 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 21,123.06 547.14 78,886.22 1,526.92 102,083.34 City of National City, California Community Development Commission COUNCIL AGENDA STATEMENT '1%,n1EETING DATE March 17, 2009 AGENDA ITEM NO. 22 '-ITEM TITLE Resolution of the Community Development Commission of the City of National City (CDC) ratifying an Agreement in the not to exceed amount of $9,000.00 with Sweetwater Authority to install water facilities in conjunction with the Bay Marina Drive Widening Project, and authorizing the Executive Director to execute said Agreement. Funds have been allocated from Tax Increment Fund , PREPARED BY Barby Tipton DEPARTMENT Engineering =. EXT. 4583 EXPLANATION A tee for a new water main needs to be installed as part of the Bay Marina Drive Widening Project. The Agreement provides for Sweetwater Authority to finalize detail design, plans and specifications, inspection and connection of line and acquisition of facilities, and for the CDC to arrange for the installation of the water facilities. Due to the urgency in completing the work, the Agreement has already been signed by the Executive Director, and should now be ratified by the Board. Ratification by the Board is necessary because the Agreement provides that the CDC will indemnify and hold harmless Sweetwater Authority from any damages arising from the CDC's installation of the water facilities. Environmental Review X N/A MIS Approval Financial Statement Approved By: U Fina1fce Director Funds are appropriated in Account # 511-409-500-598-3842 (Marina Gateway Improvements) Account No STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A I ATTACHMENTS (Listed Below) Resolution No. 1. Agreement (2 copies) 2. Resolution sweet A-200 (Rev. 7/03) RESOLUTION NO. 2009 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY RATIFYING AN AGREEMENT WITH SWEETWATER AUTHORITY IN THE NOT -TO -EXCEED AMOUNT OF $9,000 TO INSTALL WATER FACILITIES IN CONJUNCTION WITH THE BAY MARINA DRIVE WIDENING PROJECT, AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE SAID AGREEMENT WHEREAS, a tee for a new water main must be installed as part of the Bay Marina Widening Project; and WHEREAS, an Agreement has been executed between the Community Development Commission of the City of National City (the "CDC") and the Sweetwater Authority (the "Authority"), whereby the Authority, for the not -to -exceed amount of $9,000, will finalize detail design, plans and specifications, and inspection and connection of water lines and the acquisition of facilities; and WHEREAS, the Agreement would further provide that the CDC will cause to be done the installation of water lines by a Class "A" or "C-34" licensed contractor; and WHEREAS, due to the urgency in completing the work, the Agreement has already been signed by the Executive Director, and it is requested that the Agreement be ratified by the CDC Board. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby ratifies an Agreement between the CDC and Sweetwater Authority, whereby the Authority, for the not -to -exceed amount of $9,000, will finalize detail design, plans and specifications, and inspection and connection of water lines and the acquisition of facilities, and the CDC will cause the installation of water lines by a Class "A" or "C-34" licensed contractor, and the Executive Director is authorized to execute said Agreement. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of March, 2009. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT TO IMPROVE DEVELOPMENT -WATER FACILITIES THIS AGREEMENT is made and entered into this,' day of mom` 20 Oc:t , by and between SWEETWATER AUTHORITY, hereinafter called the "Authority," and City of National City Community Development Commission hereinafter called the "Owner." A. In the near future, the Owner desires to install a water main or mains and appurtenances to service his property. B. The Authority will own and operate such facilities, if constructed in the manner set forth herein. C. The parties desire, by this Agreement, to provide for the construction and completion of such facilities. NOW, THEREFORE, it is agreed: 1. The Owner hereby agrees, at his own cost and expense, to furnish all labor, equipment, and material to perform and complete, and within three hundred sixty five (365) days from the date of this Agreement by the Authority, to perform and complete in a good, workmanlike manner, according to the plans attached hereto and made a part of this Agreement, and in accordance with other special conditions noted in Exhibit "B" on file at the office of the Authority and any other plans or specifications referred to in this Agreement, the following subdivision improvements: Water facilities as shown on the attached plans and in accordance with the Authority's Standard Specifications and any other plans or specifications referred to by this Agreement or referred to in the attachments. (Exhibit "A," Exhibit "B," Faithful Performance Bond, Laborer's and Materialmen's Payment Bond, and/or Instrument of Credit, Set Aside Letter, and Certificate of Insurance, etc.) 2. The Owner agrees that the work shall be done by a Class "A" OR "C-34" licensed contractor, and that the work shall be subject to inspection by and to the satisfaction of the Authority and the improvement shall not be deemed complete until approved and accepted in writing by the Authority. The estimated cost of said water facilities is the sum of TWENTY THOUSAND AND NO DOLLARS ($20,000). The Owner's obligation under this Agreement extends to the completion of the improvements, as hereinabove set forth, and is not limited by the amount of the cost estimate. The Owner further agrees that the cost estimate is an estimate only, not intended to constitute liquidated damages or a limitation on the obligations of AGREEMENT TO IMPROVE DEVELOPMENT -WATER FACILITIES the Owner. The Authority shall be allowed to inspect the facilities during all stages of construction. The Authority shall be notified a minimum of forty-eight (48) hours prior to the commencement of construction. After completion of the facilities in accordance with the approved plans and specifications, and not less than thirty- five (35) days after the filing with the County Recorder of a "Notice of Completion" by the Authority, the facilities shall be considered as donated to the Authority and shall be owned and operated by the Authority, if accepted by the Authority. The Authority will not accept the facilities unless they are free of mechanic's liens. The Owner shall furnish the Authority satisfactory proof (ordinarily in the form of a title company report) that no liens were filed against the project prior to the expiration of the lien period. 3. Monuments and stakes previously installed which are removed, altered, or destroyed prior to the completion of the improvements and their acceptance by the Authority shall be installed by the Owner within thirty (30) days after such acceptance by the Authority. 4. The Owner shall convey to the Authority easements covering the property in which the water facilities are located at all instances where the facilities are not located in a dedicated street. The Owner shall have his Engineer provide the Authority with a legal description and an 8-V2-inch x 11-inch plat of easements. The plat shall be a reproducible transparency with the Authority title block and shall fully locate and describe the easement. 5. The Owner shall pay to the Authority, upon execution of this Agreement, and prior to commencement of any work hereunder, the amount of the cash deposit set forth in the Authority's Water Main Estimate for engineering, inspection, and disinfection fees, and for other Authority work and special charges. 6. The Owner shall obtain, at his expense, all necessary permits required by the county, state, or other public agencies in connection with the construction of the water facilities. 7. The water facilities constructed by the Owner shall be connected by the Owner to the existing water lines of the Authority in a manner approved by the Authority. If water facilities are constructed in private streets, the streets shall be curbed and/or 2 AGREEMENT TO IMPROVE DEVELOPMENT -WATER FACILITIES 3I S/Oi constructed such that no damage to paving, structures, or landscaping will result from full flow fire hydrant testing or from failure of the Authority water facilities. Acceptance of facilities shall not be made until the following requirements have been complied with: a) All work has been completed in accordance with the plans and specifications, all gate wells have been set flush with the street surface, and meter boxes set to finish grade; b) A set of original plans (vellum prints), corrected to conform to the work as constructed, has been submitted to the Authority. 8. The water facilities shall be operated by the Authority in accordance with the rules and regulations of the Authority. Meter costs are not included in the estimated cost of water facilities and shall be paid by the Owner, in accordance with the Authority's rate schedule, as it exists. Water for construction purposes will be provided in accordance with Authority's Rates and Rules, and Standard Practices. 9. The Authority shall not, nor shall any officer or employee of the Authority, be liable or responsible for any accident, Toss, or damage happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the same, nor shall Authority, nor any officer or employee of the Authority, be liable for any persons or property injured by reason of said work or improvements, but all of said liabilities shall be assumed by the Owner, who agrees to indemnify and save harmless the Authority and the officers and employees of the Authority from and against any and all claims, demands, losses, costs, and causes of action of any nature, and any expense incident to defense thereof (including attorney's fees), for injury to or death of persons or damage to property arising out of the construction of the water facilities. The Owner further agrees to protect the Authority and the officers and employees of the Authority from all liability or claims because of, or arising out of, the use of any patent or patented article in the construction of said improvements. The Owner shall cause the contractor to file with the Authority "Certificates of Insurance" in accordance with the Sweetwater Authority Special Administrative Policy - Insurance. 3 AGREEMENT TO IMPROVE DEVELOPMENT -WATER FACILITIES 10. The Authority shall not, nor shall any officer or employee of the Authority, be liable for any portion of the expense of the aforesaid work or for the payment of any labor or materials furnished in connection therewith. 11. The Owner shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government. California Labor Code Sections 1720 et seq. and 1170 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. The Owner agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws. The Owner hereby agrees to indemnify and hold the Authority harmless for any and all claims arising from or relating to compliance with the Prevailing Wage Laws by the Owner or its subcontractors. 12. By its signature hereunder, the Owner certifies that it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the services. 13. The Owner shall file with the Authority, at the time of submitting this Agreement for approval by the Authority, the following improvement securities: a) A good and sufficient bond in an amount of not less than the estimated cost of one hundred percent (100%) of said work and improvements as above specified for the "Faithful Performance" of the terms and conditions of this Agreement, and b) A good and sufficient bond in an amount not less than one hundred percent (100%) of the estimated cost of said work and improvements as above specified securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvement, "Laborer's and Materialmen's said Bond shall contain the provisions set forth in Section 3247 of the California Civil Code and shall inure to the benefit of those persons referred to therein." 4 AGREEMENT TO IMPROVE DEVELOPMENT -WATER FACILITIES The form of the bond shall be as specified by the Authority. Should the sureties on either of said bonds become insufficient, the Owner agrees to renew said bond or bonds with good and sufficient sureties within ten (10) days after receiving notice that said sureties are insufficient. 14. In lieu of filing the bond, as referred to in paragraph (a) of Section 11, the Owner may furnish other improvement security in accordance with the Authority Standard Practices. Said improvement security shall be in the same amount and for the same purposes as the bond, as above specified, and in a form satisfactory to the Authority. 15. The. Authority may make such changes, alterations, or :additions to the plans and specifications attached hereto which do not exceed ten percent (10%) of the original estimated cost of the improvement as may be determined necessary and desirable by the Authority for the proper completion of the said work and improvements and no such changes, alterations, or additions shall relieve the surety or sureties on any bond given for the faithful performance of this Agreement. 16. In the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, said extension may be granted by the Authority and shall in no way affect the validity of this Agreement or release the surety or sureties on any bond given for the faithful performance of this Agreement. 17. The Owner shall, and hereby does, guarantee all work for a period of one (1) year after date of acceptance of work by the Authority, and shall repair or replace any and all such work, together with any other work, which may be displaced in so doing, that may prove defective in workmanship and/or materials within a one (1) year period from date of acceptance of the work by the Authority without expense whatsoever to the Authority, ordinary wear and tear, unusual abuse, or neglect excepted. The Authority will give notice of observed defects with reasonable promptness. The Owner shall notify the Authority upon completion of repairs. In the event of an emergency, the Authority may make the repairs and the Owner shall be liable for all expenses incurred. In the event the Owner fails to comply with 5 AGREEMENT TO IMPROVE DEVELOPMENT -WATER FACILITIES the Authority's request for correction within one (1) week after being notified in writing by the Authority, the Authority is hereby authorized to proceed to have the defects repaired and make good at the expense of the Owner, who hereby agrees to pay the cost and charges therefore, immediately upon demand. In the event the Authority elects to repair the defective work, such action by the Authority will not relieve the Owner of the guarantees provided in this paragraph. 18. The plans provided for in this Contract conform to the current standards of the Authority. The developer will be required to conform to the standards applicable on the date upon which construction is commenced on the development if construction is not commenced within six (6) months of the date of the execution hereof by the Authority. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day first above written. SWEETWATER AUTHORITY: By JarTes L Smyth, Operations Manager CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION: By Date: 3 - Date: NOTE: Plans to be attached to Agreement. Agreement to be attached to bond. I:\engr\Dev\Marina Gateway Streetscape\Stub-of-Main-Ph__1 DRAFT-AGMT-PKG\stub_main_ IMPDEV.doc 6 ....m.o....a., 'or M10. al4,1,M. EXHIBIT "A" Project: Marina Gateway Improvements, National City Date: February 24, 2009 1/4 Section 175 Inspection Deposit: National Clty's Contractor to install: Apx. 12"x8" tee and valves as first part of Bay Marina Drive Improvements. 4 N 100 50 0 100 Feet MIME. •i • fh mains 1•eng.p.x.a.,eurc won., auetn...GIWCIP (»MBA nt. EXHIBIT B MARINA GATEWAY STREETSCAPE PHASE I February 24, 2009 1 The Owner/Developer shall provide for the installation of the water facilities listed below. 2. No facilities will be installed prior to the execution of an Agreement to Improve Development — Water Facilities. 3. No facilities will be installed prior to the acceptance by Sweetwater Authority (Authority) of the A) Bond forms and/or Instrument of Credit, and B) Certificate of Insurance (see attachments). The Owner main sah's(y Doi inswaner ITV; ,�e.r►e,,b 'impose/ -3i5 /oq by this /I fireervKni" by Jnetiitain.nj I? IAwfu1 Self— ins ure<I 1•1-4fus dorinj the Ivan d IA14/19rtc.4cA1 4. Improvement plans shall not be signed, as approved by the Authority, prior to the completion of the stipulations spelled out in paragraphs 1 through 3. 5. Developer shall provide for compaction testing per requirements of the Authority. 6. Developer shall provide for construction staking and surveying for the proposed water facilities. 7 Community Development Department of National City shall install the water facilities listed in paragraph 8. Nolof 8. INSTALLATIONS: A. 12"X8" TEE, VALVES AND APPURTENANCES TOTAL ESTIMATE $20,000 $20,000 9. BOND AMOUNTS AND/OR INSTRUMENT OF CREDIT: A. Faithful Performance Bond, 100% $20,000 B. Laborer's and Materialmen's Payment Bond, 100% $20,000 C. Instrument of Credit, 200% $40,000 10. FINAL DETAIL DESIGN — PLANS AND SPECIFICATIONS: $500 11. ACQUISITION OF FACILITIES (Deposit): $1,000 12. INSPECTION AND CONNECTION (DEPOSIT): $7,500 TOTAL DEPOSITS $9,000 13. The above figures for deposits are estimates only and may vary accordingly. Upon completion of installation, costs will be computed, and a billing or refund will be issued to your firm. 14. In the event a ninety (90)-day period elapses from the date of Exhibit B, the above estimated deposits may be revised and are subject to the condition of agreement with the Authority. 15. Contractor is responsible for consumer side connection of proposed project meters including the installation of consumer ball valves. ************************************************************************************************** ACCEPTANCE SWEETWATER AUTHORITY L. Smyth, Operations Manager Date CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION Date I:\engr\Dev\Marina Gateway Streetscape\Stub-of-Main-Ph 1 DRAFT-AGMT-PKG\EXHIBIT B MAR- GTWY_STUB.doc City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT 2.3 MEETING DATE March 17, 7009 AGENDA ITEM NO. /ffEM TITLE / Resolution of the Community Development Commission (CDC) of the City of National City Authorizing the Executive Director to execute the First Amendment to Agreement by and between the Community Development Commission of the City of National City and Pacific Municipal Consultants (PMC) increasing the original agreement by $12,200 from $91,000 to $103,200 for additional staff time to complete the EIR process PREPARED BY Alfredo Ybarra (ext. 4279 Community Development Manager DEPARTMENT Community Development, Housing and Grants Division EXPLANATION On June 19, 2007, the CDC of National City approved a contract with PMC for $91,000 to provide the Environmental Impact Report (EIR) required by the State for the final designation of the San Diego Regional Enterprise Zone (SDREZ). The City of San Diego had agreed to fund 80% of the cost, not to exceed $72,800, and the CDC of National City had agreed to fund 20% of the cost, not to exceed $18,200. To date, the City of San Diego has reimbursed the City of National City for the actual contract cost of $72,799.73. Due to extra staff work by PMC to respond to City of San Diego related written comments concerning the EIR, the costs increased by $12,200 for a total cost of $103,200. As a result, the City of San Diego has agreed to pay for the dditional costs of $12,200 (see related item). This amendment to agreement between the CDC and PMC increases the total contract amount to $103,200 for the / S�DREZ E1R process. There are no additional costs to the CDC in relation to this ended agreerrlent. // Environmental Review N/A Approved By: nance Director Financial Statement There is no fiscal impact associated with this request. STAFF RECOMMENDATION Adopt resolution ATTACHMENTS 1. Background Report ). Agreement 3. Resolution Resolution No. A-200 (9/80) ATTACHMENT 1 BACKGROUND REPORT In August of 2006, the following Partners, Chula Vista, San Diego, and National City, submitted a "San Diego Regional Enterprise Zone" (SDREZ) Application to the State. This application was given a conditional approval effective October 15, 2006 through the State's Housing and Community Development Department pending final designation of a completed Environmental Impact Report (EIR). This new SDREZ designation is a long-term (15 year) partnership between local go\ ernments and private companies to generate new private sector investment and growth with, the state providing performance -based tax credits and incentives to Enterprise Zone businesses to: 1) promote "smart growth" by revitalizing chronically deteriorated areas; 2) hire the most difficult to hire residents in private sector jobs; and 3) retain, expand, and reward businesses that participate in these objectives. As stated in the FIRST MOU with the "Partners", National City agreed to contract with Pacific Municipal Consultants (PMC) for $25,000 to provide environmental consulting services related to the submittal of the Application in compliance with the requirements of the California Environmental Quality Act (CEQA) guidelines. Partners negotiated and agreed to terms for each jurisdiction's share of PMC's contract to provide the Initial Study and Notice of Preparation. Those services totaled $15,063. On June 19, 2007, the Partners requesting to enter into a new Agreement with PMC to provide the Environmental Impact Report required by the State for the final designation of the SDREZ. The cost for the EIR was estimated at $91,000. The City of San Diego had agreed to fund 80% of the cost, not to exceed $72,800, and the CDC of National City had agreed to fund 20% of the cost, not to exceed $18,200. The City of San Diego has reimbursed the City of San Diego for the actual contract cost of $72,799.73. During the course of obtaining public comments, the City of San Diego received many public comments concerning the EIR. The increase of $12,200 is a result of extra staff work by PMC to respond to City of San Diego related written comments concerning the EIR. As a result, the City of San Diego has agreed to pay for the additional costs of $12,200. There are no additional costs to the City in relation to this amended agreement. RESOLUTION NO. 2009 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A FIRST AMENDMENT TO AGREEMENT WITH PACIFIC MUNICIPAL CONSULTANTS IN THE NOT -TO -EXCEED AMOUNT OF $12,200 FOR ADDITIONAL STAFF TIME TO COMPLETE THE EIR PROCESS WHEREAS, in August 2006, the City of Chula Vista, the City of San Diego, and the City of National City, (collectively the "Partners" or "Partnership"), entered into a Memorandum of Understanding ("MOU") to identify the Partnership and its intended goals, and to allocate financial responsibility for those consulting services necessary for the submittal of the application ("Application") to the California Housing and Community Development Department ("HCD") for designation of a San Diego Regional Enterprise Zone ("SDREZ"); and WHEREAS, on June 19, 2007, the Community Development Commission of the City of National City ("CDC") adopted Resolution No. 2007-139, approving an Agreement with Pacific Municipal Consultants in the amount of $91,000, of which CDC was responsible for paying 20% of the costs (not -to -exceed $18,200), and the City of San Diego was responsible for paying 80% of the costs (not -to -exceed $72,800), for professional services to prepare and submit an Environmental Impact Report (EIR) to the California Housing and Community Development Department; and WHEREAS, an amendment to the original agreement in the not -to -exceed amount of $12,200 is necessary due to the additional time needed to respond to the City of San Diego's related public comments concerning the EIR, and the City of San Diego has agreed to pay for the additional $12,200. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute the First Amendment to Agreement between the Community Development Commission of the City of National City and Pacific Municipal Consultants in the not -to -exceed amount of $12,200, to be paid by the City of San Diego, for a total agreement cost of $103,200. PASSED and ADOPTED this 1791 day of March, 2009. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF'TIIE CITY OF NATIONAL CITY AND PACIFIC MUNICIPAL CONSULTANTS THIS FIRST AMENDMENT (this "Amendment") is entered into as of the Seventeenth (17) day of March, 2009, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (the "CDC"), and PACIFIC MUNICIPAL CONSULTANTS (the "Consultant"). RECITALS WHEREAS, the CDC and the Consultant entered into a certain Agreement dated as of 7TH day of September, 2006 (the "Agreement") pursuant to which the CDC employed the Consultant to provide the Environmental Impact Report required by the State of California for the final designation of the San Diego Regional Enterprise Zone (SDREZ); and WHEREAS, the City of San Diego had previously agreed via a separate agreement to fund 80% of the cost of the Environmental Impact Report, which amount has been paid; and WHEREAS, due to extra staff work by Consultant to respond to City of San Diego related written comments concerning the Environmental Impact Report, the costs increased by $12,200; and `.�• WHEREAS, the City of San Diego has agreed by separate agreement to pay for the additional $12,200 cost; and, NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING PREMISES AND OTHER VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICII ARE HEREBY ACKNOWLEDGED, THE PARTIES HERETO, FOR THEMSELVES AND THEIR SUCCESSORS AND ASSIGNS, DO MUTUALLY AGREE AS FOLLOWS: 1. Scope of Services. Section 2 of the contract with Consultant dated September 7, 2006 specifies the scope of services. This Amendment specifies additional work to be performed by Consultant for CDC at specified hourly rates, which work and rates are detailed in Exhibit B, attached hereto and incorporated by reference. 2. Consultant's Compensation. Section 4 of the contract with Consultant dated September 7, 2006, addresses compensation. This Amendment authorizes the payment of an amount not to exceed $12,200, increasing the "not to exceed" amount from ninety-one thousand ($91,000) to one -hundred three thousand two hundred dollars ($103,200) for all services, including the services which are the subject of this Amendment. Payment from the CDC to the Consultant for this additional work shall not be due prior to thirty (30) days from the time payment is made to CDC from the City of San Diego for this same amount. 3. The parties agree that with the foregoing exception, each and every term of the Agreement shall remain in full force and effect. In the event of any conflict between the 1 provisions of this Amendment and the provisions of the Agreement as amended by the Amendment, the provisions of this Amendment shall control. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Agreement as of the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION PACIFIC MUNICIPAL OF THE CITY OF NATIONAL CITY CONSULTANTS By: By: Name: Chairman APPROVED AS TO FORM: George H. Eiser, III, Legal Counsel Name: Title WITNESS/ATTEST: By: 2 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE March 17, 2009 AGENDA ITEM NO. 24 ITEM TITLE A resolution approving an Agreement with the National City Chamber of Commerce to implement a Storefront Renovation Program until June 30, 2011 on 8th Street from Interstate 5 to J Avenue, not to exceed $250,000 to be matched with funds from the Morgan Square Property Based Improvement District. PREPARED BY Patricia Beard (ext 4255) Y Redevelopment Manager DEPARTMENT Redevelopment Division EXPLANATION The Agreement, if approved, will match a commitment from the Morgan Square Property Based Improvement District ("PBID") to implement a Storefront Renovation Program on 8th Street in which businesses in the target area, without regard to Chamber membership, can receive up to $10,000 in non-structural improvements to lighting, paint, signage and landscaping. The Chamber of Commerce will implement the program by retaining a Project Director acceptable to the Executive Director and each storefront design will be approved by a panel assigned for that purpose. The CDC will provide funding for start-up marketing costs and consulting costs of the Project Director. All other CDC funding will go solely to pay labor and contractor costs for the actual storefront improvements. The program will create a limited amount of immediate short-term jobs for contractors. ..} Environmental Review Not applicable. Financial Statement Once a commitment of $250,000 has been received by the Chamber of Commerce from the PBID, $2,500 will be released to pay for start up marketing costs and $15,000 will be released for consulting costs of the selected Project Director. Thereafter payments not to exceed $10,000 per storefront will be issued by the CDC upon submittal of an executed Storefront Renovation Agreement between the Chamber and business, with property -owner approval. STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL le) Partner with Community Organizations, 4d) Support Community Benefit Districts, 5a) Implement Downtown Specific Plan, 9d) Concentrate Facade Program on identified focus areas. 1' ATTACHMENTS 1. Proposed Agreement 2. Chamber of Commerce business plan 3. Resolution No. 1 RESOLUTION NO. 2009 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH THE NATIONAL CITY CHAMBER OF COMMERCE FOR FUNDING IN THE NOT -TO -EXCEED AMOUNT OF $250,000 FOR THE IMPLEMENTATION OF A STOREFRONT RENOVATION PROGRAM ON 8TH STREET FROM INTERSTATE 5 TO "J" AVENUE WHEREAS, the National City Chamber of Commerce ("Chamber") has proposed to implement a Storefront Renovation Program on 8th Street between Interstate 5 and "J" Avenue in which businesses in the target area, without regard to Chamber membership, can receive up to $10,000 in non-structural improvements to lighting, paint, signage, and landscaping; and WHEREAS, the Community Development Commission of the City of National City ("CDC") desires to enter into an agreement with the Chamber to provide funding in the not - to -exceed amount of $250,000 for start-up costs, consulting, and labor and contractor costs for the Chamber's Storefront Renovation Program; and WHEREAS, upon execution of this Agreement, matching funds will be provided to the Chamber by the Morgan Square Property Based Improvement District ("PBID"); and WHEREAS, leveraging these resources together will accomplish revitalization consistent with the goals of the Redevelopment Plan for the National City Redevelopment Project. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an Agreement with the National City Chamber of Commerce to provide funds in the not -to -exceed amount of $250,000 for the implementation of the Chamber's Storefront Renovation Program. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of March, 2009. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney ATTACHMENT 1 AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND NATIONAL CITY CHAMBER OF COMMERCE THIS AGREEMENT is entered into this day of 200, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and NATIONAL CITY CHAMBER OF COMMERCE, a non-profit corporation (the "CONTRACTOR". RECITALS WHEREAS, the CDC desires to employ a CONTRACTOR to implement a Storefront Renovation Program. WHEREAS, the CDC has determined that the CONTRACTOR is a non-profit corporation organized to serve the business community and is qualified by experience and ability to perform the services desired by the CDC, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CDC hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CON TRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit " A ". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONTRACTOR shall appear at meetings cited in Exhibit " A "to keep staff and City Council advised of the progress on the project. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Program Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director, as approved by the Executive Director, to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. Upon approval of this Agreement, the CDC shall advance to the CONTRACTOR $2,500 for marketing costs and materials preparation. Upon approval by the CDC Executive Director of the person selected by CONTRACTOR to be its Project Director, an amount not to exceed $15,000 will be advanced to the CONTRACTOR to offset its consultant fees. The funding for each Storefront Renovation Project shall be provided by the CDC in increments not to exceed $10,000, which is the maximum amount available for each Storefront Renovation Project. Each $10,000 increment shall be payable 30 days from receipt by the CDC Program Coordinator of an executed Storefront Renovation Agreement. Monthly updates on the progress of each Storefront Renovation Project will be provided to the CDC Program Coordinator by the CONTRACTOR'S Project Director, and within 60 days of completion of each Storefront Renovation Project, a Certificate of Completion, evidencing that the Storefront Renovation Project is completed, shall be provided by the CONTRACTOR to the CDC, or the $10,000 provided by the CDC for the Project shall be refunded. The Program shall be conducted as set forth in the attached Exhibit "A". The total amount of funding to be provided by the CDC for the entire Storefont Renovation Program shall no exceed $250,000. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred for each Storefront Renovation Project 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 CDC and for furnishing of copies to the CDC, if requested. 5. ACCEPTABILITY OF WORK. The CDC 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 CONTRACTOR and the CDC cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the CDC or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the CDC shall each prepare a report which supports their position and file the same with the other party. The CDC shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 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 CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CDC and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CDC's purposes, and the CONTRACTOR expressly waives and 2 Citys Standard Agreement — May 2008 revision 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 CDC of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 15 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR, the CONTRACTOR'S employees, nor the contractors or their employees who perform on each Storefront Renovation Project, are employees of the CDC and are not entitled to any of the rights, benefits, or privileges of the CDC's employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or SUBCONTRACTORs, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CDC wholly independent CONTRACTORs and that the CONTRACTOR's obligations to the CDC are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its SUBCONTRACTORs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. All contractors performing Storefront Renovations 3 Citys Standard Agreement — May 2008 revision and recipients of Storefront Renovation Program funds, are required to obtain a City of National City Business License prior to Execution of a Storefront Renovation Agreement. 12. STANDARD OF CARE. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 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 CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the Community Development Commission of 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 4 City's Standard Agreement — May 2008 revision nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement, and excluding anything arising out of the CDC's sole negligence in the performance of this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC 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 CDC or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subCONTRACTORs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. 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"). B. 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. C. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'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 CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. D. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. E. Said policies, except for the professional liability and workers' compensation policies, shall name the CDC and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Any aggregate insurance limits must apply solely to this Agreement. H. 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 National City 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. I. 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 National City Risk Manager. If the CONTRACTOR does not keep all of such insurance 5 Citys Standard Agreement - May 2008 revision policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CDC. 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 CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC 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 CDC. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CDC, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any 6 Cities Standard Agreement — May 2008 revision damages caused the CDC by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 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 the CDC: To the CONTRACTOR: Brad Raulston, Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 Jacqueline Reynoso, President/CEO National City Chamber of Commerce 901 National City Boulevard National City CA 91950 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 CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CDC. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its 7 City's Standard Agreement - May 2008 revision official position to influence in any way any matter coming before the CDC in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTORrepresents 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 CDC. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTORshall file a Statement of Economic Interests with theCity Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 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. 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 8 City's Standard Agreement — May 2008 revision 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. COMMUNITY DEVELOPMENT COMMISSION NATIONAL CITY CHAMBER OF OF THE CITY OF NATIONAL CITY COMMERCE (Corporation — signatures of two corporate officers) By: (Partnership — one signature) Ron Morrison, Chairman (Sole proprietorship — one signature) By: (John Pasha) (Chairman) `., APPROVED AS TO FORM: By: (Patti Finnegan) L George H. Eiser, Ill (Treasurer) Legal Counsel 9 Citys Standard Agreement — May 2008 revision EXHIBIT A TO AGREEMENT BETWEEN THE CDC AND CHAMBER OF COMMERCE - STOREFRONT RENOVATION PROGRAM The Chamber of Commerce (hereinafter sometimes referred to as the "CONTRACTOR") will implement a Storefront Renovation Program in conjunction with the 8th Street Revitalization project for commercial properties fronting on 8`h St from I-5 to J St. The program will continue until June 30, 2011 with the first priority being commercial properties fronting on 8`h St from I-5 to D Avenue. The Program will be administered consistent with the Program Administration Proposal submitted to the CDC except where provisions of the Agreement and this Exhibit A provide conditions additional and/or different to the proposal: 1. The program shall he available to all property owners and businesses regardless of Chamber of Commerce membership and no requirement regarding Chamber of Commerce membership shall be a condition of program participation; 2. As a precondition to the grant of CDC funds under this agreement, evidence of a commitment of funds from the Morgan Square Property Based Improvement District (such as an approved Board resolution or executed Agreement) shall be provided to the CDC in advance of Program inception and CDC disbursement of funds; 3. The Chamber of Commerce shall retain a qualified Project Director to be approved by the CDC Executive Director to manage all aspects of the program; 4. The Chamber of Commerce shall create a standardized Storefront Renovation Agreement with business owners for use in the Program which shall include, at minimum; a. Evidence of building compliance with the City of National City Municipal Code in advance of Chamber approval of any Storefront Renovation Agreement (such as building code, business license, etc); b. Requiring completion of any individual Storefront Project within six (6) months of Agreement execution; c. The not to exceed expense will be $10,000 per storefront (including $10,000 per storefront in a multiple storefront facility); d. Approval of the property owner. 5. Included renovations shall be limited to exterior paint, lighting, signage, landscaping and awnings. The CDC's Program Coordinator shall, in cooperation with the Executive Director and City Planner, develop signage guidelines for the program. No structural repairs or improvements of any kind shall be constructed; 6. Execution of a Storefront Renovation Agreement will include one original specifically to be provided to the CDC. 7. The Chamber's Project Director will directly manage each Storefront Project and the Chamber will contract directly with vendors — there shall be no cash payments made to Program participants; 8. Necessary permits, if any, from the City of National City shall be obtained and are an eligible expense and may be paid for through CDC contributions; 9. All proposed Storefront Renovation Project designs shall be approved by the Storefront Renovation Committee. Said Committee shall be composed of members chosen by the CDC Executive Director or his/her designee and may Niro EXHIBIT A TO AGREEMENT BETWEEN THE CDC AND CHAMBER OF COMMERCE - STOREFRONT RENOVATION PROGRAM include, at his/her discretion, the Chamber of Commerce CEO or his/her designee, and the Morgan Square PBID Chair or his/her designee; 10. The Chamber shall create a Certificate of Completion to document the completion of projects consistent with the design approved by the Storefront Renovation Approval Committee; 11. Within 60 days of completion of any Storefront Renovation, an original Certificate of Completion signed by the Chamber's Project Director will be provided to the CDC Program Coordinator; 12. In the event a Storefront Renovation is not completed in accordance with the executed Storefront Renovation Agreement, the Chamber shall account to the CDC Program Coordinator for any expenses incurred, the reason the Storefront Renovation was not completed in accordance with the Agreement and reimburse the CDC for all monies within the $10,000 not utilized for the Renovation; 13. Prevailing wages: All work pursuant to any Storefront Renovation Agreement shall be done in accordance with all applicable federal and state labor standards. The CONTRACTOR is aware of Sections 33423 — 33426 of the California Health and Safety Code and Sections 1770 — 1780 of the California Labor Code and is aware of the requirements of California Labor Code Sections 1720 et. seq. and 1770 et. seq. as well as California Code of Regulations, Title 8, Section 16000 et. seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. In the event a determination should ever be made that any Storefront Renovation Agreement does involve a "public work" or "maintenance project" the CONTRACTOR agrees to ensure that any contractor or subcontractor performing work pursuant to a Storefront Renovation Agreement shall fully comply with such Prevailing Wage Laws. The CONTRACTOR shall defend, indemnify and hold the CDC, its elected officials, officers, employees and agents free and harmless from any and all claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure by such contractor or subcontractor to comply with the Prevailing Wage Laws in connection with a Storefront Renovation Agreement. If the CDC or any of the indemnified parties are named as a party in any dispute described in this Section 13, the CONTRACTOR agrees that the CDC and the other indemnified parties may appoint their own independent counsel who are reasonably acceptable to the CONTRACTOR, and the CONTRACTOR agrees to pay all reasonable attorneys' fees and defense costs of the CDC and other indemnified parties, in addition to all other damages, fines, penalties and losses incurred by the CDC and the other indemnified parties as a result of the action. National City Chamber of Commerce NCCC Office 901 National City Bto., National City, CA 91950 ATTACHMENT 2 yy Fax 619-477-5018 Program Administration Proposal Morgan Square District & 81 Street Revitalization Project THE CHAMBER Prepared byJaoquefine Rwreo, CEO February 3, 2009 sin Project Overview Background Morgan Square District and 8th Street Revitalization Project History 1) Since the formation of the Down Town National City Property Business Improvement District (Morgan Square District) in fiscal year 2004-2005, the Board of Directors has voted to finance special benefit services that include Public Rights of Way and Sidewalk Operations (PROWSO) and District Identity and Streetscape Improvements (DISI). 2) The proposed activities for the District include streetscape, sidewalk, parkway and street furniture maintenance, repair and replacement including, but not limited to, trees, sidewalk pavement, sidewalk bollards, street furniture, trash receptacles, and street lights, as well as periodic landscape maintenance and steam cleaning services that benefit businesses and real property located in the District. 3) Morgan Square District (MSD) includes 153 parcels and 93 property owners. 4) On June 21, 2007, The Board of Directors confirmed and approved the District's design guidelines developed by Bennett Peji Design. The design guidelines conform to the Downtown Specific Plan, with the exception of the street bench designs. 5) The City of National City established the 8th Street Storefront Improvement Program for FY 2008-09. The Program set out to renovate the storefront of properties located on 8th Street between Hoover Avenue and Highland Avenue in National City. The total amount allocated to the Project was $500,000. 6) The 8th Street Storefront Improvement Program includes 60 parcels and 40 property owners. 7) The City of National City contracted with project designer, Graham Downes Architecture on March 20, 2008, to provide architectural and design services for the 8th Street Storefront Improvement Program. 8) During the month of January 2009, Morgan Square District and the City of National City met to discuss the possibility of partnering on a storefront revitalization project. Both entities pledged to work together on a comprehensive plan to revitalize Downtown, with a focus on Morgan Square District and 8th Street commercial corridor between Hoover Ave. and Highland Ave. Morgan Square and City officials agreed to take the proposal to their respective goveming bodies for final approval. Financing 1) The Engineer's Report, required by Section 22622 of the Landscape Maintenance and Lighting Act of 1972, is the central document relative to the Levy of Assessments within The Downtown National City Property Business Improvement District ("The District"). The Engineer's Report is contained in the Downtown National City Property Business Improvement District Management District Plan, approved on April 30, 2004 by the City Council. 2) All proceedings for the establishment of a levy of assessment for the District will comply with the provisions of Proposition 218, approved by voters on November 5, 1996. 3) The County of San Diego Auditor and Controller collect fees as part of the annual property tax roll procedures. Upon collection, the funds are disbursed to the City. 4) City Council collects assessments against Tots and parcels of real property within the District, commencing with fiscal year 2004-05. 5) Maintenance costs for fiscal year 2008-2009 operation of the District were estimated at $240,688.64 with an option to increase a maximum of 5% for subsequent years with fees to the property owners in the range of $240 to $22,786.90. No change in the assessment amount is expected for fiscal year 2009-20010. 6) In January 2009, MSD and the CDC of National City agreed to a tentative commitment of $250,000 each toward the Program, pending final approval from their respective goveming bodies. 7) The grant amount allocated to each facade will be based on the number of positive .rri responses from program applicants. Program funds will be divided accordingly. Proposed Project Funding Organization Project Fund Deposit Account Morgan Square District (PBID) $250,000 NCCC City of National City $250,000 NCCC TOTAL $500,000 NCCC Table: Proposed Funding for Morgan Square District and 8th Street Revitalization Project 2 2 Proposal Facade Program Administration The National City Chamber of Commerce proposes to administer the Morgan Square District and 8th Street Revitalization Program on behalf of Morgan Square District and the City of National City. The Chamber of Commerce is organized to promote the general welfare and prosperity of the business community_ The National City Chamber of Commerce mission statement is "to increase opportunities for businesses and advocate for our membership in matters related to business, government, and community relations." Many of the businesses and property owners considered for participation in this Program are members of the National City Chamber of Commerce. While some are not members, we are confident that improvements to the Downtown commercial corridor will greatly enhance business opportunities and stimulate economic growth for member businesses and the community as a whole. The Scope of the project impacts public safety, city marketing, economic activity, and consequently, quality of life. The Chamber will work with the City and MSD to realize a successful revitalization Program. The Program will focus on facade improvements limited to paint, signage, lighting, and landscaping. Administrative Responsibilities 1) Open a separate fund account to manage Program funds 2) Submit Delinquent Parcel Audit of Downtown Property Business Improvement District to MSD 3) Develop Program Guidelines with City and MSD 4) Develop Program Application with final approval from City and MSD 5) Develop Program Marketing Materials (brochures, flyers, press release) 6) Market the Program to eligible participants i. Send out letters and application regarding program participation to property owners/ tenant businesses ii. Follow up with phone calls and site visits iii. Coordinate and co -host Program workshop 7) Organize Design Team / Program Committee i. Representative from CDC of National City 3 ii. Representative from MSD iii. Representative from NCCC iv. Design Consultant 8) Issue an RFP/Q for a Design Consultant 9) Enter into an Agreement with Design Consultant 10) Establish Design Guidelines with Design Team 11) Issue an RFP/Q for a Construction Manager (CM), and Contractor, if necessary 12) Enter into an Agreement with CM and/or Contractor 13) Manage Application Process i. Collect applications and review for completeness ii. Coordinate application review with Design Team/ Program Committee iii. Issue follow up letters (approval, denial, or request for more information) iv. Coordinate site visit between City of National City Code Enforcement and program participant to assure that all violations are cleared before project begins. 14) Program Boundaries will be established upon receipt of applications. The City will match program funds expended in MSD. Additional City funds may be allocated to storefronts along 8th street (between Hoover and Highland) which are outside of MSD. 15) Manage Design Consultation Process i. Coordinate meetings between program participant and Design Consultant ii. Establish scope of project 16) Solicit 3 project bids from local vendors 17) Obtain invoices from preferred vendor 18) Draft agreements between program participant and CDC/MSD. Serve as Liaison to MSD and City Staff including City Attomey's office, City Clerk, and Executive Director of Community Development. 19) Issue notice to proceed to construction team 20) Disburse payments upon project completion 21) Prepare Final Report and present to City Council and MSD a. Total Number of Facades Completed (improvements made) b. Project Costs c. Testimonials 4 Program Timeline { 1) Application form submitted to the Chamber by application deadline 2) Applications reviewed and applicants notified of program participation 3) Initial site visits conducted { 4) Design Consultant/ Construction Manager selected 5) Design Team organized 6) Design Guidelines finalized I { 7) Finalize project scope with program participant and Design Team 8) Chamber obtains projects bids and drafts Agreements I{ 9) Chamber selects vendors and issues a Notice to Proceed to construction team I{ 10) Select Projects completed '"' Timeline is subject to change depending on Consultant/ Contractor feedback. Program Budget The total cost of Program Administration is $30,000. Program funds will be disbursed from the program fund account. Admin Budget Outreach $1,750 Alication Processin • $1,750 Grant Processin • $24,000 Marketin • $2,500 TOTAL $30,000 Pro. ram Bud.et 13.'. ISM -1Yt ._.. ___ ... Pro • ram Overhead �t`�� .. ...... ..... . .. 1 $27,500 Marketin • $2,500 Consultant Fees $15,000 Pro'ect Contin•enc $5,000 Pro.ect Ex•enses $450,000 TOTAL $500,000