Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2009 06-16 CC CDC AGENDA PKT
Agenda 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 — June 16, 2009 — 6:00 Y.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council and Community Development Commission (CDC) to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. ROLL CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can he 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. .S''panish 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 audiofonos 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 6/16/2009 - Page 2 PROCLAMATION 1. Proclaiming Tuesday, June 16, 2009 as: "ROGER G. POST DAY" PRESENTATIONS 2. Employee of the Month of June, 2009: Esther Clemente, Administrative Secretary, City Clerk's Office 3. Recognizing Adam Landa, Asst. Civil Engineer for his 30 years of service. 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 Meeting of May 5, 2009. (City Clerk) 5. Resolution of the City Council of the City of National City authorizing the Mayor to execute Addendum No. 2 to the as -needed Civil Engineering/Traffic Engineering Services Agreement with Harris & Associates in the not -to exceed amount of $41,985 for preparation of plans, specifications and estimates for the T Avenue Reconstruction Project. (Funded through Prop A funds and Contract Services funds). (Engineering) 6. Resolution of the City Council of the City of National City waiving the bid process and authorizing the sole source purchase of three solar -powered radar speed feedback sign trailer units with variable messaging and data collection capabilities from Fortel Traffic, Inc. in the not -to -exceed amount of $35,890 for use by National City Police and Engineering Departments to enhance driver awareness of excessive speeds and encourage drivers to reduce speeds to improve traffic safety. (Funded through Office of Traffic Safety Grant) (Engineering) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 6/16/2009 - Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City approving Amendment No. 1 to the Agreement with Kleinfelder West, Inc. in the amount not -to -exceed $6,500 and authorizing the Mayor to execute the Amendment to provide materials testing services in conjunction with the Bay Marina Drive Widening. (Funds are available in the Tax Increment Fund). (Engineering) 8. Resolution of the City Council of the City of National City accepting approved funding from California Integrated Waste Management Board (CIWMB) with Grant RAC13-7-3 (Rubberized Asphalt Concrete) in the amount of $250,000 in conjunction with the FY 08-09 Street Resurfacing Project. (Engineering) 9. Resolution of the City Council of the City of National City approving an Amendment to the Agreement with Tetra Tech in the amount not -to -exceed $12,816.26 and authorizing the Mayor to execute the Agreement Amendment in conjunction with the Sewer Pump Station Rehabilitation Project. (Funded by Sewer Fund). (Engineering) 10. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with D-Max Engineering, Inc. in the amount of $200,000 in order to continue providing the City and engineering and environmental services and assist implementing National Pollutants Discharge Elimination System (NPDES) permit requirements. (Funding will be through Sewer Service Funds). (Engineering) 11. Resolution of the City Council of the City of National City accepting the work performed by ABC Construction Co., Inc. with the final amount of $1,455.175.06 and authorizing the filing of the Notice of Completion with the County Recorder for the Highland Avenue Resurfacing Project. (Funded through Tax Increment Funds). (Engineering) 12. Resolution of the City Council of the City of National City accepting the work performed by 3-D Enterprises, Inc. with the final amount of $137,679.00 and authorizing the filing of the Notice of Completion with the County Recorder for the National City Parks Rehabilitation Project. (Funded through General Funds). (Engineering) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 6/16/2009 - Page 4 CONSENT CALENDAR (Cont.) 13. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Project Design Consultants in the amount not - to -exceed $600,000 to provide consultant services for the comprehensive update of the General Plan and Land Use Code. (Community Development) 14. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the Sohagi Law Group in the amount not -to - exceed $250,000 to provide legal support services for the comprehensive update of the General Plan and Land Use Code. (City Attorney) 15. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Memorandum of Understanding between the City of San Diego Office of Homeland Security and the City of National City regarding the FY08 Urban Area Security Initiative (UASI) Grant funding. (Fire) 16. 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 $51,000 with Grossman Psychological Associates, APC, to provide pre -placement evaluations, pre -employment exams, an officer assistance program, critical incident debriefing, and fitness for duty evaluations for the Police Department. (Police) 17. Resolution of the City Council of the City of National City approving and adopting the annual Appropriations Limit for Fiscal Year 2009-2010. (Finance) 18. Resolution of the City Council of the City of National City authorizing investment of monies in the Local Agency Investment Fund (LAIF) for Fiscal Year 2009- 2010. (Finance) 19. Resolution of the City Council of the City of National City authorizing the Mayor to execute the Third Amendment to an Agreement for grant funds in the amount of $125,000 from the County of San Diego extending the term of the Agreement to allow for the completion of a soccer project at Kimball Park. (Community Services) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 6/16/2009 - Page 5 CONSENT CALENDAR (Cont.) 20. WARRANT REGISTER #47 Warrant Register #47 for the period of 05/13/09 through 05/19/09 in the amount of $2,174,667.85. (Finance) 21. WARRANT REGISTER #48 Warrant Register #48 for the period of 05/20/09 through 05/26/09 in the amount of $873,374.14. (Finance) PUBLIC HEARINGS 22. Public Hearing to consider a proposed Negative Declaration and previously denied 7-Lot Residential Tentative Subdivision Map, including requests for exceptions for increased density, reduced lot sizes and lot frontage; variance requests to allow 3-story structures for 2-units, 3-foot side yard setbacks for 3- units, and 13.5-foot front yard setbacks for 4-units; and a request to waive the utility undergrounding fronting Prospect Street at 2121 Grove Street. (Applicant: Arnold Schmidt) (Case File No. 2007-59 S, IS, Z) (Planning) 23. Weed Abatement Public Hearing. (Fire) **Companion Item #26** 24. Public Hearing to consider confirming the assessment and ordering the levy for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2009- 2010) (Community Development) **Companion Item #27** 25. Public Hearing of the City Council of the City of National City to consider the annual adjustment to the Transportation Development Impact Fee (TDIF), pursuant to NCMC Section 4.52.100 and consistent with Government Code Section 66017, proposing to increase the TDIF by 2% as required by SANDAG, resulting in the fee adjusting from $2,000 per new residential dwelling unit to $2,040 per unit. (Engineering) **Companion Item #28** CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 6/16/2009 - Page 6 NON CONSENT RESOLUTIONS 26. Resolution of the City Council of the City of National City authorizing the approval of weed abatement Public Hearing findings. (Fire) **Companion Item #23** 27. Resolution of the City Council of the City of National City confirming the assessment and ordering the levy for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal year 2009-2010. (Community Development) **Companion Item #24** 28. Resolution of the City Council of the City of National City amending the previously adopted Transportation Development Impact Fee (TDIF) schedule and annual adjustment to the TDIF, pursuant to NCMC Section 4.52.100 and consistent with Government Code Section 66017, approving an increase in the TDIF by 2% as required by SANDAG, resulting in the fee adjusting from $2,000 per new residential dwelling unit to $2,040 per unit. (Fees deposited into Transportation Impact Fee Fund) (Engineering) **Companion Item #25** 29. Resolution of the City Council of the City of National City approving adoption of a temporary reduction of those fees in the 2008 Fee Schedule which are higher than those corresponding fees contained in the 2005 Fee Schedule, to the fee amounts contained in the 2005 Fee Schedule. (Planning) 30. Resolution of the City Council of the City of National City adopting a budget for 2009-2010 Fiscal Year. (Finance) 31. Resolution of the City Council of the City of National City authorizing the submission of an application to the U.S. Department of Energy for funds totaling $561,700 under the Energy Efficiency and Conservation Block Grant (EECBG) Program. (Community Development/Housing and Grants Division) NEW BUSINESS 32. Report on Housing and Community Development Committee and Advisory and Appeals Board. (City Attorney) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 6/16/2009 - Page 7 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 33. Authorize the reimbursement of Community Development Commission expenditures in the amount of $455,993.90 to the City of National City for the period of 05/13/09 through 05/19/09. (Finance) 34. Authorize the reimbursement of Community Development Commission expenditures in the amount of $38,263.18 to the City of National City for the period of 05/20/09 through 05/26/09. (Finance) 35. Resolution of the Community Development Commission (CDC) of the City of National City authorizing investment of monies in the Local Agency Investment Fund (LAIF) for Fiscal Year 2009-2010. (Finance) 36. Resolution of the Community Development Commission (CDC) of the City of National City adopting the Morgan and Kimball Towers Budgets for Fiscal Year 2009-2010. (Housing and Grants Division) 37. Resolution of the Community Development Commission (CDC) of the City of National City appropriating $92,000.00 from Tax Increment Undesignated Fund Balance to the Highland Avenue Resurfacing Phase II Project. (Funded by Tax Increment Fund) (Engineering) 38. Resolution of the Community Development Commission (CDC) of the City of National City approving an Agreement with Keyser Marston Associates, Inc. to provide as -needed economic consulting services not -to -exceed $75,000 for Fiscal year 2009-2010. (Redevelopment Division) 39. Resolution of the Community Development Commission (CDC) of the City of National City approving an Agreement with RORE, Inc. for as -needed environmental consulting services not -to -exceed $250,000 until June 30, 2011. (Redevelopment Division) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 6/16/2009 - Page 8 CONSENT CALENDAR (Cont.) 40. Resolution of the Community Development Commission (CDC) of the City of National City approving an Agreement with GeoSyntech Consultants, Inc. for as -needed environmental consulting services not -to -exceed $250,000 until June 30, 2011. (Redevelopment Division) 41. Resolution of the Community Development Commission (CDC) of the City of National City approving an Agreement with Ninyo & Moore, Inc. for as -needed environmental consulting service not -to -exceed $250,000 until June 30, 2011. (Redevelopment Division) 42. Resolution of the Community Development Commission (CDC) of the City of National City approving the Second Amendment to the Exclusive Negotiation Agreement (ENA) by and between the Community Development Commission of the City of National City and Marina Gateway Development Company, LLC for two blocks north of Bay Marina Drive owned by the Community Development Commission to extend the First Negotiation Period under the ENA through June 30, 2010. (Redevelopment Division) NON CONSENT RESOLUTION 43. Resolution of the Community Development Commission (CDC) of the City of National City adopting a budget for Fiscal Year 2009-2010. (Finance) NEW BUSINESS 44. Report on real property transaction for Former Days Inn site; 1.07-acre parcel located at 1640 East Plaza Boulevard. (A.P.N. 557-410-200) (City Attorney) STAFF REPORTS MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — July 7, 2009 - 6:00 p.m. — Council Chambers - National City. ITEM #1 6/16/09 CITY OF NATIONAL CITY le0-41M1011:6i1 1 WHEREAS, Roger G. Post has been with the City of National City for over 28 years. During that time, he was appointed Planning Director in 1993 and Director of the Planning and Building Department in 2008; and WHEREAS, Roger completed a Master of Urban Planning Degree from California State Polytechnic University in Pomona in 1978 and is a member of the American Planning Association, the American Institute of Certified Planners, and Urban Land Institute; and WHEREAS, Roger has served twice as Chairman of the Local Chapter of San Diego Planning Director's Association, on various committees with the San Diego Association of Governments (SANDAG) and as the Planning Department's Advisor to the Planning Commission; and WHEREAS, Roger supervised the efforts of several General Plan, Housing Elements, and Land Use Code updates and the preparation of the City's Local Coastal Program and during the development of those City programs and policies, Roger offered great insight, wisdom, and vision; and WHEREAS, Roger supervised the Code Conformance Program, and his knowledge and expertise in urban planning served as a resource to the community and leaders of National City for thirty years; and WHEREAS, Roger has been recognized as a leader by the community of National City and throughout the region of San Diego in the area of urban design and planning; and WHEREAS; Roger has dedicated his public service career to the preservation of the community, ensuring that the Council and the community's ideals and values are reflected in development patterns and urban design within National City, and WHEREAS, over his many years of public service to the community, Roger has successfully involved the community, other city departments, and a broad array of interested service groups, community -based & non-profit organizations, and other government agencies to achieve a comprehensive and cooperative approach to planning principles; and WHEREAS, Roger has consistently demonstrated his superior abilities and skills in working as a member of the City's executive team to accomplish the goals and objectives of the City's policy makers; and WHEREAS, Roger has shown his commitment to land use planning and urban design throughout his tenure evident throughout the community by the positive changes and improvements seen by the residents of National City over the past twenty-eight years; THEREFORE, as Mayor and City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim Tuesday, June 16, 2009 as: ROGER G. POST DAY We call upon all citizens of National City take . • t to recognize Roger Post for his longtime commitment and leadership to the 'ty of Natio Ale d Ron Morrison Mayor Francisco "Frank" rra V Mayor Coeaclh nember CALIFORNIA ITEM #2 6/16/09 lioNAL MEMORANDUM June 3, 2009 TO Chris Zapata, Cit an. _er FROM Stacey Stevens uman Resources Director SUBJECT EMPLOYEE OF THE MON'TH 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 June 2009 is Esther Clemente - Administrative Secretary By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, June 16, 2009 to be recognized for her achievement and service. Attachment cc: Esther Clemente Michael Dalla - City Clerk 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. 12 Street, Suite A, National City, CA 91950-3312 619/336-4300 Fax 619/336-4303 www.nationalcityca.gov i3 City of National City Performance Recognition Award Nomination Form I nominate Esther Clemente, Administrative Secretary / Deputy City Clerk for the Performance Recognition Award for the following reasons: Esther Clemente is the kind of person who gives public employees a good name. Friendly, hardworking, and service oriented Esther gives the best of herself at all times. As the first point -of -contact for many visitors and callers to City Hall, Esther understands and takes that responsibility seriously. She will get up from her desk and greet the 10th person who comes to the counter with the same friendly helpful enthusiasm as she did the first. Esther makes it a point to know and greet by name practically every visitor to the Clerk' office. Esther enjoys working and being busy. She is detail oriented, organized and always working; serves everyone with enthusiasm; goes out of her way to be helpful; has a can -do positive attitude; is a remarkable bundle of positive energy; thrives on new tasks; takes pride in her work and works hard at all times to make the Clerk's office and the City shine. Esther Clemente, a true professional and ambassador for quality public service, is most deserving of recognition as Employee of the Month. Nominated by: Michael Dalla,, City Clerk Signature: d6 Date: - 3-D3 -4- CALIFORNIA ITEM #3 6/16/09 'Nair NATIONAL cI f anv INCORPORATED l MEMORANDUM DATE TO FROM May 27, 2009 Lavonne Watts, Executive Assistant IV (City Manager's Office) Josie Flores -Clark, Confidential Assistant (Mayor/Council Office) Lilia Munoz, HR Technician I SUBJECT : ANNIVERSARY RECOGNITION The following City employee will be completing thirty years of service with the City of National City on June 1, 2009: NAME Adam J. Landa POSITION Assistant Civil Engineer HIRED June 1, 1979 As part of the Employee Recognition Program, the employee wishes to have the opportunity to receive a City Council Recognition at the Council Meeting of Tuesday, June 16, 2009. If this is acceptable, please make the necessary arrangements and send confirmation of the schedule to the employee, department and our office. The recognition letter, gift catalog and anniversary pin will be sent prior to the presentation. Thank you. xc: Adam Landa Maryam Babaki, City Engineer RECOGPRG.DOC-11 Human Resources Department 140 E. 12'" Street, Suite A, National City, CA 91950-3312 619/336-4300 Fax 619/336-4303 www.nationalcityca.gov tp ITEM #4 6/16/09 Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of May 5, 2009. (City Clerk) City of National City, California COUNCIL AGENDA STATEMENT `1 IEETING DATE June 16, 2009 AGENDA ITEM NO. 5 (-ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute Addendum No. 2 to the "As -Needed" Civil Engineering/Traffic Engineering Services Agreement with Harris & Associates in the "not to exceed" amount of $41,985 for preparation of Plans, Specifications and Estimates for the T Avenue Reconstruction Project (funded through Prop A funds and Contract Services funds) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION See attached. Environmental Review X N/A MIS Approval Financial Statement Funds are available in account #s: 307-409-500-598-6035 in the amount of $29,134 (Prop A) and 001-421-000-299-0000 in the amount of $12,851 (Contract Services) Account No. Approved By: Financ Director STAFF RECOMMENDATI Adop e solution = •' / COMMI ION,RECOMMEDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Agreement Addendum (3 originals) A-200 (Rev. 7/03) Explanation The Engineering Department is in need of professional engineering support services for preparation of Plans, Specifications and Estimates for the T Avenue Reconstruction Project. On January 6, 2009 the City Council issued Resolution No. 2009-3 authorizing the Mayor to execute a 1-year contract with Harris & Associates to provide "as -needed" Civil Engineering/Traffic Engineering Services for the City's Capital Improvement Projects for a "not to exceed" amount of $100,000. On April 7, 2009 the City Council issued Resolution 2009-69 authorizing the Mayor to execute Addendum Number One to the Original Agreement with Harris & Associates to provide "as - needed" Civil Engineering/Traffic Engineering Services in the "not to exceed" amount of $39,990 to assist staff in completion of the City's Comprehensive Transportation Plan document. Based upon staffs request, Harris & Associates has provided a proposed scope of work and fee schedule, outlined in Exhibits A and B of Addendum Number Two, to perform the required services. This scope of work is consistent with the requirements of the existing "as -needed" contract. The work will be accomplished through Addendum Number Two to the existing "As -needed" contract. The final scope of work and fee schedule is attached as part of the Addendum that is being presented to the Council for approval. The fee for performing the work per the cost proposal is a "not to exceed" amount of $ 41,985. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE ADDENDUM NO. TWO TO THE AGREEMENT WITH HARRIS & ASSOCIATES IN THE NOT -TO -EXCEED AMOUNT OF $41,985 FOR THE PREPARATION OF PLANS, SPECIFICATIONS, AND ESTIMATES FOR THE "T" AVENUE RECONSTRUCTION PROJECT WHEREAS, on January 6, 2009, the City Council adopted Resolution No 2009-3, approving an agreement with Harris & Associations in the not -to -exceed amount of $100,000 for "as needed" civil engineering/traffic engineering services for capital improvement projects; and WHEREAS, on April 7, 2009, Resolution No. 2009-69 was adopted approving Addendum No. One to the Agreement in the not -to -exceed amount of $39,990 for additional professional engineering support services to assist staff in completing the National City Comprehensive Transportation Plan (the "Plan") documents; and WHEREAS, Addendum No. Two to the Agreement in the not -to -exceed amount of $41,985 provides for the preparation of plans, specifications, and estimates for the "T" Avenue Reconstruction Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute Addendum No. Two to he Agreement with Harris & Associates in the not -to -exceed amount of $41,985 to provide for the preparation of plans, specifications, and estimates for the "T" Avenue Reconstruction Project. Said Addendum No. Two to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of June, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ADDENDUM NUMBER TWO TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND HARRIS & ASSOCIATES This Addendum Number Two to the Agreement for "As -Needed" Civil Engineering/Traffic Engineering Services by and between the City of National City and Harris & Associates is entered into this 16'h day of June, 2009 by and between the City of National City, a municipal corporation (the "CITY"), and Harris & Associates, a Corporation (the "CONSULTANT"). RECITALS A. The CITY and the CONSULTANT entered into an Agreement ("Original Agreement") on January 6, 2009, by Resolution 2009-3, wherein the CONSULTANT agreed to provide "as -needed" Civil Engineering/Traffic Engineering Services for the City's Capital Improvement Projects. B. The Original Agreement provides that the CITY may request Civil Engineering/Traffic Engineering Services from the CONSULTANT for a period of 1 year from the date of execution of the Original Agreement, such that the total cost of all work completed shall not exceed $100,000. C. The CITY executed Addendum Number One to the Original Agreement with the CONSULTANT on April 7, 2009, by Resolution 2009-69, wherein the CONSULTANT agreed to provide "as -needed" Civil Engineering/Traffic Engineering Services in the "not to exceed" amount of $39,990 to assist staff in completion of the City's Comprehensive Transportation Plan document. D. The CITY now requests Civil Engineering/Traffic Engineering Services from the CONSULTANT in the "not to exceed" amount of $41,985 for preparation of Plans, Specifications and Estimates for the T Avenue Reconstruction Project, and the CONSULTANT seeks to perform these services. E. The CITY and CONSULTANT have negotiated and agreed upon the scope of work and compensation associated with these services. AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: I. The parties agree that each and every term and provision of the Original Agreement shall remain in full force and effect. 2. This Addendum specifies work to be performed by the CONSULTANT for the CITY at specified hourly rates, which are detailed in Exhibits "A" and "B", attached hereto and incorporated herein by reference. IN WITNESS WHEREOF, the parties hereto have executed this Addendum on the date and year first above written. CITY OF NATIONAL CITY HARRIS & • S' •: IATES By: By: Ron Morrison Mayor D - : ign Services Manager B APPROVED AS TO FORM: George H. Eiser, III City Attorney rges, P.E. er Saun.ers, P.E. onal Manager — San Diego EXIT I BIT"A" ii Harris & Associates. March 19tr' 2009 Mr. Steve ManganieIlo ('ity of National City, Engineering 1243 National City Boulevard. National City, ('A 9I950 Program ftlanagers Construction Managers Civil t:ngineers Subject: Proposal for Engineering Design Services forT Avenue sidewalk, pavement rehab and overlay in the City of National City. I)ear Steve: The (city of National City is planning to improve and enhance the safety of El Toyan elementary school children and other pedestrians walking to the school and park, filorn adjacent neighboring areas on T Avenue between I .. 4'h Street and I.. 8'h Street. We have visited the project site, discussed the project with City staff, and are familiar with the project's background and City's expectation and goals. I larris has assisted the (city of National City over the past few years with several projects: • City of National City- Several Center City Development Corporation (C(:DC) projects • City of National City- Numerous "Traffic hi ineering projects We are proposing the following sub -consultants as part of the 1 larris team: • Right -of -Way I.ngincering Inc. for surveying. Your project will receive experience, versatility, responsiveness and flexibility. Your assurance of a committed tears conies from dedication to a strong, integrated approach, and you will directly benefit from the personal attention ofthe I larris tears, as well as the depth and experience of the firm. All of the individuals named in the proposal arc ready to commit to begin work upon Notice to Proceed. We are excited about the opportunity to work with the ('ity of National City on this exciting project. Should you have any questions, please feel free to call the at (619) 2 i6-I 778. Sincerely, Harris & Associates i;' // Fliab (iert,es, I'F, Javier Saunders, PI'. Associate/Design Manager Regional Manager l larris & Associates 750 11 Street, Suite 1800, San Diego, CA 92101 619.2.36.1778 Fax 619236.1 179 City of National City Steve Rtanganicllo tvlarch 19, 2009 Page 2 of 7 Project Understanding and Scope of Services Pi -pipet Understanding The City of National City is planning to enhance the safety of pedestrians, specially the school children, by constructing new sidewalk to create a safe pedestrian access from the surrounding areas to the El 'foyan Elementary School. 'fhc improvement generally consists of adding concrete curb and gutter, sidewalk, pedestrian ramps, driveway modifications, and retaining walls (as necessary). There will be some grading and street pavement rehabilitation and possible relocation of utilities (as required). The pedestrian safety conditions are not limited to only curb/gutter and sidewalk improvements, but also upgrades to pedestrian ramps as necessary to meet the standards, and at the same time keep nninimizing the impacts to the existing private improvements (i.c. driveways, trees, landscaping, wall and fences, etc). Other improvements such as relocation of utilities boxes, fences and fire hydrants will be provided as necessary to accommodate the project goal. Existing Condition f Avenue is a local collector street. It lacks adequate sidewalk, including curb and gutter for some sections on both sides of the street to provide for connectivity of sidewalk for the safety of pedestrians in the area. The sidewalk gap exists north of 7'h Street on the cast side of T Avenue for approximately 600 L.F. There is a side slope, driveways, trees, and a utility pole along the missing sidewalk section. 'there is also missing sidewalk, curb and gutter on the northwest side of T Avenue for about 200 feet just south of the E. 4th Street intersection. The existing roadway generally drams resulting in the dirt washing oli the slope and crossing the street spilling gravel and fines. The runoff secins to consistently flow across the street from the east to the west resulting in pavement cracking. The flow ultimately makes its way to an existing inlet on the west side fronting the cross gutter at 7th Street. South view of T-Avenue (Runoff flows across the roadway) North view at same location City of National ('itv Steve Mangaruello Mar ch 19, 2009 Pare. 3 of7 Looking North towardsrl'h St. (Gap in sidewalk West and East side.) South view same location (Possible Retaining Wall) Street sidewalk and earl) and gutter. Lnnits - T Avenue from F. 4" Street to E. 7''' Street: The sidewalk, curb & gutter improvements are required on the northwest side starting at the intersection of E. 4" Street and T Avenue for approximately 200 feet extending south. As well as on the eastside of T Avenue, between 4"' and 7`i' Street for approximately 600 feet where there is a long gap in the existing sidewalk. The proposed curb and gutter improvements will address the existing drainage condition for the flow crossing from the east side to the west and flowing down to the storm drain inlet across 7'1' Street. There is no proposed storm dram improvements included in the scope of this project. The improvements will also include grading, construction of retaining walls and will include new or mcxlific,►tions to the curb rumps per current ADA standards. We have reviewed the APN maps as well as the As-builts of tlrc street improvements and it appears that adequate right of way exists, and no additional right of wav is required. Acquisition of right of way is not part of this proposal Street pavement rehab and overlap. limits - '1. Avenue from E. 4`' Street to E. 8Ih Street: We understand that the intent of the project is to not only provide pedestrian safety but also to identify and provide plans for rehabilitating the roadway pavement as necessary beginning from d°i Street and ending t the intersection of 8t Street for approximately 1:300 feet, with the construction of the curb and gutter and sidewalk. Specifically, the proposed improvements include pavement rehab at the northwest corner of T Avenue and E. Street and some distressed pavement sections along T Avenue between and 7'h Streets. The remaining section from 7th toe Street would be overlaid. SCOPE OF SERVICES Task 1.0 Project Management 1.1 Progress & Review [Meetings We will schedule and attend up to four (11 meetings with City staff, and the public; assist the City in p►epa►ation ofpublic participation plan, attend public work shops; including preparation of the exhibits, to present and discuss our progress submittals and design parameters. We will also provide copies of meeting minutes for the Citv's review within one week alter each meeting. City of National City Steve 1\9anganiello March 19, 2009 Page 4 of 7 1.2 Utility Coordination We \vill mail initial utility notifications to all utility companies that have facilities within the project limit making them aware of the upcoming construction activities and requesting copies of their maps and plans of their existing facilities within the project limits. Copies of progress submittals will he transmitted to all affected utility companies to notify them of the anticipated project construction schedule and request any utility potholingand/or relocations necessary for the construction ofthe proposed improvements. We will maintain a utility log to track to whom and when notifications were sent to, and document the responses received. City staff will be copied on all utility correspondence. The following utility agencies will be contacted: • San Diego (;ask Electric Co. • Pacific Bell • Cox and/or S13C Comunmications • Sweetwater Authority • Sewer National City Engineering Dept. • (throttles, Inc. • Other utility agencies affected by the project Task2.0 Preliminary Investigations 2.1 Topographic Survey Our sub -consultant Right of Way Engineering will perform topographic surveys for the project including the following: Scope of Work: 1. Topography from face of building to face of building in areas requiring sidewalk, approximately 200' on the northwest side of"I' Avenue and 600' on the northeast side. 2. Topography from hack of walk to back of walk for the remainder of Avenue from the centerline intersection m �n of4 street to the centerline intersection of S street. Approximately 1300'. (asks: • Research record maps at the County of San Diego • Establish NAD 83, NGVI) 29 project control, tie in sufficient monuments to orient record boutulary • Station street centerlines at 25' intervals through sidewalk improvement area, and pertirrm cross sections on 25' intervals • Perform topography of streets included in limits listed above to include curbs, gutters, sidewalks, wheel chair ramps, walls, driveways, fences, decorative brick, planters, garage entrances, finish floors, concrete and asphalt. All surface utilities visible to include power poles, sewer manholes (showing rim elevation, invert elevations, pipe sizes and pipe types), storm drains (rim, invert, pipe size and type), existing utility markout, water meters and irrigation control valves ▪ Prepare base mapping at 1" • 20' feet with I ' contours, right of way, and centerline and proporty boundary information • Property owner search, boundary calculations and note reduction • Record Map Reproduction it City of -National City Steve Manganiello March 19, 2009 Page 5ofi 2.2 I3ase Mapping By utilizing the topographic survey obtained in Task 2.0, we will prepare base maps for the proposed improvements. Base maps will he prepared in plan and profile format at a horizontal scale of 1-inch 20'. Base neaps will also include underground utilities. All base snaps will be prepared in AutoCAD. Base maps will include alley center lines, right -of wav, manholes. valves and underground utilities. All base maps will he prepared in AutoCAD. 2.3 Data (;athering and Site Visit l larris staff will gather all available record plan information from the ('.itv pertinent to the design of the project. In addition, eve 1611 also conduct field review fot pavement review and take inventories of site features within the project limits. "Task 3.0 Preliminary Design (50% Submittal) 3.1 Preliminary Improvement Mans Prepare preliminary design plans depicting the proposed improvements. The design will include: • Proposed curb/gutter and sidewalk • Proposed pedestrian ramps and/modification to the existing pedestrian ramps including cross gutters and driveways per current ADA standards. • Identify potential private improvements affected by the proposed safe pedestrian access improvements, including driveways, fences, wall, landscaping, and Ilar(Iscape. • A list of items regniring City feed back, along with Ilarris recommendation. • Roadway Rehabilitation plans • No hydrology or hydraulic studies are included in our scope of work. 3.2 1'reli►ninary Probable Construction Cost Estimate and Specifications Quantities will be determined from the conceptual plaits, and preliminary estimates of probable construction costs for the proposed improvements will be prepared based upon those quantities. Cost estimate will he prepared in spreadsheet format using unit costs from 1 arris' extensive hid tabulation histor`• database, as well as from recent City bid results on similar types ofwork. At the 50% level, the specifications will also be prepared and submitted for review by the City. 4.0 Final Design (90% level) 4-1 Final Improvement Plans Prepare final design for safe pedestrian access based on approved prelinlinai'v design plans. City's 50% comments will be included on the plans. 4.2 Final Specification Specifications will be prepared in the City's format using a digital sample provided by the City. The specifications will be submitted to the City for review, and shall include Citv's comments froth )0% level submittal. 5 City of National City Steve Manganicllo March 19, 2009 Page 6 of 7 4.3 Final Probable Construction C ost Estimate A preliminary piobahlc construction cost estiniate will he prepared from actual quantities shown on the plans and unit costs tiotn recent bids received by the City for similar items of work and Harris extensive hid tabulation history. 5.0 Final Improvements PS&E (I00% level) 5.1 Final Improvement Plans Prepare final plan sheets (ntylars), to include City's 90"r% comments. 5.2 Final Specification Prepare final specifications and c Iiunates to include ('ity's 90% comments. 6.0 Assistance 1)uring Construction 6.1 Assistance During Construction I Iarris will remain available during construction process to assist the City with answering RAI's, attend pre - construction meeting, and help ('ity staff as needed. We will also prepare as -built drawings utilizing redlines provided by the City. The toIlowing Improvement plans arc anticipated: "Title Sheet _ N/A Civil detail Sheets N/A Plan & Profile sheets lour curb/gutter and sidewalk iisrovements 1 20' Pavement Rehab and Overlay I''°=20' Total Estimated Sheets (21'1'Y RES1'ONSIBII.1TIES • Make available and provide all existing data and information relevant to the proposed project. • Provide all pertinent geotechnical information, including proposed pavement structural section. • Prepare all pertinent environmental documents. • It is anticipated that the traffic control will he provided by the contractor. • Construction staking and monument preservation. • Advertising and review of the construction bids and construction contract award. • Management, administration, inspection and materials testing of the construction contract and approval of PS&F.. • Pay all outside agency permit fees, if any. • Provide potholing information if necessary. • Prepare Water Quality Management Plaits (VVQMP), if required. The City would provide As-liuilts of street improvements, parcel maps and assessors parcel maps for the required information. 6 EXHIBIT "B" HARRIS ASSOCIATES City of National City T Avenue Sidewalk City of National City Fee Proposal laskiSiihtmk $200 Barris & Associates $190 Task 1.0 Project Management 1.1 Progress, and Review Meetings 8 8 I 2 lltility Coordination Subtotal hours 8 10 Subtotal ($) $1,600 $1,000 Task 2.0 Preliminary Investigation 2 1 Topographic Survey 2.2 Base Mapping 2 3 Data Gathering and Site Visits 4 Subtotal Ilours • 0 4 Subtotal (S) $0 $760 Task 3.0 Preli ttt ivary Design (SO/ Sut ' tal) 3.1 Preliminary Imp Plans 4 6 10 16 24 $7,520 3 2 Preliminary Specifications & Cost lIstimate 6 12 $2,940 Pl.. SI 5(3 DII SI TH:11 SIII Vey $90 ROW Subtotals $3,120 6 4 10 $2,666 6 .1 10 38 5900 5180 5900 50 55,780 6 $900 4 9,405 5 8 5 16 $600 $1,410 $9,405 $9,765 $1,620 $1,720 31 $13,105 St) SUNOtal 110111S 4 12 22 16 24 78 Subtotal ($) $800 $2.280 $3,300 $1.920 $2,160 S(T $10,460 Task 4.0 Final Design (90% level) 4.1 Final Imp. Plans 4 8 4 2 Final Specifications 2 4 3 Final Construction Cost Estimate 2 4 Subtotal flouts 0 8 20 Subtotal (S) $0 $1,520 $.3,000 10 14 $4,420 $1,580 $1,700 16 14 58 $1,920 $1,260 SO $/,700 'Fask 5.0 Final PS&E (100%) 5.1 Final linp Plans 4 4 6 8 $2,800 5 2 Final Specifications & Estimate 2 4 4 $1 460 . Subtotal limits • - 0 6 8 10 8 32 Subtotal ($) •• $0 $1,140 $1,200 $1,500 $720 $0 $4,260 [_ . . Task 6.0 Assistance During, Construction 6 I Assistzuice During Constriction , .. $680 Subtotal I loui s - O2 0 0 Subtotal ($) SO S.380 $300 2 f ' 3 $0 $0 _4 $680 'total !lours by Clas.sification • - Total ($) by Classification - Percentage of 'Flom Allocated (hy hours) ••• 12 $2,400 5'3'0 42 $7.980 I 7% 51 $0600 $6. I 20 27% 7F5. - /2 241] 16,480 $0,405 [S-11,985 City of National City, California COUNCIL AGENDA STATEMENT "MEETING DATE June 16, 2009 AGENDA ITEM NO. 6 / ITEM TITLE Resolution of the City Council of the City of National City waiving the bid process and authorizing the sole source purchase of three solar -powered radar speed feedback sign trailer units with variable messaging and data collection capabilities from Fortel Traffic, Inc. in the "not to exceed" amount of $35,890 for use by National City Police and Engineering Departments to enhance driver awareness of excessive speeds and encourage drivers to reduce speeds to improve traffic safety (funded through Office of Traffic Safety Grant) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION See attached. Environmental Review X N/A Financial Statement MIS Approval Approved By: Funding is available in Account #314-409-500-598-6574 (OTS Grant) Finance Director Account No. STAFF RECOMMEN ATION A•_•.+ . he resolu OARD/C 0 RECO ON N/A J ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 2. Letter and price quote from Fortel Traffic, Inc. A-200 (Rev. 7103) Explanation In an effort to identify solutions for improving traffic safety Citywide, City Engineering applied for and was awarded a $132,000 State of California Office of Traffic Safety (OTS) Grant for purchase of flashing beacons, trailer -mounted vehicle speed feedback signs and a GIS-based traffic collision records system. On February 19, 2008, the City Council adopted Resolution No. 2008-31 authorizing the City Engineer to submit the grant application. On August 5, 2008 City Council adopted Resolution No. 2008-152 authorizing the City Engineer to execute the Grant Agreement. On September 9, 2008, the OTS officially approved the grant as part of the California Traffic Safety Program and provided authorization for the project. City Engineering is requesting that City Council waive the formal bidding requirements as allowed in Section 12 of Purchasing Ordinance #1480 and in Chapter 2.60.220(B) of the Municipal Code, and award the contract to Fortel Traffic, Inc. for the reasons summarized below and listed in the attached letter from Fortel Traffic, Inc. indicating unique attributes of the product. The total cost of equipment is $35,890 per the attached quote. Engineering Department staff researched competing products online, spoke with competing product manufacturer representatives, participated in product demonstrations, and spoke with other agencies in the region. In short, there are only a handful of companies in the U.S. that provide radar speed feedback signs with variable messaging and data collection capabilities. Competing manufacturers are based "out of state" and have limited capabilities when compared to the Fortel unit. Fortel Traffic, Inc. is based in Southern California and has been providing radar speed sign technologies for over a decade. Fortel Traffic, Inc. is the only radar speed sign manufacturer in the U.S. to incorporate all of the following capabilities into one unit — none of the competing products offer all of the following capabilities in one unit: 1) Upper and Lower LED Display Panels to provide a combination of driver speeds detected by radar or other programmed speeds (i.e. posted speed limit, threshold speeds) with variable messages such as "Your Speed", "Slow Down" and "Speed Limit" to enhance driver awareness of excessive speeds and encourage drivers to reduce speeds. 2) Measurement, statistical analysis and graphical presentation of both a "peak" and "low" speed for each vehicle detected by the radar from the time the vehicle enters the detection zone through the time it passes by the sign. Competing products simply report "one" speed as a vehicle passes by the sign. The Fortel unit's ability to measure both a "peak" and "low" speed is critical in order to track whether a driver decelerates, accelerates or travels at a steady speed through the detection zone. The Fortel unit can measure and report changes in speed and the travel time through the detection zone for individual vehicles. Other examples of data collected and reported include 50`n 85th and 95th percentile speeds, percentage of vehicles exceeding specific speeds (i.e. 25 mph, 35 mph, 45 mph) and percentage of vehicle that slow down through the detection zone. 3) Unparalleled data storage of up to 80 years of traffic data using an SD card which can be inserted into a drop -down box on the assembly for easy access and downloading for statistical analysis and reporting. Most competing products have limited storage capabilities of up to 200,000 samples, for example, which equates to about one to two weeks of data collection before having to download the data to free up storage space for future data collection. The Fortel unit allows for seamless weekly, monthly and yearly reporting due to its extensive data collection capabilities and storage capacity. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS AND AUTHORIZING THE SOLE SOURCE PURCHASE OF THREE SOLAR -POWERED RADAR SPEED FEEDBACK SIGN TRAILER UNITS WITH VARIABLE MESSAGING AND DATA COLLECTION CAPABILITIES FROM FORTEL TRAFFIC, INC., UTILIZING FUNDS FROM A STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT IN THE NOT -TO -EXCEED AMOUNT OF $35,890 WHEREAS, on September 9, 2008, the City of National City was awarded a $132,000 State of California Office of Traffic Safety (OTS) Grant for the purchase of flashing beacons, trailer -mounted vehicle speed feedback signs, and a GIS-based traffic collision database system that would provide electronic transfer of data between the Police and Engineering Departments, improve traffic records management, and allow for enhanced analysis of traffic collision locations, factors, and types to improve safety; and WHEREAS, it is requested that an amount not -to -exceed $35,890 in OTS Grant funds be utilized for the purchase of three solar -powered radar speed feedback sign trailer units with variable messaging and data collection capabilities for use by the Police and Engineering Departments to enhance driver awareness of excessive speeds and encourage drivers to reduce speeds to improve traffic safety; and WHEREAS, it has been determined that Fortel Traffic, Inc., is the only radar speed sign manufacturer in the United States that incorporates the capabilities required by the City; and WHEREAS, pursuant to Section 12.60.220(B) of the National City Municipal Code, the Purchasing Agent may dispense with the requirements of the bidding process when the commodity can be obtained by only one source. Sole source procurements may be used when there is only one source from which a particular commodity is available and there is no adequate substitute. Sole source procurement may also be used when it is clear that competitive bidding will not produce any competitive advantage or would be impractical or not meet an urgent City procurement need. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby waives the bid process, and authorizes a sole source purchase of three solar -powered radar speed feedback sign trailer units with variable messaging and data collection capabilities from Fortel Traffic, Inc., in the amount of $35,890 utilizing funds from the State of California Office of Traffic Safety (OTS) Grant. PASSED and ADOPTED this 16th day of June, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael DaIla, City Clerk George H. Eiser, III, City Attorney Phone:(714) 701-9800 Fax:(714) 693-8627 www.FortelTraffic.com FOR May 28t, 2009 Mr. Stephen Manganiello 1 raftic Engineer Engineering Department 1243 National City Blvd. National (:'itv CA 91950-4301 Ili Steve. 5310 E. Hunter Avenue Anaheim, CA 92807 Contact@FortelTraffic.com i wanted to elaborate somewhat on the main issues %ve discussed on the unique capabilities of the VCalm(!) speed radar sign. The VCalm?) is truly the only sign that offers a complete package. Other manufacturers may promote a similar feature as the VCaln ® but no other manufacturer provides all the capahilities in one unit. It is important to note that the VCalnr"k) is also mounted on a trailer. Programming and data collection are identical for all your traffic calming devices. Specifically, the VCaInu) has a package of capahilities not found in any other speed radar sign. The VCalmmR capahilities include: • Variable Message Upper Display: The Waling relays the driver speed via 16" LED digits on the lower display. A special feature of the VCalm(K) is the ability to display a message on an active LEI) upper display. The majority of the speed radar signs being manufactured today do not offer an LED upper display. Our I.1]) display allows a message to he delivered to the driver. The VCa1m® has the unique ability to display the driver speed at the same time as displaying a message such as "Slow 1)own". Most competitive signs have to alternate the speed with a message as they do not have an active LED upper display. The message in a VCalm:k) is totally controlled by the agency. Common messages include "Your Speed", "Slow Down" and "Speed i.imit". • Critical Instant Messaging: A VCalm k) equipped with a cellular modem can display any 10 character message the agency wishes. This message can instantly he sent to the sign and will continue to display the message until removed. These changes are accomplished from an office computer with an internet connection. • Graphical traffic data display: One of the major capabilities of the VCalm:R is the user friendliness of the traffic data collected by the radar. The pertinent traflic data including 50th, 85th and even 95th percentile speeds is displayed in a series of graphs. The histogram graph created by VSPI.I,l) on line clearly demonstrates how effective the sign is at reducing vehicle speed. Our traffic data analysis takes two key outputs from the radar and graphs them. the V('aln1 R sign is the only speed radar sign to measure and record a vehicle's Peak and Low speed. The ability to demonstrate the Peak and I.ow speed ()fa sample is exclusive to Forte! Traffic. Mr. Stephen Manganiello Page 2 The graph will show the vehicle at its highest speed when entering the detection zone and the slowest speed when leaving the detection zone. Other traffic analysis programs will simply tell you a time stamp speed. "liiis information is of little value unless an entry speed is known. This information can be viewed by anyone in the agency with access to city's log in for VSpeed on Line. The data can also be downloaded to an excel spreadsheet for further analysis by an agency. To date, we have not had an agency tell us of a calculation VSpeed on line did not provide. One important point to remember- is Fortel does not charge a fee or service charge for VSpeed on Line. Continuous traffic data analysis should not have a charge associated with it. • 2 gig data storage: The storage medium on the VCalm40 is an SI) card. This card holds the programming attributes as well as the traffic data information. The 2 gig SI) card can hold roughly 80 years of traffic data. A typical scenario would he leaving the card in the sign for i months and uploading the data to VSpeed on Line for analysis. The SD card is now cleared for additional data collection but the information is stored on the lortel servers. Additional traffic data can he uploaded at anytime and added to the stored data to allow for limitless reporting periods. A report of the sign's effectiveness can cover one or more years for example. Competitive signs have very limited storage capability. Most signs have allowed for 200,000 samples or less. • Drop Down Box_ The data on the SI) card can he retrieved via a modem, WiFi connection to a laptop or simply remove the SI) card from a drop down box. The drop down box holds a controller that allows for the insertion of the SI) card in a remote location instead of residing inside the sign which may be at a height requiring a ladder or bucket truck to access. V('alnrk) is the only sign to offer this versatility. In closing, 1 xvould like to remind you Fortel Traffic is headquartered and manufactures our VCalm(k) sign an hour away from National City in the City of Anaheim. This close proximity to National City will make service calls and training sessions possible at your convenience. Best regards, Todd Todd Johnson Sales Director lortel Traffic, Inc. ('ell (714)-420-9616 Fax (714) 693-8627 tjohnsonrdforteltraff ic.com Forte! Traffic Inc 5310 E Bunter AvenueA-1ah,m. Anahetrn. CA 92807 Phone (714) 701-‘;800 Fax (714)693 FI627 Customer Name National City Engineering Dept. 1243 National City 131vd. Natiional City, CA 91950-4301 Attn: Stephen Manganiello Quote Date FTI Quote # 5/8/2009 4908 Ship To National City Engineering Dept. 1243 National City Blvd. Natiional City, CA 91950-4301 Attn: Stephen Manganiello Terms Rep FOB Contact Phone Fax Freight Net 30 TMJ Destination Stephen Manganie... 619-336-4382 619-336-4397 Prepaid/Incl... Item Description Qty Price Each Total VCALM-VMS-TRL-MT... VCalrn(Ji)VMS SOLAR, 'MAILER 3 11,000.00 33,000.00T Thank you for the R.F.Q. Subtotal s33,ouo.00 Sales Tax (8.75%) S2,887.50 Total S35,887.50 City of National City, California COUNCIL AGENDA STATEMENT ''`'MEETING DATE June 16, 2009 AGENDA ITEM NO. 7 ITEM TITLE Resolution of the City of National City Council approving Amendment No. 1 to the agreement with Kleinfelder West, Inc in the amount not -to -exceed $ 6,500 and authorizing the Mayor to execute the amendment to provide materials testing services in conjunction with the Bay Marina Drive Widening. Funds are available in the Tax Increment Fund. PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583 EXPLANATION On January 17, 2009, the City entered into an agreement with Kleinfelder West, Inc in the amount not -to - exceed $29,000 for materials testing in conjunction with the Bay Marina Drive Widening Project. The Bay Marina Drive Project was accelerated to meet the City's obligations to the private developer in the area. This required additional testing of materials and the increase in the cost. With approval of this amendment the total authorized work will be $35,500. Environmental Review X N/A MIS Approval( Financial Statement Approved By: Finance Director Funds are available in expenditure account 511-409-500-598-3842 (Bay Marina Drive Widening) Account No 511-409-500-598-3842 STAFF RECOMME :!' TION Ad •- /A ' D / C • ' ' I S ON" RECOM NDA t e Resol N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Amendment (2 original copies) A-200 (Rev. 7/03) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. ONE TO AGREEMENT WITH KLEINFELDER WEST, INC., IN THE NOT -TO -EXCEED AMOUNT OF $6,500 TO PROVIDE MATERIALS TESTING SERVICES FOR THE BAY MARINA BAY DRIVE WIDENING PROJECT WHEREAS, on February 17, 2009, the City adopted Resolution 2009-26, entering into an agreement with Kleinfelder West, Inc., for Construction Material Testing Services for the Bay Marina Drive Widening Project in the not -to -exceed amount of $29,000; and WHEREAS, the Bay Marina Drive Project was accelerated to meet the City's obligations to the private developer in the area, which required additional testing of materials, and an increase in the cost for approximately $6,500, bringing the total cost of the Agreement to $35,500. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Amendment to Agreement with Kleinfelder West, Inc., for Construction Material Testing Services for the Bay Marina Drive Widening Project in the not -to -exceed amount of $6,500. Said Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of June, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney KLEINFELDER Bright People. Right Solutions. June 1, 2009 Project No. 102259 Ms. Barbara Tipton City of National City 1243 National City Boulevard National City, California 91950 Subject: Change Order No. 1 Project: National City Bay Marina Drive National City, California Specification No. 08-13 Dear Ms. Tipton: Due to additional requested services not included in our original scope, we are requesting this Change Order No. 1. The requested additional services are primarily associated with overtime, additional laboratory testing of lithocrete, and the conformance testing of the miscellaneous base material produced by Whillock Construction from demolition material. INSPECTION SERVICES Based on information provided to us, we budgeted time as shown in our estimated budget prepared February 2nd 2009 for each aspect of our scope of work. The original estimated budget is shown as "Authorized Budget" in the chart below. We have been requested to provide the number of hours and the quantity of tests shown under the "Worked to Date" column. The difference between the estimated budget and "worked to date" is shown and the cost difference has been calculated. Worked to .. Date Authorized Budget Difference Total (dollars) Compaction Testing Overtime (Hours) 21 0 21 $ 2,992.50 Base Conformance Testing 14 0 14 $ 2,579.00 Lithocrete Compression Testing 24 8 16 $ 422.40 Asphalt Testing 19 6 13 $ 2,640.00 _ TOTAL: $ 8,633.90 102259/SD19C078 Copyright 2009 Kleinfelder 5015 Shoreham Place, San Diego, CA 92122 p 1858.320.2000 f I 858.320 2001 Page 1 of 2 June 1, 2009 As shown above the difference in testing and the estimated testing to complete the project would result in a change order of $8,633.90. However because time was not used for other budgeted tasks we are requesting a change order of $6,500.00. Current Authorized Budget. $ 29,000.00 Requested Change Order No. 1: $ 6,500.00 New Requested Authorization. $ 35,500.00 CLOSING Kleinfelder appreciates the opportunity to work with you on this project. If you have questions or need additional information, please contact our office. Sincerely, KLEINFELDER WEST, INC. David W. Timms, PE Ronald C. Thomson Construction Engineer Operations Manager DWT:RCT:rp If you are in agreement with this change order request, please sign below and return this change order request to us. Acknowledged by: Date: 1022591SDI9C078 Page 2 of 2 June 1, 2009 Copyright 2009 Kleinfelder KLEINFELDER 5015 Shoreham Place, San Diego, CA 92122 p I 858.320 2000 f 1858.320.2001 .11100, AMENDMENT NUMBER ONE TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KLEINFELDER WEST, INC. This Amendment to Agreement is entered into this 16th day of June, 2009, by and between the City of National City, a municipal corporation ("CITY"), and Kleinfelder West, Inc. (the "CONSULTANT"). RECITALS A. The CITY and the CONSULTANT entered into an agreement on February 17, 2009 ("the Agreement"), wherein the CONSULTANT agreed to provide material testing services for the Bay Marina Drive Widening Project for a not -to -exceed amount of $29,000. B. The parties desire to amend the Agreement to expand the Scope of Services to provide additional testing services. NOW, THEREFORE, the parties hereto agree that the Agreement entered into onl6th day of February 2009, shall be amended by expanding the Scope of Services in the not -to - exceed amount of $6,500, as set forth in the attached Exhibit "A". The parties further agree that with the foregoing exception, each and every term and r..., provision of the Agreement dated February 17,2009, 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 APPROVED AS TO FORM: George H. Eiser, III City Attorney KLEINFELDER WEST, INC. (Corporation — signatures of two corporate officers required) By: (Name) (Print) (Title) By: (Name) (Print) (Title) City of National City, California COUNCIL AGENDA STATEMENT *o..tdEETING DATE June 16, 2009 AGENDA ITEM NO. 8 ITEM TITLE Resolution of the City of National City Council accepting approved funding from California Integrated Waste Management Board (CIWMB) with Grant RAC13-7-3 (Rubberized Asphalt Concrete ) in the amount of $250,000 in conjunctionju`xptiwith the FY 08-09 Street Resurfacing Project PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583 EXPLANATION On May 1, 2007, by Council Resolution No. 2007-85, a grant application to the California Integrated Waste Management Board (CIWMB) was approved and the City Engineer was authorized to sign the grant agreement. On June 25, 2008 CIWMB approved funding for the grant in the amount of $250,000. The purpose of this resolution is to accept the grant funding from California Integrated Waste Management Board (CIWMB) to resurface various streets in the FY 08-09 Street Resurfacing Project and establish the appropriation account. } Environmental Review X N/A MIS Approval Financial Statement Approved By: Finan e Director Revenue will be deposited to account number 296-21510-3463 and appr ations will be established in account number 296-409-510-598-6035 (street resurfacing). Account No. STAFF RECOMMEND) TION Ad esoluti = OA D / CO MISS N RECOMMENDATION N/A I ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Grant funding approval letter A-200 (Rev. 7/03) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING APPROVED FUNDING FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD (CIWMB) IN THE AMOUNT OF $250,000 FROM THE TARGETED RUBBERIZED ASPHALT CONCRETE (RAC) INCENTIVE GRANT PROGRAM TO BE UTILIZED FOR THE RESURFACING OF VARIOUS STREET WITHIN THE CITY AS PART OF THE FISCAL YEAR 2008-2009 STREET RESURFACING PROJECT, AND ESTABLISHING AN APPROPRIATION ACCOUNT FOR SAID FUNDS WHEREAS, Public Resources Code Section 42800, et seq. established the Waste Tire Program for the State of California, and assigns responsibility for its implementation to the California Integrated Waste Management Board ("CIWMB"); and WHEREAS, CIWMB is authorized to award grants under the Waste Tire Program as identified in its Five -Year Plan for the Waste Tire Recycling Management Program; and WHEREAS, on May 1, 2007, the City Council approved the submittal of an application to the CIWMB for any or all available CIWMB tire -related grants for a period of five (5) years; and WHEREAS, on June 18, 2008, the CIWMB approved funding of a grant to the City of National City in the amount of $250,000; and WHEREAS, the City must accept the grant funding from CIWMB in order to establish the appropriation account for the grant funds, which will be used for the resurfacing of various streets as part of the Fiscal Year 2008-2009 Street Resurfacing Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the grant funding from the California Integrated Waste Management Board in the amount of $250,000 from the Targeted Rubberized Asphalt Concrete (RAC) Incentive Grant Program to, which are to be used for the resurfacing of various streets within the city as part of the fiscal year 2008/2009 Street Resurfacing Project.. BE IT FURTHER RESOLVED that the City Council authorizes the establishment of an appropriations account for said grant funds. PASSED and ADOPTED this 16th day of June, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney ::rct ,titer `,e Ili,'1! !I, MAI ;U Riu) BROWN CHAIR M F.owN(,N.IW'MR.(::\ (:UV (916114160')1 R'isrfiv (liEsinu) ( I II Sii,r,O(m(JD+'hltt ('A.(,VA' (0161t.11(Al t9 R(isALri N4ta.t R!11.:11 (n,(-IV('MR.( A ( V(,v ((r 16) 34 16Ol 6 Cnil(YI. I'FAU!: ( A( r(w(• IWsut.(:A.c(ry (9I6)3416010 (;,\ I(Y Br: I i rt: i N (.11 r I RtiI N(:,( I\r!,tn.c,,.(:()1; (9161 34 I.60 Y, Name )qfrevto CALIFORNIA INTEGRATII) WASTE MANAGEMENT BOAIZI) I(`011"'.11:iI itiS' t;\\1k !<t,i •,tlit`F.M\'1``(s14• 1't) \ June 25. 2008 Alberto Griego Associate Civil Engineer City of National City 121.; National City Blvd National City, CA 91950 SUBJECT: Rubberized Asphalt Concrete Use (:rant Program (:rant Agreement Package, FY 2007/08 ' RA('13-07-3 tt .� Congratulations! At its June 18, 2008 Board meeting, the California Integrated Waste Management Board (CIWMB) approved funding for your grant in the amount of $?50.000. The following documents are enclosed in your (;rant Agreement package: (;rant Agreement (('1WMB 110) Exhibit A Terms and Conditions Exhibit 13 Procedures and Requirements Exhibit (' - Signagc •i•+:: -,t )fa '.{:411' Please review the (;rant Agreement and Exhibits and complete the grantee portion of the (!rant Agreement (CiWM13 110). 'lire (;rant Agreement must be signed by the "authorized signatory" identified in your resolution. if the "authorized signatory' authorizes a designee, please provide a letter naming the desii'nee(s). Please retain Exhibits A, 13, and C for your records and return only the Grant Agreement (('1 WM13 1 10) to: fi>rnia Integrated Waste Management 13oard Sl3 369 Rubberized Asphalt Concrete 1/se Grant Program Attention: Grant Administration Unit, 9`' Floor 1001 1 Street, P.O. Box 4025 Sacramento, ('A 95812-1025 The (;rant Agreement must be signed and returned to the Cl WM11 within 90 days from the date of this letter. If the Grant Agreement is not returned within 90 days, the grant may not he funded. Once the Grant Agreement is fully executed, the C1WMI3 will return a copy of the Grant Agreement to you. 1f you have any questions regarding the Gran( Agreement package, please contact me at (916) 3,1 I-6.136 or yrocharu;ciwnib.ca.goy. We look (onward to your participation in this grant program. Sincerely, i . - V ictoria Rocha (;rant Manager Enclosures Flt(('(:!i! r,.(!: f IRI! FAN R City of National City AGENDA STATEMENT National City, California " 1IAEETING DATE June 16, 2009 AGENDA ITEM NO. 9 ITEM TITLE Resolution of the City Council of National City approving an amendment to the agreement with Tetra Tech in the amount not -to -exceed $12,816.26 and authorizing the Mayor to execute the agreement amendment in conjunction with the Sewer Pump Station Rehabilitation Project. (Funded by Sewer Fund) PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583 EXPLANATION See attached explanation Environmental Review X N/A MIS Approval Financial Statement Funds are available in account 125-409-500-598-2014 (., 1)END STAFF RECO ON Adopt the Resolut BOARD / CO S O 'RECOMMENDA N/A Approved By: Finan Director Account No. 125-409-500-598-2014 ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Amendment EXPLANATION: On April 5, 2005, the City Council adopted Resolution No. 2005-64 to enter into an Agreement with Tetra Tech, Inc. to provide as -needed consulting services for City of National City Capital Improvement Projects. On June 19, 2007, the City Council adopted Resolution No 2007-130 authorizing a supplemental agreement with Tetra Tech, Inc., to provide inspection services for the National City Pump Station Rehabilitation Project in the not -to -exceed amount of $41,230. The vendor (Tetra Tech) notified the City that there was an outstanding invoice. After researching the account balance and project expenditures, it was confirmed that there is an unpaid invoice in the amount of $12,816.26. This change is due to a staff change while the project was active. An amendment to the as -needed agreement will provide a means to pay the vendor. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO AGREEMENT WITH TETRA TECH, INC., IN THE NOT -TO -EXCEED AMOUNT OF $12,816.26 FOR THE SEWER PUMP STATION REHABILITATION PROJECT WHEREAS, on April 5, 2005, the City adopted Resolution 2005-64, entering into an agreement with Tetra Tech, Inc., for as -needed consulting services for National City Capital Improvement Projects; and WHEREAS, on June 19, 2007, Resolution 2007-130 was adopted authorizing a supplemental agreement with Tetra Tech, Inc., for inspection services for the National City Sewer Pump Station Rehabilitation Project in the not -to -exceed amount of $41,230; and WHEREAS, an Amendment to Agreement is necessary to process an outstanding invoice in the amount of $12,816.26 for changes to the scope of work by City staff during the Sewer Pump Station Rehabilitation Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Amendment to Agreement with Tetra Tech, Inc., for inspection services for the National City Sewer Pump Station Rehabilitation Project in the not -to -exceed amount of $12,816.26. Said Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of June, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney TETRA TECH, INC. June 3. 2009 Mr. Din 1)aneshfar, P.E. Engineering Department City of National ('ity 1243 National ('ity Boulevard National ('ity. (.'A 91950 REFERENCE: PROPOSAL FOR A1n I'rloN:u. INsl'F:cTtoN ANI) ENGINE!. RING REvIENw SERVICES FOR THE PUMP S't'A1'ION REIINMI.ITATION PROJEC'►, SPEC. No. 04-08 Dear Mr. Daneshfar: Tetra Tech, Inc. is pleased to submit our proposal to provide additional inspection and engineering review services for the National ('ity Pump Station Rehabilitation Project. Tetra Tech's experience in a variety of pump station design and inspection services. as well as previous projects with the City makes us well qualified for this assignment. Mr. 13rad Nguyen will continue serve as Project Manager. I -le is a Registered Civil Engineer, and will he responsible for managing the inspection, and reviewing RFI's, Submittals and provide design change assistance. Assisting on review of electrical submittals will be Mr. Joel Nash, a registered electrical engineer. As Construction Inspector, we currently have Mr. John Quenqa. F1e will continue to be responsible in performing the inspection services. FETE: BUDGET Es'I'INIATE The original budget was exhausted on November 21, 2007. The construction contract deadline is January 29, 2008. We provided inspection up to December 4, 2007. The fee for providing those additional days of inspection is $12,816.26. We are excited at the prospect of continuing these services to the ('ity of National ('ity and look forward to working with you to complete this most important project. Please contact me at (858) 673- 5505 if you have any questions_ Sincerely, Brad Nguyen. .Project Manager M ANtarkoingAProper.al>\\VTRSA2007\U}SIVPropt.Ir[ I2 dix' �.r AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TETRA TECH, INC. This Amendment to Agreement is made and entered into this 16th day of June, 2009 by and between the CITY OF NATIONAL CITY ("CITY") and Tetra Tech, Inc., (Consultant) WHEREAS, the CITY has entered into an agreement (The "Agreement") with Tetra Tech, Inc. on April 5, 2005 by Resolution 2005-64 to provide inspection services; and WHEREAS, the CITY desires to amend the Agreement to provide additional hours for inspection; and WHEREAS, the CONSULTANT agrees provide additional inspections. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE TO INCREASE THE AGREEMENT BY $12,816.26 TO PROVIDE INSPECTION SERVICES as shown in proposal (Exhibit A). With the foregoing exception, each and every provision of the AGREEMENT entered into on APRIL 5, 2005 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on this 16TH day of June, 2009. CITY OF NATIONAL CITY TETRA TECH, I C. (Corporation - signatu of two corporate officers) By: By. Ron Morrison, Mayor B APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT '''"MEETING DATE June 16, 2009 AGENDA ITEM NO. 10 (ITEM TITLE Resolution authorizing the Mayor to execute an agreement with D-Max Engineering Inc., in the amount of $200,000 in order to continue providing the City with engineering and environmental services and assist implementing National Pollutants Discharge Elimination System (NPDES) Permit requirements (Funding will be through Sewer Service Funds) PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583 EXPLANATION See attached explanation. I } Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director This agreement is for contract cost with a "Not to Exceed" amount of $200,000. Funds are available in Account 125-406-029-299. , () . t I Account No. STAFF RECOMMEND ION • .opt the _-solutio 7, B •` • R • / COM ISS OI�},/RECOMM DATION N /A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Agreement sc A-200 (Rev. 7/03) Explanation: Based upon requirements of the adopted National Pollutants Discharge Elimination System (NPDES) permit No. CAS0108758, Order No. R9-2007-0001, and the City's Jurisdictional Urban Runoff Management Program (JURMP), the City is committed continually to implement its efforts in various aspects of this program and maintain its compliance with the permit requirements. The program consists of the implementation of the Municipal, Industrial, Commercial, Residential, Land Use Planning for New Development/Redevelopment, Construction, Illicit Connection/Illegal Discharge, Education, Public Participation, and Program Assessment components as outlined in the City's JURMP. On September 18, 2007, by the City Council Resolution No. 2007-220, a contract agreement was executed between the City and D-Max Engineering to continue assisting the City in implementation of the annual NPDES program (06-07). D- Max Engineering has been providing quality services and implementing the City's NPDES program on schedule in a professional manner. This firm is familiar with the City's current NPDES program, storm drain system, and the State Permit requirements. Staff is recommending D-Max Engineering to continue providing the as -needed services for this year's NPDES program (07-08). The proposed scope of work is consistent with the requirements of the NPDES permit and commitments made by the City in its JURMP. The contract before Council for approval is for the general environmental and engineering services for this program, and includes the following tasks: 1) Coordinate the program. 2) Revise Documents for New Permit Requirements. 3) Continue Data Management and GIS. 4) Assist the City to Comply with its Inspections Program. 5) Assist the City to Implement Standard Urban Storm -water Mitigation Plan (SUSMP). 6) Implement Dry Weather Analytical Monitoring and Field Screening and Follow up Investigations. 7) Prepare JURMP Annual Report/Develop Assessment of Program Effectiveness. 8) Assist the City in Implementing its Watershed Urban Runoff Management Program (WURMP). 9) Assist the City in Performing its Training and Education Programs. 10) Provide other related Storm Water Quality Services. D-Max Engineering has proposed a plan, outlined in Exhibit "A", to implement this year's program. The work can be accomplished through a new contract agreement (attached). The final scope of work is attached to the agreement that is being presented to the Council for approval. The fee for performing the work is a "Not to Exceed" amount of $200,000. The funds are allocated through Sewer Service Funds. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH D-MAX ENGINEERING, INC., IN THE NOT -TO -EXCEED AMOUNT OF $200,000 IN ORDER TO CONTINUE PROVIDING THE CITY WITH ENGINEERING AND ENVIRONMENTAL SERVICES, AND ASSIST IMPLEMENTING NATIONAL POLLUTANTS DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT REQUIREMENTS WHEREAS, the City desires to employ a contractor to continue providing the City with engineering and environmental services, and to assist implementing National Pollutant Discharge Elimination System ("NPDES") permit requirements; and WHEREAS, the City has determined that D-Max Engineering, Inc. is a professional engineering and environmental consulting firm, and is qualified by experience and ability to perform the services desired by the City, and D-Max Engineering, Inc. is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute an agreement with D-Max Engineering, Inc. in the amount of $200,000 in order to continue providing the City with engineering and environmental services, and assist implementing National Pollutants Discharge Elimination System Permit requirements. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of June, 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 D-MAX ENGINEERING, INC. THIS AGREEMENT is entered into this 16"' day of June, 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and D-MAX ENGINEERING, INC., a water and environmental science consulting firm (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide Storm Water Consulting support. WHEREAS, the CITY has determined that the CONSULTANT is a consultant in water and environmental sciences and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings cited in Exhibit "A_" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change In services, not to exceed a factor of 10% from the base amount. 3 PROJECT COORDINATION AND SUPERVISION. Barbara A Tipton hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Arasalan Dadkhah 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 amount of $200,000.00, the schedule given in Exhibit "A" without prior written authorization from the City Engineer. 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. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A", which is June 30, 2010 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. 1 he CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSUL_TANT's written work product for the CI TY's purposes, and the CONSUL LAN T expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 Gay s St.indard AgreeSTxtnt June 2008 revisuxr Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the SUBCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC_ The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTTANT 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 3 (u y's Standdrd Agreement - .June 2008 revision 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 be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTAN f 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 CONSUL.! AN F 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. 4 City's Standard Agreeinent - ,;tine 1008 revision 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, Toss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ❑ A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H Any aggregate insurance limits must apply solely to this Agreement. 5 City's Standard Agreement June 2008 revision Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual arnount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY 6 City's Standard Aq c nknt - June 2008 reveuon C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY To CONSULTANT Maryam Babaki, P.E., City Engineer 1243 National City Blvd National City, CA 91950-4301 Phone: 619-336-4380 Fax 619-336-4397 Arsalan Dadkhah, Ph.D., P.E. 7200 Trade Street, Suite 119 San Diego, CA 92121 Phone: 858-586-6600 Fax 858-586-6644 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. 7 (:iry3 Standard Agreement - June 2008 revision 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 corning before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ri If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. f1 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative 8 C,ty S Standatd Ayieemant - June 2006 feVISIOn of any party hereto shall be of any effect unless it is in writing and executed by the party to be hound thereby. J. Successors and Assigns [his Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY D-MAX ENGINEERING, INC. (Corporation signatures of two corporate, officers) (1'arinersh,p one signature) (Sole proprietorship one :;rgnatere) By: By Ron Morrison, Mayor (Name) grsa/ ij_..12Iidi 4//Pc ri/ellOecrela-r (print) ) / APPROVED AS F() FORM. George H. Eiser, III City Attorney (title) By: (Name) (Pilot) ( rifle 9 1)-MAx Engineering, Inc. Consultants in Water & Environmental Sciences May 28, 2009 To Whom It May Concern = _ ▪ --- ▪ --- a - s - v 4INIMEW-- �Ell AIL Please be advised that I serve as the President and the Secretary of D-MAx Engineering, Inc., a California corporation. I am legally authorized to sign documents on behalf of the company as the President and the Secretary. Sincerely, D-MAx Engineering, Inc. rsalan Dadkhah, Ph.D., P.E. President iD 7220 Trade Street a Suite 119 ■ San 1)ie2o, CA 92121 ■ (8581 586-6600 ■ Fax (8581 SR(, -read D-MAx Engineering, Inc. Consultants in water & environmental sciences May 4, 2009 Project No. 200927W Mr. Din Daneshfar City of National City Engineering Department 1243 National City Boulevard National City, CA 91950 —ONIONNIbi - -- UNNINISAIIMI — --r MI AMU — tilt w v •••••••• VISA Re: Proposal for Implementation of the NPDES Program, Fiscal Year 09-10 City of National City, California Dear Mr. Daneshfar: D-MAx Engineering, Inc. (D MAx) is pleased to submit this proposal to assist the City of National City in the implementation of the Federal National Pollutant Discharge Elimination System (NPDES) Program during the 2009-2010 reporting period. This work will be conducted in accordance with the NPDES requirements, the State of California General Industrial and Construction permits, and the San Diego Regional Water Quality Control Board (RWQCB) issued Municipal NPDES Permit, Order No. R9-2007-0001. Our scope of services, estimated costs, and project schedule are attached to this proposal. We look forward to working with you on this project. Please give me a call at (858) 586- 6600 ext. 22 if you have any questions or would like to further discuss this proposal. Sincerely, D-MAX Engineering, Inc. Arsalan Dadkhah, Ph.D., P.E. Project Manager/Principal 7200 Trade Street • Suite 119 • San Diego, ('A 92121 ■ (858) 586-6600 • Fax (858) 586-6644 r v 1- A. i1 w_ — v111.11 INE --a - MOVWr• Aims EXHIBIT A SCOPE OF SERVICES D-MAx will provide storm water services to assist the City of National City in complying with the National Pollutant Discharge Elimination System (NPDES) permits and enhance the water quality of runoff generated within the City. The following is a list of tasks anticipated to be necessary during the fiscal year. However, there may be unanticipated tasks that are necessary to complete but are not addressed herein. The tasks will be conducted in an order of priority as set by the City. Project Coordination. Provide all project coordination necessary to perform the work for the City's NPDES program implementation. Project coordination will include monthly project status meetings with the City of National City and other related agencies for the duration of this contract. Also included in the program coordination are • Management of the program kick-off meeting and all necessary meetings with other concerned and involved agencies and community groups. • Management of all project -related meetings, including agenda and meeting minute preparation and distributions. • Assisting the City with coordination and correspondence with the RWQCB regarding National City's storm water program. Data Management and GIS. To facilitate annual reporting and to manage various JURMP programs on a day-to-day basis, data must be tracked and stored in a reliable, easy -to -use manner. This includes data from the City's construction, industrial, commercial, development, and municipal programs. D-MAx has created four separate Microsoft Access databases for the City: one each for construction inspections, industrial/commercial inspections, standard urban storm water mitigation plan (SUSMP) post -construction best management practice (BMP) tracking and inspections, and a variety of municipal activities. D-MAx will also assist the City in designing solutions for relating the data from various databases, including the use of geographic information systems (GIS). Additional tracking capabilities for the City's education program may be added as well, and a database to record and manage information from the City's water quality monitoring programs may be developed. D-MAx will regularly provide the City with copies of the databases it maintains. In addition to database management, D-MAx will also assist the City in analyzing business license listings to determine JURMP prioritizations for new industrial and commercial businesses in the City. Those businesses will then be flagged for inspection in accordance with the procedure listed in the JURMP. We wilt further assist the City in designing and implementing revised procedures for prioritizing facilities in the City, in accordance with new Municipal Permit guidelines for facility prioritization. 1 - - - -ems - 1 ••IBM MN WMWMNW t•�f--av WADI l AL Assist in Compliance Inspection Program. We will assist the City's compliance inspection team with the following services: • Conducting construction field inspections • Conducting industrial and commercial field inspections • Conducting SUSMP post -construction BMP inspections • Conducting municipal facilities and activities inspections • Conducting follow-up, complaint, or other special inspections • Data entry into databases for these inspections SUSMP Implementation and Document Preparation. We will continue to assist the City with implementation of the Standard Urban Storm Water Mitigation Plan (SUSMP) program as follows. This task also includes assisting the City in implementing tasks related to the new Hydromodification Management Plan (HMP) that is currently under review by the RWQCB. Note that review of SUSMP and Storm Water Pollution Prevention Plan (SWPPP) documents are included under a different contract. • Assist with required revisions to the City's SUSMP Ordinance and related ordinances in accordance with the new Model SUSMP and the HMP • Assist in complying with requirements of the SUSMP • Conduct coordination meetings with various City departments and assist in refinement of the SUSMP process • Review erosion and sediment control plans • Assist in selecting and implementing BMPs • Conduct educational presentations as required in the City's JURMP and Section D.5.b.(b) of the new Municipal Permit • Prepare SUSMPs and construction storm water pollution prevention plans (SWPPP) for City Capital Improvement Projects Dry Weather Field Screening and Analytical Monitoring. This task will include conducting one round of field screening in accordance with the requirements of the RWOCB Municipal Permit. The objective of this program is to detect and eliminate illicit connections and illegal discharges (IC/IDs) in order to minimize the negative impacts of human activities on receiving water bodies. The City of National City has identified 15 primary monitoring stations where data will be collected during the dry weather analytical and field screening monitoring program. This task will include the following: Visual Observations: Visual observations include looking for evidence of dry weather flows such as staining, corrosion, sediment, surrounding vegetation, algae, mosquito larvae, insects, and animals in the vicinity of the outfall. . Field Analysis: At each site the flow and its temperature will be measured, and a sample will be taken for field analyses of the following parameters: • Specific conductance • Temperature 2 w� M a -tea a INNIMONN a --- a /11Ell Av r� — tsA& • Turbidity • pH • Reactive Phosphorus • Nitrate Nitrogen • Ammonia Nitrogen • Surfactants (MBAS) Analytical Monitoring: Water samples from 25 percent of the sites where ponded or flowing water is observed, will be collected and submitted to a California Department of Health Services certified laboratory for analysis of the following constituents: • Total hardness • Oil and grease • Diazinon and Chlorpyrifos • Cadmium (Dissolved) • Copper (Dissolved) • Lead (Dissolved) • Zinc (Dissolved) • Enterococcus bacteria • Total Coliform bacteria • Fecal Coliform bacteria Trash Monitoring: The new Municipal Permit requires that the City implement a trash monitoring program during dry weather monitoring. The Copermittee Dry Weather Monitoring Sub-Workgroup developed a trash assessment form and procedures for trash monitoring. We will complete a trash assessment form at each routine site visit. Preparation of a Summary Report: At the conclusion of the field screening program, a report will be prepared to summarize the observations and the results of the study, including trash monitoring. The report will include our interpretation of the field data and test results as to the possible presence of IC/IDs. Reporting also includes preparing a spreadsheet of the collected data in the regionally standardized format and submitting it to the County of San Diego. Follow -Up Investigations. During the dry weather field screening program if field investigations do not reveal a specific source of contamination, or if the results of the laboratory analysis indicate presence of pollutants in excess of action levels, further investigation will be conducted which may include the following steps: • Tracing flows or discharges upstream • Conducting field screening sampling • Contacting dischargers • Sampling for laboratory analysis • Documenting source investigations w- S -- - - — INVWr *v 4111Nolo•db At the conclusion of the follow-up investigations, a summary report will be prepared summarizing the findings, conclusions and recommendations. Per new Municipal Permit requirements, all laboratory analytical exceedances will be followed up within two business days of receiving the results from the lab. This is a more aggressive timeframe than previously required. Also, upstream investigations for bacteria will utilize Colilert and Enterolert methods for bacterial analyses. These newer methods are more accurate than the methods used in the past. MS4 Monitoring and Special Studies. The new Municipal Permit requires that the City conduct MS4 monitoring and source identification monitoring programs. The MS4 monitoring will be conducted concurrently with the dry weather monitoring program and will include additional laboratory analytical work. Additional monitoring studies may also be necessary for source investigation purposes. In some portions of the City exceedances have been noted for several consecutive years in the dry weather monitoring program, and it may be necessary to perform additional monitoring beyond the typical dry weather follow-up investigations to evaluate the effectiveness of measures taken to address the sources of the exceedances. The new Municipal Permit also includes stricter requirements for effectiveness assessment, including outcome levels 4, 5, and 6 (load reduction, change in quality of discharge, and change in receiving water quality). Additional monitoring may be required to evaluate the effectiveness of City activities in accordance with these requirements. JURMP Annual Report. As a requirement of the Municipal Permit, the City must produce an annual report to the RWQCB detailing the activities that have been conducted during the previous reporting period to reduce pollutants in urban runoff. The JURMP Annual Report serves to document the activities that the City has conducted during the past reporting period of July 1, 2008 through June 30, 2009. Report preparation includes the following: Coordinate Information Transfer with City personnel Contacting several City departments to acquire information on the program implementation and special activities carried out through the year. We will have initial meetings with responsible personnel at each department to prepare a plan for receiving information regarding the implementation of the City's JURMP. We will stay in contact with the City's departments thereafter. Pertinent information will be acquired under this task to be used in the report. Review and Respond to RWQCB Comments The RWQCB made some comments on the City's 2007-2008 JURMP Annual Report and the March 2008 JURMP update that must be addressed in the 2008-2009 JURMP Annual Report. We will prepare a response to those comments and include it as an attachment to the JURMP Annual Report. Prepare Annual JURMP Report This task includes the preparation of the Annual JURMP Report in accordance with Section I of the Municipal Permit. A draft report will be prepared and submitted to the City for comments, atter which a final report will be prepared. Two hard copies and four electronic copies of the final report will be prepared and delivered to the City. The following sections will be included in the report: w� s -- la MEN - tiIMNINIM WI OM r• - MS iN I A v -4111111=0"db41111116t1A o Executive Summary: will include summary of overall changes in requirements and lists of key achievements for the various elements of the City's program. o Introduction: will include a summary of the City's storm water program, the relevant regulatory requirements, and a summary list of key achievements. o Development Planning: will include descriptions of the City's efforts to require BMP implementation for new development and redevelopment projects, including the City's Standard Urban Storm Water Mitigation Plan (SUSMP); treatment control BMP inventory update; treatment control BMP inspections; and treatment control BMP operation and maintenance verifications. o Construction: will include a description of the City's new BMP requirements and inventory management and inspection efforts, including enforcement. o Municipal: will include descriptions of the City's updated programs for activities such as street sweeping, municipal separate storm sewer system (MS4) maintenance, and fertilizer management. A description of the City's inspections of municipal facilities and activities, including any relevant enforcement action, will also be included. Industrial/Commercial: will include a description of the City's new BMP requirements and inventory management and inspection efforts, including enforcement. It will also include a discussion of the City's efforts with respect to mobile businesses. o Residential: will include a description of the City's education and enforcement efforts, including complaint investigations, related to residential areas. o Illicit Discharge Detection and Elimination (IDDE): will include descriptions of complaint receipt and responses, mechanisms to prevent and respond to sanitary sewer spills, Dry Weather Monitoring Program results, responses to recommendations generated based on the previous year's Dry Weather Monitoring Program, and a summary of the illicit connections and illegal discharges detected in the City and how they were resolved. o Education: will include descriptions of various educational efforts by the City. The new Municipal Permit emphasizes presenting educational efforts categorized by type of target audience. o Public Participation: will include a description of the City's efforts to involve the public in the development and implementation of its storm water program. o Fiscal Analysis: will include a summary of the funding sources for the City's storm water program and budget line items. This section should have the same format as the fiscal analysis sections in previous annual reports. o Effectiveness Assessment: will include analyses of the effectiveness of the City's storm water program. The matrix presented in the City's 2007-2008 JURMP Annual Report will be used as a guideline for this section, and graphs of Dry Weather Monitoring Program data similar to what has been presented in previous annual reports will also be prepared. o Special Investigations: will include a summary of any additional progress on the dean community program and any other relevant special studies completed during 2008-2009. o Conclusions: will include a brief conclusions section similar to what has been presented in previous annual reports. w- — M IIIIIN IMMIR E --- ■■ Iw_in Av Wal Training and Education. D-MAx will conduct educational workshops and/or prepare education materials at the City's request to target audiences identified in the JURMP document. An educational calendar has been prepared in each of the last several years, and another calendar incorporating artwork from school children in the City, similar to the one prepared for 2009, is planned for 2010. Educational content for other programs may cover a variety of topics related to storm water quality and watershed concepts listed in the JURMP and be tailored to each specific audience. Suggested workshops and target audiences include the topics listed below: Planning and Engineering Departments The goal of this workshop will be to inform the Planning and Engineering Departments of general concepts fisted in the JURMP and to address new Permit requirements relevant to each department. The Permit requires changes in land -use planning and engineering aspects of new development and redevelopment projects within the City, including the implementation of the City's SUSMP. Among the new requirements is the implementation of Low Impact Development (LID) measures for all development projects. Public Works Staff The workshop will be targeted towards public works employees and will focus mainly on the practical aspects of BMP implementation. It will also address changes in public works operations required by the Municipal Permit, such as effects on channel maintenance and storm drain cleanout frequency. In the event that the City's NPDES Storm Water Compliance Inspector conducts this training, D-MAx will not provide a training session for this audience. Construction Inspectors The educational workshop for construction inspectors will include general concepts listed in the JURMP and additionally cover such topics as BMP implementation and maintenance, good housekeeping measures, site inspections and inspection frequency. School Students We will assist the City in providing training workshops for school students. The topics for these workshops include the source of pollutants, the impact of pollutants on the receiving water bodies and BMPs to prevent the pollutions. Workshops At the request of the City, we will provide targeted educational workshops for various industry or stakeholder groups. D-MAx has recently conducted workshops for industrial businesses, automotive businesses, the development and construction industry, and City residents. Educational Materials We will assist the City in developing educational materials such as pamphlets, calendars, articles for newsletter or websites, or fact sheets. These materials may to be targeted at the development comrnunity, City residents, industrial and commercial businesses, City staff, or other audiences. The new Municipal Permit requires additional education related to watershed concepts and watershed pollutants of concern. 6 / 7 w� J -- - r• JINNI I r• As v d1M!'SA Watershed Urban Runoff Management Program. The City of National City is located within the San Diego Bay Watershed. The Municipal Permit requires each Copermittee to collaborate with other Copermittees within its watershed to identify and mitigate the highest priority water quality issues/pollutants in the watershed. D-MAx will coordinate with the watershed Coperrnittees on behalf of the City of National City and fulfill the group requirements per the City instructions. In each of the last three years, we have assisted the City by helping write the San Diego Bay WURMP Annual Reports, and the City has been listed as among the primary authors of those annual reports. The City is also required to implement activities that measurably change knowledge, awareness, or behavior or target audiences and activities that result in significant pollutant load reductions or source abatement each year. We will assist the City with implementing these activities to meet WURMP requirements. Representing the City in Various Meetings. D-MAx will represent the City of National City in various meetings including those with other Copermittees, the Regional Board, and/or Regional Workgroups. The City has taken on the responsibility of serving as the secretary for the Municipal Workgroup, and we will assist the City in fulfilling that responsibility. Other Storm Water Services. It has been our experience with other local municipalities and with the City of National City that storm water related situations arise from time to time that require immediate or expert action. For example, additional services related to the Paleta Creek/79' Street Channel TMDL, which is currently under development, may be required. The process of obtaining permits to allow the City to resume channel maintenance activities was initiated in 2008-2009, but we anticipate that some work to finalize the process will also be necessary in 2009-2010. That process is anticipated to involve coordinating with the RWQCB, the Army Corps of Engineers, and the California Department of Fish and Game. D-MAx will be pleased to provide any other as -needed, on -call services to the City of National City that have not been identified above. l EXHIBIT B COST SUMMARY & FEE SCHEDULE We propose to complete the aforementioned services on a time and materials basis (not to exceed $200,000 total) in accordance with the attached schedule of fees. Our estimated costs are listed below. Rate Principal Project Asst Proj Staff Word Calculated Rounded Engineer Scientist Scientist Scientist Drafter Processor Clerk ODC* I Total Total $140 $110 $95 $85 $65 $55 550 Task Description Project Coordination 40 40 20 $400 ' $12.300 $12,300 Data Management and GIS 12 60 60 20 45 $18.155 $18150 Assist in Compliance Inspection Program 8 16 40 206 18 $1,800 $26,980 $27,000 SUSMP Implementation and Document Preparation 40 50 40 $100 $15,000 $15,000 Dry Weather Analytical Monitoring and Field Screening 12 16 104 4 8 $3,000 $15,980 $16,000 Follow-up Investigations 8 8 76 4 4 $3,000 : $11.940 $11,950 MS4 Monitoring and Special Studies 12 10 60 2 2 $1,500 $9.620 $9,600 JURMP Annual Report 20 50 120 Training and Education Watershed Urban Runoff Management Program 16 70 54 30 Representing the City in Various Meetings 30 50 16 $800 Other Storm Water Services 12 12 27 72 8 $200 30 40 40 60 20 12 20 $200 ; $23.110 $23,100 $5.000 ! $23,500 $23,500 12 $800 $19,080 $19,100 $12,020 $12.325 $12,000 $12,300 Total 250 422 437 618 10 129 0 S16,800 ; $200,010 $200,000 'ODC for Dry Weather Monitoring includes :aboratory anaytical costs. and ODC for Training and Education includes outside printing of materials (e.g.. calendars;. EXHIBIT B COST SUMMARY & FEE SCHEDULE S(. IU DOLE OF FENS ,lanuary 1, 2009 This Schedule of Fees will Iw adjusted periodically. The new fee schedule will apply to all existing and new work. LABOR Classification hourly Rate Clerk* Word Processor* Drafter* Technician* Senior Technician* Staff Scientist/Engineer Assistant Project Scientist/Engineer Project Scientist/Engineer Senior Scientist/Engineer Principal Scientist/Engineer $ 50 55 65 65 75 85 95 I10 120 140 * Overtime (in excess of 8 hours per day) and weekend hours will he charged at 1.5 times the above rates for non-exempt personnel. Field and hourly services will be charged portal to portal from our office, with a two- hour minimum. Appearance as expert witnesses at court trials, mediation, arbitration hearings and depositions will be charged at $200/hour. Time spent preparing for such appearances will he charged at the above standard hourly rates. OTHER CHARGES Subcontracted services, such as sub consultants, outside testing, drilling, and surveyors, will he charged at cost plus 15%v. Other project -specific costs, such as rentals, expendable or special supplies, special project insurance, permits and licenses, shipping, subsistence, tolls and parking, outside copying/printing, etc., will he charged at cost plus 15%. Mileage will be charged at a rate of $0.63 per mile. Client will he responsible for any applicable taxes in addition to the fees due for Services. 070 EXHIBIT C PROJECT SCHEDULE I Tasks Project Coordination JULY AUG SEP i OCT NOV ! DEC JAN i FEB MAR APR MAY JUN 2009 2009 j 2009 I 2009 2009 2009 2010 2010 2010 2010 2010 2010 Data Management Assist in Compliance Inspection Program Dry Weather • Analytical Monitoring and Field Screening Follow -Up Investigations MS4 Monitoring and Special Studies JURMP Annual Report Training and Education Watershed Urban Runoff Management Program Representing the City in Various Meetings 1 Other Storm Water i Services City of National City, California COUNCIL AGENDA STATEMENT `MEETING DATE June 16, 2009 AGENDA ITEM NO. 11 ITEM TITLE A Resolution of the City Council of the City of National City accepting the work performed by ABC Construction Co., Inc. with the final amount of $1,455,175.06 and authorizing the filing of the Notice of Completion with the County Recorder for the Highland Avenue Resurfacing Project. (Funded through Tax Increment Funds) PREPARED BY Kenneth Fernandez EXPLANATION Please see attached page with explanation. DEPARTMENT Engineering EXT. 4388 Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director The total construction cost of the project is $1,455,175.06. The original contracted bid amount is $1,669,702.72 per Resolution 2008-153 through TIF Account No. 511-409-500-598-6157. Account No STAFF RECOMMENDATION Ado. t- - esolution. • • RI / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Contract Final Balance 3. Notice of Completion A-200 (Rev. 7/03) SPEC 08-08 '`.cXPLANATION On August 5, 2008, per Resolution No. 2008-153, the City Council awarded a contract to ABC Construction Company, Inc., in the amount of $1,669,702.72 for the construction of the Highland Avenue Resurfacing Project, Specification No. 08-08. During the course of construction, field conditions were discovered. They were corrected with the following twelve change orders: 1) Remove and replace 18' trunk, 2) Delete ARAM, 3) Replace signal boxes, 4) Install truncated domes at pedestrian ramp locations, 5) Increase working days (No Cost), 6) Expedite work schedule, 7) Install flashers, 8) Increase concrete strength to 4000 psi and add additional concrete, 9) Remove and replace concrete Driveways. 10) Install gravity walls, 11) Install metal pipe rail over gravity retaining wall at 19`h & Highland, and 12) Grind and pave in front of two pedestrian ramps and traffic signal pulibox at 18th & Highland. On June 10, 2009, a final inspection was completed and final paperwork documentation was submitted to the City for review. The work was found to be in accordance with the approved plans and specifications. Therefore, Engineering Staff recommends the acceptance of the work and the filing of a notice of completion for the Highland Avenue Resurfacing Project, Spec. No. 08-08. -he construction bid price of $1,669,702.72 was reduced to $1,455,175.06 plus approximately $250,000.00 for contingencies and approximately $80,300 for construction management, materials testing, inspection, and surveying. The project is under the budgeted amount of $2,000,000. In summary, the purpose of this resolution is to approve the final amount of the project, accept the work performed, and authorize the filing of a Notice of Completion. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FINAL BALANCE CHANGE ORDER WITH ABC CONSTRUCTION, INC. IN THE AMOUNT OF $1,455,175.06, WHICH IS $214,527.66 UNDER BUDGET; ACCEPTING THE WORK; AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION WITH THE COUNTY RECORDER FOR THE NATIONAL CITY HIGHLAND AVENUE RESURFACING PROJECT WHEREAS, the contract for the Highland Avenue Resurfacing Project was awarded to ABC Construction, Inc. on August 5, 2008, by the adoption of Resolution No. 2008- 153, in the amount of $1,669,702.72; and WHEREAS, on June 10, 2009, a final inspection was completed, and final paperwork documentation was submitted to the City for review. The work was found to be in accordance with the approved plans and specifications, and was accomplished for $1,455,175.06, which is $214,527.66 under budget; and WHEREAS, a change order is required to finalize the contract quantities and construction completion time, and to address the adjusted work for acceptance of the project completion. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City hereby authorizes the Mayor to execute the Contract Final Balance Change Order from to ABC Construction, Inc., in the amount of $1,455,175.06 for the Highland Avenue Resurfacing Project. BE IT FURTHER 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 ABC Construction, Inc. for the Highland Avenue Resurfacing Project, has been completed, the City Council of National City hereby accepts said work, authorizes the filing of a Notice of Completion, and orders that payment for said work be made in accordance with said contract, and the Contract Final Balance Changer Order described above. PASSED and ADOPTED this 16th day of June, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney FINAL CONTRACT BALANCE CIIANGE ORDER DATE: June 16. 2009 PROJECT: Ilighland Avenue Resurfacing Project Specification No. 08-08 (Phase 3) TO: ABC Construction Company, Inc" Kenneth Czubernat_ President 3120 National Avenue San Diego. CA 92113 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTEI: I XTENTION OF WORK DAYS: TOTAL CONTRACT TIME: DESCRIP"LION OF CIIANGE: S1,669,702.72 August 29, 2008 November 12, 2008 40 working days 10 working days 50 working days This change order is written to balance and finalize the amounts for said project" r Original Contract Adjusted Contract (No Adiustnents made after CCO (412) No. Item Unit Bid Qtv Unit Price Amount Qtti I Unit Price Amount 1 Mobilization LS 1 $50,000.00 550,000.00 1 1 55 S50,000 $35,000 $50,000 00 $54,250 00 2 Traffic Control 1,S 1 $35,000.00 $35 000.00 3 Cold Milling SF 11.3.10'1 $0.18 S20.358.72 142,974 SO 18 S25,135.32 4 Asphalt Rubber and Aggregate Metubrane SY 54:091 $7 00 $313,637.00 0 5 / 00 $0.00 5 Asphalt Rubber llot Mix Gap Graded TON 5 7.40 $125 00 $717..50000 4 '31 30 $125 0(1 $528912.50 6 Remove and Replace 2" Asphalt Depth and Replace with PG 64-10 TON 3,290 $175 00 $ 25,750 00 2 063.04 S175 00 S361.012 00 7 Crack Filling LS 1 $1 1,900 00 S11,900 00 1 .1871 1 144 51 1 90000 S11,900.00 8 Remove and Replace Sidewalk G-7 SF 1.,17 1,307 475 $7.75 S31 00 510,129 25 S14"725 00 Si 75 S31 00 $37,150 25 $35,464 00 9 Remove and Replace Curb and Gutter G-2 Modified 10 Remove and Replace Cross Gutter Ci-12 SF 632 $18.50 SI1.692.00 1.651 $18 50 S49.043 50 11 Remove and Replace Pedestrian Ramps with new ped ranlpsg-28 with truncated domes G-30 EA 60 $l 930.00 $115,800.00 '1 S1,93000 ! 5137.03000 Page 1 FINAL CONTRACT BALANCE CHANGE ORllER 12 Adjust Sewer Manhole to Grade per SDRSD S-2 EA -'6 $492.00 $12.79' 00 2, $192 00 $12,300.00 13 Adjust Survey Motminent to grade per SDRSD M-10 EA 16 $275.00 $4 400.00 1 2 $2'75 00 S 3, ;00. 00 14 Adjustment of global crossing manholes (Fiber Optics) EA EA ' $550 00 $3.850 00 6 114 $550 00 $250 00 $24 648.75 $ 3,300 00 $28,500 00 $26,278 75 1 S 16 Replace Traffic I .00ps per Current Plan 114 $ 250 00 S28.500 00 I Restriping of street including thermoplastic street markings. curb markings. and street traffic markers IS 1 $24.648. a S24.648.75 1 066 17 Signs (4 of National City 6' x6' ) EA 4 $555.00 $2.?20.00 .1 $555 00 $7,200 00 18 Signs (12 ofCIWM1.3 18"x24") EA 12 $150.00 $1,800.00 12 $150.00 $1,800.00 (.'ontract Total $I,669,702.72 51,368,816.32 CO1 CO2 R&R 18' Trunk Delete ARAM (Sec Line Item LS - - - - - - 1 1 $24,969.50 $0.00 $24,969.50 $0.00 LS CO? Replace signal boxes LS - - - 1 $705.76 $705.76 CO4 CO5 Truncated Domes LS - - - - - - 1 $1.909.00 $0.00 $1,909.00 Increase working days (No Cost) L.S 1 $0.00 CO6 Expedite Work Schedule I,S LS - - - - - - 1 1 $24,850 $24.850 CO7 Flashers T $14,935.05 ; $14,935.05 CO8 4000 psi Concrete Add LS - - - 1 $4,427.17 $4,427.17 ('O9 (010 Concrete Driveways Gravity Walls L.S - - - - 1 1 $4,543.82 $4,543.82 LS - $4.137.42 $4,137.42 coil Metal pipe rail over gravity retaining wall @I9t & Highland LS - - - 1 $2,865.80 $2,865.80 C012 Grinding and paving in front of 2 Ped Ramps and traffic signal pulibox (it) 18e' & Ili,liland LS - - - 1 $3.015.22 $3,015.22 CharsEe Order Total S86, 355.74 Grand Total ...- $1,669,702.72 S1,455,175.06 Page 2 FINAL CONTRACT BALANCE CHANGE ORDER DISCUSSION: Added line items: No additional line items have been added after Constnuction Change Order Number Twelve with exception of ADDING $1,630.00 of work per hump sun line item { 16: "Restriping of street including thermoplastic street markings. Curb markings. and street traffic markers" This adjusts said line item amount from $24.618.75 to $26 278.75. CONTRACT ADJUSTMENT: As a result of this change order, the contract price is adjusted as follows: I. As per Construction Change Order Nunbers One through Twelve, the final contract price to date is adjusted to S1,455,175.06. 2. As a result of the satisfactory completion of said project, a retention and final balance of $81,734.48 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. ABC C onstnuction Company, Inc. 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. Page 3 FINAL CONTRACT BALANCE CHANGE ORDER RECOMMEN ID FOR APPROVAL BY: de Associates Manager (Consultant) Kenneth Fernandez CIVIL ENGINEERING .FECHNICIAN NATIONAL CITY PROJECT COORDINATOR REVIEWED BY: --/o --c9 DATE 06 Al DATE Lf 6A./e )in Daneshfar, P.E. DATE PRINCIPAL CIVIL ENGINEER Maryam Babaki, P.E. DATE CITY ENGINEER ACCEPTED BY: - ° ABC Co structio wally. Inc. DATE CONTRACTOR APPROVED BY: Ron Morrison MAYOR DATE City of National City Resolution Number: Page 4 RFCOIZI)IN( KL(UI•S I El) Rl NHf K KI.('(rRUI-1) N.1.A11. T( N,\.\1I (111 111 N.\IIONAI (I 1 Y \I>I)KI NS I' 1 t :N \ I lute Al r'I i l 1101:t I YARD I N V1ItNAI (l11 ( \ lerRn NOTICE OF COMPLETION LETION C:11 IFORNI:A ( IVtt. COI)I: SHCI ION 3093 NOTICE IS I IFRERY GIVEN of the completion on June 16, 2009. of the flisghland Avenue Resurfacing Project_Spec►ftcat►on No.08-08 \1 ork of unpnr\einem or portion of \tort: of unpro\ement under construction or alteration on the premises located alonv I Ii eland A\elute National City (_':1 91950 — street artrtre„ (rt\ State lip Code The undersigned owns the following interest or estate in said property:. NIA 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 .A13(' (construction Company_ Inc. Name of Orieinal Contractor The following work and material were supplied: Laborer Groups, Bob ('at,: (rucks. Temporary Pumps, Cement Masons: (.)perators, Pavinh I.cL►ipment. Traffic ('ontrol_I Equipment, Sweeper, Loaders, asphalt. concrete. etc. General .statement of kind of labor. service, equipment or materials the names and addresses oleo -owners arc: N./!\ Joint tenants. tenants in common. or other owners J)ated: . 2009: 51goauue of OV, ncr (. rl ul'National City. I2-13 National ('its 1(Iv(1 . National Cit. Cl 91951) 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 otperjury that the forgoing is true and correct. Executed on . 2009. at . California. Signature: RON MORRISON. MAYOR City of National City, California COUNCIL AGENDA STATEMENT 4'''"'NIEETING DATE June 16, 2009 AGENDA ITEM NO. 12 ITEM TITLE A Resolution of the City Council of the City of National City accepting the work performed by 3-D Enterprises, Inc. with the final amount of $137,679.00 and authorizing the filing of the Notice of Completion with the County Recorder for the National City Parks Rehabilitation Project. (Funded through General Funds) PREPARED BY Kenneth Fernandez EXPLANATION Please see attached page with explanation. DEPARTMENT Engineering EXT. 4388 Environmental Review X N/A MIS Approval Financial Statement Approved By: Financ Director The total construction cost of the project is $137,679.00. The original contracted bid amount is $223,268.00 per Resolution 2008- 213 using General Funds Account No. 001-409-500-598-4127. Account No STAFF RECOMMENDATION Adopt the Resolutio ( Orr' BOARD / COMMISSI • RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Contract Final Balance 3. Notice of Completion A-200 (Rev. 7/03) SPEC 07-06-C qi.,..cXPLANATION On October 7, 2008, per Resolution No. 2008-213, the City Council awarded a contract to 3-D Enterprises, Inc., in the amount of $223,268.00 for the repair and improvement of multiple buildings and structures such as restrooms, snack bars, score shacks, and ADA improvements throughout Kimball Park, El Toyon Park, and Las Palmas Park for the National City City Parks Rehabilitation Project (Phase 3) Specification No. 07-06-C. During the course of construction, field conditions were discovered. They were addressed with the following ten change orders: 1) Asphalt patch and remove ramp at Las Palmas, 2) Provide 4 footings at gate posts at Kimball, 3) Remove and reinstall irrigation manifold at Las Palmas, 4) Replace fence to corner of library at Kimball, 5) Credit for bid items #15 & #18 for work not performed, 6) Cover score shack opening at Las Palmas, 7) Install new fencing per plans at Kimball, 8) Install additional new fencing at Kimball, 9) Install wood privacy partition in women's center restroom at Kimball, 10) Install wood privacy partitions in men's and women's restroom at El Toyon. On February 25, 2009, a final inspection was completed and final paperwork documentation was submitted to the City for review. The work was found to be in accordance with the approved plans and specifications. Therefore, Engineering Staff recommends the acceptance of the work and the filing of a notice of completion for the National City City Parks st..„Rehabilitation Project (Phase 3) Specification No. 07-06-C. The construction bid price of $223,268.00 was reduced to $137,679.00 plus approximately $45,000 for contingencies, approximately $22,500 for construction management services, and approximately $22,500 for materials testing, inspection, and/or surveying. The project is under the budgeted amount of $314,000. In summary, the purpose of this resolution is to approve the final amount of the project, accept the work performed, and authorize the filing of a Notice of Completion. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FINAL BALANCE CHANGE ORDER WITH 3-D ENTERPRISES, INC. IN THE AMOUNT OF $137,679, WHICH IS $85,589 UNDER BUDGET; ACCEPTING THE WORK; AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION WITH THE COUNTY RECORDER FOR THE NATIONAL CITY PARKS REHABILITATION PROJECT WHEREAS, the contract for the National City Parks Rehabilitation Project was awarded to 3-D Enterprises, Inc. on October 7, 2008, by the adoption of Resolution No. 2008- 213; and WHEREAS, a change order is required to finalize the contract quantities and construction completion time, and to address the adjusted work for acceptance of the project completion. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City hereby authorizes the Mayor to execute the Contract Final Balance Change Order from to 3-D Enterprises, Inc., in the amount of $137,679, which is $85,589 under budget, for the National City Resurfacing Project. BE IT FURTHER 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 3-D Enterprises, Inc. for the National City Parks Rehabilitation Project, has been completed, the City Council of National City hereby accepts said work, authorizes the filing of a Notice of Completion, and orders that payment for said work be made in accordance with said contract, and the Contract Final Balance Changer Order described above. PASSED and ADOPTED this 16th day of June, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney FINAL CONTRACT BALANCE CIIANGE ORDER DATE: June 16, 2009 PROJECT: National City Parks Rehabilitation Project Specification No. 07-06-C (Phase 3) TO: 3-D Enterprises, Inc. Shawn Elihu, President 2180 Garnet Avenue, #2C San Diego, CA 92109 ORIGINAI. CONTRACT AMOUNT: START IDA'ITE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EX'I'F,NTION O1' WORK DAYS: TOTAL CONTRACT TIME: DESCRIPTION OF CHANGE: S223,268.00 October 27, 2008 February 25, 2009 80 working days 0 working days 80 working days This change order is written to balance and finalize the amounts for said project. _ No. Original Contract Adjusted Contract (No Adjustments made after CCO V10)_ Item Unit Bid Qty Unit Price Amount Qty Unit Price Amount 1 Mobilization LS 1 $300.00 $300.00 1 $300.00 $300.00 El Toyon Park 2 Remove Concrete Walk SF 4900 $2.50 $12,250.00 0 $2.50 _ 3 Subgrade Preparation SF 800 $I.00 $800.00 0 $1.00 _ 4 4" PCC Sidewalk SF 4900 $7.00 $34,300.00 0 $7.00 _ East Res/room - 5 Remove CMU Wall LS 1 $1,500.00 $1,500.00 1 $1,500.00 $1,500.00 6 Paint Interior Walls SF 1350 $2.00 $2,700.00 1350 $2.00 $2,700.00 7 Sand Blast Concrete Floor I,S 1 $1,500.00 $1,500.00 0 $1,500.00 - East Restroom Trellis 8 Paint Interior Walls LS 1 $1,200.00 $1,200.00 1 $1,200.00 $1,200.00 i'est Room 9 Sand Blast Concrete Floor I,S I $1,200.00 $1,200.00 0 $1,200.00 - 10 Paint interior Walls SF 865 $2.00 $1,730.00 865 $2.00 $1,730.00 Score Shack 03 I I Paint Interior Walls SF 965 $2.00 $1,930.00 965 $2.00 $1,930.00 Score Shack 04 2 faint Interior Walls SF 795 $2.00 $1,590.00 795 $2.00 $1,590.00 Dougouts Page 1 FINAL CONTRACT BALANCE CHANGE ORDER 13 _-- Paint Interior Walls _ �SI. 910 $2.00 $1,820.00 910 $2.00 51 .820.00 J Electrical Box 1 S1,200.00 14 Paint Interior Walls 1.S 1 $1,200.00 $1,200.00 $1,200.00 .Score Boarc! 15 Paint Interior Walls I,S 1 $1,500.00 $1,500.00 1 0 $1,500.00 $1,500.00 16 17 - 18 Remove & Replace Chain Link SF 275 S16.00 $4,400.00 $16.00 _ $15,470.00 l SUB TOTAL $65,520.00 Kimball Park Remove Accessible Ramp LS $1,500.00 $1,500.00 1 $1,500.00 $1.500.00 Remove Replace Chain Fence LF 110 $10.00 $1,100.00 1 10 $10.00 $1,100.00 19 Remove Concrete 'Valk SF 325 $3.00 $975.00 325 $3.00 $975.00 20 Parking Lot Stripping - LS 1 $1,000.00 $1,000.00 1 $1,000.00 $1,000.00 21 Wrought Iron Gate/Fences SF 140 $30.00 $4,200.00 140 $30.00 $4,200.00 22 23 Paint Trellis l.S 1 $2,000.00 $2,000.00 1 $2,000.00 $2,000.00 6X Wood Framing LF 12 $60.00 $720.00 12 $6(1.00 $720.00 West Room 24 Paint Interior Walls SF 1415 $2.00 $2,830.00 14 I 5 S2.00 $2,830.00 Electrical Room 1 25 4 Ply Built-up Membrane Roofing SQ 1 $1,000.00 $1,000.00 $1,000.00 $1,000.00 26 Paint Interior Walls SF 810 $2.00 $1,620.00 810 $2.00 $1,620000 Center Restroorn 27 Remove CMU Wall LS 1 $1,500.00 $1,500.00 1 $1,500.00 $1,500.00 28 Paint Interior Walls SF 1350 $2.00 $2,700.00 1350 S2.00 $2,700.00 29 Sand Blast Concrete Floor LS 1 $1,200.00 $1,200.00 0 $1,200.00 __, 30 31 - - - Score Shack 41 Remove & Replace Tile Roofing SF 100 S30.00 $3,000.00 10(1 $30.00 S3,000.00 Score Shuck ti 2 100 .. -- Remove & Replace Tile Roofing SF 100 $30.00 $3,000.00 $30.00 $3,000.00 SUB TOTAL $28,345.00 $27,145.00 Las Palmas Park $1,400.00 32 33 34 35 Remove AC Paving SF 700 $2.00 $1,400.00 700 $2.00 Remove Concrete Work SF 200 $3.00 $600.00 200 $3.00 $600.00 Subgrade Preparation SF 80 $1.00 $800.00 800 $1.00 $800.00 4" PCC Sidewalk SF 739 2 I 6 $7.00 $5,173.00 739 $7.00 $5,173.00 36 Handicap Ramps l.S $2,000.00 $4.000.00 2 $2,000.00 $4,000.00 37 Parking Lot Stripping 1,S $1,000.00 $1,000.00 1 $1,000.00 $1,000.00 38 39 Strip Footing (15"x36") CY SF $400.00 $2,400.00 6 $400.00 $2,400.00 Decorative Site/Retaining Walls 181 $40.00 $7,240.00 181 $40.00 $7,240.00 Score Shack #5 40 Remove Second Floor LS 1 $3,000.00 $3,000.00 1 $3,000.00 $3,000.00 Page 2 FINAL CONTRACT BALANCE CHANGE ORDER -1 I 42 43 Roof Sheating (3/4") SF 160 $10.00 ' $1,600.00 . S900.00 $590.00 160 $10.00 $1,600.00 $900 00- 2 x 6 ,u. 16 ' o.c. (Roof Framing) LF 180 59 $5.00 $10.00 180 $5.00 2 x 8 (a) Fascia I.F 59 $10.00 $590.00 44 2 x 6 (d Sill LF 59 $10.00 $590.00 59 I $10.00 $590.00 45 46 47Remove 48 I.1-1 I Siding I,S I S2,000.00 $2,000.00 S2,000.00 $2,000.00 $t.000.00 .1 Ply Built-up Membrane . Roofing Score Shuck i16 SQ 1 $1.000.00 St.000.00 I $1,000.00 1 140 - Second Floor I.S 1 $3,000.00 $3,000.00 $3,000.00 $3,000.00 Roof Sheating (3/4") SF 140 $10.00 $1,400.00 $10.00 $1,400.00 49 1 _ 2 x 6 l'a, 16" o.c. (Roof Framing) LF 168 $5.00 $840.00 168 $5.00 $840.00 50 2 x 8 (i) Fascia IT 52 $10.00 $520.00 52 $10.00 $520.00 J 1 51 2 x 6 @) Sill LF 52 $10.00 $520.00 57 $10.00 $520.00 52 II-11 Siding LS 1 $1,500.00 $1,500.00 1 1 - $1,500.00 $I,500.00 53 4 Ply Built-up Membrane Rooting SQ I $1,000.00 $1,000.00 $1,000.00 $1,000.00 Ectst Restroo n - 54 Paint Interior Walls SF 1 530 $2.00 $3,060.00 1530 $2.00 $3,060.00 West Restroom -,5 rise Paint Interior Walls SF 1 100 $2.00 _ $2,200.00 1 100 $2.00 $2,200.00 Snuck Bar 56 Remove Shade Structure LS 1 $1,500.00 $I,500.00 I $1,500.00 $1,500.00 57 Cast-hr-Place Concrete Post Ftng CY 1 $600.00 $600.00 I $600.00 $600.00 58 Roof Sheating (3/4") SF 100 $10.00 $1,000.00 100 $I0.00 $1,000.00 59 2 x 6 a. 16" o.c. (Roof Framing) LF 150 $5.00 S750.00 1 50 $5.00 $750.00 60 2 x 8 ci) Fascia LF 40 $10.00 $400.00 40 $10,00 $400.00 61 2 X 6 (c Sill LF 40 $10.00 $400.00 40 $10.00 $400.00 62 63 4 x 8 l3eam LF 16 $30.00 $480.00 16 $30.00 $480.00 4 x 6 Post - LF 27 $20.00 $540.00 27 $20.00 $540.00 64 4 Ply Built-up Membrane Roofing SQ 1 $1,000.00 $1,000.00 1 $1,000.00 S1,000.00 _ SUB TOTAL S53,003.00 SUB TOTAL $53,003.00 65 Add Alternate III $2,000.00- Paint lighting Standards LS 1 $2,000.00 $2,000.00 1 $2,000.00 _ Add Alternate lit 66 ADA Drinking Fountain EA 4 $6,000.00 $24,000.00 4 $6,000.00 $24,000.00 r Add Alternate f3 67 - - Decomposed Granite Path‘vav LS 1 S46,000.00 $46,000.00 0 $46,000.00 _ SUB 'TOTAL $72,000.00 SUB TOTAL $26,000.00 Page 3 FINAL CONTRACTBAK.ANC0('X1ANGE ORDER 0m� —'--- ------- ---'-------' '--- (0| Patch Asphalt & Remove |'5 Ramp * Las Palmas (T)2 Provide (4)Footiugs,'�i)(late — iS Posts x1Kimball [0] Remove and reinstall inh 8nNm | /�n oo mxm Las Palmas [()4 Kcp|ucc Fouoc to Corner of' iihrur\ at Kimball (A05 Credit k`r Bid Items 1115 & 11|Dfor work not pertbrined [Uh Cover score shack opening ut Las Palmas LS LS |'3 iS (I)7 Install new fencing per plans at K/mUhx ----'--- --'---- CO Install additional new kxcing at Kimball |'S LS T � | | | Q.5x7.V0 S577.00 $|,6760O ($2,5Zl0O) | $|�76.N) ($2.5}5.NV [(B (T)|0 |ostuU privacy partition in KestromnukKimball Install privacy partition io Kes1momsatBTowoo 0 LS | $4.596O0 $4.596.00 DUB TOTAL $0.00 | %|A4i0V $78.00 D|.44i00 1440 $16,061.00 $zzJ,268{m $l��79.00 VAO FINAL CONTRACT BALANCE CHANGE ORDER DISCUSS ION: Added line items: No additional line items have been added after Construction Change Order Number Ten CONTRACT ADJUSTMENT: As a result of this change order, the contract price is adjusted as follows: 1. As per Construction Change Order Numbers One through "fen, the final contract price to date is adjusted to S137,679.00. 2. As a result of the satisfactory completion of said project, a retention balance for S13,767.90 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. ABC Construction Company, Inc. 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. Page 5 FINAI, CONTRACT BALANCE CIIANGE ORDER RECO1'If\ILNDED FOR APPROVAL BY: (— 2 V( t) /2'/ ./0.t'(f Gordon Day DATE PROJECT MANAGER (Consultant) City of -Chula Vista Kennet i Fernandez CIVIL. ENGINEERING TECHNICIAN NATIONAL CITY PROJECT COORDINATOR REVIEWED BY: (,`e t' DATE 61 in Daneshfar, P.E. DATE PRINCIPAL CIVIL ENGINEER Maryarn Babaki, P.F.. DATE CITY ENGINEER ACCEPTE 3-ITEl'Sferprises, Inc CONTRACTOR APPROVED BY: Ron Morrison MAYOR City of National City Resolution Number: DATE £ / o/o 7 DATE Page 6 KI CoRDIN(1 RI (11', Ft l) R1' III N RI (UI(1)1 ?\1AI1 I() NV11I (I11 U1 N VI ION VI ( 111 VI)I)KISS I'1;NVII )N:AI ( III R(1tIIN, \RI) \:A 1 I( )N VI ( (.A 919S() NOTICE OF COMPLETION (:.AI. IFORNI A (:►V tt.. CO►)t: St:C IION 309.i NOTICE IS HEREBY GIVEN of the completion on June 16. 2009, of the National City Parks Rehabilitation Project (Phase 3), Specification No. 07-06-(' \\ork of nnpu)veni nt or portion of xtork of intprov-enlent inlet con -Ai lion or alteration on the premises located at Kimball Park. 1.as Palmas Park, and 1':I '1 ovon Park in National City. CA 91950 Street ,\ddress ('its Slab Zip Code The undersigned owns the following interest or estate in said property: N/A Naturc of the interest or estate ot omner (mortgagor. lessee. cie ) Said \York of improvement was performed on the property pursuant to a contract with 3-L) Enterprises. Inc. Name of Original Contractor The lotlowing work and material were supplied: Laborer Groups. Bob Cat, 'fruck s, Temporary Ptuns, Cement Masons. Operators, Loaders. Demolition, Concrete_ Scaffolds. lifts, Painting Supplies. etc._ (;cneral ;l ttcr ent of kind of labor. services. equipment or materials Dated: Ile names and addresses of co -owners are: Joint tenants. tenants in common. ot other owners . 2009: Signature of Owner ocr Cit. s of National ('its. 1213 National (its RIxd . National Cit. (.:A 91950 I. the undersigned. say: I have read the foregoing Notice of Completion and know the contents thereof: the same is true (Amy own knowledge. 1 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, California CITY COUNCIL AGENDA STATEMENT '''''MEETING DATE June 16, 2009 AGENDA ITEM NO. 13 (ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PROJECT DESIGN CONSULTANTS IN THE AMOUNT NOT TO EXCEED $600,000 TO PROVIDE CONSULTANT SERVICES FOR THE COMPREHENSIVE UPDATE OF THE GENERAL PLAN AND LAND USE CODE. DEPARTMENT Raymond Pe, AICP 336-4250 ` Community Development EXPLANATION On June 2, 2009, the City Council directed staff to prepare a resolution and an agreement for consultant services for the comprehensive update of the General Plan and Land Use Code. The proposed resolution would authorize the Mayor to execute the agreement with Project Design Consultants, the recommended consultant. A request for qualifications was distributed to 14 consultant firms, of which five responded with statements of qualifications. Four firms were invited to interview and submit proposals; three firms accepted. Staff conducted interviews at each consultant's office and toured their proposed work space that is required to be dedicated for the City's use for the duration of the process. The recommended consultant was selected based on criteria including qualifications, approach, scope of work, and budget. Environmental Review An Environmental Impact Report will be prepared pursuant to the California Environmental Quality Act under a separate contract with a consultant to be determined by the City. Financial Statement Establish appropriations in the amount of $600,000 in account 159-445- 468-213-0000 for FY tq/tOestimated expenditures Approved B : J �c im' Financle Directo Account No. 159-445-468-213-0000 STAFF RECOMMENDATION Adopt the resolution authorizing the Mayor to execute the agreement for consultant services. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. *ill1. Resolution 2. Agreement A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PROJECT DESIGN CONSULTANTS IN THE AMOUNT NOT TO EXCEED $600,000 FOR THE COMPREHENSIVE UPDATE OF THE GENERAL PLAN AND LAND USE CODE WHEREAS, on March 21, 2009, the City Council held a public workshop, including a staff presentation of a conceptual approach for the comprehensive update of the General Plan; and WHEREAS, on April 21, 2009, requests for qualifications were distributed to fourteen consultant firms, of which five responded by the deadline of May 7, 2009, with statements of qualifications; and WHEREAS, on May 21, 2009, staff interviewed three qualified firms and toured their proposed work space for the project; and WHEREAS, on June 2, 2009, the City Council directed staff to prepare a resolution and an agreement for consultant services with the selected consultant. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement between the City and Project Design Consultants for the comprehensive update of the General Plan and Land Use Code. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of June, 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 PROJECT DESIGN CONSULTANTS THIS AGREEMENT is entered into this 16th day of June, 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and PROJECT DESIGN CONSULTANTS, a California corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a consultant to prepare the comprehensive update of the General Plan and Land Use Code and to coordinate with an environmental review consultant to be determined by the City. WHEREAS, the CITY has determined that the CONSULTANT is a multidisciplinary consulting firm qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10 percent from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Raymond Pe hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Christopher J. Morrow, AICP thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon payment in full for services rendered and completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. It is expressly understood that Article 7 is intended to deal with Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents exclusively developed for the CITY by CONSULTANT and is not intended to apply to standard details, systems and specifications developed and used by CONSULTANT which shall remain the property of CONSULTANT and may be used with other projects without CITY's consent. 2 Citys Standard Agreement - June 2008 revision 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 CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT's employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subconsultants, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subconsultant(s) shall require the subconsultant to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subconsultants, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the 3 Citys Standard Agreement - June 2008 revision 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 be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully 4 City's Standard Agreement —June 2008 revision authorized by that third party. This provision shall not restrict the CONSULTANT from giving notices required by law or complying with an order to proide information or data when such order is issued by a court, administrative agency or other legitimate authority, or if disclosure is reasonably necessary for the CONSULTANT to defend itself from any legal action or claim. 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 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, 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 %Mr indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. v 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subconsultants, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. 5 City's Standard Agreement —June 2008 revision 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 of equal financial stability that is approved by the CITY's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties 6 City's Standard Agreement - June 20,38 revision 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 reorganization of the CONSULTANT for the benefit of creditors; or (3) a business '`. reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Raymond Pe, AICP City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONSULTANT: Christopher J. Morrow, AICP Project Design Consultants 701 B Street, Suite 800 7 Citys Standard Agreement - June 2008 revision San Diego, CA 92101 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 CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. 8 Citys Standard Agreement — June 2008 revision 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 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 PROJECT DESIGN CONSULTANTS (Corporation - signatures of two corporate officers required) By: By: Chris Zapata City Manager APPROVED AS TO FORM: (Name) (Print) (Title) By: George H. Eiser, III (Name) City Attorney (Print) (Title) 9 Citys Standard Agreement — June 2008 revision ExHIBrr A Nome PROJECT DESIGN CONSULTANTS I City of National City — General Pfan Update, Land Use Codes and Master EIR SECTION IV: PROPOSED SCOPE OF WORK If selected by National City to prepare the General Plan Update, Project Design Consultants (PDC) will serve as the General Contractor in this effort. Within this capacity, PDC will work closely with City staff (') serving as the main writer and editor of documents to ensure consistency within the text and formatting. PDC will also assist the City with managing the project, working closely with the fellowship students and 0 subconsultants to keep team members on task and drive the project schedule. PDC is highly capable of providing guidance and support to the fellowship students, leading public outreach efforts, preparing land use/circulation alternatives that respond to identified issues, opportunities, and constraints, and preparing a well -written, concise, easily understandable, and implementable General Plan document. The following work program identifies PDC's draft approach for completing the General Plan Update process. This approach will be modified as necessary based on input from the City. Start Up and Data Collection by Fellowship Students A. The Consultant Team will prepare a memorandum on data needs, including digital data files of base maps, the General Plan map, and other maps available from the City, and will meet with Planning and other technical City staff as well as the fellowship students to gather existing information. PDC will work closely with National City staff to develop a program and effectively manage the work efforts of the fellowship students to ensure delivery of high -quality and relevant work products. B. To aid in the effective and efficient assemblage of data, it may be prudent to engage the range of subconsultants to further direct and focus the activities of the fellowship students. The following are potential student assignments, which may be modified or expanded, based on student backgrounds and expertise. 1. Land Use and Housing: a. Identifying prime infill opportunities based on specific criteria (i.e. infrastructure availability, distance from the central business district or a commercial center, surrounding development, distance from a bus/transit stop, permitted density/intensity). b. Analyzing vacant and underutilized property, constraints to its development, and identifying its development potential to fulfill future residential and non- residential needs. c. Reviewing any existing or potential land use conflicts. d. Conducting a photo survey of the City. e. Researching historical and recent population, household, and employment trends, population and household growth, changes in demographic composition, labor force composition, income distribution. f. Researching existing housing needs, special housing needs, and projected housing needs (Regional Housing Needs Allocation). g. Identifying land use and zoning constraints that could affect the City's ability to provide needed housing. 2. Economic and Fiscal Analysis: a. Researching current characteristics of National City's economy, reviewing the evolution of the local economy over the past ten to twenty years, identifying sources of growth and revenue, and identifying the community's satisfaction with economic growth to date. `..+ Page IV-1 ON )PoM to adoas pasodoad r7-PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, Land Use Codes and Master EIR b. Conducting interviews with local real estate and business representatives, staff, Chamber of Commerce, etc. to provide insight into both constraints on future growth and opportunities available. c. Researching past and current trends regarding costs and City spending on public facilities and services and sources and distributions of different revenues. Specific attention could be focused on park and recreational amenities and government funding received for programs such as Safe Routes to School. 3. Circulation: a. Working with the traffic consultant to collect am and pm peak hour traffic counts for key City intersections. b. Contacting SANDAG, the San Diego Metropolitan Transit System, Caltrans, adjacent cities, and National City transportation staff to identify existing and potential future transportation issues and planned improvements. c. Collecting information on existing and proposed transit services and ridership statistics. d. Mapping non -vehicular circulation routes including transit routes, bicycle paths, and pedestrian trails, and identifying major barriers to pedestrian and bicycle circulation. 4. Parks and Open Space: a. Mapping the City's parks and recreational open space areas and analyzing the existing quantity in terms of City standards and Quimby Act requirements. b. Using service radii from existing parks to visually represent areas or neighborhoods which may currently be deficient or more than adequately served in terms of recreational open space. c. Mapping non -recreational open space and identifying its potential for development or preservation. 5. Historic Resources.. a. Mapping and listing of cultural and historic resources currently identified by the city, state, and federal agencies. 6. Hazards: a. Identifying portions of the City estimated to be within a zone of 100-year flood inundation hazard using up-to-date Federal Emergency Management Agency (FEMA) published flood insurance rate maps or other information sources available from City departments. b. Summarizing risks to land use and development posed by flood hazards. c. Researching potential issues associated with rising sea levels. d. Mapping areas with a threat of wildland/urban interface fire hazard. 7 Public Facilities and Services: a. Evaluating conditions related to public facilities and services using available documentation and support from City staff. Page IV-2 w 0 n 0. z tom lo adoas pasodoad r-,'�' PROJECT DESIGN CONSULTANTS City of National City — General Plan Update, Land Use Codes and Master EIR b. Developing a summary description of the existing water and wastewater system including physical facilities, sources of supply, conservation programs, and planned future expansions. System capacity, current demand, and future needs should be quantified. c. Identifying major utilities, school sites, and other major public facilities. d. Working closely with the school district to identify school capacity and need. 8. Existing Conditions Report: a. Preparing the Existing Conditions Report covering all of the topics identified above, which will be drafted, reviewed, and edited by PDC as necessary. b. Evaluating the goals and policies of existing General Plan elements and the effectiveness of the policies and programs in achieving the City's current vision and objectives. c. Preparing summary maps of constraints/opportunities by synthesizing and overlying collected data to identify opportunities and constraints to development within the City. These maps should be prepared at both report and display -size scale. C. PDC will work in conjunction with the City to provide guidance to the fellowship students throughout their research efforts. To broaden the experience and education for the students involved in the fellowship program, PDC will invite the students to become a part of the PDC family, hire and compensate them for their efforts, hold informational/training luncheons utilizing PDC staff and subconsultants, and make our offices available for the students and for related use by the schools and City for the duration of the update effort. D. It is PDC's intent to involve the fellowship students in the initial public outreach efforts as well including the visioning workshops and the internet survey. II. Additional Background Research to be Conducted by Other Members of the Consultant Team A. It is anticipated that analysis beyond the capabilities of the fellowship students will be needed for the following topics. City planning programs generally do not cover the technical aspects of these subjects. However, should students with expertise in these areas be chosen for the fellowship program, these tasks can be assigned to them: 1. Traffic Analysis, Existing intersection and freeway operating conditions will be determined. Existing level of service (LOS) will be calculated on key roadways. 2. Bio/ogica/ Resources. An overview of biological resources will be presented including a listing of rare, threatened, or endangered species. The location of species and existing or potential habitat areas will be mapped. 3. Hydrology and Water Quality. Major water bodies and drainage areas will be mapped. Data on average precipitation, variability and design storm rainfall intensity will be presented. Areas known for soil contamination will be mapped. Generic urban area pollutant types and their sources will be documented. General groundwater conditions and groundwater quality will be summarized. 4. Archaeological and Historic Resources. Areas with high potential for discovery of additional historic and cultural resources will be identified. Page IV-3 )PoM to ado3S pasodoad PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, I Land Use Codes and Master OR 5. Geologic, Soil, and Seismic Hazards. Geologic formations and soils underlying National City will be mapped. Geologic hazard areas such as steep slopes and fault lines will be identified. Buildings and structures susceptible to damage or collapse in the event of an earthquake will be identified. Erosion potential will also be determined. Noise. A monitoring survey of the noise environment will measure noise levels at strategic locations throughout National City. Existing condition noise contours will be prepared based on the monitoring survey, current traffic volume and speed, and truck traffic percentage statistics. The contours will also be checked against previous noise research and analysis. 7. Air Quality. The existing air quality environment in terms of meteorological conditions will be analyzed and the City's and State's air quality policies will be summarized. Trends toward improved air quality will be identified. 8. Economic Development. Additional analysis of economic trends will be provided by Keyser Marston, as needed. 9. Climate Action Plan. DC&E will conduct research as necessary for preparation of the Climate Action Plan. 10. Brownfie/ds and Hazardous Materials Investigation. SCS Engineers will conduct research as necessary to identify hazardous materials sites within the City of National City and identify remediation measures. Ifl. Community Visioning and Initial Outreach The development of a Vision Statement will be one of the first major tasks in the General Plan Update process. The Vision Statement will outline what kind of community National City desires to be in the next 20 years and will serve as the foundation for the General Plan by setting parameters upon which the Plan's goals, policies, and objectives will be based. PDC expects that a Vision Statement will be developed through input gathered from the community at a series of neighborhood visioning workshops, an internet survey, and input gathered from the School Board, Planning Commission, and City Council. A list of strategies to encourage ample attendance and participation in the community outreach meetings is provided at the end of this work program. It is PDC's goal to engage the fellowship students the initial phases of the public outreach efforts so that they may assist with the visioning workshops and internet survey and conduct any additional research that may be required as a result of public input. A. General Plan Update Newsletter #1. 1. Based on observations from the data collection, PDC will prepare a General Plan Update newsletter to summarize significant background research and identify potential General Plan issues. The newsletter will be submitted both in English and in Spanish in an electronic format suitable for posting on the City's website. The newsletter may also be posted at local libraries and schools. Page IV-4 tom 40 adooS pasodoid PROJECT DESIGN CONSULTANTS City of National City — General Plan Update, Land Use Codes and Master EIR B. Community Visioning Workshops. 1. In conjunction with City staff, PDC will hold public community workshops within identified City neighborhoods to establish a Vision Statement that will be used to guide preparation of the updated General Plan. 2. These workshops will also identify issues that members of the community feel to be important and that are appropriate for consideration under the General Plan. 3. The City's five guiding principles/City Council objectives (Quality of Life, Education, Health and Safety, Business, and Development) will be used to aid in the development of the vision and will be defined in consideration of the Vision Statement. 4. Background research regarding existing conditions and projected future growth will be reviewed. Regional transportation patterns as identified by SANDAG will be identified along with SANDAG Smart Growth Areas within the City. Prime infill areas identified by fellowship students and reviewed by PDC will also be examined. 5. Mandatory elements that need to be included in the General Plan and additional issues that need to be addressed such as AB32 and SB375 will be discussed. 6. Attendees of the visioning workshops may be appointed or elected to an Ad Hoc Committee/General Plan Advisory Committee composed of representatives of each neighborhood (civic, business, property owners, etc.), which will serve an important advisory role to the City. A separate Youth Advisory Committee should also be formed to ensure that issues important to young people are addressed in the General Plan Update. This Committee will be provided ample opportunity to contribute to the update through a variety of meetings, workshops, and planning exercises. (Refer to Notes on the Public Outreach Program at the end of the work program for additional strategies to engage children and youth in the update process). 8. Representatives of the school district, school personnel, and members of parent/teacher organizations should be part of these committees as well to better inform the process. C. Community Opinion Survey. 1. After or during the initial visioning workshops, PDC will create a professional online survey which can be accessed from National City's website. Fellowship students may also be involved in this process. The benefit of such a survey is the ability to collect input from residents who may not have the desire, time, or ability to physically attend a meeting. Internet surveys are very inexpensive, easy to administer, and typically generate far greater response than public outreach meetings, which may not be well attended by a broad representation of the diversity of the population within National City. The ability to participate in the internet survey may be presented to the public through the local news media, fliers and notices posted throughout the city, announcements at local schools, Page IV-5 PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, ,,, , . , • Land Use Codes and Master EIH and/or other means deemed appropriate by the City. The Internet survey may provide a better opportunity to elicit responses from youth as well. A potential by- product of this effort is a surge of interest and excitement in the project by the public, which could fuel greater attendance at future public workshops. Survey questions can be drafted in both English and Spanish in an effort to overcome potential language barriers. 3. Residents who do not have personal home computers or internet access would be able to participate in the survey from public libraries, schools, or internet cafes. Planning Commission, School Board, and City Council Review of draft Vision Statement. 1. Based upon the input and direction received per the above work efforts, PDC will work closely with City staff to create the formal Vision Statement that will guide and inform the remaining update tasks. General Plan Update Newsletter #2. 1. Based on the outcome of the Visioning Workshops and internet survey, a second newsletter will be prepared to present the formal Vision Statement and significant issues raised by the community that will be addressed in the General Plan Update. 2. The newsletter will be submitted both in English and in Spanish in an electronic format suitable for posting on the City's website. The newsletter may also be posted at local libraries and schools. IV. Plan Alternatives PDC will develop preliminary plan alternatives for several transit -oriented districts through close coordination with City staff and subconsultants to ensure consistency with the Vision Statement and initial goals and objectives. The advantages/disadvantages, opportunities/constraints, and impacts of each alternative will be analyzed to better inform the preferred plan selection. These plans will focus on specific transit -oriented districts. A. Preliminary Alternative Sketches. 1. Two land use/circulation alternatives wilt be defined for each transit -oriented district for review by the City. The alternatives will be sensitive to the issues, opportunities, and constraints identified in the Existing Conditions Report and the Community Workshops. The current General Plan will be considered the baseline so there is a dear reference point for comparison and residents and stakeholders are informed of the consequences of a new General Plan. B. Plan Alternatives Community Workshops. After meeting with City staff and the General Plan Advisory Committees to review the alternatives, PDC will organize a second set of workshops (design charettes) with the community to review the plans. Specific issues related to the incorporation of economic development strategies, land use and community form, transportation strategies, transit and bikeway planning, environmental resources, housing, etc. will be discussed. Pago IV-6 0 •C 0 0 N CD a U) 0 (D 0 0 PROJECT DESIGN CONSULTANTS ( City of National City — General Plan Update. Land Use Codes and Master EIR Refined Alternative Plans. 1. PDC will meet with the City and Advisory Committees following the community workshops to discuss what revisions should be made to the plan alternatives. The alternatives will then be revised based on the outcome of these meetings. The refined Alternative Plans will be presented to the Planning Commission, School Board, and City Council at either individual meetings or a joint meeting for review and comment. 3. If required as a result of input from the Planning Commission, School Board, and City Council, the alternative plans will be further refined. D. Technical Evaluation of Alternative Plans. During the preparation of the plan alternatives, the advantages/disadvantages, opportunities/constraints, and impacts of each alternative will be researched and analyzed by the GPU team. Topics for evaluation include: a. Land Use, Population, and Conservation - PDC will identify impacts in terms of population, jobs/housing balance, resource preservation, healthy communities, and other factors of concern and present this information in narrative and tabular form. b. Transportation - The traffic consultant will analyze potential traffic impacts of the land use alternatives in the context of baseline traffic forecasts. Peak hour trip generation and distribution projections will be developed for each alternative. The analysis will summarize the relative congestion created by each alternative and the general level of capacity improvements that would be needed for each. c. Economic and Fiscal Impacts - The economic consultant will formulate cost and revenue equations that describe the changes in costs and revenues that result from changes in population, development, and other conditions. Consultant will review the extent to which new development within each land use would cover the cost of its own services. A summary of financing tools will be prepared describing the conditions under which they may be used along with their advantages and disadvantages. Consultant will conduct a comparative fiscal analysis of the alternatives, projecting the fiscal outcomes of new development and other changes that might be associated with the alternative plans. 2. An Alternative Plans Summary Report will be prepared summarizing the evaluation of the alternative plans. E. General Plan Update Newsletter # 3. 1. Based on the outcome of the Plan Alternatives Workshops and the meetings with the Planning Commission, School Board, and City Council, PDC will prepare a third newsletter which presents and describes the refined Plan Alternatives and briefly summarizes the results of the technical evaluation of each. Page IV-7 PROJECT DESIGN CONSULTANTS I City of National City - General Plan Update, l Land Use Codes and Master EIR 2. The newsletter will be submitted both in English and in Spanish in an electronic —� format suitable for posting on the City's website. The newsletter may also be (f) posted at local libraries and schools. CD 0 V. Preferred Plan Selection Once the plan alternatives have been refined, PDC will work with the community to discuss and compare the alternatives and develop guidelines for a preferred plan for each transit -oriented district. These preferred plans will be closely coordinated with City staff, the advisory committees, and decision -makers. .0 A. Preferred P/an Community Workshops. In conjunction with City staff, PDC will organize O community workshops to discuss and compare the alternative plans. The results of the technical analysis of the plan alternatives will be reviewed. N CD B. Preferred Alternative Selection. Following the community workshops, PDC will meet with City staff and the Advisory Committees to discuss comrnunity reaction to the alternatives and identify/clarify the goals and objectives to form the basis of the preferred alternatives. 0 C. Preparation of Preferred Alternatives. PDC will prepare the preliminary preferred plans. CD D. Decision -Maker Review of Preferred Alternative. Planning Commission, School Board, and O City Council review of preferred plans. --�. E. General Plan Update Newsletter #4. O 1. The preferred alternatives will be identified in the newsletter along with a �✓ discussion of the rationale for the preferred alternatives based on the results of the technical evaluation of the alternative plans, the results of the preferred plan community workshops, input from staff and the advisory committees, and direction from decision -makers. 2. The newsletter will be submitted both in English and in Spanish in an electronic format suitable for posting on the City's website. the newsletter may also be posted at local libraries and schools. VI. Draft General Plan and Council Working Meetings Council working meetings open to the public will be held throughout the preparation of the draft General Plan document in order to discuss and formalize policies that will implement the Vision and Council objectives. The five Council objectives include Development, Health and Safety, Education, Business, and Duality of Life. Goals and objectives related to each of these subjects will be presented in the relevant General Plan elements. The draft General Plan document will be closely coordinated with City staff, advisory committees, local decision -makers, and local and state agencies. A. Draft Outline. PDC will prepare an outline and format for the General Plan and review it with City staff and the Advisory Committees. Topics that will be covered in each section will be identified. Council Working Meeting #1 - Development. Goals, policies, and implementation measures related to the "Development" guiding principle will be discussed. Page IV-8 r, PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, Land Use Codes and Master EIR Counci/ Working Meeting #2 - Health and Safety. Goals, policies. and implementation measures related to the "Health and Safety" guiding principle will be discussed. D. Counci/ Working Meeting #3 - Education. Goals, policies, and implementation measures related to the "Education" guiding principle will be discussed. E. Counci/ Working Meeting #4 - Business. Goals, policies, and implementation measures related to the "Business" guiding principle will be discussed. F. Counci/ Working Meeting #5 - Quality of Life. Goals, policies, and implementation measures related to the "Quality of Life" guiding principle will be discussed. G. Draft General P/an. Work on the Draft General Plan will occur throughout the Council Working Meeting process as goals and policies are developed and formalized. We will work closely with City staff to combine required and optional elements where possible to aid in the ultimate use and function of the general plan. 1. The elements will be prepared to include all State mandated requirements. Certain elements will be combined as permitted by State law to streamline the document and as desired by the City. Optional Economic Development, Health, and Education elements will also be included in the General Plan Update. 2. It is anticipated that the General Plan will cover the following topics: a. Land Use i. Land use designations, distributions, and associated densities/intensities. ii. Distribution and availability of mineral resources iii. Distribution and location of recreational, educational, and public buildings and facilities. iv. Location of future solid and liquid waste facilities. v. Identification of areas subject to flooding. vi. Jobs/housing balance. vii. Environmental justice. viii. Universal access ix. Global climate change. x. Growth management. xi. Public facilities and services. xii. Land use diagram. b. Circulation i. Automobile, transit, pedestrian, and bicycle circulation (including universal access issues). ii. Global climate change. iii. Navigable waterways, ports, and harbors. iv. Airports. v. Parking facilities. vi. Circulation diagram. Page IV-9 PROJECT DESIGN CONSULTANTS I City of National City - General Plan Update, Land Use Codes and Master EIR c. Conservation and Open Space i. Open space preservation (including habitat and biological conservation). ii. Parks and recreational amenities. iii. Agriculture and urban farms/gardens. iv. Green building strategies, tools, and techniques and relation to climate change. v. Alternative and potentially renewable energy sources and relation to climate change. vi. Sustainable water quality/storm water management tools and techniques. vii. Historic and archaeological resources. viii. Drainage and erosion. d. Health, Safety, and Noise i. Relationship between development patterns and public health. ii. Partner with health officials regarding land use and decisions. iii. Preventive medical care. iv. Nutrition, physical activity, housing quality, and other factors mental and physical health. v. Air quality and health related issues. vi. Pedestrian and bicyclist safety. vii. Seismic, geologic, and soils hazards. viii. Soil and water contamination issues. ix. Fire hazards. x. Hazardous materials. xi. Flooding and drainage. xii. Rising sea levels. xiii. Emergency management. xiv. Noise. xv. Crime prevention through environmental design (CPTED). development that influence e. Housing i. Land inventory for sites suitable for residential development. ii. Potential and actual government constraints to housing. iii. Housing resources. iv. Goals, policies, objectives, and schedules of programs for the preservation, improvement, and development of housing. v. Documentation of the City's accomplishments under the programs in the current Housing Element. vi. Quantification of existing and potential housing needs. vii. Regional Housing Needs Allocation (RHNA) projections. f. Education i. Partnership with the school district. ii. Establishing a Youth Advisory Council. iii. Tools and techniques to ensure genuine youth involvement. iv. Educational programs for people of all ages. g Economic Development i. Employment opportunities. ii. Partnering with schools and local businesses to provide job training Page IV-10 r PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, I Land Use Codes and Master EIR programs. iii. Opportunities and incentives for locally -owned businesses. iv. Social and cultural activities and programs to attract and encourage residents and visitors to support the local economy. v. Retention and expansion of industries and environmentally sustainable businesses. vi. Improvements and programs to revitalize commercial districts. h. Local Coastal Program. i. Policies related to the Local Coastal Program should be distributed throughout the General Plan. ii. PDC will assist City staff with required amendments to the Local Coastal Program to ensure consistency with the General Plan Update. i. Implementation and Monitoring. i. Identify and describe the range of implementation and monitoring tools and techniques. The General Plan elements will contain the goals and policies that will be used by the City to guide future land use decisions. In order to ensure that appropriate actions are taken to implement the General Plan, a set of implementation measures will also be provided. For each implementation measure, the policy it supports will be identified, the City department or outside agency responsible for implementation will be delineated, and a timeframe for implementation will be provided. 4. The General Plan document will be as clear and concise as possible. It will be user friendly and easy to understand with an emphasis on providing information visually by use of photographs, graphics, tables, drawings, and maps. PDC will focus on the creation of an easily implementable general plan document. H. Administrative Draft Genera/ Plan Review. City staff and the General Plan Advisory Committees will review the Administrative Draft General Plan Elements. The Draft General Plan will also be routed to relevant local and State agencies for review. Specific timeframes set by HCD will be followed in the development of the Housing Element. General Plan Update Newsletter # 5. 1. PDC will prepare a newsletter that summarizes all of the Council Working Meetings and provides an update regarding the status of the Draft General Plan Elements. 2. The newsletter will be submitted both in English and in Spanish in an electronic format suitable for posting on the City's website. The newsletter may also be posted at local libraries and schools. \.r Page IV-11 ID n 0 z )PoM to adooS pasodoad PROJECT DESIGN CONSULTANTS I City of National City - General Plan Updato, Land Use Codos and Master EIR VII. First Draft General Plan Community Festival A. Community Festival 1. To celebrate the Draft General Plan and elicit additional community input, a Community Festival can be held with booths and exhibit boards that identify what occurred from the beginning of the process to the development of the draft General Plan document. 2. The draft General Plan document will be available for review prior to the Community Festival through the City's website, at local libraries, and at schools. It will also be available for review at the Community Festival. 3. Community members will be given the opportunity to voice their opinions regarding the Draft General Plan at the festival. In addition, comment cards will be provided allowing people to anonymously provide input. 4. Following the Community Festival, PDC will meet with City staff and the General Plan Advisory Committees to determine what, if any, changes should be made to the Draft General Plan document based on the input received. B. Planning Commission, School Board, and City Council Review of Draft General Plan. 1. The Draft General Plan will be refined based on input from the decision -making bodies. C. General Plan Update Newsletter #6. 1. PDC will prepare a newsletter that summarizes the input received from the public, Planning Commission, School Board, and City Council and identifies any changes made to the draft document. 2. The newsletter will be submitted both in English and in Spanish in an electronic format suitable for posting on the Cay's website. The newsletter may also be posted at local libraries and schools. VIII. Draft Master Environmental Impact Report (MEIR) A. RECON will prepare an administrative Draft Master Environmental Impact Report (MEIR) for the General Plan Update (GPU) consistent with CEQA and the requirements of the City of National City. An administrative Draft MEIR will be submitted to the City for review. Preparation of the administrative Draft MEIR will involve the following tasks: 1. Prepare a draft work plan and detailed MEIR schedule. 2. Attend up to 40 hours of meetings with city staff and project team to address issues associated with the Draft EIR. 3. Prepare a detailed Project Description for the Draft MEIR that will include a statement of the goals and objectives that will be used to help establish a range of alternatives appropriate for the General Plan. Page IV-12 PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, I Land Use Codes and Master Eln 4. Prepare Notice of Preparation (NOP) for distribution by city staff. Assist city staff with coordination and presentation at a Draft MEIR Public Scoping Meeting. 5. It is anticipated that the following issues will be addressed in the Draft MEIR. Evaluation of each issue will be organized to reflect an introduction/methodology, existing conditions, significance criteria, impacts, significance of impacts, and mitigation. The analyses presented in each section of the MEIR will evaluate the potential for impacts associated with the update of land uses, goals, polices, and implementation programs associated with the comprehensive update of each of the General Plan elements. Policy statements in the existing General Plan will be considered as will the proposed modifications. Recommendations will be made for the amendment of those policies to achieve the plan's goals of achieving environmental quality in the City. In addition, implementation of sustainable growth strategies within the GPU will be addressed within the appropriate sections of the MEIR. The anticipated issues to be addressed and the scope of work for the Draft MEIR include: a. Land Use. A discussion of impacts in the Draft MEIR will be based on the extent to which the proposed land use and GPU policy modifications represent significant land use and planning changes. Land use compatibility effects associated with the policy modifications will also be addressed and will be based on the noise, traffic, and air quality impacts. The analysis will reflect the updated policies in the Land Use Element and other associated General Plan Technical Studies. Recommendations for mitigation measures will be developed to reduce potentially significant land use impacts. b. Community Character/Aesthetics: A discussion of community character/aesthetic impacts will be based on the extent to which the proposed GPU policies and any land use modifications represent a significant change in the nature of the visual setting of the area and the extent to which it is compatible with neighboring uses. The analysis will be based on secondary source information including information from the corresponding element from the GPU. c. Air Quality and Greenhouse Gas Emissions: A discussion of the air quality and greenhouse gas emission impacts will be based on the various technical studies that will be prepared to accompany the GPU. The air quality analysis will also address state and federal ambient air quality standards and compatibility with adopted air quality plans for the San Diego Air Basin. d. Biological Resources: RECON will review secondary source information biological information and mapping for the City. The information will serve as the basis for the update of the Conservation and Open Space Element and as well as the Biological Resources analysis in the Draft MEIR. e. Cultural Resources.- RECON will review secondary source information regarding the history and prehistory of the City. A record search will be performed at the South Coast Information Center and historic maps will be reviewed. This section of the MEIR will also incorporate the historic information provided by the fellows. The resulting information will serve as Page IV-13 NioM to adoos pasodo.id PROJECT DESIGN CONSULTANTS I City of National City -- General Plan Update, I Land Use Codes and Master EIR g• the basis for the update in the Conservation and Open Space Element of the General Plan as well as the Cultural Resources analysis in the Draft MEIR. Geology: The analysis of updated geological and seismic impacts will be based upon a technical study prepared in conjunction with the GPU. RECON will summarize the results of the geological analysis for inclusion into the Draft MEIR. Hazards & Public Safety: The analysis of hazards/public safety impacts (e.g., wild land fire, hazardous materials, emergency response, and seismic safety) will be based upon a variety of hazard and public safety studies that will be prepared to accompany the GPU and the resulting policies that would be incorporated into the GPU. h. Hydrology/Water Quality: The analysis of hydrology/water quality impacts will be based upon secondary source information and any relevant policy updates that are included in the update of the Conservation and Open Space Element of the General Plan. i. Noise: A discussion of the noise impacts will be based on the noise technical report study completed by RECON. The results of the noise technical report will be summarized in the Draft MEIR. Paleontological Resources Using existing secondary source data, RECON will assess the potential effects of the GPU on paleontological resources within the City. As necessary, mitigation procedures and protocols will be updated. Public Services: The Draft MEIR will address policy updates and objectives from the GPU that may affect park and recreation, police, fire, libraries, and schools throughout the City. I. Utilities: The Draft MEIR will address policy updates and objectives from the GPU that may affect water and sewer, and solid waste services throughout the City. m. Traffic/Circulation: The analysis of traffic/circulation will be based on a technical report provided by the City as well as the goals and policy updates developed for inclusion in the update of the Circulation Element. The MEIR will also incorporate policies that address public transit and multi -modal forms of transportation. 6. The Draft MEIR will also address cumulative impacts. The cumulative Impact analysis for the GPU will be prepared pursuant to the CEOA Guidelines, Section 15130 and will rely on a summary of projections contained within an adopted plan or related planning documents focusing on area wide regional conditions. 7. In addition, the Draft MEIR will include the No Project Alternative (Adopted General Plan) as well as two alternatives identified to lessen adverse environmental effects. RECON will work with city staff, the planning consultant, and other appropriate consultants in developing the appropriate the alternatives to be considered in the MEIR. For each alternative, a detailed impact analysis of Page IV-14 Noe O. —e O O N CD Q. timo O 0 O PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update. Land Use Codes and Master EIR each MEIR issue will be addressed. A matrix comparison of impacts of each alternative relative to the proposed General Plan will be included in the Draft MEIR. 8. The Draft MEIR will also include other mandated sections including an executive summary, introduction, project description, environmental setting, growth inducement, a statement of effects found not to be significant, significant irreversible environmental changes, references, and a list of organizations and person consulted. 9. Provide 3 copies and an electronic version of the Draft MEIR and accompanying technical reports to the City. 10. Prepare a Draft Mitigation Monitoring and Reporting Program. The Mitigation Monitoring and Reporting Program will contain a list of the mitigation measures and monitoring programs required for each aspect of the project. Note: The Draft General Plan will be reviewed in conjunction with the EIR and refined to ensure consistency and that mitigation measures are folded into plan polices. IX. Revisions to the Draft MEIR A. Based on comments received from the City of National City, RECON will prepare a revised Draft MEIR and submit copies of the revised Draft MEIR to the City for review. Preparation of the revised Draft MEIR will involve revisions to the project description, issues of analyses, cumulative impact analyses, alternatives, and other mandated sections. Preparation of the revisions to the Draft MEIR will involve the following tasks: 1. Prepare revisions to the NOP based on comments from city staff. 2. Attend up to 24 hours of meetings with city staff to address issues and comments associated with the Draft MEIR. 3. Review staff comments on the first Draft MEIR submittal. 4. Revise the Draft MEIR based on comments from city staff and provide a letter that accompanies the resubmitted summarizing the revisions that have been made to the MEIR. 5. Provide 3 copies and an electronic version of the revised Draft MEIR and accompanying technical reports to the City. 6. Revise the Draft Mitigation Monitoring and Reporting Program. X. Public Review of Draft EIR A. Based on comments received from the City, RECON will prepare a revised Draft MEIR for final check prior to public review and submit copies of the revised Draft MEIR to the City for final review. Preparation of the revisions for the public review Draft MEIR will involve revisions to the project description, issues of analyses, cumulative impact analyses, ``. PagelV-15 O • ) JOM io adoos pasodoad PROJECT DESIGN CONSULTANTS I City of National City - General Plan Update. I Land (Ise Codes and Master EIR alternatives, and other mandated sections. Preparation of the revisions to the Draft MEIR will involve the following tasks: 1. Attend up to 8 hours of meetings with city staff to address issues and comments associated with the Draft MEIR. 2. Review staff comments on the revised Draft MEIR submittal. „F2050 3. Prepare the final revisions to the Draft MEIR based on comments from city staff. 4. Provide 3 copies and an electronic version of the public review Draft MEIR and accompanying technical reports to the City for a final check before public review. OFI120 5. Revise the Mitigation Monitoring and Reporting Program to be consistent with the public review Draft MEIR. 6. Prepare editorial revisions to the public review copy of the Draft MEIR based on to the final check by City staff. 7. Provide CD copies of the Public Review Draft MEIR to the City of National City for public review distribution. Xl. Second General Plan Community Festival A. Community Festival. 1. While the draft MEIR and draft General Plan are out to public review, PDC will organize a second community festival to elicit input and better integrate the EIR process into the General Plan Update. Both the draft MEIR and draft General Plan documents will be available for review at the festival. In addition, booths and exhibit boards that identify what occurred from the beginning of the process to the development of the draft General Plan document and draft MEIR will be displayed. Summaries of the major components of the draft MEIR and draft General Plan document will be provided. Any changes that may have occurred to the draft General Plan document since the previous festival as a result of components of the draft MEIR will be identified. 2. The draft MEIR and draft General Plan document will be available for review prior to the Community Festival through the City's website, at local libraries, and at schools. It will also be available for review at the Community Festival. 3. Community members will be given the opportunity to voice their opinions regarding the draft MEIR and draft General Plan at the festival. In addition, comment cards will be provided allowing people to anonymously provide input. B. General Plan Update Newsletter #7. 1. PDC will prepare a newsletter that summarizes the results of the second community festival. Page IV-16 PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, Land Use Codes and Master EIR 2. The newsletter will be submitted both in English and in Spanish in an electronic format suitable for posting on the City's website. The newsletter may also be posted at local libraries and schools. XII. Final EIR A. After the close of public review, RECON will respond to comments on the Draft MEIR and prepare an administrative Final MEIR. This report will be submitted to the City for review. Preparation of the administrative Final MEIR will involve the following tasks: Attend up to 16 hours of meetings with city staff review the letters of comment on the public review Draft MEIR. 2. Compile and organize comments received during public review. fR,dto Prepare draft responses to comments received during public review. This task is based on an estimate of 25 comment letters, not to exceed 200 comments. Should additional comments be received or additional technical analysis be required to respond to those comments that will be completed as an additional effort to this authorization. 4. Based on the review by the City, RECON will revise the responses to comments and produce the Final MEIR. 5. Prepare CEQA Draft Findings and Statement of Overriding Considerations. Information needed to support the Findings/Statement of Overriding considers will be provided by the city of National City. 6. Prepare a final Mitigation Monitoring and Reporting Program. 7. Provide CD copies of the Final MEIR to the City for distribution. XIII. Form Based Zoning Code A. PDC will develop a Form -Based Code consistent with SANDAG policies and previous experience preparing form based codes. Background research to aid in the development of the Form Based Code will occur in conjunction with fellowship students and will include a photo survey of the City, reviewing existing regulatory conditions, and examining and analyzing existing and planned development patterns. 1. Prepare Form -Based Code document with sample images; illustrations, sections, and plan; tables; and text as needed with the following components: a. Transect Zones i. Overview/Definition ii. National City Transect Zones iii. Land Use Standards by Transect Zone b. Site and Building Design i. Building Types and Building Heights ii. Frontage Types iii. Building Setbacks/Building Placement Page IV-17 11aoM 4o adoos pasodoid PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, Land Use Codes and Master EIR I iv. Encroachments v. Parking Requirements and Placement vi. Landscape Standards vii. Architectural Styles c. Circulation/Mobility i. Classifications/Hierarchy ii. Street Network Plan iii. Block Requirements iv. Street and Sidewalk Design v. Bicycles and Bicycle Network Plan vi. Transit Design and Transit Network Plan vii. Traffic Calming d. Public Spaces i. Open Space Network Plan ii. Plazas, Squares, Greens, and Parks iii. Street Trees and Streetscape e. Parking i. Surface Parking ii. Structured Parking iii. Parking Reduction Strategies f. Signage i. Sign Types ii. General Requirements iii. Size, Amount, and Location iv. Prohibited Signs v. Nonconforming Signs g. Sustainable Design i. Climate and Environmentally Sensitive Site Design ii. Climate Appropriate Landscaping Stormwater Retention and Infiltration (LID) iv. Building Materials v. Water and Energy Conservation XII. General Plan and Zoning Adoption Hearings and EIR Certification A. Public Hearings. Consultant Team will work closely with City staff and stakeholders to help ensure a strong level of community participation and preparation of high -quality staff reports in the adoption hearings for the General Plan Update, Form Based Zoning Code, and EIR certification. Final General Plan. Following adoption, PDC will prepare a final version of the General Plan with a title page reflecting the action of decision -makers. PDC will also provide a final version of the Form Based Zoning Code. Both documents will be submitted in electronic format suitable for posting on the City's website. Page IV-18 PROJECT DESIGN CONSULTANTS I City of National City — General Plan Update, Land Use Codes and Master EIR Notes on the Public Outreach Program: To encourage community input as well as high levels of attendance and participation at the 0 521. Community Workshops, the following strategies may be employed: 1. Advertise public outreach meetings through fliers posted around town and partner with local community groups to have email blasts sent to their members. 2. Get the local news media involved - have meeting times published in newspaper articles or advertised via local news television and/or radio shows - this is in addition to any required Brown Act public notices. 3. Whenever possible, conduct public meetings at venues within neighborhoods rather than exclusively at City Hall. Existing school and community centers are appropriate sites in this regard. 4. Utilize TurningPoint technology to provide real-time responses to survey questions presented in PowerPoint presentations and provide a voice to those who are reluctant to speak up at the meetings. 5. To encourage children and youth to participate, make announcements at schools regarding the opportunity to participate in the public outreach meetings. 6. Send home fliers with students encouraging parents to bring their children to the public outreach meetings. 7. Partner with schools and have teachers offer extra credit for students that participate because they will be learning about local government processes. 8. Make meetings interesting and fun. 9. Offer small prizes/incentives to encourage students to participate at community meetings. 10. Provide hands-on activities such as having students map their routes to school (via auto, foot, or bike), identify on maps with stickers areas that they like and dislike, where they feel safe and unsafe, etc. PDC will utilize existing programs provided by APA and ULI to inform these activities. 11. Conduct individual or small group interviews with students to determine what they would do to improve the community. 12. Go on a walking tour through certain areas of the City with children and youth and have them point out places that require improvements and places that they like and use. 13. Provide children and youth with disposable cameras and have them photograph places that they like/dislike. Ask them to share and explain their photographs. 14. Include a link on the City's website that provides updates regarding the process and allows people to make comments at any time. 15. Keep a comment matrix which lists every comment received, the source of the comment, staff's recommendation, and the Planning Commission's and City Council's action on each comment. Page IV-19 0 )1ao/U1 to adooS pasodoad City of National City Comprehensive General Plan Update, Land Use Code, and Master EIR Proposed Schedule ID Task Name j Duration • Start . 2009 2010 •2011 • Qtr 1 ! Qtr 2 i Qtr 3 Qtr 4 ' Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr1.___. 2 : Qtr3 ' Qtr 4 1 Meeting with Chris, Brad, and Kristine _ 2 'City Council Meeting - Awarding of contract 0 days 0 days Fri 6/5/09! Tue 6/16/091 .-16/5 t16 _ _.Qtr 3 .Background Research conducted in conjuction with Fellowship Students 10 wks Mon 6/22/09i lierr.e,,,,r-1 4 City Council Meeting • Student presentation 0 days Mon 8/17/09! p 8/17 5 City Council Meeting - Action taken on direction 0 days Tue 9/1/09' Iv9/1 :of General Plan Update 6 'Visioning Workshops 1 mon Wed 9/2/09 7• ' Internet Survey 1 mon Wed 9/2/09 8 Conceptual Land Planning of TOD Districts 2.5 mons Wed 9/30/091 'Preferred Plan Selection 1 mon Fri 12/11/09 10 ;Council Working Meetings 3 mons Mon 1/18/10 11 Draft General PI3n Preparation, Development Strategy, Climate Economic Action Plan, 12 mons Mon 1/18/10' Energy and Sustainability Study 12 •Form Based Code 12 mons Mon 12/20/10: 13 Environmental Impact Report 14 Adoption Hearings 12 mons 1 mon Mon 12/20/1011 Mon 11/21/11! l we Task Milestone • External Tasks , "- "` -'""" t Project: Schedule 6-4-09.mpp Date: Thu 6/4/09 Split Summary External Milestone •: Progress Project Summary ....__..... _.."— Deadline T c Page 1 l r.: y - PROJECT DESIGN CONSULTANTS File: 3778.00 June 9, 2009 Mr. Raymond Pe, AICP CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4301 7o1 B STREEI, SUITE 800 SAN DIEGO, C\ 92101 619.235.6.111 TF.L 619.234.0349 Fax 11• W N'.PROJEC rD ESICN.COM SUBJECT: National City General Plan Update, Land Use Code, and Master Environmental Impact Report General Fee Schedule Dear Ray: The scope of work for the above -referenced project has been submitted under separate cover for inclusion within Exhibit 'A' of the contract the City will have with Project Design Consultants. The fee schedule for Project Design Consultant's overall work effort will be: • $20,000 per month for the 30 month duration of the General Plan Update. • This fee does not include pass -through costs associated with the student fellows, other project subconsultants or consultants, and typical project -related expenses. • For the first three months of the project schedule (June 2009 through September 2009) we estimate that the student fellows program will cost approximately $20,000 per month. From Project Design Consultants understanding, this will lead to an approximate total cost for the first three months of the project of $120,000. • At this time, no other consultants or subconsultants are being engaged by Project Design Consultants. It is our understanding that we will likely need to formally engage them on or about September 22, 2009. When the full project team is engaged, we will prepare detailed scopes of work, schedules, and budgets. • The environmental consultant will contract directly with the City of National City. Thank you very much for the opportunity to be of service. We are eagerly looking forward to working with the City of National City to create an award -winning, dynamic, and durable Updated General Plan, Land Use Code, and Master EIR. As always, please contact me directly (619 997- 3511) if I can be of any further assistance in this matter. Sincerely,ours, Christopher J. Morrow, AICP Senior Vice President/Director of Planning R:1WPICONTRACT \370013778 Exhibd'A'Leflerdoc SAN DIEGO • PHOENIX • TEJIECULA • BAKERSFIELD City of National City, California CITY COUNCIL AGENDA STATEMENT ``.MEETING DATE June 16, 2009 AGENDA ITEM NO. 14 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH SOHAGI LAW GROUP IN AN AMOUNT NOT -TO -EXCEED $250,000 TO PROVIDE LEGAL SUPPORT SERVICES FOR THE COMPREHENSIVE UPDATE OF THE GENERAL PLAN AND LAND USE CODE PREPARED BY EXPLANATION George H. Eiser, DEPARTMENT City Attorney (Ext. 4221) The proposed resolution would authorize the Mayor to execute an agreement with the Sohagi Law Group in an amount not -to -exceed $250,000. The firm would be available to provide legal support services regarding the upcoming comprehensive update of the General Plan and Land Use Code, which is a Tabor -intensive and legally technical process. The term of the Agreement would be from June 17, 2009 through December 31, 2011, the estimated date upon which the update will be completed. Margaret Sohagi, Esq., the President of the Sohagi Law Group, is a well -respected attorney throughout the State who has extensive experience in representing public entities in land use matters, and is willing to commit to providing legal support services for the update of the General Plan and Land Use Code. Environmental Review Financial Statement N/A Approved By: Finance Director Funding will be provided by a transfer of CDC Tax Increment funds to the City. Account No. STAFF RECOMMENDATION Adopt resolution approving the Agreement. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. �.. Proposed resolution Agreement A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH SOHAGI LAW GROUP IN AN AMOUNT NOT -TO -EXCEED $250,000 TO PROVIDE LEGAL SUPPORT SERVICES FOR THE COMPREHENSIVE UPDATE OF THE GENERAL PLAN AND LAND USE CODE WHEREAS, the City is about to undertake a comprehensive update of the General Plan and Land Use Code; and WHEREAS, said update will be a Tabor —intensive and legally technical process; and WHEREAS, it is the desire of the City Council to secure the availability of legal support services that can be dedicated solely to the General Plan and Land Use Code update; and WHEREAS, it has been proposed that the City enter into an agreement for those legal support services with the Sohagi Law Group in an amount not -to -exceed $250,000 for the period of June 17, 2009 through December 31, 2011; and WHEREAS, Margaret Sohagi, the President of the Sohagi Law Group, is a well - respected attorney throughout the State who has intensive experience in representing public entities in land use matters, and is willing to commit to providing legal support services for the update of the General Plan and Land Use Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement in an amount not -to -exceed $250,000 with the Sohagi Law Group to provide legal support services for the comprehensive update of the General Plan and Land Use Code for the time period of June 17, 2009 through December 31, 2011. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of June, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT FOR LEGAL SERVICES (the "Agreement") is made between THE COMMUNITY DEVELOPMENT COMMISSION OF 'I'I-IE CITY OF NATIONAL CITY (the "CDC") and THE SOHAGI LAW GROUP, PLC, (the "Firm"). This Agreement sets forth the parties' mutual understanding concerning legal services to be provided by the Firm and the fee arrangement for said services. Article 1. Retainer. The CDC hereby retains the Firm to assist in representing the CDC in connection with the update of the National City General Plan and Land Use Code, and related activities, subject to this Agreement. Article 2. Scope of Services. The CDC shall have the right in its sole discretion to determine the particular services to be performed by the Firm under this Agreement. These services may include the following: providing legal advice to City and CDC staff, and to those consultants retained by the City and CDC to assist in the update of the National City General Plan and Land Use Code; reviewing draft and final documents; attending meetings of the City and CDC staff, and public meetings before the City Council and CDC Board. It is expected that the Firm will work with the CDC's Legal Counsel and CDC staff. Article 3. Compensation. Compensation paid under this Agreement shall be as shown in the Fee Schedule attached as Exhibit "A". A. The Firm shall not use more than one attorney for the same specific task without the CDC's approval. The Firm may use the minimum number of attorneys for this engagement consistent with good professional practice after consulting with and obtaining approval by the CDC. B. The Firm agrees to document a plan and budget consistent with the scope of services described above in Article 2 to be agreed to by the CDC's Legal Counsel and the Firm. The CDC shall not he obligated to pay the Firm amounts not discussed, budgeted, and agreed to before being incurred by the Firm. C. The CDC has appropriated or otherwise duly authorized the payment of an amount not to exceed $250,000 for legal services and out-of-pocket disbursements pursuant to this Agreement. In no event shall the total fees plus out- of-pocket disbursements exceed this amount without written authorization of the CDC. D. The Firm shall keep the CDC advised monthly as to the level of attorney hours and client services performed under Article 1. The Firm will not charge the CDC for travel time; however, the Firm may charge for work performed for the CDC during any travel time. June 16, 2009 Page 1 of 9 Between City of National City Agreement for Legal Services and Sohagi Law Group E. The CDC further agrees to reimburse the Firm, in accordance with the procedures set forth in this Article, for telephone, fax, mail, messengers, federal express deliveries, document reproduction, client -requested clerical overtime, lodging, and similar out-of-pocket expenses charged by the Firm as a standard practice to its clients generally, with the exception of travel and meals. In any billing for disbursements, the Finn shall provide the CDC with a statement breaking down the amounts by category of expense. The following items shall not he reimbursed, unless the CDC has specifically agreed otherwise: (1) Word Processing, clerical or secretarial charges, whether expressed as a dollar disbursement or time charge. (2) Storage of open or closed files, rent, electricity, local telephone, postage, receipts or transmission of telecopier documents, or any other items traditionally associated with overhead. (3) Photocopy charges in excess of $.10 (ten cents) per page whether in-house or through an outside vendor. (4) Auto mileage rates in excess of the rate approved by the Internal Revenue Service for income tax purposes. (5) Secretarial overtime. Where case requirements demand overtime, the CDC will consider reimbursement on a case -by -case basis. The CDC will not reimburse overtime incurred for the convenience of the Firm's failure to meet deadlines known in advance. (6) Equipment, books, periodicals, research materials, Westlaw/Lexis or like items. (7) Express charges, overnight mail charges, messenger services or the like, without the CDC's prior consent. The CDC expects these expenses to be incurred in emergency situations only. Where case necessity requires the use of these services, the CDC will consider reimbursement on a case -by -case basis. (8) Travel and meals. (9) Late payment charge and/or interest. Due to the nature of the CDC's payment process, the CDC will not pay any late charges or interest charges to bills. Every effort will be made to pay bills promptly. F. Bills from the Firm should he submitted to George Eiser, City Attorney, 1243 National City Boulevard, National City, CA 91950-4301. The individual time and disbursement records customarily maintained by the Firm for billing evaluation and review purposes shall be made available to the CDC in support of bills rendered by the Firm. June 16, 2009 Page 2 of 9 Between City of National City Agreement for Legal Services and Sohagi Law Group G. The Firm agrees to forward to the CDC a statement of account for each one -month period of services under this Agreement, and the CDC agrees to compensate the Firm on this basis. The Firm will consult monthly with the CDC as to the number of attorney hours and client disbursements which have been incurred to date under this Agreement, and as to future expected levels of hours and disbursements. H. Billing Format. Each billing entry must be complete, discrete and appropriate. (1) Complete (a) Each entry must name the person(s) involved. For instance, telephone calls must include the names of all participants. (b) The date the work was performed must he included. (c) The hours should be billed in .10 hour increments. (d) The specific task performed should be described, and the related work product should be reference ("telephone call re: trial brief," "interview in preparation for deposition"). (e) The professional capacity (partner, associate, paralegal, etc.) of the person(s) performing services should be included. (f) All invoices should reference a Project Name and, where available, a Project Number as provided by the CDC (2) Discrete: Each task must be set out as a discrete billing entry; neither narrative nor block billing is acceptable. (3) Appropriate: The CDC does not pay for clerical support, administrative costs, overhead costs, outside expenses or excessive expenses. For example, the CDC will not pay for secretarial time, word processing time, air conditioning, rental of equipment, including computers, meals served at meetings, postage, online research, or the overhead costs of sending or receiving faxes. I. Staffing. Every legal matter should have a primarily responsible attorney and a paralegal assigned. Ultimately, staffing is a CDC decision, and the CDC's representative may review staffing to insure that it is optimal to achieve the goals of the engagement at the least cost. (1) Paralegals are to be used to the maximum extent possible to enhance efficiency and cost-effectiveness. (2) Once an attorney is given primary responsibility for an engagement, that person should continue on the legal matter until the matter is concluded or the attorney leaves the firm. The CDC will not pay the costs of bringing a new attorney up to speed. June 16, 2009 Page 3 of 9 13etween City of National City Agreement for Legal Services and Sohagi Law Group (3) If more than one attorney is going to perform the same task, prior approval from the CDC must be had. This includes document review. Article 4. Independent Contractor. The Firm shall perform services as an independent contractor. It is understood that this contract is for unique professional services. Accordingly, the duties specified in this Agreement may not be assigned or delegated by the Firm without prior written consent of the CDC. Retention of the Firm is based on the particular professional expertise of the individuals rendering the services required in the Scope of Services. Article 5. Confidentiality of Work. All work performed by the Firm including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the Firm pursuant to this Agreement is for the sole use of the CDC. All such work product shall be confidential and not released to any third party without the prior written consent of the CDC. Article 6. Compliance with Controlling Law. The Firm shall comply with all applicable laws, ordinances, regulations, and policies of the federal, state, and local governments as they pertain to this Agreement. In addition, the Firm shall comply immediately with any and all directives issued by the CDC or its authorized representatives under authority of any laws statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement. Article 7. 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 Firm and the CDC cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the Firm in this Agreement, the CDC or the Firm shall give to the other written notice. Within ten (10) business days, the Firm 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 Firm. Article 8. Indemnification. The Firm agrees to indemnify and hold the CDC and its agents, officers, and employees harmless from and against all claims asserted or liability established for damages or injuries to any person or property, including injury to the Firm's employees, agents, or officers, which arise from or are connected with or caused or claimed to be caused by the acts or omissions of the Firm and its agents, officers, or employees in performing the work or other obligations under this Agreement, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CDC, its agents, officers, or employees. June 16, 2009 Page 4 of 9 Between City of National City Agreement for Legal Services and Sohagi Law Group Article 9. Insurance. The Firm shall not commence work under this Agreement until it has obtained all insurance required in this Article with a company or companies acceptable to the CDC. At its sole cost and expense, the Firm shall take and maintain in full force and effect at all times during the term of this Agreement the following policies of insurance: A. Commercial general liability insurance with a combined single limit of not less than one million dollars ($1,000,000). B. For all of the Firm's employees which are subject to this Agreement, to the extent required by the State of California, Workers' Compensation Insurance in the amount required by law. C. Errors and omissions insurance in an amount not less than two million dollars ($2,000,000) per claim. D. All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California. The policies carried pursuant to paragraph 9.A above shall name as additional insureds the CDC and its Board officials, officers, employees, agents, and representatives. All policies shall contain language, to the extent obtainable, to the effect that: (l) the insurer waives the right of subrogation against the CDC and its elected officials, officers, employees, agents, and representatives; (2) the policies are primary and not contributing with any insurance that may be carried by the CDC; (3) the policies cannot be cancelled or materially changed except after thirty (30) days' notice by the insurer to the CDC by certified mail. Before this Agreement shall take effect, the Firm shall furnish the CDC with copies of all such policies upon receipt of them, or a certificate evidencing such insurance. The Firm may effect for its own account insurance not required under this Agreement. Article 10. Drug Free Work Place. The Firm agrees to comply with the City of National City's Drug -Free Workplace requirements. Every person awarded a contract by the CDC for the provision of services shall certify to the CDC that it will provide a drug -free workplace. Any subcontract entered into by the Firm pursuant to this Agreement shall contain this provision. Article 11. Non -Discrimination Provisions. The Finn shall not discriminate against any subcontractor, vendor, 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 Firm 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 Firm agrees to post in conspicuous places available to employees and applicants for June 16, 2009 Page 5 of 9 Between City of National City Agreement for Legal Services and Sohagi Law Group employment any notices provided by the CDC setting forth the provisions of this non- discrimination clause. Article 12. Effective Date and Term. The term of this Agreement shall commence on June 17,2009, and terminate on December 31,2011, unless sooner terminated as provided for herein. This Agreement may be terminated at any time by either party with sixty (60) days' written notice to the other. Notice of termination by the Firm shall be given to the CDC's Legal Counsel. Article 13. Notification of Change in Form. The Finn has the right to effect changes in form including but not limited to: the change in form from a partnership to a professional law corporation; the change in form of any partner or partners from an individual or individuals to a professional law corporation; the change in form of any corporate partner or partners to any individual partners. The CDC shall be promptly notified in writing of any change in form. Article 14. Notices. In all cases where written notice is to be given under this Agreement, service shall be deemed sufficient if said notice is deposited in the United States mail, postage paid. When so given, such notice shall be effective from the date of mailing of the notice. Unless otherwise provided by notice in writing from the respective parties, notice to the Agency shall be addressed to: George H. Eiser, 111 City Attorney Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 cc: Brad Raulston Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 Notice to the Firm shall be addressed to: Margaret Sohagi The Sohagi Law Group, PLC 10880 Wilshire Boulevard, Suite 900A Los Angeles, CA 90024 Nothing contained in this Agreement shall preclude or render inoperative service or such notice in the manner provided by law. June 16, 2009 Page 6 of 9 Between City of National City Agreement for Legal Services and Sohagi Law Group Article 15. Headings. All article headings are for convenience only and shall not affect the construction or interpretation of this Agreement. Article 16. Miscellaneous Provisions. A. Time of Essence: Time is of the essence for each provision of this Agreement. B. California Law: This Agreement shall be construed and interpreted in accordance with the laws of the State of California. The Firm covenants and agrees to submit to the personal jurisdiction of any state court in the State of California for any dispute, claim, or matter arising out of or related to this Agreement. C. Integrated Agreement: This Agreement including attachments and/or exhibits contains all of the agreements of the parties and all prior negotiations and agreements are merged in this Agreement. This Agreement cannot he amended or modified except by written agreement, and mutually agreed upon by the CDC and the Firm. D. Severability: The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal. E. Waiver: The failure of the CDC to enforce a particular condition or provision of this Agreement shall not constitute a waiver of that condition or provision or its enforceability. F. Conflict of Interest: During the term of this Agreement, the Firm shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CDC. This prohibition shall not preclude the CDC from expressly agreeing to a waiver of a potential conflict of interest under certain circumstances. G. 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. II. 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, and (iii) 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. June 16, 2009 Page 7 of 9 Between City of National City Agreement for Legal Services and Sohagi Law Group IN WITNESS WHEREOF, the parties have executed this Amended Agreement on the 16th day of June, 2009. COMMUNTI'Y DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY THE SOHAGI LAW GROUP. PLC (Corpora ion - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship - one signature) By: By: -- Ron Morrison, Chairman Margaret Sohagi, President APPROVED AS TO FORM: George H. Eiser, III City Attorney By: Margaret Sohagi, Secretary June 16, 2009 Page 8 of 9 Between City of National City Agreement for Legal Services and Sohagi Law Group Exhibit "A" THE SOIIAGI LAW GROUP, PLC HOURLY RATES For National City Client shall pay ATTORNEY the fees and necessary expenses calculated in accordance with the hourly rates and expense method of billing identified below. Fees and expenses are to be charged as set forth below. MARGARET MOORE SOIIAGI will act as the principal contact. She will be responsible for coordinating all matters pertaining to the matter as well as all billing, staffing needs, and regular reports. Hourly rates are as follows: Margaret Moore Sohagi: Principal $275 Philip A. Seymour: Of Counsel $275 Helene V. Smookler: Of Counsel $275 Anne C. Lynch Of Counsel $275 Nicole G. Hoeksma: Associate $275 Jeanette E. Dennis: Associate $275 R. Tyson Sohagi Associate $275 Cheron McAleece Paralegal $150 Anthony P. Kay Paralegal $150 The Firm provides legal services on an hourly rate plus expenses. Our fees are reviewed annually and may be adjusted yearly. In addition to the Firm's hourly fees, we bill for customary out-of-pocket expenses including, but not limited to, photocopying, messenger, Federal Express or other overnight serve, and attorney service charges. Any cost item provided by an outside vendor is billed at actual cost. The Firm provides monthly statements itemizing our work and expenses for that month. Payments are to he made within thirty (30) days of receipt of invoice. June 16, 2009 Page 9 of 9 Between City of National City Agreement for Legal Services and Sohagi Law Group Exhibit "A" THE SOI-IAGI LAW GROUP, PLC HOURLY RATES For National City Client shall pay ATTORNEY the fees and necessary expenses calculated in accordance with the hourly rates and expense method of billing identified below. Fees and expenses are to be charged as set forth below. MARGARET MOORE SOHAGI will act as the principal contact. She will be responsible for coordinating all matters pertaining to the matter as well as all billing, staffing needs, and regular reports. Hourly rates are as follows: Margaret Moore Sohagi: Principal $275 Philip A. Seymour: Of Counsel $275 Helene V. Smookler: Of Counsel $275 Anne C. Lynch Of Counsel $275 Nicole G. Hocksma: Associate $275 Jeanette E. Dennis: Associate $275 R. Tyson Sohagi Associate $275 Cheron McAleece Paralegal $150 Anthony P. Kay Paralegal $150 The Firm provides legal services on an hourly rate plus expenses. Our fees are reviewed annually and may be adjusted yearly. In addition, to the Firm's hourly fees, we bill for customary out-of-pocket expenses including, but not limited to, photocopying, messenger, Federal Express or other overnight serve, and attorney service charges. Any cost item provided by an outside vendor is billed at actual cost. The Firm provides monthly statements itemizing our work and expenses for that month. Payments arc to be made within thirty (30) days of receipt of invoice. June 16, 2009 Page 9 of 9 Between City of National City Agreement for Legal Services and Sohagi Law Group City of National City, California COUNCIL AGENDA STATEMENT ``%1EETING DATE June 16, 2009 AGENDA ITEM NO. 15 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE CITY OF NATIONAL CITY REGARDING THE FY08 URBAN AREASECURITY INITIATIVE (UASI) GRANT FUNDING PREPARED BY Walter Amedee Wiiry DEPARTMENT Fir Homeland Security Manag er EXPLANATION (./ This agreement documents roles, responsibilities, and expectations at the local, state, and federal levels and ensures that the City of National City, as a participant in the program, agrees to meet state and federal requirements. The UASI grant provides funding for equipment and training needed to respond to natural or man-made disasters or terrorism incidents that may occur in the San Diego urban area. Environmental Review Ni N/A Financial Statement No impact. Approved By. I _,A.,,�`�� inance Director Account No. STAFF RECOMMENDATION Staff recommends authorizing the Mayor to execute the Memorandum of Understanding (MOU) between the City of San Diego Office of Homeland Security and the City of National City regarding the FY08 Urban Area Security Initiative (UASI) grant funding. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. ``". 1. MOU between the City of San Diego Office of Homeland Security and the City of National City 2. Resolution A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE CITY OF NATIONAL CITY REGARDING THE FISCAL YEAR 2008 URBAN AREA SECURITY INITIATIVE GRANT PROGRAM WHEREAS, the Urban Area Security Initiative ("UASI") grant program provides funding for equipment needed to respond to natural disasters or weapons of mass destruction terrorism incidents that may occur in the San Diego urban area; and WHEREAS, the City of National City is required to execute a Memorandum of Understanding with the City of San Diego Office of Homeland Security that documents the roles, responsibilities, and expectations at the local, State, and federal levels, and ensures that the City of National City, as a participant in the program, agrees to meet the State and federal requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Memorandum of Understanding with the City of San Diego Office of Homeland Security regarding Urban Area Security Initiative grant funding. Said Memorandum of Understanding is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of June, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney MEMORANDUM OF UNDERSTANDING BETWEEN TIIE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE CITY OF NATIONAL CITY REGARDING FY08 URBAN AREA SECURITY INITIATIVE (UASI) GRANT FUNDING THIS MEMORANDUM OF UNDERSTANDING (MOU) is effective June 16, 2009, between THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY (the "City") and THE CITY OF NATIONAL CITY (the "Participating Agency") under the following terms and conditions: 1. The Participating Agency agrees to comply with the Grant Assurances for Urban Area Security Initiative (Attachment A). 2. The Participating Agency agrees to submit a Reimbursement Request Form (Attachment B) by the 10th day of each month to request reimbursement for costs incurred in accordance with the UASI grant program guidelines. 3. The Participating Agency agrees to submit at the time of signing of this MOU, and on October 1 of each year thereafter, a verified confirmation of its public safety personnel by category and within the definitions provided in item 3.1 below for each of those categories (Attachment C). Public safety personnel shall only be counted in one category and one job classification even if they have multiple disciplines, such as Fire Fighter and Paramedic. The required listing of public safety personnel shall be by job classification from personnel, payroll and/or budgetary records by category in the format below. 3.1 Public safety personnel categories and definitions shall be as follows (civilian personnel shall not be counted): Fire Services (FS) - Personnel at the urban area jurisdiction level who are in personnel classifications which provide services as first responders and meet the Hazmat First Responder Operations level requirements of the Code of Federal Regulations (CFR) 291910.120 Section Q and Title 8 California Code of Regulations (CCR) Section 5192. Law Enforcement (LE) — Personnel, in accordance with the provisions of California Penal Code Sections 830-832.16, who work for agencies at the local and municipal level with responsibility as sworn law enforcement officers. Emergency Medical Services (EMS) — Personnel and contractors who, on a full-time or part-time basis serve as first responders, Emergency Medical Technician (EMT) I, II or Paramedic on grround-based and aero- medical services to provide pre -hospital care, through ambulance service, rescue squad, or medical engine company. Personnel must meet the requirements set forth in the California Code of Regulations Title 22. 1 Memorandum of Understanding - Urban Area Security initiative Grant hunding Social Security, Division 9. Pre -hospital Emergency Medical Services Chapter 2, 3 or 4. I-IazMat (IIZ) — Personnel, full-time or part-time, who identify, characterize, or provide risk assessment, and mitigate/control the release of a hazardous substance or potentially hazardous substance as Hazardous Materials Specialists or Technicians and members of the Hazardous Incident Response Team. 4. The Participating Agency agrees to maintain all documentation supporting all expenditures reimbursed from grant funds, and ensure all expenditures are allowable under grant requirements. Recipients that expend $500,000 or more of federal funds during their respective fiscal year agree to submit an organization - wide financial and compliance audit report. The audit shall be performed in accordance with the U. S. General Accounting Office Government Auditing Standards and OMB Circular A-133 (Federal Grantor Agency: U. S. Department of Homeland Security; Pass -Through Agency: Office of Homeland Security; Program Title: Public Assistance Grants; Federal CFDA Number: 97.008). The records shall be maintained and retained in accordance with UASI grant requirements and shall be available for audit and inspection by the City and designated grant agent personnel. 5. The Participating Agency agrees that all its expenditures shall be in accordance with the pre -approved expenditure details as submitted to the City and approved by the State of California Office of Homeland Security (CA -OHS) and the U.S. Department of Homeland Security Office of Domestic Preparedness (ODP). Any deviations from the pre -approved list shall be submitted to the City for approval before making such expenditures. 6. The Participating Agency agrees to defend, indemnify, and hold harmless the City, its agents, officers, and employees, from and against all liability arising out of the Participating Agency's acts or omissions under this MOU. 7. The City agrees to defend, indemnify, and hold harmless the Participating Agency, its agents, officers, and employees, from and against all liability arising out of the City's acts or omissions under this MOU. 2 Memorandum of Understanding - Urban Area Security Initiative Grant Funding IN WITNESS WHEREOF, this Memorandum of Understanding is entered into by the City of San Diego Office of Homeland Security and the City of National City, by and through their authorized representatives. CITY OF SAN DIEGO By: Title: CITY OF NATIONAL CITY By: Ron Morrison Title: Mayor I HEREBY APPROVE the form and legality of the foregoing Memorandum of Understanding this 16th day of June, 2009. JAN GOLDSMITH, City Attorney By: Deputy City Attorney 3 ATTACHMENT A Office of Homeland Security FY08 Grant Assurances (All IISGP Applicants) NamcofApplicant: City of National City Address: 1200 National City Blvd. City: National City State: CA Zip Code: 91950 Telephone Number: 619) 3 3 6 4 556 Fax Number: (619) 3 3 6- 4 4 5 4 E-Mail Address: WAmedee@nationalcityca.gov As the duly authorized representative of the applicant, I certify that the applicant named above: 1. Has the legal authority to accept federal assistance, and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the federal Department of Homeland Security and sub -granted through the State of California, Governor's Office of Homeland Security (OHS). 2. Will assure that grant funds are only used for allowable, fair, and reasonable costs and is prohibited from transferring funds between programs (State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System). 3. Will give the federal government, the General Accounting Office, the Comptroller General of the United States, the State of California, through any authorized representative, access to and the right to examine all paper or electronic records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or awarding agency directives. 4. Agrees that funds utilized to establish or enhance state and local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines and achievement of a baseline level of capability as defined by the Fusion Capability Planning Tool. 5. Will provide progress reports and such other information as may be required by the awarding agency as requested. 6. Will initiate and complete the work within the applicable time frame after receipt of approval from OI1S. 7. Will comply with FEMA's codified regulation 44 Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, including part 13.1 regarding the payment of interest earned on advances. Page 1 Initials ATTACHMENT A 8. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business or other ties. 9. Agrees that to the extent contractors or subcontractors are utilized, grantees and subgrantees shall use small, minority, women -owned, or disadvantaged business concerns and contractors or subcontractors to the extent practicable. 10. Will comply with 2 CFR 215.25, and will notify OHS of any developments that have a significant impact on award -supported activities, including changes to key program staff. 11. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 12. Understands and agrees Federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval from FEMA. 13. Will comply with all federal statues relating to Civil Rights and Nondiscrimination. These include but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits discrimination on the basis of race, color or national origin. b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and 1685-1686), which prohibits discrimination on the basis of gender. c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibits discrimination on the basis of handicaps. d. The Agc Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which prohibits discrimination on the basis of age. e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255) as amended, relating to nondiscrimination on the basis of drug abuse. f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records. h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing. i. Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G. j. Title 28, CFR, Part 35. k. Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made, and I. Title 44 CFR Parts 7, 16, and 19 relating to nondiscrimination. m. The requirements on any other nondiscrimination statute(s) which may apply to the application. n. Will, in the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, gender, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. Page 2 Initials ATTACHMENT A o. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. p. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provision of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1. 14. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. (P.L. 91-646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interested in real property acquired for project purposes regardless of federal participation in purchases. Will also comply with Title 44 Code of Federal Regulations, Part 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and federally -assisted programs. 15. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 (ten thousand dollars) or more. 16. Will comply with all applicable Federal, State, and local environmental and historical preservation (EHP) requirements. Failure to meet Federal, State, and local EHP requirements and obtain applicable permits may jeopardize Federal funding. Will comply with all conditions placed on any project as the result of the EHP review; any change to the scope of work of a project will require re-evaluation of compliance with these EHP requirements. 17. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of FEMA/OHS, including but not limited to communications towers, physical security enhancements, new construction and modifications to buildings that are 50 (fifty) years old or more. Any construction related activities initiated prior to full environmental and historic preservation (EHP) review will result in a non-compliance finding. If ground disturbing activities occur during the project implementation, the recipient must ensure monitoring of the ground disturbance and if any potential archeological resources are discovered, the recipient will immediately cease activity in that area and notify OHS/FEMA and the appropriate State Historic Preservation Office. 18. Will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities, and will notify OHS and the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 19. Will provide any information requested by FEMA/OHS to insure compliance with applicable laws including the following: a. Institution of environmental quality control measures under the National Environmental Policy Act, National Historical Preservation Act, Archaeological and Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains Page 3 Initials ATTACHMENT A (EO11988), Wetlands (11990) and Environmental Justice (12898) and Environmental Quality (EOI 1514). b. Title 44 CFR Parts 9 and 10, referencing floodplain management and environmental considerations. c. Notification of violating facilities pursuant to EO 11738. d. Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.). e. Conformity of federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.). f. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523). g. California Environmental Quality Act (CEQA). California Public Resources Code Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section 15000-15007. h. Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to protecting components or potential components of the national wild and scenic rivers system. i Applicable provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. j. Will comply with all conditions placed on any project as the result of the EIIP review; any change to the scope of work of a project will require re-evaluation of compliance with these EI-IP requirements. k. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of FEMA/OHS, including but not limited to communications towers, physical security enhancements, new construction and modifications to buildings that are 50 (fifty) years old or more. 20. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447 and 2448. 21. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department of Homeland Security. "The recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." 22. Has requested through the State of California, federal financial assistance to be used to perform eligible work approved in the submitted application for federal assistance and after the receipt of federal financial assistance, through the State of California, agree to the following: a. Promptly return to the State of California all the funds received which exceed the approved, actual expenditures as accepted by the federal or state government. b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per federal fiscal year. Page 4 Initials ATTACHMENT A 23. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 24. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 25. Will comply, if applicable, with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 26. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 27. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 28. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a to 276a-7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for federally assisted construction sub -agreements. 29. Agrees that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement. If any other funds than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a Member of Congress in connection with the federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 30. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the b. c. d. Page 5 Initials ATTACHMENT A various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant, and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. 31 Agrees that funds awarded under this grant will be used to supplement existing funds for program activities, and will not supplant (replace) non-federal funds. 32. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-21, A-87, A102, A-110, A-122, and A-133, E.O. 12372 and the current Administrative Requirements, Cost Principles, and Audit Requirements. Will also comply with Title 28, Code of Federal Regulations, Parts 66 and 70, that govern the application, acceptance and use of Federal funds for federally assisted projects. 33. Will comply with provisions of 28 CFR applicable to grants and cooperative agreements, Including: a. Part 18, Administrative Review Procedures. b. Part 20, Criminal Justice Information Systems. c. Part 22, Confidentiality of Identifiable Research and Statistical Information. d. Part 23, Criminal Intelligence Systems Operating Policies. e. Part 30, Intergovernmental Review of Department of Justice Programs and Activities. f. Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services. g. Part 38, Equal Treatment of Faith -based Organizations. h. Part 63, Floodplain Management and Wetland Protection Procedures. i. Part 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures. j. Part 61, Procedures for Implementing the National Environmental Policy Act. k. Part 64, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 1. Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. m. Part 67, Government -Wide Debarment and Suspension (Non -Procurement). n. Part 69, New Restrictions on Lobbying. o. Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub -awards) with Institutions of Higher Learning, Hospitals and other Non - Profit Organizations. p. Part 83, Government -Wide Requirements for a Drug Free Workplace (grants). 34. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 35. Agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. 36. Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds. Page 6 Initials ATTACHMENT A 37. Will comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide and the current US Department of Homeland Security (DIIS) Financial Management Guide. 38. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2008 Homeland Security Grant Program Guidance and Application Kit, and the California Supplement to the FY 2008 Homeland Security Grant Program Guidance and Application Kit. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the State and/or Urban Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY2008 Homeland Security Grant Program application. Further, use of FY08 funds is limited to those investments included in the California FY08 Investment Justifications submitted to DHS/FEMA and evaluated through the peer review process. 39. Acknowledges that FEMA reserves a royalty -free, non exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a) the copyright in any work developed under an award or sub -award; and b) any rights of copyright to which a recipient or sub -recipient purchases ownership with Federal support. the recipient agrees to consult with GPD regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 40. Will not make any award or permit any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension." 41. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 a. The applicant certifies that it and its principals: (i) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. (ii) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (iii) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terniinated for cause or default; and Page 7 Initials ATTACHMENT A b. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 42. Agrees to comply with the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 and certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. (b) Establishing an on -going drug -free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace. (2) The grantee's policy of maintaining a drug -free workplace. (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a). (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted. (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or Page 8 Initials ATTACHMENT A (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). 43. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 44. Understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. The undersigned represents that he/she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Authorized Agent: Printed Name of Authorized Agent: Walter Amedee Homeland Security Manager Title: Date: Page 9 Initials Governor's Office of Homeland Security FY08 Urban Area Security Grant Grant: FY08 UASI Grant #2008-0006 FIPS #073-66000 CFDA #97.008 Supporting Information for Cash Request Cash Request Requesting reimbursement in the amount of S-- Under Penalty of Perjury I certifiy that: • I am the duly authorized officer of the claimant herein • This claim is in all respects true. correct, and all expenditures were made in accordance with applicable laws, rules, regulations and grant conditions and assurances ! hi•::luuu i� for mcui rrd «ithm thr ;;laud prrtorni;inre prri��d Printed Name: Phone Number: Title: Email Address: Mailing Address: Fax Number: Signature Date: Mail Reimbursement Requests to: City of San Diego Office of Homeland Security Grants Management Section 1250 6th Avenue, Ste 1000A San Diego, CA 92101 ATTACHMENT B Attachment C CERTIFICATION OF PUBLIC SAFETY PERSONNEL BY CATEGORY FY 08 UASI Date: June 16, 2009 Agency: City of National City Authorized Agent Name: Walter Arnedec Authorized Agent Signature: Public safety personnel shall only be counted in one category, as defined in the Memorandum of Understanding between the City of San Diego and the participating agency, and one job classification even if they have multiple disciplines, such as Fire Fighter and Paramedic. The required listing of public safety personnel shall be by job classification from personnel, payroll and/or budgetary records. For classifications not listed, please use the additional lines within each category. ..* .' ,Y 0 ... .ag 1 :1� r G nv ��• s�x PARAMEDIC 12 TOTAL 12 4 s . iy 34 .+i �t •'S r {� P� '* k' t .. .. ..., R.°}:J .'� _�k ar® 0o.�� R `5 FIRE FIGHTER 19 FIRE ENGINEER 9 FIRE CAPTAIN 9 FIRE BATTALION CHIEF 4 FIRE CHIEF 1 DEPUTY FIRE MARSHAL 1 TOTAL gg 43 }. .cr q H eu� } r y i .. Y �. P:pp ,yy.fir �e ope4yj rf`d: «� it^ y t$•$'''"5 ��, ai�• .�3'�' h 4� M' P' i °i.i q O l�'�} 14dY' �itl \ '. ik1tYli AA LLr � ����'1R8?�T+'t�iC°....1:.4�GiF::.ti�."v�s POLICE OFFICER 50 POLICE CORPORAL 21 POLICE SERGEANT 13 POLICE LIEUTENANT 6 ASSISTANT POLICE CHIEF 1 POLICE CHIEF 1 TOTAL 92 City of National City, California CITY COUNCIL AGENDA STATEMENT 1""*MEETING DATE June 16, 2009 AGENDA ITEM NO. 16 ITEM TITLE 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 $51,000 WITH GROSSMAN PSYCHOLOGICAL ASSOCIATES APC, TO PROVIDE PRE -PLACEMENT EVALUATIONS, PRE -EMPLOYMENT EXAMS, AN OFFICER ASSISTANCE PROGRAM, CRITICAL INCIDENT DEBRIEFING, AND FITNESS FOR DY EVALUATIONS FOR THE POLICE DEPARTMENT PREPARED BY Robert A. Rounds, Sergeant (ext. 4508) DEPARTMENT Police EXPLANATION According to Califomia Peace Officer Standards and Training (POST) guidelines, police officers applicants must be judged to be free from job -relevant psychopathology, including personality disorders, by a licensed psychologist before being hired. In order to meet this requirement, the police department requires qualified applicants to submit to a Pre -Placement Evaluations and Pre - Employment Examination. Historically, the police department has utilized the services of Dr. Grossman to administer Pre -Placement Evaluations and Pre -Employment Examinations to police officer and police dispatcher applicants. This agreement is for the not -to exceed amount of $51,000.00, from July 1, 2009 through June 30, 2009, and provided that the parties may mutually agree to extend this Agreement on the same terms and conditions for three additional one-year terms. The Police Department has a department policy regarding both the mandatory and voluntary use of an Employee Assistance Program. The department requires employees meet with a psychologist if certain situations arise. The department must have a contract in place with a qualified physiologist to provide such services. According to department operating procedure #044, an employee must meet with a psychologist if he/she is involved in a duty related shooting, aggravated assault resulting in serious injury, duty related traffic collisions involving fatal injuries to another person, or upon the recommendations of his/her command if the employee's behavior warrants such action (Fitness for Duty Evaluations). The department also utilizes a psychologist to assist with critical incident de -briefing for other department employees affected by a critical incident such as an officer involved shooting, death 'tour, of an officer, death of a suspect in custody, etc....1n addition, department operating procedures gives employees an opportunity to voluntarily meet with a psychologist for matters affecting their job performance. Nqu.r Environmental Review 4 N/A Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Agreement Proposed resolution A-200 (9/99) A200 Grossman Agreement Page 2 The Police Department has utilized the services of Dr. Ira Grossman for over two decades. Dr. Grossman has been responsive to the Police Department's needs and makes himself available to command staff and officers/professional staff members at any time day or night as needed. 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 $51,000 WITH GROSSMAN PSYCHOLOGICAL ASSOCIATES, APC, TO PROVIDE PRE -PLACEMENT EVALUATIONS, PRE -EMPLOYMENT EXAMS, AN OFFICER ASSISTANCE PROGRAM, CRITICAL INCIDENT DEBRIEFINGS, AND FITNESS FOR DUTY EVALUATIONS FOR THE POLICE DEPARTMENT WHEREAS, the National City Police Department desires to employ a consultant to provide pre -placement evaluations, pre -employment exams, an officer assistance program, critical incident debriefings, and fitness for duty evaluations; and WHEREAS, the City has determined that Dr. Ira Grossman of Grossman Psychological Associates, APC, is a licensed psychologist that has specialized in police psychology since 1982, and is qualified by experience and ability to perform the services desired by the City, and Grossman Psychological Associates, APC, is willing to perform such services for the not -to -exceed amount of $51,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement in the not -to -exceed amount of $51,000 with Grossman Psychological Associates, APC, to provide pre -placement evaluations, pre -employment exams, an officer assistance program, critical incident debriefings, and fitness for duty evaluations. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of June, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney AGREEMENT • BY AND BETWEEN THE CITY OF NATIONAL CITY AND GROSSMAN PSYCHOLOGICAL ASSOCIATES, APC 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 GROSSMAN PSYCHOLOGICAL ASSOCIATES, a professional corporation (the "CONSULTANT") RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide Pre - Placement Suitability Evaluation, Pre -Employment Psychological Examination, an Officer Assistance Program, Critical Incident Debriefing, and Fitness for Duty Evaluations for the National City Police Department. WIIEREAS, the CITY has determined that the CONSULTANT is a licensed psychologist that has specialized in police psychology since 1982, 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, TIIEREFORE, 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 CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of % from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Lt. Jose Tellez 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. I)r. Ira Grossman 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 $51,000 (the Base amount) without prior written authorization from the City Council. 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 tcrm 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 is July 1, 2008 through June 30, 2009, provided that the parties may mutually agree to extend this Agreement on the same terms and conditions for three additional one-year terms. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. Documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT 2 City's Standard Agreement -2009 revision l Formatted: Font: Not Bold j Niro Niro 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 City's Standard Agreement -2009 revision of its SIJBCONSULTANT(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 be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 4 Cily's Standard Agreement —2009 revision 14. CONFIDENT'IAL INFORMATION. The CITY may from time to time conununicatc 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, Toss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the 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 Califomia Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its 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 ® A. If checked, Professional Liability insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. 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. Said policy shall name the City of National City and its officers, agents and employees as additional insureds, and separate additional insured endorsement shall be provided. C. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. 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. D. 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. E. 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. F. 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. G. 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 C1TY'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. H. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. 6 City's Standard Agreement —2009 revision 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. Attomey's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail 7 City's Standard Agreement -2009 revision (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 he directed to the following persons: To CITY: To CONSULTANT: Chief of Police National City Police Department 1243 National City Boulevard National City, CA 91950-4301 Dr. Ira Grossman Grossman Psychological Associates, APC Landmark Centre 4550 Kearney Villa Road, Suite 214 San Diego, CA 92123-1563 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 CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. . ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. 8 City's Standard Agreement -2009 revision Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto arc 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 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, 9 City's Standard Agreement —2009 revision and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: GROSSMAN PSYCHOLOGICAL ASSOCIATES, APC (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship - one signature) By: Ira Grossman, PHD President By: (Name) George H. Eiser, III City Attorney (Print) 10 (Title) City's Standard Agreement —2009 revision •.. Account Number: CA GROS 4550 Date: 1/22/09 Initials: KB ...CERTIFICATE OF INS URANCE PLATTE RIVER INSURANCE COMPANY C/O: American Professional Agency, Inc. 95 Broadway, Amityville, NY 11701 800-421-6694 This is to certify that the insurance policies specified below have been issued by the company indicated above to the insured named herein and that, subject to their provisions and conditions, such policies afford the coverages indicated insofar as such coverages apply to the occupation or business of the Named insured(s) as stated. THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE(S) AFFORDED BY THE POLICY(IES) LISTED ON THIS CERTIFICATE. Name and Address of Insured: GROSSMAN PSYCHOLOGICAL ASSOCIATES, APC 4550 KEARNY VILLA RD. SUITE 214 SAN DIEGO CA 92123 • Type of Work Covered: PROFESSIONAL PSYCHOLOGIST Location of Operations: N/A Nitre — _ (If�ifferent. thaw ad ress_listed-abovpi- -.-- Claim History: Additional Named Insureds: IRA GROSSMAN, PH.D. Coverages Policy Number Effective Date Expiration Date Limits of Liability PROFESSIONAL/ LIABILITY 5010-5098 12/01/08 12/01/09 2,000,00.0 4,000,000 NOTICE OF CANCELLATION WILL ONLY BE GIVEN TO THE FIRST NAMED INSURED ON THIS POLICY AND HE OR SHE SHALL ACT ON BEHALF OF ALL INSUREDS WITH RESPECT TO GIVING OR RECEIVING NOTICE OF CANCELLATION. Comments: This Certificate Issued to: Name: GROSSMAN PSYCHOLOGICAL ASSOCIATES, APC Address: 4550 KEARNY VILLA RD. SUITE 214 SAN DIEGO CA 92123 u orized Representative IER City of National City (To be submitted only when there are no employees subject to Workers' Compensation) DECLARATION AND ADDENDUM TO ALL CONTRACTS AWARDED TO: GROSSMAN PSYCHOLOGICAL ASSOCIATES, APC For the purpose of inducing the City of National City to go forward with any contracts awarded to Grossman Psychological Associates, APC, I declare as follows: I, Dr. Ira Grossman, PhD , (title), am an independent contractor for the purposes of the California Workers' Compensation and Labor laws. I will hire no employees other than my parents, spouse, or children for work required for any bid or contract awarded to my company. All work required will be performed personally and solely by me, my parents, spouse, or children. If, however, I shall ever be required to hire employees or Subcontractors to perform this contract, I shall obtain Workers' Compensation Insurance and/or provide proof of Workers' Compensation Insurance coverage to the City of National City. This document constitutes a declaration by me against my financial interest, relative to any claims I should assert under the California Workers' Compensation and/or Labor laws against the City of National City relating to any bid or contract awarded to Grossman Psychological Associates, APC. I will defend, indemnify, and hold harmless the City of National City, its officers and employees, from any and all claims and liability, including Workers' Compensation claims and liability that may be asserted or established by any party in the event I hire an employee in violation of this addendum, and 1 will further indemnify the City of National City, its officers and employees, for all damages the City thereby suffers. I agree that these declarations shall constitute an addendum to any bid awarded to Grossman Psychological Associates, APC. Dated: 4/I3 , 2009. GROSSMAN PSYCHOLOGICAL ASSOCIATES, APC N Tti * Dr. Ira Grossman, PhD (Title) Nary Apr 15 09 12:31p p.2 CERTIFICATE OF INSURANCE This certifies that ❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ® STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois D STATE FARM FIRE AND CASUALTY COMPANY, Aurora, Ontario ❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida ❑ STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below: Policyholder RICHARD L. BOCCIGROSS MD A MEDICAL CORP & GROSSMAN PSYCHOLOGICAL ASSOC Address of policyholder 4550 K.EARNEY VILLA RD S"'E 214 SA,N DIEGO CA 92123 Location of operations SAME Description of operations BUSINESS --OFFICE The policies listed below have been issued to the policyholder for the poky periods shown. The insurance described in these policies is subject to all the terms, exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Date i Expiration Date LIMITS OF LIABILITY (at beginning of policy period) 90-51-42?1-4 This insurance includes: Comprehensive 01/09/2009 O1/09/2010 BODILY INJURY AND PROPERTY DAMAGE Each Occurrence $ 1, 000, Oc0 General Aggregate $ 2, 000, 000 Products-- Completed $ 2, 000, 000 Operations Aggregate ■ Personal Injury ❑ Advertising Injury 0 • • • EXCESS LIABILITY ■ Umbrella POLICY PERIOD Effective Date ; Expiration Date BODILY INJURY AND PROPERTY DAMAGE (Combined Single Limit) Each Occurrence $ Aggregate $ ' ❑ Other Workers' Compensation and Employers Liability POLICY PERIOD Effective Date Expiration Date Part I - Workers Compensation - Statutory Part II - Employers Liability Each Accident $ Disease - Each Employee $ Disease - Policy Limit $ POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Date ; Expiration Date LIMITS OF LIABILITY (at beginning of policy period) THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. Name and Address of Certificate Holder CITY OF NATIONAL CITY C/O CITY ATTORNEY'S OFFICE 1243 NATIONAL CITY B�VD NATIONAL CITY, CA 91950-4301 ' 58-994 a.6 Printed In U.S.A. Rev. 05-09-2006 If any of the described policies are canceled before their expiration date, State Farm wit try to mall a written notice to the certificate holder 30 days before cancellation. if however, we fail to mail such notice, no obligation or liabi hly wit be imposed on State Farm • r its a ents,repfesentativ s. Signature of Authorized Repre entative AGENT ' 04/09/2009 Date Title Agent Name Telephone Number Agent's Code Stamp Agent MARILYN BiLLINGSLEY, AGENT ATf fARH AFO�� ^ LIC.# 0656407 } , WEST LSTREET SAN327 DIEGO, CAEWIS 92f 03 OFF: (619) 296-6505 FAX: (619) 296-1863 May 19 09 12:08p p.3 Policy No.: 90-51-4271-4 SECTION II ADDITIONAL INSURED ENDORSEMENT Policy No.: 90-51-4271-4 Named Insured: BUCCIGROSS, RICHARD L MD A MEDICAL CORP & GROSSMAN PSYCHOLOGICAL ASSOC FE-6609 01; Additional Insured (include address): CITY OF NATIONAL CITY ITS OFFICERS AGENTS & EMPLOYEES 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950 WHO IS AN INSURED, under SECTION II DESIGNATION OF INSURED, is amended to include as an insured the Additional Insured shown above, but only to the extent that liability is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above. Any insurance provided to the Additional Insured shall only apply with respect to a claim made or a suit brought for damages for which you are provided coverage. The Primary Insurance coverage below applies only when there is an "X" in the box. ® Primary Insurance. The insurance provided to the Additional Insured shown above shall be primary insurance. Any insurance carried by the Additional Insured shall be noncontributory with respect to coverage provided to you. All other policy provisions apply. FE-6609 Printed in V.SA. May 19 09 12:08p p.4 FE-6671 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SCHEDULE Policy Number: 90-51-4271-4 Named Insured: BUCCIGROSS, RICHARD L MD A MEDICAL CORP & GROSSMAN PSYCHOLOGICAL ASSOC Name and Address of Person or Organization: CITY OF NATIONAL CITY ITS OFFICERS AGENTS & EMPLOYEES 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950 The following is added to Paragraph 10.b. of SECTION l AND SECTION 1I — COMMON CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of: a. Your ongoing operations; or b. Your work done under contract with that person or organization and included in the products - completed operations hazard. This waiver applies only to the person or organization shown in the Schedule. All other policy provisions apply. FE-6671 Copyright, Slate Farm Mutual Automobile Insurance Company, 2008 Includes copyrighted material of Insurance Services Office, Inc., with its permission. FE-6671 (04109) Printed in U.S.A. GROSSMAN PSYCHOLOGICAL ASSOCIATES, APC Police anti Emergency Serices Psychology Ira Crnssmaa. Ph.O.. ADPP PSY5C18 Dana 1. Crossrnan. Ph0.. ABPP PSYlIBD'. Scope of Services for National City Police Department Pre -Placement Suitability Evaluation This evaluation consists of three elements: The General Ability Measure for Adults (LAMA) Test California Psychological Inventory (434) Police and Public Safety Selection Report (CPI) Personal History Questionnaire (PHQ) This evaluation is provided prior to a conditional job offer and meets with both ADA and POST requirements for such. The report generated from the data provides the background investigator an ability to prioritize the order in which backgrounds can be scheduled as well as information so as to conduct a focused background investigation. Often it will save the department from conducting a full background investigation or, alternatively, predicting that a candidate's background investigation will likely be without significant problems. Pre-EmploymentPsy_chological Examination This evaluation consists of four elements: Personality Assessment inventory (PAI) Clinical interview Medical Personal History Questionnaire Review of the Pre -Placement Suitability Evaluation materials This examination is provided after a conditional job offer has been made to a job candidate. The evaluation is in conformance with POST and ADA criteria. The report provides a clear recommendation regarding hire of the candidate based upon psychological issues. Cost The City of National City shall pay to Dr. Grossman $250.00 per Pre -Placement Suitability Evaluation, and $250.00 per Pre -Employment Psychological Examination. Ira Grossman, Ph.D. 2009.06.01 18:09:59-07'00' Exhibit A 4550 Kearny Villa Road Ste 214 San 0iegu CA 92123-I503 Tel: (858) 5C0-0900 Fax: (858) 560-1260 Email: Iral bras sman. irtn Grossman Psychological Associates, APC Police and Emergency Services Psychology SCOPE OF SERVICE Fitness for Duty Evaluations Ira Grossman. Ph.D.. ABPP PSYSE18 Dana T. Grossman. Ph.D. ABPP PSYIIB04 Purpose: To provide to the National City Police Department Fitness for Duty Evaluations when so requested by the Chief of Police. The purpose of such evaluations will be to determine the psychological status of an employee and to provide a recommendation to the Department regarding the psychological status of the employee in regard to their ability to perform their job functions. Scope of Service: Fitness for Duty Evaluations will be performed when so requested by the Chief of Police with a referral question and information as to why the evaluation is being ordered. It should be noted that Fitness for Duty Evaluations will be declined should they be ordered for punitive reasons. The evaluation will consist of an appropriate psychological evaluation which may include both clinical interview and psychological testing. A report of findings will be sent to the Chief of Police and Dr. Grossman will make himself available by telephone and/or in person to further discuss findings. Cost: The city of National City shall pay to Dr. Grossman $750.00 per Fitness for Duty Evaluation. G........,, ?Lb. Ira Grossman, Ph.D. 2009.06.01 18:11:17-07'00' 4550 Kearny Vila Road Ste 214 San Diego CA 92123-1563 Tel: (858) 580-0900 Fax: (BID) 795-9993 Email: IralKrossman.info Grossman Psychological Associates, APC Police and Emergency Services Psychology SCOPE OF SERVICE Officer Assistance Program Ira Grossman, Ph.D.. A3PP PSY5318 Dana T. Grossman, Ph.].. ADPP PSYIIGD4 Purpose: To provide all members of the National City Police department (sworn and civilian) and their immediate family members or co -habitants with psychological assistance. Scope of Service: Each entitled member or family is afforded up to three sessions with Dr. Ira Grossman per year per problem. Please see attached brochure for further details. Cost: The city of National City shall pay to Dr. Grossman $1,737.50 per quarter, in advance of services delivered. Ira Grossman, Ph.D. 2009.06.01 18:11:51-07'00' 4550 Kearny Villa Road Ste 214 San Diego CA 92123-1563 Tel: (858) 560-0900 Fax: (G19) 795-9993 Finail: IraC.Gross man. info Grossman Psychological Associates, APC Police and Emergency Services Psychningy SCOPE OF SERVICE Critical Incident Debriefing Ira Grossman. Ph.D.. ABPP PSy5fi18 Dana 1. Grossman. Ph.0.. ADPP PS�'IIfiO4 Purpose: To provide all members of the National City Police department (sworn and civilian) with Critical Incident Debriefing in an effort to prevent Post Traumatic Stress Disorder from occurring as the result of a Critical Incident. Scope of Service: All employees of the National City Police Department are eligible for inclusion in this service. The service entails Dr. Grossman responding to the scene of a critical incident or to the police station when contacted by the Police Administration, including the Watch Commander on Duty and debriefing personnel identified by the Department who are thought to be impacted by a critical incident. Cost: The city of National City shall pay to Dr. Grossman $150 per hour, portal to portal for Critical Incident Debriefing services. Ira Grossman, Ph.D. 2009.06.01 18:12:11-07'00' 4550 Kearny Villa Road Ste 214 San Diego CA 92123.15E3 Tel: (858) 560-0900 Fax: (619) 795-9993 Email: Ira@Grossman.info CONAVEAWEL �EkriA' ? i' Z'7L c /e�A4 T� gi . CO f/Of �yTli ,CO A1.r�tt�N'iZV ortIDEN % V Toiviaarmi reAvflo CO �� / T�AI CONFIDENTIALITY All communication with Dr. Grossman when seen in the OAP and any associated records are strictly confidential. They are afforded the same protection as other medical records. They may be disclosed by personal waiver or as mandated by law. Some of the most important exceptions are: • Child abuse (physical or sexual) must be reported to Child Protective Services for investigation and elder abuse must also be reported. • Dr. Grossman, as a licensed mental health provider, has a duty to warn potential victims and law enforcement agencies if it is believed a person being consulted presents a serious threat of physical violence. • When the client is a danger to him/herself or others, steps will be taken to ensure safety. • Communication with a minor is not protected by law and parents have the legal right to be kept informed of a minor's treatment. • When the client has raised the issue of their mental or emotional condition in a legal proceeding (e.g. stress and other Workers' Compensation claims), records may ( ibpoenaed. ABOUT DR. GROSSMAN Dr. Grossman is a California licensed psychologist (PSY 5618) who has devoted himself to police psychology since 1982. He has consulted with over a dozen law enforcement agencies including San Diego, Orange County, and Imperial county municipal and Sheriffs Departments, the State Personnel Board, and Federal law enforcement agencies including the FBI, ICE (Customs and Border Patrol). He has served the National City Police Department since 1986. Dr. Grossman is Board Certified in Clinical Psychology by the American Board of Professional Psychology and serves as the Western Regional Board Member of that certifying agency. He serves as an Expert Consultant for the California Board of Psychology and Board of Registered Nursing. He has been a member of the San Diego Psychological Association's Ethics Committee. Dr. Ira Grossman Landmark Centre 4550 Kearny Villa Rd Suite 214 San Diego CA 92123 Voice: (858) 560-0900 E-mail: /raga Grossman. info Offker tance Pragram NATIONAL. CITY POLICE DEPARTME.NT 1200 National City Blvd National City CA 91950-4302 PRIVATE COUNSELING The demands of law enforcement can produce stress that can be managed though personal, marital, or family counseling. Benefits can usually be acquired within a short term, goal oriented framework. Additionally, stress can be caused by problems which affect your ability to cope with job pressure. Such personal problems, regardless of their nature and origin, may be addressed through this counseling service. COMMONLY ASKED QUESTIONS ABOUT THE OFFICER ASSISTANCE PROGRAM 1. Who is eligible to receive service? Any officer or dependent may call upon the services of the OAP. The service is also provided to other police department personnel and their dependents. Up to three sessions per year are offered to eligible members. Referral to health insurance carriers, community agencies, and private practice are made if additional treatment is desired. 2. Will the department, or any other member of the department, know that I have been seen in counseling? All services are strictly confidential and no report is made to the city of National City, The National City Police Department, any other individual or entity. 3. How much do I have to pay for Officer Assistance Program services? Nothing! You are not financially responsible for any services provided to you in this program. No deductable, no co -payment, and no insurance forms are required. Services are provided to you free of charge as a benefit of working for the National City Police Department. Services are provided by the city of National City. 4. How do I arrange to receive service? Call Dr. Grossman at (858) 560-0900 between 8:00 — 5:00 to arrange for an appointment. Alternatively you may e-mail him at Ira(a�Grossman.info. Emergency calls are accepted after normal working hours. SJ(T10LOG1CAl Clinical and Consulting Psychology April 22, 2008 Sgt. Robert Rounds Backgrounds National City Police Department 1200 National City Blvd National City CA 91950-4302 Dear Robert: Ira Grossman, Ph.D., ABPP PSY 5618 Dana T. Grossman, Ph.D., ABPP PSY 11603 I wish to alert you to the fact that my office will be closed beginning Monday May 26th (Memorial Day) for a little over two weeks. The office will reopen on Wednesday June 11th . I am hopeful that we can arrange for psychological evaluations to be performed before and after these dates so -that my absence -will -not cause -any -disruption -to -your hiring -needs -- — — -- Please note that while I will be away, Dr. Dana Grossman will promptly attend to needs, requests, and scheduling in my absence. Dana has access to records and will be able to make appointments for psychological evaluations for me to complete upon my return. Should there be a need to complete a psychological evaluation during my absence, Dana can also arrange for that;: ,Dana; can .be reached at my,officephone.nun ber (858 560-0900). 1 would. also. like to -make you aware of another issue at this time. For the past five years, I have been able to control costs, and avoid an increase in the cost of pre -employment psychological evaluations. Knowing the financial difficulties our community faces, I have resisted a fee increase as long as possible. However, additional overhead costs, including increases in fees for psychological test materials and scoring, has forced me to raise the fee f•r evaluations. The fee for pre -employment evaluations will rise less tha evaluation. I trust that this very modest increase in fee will not be problemati Thank you for accommodating; my time away and for the continued support that I so much value. While I do not often have an opportunity to say so, please know that your continued trust in having me provide psychological services to you is greatly appreciated and prized. Very truly, '�.u�MN�QM �: ��►1� Ira Grossman,.Ph:D;.: Board Certified in Clinical Psychology American .Board, of Professional Psychology; (ABP:P)... 4$50 6arnyVilla, Rood. Suife 214. San Diego, CA 92123.1563 Tel: (858) 560-0900 Fox: (858) 560-1266 Email: Ira@Grossmon.info ..i City of National City, California COUNCIL AGENDA STATEMENT l'ultlEETING DATE June 16, 2009 AGENDA ITEM NO. 17 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2009-2010 PREPARED BY Tess Limfueco Financial Services fficer EXPLANATION DEPARTMENT Finance Ext 4331 Each year cities in California are required to pass an Appropriations Limit ("Gann Limit") which increases based on a price factor and a population factor. This action selects the two adjustment factors and adopts the Appropriations Limit. Environmental Review N/A Financial Statement Approved By: N/A Jeanette Ladrido, Finance Director Account No. STAFF RECOMMENDATION N/A BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 7 1. Resolution A-200 (9/80) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SELECTING ANNUAL ADJUSTMENT FACTORS, AND ESTABLISHING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEARS 2009-2010 WHEREAS, Article XIII-B of the California Constitution provides that appropriations made by State and local governments shall be changed annually by a factor comprised of the change in population and the change in the cost of living. NOW, THEREFORE, BE IT RESOLVED that the cost of living factor to be used in calculating the appropriations limit for fiscal year 2009-2010 shall be as set forth in Attachment 1. BE IT FURTHER RESOLVED that the population change factors to be used in calculating the appropriations limit for fiscal year 2009-2010 shall be as set forth in Attachment 1. BE IT FURTHER RESOLVED that the appropriation limit for fiscal year 2009- 2010 shall be $44,434,539 as set forth in Attachment 1. PASSED and ADOPTED this 16th day of June, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Resolution No. 2009- Attachment 1 City of National City Gann Appropriations Limit Fiscal Year 2009-2010 Appropriations Limit-FY2008-2009 $ 43,611,240 CA Per Capita Income Increase (A) 0.62% Limit Sub -Total ($43,611,240 x 1.0062) $ 43,881,630 SD County Population Increase (A) 1.26% Appropriations Limit - FY2008-2009 ($43,881,630 x 1.0126) $ 44,434,539 (A) Source - State of California, Department of Finance http://www.dof.ca.gov/budgetinq/ 1 City of National City, California COUNCIL AGENDA STATEMENT "r1AEETING DATE June 16, 2009 AGENDA ITEM NO. 18 /ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND FOR FISCAL YEAR 2009-2010 PREPARED BY EXPLANATION Jeanette Ladri Finance Director DEPARTMENT Finance x 4331 The City invests surplus funds along with other cities and local agencies in the California State Treasurer's Pool, officially known as the Local Agency Investment Fund (LAIF). LAIF requires a Council Resolution designating the officers authorized to make those investments and withdrawals. This action provides a list that matches current City employees and officials. Withdrawals may only be made back to the general City checking account. Environmental Review X N/A Financial Statement Not applicable Approved by: Jea'-tte Ladrido, Finance Director Account No. STAFF RECOMMENDATION Not applicable BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Resolution A-200 (9/80) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND FOR FISCAL YEAR 2009-2010 WHEREAS, pursuant to Chapter 730 of the statutes of 1976, Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the City Council of the City of National City does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein are in the best interests of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the deposit and withdrawal of City monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein, and verification by the State Treasurer's Office of all banking information as provided in that regard. BE IT FURTHER RESOLVED that the following City officers or their successors in office shall be authorized to order the deposit and withdrawal of monies in the Local Agency Investment Fund: Chris Zapata, City Manager Leslie A. Deese, Assistant City Manager Jeanette Ladrido, Finance Director PASSED and ADOPTED this 16th day of June, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City COUNCIL AGENDA STATEMENT MEETING DATE: June 16, 2009 AGENDA ITEM NO. 19 ITEM TITLE: Resolution authorizing the Mayor to execute the Third Amendment to an Agree- ment for Grant Funds in the amount of $125,000 from the County of San Diego extending the term of the agreement to allow for the completion of a soccer project at Kimball Park. PREPARED BY: Rudy Lope? (619) 336-4560 EXPLANATION: DEPARTMENT Community Services On March 19, 2007 the City of National City entered into an agreement with the County of San Diego to accept Community Enhancement grant funds in the amount of $125,000 for the construction of the Kimball Park Soccer Field. The term of the agreement was through March 19, 2008. On May 21, 2008 the First Amendment to the agreement extended the term of the agreement through September 30, 2008. On November 25, 2008 the Second Amendment to the agreement extended the term of the agreement through May 31, 2009. '*' This Third Amendment extends the length of the agreement through June 30, 2010 to allow for comple- tion of the project. Environmental Review N/A Financial Statement National City has received $125,000 from the County of San Diego. There is no matching requirement for this grant. STAFF RECOMMENDATION Approve the resolution. BOARD/COMMISSION RECOMMENDATION N/A IATTACHMENTS (Listed Below) 1. Resolution 2. Third Amendment to Grant Agreement with County of San Diego Resolution No. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE THIRD AMENDMENT TO AGREEMENT FOR GRANT FUNDS IN THE AMOUNT OF $125,000 FROM THE COUNTY OF SAN DIEGO EXTENDING THE TERM OF THE AGREEMENT TO ALLOW FOR THE COMPLETION OF A SOCCER PROJECT AT KIMBALL PARK WHEREAS, on March 19, 2007, the City entered into an agreement with the County of San Diego to accept Community Enhancement grant funds in the amount of $125,000 for the construction of the Kimball Park Soccer Field; and WHEREAS, unable to spend the grant funds by the end of the term of the Agreement, the City was granted extensions on May 21, 2008, and November 25, 2008; and WHEREAS, because more time is required to complete the Soccer Project, a Third Amendment to Agreement extending the term through June 30, 2010 is submitted for approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Third Amendment to Agreement for grant funds in the amount of $125,000 from the County of San Diego extending the term of the Agreement through June 30, 2010, to allow for the completion of a Soccer Project at Kimball Park. Said Third Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of June, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney THIRD AMENDMENT TO STANDARD GRANT AGREEMENT BETWEEN TIIE COUNTY OF SAN DIEGO AND CITY OF NATIONAL CITY This Third Amendment to Standard Grant Agreement between the County of San Diego and City of National City is dated on WHEREAS, on October 24, 2006 (3), the Board of Supervisors approved a $125,000 grant to City of National City (Grantee) to complete the Arena Soccer Project sited at Kimball Park, located on 12th Street between "D" and "A" Avenues in National City; and WHEREAS, on March 19, 2007, the County of San Diego (County) and Grantee entered into the Standard Grant Agreement (Original Agreement) consistent with the Board of Supervisors' action; and WI LEREAS, Grantee was unable to spend the grant funds by the end of the Term of Agreement; and WHEREAS, Grantee requested an extension of time to spend the grant funds; and WHEREAS, on May 21, 2008, County and Grantee entered into the First Amendment to Standard Grant Agreement to extend the Term of Agreement to September 30, 2008; and WHEREAS, Grantee was unable to spend the grant funds by that date and requested another extension of time to spend the grant funds; and WHEREAS, on November 25, 2008, County and Grantee entered into the Second Amendment to Standard Grant Agreement to extend the Term of Agreement to May 31, 2009; and WHEREAS, Grantee was unable to spend the grant funds by that date and requested another extension of time to spend the grant funds. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree to amend the Original Agreement as follows: 1. Paragraph 2 is amended to read as follows: The Term of Agreement shall be from the date the parties entered into the Original Agreement through June 30, 2010. 2. All other terms and conditions in the Original Agreement as amended by the 1 City ol-National City 06-07CP First and Second Amendments remain in full force and effect. WHEREFORE, the parties execute this Third Amendment on the date first written above. COUNTY OF SAN DIEGO 13y: Janel Pehau, Director Office of Financial Planning GRANTEE By: Date By: Print name and title Date Print name and title [Note: need one signature from each of the following two groups: 1. Executive Group: President, Vice -President or Chairman of the Board; and 2. Management Group: Secretary, Assistant Secretary, Assistant 'Treasurer or Chief Financial Officer.] _' City of rational City 06-O7('P City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 16, 2009 AGENDA ITEM NO. 20 ( ITEM TITLE V‘arrant 'egis er ° or e pesoo Amount of $2,174,667.85 PREPARED BY D. Gallegos -Finance EXPLANATION_ roug DEPARTMENT Finance Jeanette La • nd 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 05/13/09 through 05/19/09. in e The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor LB Civil Construction Koch Armstrong Public Emp Ret Sys SDG&E Check# 226946 226992 227010 227016 Amount Explanation 297,463.05 Bay Marina Widening 180,789.82 Street Resurfacing 267,998.66 Emp Ret Sys PPE 05/04/09 58,264.80 Utilities vironmental Review Financial Statement Not applicable. N/A Account No. HAM. RECOMMENDATION Ratification of warrants in the amount of $2,174,667.85 BOARD/COMMISSION RECOMMENDATION 1. Warrant Register #47 ATTACHMENTS (Listed Below) Resolution No. A-200 (Rev. 9/80) 1/4 PAYEE SWEETWATER AUTHORITY 3-D ENTERPRISES CITY OF CHULA VISTA DESROCHERS KLEINFELDER, INC. L.B. CIVIL CONSTRUCTION POWER PLUS SAN DIEGO CLIPPING SERVICE ADAMSON POLICE PRODUCTS AIRGAS-WEST ALCEM FENCE COMPANY INC AMERICAN LUNG ASSOC OF CA ASSI SECURITY AT&T/MCI AT&T/MCI BROADWAY AUTO ELECTRIC "k.L EXPRESS LIFORNIA BAKING CO. CALIFORNIA HIGHWAY ADOPTION CO CALIFORNIA TURF PRODUCTS CEB CHAPIN CHEVRON & TEXACO BUSINESS CARD CHULA VISTA BLUEPRINT CO CINGULAR WIRELESS CLEAN HARBORS CORPORATE EXPRESS D MAX ENGINEERING INC DANIEL PEARCE/ RPM WELDING DION INTERNATIONAL TRUCK INC. DIXIELINE LUMBER CO. DREW FORD EMERGENCY EQPT. ENGINEERING EMPLOYMENT DEVELOPMENT DEPT ESGIL CORPORATION ESPINOSA EXPERIAN FALCON FEDEX FIRE ETC FON-JON KENNELS S, A AUTO AIR CONDITIONING `r2AINGER GTC SYSTEMS INC HAMILTON MEATS & PROVISIONS HD SUPPLY HERNANDEZ - INCORPORATED WARRANT REGISTER # 47 5/19/2009 DESCRIPTION 1615 E 4TH STREET FEBRUARY 2008 SERVICES .APRIL 2009 SERVICES RETIREMENT BENEFIT - MAY 2009 BAY MARINA DR SPE 08-13 APRIL 2009 SERVICES EQUIP RENTAL - AQUATIC CENTER CLIPPING SERVICE BALLISTIC VESTS AND COVERS AUTO -SET GEAR CYLINDER MISC FENCE AND WALL REPAIRS GRANT FUNDS CITY-WIDE SECURITY REPAIRS PHONE XXX-7549 MAR 09 CALNET 2 03/13 - 04/12/09 ELECTRICAL PARTS FOR CITY VEHICLES COURT FILING - CONTRERAS BREAD PRODUCTS APRIL SERVICES LITTER REMOVAL LAWNMOWER PARTS CA CIVIL DISCOVERY PRACTICE SUSTAINABILITY WORKSHOP MOP #45699 FUEL 1 COLOR COPY 36X48, 12 SQ. FT. PD WIRELESS SVC 03/06 - 04/05/09 HAZARDOUS WASTE PICKUP MOP 45704 PRINT CARTRIDGES - PD BET. MARCH 30 & MAY 2ND 2009 SERVICES 226968 REPAIRS TO 24" BACKFLOW SERVICE MANUAL SUPPLIES FOR FACILITIES MAINT. SENSOR, KIT SOLENT/H #9/16 OZ UNEMPLOYMENT INSURANCE REIMB PLAN CHECKING SVCS OF BUILDING DEPOSIT#1303 1808-1810 E 8TH ST CREDIT CHECKS FOR NEW PD EMP MINOR REPAIR REIMBURSEMENT FEDEX EXPRESS SERVICES BLADE FOR RESCUE SAW KENNEL FEES FOR POLICE K9'S PARTS TO REPAIR V# 451. BALLAST EXPERT & CONSULTANT MEAT PRODUCTS PLUMBING MATERIAL OVER COUNTER SUBSISTENCE: BASIC HOMICIDE CHK NO DATE AMOUNT 226941 5/14/09 1,442.85 226942 5/19/09 33,858.00 226943 5/19/09 21,105.00 226944 5/19/09 110.00 226945 5/19/09 10,677.00 226946 5/19/09 297,463.05 226947 5/19/09 195.00 226948 5/19/09 59.00 226949 5/19/09 3,663.34 226950 5/19/09 966.42 226951 5/19/09 925.00 226952 5/19/09 20,420.24 226953 5/19/09 125.00 226954 5/19/09 7,401.40 226955 5/19/09 561.33 226956 5/19/09 250.13 226957 5/19/09 19.20 226958 5/19/09 163.20 226959 5/19/09 960.00 226960 5/19/09 260.95 226961 5/19/09 147.63 226962 5/19/09 169.00 226963 5/19/09 420.00 226964 5/19/09 90.26 226965 5/19/09 306.39 226966 5/19/09 1,746.00 226967 5/19/09 656.28 5/19/09 42,741.92 226969 5/19/09 386.38 226970 5/19/09 317.82 226971 5/19/09 69.94 226972 5/19/09 379.51 226973 5/19/09 131.59 226974 5/19/09 7,734.00 226975 5/19/09 20,193.27 226976 5/19/09 100.00 226977 5/19/09 79.54 226978 5/19/09 296.82 226979 5/19/09 32.20 226980 5/19/09 230.48 226981 5/19/09 75.00 226982 5/19/09 852.18 226983 5/19/09 29.16 226984 5/19/09 977.50 226985 5/19/09 1,160.91 226986 5/19/09 375.91 226987 5/19/09 1,240.00 2/4 PAYEE HOME DEPOT/GECF HOME DEPOT/GECF JERAULD'S AUTOMOTIVE SERVICES KIWANIS CLUB OF NATIONAL CITY KOCH ARMSTRONG GENERAL LASER SAVER INC MAN K-9 INC. MANPOWER OF SAN DIEGO MAYER HOFFMAN MCCANN P.C. MAYER REPROGRAPHICS MONTGOMERY KONE, INC. MORE DIRECT N C CHAMBER OF COMMERCE NAPA AUTO PARTS NEXUS INTEGRATED SOLUTIONS ORANGE COUNTY SHERIFF'S DEPT ORKIN PEST CONTROL PARTS PLUS AUTOSTORE #711 PERRY FORD PLIMUS, INC. PLUMBERS DEPOT INC PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM SAM'S ALIGNMENT SAN DIEGO GAS & ELECTRIC SAN DIEGO MIRAMAR COLLEGE SAN DIEGO PET & LAB SUPPLY SAN DIEGO REGIONAL SDG&E SELTZER CAPLAN MCMAHON VITEK SIGN SHOP SILVA SIMPLEXGRINNELL SOUTH COAST EMERGENCY STANDARD AUTO RECYCLING STEVENSON STRATACOM TARULLI TIRE INC -SAN DIEGO TETRA TECH ISG #1 TETRA TECH ISG #1 THE LIGHTHOUSE, INC. ULTIMATE STAFFING SERVICES UNION TRIBUNE PUBLISHING CO UNION -TRIBUNE PUB. CO. UNITED RENTALS WADE & ASSOCIATES WATERLINE TECHNOLOGIES INCOR.PORArE" WARRANT REGISTER # 47 5/19/2009 DESCRIPTION BLACK VANITY TOP/SEDISPLASH ROUGHNECK WO/WHEELS-BLACK WELD KIWANIS CLUB DUES/MEALS APRIL 2009 SERVICES MOP 45725 TONER CARTRIDGE -FINANCE MAINTENANCE TRAINING - APR 09 TEMP SVC'S WK ENDING 042609 2009 GASB UPDATE - LADRIDO DIGITAL BOND PRINTING REPAIRS & MAINTENANCE TO ELEVATORS WINDOWS SERVER 2008 ENTERPRISE ANNUAL MEMBERSHIP - R LOPEZ MOP #45735 10W30 OIL PHONE SYS (PBX) MAINTENANCE TUITION: HOMICIDE INV - A YBARRA PEST MAINTENANCE FOR CITY BUILDINGS WIX 51971 PARTS TO REPAIR V# 439 DEEP LOG/WEBSITE ANALYZER MANHOLE COVER HOOK MOP #45742 UNIFORMS - PARKS SERVICE PERIOD 05-09-3 REPAIRS AND PARTS FOR V# 404. 1415 D AVE 04/21/09 TUITION:REGIONAL OFFICERS TRAINING MOP 45753 DOG FOOD NC K9 - PD 227014 TUITION -COMP INVESTIGATION-VILLARIASA 227015 FACILITIES DIVISION GAS & ELECTRIC 227016 PROFESSIONAL SVCS THRU 4/30/09 SIDE #S WITH REFLECTIVE LETTERS TRAVEL EXPENSE -LAW CONFERENCE 1605 PURPLE RIBBON PROX SWITCH, LH W/RELAY PARTS & LABOR NPELRA TRAINING MOP 63845 BUSINESS CARD - PD TIRES DEPOSIT#1294 15TH ST & HARDING AVE DEPOSIT#1281 1205 FIG COURT MOP #45726 TEK90185 PRODIGY TEMP EMP - NEIGHBORHOOD SVCS ADVERTISING -SENIOR OFFICE ASSIST PUBLICATION OF PLANNING DEPT 1 YARD CONCRETE BATCH PLANT MIX PARKS REHAB SPEC 07-68 MUNICIPAL POOL CHEMICALS CHK NO DATE AMOUNT 226988 5/19/09 356.67 226989 5/19/09 292.93 226990 5/19/09 239.99 226991 5/19/09 94.00 226992 5/19/09 180,789.82 226993 5/19/09 131.59 226994 5/19/09 800.00 226995 5/19/09 1,920.00 226996 5/19/09 95.00 226997 5/19/09 332.94 226998 5/19/09 3,464.07 226999 5/19/09 1,624.04 227000 5/19/09 65.00 227001 5/19/09 185.63 227002 5/19/09 572.00 227003 5/19/09 50.00 227004 5/19/09 353 7' 227005 5/19/09 50.07` 227006 5/19/09 658 71 227007 5/19/09 322.92 227008 5/19/09 241.26 227009 5/19/09 250.94 227010 5/19/09 267,998.66 227011 5/19/09 495.38 227012 5/19/09 1,712.68 227013 5/19/09 30.00 5/19/09 118.92 5/19/09 132.00 5/19/09 58,264.80 227017 5/19/09 44.61 227018 5/19/09 237.08 227019 5/19/09 150.12 227020 5/19/09 72.44 227021 5/19/09 206.62 227022 5/19/09 486.56 227023 5/19/09 355.20 227024 5/19/09 95.49 227025 5/19/09 905.37 227026 5/19/09 803.92 227027 5/19/09 393.92 227028 5/19/09 169.55 227029 5/19/09 1,960.3 ,440 227030 5/19/09 275.00 227031 5/19/09 480.00 227032 5/19/09 179.44 227033 5/19/09 7,318.25 227034 5/19/09 522.52 3/4 WARRANT REGISTER # 47 5/19/2OO9 PAYEE DESCRIPTION CHK NO DATE AMOUNT WEST GROUP PAYMENT CENTER BILLING PERIOD 03/21/09 - 04/20/09 227035 5/19/09 877.09 WEST GROUP PAYMENT CENTER BILLING PERIOD 02/21/09 - 03/20/09 227036 5/19/09 558.45 WEST GROUP PAYMENT CENTER CA CODE OF CIVIL PROCEDURE 227037 5/19/09 72.44 WESTFLEX INDUSTRIAL PLUGS 227038 5/19/09 30.69 WOOD & WOOD LIABILITY CLAIM 227039 5/19/09 27,844.61 YBARRA SUBSISTENCE:HOMICIDE INVESTIGATION 227040 5/19/09 620.00 ZUMAR INDUSTRIES BARRICADE TAPE 8"X50" EG LEFT 227041 5/19/09 374.97 ADAMS TRAVEL AMERICORPS CNCS Y6 227042 5/19/09 39.40 BANSAL TRAVEL AMERICORPS CNCS Y6 227043 5/19/09 79.64 BAZZOLA AMERICORPS CNCS Y6 TRAVEL 227044 5/19/09 54.73 BREEDEN-JOHNSON EXPERT SVCS-AMERICORPS MEMBERS 227045 5/19/09 124.00 BURLEW AMERICORPS CNCS Y6 227046 5/19/09 341.46 CHIU EXPERT SVCS AMERICORPS CNCS Y6 227047 5/19/09 91.71 CROSBY AMERICORPS TRAVEUEXPERT SVCS 227048 5/19/09 254.40 EHDE TRAVEL AMERICORPS CNCS Y6 227049 5/19/09 59.42 ELLISON TRAVEL AMERICORPS CNCS Y6 227050 5/19/09 273.19 IERRERO TRAVEL AMERICORPS CNCS Y6 227051 5/19/09 145.67 row.UR TRAVEL AMERICORPS CNCS Y6 227052 5/19/09 231.88 LAUDERDALE TRAVEL AMERICORPS LSTA Y6 227053 5/19/09 204.05 LITERACYWORKS LIVING ALLOWANCE FOR AMERICORPS 227054 5/19/09 48,379.73 LYDUM TRAVEL AMERICORPS CNCS Y6 227055 5/19/09 204.60 MCCULLOUGH TRAVEL AMERICORPS CNCS Y6 227056 5/19/09 355.45 MEDINA-VILLA TRAVEL AMERICORPS CNCS Y6 227057 5/19/09 110.00 MUDGE TRAVEL AMERICORPS CNCS Y6 227058 5/19/09 288.43 RODWICK AMERICORPS TRAVEUEXPERT SVCS 227059 5/19/09 59.13 RUSSAK AMERICORPS CNCS Y6 227060 5/19/09 59.13 SCHNEIDER TRAVEL AMERICORPS CNCS Y6 227061 5/19/09 178.20 SCHWARTZBERG EXPERT SVCS. AMERICORPS CNCS Y6 227062 5/19/09 90.00 SCOTT TRAVEL AMERICORPS CNCS Y6 227063 5/19/09 318.23 SNIDER TRAVEL AMERICORPS CNCS Y6 227064 5/19/09 367.24 SOSA TRAVEL AMERICORPS CNCS Y6 227065 5/19/09 3.41 SPRINT TELEPHONE (WINGS) 227066 5/19/09 29.12 STRATEGIC RESOURCE COMPANY/ EXPERT SVCS AMERICORPS CNCS Y6 227067 5/19/09 2,638.64 SUTTER COUNTY LIBRARY EXPERT SVCS CNCS AMERICORPS Y6 227068 5/19/09 122.00 VALDEZ TRAVEL AMERICORPS CNCS Y6 227069 5/19/09 891.99 VENTURA COUNTY LIBRARY SERVICE EXPERT SVCS AMERICORPS CNCS Y6 227070 5/19/09 115.00 WASHINGTON TRAVEL AMERICORPS CNCS Y6 227071 5/19/09 266.28 WEISS TRAVEL AMERICORPS CNCS Y6 227072 5/19/09 446.96 AD TROPHY FIRST PLACE MEDALS 227073 5/19/09 408.20 ALL ABOUT BOOKS CO GIVEAWAY BOOKS 227074 5/19/09 4,231.45 AMAZON.COM BOOKS FOR ADULT LITERACY 227075 5/19/09 366.85 - & T MOBILITY WINGS CELL PHONE. 227076 5/19/09 174.10 ,.ODART BOOK PROCESSING MATERIAL 227077 5/19/09 2,789.53 BUNDY REIMBURSEMENT 227078 5/19/09 126.15 CABALLERO MUSIC PERFORMANCE -KID CRAFT NIGHT 227079 5/19/09 400.00 CHILDREN TOGETHER HOW TO LEAD GAMES - DR. MICHAELIS 227080 5/19/09 95.69 CITY OF NATIONAL CITY OUT OF STATE SALES TAX ON INVOICE 227081 5/19/09 786.06 NIA •.�+- 4/4 PAYEE CORPORATE EXPRESS DEMCO INC DISCOUNT SCHOOL SUPPLY' FEDEX FULL SPECTRUM NUTRITION SVCS GREAT START 5 HIGHSMITH, INC. JONES & BARLETT PUBLISHERS KIDSAFETY OF AMERICA LEARNING SEED LEE LOONEY DOONEY PRODUCTIONS MIDWEST TAPE NEW READERS PRESS NOLO PRESS -OCCIDENTAL O'HARA ORIENTAL TRADING, CO., INC. SMILE MAKERS STERLING PUBLISHING CO., INC. THE BOOKSOURCE THE H.W WILSON CO. THOMSON GALE THOMSON WEST U.S. POSTMASTER XEROX CORPORATION SECTION 8 HAPS PAYMENTS PAYROLL Pay period 10 Special Payroll Start Date 4/21 /2009 4/21/2009 NAL 19 INCOROh PORAA TED WARRANT REGISTER # 47 5/19/2009 DESCRIPTION MOP 45704 OFFICE SUPPLIES -LIBRARY BOOK PROCESSING MATERIALS ARTS AND CRAFTS MATERIALS LIBRARY WIRELESS WALKER COUNTER FOODHANDLER CERTIFICATION CLASS ANNUAL TECHNICAL SUPPORT GLASS WINDOW SIGN HOLDER PEDIATRIC FIRST AID FOR CAREGIVER CHILD SAAFETY AT HOME, DVD THE ART OF LISTENING - DVD PERFORMER - FAMILY LITERACY NIGHT ENTERTAINMENT FOR CHILI -COOK -OFF CHILDREN'S VIDEOS FOR WOW MOBILE MEMERSHIP FOR "NEWS FOR YOU" HOW TO SOLVE DIVORCE PROBLEMS CONSULTING FOR LITERACY & GRANT SUPPLIES FOR THE CHILI COOK -OFF PRICES FOR CHILI COOK -OFF GIVE AWAY BOOKS FOR WOWMOBILE BOOKS - READING IS FUNDAMENTAL REFERENCE BOOKS REFERENCE BOOKS LESBIAN/GAY FAMILY LAW PAMPHLET POSTAGE FOR OVERDUE NOTICES BASE CHGS & COPIES FOR LITERACY Start Date 5/13/2009 End Date 5/4/2009 5/4/2009 End Date 5/19/2009 ('heck Date 5/13/2009 5/14/2009 CHK NO DATE AMOUNT 227082 5/19/09 1,624.62 227083 5/19/09 1,001.15 227084 5/19/09 4,078.53 227085 5/19/09 28.05 227086 5/19/09 200.00 227087 5/19/09 99.99 227088 5/19/09 30.78 227089 5/19/09 68.22 227090 5/19/09 149.34 227091 5/19/09 415.80 227092 5/19/09 200.00 227093 5/19/09 200.00 227094 5/19/09 1,973.59 227095 5/19/09 214.31 227096 5/19/09 61.98 227097 5/19/09 1,600.00 227098 5/19/09 1,576.44 227099 5/19/09 617.49 227100 5/19/09 1,106.63 227101 5/19/09 737.27 227102 5/19/09 182.00 227103 5/19/09 247.18 227104 5/19/09 109.75 227105 5/19/09 300.00 227106 5/19/09 458.31 A/P Total 1,131,726.76 8,725.61 1,021,580.37 12,635.11 GRAND TOTAL $ 2,174,667.85 CALIFORNIA -4+ NATIONAL CET? mcoRPORATEv Warrant Register # 47 5/19/2009 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 111 P.O.S.T. FUND 115 PARK & REC CAPITAL OUTLAY FUND 120 PLAN CHECKING REVOLVING FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING 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 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 230 ABANDONED VEHICLE ABATEMENT GRANT 246 WINGS GRANT 277 NC PUBLIC LIBRARY DONATIONS FUND 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 633 UNEMPLOYMENT INSURANCE RESERVE 643 MOTOR VEHICLE SVC FUND 726 ENGINEERING/PUBLIC WORKS T&A DEPOSITS 1,032,279.87 31,450.02 23,071.56 56,485.30 1,860.00 38,479.43 19,553.19 62,923.95 2,807.05 1,076.69 990.79 14,771.78 589.26 3,457.86 1,106.39 5,036.57 2,848.14 1,148.23 32,548.70 3,283.77 42,002.58 671.77 168.18 2,375.50 26, 358.89 2,803.96 48,358.52 85,190.98 5,546.85 21,412.45 29,232.60 559.25 424, 782.12 1,419.93 55, 584.14 31,541.23 2,930.80 4,672.92 31.83 10,275.01 17,294.43 7,734.00 16,653.52 1,297.84 2,174,667.85 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 16, 2009 21 AGENDA ITEM NO. ITEM TITLE VT arran ' egis er Amount of $873,374.14 or e peno• o roug PREPARED BY D. Gallegos -Finance DEPARTMENT Finance EXPLANATION Jeanette Ladri 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 05/20/09 through 05/26/09. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation City of San Diego 227177 743,611.00 Sewer Transportation Charges } Eivironmental Review Financial Statement Not applicable. N/A Account No. STAFF . RECOMMENDATION Ratification of warrants in the amount of $873,374.14 BOARD/COMMISSION RECOMMENDATION 1. Warrant Register #48 r..,• ALTACHMENT (Listed Below) Resolution No. A-200 (Rev. 9/80) +}-- CALIFO,RJVIA 1/2 PAYEE ACCU TRACKING, INC. AFLAC AMERICAN BACKFLOW SPECIALTIES AMERICAN ROTARY BROOM CO , INC AUSTIN DOORS BAKER BLACKIE'S TROPHIES AND AWARDS BROWNE CARQUEST AUTO PARTS CDWG CEB CITY OF NATIONAL CITY CORPORATE EXPRESS DANIEL PEARCE/ RPM WELDING DELTACARE (PMI) DEPARTMENT OF JUSTICE 'DISCOUNT SPECIALTY CHEMICALS ;IELINE LUMBER CO. '47ftEW FORD EDUCATORS PUBLISHING SVC INC EMERGENCY VEHICLE GROUP FARNSWORTH BOOKS FAT PIPE NETWORKS FEDEX FERGUSON ENTERPRISES, INC FERNANDO FIRE ETC GRANICUS INC. GRASS ROOTS PRESS HdL COREN & CONE HORIZON HEALTH EAP INTEGRATED BIOMETRIC INTERNATIONAL CODE COUNCIL INC INTL TRAINING RESOURCES LLC JERAULD'S AUTOMOTIVE SERVICES LASER SAVER INC LEXIS-NEXIS MAINTEX, INC. MASON'S SAW & LAWNMOWER SRVC MINUTEMAN PRESS MORE DIRECT 'PAPA AUTO PARTS TIONAL CITY CAR WASH �EW READERS PRESS PACIFIC AUTO REPAIR PEARSON EDUCATION NATI CiTir INCORPORATED WARRANT REGISTER # 48 5/26/2009 DESCRIPTION BOOST MOBILE/PHONE W WALL CHGR ACCOUNT BDM36 - MAY 2009 BACK FLOW PARTS AND BACKFLOW MOP #62683 SWEEPER REPAIRS MATERIAL REIMB - IHN CONFERENCE MOP 67727 NAME TAGS REFUND OF BLDG FEES-225 W 30TH ST. MOP # 47557 SMALL TOOLS APC STEP DOWN TRANSFORMER BOOK - WRONGFUL EMP TERMINATION OUT OF STATE SALES TAX MOP45707 OFFICE SUPPLIES -PLANNING MOP #45749 WELDING REPAIRS DENTAL INS PMI - MAY 2009 INVESTIGATIVE SERVICES BIG RED DRAIN OPENER MOP #45707 ELECTRICAL MATERIAL MOP #49078 BRAKE KITS BOOKS FOR ADULT LITERACY. LABOR TO REMOVE DAMAGE LADDER RUN( WORDS BOOKS 1 AND BOOK 2 FOR ADULT FP-SRV-GOLD FATPIPE GOLD SVC PACK SPECIAL MAIL HANDLING - ENG MOP #45723 STUD FINDER, POLYPRO BASIC SNIPER/OBSERVER COURSE DRAGON FIRE STRUCTURE GLOVES SOFTWARE MODULES NOVELS FOR ADULT LEARNERS SET CONTRACT SVCS PROPERTY TAX EMP ASSISTANCE PROGRAM - MAY 09 INVESTIGATIVE SERVICES MEMBERSHIP FOR BLDG OFFICIAL TUITION -BASIC SNIPER - V FERNANDO MOP #72449 HEAT SHIELD REPAIRS MOP 45725 INK CARTRIDGES - FIRE ONLINE CHGS - MARCH 2009 MISC JANITORIAL SUPPLIES MOP #45729 HEDGE TRIMMER MOP 47939 NEW LOGO - LAS PALMAS PART COMBO ANTENNA MOP #45735 AUTO PARTS CAR WASHES FOR CITY FLEET BOOKS FOR ADULT LITERACY 1 SMOG CERTIFICATION & REPAIRS VOCABULARY BOOKS FOR ADULT LITERAC' CHK NO DATE AMOUNT 227107 5/26/09 832.00 227108 5/26/09 1,543.64 227109 5/26/09 3,051 33 227110 5/26/09 577.42 227111 5/26/09 1,711.34 227112 5/26/09 149.00 227113 5/26/09 21.95 227114 5/26/09 416.50 227115 5/26/09 188.42 227116 5/26/09 6,538.92 227117 5/26/09 147.68 227118 5/26/09 42.99 227120 5/26/09 1,173.34 227121 5/26/09 150.88 227122 5/26/09 3,431.01 227123 5/26/09 518.00 227124 5/26/09 115.54 227125 5/26/09 472.95 227126 5/26/09 276.02 227127 5/26/09 302.40 227128 5/26/09 5,057.24 227129 5/26/09 340.83 227130 5/26/09 1.300.00 227131 5/26/09 39.65 227132 5/26/09 102.64 227133 5/26/09 744.00 227134 5/26/09 3,237.63 227135 5/26/09 2,954.70 227136 5/26/09 190.85 227137 5/26/09 1,200.00 227138 5/26/09 737.48 227139 5/26/09 28.00 227140 5/26/09 180.00 227141 5/26/09 700.00 227142 5/26/09 83.41 227143 5/26/09 416.83 227144 5/26/09 415.14 227145 5/26/09 2,052.56 227146 5/26/09 371.83 227147 5/26/09 256.97 227148 5/26/09 1,000.92 227149 5/26/09 264.18 227150 5/26/09 80.00 227151 5/26/09 1,205.59 227152 5/26/09 55.00 227153 5/26/09 1,386.18 +}- CALIFO RN1A+ 2/2 PAYEE ROUNDS SAM'S ALIGNMENT SAN DIEGO MIRAMAR COLLEGE SD COUNTY VECTOR CONTROL SMART & FINAL SUMMIT SUPPLY SWEETWATER AUTHORITY THE FILIPINO PRESS UNITED RENTALS US STERLING CAPITAL CORP US STERLING CAPITAL CORP VULCAN MATERIALS COMPANY WATERLINE TECHNOLOGIES WEST GOVERNMENT SERVICES WILLY'S ELECTRONIC SUPPLY BUSTAMANTE & ASSOC EDCO DISPOSAL CORPORATION GEOSYNTEC CONSULTANTS HdL COREN & CONE HORIZON HEALTH EAP HUSK PARTNERS CALIFORNIA STATE FIRE MARSHAL CITY OF SAN DIEGO CITY OF SAN DIEGO SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date Special Payroll 5/5/2009 -NTIO: LCirrir a3C3t/ INCORPORATED WARRANT REGISTER # 48 5/26/2009 DESCRIPTION SHERMAN BLOCK SUPERVISORY LOWER BALL JOINTS TUITION: ANDERSON/MADSEN/MCGOUGH MOSQUITO DISEASE CONTROL 08-09 MOP 45756 SUPPLIES FOR FIRE RECUITMEP PET STATION DISPENSER WASTEWATER DIVISION DISPLAY ADVERTISING GENERATOR 70-84 KVA TRADE SETTLING CHGS TRADE SETTLING CHGS SHEET AND COLD MIX ASPHALTS MUNICIPAL POOL CHEMICALS AUTO TRACK DATABASE - APRIL 2009 MOP 45763 BATTERIES/CORDS/CABLE CONSULTING SVCS MAR, APR & MAY 09 WASTE DISPOSAL -GRANGER MUSIC HALL EDUCATION VILLAGE -DELINEATION CONTRACT SVCS PROPERTY TAX EMP ASSISTANCE PROGRAM - MAY 09 CONSULTING SERVICES - MAY 2009 EMT CERTIFICATIONS SEWER TRANSPORTATION CHARGES FORMS -JUVENILE CONTACT REPORTS Start Date 5/20/2009 End Date 5/26/2009 End Date 5/26/2009 Check Date 5/26/2009 CHK NO DATE 227154 5/26/09 227155 5/26/09 227156 5/26/09 227157 5/26/09 227158 5/26/09 227159 5/26/09 227161 5/26/09 227162 5/26/09 227163 5/26/09 227164 5/26/09 227165 5/26/09 227166 5/26/09 227167 5/26/09 227168 5/26/09 227169 5/26/09 227170 5/26/09 227171 5/26/09 227172 5/26/09 227173 5/26/09 227174 5/26/09 227175 5/26/09 227176 5/26/09 227177 5/26/09 227178 5/26/09 A/P Total AMOUNT 419.58 642 11 90.00 145.60 228.82 407.00 23,810.65 500.00 147.92 198.00 149.18 388.46 1,414.83 200.00 373 85 18,000.00 104.75 1,661.23 „vs 1,200.00 114.56 7,500.00 733.00 743,611.00 588.00 848,691.50 9,682.64 15,000.00 (:RAND TOTAL S 873,374.14 +}- CALIFORNIA •-�* NATIONAL Cfry anv INCORPORATED Warrant Register # 48 5/26/2009 001 GENERAL FUND 105 PARKS MAINTENANCE FUND 111 P.O.S.T. FUND 120 PLAN CHECKING REVOLVING FUND 125 SEWER SERVICE FUND 131 ASSET FORFEITURE 212 PERSONNEL COMPENSATION FUND 320 LIBRARY GRANTS 345 TRAFFIC CONGESTION RELIEF 502 SECTION 8 FUND 511 TAX INCREMENT FUND 626 FACILITIES MAINT FUND 628 GENERAL SERVICES FUND 630 OFFICE EQUIPMENT DEPRECIATION 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE 22, 722.43 18.65 1,039.58 166.00 744,055.30 832.00 15,000.00 3,203.71 39.65 9,682.64 28,580.54 28,668.77 212.32 10,570.25 1,295.39 7,248.46 38.45 873,374.14 City of National City, California COUNCIL AGENDA STATEMENT `MEETING DATE June 16, 2009 AGENDA ITEM NO. 22 �TEM TITLE Public Hearing to Consider a Proposed Negative Declaration and a Previously Denied 7-Lot Residential Tentative Subdivision Map Including Requests for Exceptions for Increased Density, Reduced Lot Sizes and Lot Frontage; Variance Requests to Allow 3-Story Structures for 2-Units, 3-Foot Side Yard Setbacks for 3-Units, and 13.5-Foot Front Yard Setbacks for 4-Units; and a Request to Waive Utility Undergrounding Fronting Prospect Street at 2121 Grove Street (Applicant: Arnold Schmidt) (Case File No. 2007-59 S, IS, Z) PREPARED BY Peggy Chapin 336-4319 DEPARTMENT Planning Division EXPLANATION The City Council conducted a public hearing on May 5, 2009 and considered public testimony and Planning Commission's recommended findings for denial of the proposed Tentative Subdivision Map with exceptions, variances, and request to waive undergrounding. The Council concurred with the Planning Commission decision and denied the proposed development. The Council reconsidered the Resolution to deny the project on May 19, 2009 and recommended the applicant redesign the project to increase the front yard setback to allow for adequate parking in the driveway. The attached Background Report describes the project and changes proposed by the applicant to respond to Council's recommendations. Environmental Review N/A A Proposed Negative Declaration is attached Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends approval of the Tentative Subdivision Map, Negative Declaration, and Underground Request Waiver. BOARD / COMMISSION RECOMMENDATION The Planning Commission recommended denial of the proposed development on April 6, 2009, prior to the revisions dated May 27, 2009. ATTACHMENTS ( Listed Below ) 1. Background Report 2. Location Map Resolution No. 3. Revised Plans dated May 28, 2009 4. Council Staff Report or May 5, 2009 5. Negative Declaration A-200 (9/99) BACKGROUND REPORT Summary of Proposed Project Revisions The applicant proposes a 7-unit subdivision situated between Grove Street and Prospect Street, north of 22nd Street. Lots 1 — 4 would front on Grove Street whereas lots 5 — 7 would take access from a proposed private roadway from Prospect Street. The project has been revised from the previously reviewed design considered and denied by Council on May 5, 2009. To address the Council's concerns discussed on May 19m' the applicant has increased the front yard setback for the driveway from 10-feet to 16.5-feet to the property line and provides a cantilevered deck on the second floor extending into the front yard setback, reducing the setback to 13.5-feet. Variance requests are proposed for Tots 1 — 4 consisting of reduced front yard setbacks (16.5-foot driveways, 13.5-feet from front property line to a second story deck, and 3-foot interior side yard setbacks). The applicant requests exceptions to the required lot size of 5,000 square feet and lot width of 50-feet for parcels 1-4 which range in size from 2,904 — 3,096-square foot parcels and approximately 30 — 32 feet wide. Variance requests are proposed for Tots 6 and 7 to increase the story limit from two stories to three stories. Additionally, exceptions to the requirement that all parcels front on a public street are requested for lots 5-7 since those lots are proposed to front on a private roadway. The following table reflects the variance and exceptions requests. Land Use Standards Proposed Variances and Exceptions Requested (noted in bold) Lots 1 - 4 Lot 5 Lot 6 Lot 7 5,000 s.f. Lot Size 50-foot Lot Width Lot sizes ranging from 2,904 to 3,906 s.f. 6,174 s.f. 5,283 s.f. 7,317 gross s.f. 5,160 net s.f. 20-ft Front Yard Setback from public street 5-ft. Side Yard Setback 5-ft. Rear Yard Setback 13.5' front yd setback 3-foot interior side yard setbacks, 5-foot exterior side yard setbacks 30-foot rear yard set back Street Frontage No. of Stories/ 35-foot height Yes Minimum front yard setback not required when fronting on a private street 7.5-foot side yard 31-foot rear yard set back No Minimum front yard setback not required when fronting on a private street 5-foot side yard set back 35-foot rear yard set back No 39-foot front yard set back 5-foot side yard setback 41-foot rear yard setback No 2-story with basement 24-foot height. 2-story 32 ft. height 3-story 32 ft. height 3-story 32 ft height 1 Requested Underground Wavier for a Portion of the Project Site An underground waiver is requested for an existing pole fronting on Prospect Street which would not serve the project. All utilities serving the project would be placed underground. Environmental Review This project is subject to the California Environmental Quality Act (CEQA) to consider potential impacts to environmental resources. Based on an analysis of potential project impacts, a proposed Negative Declaration was prepared. A 20-day public review period ended on April 6, 2008 and no comments were received during this review period. Summary As stated in the prior report to Council, the applicant has addressed numerous community and Council concerns since the original project was submitted by reducing the number of units from 9 to 7. Additional changes to the project regarding parking have been recently addressed by modifying the distance from the front property line for units 1 — 4 fronting on Grove Street from 10- feet to 16.5-foot-feet to allow for parking in the driveways while maintaining second story decks at 13.5-feet to the property line. The side yard setbacks for lots 1-4 have been modified from 5-feet and 0-feet for interior side yard setbacks to 3-feet for interior set backs while still maintaining the 5-foot side yard setbacks along the northern and southern property lines. Overall, the proposed 7-lot subdivision is consistent with General Plan Housing Element goals encouraging creation of housing opportunities for all income levels (Policy 3.2), facilitation of urban infill development to promote higher rates of homeownership (Policy 4.8), and production of new housing affordable to all income ranges (Policy 4.3). 2 1 1q 1913- J' 0 1925 1930 g29� 19i 2oN S�REE�C 2206 015 033 203`' 100 0 100 200 Feet PROJECIAREA LOCATION M A P 2007-59 S, IS, Z Tentative Subdivision Map and Finding of No Significant Environmental Effect for a subdivision with nine (9) lots at 2121 Grove Street NATIONAL CITY PLANNING 0 0 22o 7.23( DRN. DATE: 5/27/08 PC HEARING: 4/6/09 30' ks • 3 Con -clever I , iIti tt 309-6ISQ. FT.'~ ,e i 2--Story Gbra. - Townhouse' • S n 4 i�i r 26.5o'.;4..1 k._ 5 Z .A!Urait 12• L i F. ,i650 >r r.' I = �I r r. 1 �I ra .1 ; 2 StorE11111y O ( ti 1?ji.-Townhouse 1 iiiiziIIII�IIIII�IMMO • ' T 1 GQragl .....� 2—Story r2 Townhouse J i - -- 1 L llli) -1lllt hill C,),Lbv Unit 3 2904 SQ. FT. 2—Story l Townhouse [1111� Itl III---- i'I 96.0Q'\ -U.nit 4 MAY 2 7 2009 'National Citr1?laningDivision,' I National City, CA 91950 I L ', I I N 71'20'58"E 295 4.6 T fr^ngwa.wRw.:.. • •..:...liw r++n..... 7.... .1. 4.... moo. wti-r.,, l :-X.k.,..,. 115.83' O©J 35.19' U n it 6 `/�� o '..5253`56 FT. 14.g', 41.46'..:.. .._. Unit 6174 SO. FT. Existing 2—Story Residence GSonceptual Site Plan 2121 Grove-S-tree-t Natioral City, California ate : 5/27/09 10' .0D 22' ROAD' AND.t1TILI.TIES'`EASEMWNT. Scale =30' 0' 20" G. h' Rey Cr kOr Wq GARAGE:1 1 .60 Q 474vAk F.F. 162.0 PAD 161.5 LOT2 /2404 50: Ft. F.F,__161.5 PAD 161.0 161.5 24 00'.... ._. fE/0 ' LOT 3 �F-c� 1.. 2904 50. FT. -Fa w72''C.a" 'GR. 60:5 1: .E. 157.9 , 8 F.F. 161.5 AD 161.0 &Or 83.63T' an. - 99 (Mt ; ` N7t70'58"E 0174 50, Fr, F.F. 163.5 PAD 163.0 LOT 4 F °S I Nam. 3096 SO. VT, 160.01 1 \ d. B. I 4. F.F. 161.0 57.3. �n �d. 15 5� +B PAD 160.5 1 S�c9 _ <sC9 160.5• F.G" - 6 46'-6 PV:C: O 7 S M, S 71.2)'58'W -19540 s 295.46' x. • 31t 24" SWALE 0 0.5% MIN.v APPROX. LOC. OF .12'.,WATER EASE. TO BE,VACATEO E • GROVE STREET TENTATIVE SUBDIVISION MAP 2007-59 S . , ,-... 1 '- 1_. -_,i...,1;.'.• • . ; .. ' ' • 1 • I '1 ..' .., • !: ' ;•. - , ••-,1 i xi- '.. ..,i,—...,....- ..."''...- , . ., , . ,,,v, . ,,_ • - -, ':.. . ' , •-• • ;'', n\l':-•- .. ; .. '' '. ,•,.....4141. ,.. • : • ,7- -11 F-E110,-.12—_, ' , li • '`.a'•'! i lH :1; 1'. • In •i _ 1! _._..; , „. , — _..A._.i._. ., • . ' 1..,._• . . !! .1; .;•4 . . • _:,,, _ 1. ,,. .....g.r.....:1.. 11 2 11 ...."•;14-21- - • __ . . .. ) i 1 •', i• • . . - - ' .,IF -±1' ;• -, .--41.,•, , • t.. : :. i 21 e. .. kgi—. '''''‘i-rt-: •-7''' '1 '1 1 ' : • "s• . .' I: :: ..•:' ,g2' .. r., 1 . : — '. !ft gg glIcesett vts 4. - L ., ' -,-.1.- !'; _ t 'r ;;-'0 '• 1 ... ' i ) '.. : t fil;• • :g • t —. -4 1 .1 il. I ' '.---'' ' ")‘• 1./ 1 :! . I ' • .> '.77------ - -.7.-..i '-',-i-?7.1,-.!: - , , ' • 11 I ii ,m • : ,; ,• • + .-L ''-'''-':-,;:'.1•-'). !-' )1 ',' ':i ' - • " le •I •• r,f•i i• • i • . I P.)17 Ltgil; I 1! ' ' . ._L . '• ..PE Ti/ EE L1I.vEC. E EP: E.,'•Fc, r . HE • /;=•/:' u sun SHEET 2 OF 2 SHEE7S Conceptual Landscape Plan 2121 Grove Street National City, California Dote : 5/27/09 5' HT. Wood Faro' CC of 1 Ilru 11TFr i fib 0 CC Lot Z. vI \e -{}I11 -!III!! 1111I ■ Or Lot 7 m A \ i_o Lot 3 ! ,, A Lot 4 1W. 5' HT. Wood Fwnw r Lot 5, Conceptual Irrigation Plan 2121 Grove Street National City, California Date : 5/27/09 4 000 1 00-� 100i�Ii ■ A 1110.1A ■ M A ■ A ■ /M A ■ A ■ A ■ A ■ M A ■ A ■ A ■ MN ■ A ■ w��.00 • r1 2ND FLOOR 9'-0" 40_ 1ST FLOOR GARAGE CONCEPTUAL WEST ELEVATION- 2 STORY TOWNHOUSE MATERIAL SUMMARY: EXTERIOR FINISH: CEMENT PLASTER GARAGE DOOR: OIL STAINED DOORS: OIL STAINED WINDOWS: VINYL ROOF: BARREL CLAY TILE SCALE: GROVE STREET NATIONAL CITY, CALIFORNIA 2ND FLOOR 1ST FLOOR 0'-0" GARAGE CONCEPTUAL SOUTH ELEVATION- 2 STORY TOWNHOUSE GROVE STREET NATIONAL CITY, CALIFORNIA SCALE: immt 0' 4' 6 s- MATERIAL SUMMARY: EXTERIOR FINISH: CEMENT PLASTER GARAGE DOOR: OIL STAINED DOORS: OIL STAINED WINDOWS: VINYL ROOF: BARREL CLAY TILE f f ��A•w A•w•A■A•A•A•A•A•A•w■A• w•A•A•w•A•w•A�� rOm•A■A■AAA■A■A■wrArArA■A■A■A■A■A■A■A■ArArA■A■AIN^� w w w A A A w A w A w w w w A w A A A A A A w A w w ••••..�� .00 0000 a irwrA■A■w■A■ArA■A■A■A■A■A■A■ArArA■A■A■A■A■A■w■A■Arw■ArArwtwrA■AtAtA■W��` �w� A A A A A A A A w A■A■A■A■A■A � 18' 0" • ;A■A■A■A■A■A■AA 2ND FLOOR 1ST FLOOR L CONCEPTUAL NORTH ELEVATION- 2 STORY TOWNHOUSE MATERIAL SUMMARY: EXTERIOR FINISH: CEMENT PLASTER GARAGE DOOR: OIL STAINED DOORS: OIL STAINED WINDOWS: VINYL ROOF: BARREL CLAY TILE SCALE: 0' 2' 6' 0'-0" GARAGE GROVE STREET NATIONAL CITY, CALIFORNIA 0 - - - 922"-4- 2ND FLOOR •• 0'4Y* 1 ST FLOOR CONCEPTUAL EAST ELEVATION- 2 STORY TOWNHOUSE SCALE: MATERIAL SUMMARY: EXTERIOR FINISH: CEMENT PLASTER GARAGE DOOR: OIL STAINED DOORS: OIL STAINED WINDOWS: VINYL ROOF: BARREL CLAY TILE GROVE STREET NATIONAL CITY, CALIFORNIA { 24'-0" N 20'-9Y2" I I '-8" 33'x 2" TRASH 33"x 2i' RECYCLE 33'x26/2' LAWN R MMINGS 7 \ / \ / \ / \ / \ / \ / \ / \ / \ / \/ z /\ / \ / \ / \ / \ / \ / \ / \ / \ / \ / \ -CAR GARAGE 23'-4" x 24'-0" 559 SQ. FT. UP 1 CONCEPTUAL BASEMENT PLAN TOWNHOUSE SCALE: 3/G'= I'-0" T SQUARE FOOTAGE I st Floor: 1139.67 SQ. FT. 2nd Floor: 999.54 SQ. FT. Total: 2 139.2 I SQ. FT. DINING ROOM !O'-9 x 7'-10' 00 LIVING ROOM 1 G'•G• x 5'-9" —4— KITCI1EN I 5'-0" x 7'-6' ----1}REF { I C= UP FOYER 7'-2' x 5'-6. ) •TM x 10-6' •WI:4'-9 x J CONCEPTUAL FIRST FLOOR TOWN1'0U5E SCALE:%'= 1'-O" BEDROOM ! 2- 10' x 10'-6' FAMILY ROOM b'-5' x 1 2'-6" SQUARE FOOTAGE I st Floor: 1 139.67 5Q. FT. 2nd Fioor: 999.54 5Q. FT. Iota!: 2 ! 39.2 1 5Q. FT. 4 f MASTER BATH 13-3" x 7'-6" MASTER BEDROOM 15-6" x 13-6" 1 K S 1 T T �i MASTER iN CLOSET 6'-9" x 7-6" R5 I4* TH "x7- InI DOWN STiCK W/ LINEN CABINET CONCEPTUAL SECOND FLOOR TOWNhOUSE SCALE: 3/G"= I'-0" OPEN TO FOYER BELOW BEDROOM !2'-IO"x IO'-I0' BEDROOM 15'- 10" x 12'-2" SQUARE FOOTAGE I st Floor: 1139.67 SQ. FT. 2nd Floor: 599.54 5Q. FT. Total: 2 139.2 ! SQ. FT. 2121 Grove Street (afilbnria FR OAr 0' 2: 4' GARAGE PLOOR MATERIAL SUMMARY: FRONT DOOR: Roof`: SPECIAL PEATn GARAGF DEXTEIRIOR �� PLAS?'E 4ORS Oft R 4Iiv OIL STAINED HARREL oEA V TILE PRIOR PLANTER STAINED AND siturrERs GROVE S National City, REET California ROOF PLATE 6014110 1ST FLOOR RIGHT SIDE ELEVATION.- COTTAGE UNIT C '. 0• .2' MATERVIL SUMMARY: EXTERIORFINISH: CEMENT PLASTER SIDE R: METAL ROOF; BARREL CLAY TILE GROVE STREET National City, California LEFT SIDE EL.EVA SCALE: i'ION- COTTAGE UNIT 0' 2' 4' MATERIAL S UMMA . RY. EXTERIOR FINISH: CEMENT PLASTER ROOF: BARREL CLAY TILE GROVE STREET National City, California ROOF PLATE 27'-0" 19'-4" 2ND FLOOR 1ST FLOOR 0'-0" 3RD FLOOR 19?-0" iST FLOOR oi-o" REAR ELEVATION- COTTAGE uNrr C MATERIAL SUMMARY: EXTERIOR FINISH: CEMENT PLASTER DOOR: ATRIUM DO 0 R ROOF: BARREL CLAY TILE SPECIAL FEATURES: DOOR AND PATIO PARTIAL COVER GROVE ,STREET National City, California Ikl LIVING ROOM 13'-3" x 15'-0" COAT CLSET CL POWDER (03" x 6'-0 U 11 DINING ROOM 10'-3" x 10'-6" II 7I- I __J d o KITCHEN r001 9'-0" x 10'-3" . 1 001 RE-F J Wh_J GARAGE 20'-0" x 20'-0" i' I CONCEPTUAL FIRST FLOOR 3-5TORY COTTAGE SCALE: 3/6"= I'-0" SQUARE FOOTAGE First Floor: 608.78 SQ. FT. Second Floor: 999. i I SQ. FT. Third Floor: 623.1 I SQ. FT Total: 223 y. FT. MASTER BEDROOM 16'-2" x 19'-0" r— COAT CLOSET R+S MAST RS5 MASTER CLOSET 6'-0" x 8'- 10" BATH J x 10'-6" D BEDROOM 10'-3" x 10'-9" -- DESK u-) SKYLIGHT BEDROOM 10'-3" x 10'-9" u a CONCEPTUAL SECOND FLOOR • 3-STORY COTTAGE SCALE: 3/, s"= I '-0" SQUARE FOOTAGE First Floor: 608.78 SQ. FT. Second Floor: 999. i I SQ. FT. Third Floor: 623. 115Q. FT Total: 2231 SQ. FT. DEN 19'-7" x 22'-3" z 0 — SHELVING CONCEPTUAL THIRD FLOOR 3-STORY COTTAGE SCALE: 3/6"= 1 '-0" OFFICE 10'-3" x 13'-3" -- OPTIONAL DES ---- SQUARE FOOTAGE First Floor: 608.78 SQ. FT. Second Floor: 999.1 I SQ. FT. Third Floor: 623. 1 1 SQ. FT Total: 2231 )FT. ice./;s/,/,//jpj/■■/.//,///iim,.■■,/,�,a•ti • • 2ND FLOOR 1ST FLOOR 1. (CONCEPTUAL NORTH ELEVATION- EXISTING RELOCATED COTTAGE UNIT SCALE: MATERIAL SUMMARY: EXTERIOR FINISH: CEMENT PLASTER GARAGE DOOR: OIL STAINED DOORS: OIL STAINED WINDOWS: VINYL ROOF: BARREL CLAY TILE GROVE STREET NATIONAL CITY, CALIFORNIA c i! i�i�i�l�i.lmi1i••i•r�� • 9'-0" 2-ND FLOOR A. 1ST FLOOR `r CONCEPTUAL SOUTH ELEVATION- EXISTING RELOCATED COTTAGE UNIT SCALE: 0' 2' 4' 6' MATERIAL SUMMARY: EXTERIOR FINISH: CEMENT PLASTER GARAGE DOOR: OIL STAINED DOORS: OIL STAINED WINDOWS: VINYL ROOF: BARREL CLAY TILE GROVE STREET NATIONAL CITY, CALIFORNIA NJ _ ..;..,u ......,■.■ ■ . uu...,■ . u,■ m ..... _ 11 •1 9'-0" 2ND FLOOR 0'-0" 1ST FLOOR CONCEPTUAL EAST ELEVATION- EXISTING RELOCATED COTTAGE UNIT SCALE: 0' 2' 4' MATERIAL SUMMARY: EXTERIOR FINISH: CEMENT PLASTER GARAGE DOOR: OIL STAINED DOORS: OIL STAINED WINDOWS: VINYL ROOF: BARREL CLAY TILE GROVE STREET NATIONAL CITY, CALIFORNIA FRONT DOOR/ ENTRY PORCH i :0:Wilke :;..:..:..;i. .i a,: ..:i..i.i.i.,..i.i.i T— ..,.,.,.,.,...,.,.,..r... IN i• 9'-0" 2ND FLOOR - 0'-O" 1ST FLOOR CONCEPTUAL WEST ELEVATION- EXISTING RELOCATED COTTAGE UNIT SCALE: MATERIAL SUMMARY: EXTERIOR FINISH: CEMENT PLASTER GARAGE DOOR: OIL STAINED DOORS: OIL STAINED WINDOWS: VINYL ROOF: BARREL CLAY TILE GROVE STREET NATIONAL CITY, CALIFORNIA 2-CAR GARAGE 19'-3' x 2CY-3' RN --- KITCHEN 0f 19'-8• x 13'-3' DINING ROOM x I I'-5' BEDROOM I'-5• x 9'.2• Rs5 LIVING ROOM 15'-3 x 20'-3' CONCEPTUAL FIRST FLOOR EXISTING hOU5F 5CA1 ": y•= I' 0" UTILITY 7'-2' x 7'-7" I p II� UP BEDROOM x 9'-5' BEDROOM 9'-9• x 7'-8• SQUARE FOOTAGE First Floor: 133G 5Q. FT. 5ecc-d Floor: 485 SQ. FT. Me 13 Room: 41 5 50. FT. Total 2236 50. F(. 28 \ i ART STLJ9LQ MtIplA ROOM / 19'-3' i / \ / \ / \ / \ \ \ DOWN v DOWN uI Rc5 CLOSET 5'-0' CONCEPTUAL SECOND FLOOR EXISTING !1OU5[ SCALE, Yc'= !'-0' Y BATH x 5'-O' MASTER BEDROOM 15'-7' x 19'-4" SITTING ROOM 7'-8" x 8'-2' SQUARE FOOTAGE First floor: 1336 SQ. FT. Secocd Floor: 485 5Q, FT. M�da Room: 41 5 5Q. FT. Tota: 2236 50 I' 29 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 5, 2009 AGENDA ITEM NO. (ITEM TITLE Public Hearing and Negative Declaration for a Proposed 7 Lot Residential Tentative Subdivision Map, Including 9 Requests for Exceptions, For Lot Size, Lot Width, and Street Frontage, a Variance Request for Three Story Units, Setbacks, and a Request to Waive Undergrounding of Utilities Fronting on Prospect Street on 0.71-Acre Site at 2121 Grove Street (Applicant. Arnold Schmidt) (Case File No 2007-59 S, IS, Z) PREPARED_BY Peggy Chapi EXPLANATION 336-4319 DEPARTMENT Planning Division The project site contains an existing residence located on the east side of Grove Street, north of 22nd Street with frontage on both Grove Street and Prospect Street. The parcel is zoned Single -Family Extendible (RS-3-PD) The project was originally proposed as a nine (9) lot residential subdivision including a density bonus with one unit reserved for a low income household. The Planning Commission conducted several public hearings and recommended denial on December 1, 2008. The request was scheduled Council consideration on December 8, 2008. At that time, the applicant requested a continuance and again on February 3, 2009 in order to redesign the project. A project redesign was submitted on March 16, 2009 consisting of seven (7) parcels with requests for exceptions to lot size, lot width, and lot frontage, variance for setbacks and story height, and underground waiver request. Due to the extensive revisions, it was necessary to revise the environmental evaluation, renotice the project, and conduct a public hearing before the Planning Commission. The Commission considered the seven lot subdivision request and recommended denial on April 6, 2009. The attached background report describes the project request in more detail. Environmental Review N/A Proposed Negative Declaration (2007-59 IS) Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends approval of the Tentative Subdivision Map, Negative Declaration, and Underground Request Waiver. BOARD / COMMISSION RECOMMENDATION Planning Commission recommended denial of the Tentative Subdivision Map and Underground Waiver Request Vote: Ayes- Alvarado, Farias, Flores Reynolds Nayes. Pruitt, • Absent. Baca, DeLaPaz ATTACHMENTS ( Listed Below ) I . Background Report 2 Planning Commission Reso. No. i-2009 Including Findings of Denial 3 t ocation Map Resolution No. 4. Recommended Findings and Conditions of Approval Proposed Negative Declaration 6. Delta Consultants, Inc. Letter and Undergrounding Cost Estimate Project 7. Plans March 16, 2009 30 A.200 (9/99i BACKGROUND REPORT Site Characteristics The 0.7 acre site, located at 2121 (;rove Street, is zoned Single -Family Extendible (RS-3-PD). The site is situated on the east side of Grove Street, north of 22nd Street with frontage on Grove and Prospect Streets (see attached Location Map). The surrounding neighborhood consists of a mix of single-family residences and small apartment buildings. Adjacent land uses consists of two single -story residences to the south and a two-story residence and two-story apartment building to the north. An existing remodeled two-story, single-family residence, detached garage, and tool shed are located on the parcel. 'Mc remainder of the lot is unimproved with limited landscaping and a retaining wall fronting Grove Street. The existing residence is situated at an elevation of 163 feet, roughly the highest point on the site. The property slopes towards the east to Grove Street and to the west towards Prospect Street. Access is provided from a driveway along (trove Street and a pedestrian access on Prospect Street. Land Use Designation and Permitted Density The General Plan / Zoning designation is Residential Single Family 3 — Planned Development (RS-3-PI)) The minimum lot size is 5,000 square feet and based on the 30,926 square foot parcel, the allowable density is six units (30,926/5,000 s.f. minimum lot size = 6.18 or 6 lots). Project History The applicant originally submitted a request for a nine lot residential tentative subdivision map with the intent to relocate the existing residence on site and construct eight (8) new residences on individual parcels. The request included an increase in allowable density with the provision to provide one affordable housing unit for a low-income household. The Planning Commission conducted several public hearings to consider the application and on December 3, 2008 recommended denial of the request. At the request of the applicant, the City Council continued the project on December 18, 2008 and again on February 3, 2009 to allow the applicant to prepare a revised tentative subdivision map. Since December, the applicant submitted a revised tentative subdivision map reducing the number of lots from 9 to 7 and eliminated both the density bonus request and the reservation of one low income household unit. This revised application includes a variance request to allow for an increase in the number of stories permitted and reduced setbacks for Tots 1-4; exceptions from the subdivision ordinance to allow for reduced parcel size, lot width and lot frontage; and a request to waive undergrounding for utilities that would not serve the project. The revised plans were considered substantial enough to warrant reevaluation of the environmental analysis. The project was renoticed and a public hearing conducted before the Commission on April 6, 2009. The Commission considered the request and recommended denial in a 4-1-2 vote. Proposed Request Grove Street Homes (lots 1 -- 4) Four of the Tots are proposed to front on Grove Street. Three of these units would have a 0 set back on one side and a five foot side yard on the other side. The fourth lot would have five foot side yard setbacks, consistent with the Land Use Code. All four of the parcels would have a ten foot front yard setback and 35- foot rear yard setbacks. The proposed parcels are roughly 30 to 35-feet by 93-feet resulting in 2,790 3,255- square foot parcels. The standard parcel size is 50-feet by 100-feet resulting in 5,000 square foot minimum lot sizes. In addition, each residence would have a private stairway along the side yard to access the rear yard which is 10-feet above the front yard. The garage of each unit would be constructed into the hillside with the living areas extending two stories above the garage. 31 Prospect Street Homes (lots 5 - 7j The remaining three lots are proposed to share access along a shared private roadway from Prospect Street. These homes would all face the interior driveway and each home would have a private, fenced yard of varying sizes. The existing 1,896 square foot home would be relocated to Lot 5, directly behind lots 3 and 4. The home would he improved with a detached with a second story media room or guest unit, four bedrooms and 2-2/2 bathrooms. The exterior would reflect a similar design style of the other units with a hip red -tile roof and similar architectural detailing as the other homes on site. The other two homes are proposed as 3-story structures a maximum height of 32-feet, with two -car garages and floor plans including 4 to 5 bedrooms. The following table reflects the details of the request: Lo Lo 2- I. 5 Lo Lo Lot Size Unit Size Setbacks Proposed Stories/Height Permitted Parking Open Space (square ft) 2,790 s.f. 2,105 s.f. 540 s.f. garage 10' front yd 5' side yd. 35' rear yd 2-story with basement/23ft. 2 car garage 1,225 s.f. rear yard 100 s.f. balcony is 4 2,790 s.f. 2,645 s.f. 540 s.f. garage 10' front yd. 5 & 0' side yd. 35' rear yd. 2-story with basement/ 23ft. 2 car garage 050 s.f. rearear yard 100 s.f. balcony it 6,380 s.f. 1,719 s.f. 400 s.f. tnedia/guest unit 400 s.f. _ara:e 5' & 19' side yards 27' rear yd 2-story / 32 ft. 2 car garage 3,099 s.f. Rear and side yard, l00 s.f. balcony t 6 5,230 s.f. 2,297 s.f. 400 s.f. garage 20' & 5' side yards 28' rear yd 3-story / 32 ft _ 2 car garage 1 surface — 2 car garage 1 surface o si2,5d s.f. two side yards l 7 7,560 gross s.f. 5,160 net s.f. 2,297 s.f. 400 s.f. garage 50' front yd. 5' side yards 35' rear yd 2-story / 32 ft — re3,ar s.f. rear yard — — Architectural Design The Spanish/Mediterranean style homes would not have a functional front yard but rather the homes have been shifted forward on the Tots by 10 feet, providing each of the homes with a larger private, fenced rear yard, approxirnately 900 square feet in size. While various exterior color schemes are proposed, the primary construction materials include a cement plaster finish, stone and wood accents, and clay roof tiles, with decorative wrought iron, awning, and shutter accents. Exceptions, Variance and Underground Waiver Request: Requested Variance for Height (3 story) and Front and Side YardSetbackjSection 18.114) The variance requests include: 1. To allow three 3-story homes on Lots 6 and 7 in order to take advantage of the views to the west from the property. The Land Use Code allows homes in single-family zones to be built as 1 or 2-story buildings, up to a height of 35 feet. While the home on these lots will be less than 35', the request for a third story is not permitted under current zoning regulations. The three story units would have no 32 impacts to views of surrounding properties since the subject project is at a higher elevation than the neighboring properties. The two units would have limited over viewing to properties to the north as landscaping would be provided along the property lines and the living portion of the residence would he on located on the first floor. 2. To allow 0 side yard setbacks for lots 2. 3, and 4. As a result of the proposed subdivision design and narrow lots, a variance is requested from the standard 5 foot side yard setback to 0 feet and for reduced front yard setbacks for lots 1 — 4 from 20-feet to 10-feet. The reduced side yard setbacks allow for adequate access along one side and a condition is included required a maintenance access easement to maintain the buildings with the wall bordering the adjacent lot. 3. To allow for ten (10) foot front_yard setbacks for lots 1 — 4 when a twenty (20) foot setback is remc uired. The reduced front yard setback would limit the amount of driveway parking however; each unit is provided with a two -car garage, there is adequate street frontage, the property line is 10 feet behind the curb, and there are no residences across Grove Street as it borders the freeway on the west side. Requested Exceptions per Subdivision Code (Section 17.07.060) The applicant has requested exceptions to lot size, frontage on a public street and lot width in accordance with Section 17.07.060. Lot Frontage: The Land Use Code 18.14.210 requires all parcels provide frontage on a public street. The applicant proposes to have two of the six parcels front on a private street. Exception requests for lot frontage are frequently requested to allow for the development of deep lots, such as flag -lots, or when proposed Tots front on private streets. These exceptions are consistent with the lots proposed off of Prospect Street (Lots 5 and 6). 2. Lot Width: Similar to lot frontage, the Land Use Code requires a minimum lot width of 50 feet. Four of the six parcels would provide less than the minimum lot width of 50 feet. Parcel 1 would be 35-feet wide and lots 2-4 would have lot widths of 30-feet each. 3. Lot Size: The 30,875 square foot parcel can be subdivided into six parcels of approximately 5,000 square feet each. The applicant requests to have parcels ranging in size from 2,290 to 7,300 square foot parcels in order to develop four parcels into the slope, thereby reducing grading and to take advantage of view corridor across Interstate 15. While the density of the proposed project (9.85 du/ac) is slightly higher than allowed under our General Plan for the RS-3-PD zone (8.7 du/ac), the proposed development does comply with several other important General Plan policies, as previously mentioned. In addition, the surrounding area, although currently zoned for single family residential, includes a mix of single-family and small apartment buildings. There are two single -story homes immediately adjacent to the south, a two-story home and a two-story apartment building adjacent to the north of the site with access from Prospect Street. Additional multi -family residential units are located south across 22Id Street and immediately across Prospect Street as well. The proposed project would result in seven single family homes with lot sizes ranging from 2,790 to 7,318 square feet. In the past, the City has approved single-family subdivisions and parcel maps of lot sizes less than the minimum 5,000 square feet. This has occurred in ten parcel maps/subdivision maps over the past six years with lot sizes ranging Tess than 2,000 square feet. Typically, there are other parcels within the subdivision that are greater than 5,000 square feet and due to limitations of the site such as existing structures, access, or grading the Commission and/or Council has approved the lot size variations. The proposed project is limited by a steep slope fronting Grove Street and reduced frontage along Prospect 33 Street. The applicant has designed the units fronting Grove Street situated within the slope to reduce grading and allow for a larger rear yard. The other three units would take access from a private road along Prospect Street Requested Underground Wavier fir a Portion of the Project Site. Pursuant to Municipal Code Section 13.08.020 with the approval of all subdivisions, "all existing or proposed electrical, telephone or similar distribution utility facilities shall be placed underground". 'Hie applicant proposes to underground the utilities serving the project from a pole on the west side of Grove Street to the property and to underground utilities within the project site. I lowever, there is an existing pole fronting the project on Prospect Street which the applicant proposes to retain and is requesting City waive the requirement to underground all utilities on and abutting the property pursuant. The utility pole on Prospect Street serves homes to the north, south, and east.. The applicant's consultant identified three ways to underground the pole; however in each case another pole would have to be installed on the east side of Prospect Street and estimated cost of $60,000 would be prohibitive. A copy of the estimate prepared by Delta Consultants, Inc. is attached. Section 13.08.050 provides for exceptions to the requirement to underground utilities provided that exceptional circumstances exist or it would be impractical to underground service to any portion of the proposed development. As stated above, the utility pole fronting the project site on Prospect Street would not serve this project and would result in installation of a pole on the east side of Prospect Street. However, should the utility plans reveal the need to provide service from Prospect Street, undergrounding of the utilities to the site would be required. Community Concerns At each of the public hearings conducted at the Planning Commission, several members of the community voiced concerns. At the recent hearing on April 6, 2009, community concerns raised included the excessive number of exceptions and variances requested, the increase in allowable density, and the impact on community characteristics. Environmental Review This project is subject to the California Environmental Quality Act (CEQA) to consider potential impacts to environmental resources. Based on an analysis of potential project impacts, a proposed Negative Declaration was prepared. A 20-day public review period ended on April 6, 2008 and no comments were received during this review period. SUMMARY The project has been modified considerably to address community concerns since the original submittal. In addition to the reduced number of units, architectural details of each unit have been enhanced to provide balconies, wall plane and roof line variation, and window treatments. The variance requests for reduced side yards for parcels 1 through 4 and increased stories for lots 6 and 7 will create opportunities for views to San Diego bay, allow for increased rear yards, and reduce the amount of grading. Overall, the project utilizes an underutilized parcel and provides quality development and opportunities for home ownership as encouraged by the City's General Plan. The proposed 7-lot subdivision is consistent with General Plan I lousing Element goals encouraging creation of housing opportunities for all income levels (Policy 3.2), the facilitation of urban infill development to promote higher rates of homeownership (Policy 4.8), and the production of new housing affordable to all income ranges (Policy 4.3). 34 RESOLUTION NO. 5-2009 A RESOLUTION OF THE PLANNING COMMISSION OF TT 1E CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING DENIAL OF A PROPOSE{) PROJECT FOR A SEVEN LOT RESIDENTIAL TENTATIVE SUBDIVISION MAP INCLUDING REQUESTS FOR EXCEPTIONS FOR LOT SIZE, LOT WIDTH, AND STREET FRONTAGE, VARIANCE REQUESTS FOR THREE STORY UNFI'S, SETf3ACK.S AND RECOMMENDING DENIAL, OF A REQUEST TO WAIVE UNDERGROUNDENG OF UTILITIES FRONTING PROSPECT STREET ON A 0.71-ACRE SITE AT 2121 GROVE STREET. APPLICANT: ARNOLD SCHM[DT. CASE FILE NO: 2007-59 S, IS, Z APN: 561-380-24 WHEREAS, application was made for approval of a Tentative Subdivision Map Request for seven parcels with exceptions for density, setbacks, lot size and frontage, a variance request for three-story units and reduced front and side yard setbacks, and a request to waive undergrounding of utilities fronting Prospect Street on an approximately 0.7 acre site at 2121 Grove Street on property generally described as: Lot 15, 16, 17, 178 and 19 in Block 1 of Westview First Subdivision, in the city of National City, County of San Diego, State of California, according to Map thereof No. 1784, filed in the Office of the county Recorder of San Diego County, March 6, 1924 Also Lots 30 to 34 inclusive in Block 1 of westview First Subdivision, in the City of National City, County of San Diego, State of California, according to Map thereof No. 1784, filed in the Office of the County Recorder of San Diego County, March 6, 1924, excepting therefrom the easterly 100 feet of Lots 30 and 31 and the southerly 12 feet of the easterly 100 feet of Lot 32 in said Block 1. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a duly advertised public bearing held on April 6, 2009, at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report provided for Case File No. 2007-59 S, IS, Z which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, 35 WHEREAS, evaluation of the project in accordance with the California Environrnental Quality Act is not applicable at this time since the proposed project is not recommended for approval, and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, 'C[IEREFORF, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on April 6, 2009, support the following findings: RECOMMENDED FINDINGS FOR DENIAL. OF THE SEVEN PARCEL TENTATIVE SUBDIVISION MAP, EXCEPTION REQUESTS, VARIANCE REQUEST, AND TE IE REQUEST TO WAIVE UNDERGROUNDENG OF UTILITIES FRONTING PROSPECT STREET 1. The proposed subdivision map would have a significant effect on the surrounding neighborhood since the proposed seven parcels would result in a development at a density of 9.85 dwelling units per acre which is greater than the permitted density of 8.7 dwelling units per acre and four lots with significantly smaller than the 5.000 square foot minimum lot size within the Residential Single-Family-3 (RS-3 zone) which would have the potential to diminish the character of the neighborhood of predominantly single-family residences on minimum 5,000 square foot parcels. 2. The proposed exceptions for reduced lot size, reduced street frontage, and reduced lot width are excessive in allowance of exceptions and would result in an increase in allowable density for the RS-3 zone and the lot sizes would he inconsistent with surrounding development that reflect parcel sizes typical of the RS-3 zone and the proposed development includes three lots with 2,790 square feet each and one lot of 3,255 square feet and would not comply with the intent of the Subdivision Ordinance. 3. The property is not so unduly constrained by topography and/or configuration that would deprive the property owner's ability to develop the property in a similar, less divergent manner from surrounding properties by adhering to the Land Use Code and that the proposed development might affect the stability of the neighborhood and quality of life, since it would introduce three story structures into a residential area where three story units are not permitted and diminish privacy to adjacent residences; establish units with minimal separation that would appear as multi -family units into a primary single-family residential community; and create minimal area for front yard landscaping for units fronting on Grove Street 4. The waiver to underground existing utilities fronting on Prospect Street would he detrimental to the public health, safety, or welfare since the General Plan supports undergrounding of utilities with new development in order to increase aesthetics of surrounding areas and thereby, waiving 36 the requirement to underground all utilities on or fronting the property would be inconsistent with General Plan goals. 13E 11 FURTHER RESOLVED that the Planning Commission has considered the proposed "Tentative Subdivision Map, exceptions, variances and waiver of undergrounding (2007-59, S, IS, V) requested by the applicant, together with any comments received during the public review process, and finds on the basis of the whole record finds that the project will have a significant adverse effect on the preservation of the public health, safety and general welfare recommends denial of the proposed development. [3E IT HAULIER IER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of April 20, 2009 by the following vote: AYES: NAYS: ABSENT: ABSTA[N: Farias, Alvarado, Reynolds, Flores Pruitt Det.aPa•z, Baca 37 13 1g 1939 1g21 AO0 0 010 201 2005 0 2j; 2033 L ; A • 100 0 100 200 Feet 221j 23` 130 rn 2222 2205 292 1930 1 131 2203 S�REE� �O 22p2 221Q \,...- --- - --'' \ 1945 "J 0 264 2p20 203 _ 0 2' 22% PROJECT AREA 0 2221 220 213? 223� NA LOCATION MAP 2007-59 S, IS, Z Tentative Subdivision Map and Finding of No Significant Environmental Effect for a subdivision with nine (9) lots at 2121 Grove Street 00 NATIONAL CITY PLANNING DRN. DATE: 5/27/08 PC HEARING: 4/6/09 CASE NO. 2007-59 S, IS, Z 2121 GROVE STREET RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTAT[VE SUBDIVISION MAP 1. The proposed map will not have a significant effect on the environment since the site is currently developed and is located within a fully urbanized area. 2. The proposed map is consistent with the National City General Plan and Housing Element, since the General Plan/Zone designation for the site, Single -Family Extendible - Planned Development, RS-3-PD, provides for the creation of single-family homes and the project is consistent with General Plan housing Element goals, including the creation of housing opportunities, promote higher rate of homeownership (Policy X, pp. 26), and the production of moderate and middle income ranges to allow mobility in housing supply (Policy S, pp 25)). 3. The site is physically suitable for the proposed type of development, since the project would include seven single-family homes with adequate parking and open space, in an urbanized, developed area, and since there are no unusual geologic hazards on -site. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since there is no natural habitat nor bodies of water on the site, and the site is surrounded by urban. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since any easements located on the site will be relocated by condition of approval. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (conunencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. 39 RECOMMENDED FINDINGS FOR APPROVAL OF TIIE REQUESTED EXCEPTIONS FOR LOT SIZE, FRONTAGE AND WIDTH 1. The property to be divided is of such size or shape, that it is impossible or impracticable in this particular case to conform fully to the subdivision requirements, since the 0.71 acres parcel would be impracticable to divide due to lot slope and frontage on Prospect Street and also be consistent with the subdivision ordinance and the development pattern of the surrounding residential lots. 2. The exceptions will not be detrimental to the public health, safety, or welfare, or be detrimental to the use of other properties in the vicinity, since the proposed subdivision provides for access, parking, utilities, and other required amenities for the seven proposed residential parcels within the site, as required by the Land Use Code. 3. Granting of the exceptions is in accordance with the intent and purposes of this Title, and is consistent with the General Plan and with all specific plans or other plans of the City, since the General Plan and Housing Element encourage the creation of home ownership opportunities which the requested exceptions facilitate, and since the functional design of the proposed subdivision is compatible with adjacent and nearby development consistent with the intent of this Title. RECOMMENDED FINDINGS FOR APPROVAL OF THE REQUESTED VARIANCES FOR FRONT YARD SETBACK FOR LOTS 1 — 4, SIDE YARD SETBACKS FOR LOTS 2 — 4, AND THREE STORY UNITS FOR LOTS 6 & 7 1. The proposed variance for reduced front yard setbacks for lots 1 — 4 is requested due to the steep slope along Grove Street and strict adherence to the front yard setback would result in increased grading, wall heights, and reduced rear usable rear yards which would deprive the property owner to develop the property in a similar manner of surrounding properties and since adequate parking would be provided within the two -car garage for each unit and parking is available across the street, the requested variance would not have an adverse impact on surrounding properties. 2. The proposed variance for reduced side yard setbacks for lots 2 -- 4 is requested to provide for development of single-family units consistent with the zoning and allows for maintaining standard five foot side yard setbacks on one side to enable adequate access to rear yards and the proposed development would be detached single-family units as encouraged by the General Plan. 3. The proposed variance for three story units on lots 6 and 7 is requested to allow for adequate open space on each of the parcels restricted due to the required shared private roadway to provide access thereby reducing open space opportunities and since the three story units would not have a substantial adverse impact on surrounding properties as overviewing would be minimized since landscaping would be installed along the northern property line. 4. The proposed variances would not have a specific adverse impact upon public health and safety or the physical environment since the proposed subdivision provides for access, parking, utilities, and other required amenities for the seven proposed homes within the site. 40 RECOMMENDED FINDINGS FOR RECOMMENDING APPROVAL OF THE REQUEST TO WAIVE UNDERGROUNDING OF UTILITIES FRONTING PROSPECT STREET 1. The waiver to underground existing utilities fronting on Prospect Street would not be detrimental to the public health, safety, or welfare or be detrimental to the use of other properties in the vicinity as the area is already developed, existing utility poles are prevalent in the surrounding area, the utilities serving the development will be located underground from Grove Street, and the removal of the pole on Prospect may result in installation of additional poles in the area, thereby waiving the undergrounding along the property boundaries of Prospect Street would not result in a substantial improvement.of utilities in the area. 2. The waiver to underground existing utilities would not result in decreased property valuation as there is not a comprehensive plan to underground utilities within the general area and the undergrounding to be completed on the project site during the development would serve to improve the property values in the arca. RECOMMENDED FINDINGS FOR APPROVAL OF NEGATIVE DECLARATION 1. That the Negative Declaration (2007-59 IS) has been prepared to address all potential environmental impacts and considered together with any and all comments received during the public review process; and, 2. That based on the whole record including the Initial Study, there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. 41 CASE NO. 2007-59 S, IS, Z 2121 GROVE STREET RECOMMENDED CONDITIONS OF APPROVAL General 1. This Tentative Subdivision Map authorizes the subdivision of one parcel into seven (7) lots for the development of 6 new single-family units and one existing unit relocated on parcel five. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits dated March 16, 2009 or as approved pursuant to the action of the City Council, Case File no. 2007-59 S, IS, Z. 2. Approval of the Tentative Map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code § 17.04.070. Planning Division 3. Within four (4) days of final 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 Division. 4. Before this Subdivision shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, 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 Subdivision. 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 inforniation that conditions imposed by approval of the Subdivision 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. 5. A detailed landscape and underground irrigation plan, including plant species, sizes, methods of planting, street trees, etc. shall be submitted for review and approval by the Planning Director prior to the issuance of grading permits for the site. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices, as well as details for all hardscape on -site, a 5 foot wood fence between each residence and along the northern and southern boundaries of the project site, and dense landscaping along the northern property line of lots 6 and 7 to screen potential ovcrviewing of the three story units. 6. To reduce the potential effects of elevated levels of ambient noise from the adjacent 1-805 freeway, the applicant shall provide a noise study prepared by a licensed acoustic engineer to indicate appropriate building methods and features required to reduce interior noise levels to below a 45dBA level, as required by Section 1207.11 of the 2007 CBC, as adopted by the City of National City. This study shall be submitted with the building plans and approved prior to the issuance of any building permits for the site. 42 7. If the entire site cannot be served by the utilities fronting on Grove Street and service would be provided to any or all of the units from Prospect Street, the utility service shall be installed underground. Building Division 8. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, California Fire Code and California Title 24 energy and handicapped regulations. 9. Television cable companies shall he notified a minimum of 48 hours prior to filling of cable trenches. Fire Department 10. The project shall be designed, developed and constructed in compliance with the California Fire Code (CPC) edition in effect at time of building permit issuance, the most current National Fire Protection Association (NFPA) Standards and City of National City Municipal Code and Ordinances as adopted by the City of National City. 11. The property must be addressed in a manner clearly visible from the street, subject to the satisfaction of the National City Fire Department. 12. The applicant shall maintain internal roadway access for fire apparatus in accordance with the current California Fire Code and California Vehicle Code by providing an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet, 6 inches. Where the internal access roadway width would be reduced below 20 feet due to parked vehicles, the applicant shall post "No Parking Fire Lane" signs and/or paint the adjacent curb or pavement (if no curb provided) red with "No Parking Fire Lane" stenciled in white letters at intervals of 25 feet, to the satisfaction of the Fire Marshal and City Engineer. Furthermore, the following rules shall apply unless an exception is granted by the Fire Marshall and/or City Engineer: 1) parking shall be prohibited on both sides for roadway widths less than 30 feet, 2) parking shall be prohibited on one side only for roadway widths between 30 feet and 40 feet, and 3) parking is permitted on both sides for roadway widths greater than or equal to 40 feet. 13. The developer shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow. If determined by the Fire Department that additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the final map approval. Engineering Department 14. The creation of a 20-foot wide easement for both utilities and ingress/egress for the benefit of lots 5, 6, and 7 from Prospect Street will be required. The easement shall be created on the final map. A maintenance agreement for the road and utility easement between Lots 5 - 7 shall be prepared and approved by the City Attorney and recorded with the Final Map. 15. Easements for drainage, utilities, and building maintenance access to lots 2, 3, and 4 with zero side yard setbacks for the benefit of each parcel shall be provided on the final map. A maintenance agreement for drainage, sewer, water facilities and building maintenance for lots 1 through 4 shall be prepared and approved by the City Attorney and recorded with the Final Map. 16. Easements for drainage, sewer and water, if determined necessary by the City Engineer, from and across lots 1 -- 4 for the benefit of lots 5 — 7 shall be provided on the final map. A 43 maintenance agreement for drainage, sewer, and water facilities be prepared and approved by the City Attorney and recorded with the Final Map. 17. The existing 12-foot wide Sweetwater Authority easement across the center of the property shall be vacated by the owner, at their expense. Proof of the quitclaim or a letter from SWA stating removal of the easement is not necessary must be submitted to the Engineering Department prior to issuance of any grading or building permits. 18. A hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off All Hydrology study findings and recommendations are part of Engineering Department's requirements. 19. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site issubmitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 20. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 21. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 22. A grading and drainage plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall he signed and recorded. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department. 23. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 44 24. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class I1 aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 25. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 26. Street improvements shall be completed in accordance with City Standards. All missing street improvements shall he constructed. Abandoned driveway aprons shall be replaced with curb, gutter and sidewalks. 27. A title report and grant deed shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 28. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall he posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 29. The final subdivision map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 30. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 31. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground, unless the City Council approves a request to waive the undergrounding request for utilities fronting on Prospect Street that do not serve the project. All services to the project site shall be placed underground.. 32. The final map shall be recorded prior to issuance of any building permits. 33. All new property line survey monuments shall be set on private property, unless otherwise approved. 45 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR PROPOSED NEGATIVE DECLARATION Project Title: Applicant: Address of Project: Project Description: Grove Street Homes, a proposed seven (7) lot single-family residential Tentative Subdivision Map and Variance located at 2121 Grove Street, National City, Case No. 2007-59 S, IS, Z Arnold Schmidt 3175 Cauby Street, #90 San Diego, CA 92110 A 0.71-acre site located between Grove Street and Prospect Street, just north of 22nd Street, within the City of National City (APN 561-380-24). The application consists of a Tentative Subdivision Map to subdivide a 0.71 acre parcel into seven lots, exception requests for density, setbacks, and lot size and a Variance request to allow three stories for three units within a single-family zone where two -stories are permitted and a reduced front yard setback from twenty (20) feet to ten (10) feet for three units. The Tentative Subdivision Map would create seven parcels that would allow construction of six (6) detached residences and relocation of one (1) single-family residence currently on the parcel. The project site is situated between Grove Street and Prospect Street to the north of E. 22nd Street. The site is zoned Residential Single-Family-3 Planned Development which allows for single-family development with minimum lot sizes of 5,000 square feet and a maximum of 8.7 dwelling units per acre. The applicant requests an exception to the allowable number of units permitted in the RS-3 zone of 8.7 dwelling units per acre. The proposed density is 9.8 dwelling units per acre with an average parcel size of 4,418 square foot parcels. The proposed subdivision would have lot sizes ranging from 2,790 to 7,569. The proposed subdivision would consist of four (4) parcels fronting on Grove Street and three (3) parcels taking access from a private street from Prospect Street. The existing residence is situated roughly the center of the lot at the highest elevation of 163 feet. The site slopes down away from the house, with steep slopes and a retaining wall to the west along Grove Street, and lesser slope down to Prospect Street to the east. In addition to the request for an exception to the density, the applicant requests the following additional exceptions: 1. Reduced lot size and lot frontage for the four parcels (Lots 1 -- 4) fronting on Grove Street 2. Reduced side yard setbacks for the three parcels (Lots 2 - 4) fronting on Grove Street from five (5) feet to zero (0) feet. 3. Frontage from a private street rather than a public street for Tots 5, 6, and 7. 46 1.1 v.,e,,, IPri I),,,... Proposed Negative Declaration Case File No. 2007-59 S, IS, Z The applicant requests a Variance for the following: 4. Increased number of stories (from two stories to three) for two units proposed on lots 6 and 7. 5. Reduced front yard setback for the four parcels (Lots 1 - 4) fronting Grove Street from twenty (20) feet to ten (10) feet. The applicant also requests a waiver from the requirement to underground all utilities on site. The applicant proposes to retain the existing utility pole fronting Prospect Street as it serves residential development across Prospect Street and relocate the utilities underground at Grove Street which will serve the site. A Negative Declaration is a statement by the City that no additional environmental analysis is necessary for the project because it has been determined that the project has not potential to cause environmental impacts that would significantly effect the environment. Negative Declarations are based upon preparation of an "Initial Study" that evaluates the potential environmental impacts. The draft Negative Declaration, Initial Study, and supporting document may be reviewed at the Planning Division, City Hall, 1243 National City Boulevard, National City, CA 91950. The Negative Declaration and Initial Study may be viewed the City's web site www.nationalcityca.gov. The 20-day public review and comment period for the proposed Negative Declaration shall begin on March 16, 2009 and extend until April 6, 2009. Written comments are encouraged to be submitted to the Planning Division at the above address. The purpose of the review period is to allow the public to comment upon the expected environmental impact of the project, and the adequacy of the Initial Study, and Draft Negative Declaration. For further information, contact Peggy Chapin at 619.336-4319 or pchapin@nationalcityca.gov. Date: March 11, 2009 Peggy Chapin, Principal Planner 47 IFORNIA ENVIRONMENTAL QUALITY A+ Environmental Checklist CALIEO?NIA -<t NLTI NAL envy O 10 1lJ ), .. (NCORPOR&TED CITY OF NATIONAL C ITY Planning Division 1243 National City,Boulevard National City, CA 91950 1. PROJECT TITLE/PROJECT #: 2. LEAD AGENCY: Contact: Phone: 3. PROJECT LOCATION: 4. PROJECT PROPONENT: Contact: Phone: 5. COMBINED GENERAL PLAN/ ZONING DESIGNATION: 6. ASSOCIATED APPLICATIONS: Grove Street Homes, a proposed 7 lot single-family Tentative Subdivision Map and Variance located at 2121 Grove Street, Case No. 2007-59 S, IS, Z City of National City Planning Division 1243 National City Boulevard National City, CA 91950 Peggy Chapin, AICP, Principal Planner (619) 336-4319 A 0.71-acre parcel situated between Grove Street and Prospect Street, just north of E. 22nd Street, within the City of National City (APN 561-380-24) Arnold Schmidt 3175 Cauby Street, #90 San Diego, CA 92110 Luis Naranjo (619) 224-0386 Single-family Extendible Zone, Planned Development Overlay, RS-3-PD Tentative Subdivision Map, Case No. 2007-59 IS, S, Z 7. PROJECT DESCRIPTION: The request includes an application for a Tentative Subdivision Map to create seven (7) individual parcels, on the east side of Grove Street on a 31,000 square -foot parcel currently improved with one single-family residence. The existing residence is situated towards the center of the lot at an elevation of 163-feet. From the 163-foot elevation, the site slopes towards the northwest to an elevation of 152-feet and to the east along Prospect Street to a 155-foot elevation. The request also include a Variance to allow three story residences on two parcels, Tots 6 and 7, when only two story units would be permitted per the Land Use Code Section 18.14.340. 48 Initial Study - Page 2 of 19 The General Plan and Zoning designation, RS-3-PD, would permit a density of 8.7 dwelling units per acre. The applicant proposes seven (7) single family parcels with a density of 9.8 dwelling units per acre. Four (4) parcels would front on Grove Street, each 30-feet wide by 93-feet deep with parcel sizes ranging from 2,813 to 3,255 square feet. The parcels would be developed with four (4) detached units, with a garage constructed within the slope as a basement and two stories of living space above the garage. Three (3) of the units would be constructed at property line on one side and a five (5) foot separation between the units. Each unit would have individual driveway access from Grove Street, an approximately 35' deep back yard and balconies. Three parcels, ranging in size from 5,221 to 7,569, would take access from Prospect Street. The existing single-family residence would be relocated to parcel 6 with major renovations including a detached garage with a recreation room above the garage. Units proposed on parcels 6 and 7 would be developed with three-story residences, not exceeding the maximum height of 35-feet and attached two -car garages. In addition to the exception request from the density standards, the applicant requests the following additional exceptions: 1. Reduced lot size and lot frontage for the four parcels, lots 1 — 4, fronting on Grove Street 2. Reduced side yard setbacks from five (5) feet to zero (0) feet on one side for the three parcels, lots 2 — 4, fronting on Grove Street. 3. Frontage on a private street rather than a public street for lots 5, 6, and 7. The applicant requests a Variance for the following: 4. Increased number of stories (from two stories to three) for two units proposed on lots 6 and 7. 5. Reduced front yard setback for the four parcels (Lots 1 — 4) fronting Grove Street from twenty (20) feet to ten (10) feet. The applicant also requests a waiver from the requirement to underground all utilities on site. The applicant proposes to retain the existing utility pole fronting Prospect Street as it serves residential development across Prospect Street and relocate only those utilities underground that would serve the project site. Utility service to the site would be provided from Grove Street and those utilities would be relocated underground and the pole(s) removed. 8. OTHER AGENCIES WHOSE APPROVAL MAY BE REQUIRED (AND PERMITS NEEDED): N/A ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or is "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Biological Resources C) Geological Problems ❑ Land Use / Planning CI Public Services ❑ Agriculture Cultural Resources rl Hazards & Hazardous Materials f7 Noise [1 Recreation ❑ Air Quality Energy & Mineral Resources ❑ Hydrology /Water Quality n Population / Housing (� Transportation/Circulation 49 Initial Study - Page- 3 of I DETERMINATION: (To be completed by the Lead Agency) On the basis of this Initial Evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, x and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described ❑ on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ❑ ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or is "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effect that remains to be addressed. Signature Printed Name: Peggy Chapin, AICP EVALUATION OF ENVIRONMENTAL IMPACTS: Date: March 11, 2009 Title_ Principal Planner A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to the project. A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards. 2. All answers must take account of the whole action involved. Answers should address off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than with mitigation, or less than significant. "Potentially Significant Impact" is appropria,.,:: it trlere is substantial evidence than an effect may be significant. If there are one or more `Potentially Significant Impact" entries when the determination is made, an EIR is required. "Negative Declaration: Less than Significant w/ Mitigation Incorporated" applied where the incorporation of a mitigation measure has reduced an effect from "Potentially Significan Impact" to "Less then Significant Impact". The lead agency must describe the mitigation measul s, ,and briefly explain how they reduce the effect to a less than significant level. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other C_=C , process, an effect has been adequately analyzed in an earlier EIR or negative declarer.: _;;i. Section 1 5063(c)(3)(D). 50 initial Study - Page 4 of 19 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). References to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources Used or individuals contacted should be cited in the discussion. 8. This in only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whichever format is selected. 9. The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance. ISSUES with Supporting Documentation & Sources I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? (Sources: 1, 2, 3, 4) b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial Tight or glare which would adversely affect day or nighttime Views in the area? Potentially Less Than Less Than No Significan Significant wl Significan Impact t Impact Mitigation t Impact Incorporation 1] f] 0 x There are no designated scenic vistas nearby or across the proposed project site. As such, no vistas would be adversely impacted by the proposed project. The existing residence on the site does enjoy scenic views to the west toward the ocean, as it is situated approximately 12' above Grove Street and the adjacent 1-805 freeway, which ensures no development will be built to the west and block views from the site. Prospect Street is situated approximately 8'-10' lower in elevation and no views are available from properties to the east across the site toward the ocean. In addition, the City does not have a policy to protect private viewsheds. The site is located within an urbanized area and surrounded by one and two story single-family residences and apartments. Lots 1 — 4 would take access from Grove Street and would face the 805 freeway to the west. Lots 5, 6, and 7 would take access from a private roadway off of Prospect Street. The proposed elevations for lots 5, 6, and 7 would be between 160' and 163'. Adjacent uses include two single-family residences and a 4-unit apartment building to the north, and 51 Initial Study - rage 5 of I 9 two single-family residences and a vacant parcel to the south. The two parcels proposed along the northern boundary of the project, Lots 6 and 7 are arranged similarly to the three existing Tots immediately adjacent to the north. Three-story homes, not exceeding 35', would be constructed on lots 6 and 7. The existing two-story residence would be relocated and renovated to lot 5. A detached two -car garage and recreation room above the garage would be constructed for lot 5. South of the property line, there are two existing single -story residences and a vacant parcel. One residence fronts Prospect Street and the other is situated in the middle of the block fronting 22nd Street. The vacant parcel fronts on Grove Street. The residence fronting E. 22nd Street is situated over 35' from the southern property line. The residence fronting Prospect Street is located five (5) feet from the property line. The existing residence would be relocated to lot 5, approximately 20-feet to the southern property line. Two single-family homes and a two-story apartment building are adjacent to the northern property line. One of the residences fronts Grove Street and is situated only 3'-4' from the northern property line and approximately 10' from the street. Its 2-story design and orientation toward the street would be similar to the proposed residences fronting Grove Street (lots 1 — 4) which would have ten (10) foot front yard setbacks. The other existing single-family home north of the project site is in the middle of the block and would be adjacent to lot 6. The proposed three-story home on lot 6 would be located five (5) feet from the northern property line, however, the residence to the north is 25-feet from the property line. The existing residence adjacent to lot 7 is located approximately five (5) feet from the northern property line and while the proposed three-story unit on tot 7 would meet the minimum side yard setback of five (5) feet, there would be landscaping installed reduce the potential for overviewing into the rear yards of the adjacent residence. The proposed subdivision includes six (6) new single-family homes with varied building materials and architectural elements, as well as the standard associated improvements and landscaping. In addition, the existing home will be relocated and remodeled to include additional square footage and an exterior color pallet and materials comparable to the new homes. Development of the site would upgrade the aesthetics of the area by reducing the appearance of a vacant lot and providing landscaping and street trees where there is currently minimal landscaping. (Sources: 1, 2, 3, 4) Potentially Less Than Less Than No II. AGRICULTURE RESOURCES -- Significant Significant w/ Significant Impact Impact Mitigation Impact In determining whether impacts to agricultural resources are significant Incorporation environmental effects, lead agencies may refer to the California Agricultural Land Evaluation & Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? Li X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? 52 initial Study - Page 6 of 19 c) Involve other changes in the existing environment which, Cl i 1 r7 x due to their location or nature, could result in conversion of Farmland, to non-agricultural use? National City is a built -out community and there is no farmland mapped or planned to be mapped within the City, or more specifically on the project site. The site is also currently zoned for residential uses, and no Williamson Act contract is associated with the land; therefore, the development would have no impact on agricultural zoned areas. (Sources: 1, 4) III. AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Conflict with or obstruct implementation of the applicable .1 -1 U x air quality plan? b) Violate any air quality standard or contribute substantially i_I L] 11 x to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any it 1.1 ! 1 x criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant 1 ] i concentrations? e) Create objectionable odors affecting a substantial number 17J LI of people? The County of San Diego is in attainment for all California Clean Air Act (CCAA) pollutants with the exception of ozone. The proposed project includes the development of seven (7) single-family structures on property currently improved with one residence and does not include any design components that would obstruct the Regional Air Quality Strategy (RAQS) for San Diego County. Also, the project includes aspects which could reduce pollutant discharge, including appropriately designed landscaping and on -site drainage. Implementation of the project would result in an increase of approximately 84 average daily vehicle trips (ADTs). Emissions resulting from developing the site would be directly related to the amount of vehicular traffic generated by the facility. A generation of 84 ADT would be considered "low volume" traffic. Consequently, while the proposed project would have an incremental impact to area -wide air - quality, the individual impacts attributed to this project are immeasurably small on a regional scale and will not cause ambient air -quality standards to be exceeded or have a significant impact on air quality. As the project site slopes down to Grove Street on the west side, the proposal will require grading; however, any impacts from construction equipment and operations would be minimal and temporary in nature and the project applicant would be required to implement dust control measures. While dust from grading and other site preparation would generate particulate matter emission, due to the small amount 53 Initial Study - Page 7 of 19 of grading, and with appropriate use of Best Management Practices (BMP) for site clearance and grading, the project would not generate significant particulate matter or dust and would therefore not result in a significant impact. (Sources: 4, 8, 9, 14) IV. BIOLOGICAL RESOURCES — Would the project: Potentially Less Than Less Than No Significant Significant wl Significant Impact Impact Mitigation Impact Incorporation a) Have a substantial adverse effect, either directly or through Cl [1 1_1 x habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game (CDBG) or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game (CDFG) or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? l -1 [1 x d) Interfere substantially with the movement of any native '1 Li ii x resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting 1 ! ] 1_ x biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? L1 f1 x The project site is located completely within an urbanized area, surrounded by development and bordered by the 1-805 freeway. The site contains no sensitive habitats or biological resources that are protected by local policies or ordinances. There are also no adopted habitat conservation plans known that include the proposed project site. Based on a physical inspection of the property, the site is improved with a two-story, single-family residence and the site contains native soil, grass and some smaller ornamental shrubs and trees around the site perimeter. There are no jurisdictional wetlands, other sensitive habitat, or sensitive species detected on the property; and U.S. Fish & Wildlife Service maps indicate that there are no jurisdictional wetlands or jurisdictional waters of U.S. or state -defined streambeds on site. There are no anticipated impacts to biological resources. (Sources: 1, 4, 5, 11) 54 Initial Study - Page 8 of 19 V. CULTURAL RESOURCES Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Historic structures that are considered noteworthy and have contributed significantly to the development of the City, are contained on the City's adopted Historic Sites List. Additional structures may be added to the Historic Sites List upon request. The request must include a historical analysis prepared by a historian recognized by the State of California. Determination to place a structure on the list requires City Council approval. Demolition of any structure listed on the Historic Sites List also requires City Council approval. The site contains an existing residence constructed in approximately 1930 but extensive remodeling has occurred over time. The applicant proposes to relocate and renovate the existing home to lot 5. The structure is not listed on Historic Sites List but is listed on a separate survey prepared in 1994 for the National City Historical Society by a historian, Anne Pierce Cooper. The 1994 survey identifies the architectural style as Spanish Eclectic characterized by stucco, flat roof, and tile accents. The survey numerically ranks each property as follows: 1 - indicates a National Register potential, 2 - indicates local significance, 2.5 - indicates potential local significance and a "better than average 3", 3 - indicates inclusion in the survey due to recognized age from stylistic elements, and 4 - indicates inclusion in the survey for the same reasons as "3" though stylistically very altered. The structure on site was ranked as a 3. However, since the time of the survey, the structure was significantly and stylistically altered. A two-story room addition was constructed in 1997. The addition includes 2 bedrooms, 1 bath, and laundry room on the first floor and a bedroom, 2 bath, den, and balcony on the second floor. The original wood -framed windows were replaced with aluminum sliding windows. Due to these significant structural changes to the exterior of the historic structure, it would no longer qualify as a 3 ranking but would likely be listed as a 4 ranking, by the standards indicated in the survey. CEQA, Section 15064.5, provides for a public agency to determine the significance of impacts on historical resources. A structure is considered a historic resource if it is "listed in, or determined to be eligible by the State Historical Resources Commission, for listing in the California Register of Historical Resources" or "included in a local register of historical resources" or "identified as significant in an 55 Initial Study - Page 9 of 19 historical resource survey meeting the requirements section 5024.1(g) of the Public Resources Code." Public agencies must treat any such resource as significant unless the preponderance of evidence demonstrates that it is not historically or culturally significant. Section 5024.1(g) of the Public Resources Code provides criteria for evaluating the significance of a potential resource. The resource would be considered historically significant if the resource is: A. Is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; B. Is associated with the lives of persons important in our past; C. Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; ar D. Has yielded, or may be likely to yield, information important in prehistory or history. Development of the project would require relocation and renovation of the existing structure. Since the structure has not been included on the adopted Historic Sites List; it has been significantly altered; the prior survey did not identify the structure as being significant; and it does not meet the criteria for determining significance of an historic resource pursuant to Public Resource Code Section 5020.1 (CEQA 15064.5), the proposed modifications of the structure would not result in a significant impact. No archaeological resources as defined in Section 15064.5 are known to exist on the proposed project site and there are no recorded archaeological sites nearby. Additionally, the developed nature of the area, as a residential lot with the surrounding multi- and single-family residential properties suggest impacts to archaeological resources are not anticipated. No cultural resource constraints are known to exist on the currently developed project site. As such, there is a relatively low probability of disturbing any human remains and therefore, no significant impact. In the event of the accidental discovery or recognition of any human remains during construction, the applicant shall take all appropriate steps as required by relevant federal, state, and local laws. The proposed project would not result in a significant impact to cultural resources. (Sources: 1, 4, 7) VI. GEOLOGY & SOILS Would the project: Potentially Less Than Less Than No Significant Significant wt Significant Impact Impact Mitigation Impact Incorporation a) Expose people or structures to potential substantial adverse effects, including the risk of Toss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? 1 1 i t X iii) Seismic -related ground failure, including liquefaction? i .. ! 1 1 X iv) Landslides? 1 x b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that 56 Initial Study - F'agc 10 of 19 would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? El LJ Ll x 1l x California Geological Survey information indicates the site is not located within an Alquist-Priolo Special Studies Zone, and there are no known active or potentially active faults that intercept the project site; therefore, the potential for ground rupture at this site is considered low. Accordingly, the site is not considered to possess a significantly greater seismic risk than that of the surrounding area in general. In addition, the proposed structures shall be designed in accordance with California Building Code guidelines and/or those adopted by the City of National City. It should be recognized that Southern California is an area that is subject to some degree of seismic risk and that it is generally not considered economically feasible nor technologically practical to build structures that are totally resistant to earthquake -related hazards. Construction in accordance with the minimum requirements of the Uniform Building Code should minimize damage due to seismic events. The project will also be designed to achieve adequate stability through appropriate grading standards and soil testing. The project site is currently developed with one single family structure and small accessory buildings. Proposed plans include landscaping for all areas not developed with driveways, private roadway, and structures. The drainage will be designed to drain on -site and not increase erosion; therefore, there are no impacts anticipated The proposed project site would incorporate traditional sewer laterals, which will connect with the existing sewer system that serves the City, therefore there would be no impact to groundwater. (Sources: 2, 4, 10) VII. HAZARDS & HAZARDOUS MATERIALS Would the project: Potentially Less Than Less Than No Significant Significant wl Significant Impact Impact Mitigation Impact Incorporation a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? U x b) Create a significant hazard to the public or the environment i_ 1 LJ x through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- 5 7 Initial Study - Page 11 of 19 quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous i.J 1 I i� x materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, L1 LI 11 x where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would 1 ❑ the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an Ll ;:I i_I x adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of Toss, ❑ ❑ x injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The proposed project area is within an urbanized area that is not identified as a hazardous material site and there are no hazardous materials associated with the proposed single-family residential use of the site. Also, the site is not located within two miles of a public or private airport or associated airport plan,' therefore would not be an impact. (Sources: 1, 2, 4, 6) VIII. HYDROLOGY AND WATER QUALITY Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Violate any water quality standards or waste discharge [I requirements? b) Substantially deplete groundwater supplies or interfere fi substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? [1 r.i ri x 58 Initial Study - Page 12 of 19 d) Substantially alter the existing drainage pattern of the site Ll iJ I-1 x or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the rl L1 Cl x capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? I.J 1 ri x g) Place housing within a 100-year flood hazard area as 1 U CI x mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which Li would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, I 1 1 i1 x injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? 11 x The proposed hilltop project site has no streams or rivers on or near the site. Consistent with City development standards and State requirements for National Pollutant Discharge Elimination System (NPDES, a Standard Urban Stormwater Mitigation Plan (SUSMP) and a Stormwater Pollutant Prevention Study (SWPP) would be prepared prior to grading to address drainage and runoff. Implementation of these permits would effectively result in controlled drainage and water quality discharge. Therefore, no adverse effect on water quality or the natural drainage pattern of the site is expected. Development of the project will not substantially increase the rate or amount of surface runoff and create flooding, nor will it create substantial erosion or siltation, since the required NPDES permits will address these items. Also, the site is located in an urbanized developed area and would include appropriate construction and permanent BMPs. The area is not within a failure area of a levee or dam; therefore, there would be no exposure of people or structures to any significant risks. The site is located also outside the boundaries of both the 100-year and 500-year flood zones and is several miles inland from the San Diego Bay and therefore; there is no impact. (Sources: 1, 2, 4, 6, 14) IX. LAND USE & PLANNING Would the project: Potentially Less Than Less Than No Significant Significant wl Significant Impact Impact Mitigation Impact Incorporation a) Physically divide an established community? 1 x b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the 59 Initial Study - I'age 13 of 19 purpose of avoiding or mitigating an environmental effect? The proposed project site is currently improved with a single-family residential structure surrounded by other residential development, both single-family residences and small mufti -family development to the north, east, and south. 1-805 freeway borders the Grove Street to the west. The existing General Plan/Zoning designation of Single-family Residential Extendible (RS-3-PD) allows for residential development up to a density of 8.7 dwelling units (du) per acre, or 6-residental lots on this parcel. Since the proposed development would result in seven Tots, one for the existing residence and six Tots for new single-family residential development, resulting in a density of 9.8 du/acre. While various exterior color schemes are proposed for the new residences, the primary construction materials include a cement plaster finish, stone and wood accents, and clay roof tiles, with decorative wrought iron, awning, and shutter accents. The existing residence would be remodeled and enlarged and would include a detached garage with a second story recreation room. Surrounding residential development reflects an average lot size of 7,695 s.f. for the block exceeding the 5,000 square foot minimum parcel size. This mixture of single- and multi -family parcels results in a density of approximately eight (8) du/acre for the surrounding area. Should the remaining vacant parcels develop, the density would result in approximately 8.9 du/acre. The proposed development would be constructed at a slightly higher density of 9.8 du/acre. Overall, the build -out of the area would be somewhat higher than the General Plan density of 8.7 du/ac. The proposed development would be consistent with the Housing Element goals of the General Plan to provide in -fill development and retain the single-family residential character of the neighborhood.. The site development as proposed would not result in a significant impact. (Sources: 1, 2, 4, 13) X. MINERAL RESOURCES Would the project: a) Result in the Toss of availability of a known mineral resource that would be of value to the region and the residents of the state? Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation it b) Result in the Toss of availability of a locally -important ti ill ' 1 x mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Discussion: There are no known mineral resources on the proposed project site or delineated on a local plan for the site; therefore, there is no impact. (Sources: 1, 2, 4) XI. NOISE Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive 60 Potentially Less Than Less Than No Significant Significant wl Significant Impact Impact Mitigation Impact Incorporation Initial Study - I'age 14 of 19 groundborne vibration or groundborne noise levels? i 1 ❑ 0 x c) A substantial permanent increase in ambient noise levels in El .1 x the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient 1 I1 noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, ❑ : 1 11 x where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would a a !1 x the project expose people residing or working in the project area to excessive noise levels? While the proposed project area is in an developed residential area, it also falls within an area of the National City General Plan Noise Contour Map subject to elevated levels of ambient noise due to the adjacent 1-805 freeway. As a result, interior noise volumes of each new residence would exceed acceptable limits as defined by the Municipal Code, Title 12. Reduced interior noise levels may be achieved by incorporating design features such as increased insulation, both in the walls and attic, and automatic ventilation systems. Consistent with City standards and 2007 California Building Code, Section 1207.11, a noise study, prepared by a licensed acoustic engineer, would be required prior to the issuance of building permits to ensure measures are incorporated in the building plans to reduce interior noise levels to below a 45 dBA level. Reducing exterior noise levels of the rear yards may be achieved by buffering freeway noise. This can be achieved by the proposed structures fronting Grove Street that shield the rear yards of lots 1-4. Therefore there is no significant impact to new residents, since noise attenuation measures can be incorporated through design measures utilized during construction. It is not anticipated that development of seven single-family residential parcels would result in an increase of noise levels in excess of local standards that would affect neighboring properties. The associated grading and construction on the project site would create temporary noise impacts. Construction activities would be limited to those hours defined in Section 12.10.160 of the City's Municipal Code. No significant impact from the project would occur. The proposed project site is not located within an airport land use plan or within two miles of a public use airport or private airstrip; therefore, there would be no impact to future residents due to aircraft noise. (Sources: 1, 2, 4, 6, 14, 15) XII. POPULATION & HOUSING Would the project: Potentially Less Than Less Than No Significant Significant wl Significan Impact Impact Mitigation t Impact Incorporation a) Induce substantial population growth in an area, either L l I. Li x directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? 61 Initial Study - to c 15 of 19 b) Displace substantial numbers of existing housing, i_l f l r I x necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the 1 fl 1 x construction of replacement housing elsewhere? The proposed project is a seven (7) unit residential housing development, at a density of approximately 9.8 dwelling units per acre. Based on the City's 2005-2010 Housing Element, the expected population of the development would be 25 persons (3.38 persons per household). This increase would not be considered significant, since the General Plan density of 8.7 du/ac would result in 20 persons. Additionally, the proposed development would be served by existing roadways and infrastructure. In addition, the proposed development would be consistent with goals of the Housing Element of the General Plan to provide in -fill development. The proposed project would not displace any existing residents as the existing unit would be retained on site. No impacts are expected from the increased density of the project. (Sources: 1, 2, 4, 13) XIII. PUBLIC SERVICES Potentially Less Than Less Than No Significant Significant w! Significant Impact Impact Mitigation Impact Incorporation a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? J 1.1 11 x Schools? [.1 CI i..; x Parks? i1 fl _l x Other public facilities? -1 [1 1 X The proposed project would not result in adverse impacts to public services. The project site is currently and will continue to be served by the National City Fire and Police Department. The closest Fire Department is 4 blocks away at Euclid Avenue and 24th Street. The development will generate impact fees specifically slated for public services and increased revenue from increased property taxes that will supplement additional services provided to the proposed development. Therefore, there is no significant impact. The proposed project would result in no impacts to City schools or parks, as the proposed 7-unit residential project would be expected to result in a negligible additional of school children or population in the area since one unit is existing so the resulting increase in residential is six households. The site would be served by Lincoln Acres Elementary School and Granger Junior High School. Both schools have not indicated any existing or planned overcrowding conditions. (Sources: 1, 2, 4, 14) Potentially Less Than Less Than No 62 Initial Study - Page 16 of 19 XIV. RECREATION Significant Significant wl Significant Impact Impact Mitigation Impact Incorporation a) Would the project increase the use of existing 11 LJ 11 x neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the J U [l x construction or expansion of recreational facilities which might have an adverse physical effect on the environment? The proposed project includes the construction of six (6) single-family residential structures and relocation of an existing residence on individual Tots, each with private, fenced yards. Each parcel would provide sufficient private open space for use by the individual households to meet City requirements, since the rear yards exceed the minimum depth of 20 feet. Approximately 8 blocks away and within walking distance, the project residents can utilize Las Palmas Park, which offers organized sports activities, swimming, and open recreation,. As such, the proposed residential use of the project site would not substantially increase the use of local recreational facilities, necessitate construction of additional recreational facilities, or remove or impact existing facilities in the surrounding area; therefore, there is no impact. (Sources: 1, 2, 4) XV. TRANSPORTATION/TRAFFIC Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Cause an increase in traffic which is substantial in relation 0 11 to the existing traffic Toad and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service it L_l _1 x standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an Cl 1 1 x increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature i i E.1 [, x (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? 0 Ei x f) Result in inadequate parking capacity? ii i1 i] x g) Conflict with adopted policies plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? 63 initial Study - rage 17 of 19 According to a review of the potential circulation and traffic impacts by the City of National City s Traffic Engineer, the proposed project would not cause a significant increase in traffic. While the addition of homes to a currently undeveloped site would result in an increase of approximately 84 average daily trips (ADTS). With such a low anticipated increase in ADTs, a traffic study is not warranted. Surrounding roadway segments would be expected to continue to operate under capacity and the existing roadways will adequately serve the project. Project plans include development of multiple driveways on the site; four individual driveways from Grove Street and one shared private roadway for the other three parcels extending from Prospect Street. The private roadway also includes individual driveways to the proposed three units on Tots 5, 6, and 7, as well as fire access and turnaround space for private vehicles. Each of the proposed seven residences would be provided with a two -car garage. The new private roadway would be designed in accordance with private road standards acceptable to the City Engineering and Fire Departments. In addition, the parking spaces proposed on -site accommodate each of the proposed seven (7) residences, per the City Land Use Code Section 18.58, which requires 2-3 spaces per lot depending on the size of the home. The reduced front yard set backs from Tots 1, 2, 3 & 4 would result in reduced driveway lengths. CC&Rs would be required to address maintenance of the shared private roadway and would restrict the homeowners for units located on lots1 - 4 to utilize the garages for parking. Since there are no units on the west side of Grove Street, there is ample street parking available to those units. Therefore, there would be no impact. The proposed project does not contain any components that would result in a change in air traffic patterns; therefore, there is no impact. As a single-family development, the proposed project would also not conflict with any adopted policies, plans or programs supporting alternative transportation and therefore, there is no impact. (Sources: 1, 2, 4, 14) XVI. UTILITIES & SERVICE SYSTEMS Would the project: Potentially Less Than Less Than No Significant Significant wl Significan Impact Impact Mitigation t Impact Incorporation a) Exceed wastewater treatment requirements of the 11 Li U x applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water [l - LI x drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? U Li Li x 64 Initial Study - Page 18 of 19 f) Be served by a landfill with sufficient permitted capacity to 1JU L1 x accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and 11 1.1 x regulations related to solid waste? The proposed subdivision is located on an improved property located within an urbanized area with existing utility services, including water and wastewater facilities. Comments received from City staff and Sweetwater Authority indicates that capacity exists to handle the needs of the proposed homes, however, additional upgrades to the water system may be necessary prior to building permit issuance. Therefore, the project would have no significant impact. Also, new construction would be designed and constructed to include best management practices (BMPs) to appropriately handle wastewater and not exceed wastewater treatment requirements of the San Diego Regional Water Quality Control Board: therefore, there is no impact. The proposed project site would be served by EDCO, the local waste collection and recycle company. Also, the proposed project would comply with all federal, state, and local statues and regulations related to solid waste. (Sources: 1, 2, 4, 14) Potentially Less Than Less Than No XVII. MANDATORY FINDINGS of SIGNIFICANCE Significant Significant wl significant Impact Impact Mitigation Impact Incorporation a) Does the project have the potential to degrade the quality of 11 ❑ Ll x the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, ;7 but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause I i._l Cl x substantial adverse effects on human beings, either directly or indirectly? No significant impacts to the environment as a result of this project have been identified. Approval of the project is not expected to have any significant impacts, either long-term or short-term, nor will it cause substantial adverse effect on human beings, either directly or indirectly. 65 initial Study - rage 19 of 19 REFERENCE SOURCES: Reference Document Title Available for Review at: 1 National City General Plan and Land Use Code National City Planning Division and www.nationalcityca.qov 2 City of National City Municipal Code National'City Planning Division. 3 City of National City Design Guidelines National City Planning Div. or www.nationalcityca.qov.. 4 Grove Street Subdivision Project Plans (2007-59 S, IS) National City Planning Div.. 5 US Fish and Wildlife Wetland Mapped System http://wetlandsfws.er.usgs.go (http://wetlandsfws.er.usgs.gov/wtlnds/launch.html) vlwtlnds/launch.html 6 FEMA Map Service Center (www.fema.gov) 7 Historic Properties Survey for the City of National City, National City Planning Div.. prepared by Anne Pierce Cooper, Historical Researcher, dated December 1994 8 2004 Triennial Revision of the Regional Air Quality National City Planning Div.. Strategy for San Diego County, July 2004 9 Air Quality in San Diego County, Air Pollution Control National City Planning Div.. District for San Diego County, 2006 10 California Department of Conservation, California http://www.conservation.ca.go Geologic Survey (CGS) website v/cqs/Pages/Index.aspx 11 Environmental Assessment Form for project National City Planning Division or www.nationalcityca.qov 12 Co. of San Diego Department of Environmental Health www.sdcounty.ca.gov/deh/ website www.sdcounty.ca.gov/deh/ 13 National City 2005-2010 Housing Element, December National City Planning Div. or 2007 www.nationalcityca.qov. 14 Comments from National City Fire, Building, & National City Planning Div. Engineering Departments and Sweetwater Authority www.nationalcityca.qov. 15 2007 California Building Code, Title 24 Part 2 National City Building Dept. 66 JUi.-11-20a8 07:5.3A FROM: 619 561 9127 711- -,.. 13?58 l . 1 / 1 DELTA CONSULTANTS, INC. CAUMMiCAIt(ha9 July 9, 200R Mr. Luis Naranjo 3175 Cauby Street Suite 90 San Diego, Ca 92110 P.O. BOX 2727 • EL CAJON, CALIFORNIA 92021-0727 (619) 663-0000 • FAX (619) 561-6127 Subject: Grove Street, National City Dear Luis: At your request, we inspected the property and the existing overhead utility lines. The lines in Grove Street are on the opposite side of the street and not affected by the development. There are existing overhead facilities within the adjacent half -street of Prospect Street. They consist of electric, telephone and cable television wires and cables. These lines end on a pole immediately south of your south property line_ They provide utility services to the surrounding properties. In order to underground the lines, it would be necessary to leave the pole at the south property line and add a pole at the north property line. The end result of the undergrounding would be the removal of wires and cables fronting our property and the addition of one new pole with guy wires and anchors. The costs to do this work including construction and utility company fees are estimated to be $60,000.00. If you need any additional information, please call. Sincerely, f. 1. Scanlan Supplemental Discussion Re: Undergrounding Waiver as Project Concession The pole that is in front of the property [on Prospect Street] feeds several homes across the street, to the south and to the north. There are three different ways for us to address the under grounding of utilities according to our utility consultant Tom Scanlan of Delta Consulting. We chose to provide you with the least expensive option which is in fact financially detrimental to our project. The other options are impractical and more expensive. Option 1: The first and least expensive option would be to leave the existing pole where it is and underground the utilities in front of our project. Then just as we pass our project property line to the north we would add another pole to continue the feed to the property owners to the north. This option would cost an estimated $60,000.00 and would not reduce the number of poles but would in fact create an additional pole. Option 2: Remove the pole in front of our property and place it to the south about three feet so is not in front of our property. Then we would have to underground the utilities across the front of our property and add an additional pole to continue the utilities the north property owners. Again, this option increases the number of poles. Option 3: Remove the pole and underground utilities to the neighbor to the south, to our property and to four homes across the street. In this option we would need to improve our neighbors properties so the utility feed can be received underneath the home instead of overhead. We would also have to improve past the midway point of the street, then we would have to erect a new pole in front of the property owner to the north. 68 Supplemental Discussion Re: Undergrounding Waiver as Protect Concession The pole that is in front of the property [on Prospect Street] feeds several homes across the street, to the south and to the north. There are three different ways for us to address the under grounding of utilities according to our utility consultant Tom Scanlan of Delta Consulting. We chose to provide you with the least expensive option which is in fact financially detrimental to our project. The other options are impractical and more expensive. Option 1: The first and least expensive option would be to leave the existing pole where it is and underground the utilities in front of our project. Then just as we pass our project property line to the north we would add another pole to continue the feed to the property owners to the north. This option would cost an estimated $60,000.00 and would not reduce the number of poles but would in fact create an additional pole. Option 2: Remove the pole in front of our property and place it to the south about three feet so is not in front of our property. Then we would have to underground the utilities across the front of our property and add an additional pole to continue the utilities the north property owners. Again, this option increases the number of poles. Option 3: Remove the pole and underground utilities to the neighbor to the south, to our property and to four homes across the street. In this option we would need to improve our neighbors properties so the utility feed can be received underneath the home instead of overhead. We would also have to improve past the midway point of the street, then we would have to erect a new pole in front of the property owner to the north. 69 City of National City, California COUNCIL AGENDA STATEMENT `MEETING DATE June 16.2009 AGENDA ITEM NO. 23 ITEM TITLE Weed Abatement Public Hearing i\. PREPARED BY Robert Hernandez(y DEPARTMENT Fire Fire Marshal (Ext. 4552) EXPLANATION In accordance with National City Municipal Code, Chapter 9.12, a report of the proceedings and an accurate account of the cost of abating the nuisance on each separate property shall be filed with the City Council. Notice of the public hearing shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. Pursuant to National City Municipal Code, Section 1.36.100, the City Council shall consider the Report and Account at the time set for the confirmation of costs hearing, together with any objections or protests by the responsible person or other interested persons. The responsible person or other interested persons may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the City Council shall by resolution either approve the Report and Account as submitted, or as modified or corrected by the City Council. Environmental Review ' N/A Financial Statement N/A Approved By: Account No. inance Director STAFF RECOMMENDATION City Council by resolution approve the report and account as submitted or as modified or corrected by City Council. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 7 Fixed Charges Special Assessments A-200 (9/99) City of('fional City Weed Abatement Program 2009/2010 Fixed Charge Special Assessments Parcel .; ,' ' -Assured"Amt ' Site Addi*s ' .: Owner � Mail Address' : = : Cjty ° St . Zip ,. 554 023 06 00 $1,162.86 323 Laurel Ave Parker Erika 15 Larchwood Irvine CA 92602 557 042 09 00 $2,049.62 620 R Ave Abalos Frank 19411 N 73rd Ave Glendale AZ 85308 557 190 35 00 $3.014.98 R Ave Karimi Faramarz 495 Gardner St El Cajon CA 92020 558 022 01 00 $887.10 807 Arcadia PI Aburto Salomon R;Kari V 807 Arcadia PI National City CA 91950 558 023 07 00 $2.241.70 Pleasant Ln Austin Edwin D II Tr PO Box 120501 San Diego CA 92112 558 200 09 00 $1.143.34 2718 E 16th St CIO Edguardo Masanes:National City Deve 1328 N Paradise Ridge Way Chula Vista CA 91915 558 320 09 00 $880.62 2037 Van Ness Ave Granger View Properties 3009 Highland Ave National City CA 91950 560 310 03 00 $840.58 Highland Ave Kunugi Jim 660 H St #C Chula Vista CA 91910 560 320 13 00 $1.092.52 Highland Ave Berns Daniel M:Baldock Holdings 1250 W 17th Street Long Beach CA 90813 560 320 14 00 $1.042 82 2120 Highland Ave Berns Daniel M:Baldock Holdings 1250 W 17th Street Long Beach CA 90813 560 320 15 00 $1,195.24 2100 Highland Ave Berns Daniel M:Baldock Holdings 1250 W 17th Street _Long Beach CA 90813 560 320 26 00 $1.468.06 Highland Ave Berns Daniel M:Baldock Holdings 1250 W 17th Street Long Beach CA 90813 561 070 12 00 $2.242.22 1638 L Ave Gomez Jose J PO Box 403 National City CA 91951 561 412 20 00 S1.723.80 Grove St Ortega Jesus G 654 W Manor Dr Chula Vista CA 91910 563 100 26 00 S830.88 N Avenue Martinez Salomon F 2875 Lincoln Ct National City CA 91950 Total Parcels. 15 Total Assessrr $21.816.34 City of National City, California COUNCIL AGENDA STATEMENT 24 MEETING DATE June 16, 2009 AGENDA ITEM NO. \TEM TITLE PUBLIC HEARING: Confirming the assessment and ordering the levy for\ / the Landscape Maintenance District No. 1 (Mile of Cars) for fiscal year 2009-2010. PREPARED BY Patricia Beard ext 4255 Redevelopment Manager DEPARTMENT ' - Community Developmen EXPLANATION: On May 19, 2009 the City Council declared its intention to hold a public hearing on June 16, 2009 regarding the annual levy and collection of assessments for the Landscape Maintenance District No. 1 — Mile of Cars. At the May 19th meeting, the City Council initiated the proceedings for said levy and collection of assessments and approved the Annual Engineer's Report which identifies the assessment to be levied and collected and describes the work program to be conducted by the Mile of Cars Landscape Maintenance District. This public hearing is to receive any public comments about the levy and collection of these assessments for fiscal year 2009-10. Should the City Council choose to, it may adopt the resolution confirming the assessment and ordering the levy for the Landscape Maintenance District via a companion agenda item at this evening's meeting. Environmental Review Not applicable. Financial Statement There is no cost to the City for this action. The Landscape Maintenance District pays the cost of District administration. Account No. STAFF RECOMMENDATION Hold the Public Hearing. BOARD / COMMISSION RECOMMENDATION STRATEGIC GOAL: 4d) Support community benefit districts ATTACHMENTS Resolution No. 1. Annual Engineer's Report Attachment 1 U J Local Govemmanl Sokifom City of National City Landscape Maintenance District No. 1 (Mile of Cars) 2009/10 Fourteenth Amended Engineer's Report May 2009 Prepared by NIB'S Corporate Office 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 (800) 676-7516 phone (951) 296-1998 fax Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 (800) 434-8349 phone (415) 391-8439 fax CITY OF NATIONAL CITY LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) 1243 National City Blvd National City, CA 91950 Phone - (619) 336-4241 Fax - (619) 336-4239 MAYOR/CITY COUNCIL Ron Morrison, Mayor Alejandra Sotelo-Solis, Vice Mayor Francisco Parra, Council Member Rosalie G. Zarate, Council Member Jess VanDeventer, Council Member AGENCY STAFF Patricia Beard, Redevelopment Manager DISTRICT STAFF Weldon Donaldson, Executive Director NIBIS Pablo Perez, Project Director John M. Brudin, Assessment Engineer Brian Brown, Financial Analyst TABLE OF CONTENTS 1. ENGINEER'S LETTER 1-1 2. OVERVIEW 2-1 2.1 Introduction 2-1 2.2 Description of the District Boundaries 2-1 2.3 Description of Improvements 2-1 2.4 Description of Maintenance 2-2 3. ESTIMATE OF COSTS 3-1 4. ASSESSMENT DIAGRAM 4-1 5. ASSESSMENTS 5-1 5.1 Method of Apportionment 5-1 5.2 Annual Escalation Factor 5-2 5.3 Assessment Roll 5-3 1. ENGINEER'S LETTER WHEREAS, the City Council of the City of National City (the "City"), State of Califomia, directed NBS Government Finance Group, DBA NBS ("NBS") to prepare and file a report presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the City's Landscape Maintenance District No. 1 (Mile of Cars) (the "District") for Fiscal Year 2009/10. The report includes a diagram for the District, showing the area and properties proposed to be assessed, an assessment of the estimated costs of the maintenance, operations and servicing the improvements, and the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received and; WHEREAS, the assessment for each parcel is in compliance with the assessment balloting procedures set forth in Section 4 of Article XIIID of the California Constitution because the District was formed by the consent of the Land owners, and the proposed assessment is not proposed to increase by more than the 10% annual increase over the Fiscal Year 2008/09 assessment. NOW THEREFORE, only special benefits are assessed and any general benefits have been separated from the special benefits for purposes of this report. The following assessment is made to cover the portion of the estimated costs of maintenance, operation and servicing of said improvements to be paid by the assessable real property within the District in proportion to the special benefit received: SUMMARY OF ASSESSMENT District Fiscal Year 2009110 Actual Assessment Landscape Maintenance District No. 1 (Mile of Cars) $143,030.18 1, the undersigned, respectfully submit the enclosed Engineer's Report and, to the best of my knowledge, information and belief, the Engineer's Report, Assessments, and the Assessment Diagram herein have been prepared and computed in accordance with the order of the City Council of the City. Joh M. Brudin, Assessment Engineer City of National City — Landscape Maintenance District No. 1 — Mile of Cars Prepared by NBS — Fiscal Year 2009/10 1-1 2. OVERVIEW 2.1 Introduction The City has previously formed this maintenance assessment district for the purpose of providing maintenance services to benefit certain parcels in the City. Over the past decade, this District has been levying and collecting special assessments. The District was formed in 1995 and the levies are made pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Califomia Streets and Highway Code (the "Act"). The Annual Engineer's Report (the "Report") describes the District, the annual assessment per parcel for Fiscal Year 2009/10, based on the historical and estimated costs to maintain the improvements and provide the services that benefit parcels within the District. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor's Parcel Number by the San Diego County Assessor's Office. The San Diego County Auditor -Controller uses Assessor's Parcel Numbers and specific Fund Numbers to identify on the tax roll, properties assessed for special district benefit assessments. Following consideration of public comments at a noticed public hearing, and following review of the Annual Engineer's Report, the City Council may confirm the Report as submitted, and may order the levy and collection of assessments for Fiscal Year 2009/10. If approved, the assessment information shall be submitted to the County Auditor -Controller, and included on the property tax roll for each benefiting parcel for Fiscal Year 2009/10. 2.2 Description of the District Boundaries The District's improvements are generally along National City Boulevard and bounded by 18th Street to the north and 33`tl Street and Highway 54 to the south. 2.3 Description of improvements A general description of the works of improvement to be maintained under these proceedings is described as follows but shall not be limited to: 1. Median improvements • Landscape planting and irrigation • Colored concrete hardscape • Lighting system • Graphic panels, banners and signage • Painted crosswalks • Identification sign at 23rd Street and McKinley Avenue 2. Frontage Improvements • Improvements to parkways on both sides of National City Boulevard between 18th Street and 33`0 Street • Landscape planting and irrigation • Colored concrete sidewalks and mow curbs • Street furniture City of National City — Landscape Maintenance District No. 1 — Mile of Cars 2-1 Prepared by NBS — Fiscal Year 2009/10 2.4 Description of Maintenance ..ire The maintenance of the improvements shall include the furnishing of services and materials for the ordinary and usual maintenance and servicing of the improvements, including but shall not be limited too: 1. General Plant Maintenance • Mowing, trimming, pruning and weeding • Watering, including water usage • Fertilizing • Plant replacement • Periodic skinning of palm trees 2. Maintenance of Irrigation System • Adjustment of timers • Repair/replacement of worn-out, stolen or malfunctioning equipment 3. Periodic restriping of decorative crosswalks 4. Periodic repainting of metal benches and trash receptacles 5. Periodic repainting and repair of light poles, graphic panels, signage and other miscellaneous equipment 6. Maintenance of electrical system • Bulb replacement • Repair/replacement of wom out or malfunctioning equipment • Electrical energy charges 7. Litter removal 8. Trash pick-up 9. Other repairs of damage caused by vandalism and/or traffic accidents City of National City — Landscape Maintenance District No. 1 — Mile of Cars Prepared by NBS — Fiscal Year 2009/10 2-2 Nei 3. ESTIMATE OF COSTS The cost of servicing, maintaining, repairing and replacing the improvements as described in the Plans and Specifications are summarized in the table below. Estimated expenditures are shown along with the incidental expenses to be funded by the District. It is the intent of the District to establish a Reserve Fund for the District which shall not exceed the estimated costs of maintenance and servicing until December of each fiscal year, or whenever the District expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The following table summarizes the components that make up the 2009/10 estimate of costs for the District: Description Median Improvements Frontage Improvements Cost of annual maintenance: 1. Lawn planting care $0.00 $32,572.00 2. Median planting care 16,286.00 0.00 3. Palm tree maintenance 5,814.00 5,814.00 4. Water usage 18,360.00 18,360.00 5. Refurbishment of graphic panels 14,000.00 0.00 6. General maintenance of electrical system 6,630.00 0.00 7. Electrical usage 10,029.58 0.00 8. Refurbishment of decorative crosswalks 1,836.00 1,224.00 9. Contingencies (1) 2,800.00 2,800.00 Subtotal: $75,755.58 $60,770.00 Incidentals: A. Administration $300.00 $300.00 B. Advertising 200.00 200.00 C. Legal Fees 100.00 100,00 D. Engineering 700.00 500.00 E. Consultant Fees 2,050.00 2,050.00 F. County Collection Fees 2.30 2.30 Total Incidentals: $3,352.30 $3,152.30 Total Estimated Annual Cost: S79,107.88 $63,922.30 Surplus or Deficit: 50.00 $0.00 NET ANNUAL ASSESSMENT BY $79,107.88 $63,922.30 IMPROVEMENT AREA: TOTAL ANNUAL ASSESSMENT FOR THE $143,030.18 DISTRICT: (1) The Contingencies Item was Increased to cover a portion of the replacement of water controllers in the District. The water controllers will continue to be replaced over the next 3 to 4 years as funds allow. Any remaining funds should be held and used to start a Reserve Fund. City of National City — Landscape Maintenance District No. 1 — Mile of Cars 3-1 Prepared by NBS — Fiscal Year 2009/10 4. ASSESSMENT DIAGRAM The Assessment Diagram sets forth (a) the exterior boundaries of the District and (b) the lines of each lot or parcel of land within the District. The Assessment Diagram further identifies each lot or parcel by a distinctive number or letter. For a detailed description of the lines and dimensions of any lot or parcel reference is made to the County Assessor's Map applicable for the next fiscal year, which map shall govern for all details concerning the lines and dimensions of such lots or parcels. The following pages provide a copy of the Assessment Diagram for the District. City of National City — Landscape Maintenance District No. 1 — Mile of Cars 4-1 Prepared by NBS — Fiscal Year 2009/10 fICD IN TIC OFFCE ON TIE CITY CLERK Or THE CITY Or NATIONAL 01Y RAS_0AY OF 1996. CITY CLERK city or NATIoNA(. 0TY STATE Cf CALIFORNIA RECORDED I1 TTIE OFFICE OF THE SUPERINTENDENT OF STREETS OF RTE cry Or NATIONAL CITY 'MS _DAY OF nee. 9UPtRN1ENbtMT OF STRUTS OFT of NATIONAL. CITE STATE OF CAUtORMA AN ASSESSMENT WAS LEWD 9Y TIE 0r? COUNCIL CH TIE LOTS, PIECES, AND PARCELS Or LAND SHORN ON TNTS ASSESSMENT 'SACRAL,. SAID ASSESSMENT MAS LEVIED ON TIE_____DAY OF 199b Sup ASSESSMENT 'SAFRA11 AND nit ASSESSAENT ROLL MERE RECOPDEO N TNF OFFICE OF THE SUPERNTELEOENT OF STREETS Or SAID OTY CH TNE_DAY Cr_ 1999. REFLMEL/CL IS MADE TO IRE ASSESSMENT ROLL RECORDED N THE OFFICE Of TEE SUPERINTENDENT Or SWEETS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVIED AOANST EACH PARCEL OF LAND SHORN ON THIS ASSESSMENT (RA01A0. CITY CLEF9L. CITY ff NATIONAL do STATE Cr CAUFOPMA FLED THIS DAY OF 199S, AT THE HOUR OFT_O'CLOCK _ ,11. N 90OK-CF NAPS OF ASSESSMENT MIS CCUMIUPRTV FACILITIES DISTRICTS N THE OFFICE OF THE COUNTY RECORDER Cr TIE COUNTY OF SAN CISCO, CALFORMA, b'SNTY RCCCNbaR COUNTY Or SAL, MO STATE Of CALIFORNIA AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CM' OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CALIFORNIA lt0-210-04 Lts' MI-:o 10 201' NATIONAL CITY BOl[EYAFD SHEET 1 OF 3 SHEETS N 3u' $t0.40Y0.ti O md' 5110.-392-09' REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 IN • NP Sur 1X DISTRICT 200 THE TITONTACIE OF EACH PARCEL IS BASED UPON CURRENT COUNTY ASSESSORS MAPS AND SHOIRN HEREON TO THE NEAREST FOOT. PETER TO ASSESSOR'S PARCEL MAPS FOR PROPERTY NUEv90NS NOT S/10Nt1, NASLAND ENGINEERING GITII.RJMmtIROM. • Pop. (.IIM.M, RIII•D•IP—Tq—TEN NOTE OF11 3 NAL SHEET SIZE 18' x 26' N.E. JOB No. 105-148 AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CALFORNIA I 1 1 1 r 1 L 0 360-330-03 391' NATIONAL. CITY BOULEVARD 291' 362-340+N 300' 562-360-50 iL 1 3 362-021-01 1011T 562-021-07 562-031-14 0 562-031- 3 t17 290' 562-340-69 0 L_. 300' 1 TRA} ParATK 4 0 562-090-06 270' SHEET 2 OF 3 SHEET. 0 562-100-14 133' 362-100-13 133' NATIONAL CITY BOULEVARD 164' 392-340-47 436' 36Z-340-A6 l 100 Ex2C11I01t ec »A4w Or OITCRICI REVISED 8-1-96 REVISED 8-11-97 REVISED 6-19-02 REVISED 8-09-03 REVISED 5-26-04 6 160 2D9 X10 400 Y911111•111M' N1��,.1(_1Rp�_�C*_T6R[11N���tt+f A EAW3360�'S NIPS 5!+oxt PARCEL-:LA►3 f t 91YE119 4$ NOT ST10.1M61. NASLAND ENGINEERING c91L 2000112091,0 . f1AT. M6 . LAND 1'LI0+0,O 1710 6-1D-1 RPM. 111w 111111. 0461.n11, 11111 • 110-110-77.11 l NOTE: ORI '"1_ SHEET SIZ 26' N.E JOB n• 105-148 i AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CRY OF NATIONAL CRY 312-160-02 300' 5I2-100-3! 67 • 062-300-53 127 300' 562-340-00 201' 542-150-13 TRANSPORTATION AVENUE COUNTY OF SAN DIE00 STATE OF CALIFORMA 662-?61-37 257 362-261 30 225' 662-321-0 tar S62-311-01 546' NATIONAL CITY .ROULEVAAD' !30' 552-220-13 155' 561-120-31 314 562-220+32 (0305105 60{J1/OARY Or 015W1 241r 361-330-35 MOW, EACH 44471bata904441, FETP.A• 32 y0i..11lStR _ 1gT>1 tm • SHEET 30F3 ZS 3 541-330-43 REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 tOO m .0 NASLAND ENGINEERING fTlr. 3240114013101,0 • .13•63I14C • {AND 31A01,1M0 410 %tr.- 314441, I.. PT, C.P1.44.1.. 03111 • CS- tf-7 , NOTE ORIGINAL SHEET SITE 18'x26' N.E. J08 No. 105-148 5. ASSESSMENTS The actual assessments for Fiscal Year 2009/10, apportioned to each parcel as shown on the latest equalized roll at the County Assessor's office, are listed and submitted as Section 5.4 of this Report for the District. The description of each lot or parcel is part of the records of the County Assessor of the County of San Diego and such records are, by reference, made part of this Report. 5.1 Method of Apportionment The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the Act, must be based on the benefit that the properties receive from the improvements to be maintained. The statute does not specify the method or formula that should be used in any special assessment district proceedings. The responsibility rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. IDENTIFY THE BENEFIT First, it is necessary to identify the benefit that the improvements to be maintained will render to the properties within the boundaries of the District. The improvements significantly improve the visual appearance of the streetscape, making the Mile of Cars a more enjoyable and desirable location for customers. The special signage and lighting provide a unifying theme, benefiting all of the properties within the District. APPORTIONMENT OF COSTS In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished from that of the general public. In this case, an in-depth analysis was made and several factors are being used in the final method and spread of assessment. All of the improvements are intended to be of direct benefit to properties within the District. These improvements require significantly more maintenance than normally provided by the City. It is therefore appropriate that the properties receiving the benefit be assessed for the additional cost. There are generally two categories of improvements to be maintained by the District. The median improvements benefit all properties within the District. The improvements to the parkway (referred to herein as Frontage Improvements) benefit those properties which they abut. The specific method of spreading the assessment is described below: 1. The total cost for maintenance of the median improvements is apportioned to all parcels in the District based on the frontage of each parcel on National City Boulevard, except as noted below. Parcel 26 (APN 562-321-08) is owned by the City of National City and therefore, is not subject to an assessment. Parcel 32 (APN 562-220-11) has no frontage on National City Boulevard, but will benefit from the median improvements. This parcel is assessed for median improvements as if it had a frontage of 100 feet. City of National City — Landscape Maintenance District No. 1 — Mile of Cars 5-1 Prepared by NBS — Fiscal Year 2009/10 4. The total cost for maintenance of the Frontage Improvements is apportioned to all parcels in the District except Parcel 32 (APN 562-220-11), based on frontage of each such parcel on National City Boulevard. The frontage of each parcel is determined from current assessor's maps for the County of San Diego, State of California. All frontage dimensions have been rounded to the nearest foot. 5,2 Annual Escalation Factor The annual assessment to be levied on all properties within the district in any fiscal year shall be subject to an annual escalation of up to 10% based upon actual and anticipated expenditures. The annual assessment shall not exceed the maximum assessment, unless the appropriate Proposition 218 proceedings are conducted by the City to authorize an increase beyond the maximum assessment amount. City of National City — Landscape Maintenance District No. 1 — Mile of Cars 5-2 Prepared by NBS — Fiscal Year 2009/10 5.3 Assessment Roll The proposed assessment roll for Fiscal Year 2009/10 for the District is listed on the following pages. City of National City — Landscape Maintenance District No. 1 — Mile of Cars 5-3 Prepared by NBS — Fiscal Year 2009/10 City of National City Landscape Maintenance District No 1 (Mile of Cars) 8/1/2009 Billing Preliminary Detail Report Account ID Property ID Levy ?Alec Adj 'Total 560-203-03-00 560-203-03-00 54,712.60 $0.00 $4,712.60 560-204-02-00 560-204-02-00 2,287.23 -0.01 2,267.22 560-204-04-00 560-204-04-00 3,078.95 -0.01 3,076.94 560-210-01-00 560-210-01-00 2,024.31 -0.01 2,024.30 560.210-04-30 560-210-04-00 2,672.09 -0.01 2,872.08 560-210-40-00 560-210-40-00 3,417.04 0.00 3,417.04 560-210-41-00 560-210-41-00 809.72 0.00 809.72 560-210-42-00 560-210-42-00 485.83 -0.01 485.82 560-261-08-00 560-261-08-00 4,372.51 -0.01 4,372.50 560-271-07-00 560-271-07-00 1,214.59 -0.01 1,214.58 560-271-09-00 580-271-09-00 809.72 0.00 809.72 560-271-14-00 560-271-14-00 1,538.48 0.00 1,538.48 560-271-15-00 580-271-15.00 1,819.45 -0.01 1.619.44 560-330-03-00 560-330-03-00 9,570.94 0.00 9,570,94 560-393-03-00 580-393-03-00 2,267.23 -0.01 2,267.22 580-393-04-00 560-393-04-00 7,773.35 -0.01 7,773.34 562-021-01-00 562-021-01-00 1.619.45 -0.01 1,619.44 562-021-07-00 582-021-07-00 2,591.12 0.00 2,591.12 562-031-13-00 562-031-13-00 1,781.39 -0.01 1,781.38 582-031-14-00 562-031-14-00 2,591.12 0.00 2,591.12 562-090-06-00 562-090.06-00 4,372.51 -0.01 4,372.50 562-100-13-00 562-100-13-00 2,186.26 0.00 2,186.26 582-100-14-00 562-100-14-00 2,186.26 0.00 2,186.26 562-150-13-00 562-150-13-00 3,384.65 -0.01 3.384.64 562-160-07-00 562-160-07-00 4,858.35 -0.01 4,858.34 562-180-32-00 562-180-32-00 1,327.95 -0.01 1.327.94 562.180-33-00 562-180-33-00 2,058.70 0.00 2,056.70 562-220-11-00 562-220-11-00 891,16 0.00 891.16 562-220-13-00 562-220-13-00 3,724.73 -0.01 3,724.72 562-220.31-00 562-220-31-00 2,510.15 -0,01 2,510.14 562-220-32-00 562-220-32-00 5,085.07 -0.01 5,085.06 562-251-37-00 562-251.37-00 3,271.29 -0.01 3,271.28 562-251-38-00 562-251-38-00 2,704.48 0.00 2,704.48 582-252-15-00 562-252-15-00 5,344.18 0.00 5,344.18 562-321-07-00 562-321-07-00 2,947.40 0.00 2,947.40 562-321-08-00 562-321-08-00 0,00 0.00 0.00 562-330.35.00 562-330-35-00 4,032.43 -0.01 4,032.42 562-330-42-00 562-330-42-00 1,230.78 0.00 1,230.78 562-330-43-00 562-330-43-00 0.00 C.00 0.00 562-340-09-00 562-340-09-00 4,858.35 -0.01 4,858.34 582-340r/7-00 562-340-47-00 2.655.90 0.00 2,655.90 562-340r48-00 562-340-48-00 7,060.80 0.00 7,060.80 Copyright ® 1999-2003 NBS Page 1 of 2 4/22/2009 9:48:36AM City of National City Landscape Maintenance District No 1 (Mile of Cars) 8/1/2009 Billing Preliminary Detail Report Account ID Property ID Levy Mac Ad] 'Total 562-340-49-00 562-340-49-00 4,712.60 0.00 4,712.60 562-340-50-00 562-340-50-00 4,858.35 -0.01 4,858.34 582-340-69-00 562-340-69-00 4,696.40 0.00 4,696.40 562-340-70-00 562.340-70-00 4,858,35 -0.01 4,858.34 46 Accounts $143,030.22 40.24 6143,029.98 Copyright -2003 NBS of 2 4/22/2009 ( 9:48:36AM City of National City, California COUNCIL AGENDA STATEMENT `r,AEETING DATE June 16, 2008 AGENDA ITEM NO. 25 ITEM TITLE Public Hearing of the City Council of the City of National City to consider the annual adjustment to the Transportation Development Impact Fee (TDIF), pursuant to NCMC Section 4.52.100 and consistent with Government Code Section 66017, proposing to increase the TDIF by 2%, as required by SANDAG, resulting in the fee adjusting from $2,000 per new residential dwelling unit to $2,040 per unit (Companion Resolution to follow later in Agenda) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDA Hold hearing OARD / COMMISSI9N RECOMMEDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Transportation Impact Fee Program Report (The fee schedule is available in the City NT Clerk's Office) A-200 (Rev. 7/03) Explanation On April 1, 2008, to satisfy the requirements of the TransNet Regional Transportation Congestion Improvement Program for receipt and expenditure of TransNet funds, City Council adopted the following ordinance: "An Ordinance to the City Council of the City of National City Amending Title Four of the National City Municipal Code by Adding Chapter 4.52 Establishing and Approving a Transportation Development Impact Fee for Capital Improvement Projects Necessary to Maintain Acceptable Levels of Traffic and Transportation Service Within the City". Per the RTCIP, local agencies are required to implement an annual fee adjustment set by SANDAG. On March 27, 2009 the SANDAG Board of Directors voted to adopt the minimum fee increase of 2% per unit for FY 2010, thereby raising the required exaction from $2,000 per new residential dwelling unit to $2,040 per unit. The new fee would be effective 60 days from adoption by City Council. A copy of the City's Transportation Impact Fee Program and fee schedule is available at the City Clerk's Office and at City Engineering. Public notice was provided by the City Clerk's Office in accordance with Government Code Section 66017. City of National City, California COUNCIL AGENDA STATEMENT ``'MEETING DATE June 16, 2009 AGENDA ITEM NO. 26 ITEM TITLE Resolution of the City Council of the City of National City Authorizing the Approval of Weed Abatement Public Hearing Findings. PREPARED BY EXPLANATION Robert Hernande Fire Marshal (Ext. 4552) DEPARTMENT Fir In accordance with the National City Municipal Code, 1.36.100, the City Council shall consider the Weed Abatement Report and Account together with any objections or protest by any parties interested in the same. At the conclusion of the hearing, the City Council shall by resolution either approve the Report and Account as submitted, or as modified or corrected by the City Council. The amounts so approved shall be liens upon the respective Tots or premises In accordance with the National City Municipal Code, 1.36.110, a copy of the resolution required by section 1.36.100 shall be served on the responsible person, pursuant to the procedures set forth in the Section 1.36.030 not later than fifteen days after the date of adoption of such resolution. Environmental Review .1 N/A Financial Statement N/A Approved By: Fiaance Director Account No. STAFF RECOMMENDATION Adopt City Council Resolution Confirming Weed Abatement Public Hearing Report and Account. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Fixed Charges Special Assessments 2. Summary Report of Abated Properties — To be distributed separately. 3. Resolution A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING ASSESSMENT OF COSTS OF WEED ABATEMENT WHEREAS, the Chief of the Fire Department has filed with the City Clerk an assessment attached hereto as Exhibit "A" for the certain weed abatement work done under and pursuant to National City Ordinance No. 2081, adopted by the City Council on September 27, 1994; and WHEREAS, as required by Ordinance No. 2081, the City Clerk has given notice of the filing of the assessment and of the time for a hearing by the City Council, and an affidavit of posting of such notice has been made and is on file in the office of the City Clerk; and WHEREAS, at the time and place fixed in such notice, to -wit, June 16, 2009, a hearing was fully held by this City Council at which all written appeals, protests, or objections, if any, were duly presented and read, and all persons desiring to be heard thereon were heard, and the City Council gave all persons present an opportunity to be heard in respect to any matter relating to said work, to any act or determination of the Chief of the Fire Department, or to any matter relating to said work or the assessment or the proceedings, therefore; and WHEREAS, all such persons desiring to be heard have been heard by the City Council and the City Council is fully informed in the premises. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby find, resolve, determine and order as follows: That said hearing has been duly held; that each and every step of the proceeding prior to and including the hearing has been duly and regularly taken; that the City Council is satisfied with the correctness of the assessment, the proceedings and all matters relating thereto, and all protests, objections, or appeals be and the same are hereby overruled and denied, and the City Council does herby confirm said proceedings and said assessment, and that the City Clerk is directed to file with the County Auditor of the County of San Diego, a certified copy of this Resolution. PASSED and ADOPTED this 16th day of June, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III City Attorney City of National City Weed Abatement Program 2009/2010 Fixed Charge Special Assessments Parcel n:Assmed Ar'nt ' Site Address Owner :r; ;: Mart Address r: City St Zip 554 023 06 00 $1,162.86 323 Laurel Ave Parker Erika 15 Larchwood Irvine CA 92602 557 042 09 00 $2,049.62 620 R Ave Abalos Frank 19411 N 73rd Ave Glendale AZ 85308 557 190 35 00 $3,014.98 R Ave Karimi Faramarz 495 Gardner St El Cajon CA 92020 558 022 01 00 $887.10 807 Arcadia PI Aburto Salomon R;Kari V 807 Arcadia PI National City CA 91950 558 023 07 00 $2,241.70 Pleasant Ln Austin Edwin D II Tr PO Box 120501 San Diego CA 92112 558 200 09 00 $1,143.34 2718 E 16th St C/O Edguardo Masanes;National City Deve 1328 N Paradise Ridge Way Chula Vista CA 91915 558 320 09 00 $880.62 2037 Van Ness Ave Granger View Properties 3009 Highland Ave National City CA 91950 560 310 03 00 $840.58 Highland Ave Kunugi Jim 660 H St #C Chula Vista CA 91910 560 320 13 00 $1,092.52 Highland Ave Bems Daniel M;Baldock Holdings 1250 W 17th Street Long Beach CA 90813 560 320 14 00 $1,042.82 2120 Highland Ave Bems Daniel M;Baldock Holdings 1250 W 17th Street Long Beach CA 90813 560 320 15 00 $1,195.24 2100 Highland Ave Bems Daniel M;Baldock Holdings 1250 W 17th Street Long Beach CA 90813 560 320 26 00 $1,468.06 Highland Ave Berns Daniel M;Baldock Holdings 1250 W 17th Street Long Beach CA 90813 561 070 12 00 $2,242.22 1638 L Ave Gomez Jose J ` PO Box 403 National City CA 91951 561 412 20 00 $1,723.80 Grove St Ortega Jesus G 654 W Manor Dr Chula Vista CA 91910 563 100 26 00 $830.88 N Avenue Martinez Salomon F 2875 Lincoln Ct National City CA 91950 Total Parcels: 15 Total Assessrr $21,816.34 „d„ 1I9IHX3 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 16. 2009 27 AGENDA ITEM NO. (ITEM TITLE A resolution confirming the assessment and ordering the levy for the / Landscape Maintenance District No. 1 (Mile of Cars) for fiscal year 2009-2010. PREPARED BY Patricia Beard ext 4255 W Redevelopment Manager DEPARTMENT Community Developme t EXPLANATION: On May 19, 2009 the City Council declared its intention to hold a public hearing on June 16, 2009 regarding the annual levy and collection of assessments for the Landscape Maintenance District No. 1 — Mile of Cars. At the May 19th meeting, the City Council initiated the proceedings for said levy and collection of assessments and approved the Annual Engineer's Report which identifies the assessment to be levied and collected and describes the work program to be conducted by the Mile of Cars Landscape Maintenance District. A public hearing was held on June 16, 2009 is to receive any public comments about the levy and collection of these assessments for fiscal year 2009-10. This resolution would confirm the assessment and order the levy for the Landscape Maintenance District. The deadline for submittal to San Diego County is August 10, 2009. Environmental Review Not applicable. Financial Statement There is no cost to the City for this action. The Landscape Maintenance District pays the cost of District administration. Account No STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION STRATEGIC GOAL: 4d) Support community benefit districts ATTACHMENTS 1. Annual Engineer's Report is attached with the staff report for the related Public Hearing on tonight's agenda. Resolution No. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING THE ASSESSMENT, AND ORDERING THE LEVY FOR THE LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) FOR FISCAL YEAR 2009/10 WHEREAS, the City Council previously completed its proceedings in accordance with and pursuant to the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the "Act") to establish the City's Landscape Maintenance District No. 1 (Mile of Cars) (the "Assessment District"); and WHEREAS, the City has retained NBS Local Government Solutions ("NBS") for the purpose of assisting with the annual levy of the Assessment District, and to prepare and file an Annual Report; and WHEREAS, the City has, by previous resolution, declared its intention to hold a public hearing concerning the levy and collection of assessments within the Assessment District; and WHEREAS, a public hearing has been held and concluded and notice thereof was duly given in accordance with Section 22626 of the Act; and WHEREAS, at the time and place specified in the Resolution of Intention the City conducted such hearing and considered all objections to the assessment. NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL AS FOLLOWS: 1. Confirmation of Assessment and Diagram: The City Council hereby confirms the assessment and the diagram as described in full detail in the Annual Report on file in the office of the City Clerk. 2. Levy of Assessment: Pursuant to Section 22631 of the Act, the adoption of this Resolution shall constitute the levy of an assessment for the fiscal year commencing July 1, 2009, and ending June 30, 2010. 3. Ordering of the Levy: The City Council hereby orders NBS to prepare and submit the levy of assessments to San Diego County for placement on the Fiscal Year 2009/10 secured property tax roll. PASSED and ADOPTED this 16th day of June, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT 44.701EETING DATE June 16, 2008 AGENDA ITEM NO. 28 ITEM TITLE A Resolution of the City Council of the City of National City amending the previously adopted Transportation Development Impact Fee (TDIF) schedule and annual adjustment to the TDIF, pursuant to NCMC Section 4.52.100 and consistent with Government Code section 66017, approving an increase in the TDIF by 2%, as required by SANDAG, resulting in the fee adjusting from $2,000 per new residential dwelling unit to $2,040 per unit (fees deposited into Transportation Impact Fee Fund) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement 326 Transportation Impact Fee Fund (Account #326-409-500-598-6569; 97% of fees collected) (Account #326-409-000-213-0000; 2% of fees collected) (Account #326-409-000-650-9005; 1 % of fees collected) Approved By: Finance Director Account No. STAFF RECOMMENDAT ON Adopt t e Resolution D / COMMISSION RECOMMEDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. SANDAG correspondence A-200 (Rev. 7/03) Explanation In November 2004, San Diego County voters approved local Proposition A extending the TransNet 1/2 cent sales tax to fund the region's transportation system for 40 years. As part of Proposition A and the TransNet Extension Ordinance, the Regional Transportation Congestion Improvement Program (RTCIP) was created to ensure that new development directly invests in the region's transportation system to offset the negative impacts of growth on congestion and mobility. One of the requirements of the RTCIP was that by July 1, 2008, each local agency must contribute $2,000 from exactions imposed on the private sector for each new residence constructed within each jurisdiction. Failure to do so would result in an agency's toss of TransNet funding for improvement of local streets. Cities have the authority to impose impact fees under the Mitigation Fee Act contained in California Government Code sections 66000 through 66025. Therefore, on April 1, 2008, to satisfy the requirements of the TransNet RTCIP for receipt and expenditure of TransNet funds, City Council adopted the following ordinance: "An Ordinance to the City Council of the City of National City Amending Title Four of the National City Municipal Code by Adding Chapter 4.52 Establishing and Approving a Transportation Development Impact Fee for Capital Improvement Projects Necessary to Maintain Acceptable Levels of Traffic and Transportation Service Within the City". Per the RTCIP, local agencies are required to implement an annual fee adjustment set by SANDAG. On March 27, 2009 the SANDAG Board of Directors voted to adopt the minimum fee increase of 2% per unit for FY 2010, thereby raising the required exaction from $2,000 per new residential dwelling unit to $2,040 per unit. SANDAG correspondence discussing the fee calculations and TransNet Extension Ordinance requirements is attached. The following summarizes the adjusted fee schedule for new residential development, effective 60 days from adoption by City Council. The Transportation Development Impact Fee shall be collected prior to the issuance of any building permit for residential development in the City of National City. A copy of the City's Transportation Impact Fee Program and fee schedule is available at the City Clerk's Office and at City Engineering. Residential Land Use Fee Single-family $ 2,040 per dwelling unit Multi -family $ 2,040 per dwelling unit RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE PREVIOUSLY ADOPTED TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF) SCHEDULE AND ANNUAL ADJUSTMENT TO THE TDIF BY APPROVING AN INCREASE IN THE TDIF BY 2%, AS REQUIRED BY SANDAG, RESULTING IN THE FEE ADJUSTING FROM $2,000 PER NEW RESIDENTIAL DWELLING UNIT TO $2,040 PER RESIDENTIAL DWELLING UNIT WHEREAS, in November 2004, Proposition A was approved by the voters extending the TransNet one-half sales tax to fund the region's transportation system for 40 years; and WHEREAS, as part of Proposition A and the TransNet Extension Ordinance, the Regional Transportation Congestion Improvement Program ("RTCIP") was created to ensure that new development directly invests in the region's transportation system to offset the negative impacts of growth on congestion and mobility; and WHEREAS, to receive TransNet funding, one of the requirements of the RTCIP was that by July, 2008, each local agency must contribute $2,000 from exactions imposed on the private sector for each new residence constructed within each jurisdiction; and WHEREAS, to satisfy the requirements of the TransNet RTCIP, on April 1, 2008, the City Council adopted Ordinance No. 2008-2310, establishing a Transportation Development Impact Fee for Capital Improvement Projects; and WHEREAS, RTCIP requires local agencies to implement an annual fee adjustment set by SANDAG, and SANDAG has determined to impose a minimum fee increase of 2% per unit for Fiscal Year 2010, increasing the exaction from $2,000 per new residential dwelling unit to $2,040 per unit. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby amends the previously adopted Transportation Development Impact Fee Schedule and annual adjustment to the TDIF by approving an increase to the TDIF by 2%, as required by SANDAG, resulting in the fee adjusting from $2,000 per new residential dwelling unit to $2,040 per residential dwelling unit. PASSED and ADOPTED this 16th day of June, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney SAND Nemi 40i 13 `,Itof'1, Soito SOO (A 9210! 4237 (619) 699 -1900 i.)x (619) 699 190r, wVV),V rnd,19 or./ MI 448I R 464 0(G S ( arlib.0 c hula va'.t.a „L,./,) Oel AA), fI (.)l.m I ec,Nr.n 1Stf)!I(Ifd,) Innjx.'nal lied( I) 1a Me•.) lemon Grace Njtn n,)l Cary ()(eanudr' I'nw.)., San Ou'.l. ) San f.tift ), ). )r11, Y' (;)',))II LSSf.) .and ( minty of San 1)toilu .ADVISORY Mfl�ffit R, i !q)endl (o.u)fy ( Afurma O partment of lr.)mlxut )iron )r1 ir.rns, ',y:dem N. '9i S.)) t ew (ounly 1.)ntrr 0-'vf'lul)me17r Bo,)rd U)I:r.•(I I),f,.,.,nr:rofO..: n Y.)re,- .lutru>"P RECEIVED APR 2 0 2009 xc. e»- L April 17, 2009 1110200 Mr. Chris Zapata City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 Dear Mr. 7 SUBJECT: Fee Adjustment and Funding Program Submittals for the Regional Transportation Congestion Improvement Program (RTCIP), in Accordance With The Transnet Extension Ordinance the purpose of this letter is to confirm that the SANDAL Board of Directors, at their March 27, 2009, meeting, agreed with the SANDAG staff analysis of construction cost trends over the past year and the recommendation to follow the Ordinance guidelines to adjust the minimum fee collected for the RTCIP by 2.0 percent; raising the minimum RTCIP exaction from $2,000 to $2,040 for FY 2010. We are also confirming the receipt of the annual funding program documentation submitted by your jurisdiction by April 1, 2009. This documentation was presented to the Independent Taxpayer Oversight Committee (ITOC) at their April 8, 2009, meeting, in compliance with the requirements of the Ordinance. We appreciate the efforts of your staff in making the submittal within the required timeframe and look forward to continued effective coordination as the program is implemented and administered. Please contact Charles "Muags" Stoll, TransNet Program Manager, at (619) 699-6945/ nlst(cisandag.org, for any questions or information you may need. Sincerely, DY. �r-S ARY L. 'ALLEG( Executi, Director MST/cda BOARD OF DIRECTORS AGENDA ITEM NO. 09-03- 1 3 MARCH 27, 2009 ACTION REQUESTED - INFORMATION/ POSSIBLE ACTION TransNet REGIONAL TRANSPORTATION CONGESTION IMPROVEMENT PROGRAM FEE ADJUSTMENT File Number 1110200 Introduction The Regional transportation Congestion Improvement Program (RTCIP), an element of the Tr)nsNct Extension Ordinance, requires each city and the County of San Diego to collect an exaction frorn the private sector for each new housing unit constructed in their jurisdiction. These exactions help ensure future development contributes its proportional share of the funding needed to pay tor the Regional Arterial System (RAS) and related regional transportation facility improvements, as defined in the most recent Regional Transportation Plan adopted by SANDAG. All jurisdictions rn the San Diego region are collecting these exactions using development impact fees assessed on new housing units. the RTCIP requires each jurisdiction to take specific administrative actions each year to ensure that they are in compliance with the RTCIP section of the Ordinance. Each jurisdiction has successfully implemented the actions required to date. One of the RTCIP administrative actions required by the Ordinance is that the contribution (impact fee) amount he increased annually, allowing the program to retain its purchasing power to improve the RAS. I his report summarizes the evaluation process cornpleted by staff and reports the fee adjustment factor for FY 2010. Based on SANDAG staff's analysis of construction cost trends over the past year (discussed below) the fee adjustment is 2.0 percent, raising the RTCIP exaction from $2,000 to $2,040 for FY 2010. Discussion Section 9 of the Ordinance states that "[t]he amount of contribution shall be increased annually." Section C of the provisions for the implementation of the RTCIP included in the document titled " Tr)nsN('t Extension Regional lransportation Congestion Improvement Program," is incorporated by reference in the Ordinance, and it provides as follows: C. Fee Adjustment the fee amount per residential unit shall he adjusted by SANDAG on .July 1 of each year beginning July 1, 2009, based upon the Engineering Construction Cost Index as published by the Engineering News Record or similar cost of construction index. Any increase shall not exceed the percentage increase set forth in the construction index. In no event, however, shall the increase be less than two percent per year. 1 he purpose of this annual adjustment is to retain purchasing power in anticipation of future inflation. The Ordinance allows for flexibility in choosing an appropriate index. SANDAG staff evaluated changes recorded in the Engineering Construction Cost Index and the Cattrans Construction Cost Index (CCI). Each index collects a different set of cost factors to determine construction cost trends. The Engineering News Record (ENR) construction cost index represents an average from 20 cities across the nation and is based on price changes in four areas: lumber, cement, structural steel, and labor. Over the past year the ENR construction cost index has risen 5.2 percent. The Cattrans CCI is based on actual transportation project bid prices from throughout the state for earthwork, aggregate, concrete, asphalt, and steel. The Cattrans CCI has not risen, but instead recorded a decline of -3.2 percent over the past year. While over the past year the Cattrans CCl has recorded a decline in price levels, the minimum adjustment allowed by the RTCIP Section of the Ordinance is 2.0 percent. Based on staff's evaluation, at this time, the Cattrans CO has more closely tracked the trends SANDAL has been experiencing in our project hid prices over the past year than the ENR Index. Staffs evaluation identified two trends that have led to falling prices. First, the economic recession has reduced the demand for some construction materials, allowing prices to fall over the past year. (Although prices have fallen over the past year, the prices of most construction materials are still substantially above prices from the 2002-2004 time period when the initial cost estimates for the TransNet projects were estimated and the year voters approved the Ordinance). Second, the number of bids received on each project has more than doubled; this increase in competition has provided an incentive for bidders to identify cost saving measures and innovative ways to lower overall prices for projects. GARY L. GALLEGOS Executive Director Key Staff Contacts: Charles "Muggs" Stoll, (619) 699-6945; mst@sandag.org Marney Cox, (619) 699-1930; mco@ilsandag.org 2 City of National City, California COUNCIL AGENDA STATEMENT IPVVIEETING DATE June 16, 2009 AGENDA ITEM NO. 29 ITEM TITLE Resolution of the City Council of the City of National City Approving Adoption of a Temporary Reduction of those Fees in the 2008 Fee Schedule which are Higher than those Corresponding Fees Contained in the 2005 Fee Schedule, to the Fee Amounts Contained in the 2005 Fee Schedule PREPARED BY Peggy Chapin 336-4310 EXPLANATION DEPARTMENT Development Services Department On May 5, 2009, the Council directed staff to provide an analysis of the impacts on city services if the fee schedule for development services in effect prior to September 15, 2008 is restored. The attached background report examines the issues related to rolling back development services fees and responds to concerns raised by Council regarding the fees for Conditional Use Permits. Environmental Review Financial Statement N/A Potential Toss of revenue for Fiscal Year 2009-2010 for Development Services Fees in the amount of $298,788. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Attached Resolution BOARD / COMMISSION RECOMMEN ATIOI4 ATTACHMENTS ( Listed Below) Resolution No. "'ow Resolution Background Report City of National City 2005 Fee Schedule City of National City 2008 Fee Schedule A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL COUNCIL APPROVING A TEMPORARY REDUCTION IN THE COLLECTION OF THE FEES IN THE 2008 FEE SCHEDULE TO THE LOWER CORRESPONDING FEE AMOUNTS CONTAINED IN THE 2005 FEE SCHEDULE, AND APPROVING THE ESTABLISHMENT OF A FEE DEPOSIT ACCOUNT FOR MINOR LAND USE APPLICATIONS WHEREAS, user fees have been recognized as a necessary and effective method of generating those revenues required to provide municipal services and facilities; and WHEREAS, after considerable amount of study and receipt of staff input, the City Council determined that adjustments to user fees in many instances are necessary to close the gap between current fees and actual service costs, in order to reduce general fund subsidies; and WHEREAS, at a public hearing on July 15, 2008, the City Council approved fee increases comprising the 2008 Fee Schedule, which became effective on September 15, 2008, and which superseded the previous 2005 Fee Schedule; and WHEREAS, due to a slowdown of development and residential improvements caused by the current state of the economy, the Council has received numerous concerns regarding the increased fees contained in the 2008 Fee Schedule; and WHEREAS, in the spirit of encouraging development and reinvestment in the community, the City desires to reduce collection of those fees for development services (i.e., Engineering, Planning and Building, and Fire) contained in the 2008 Fee Schedule which were increased from the 2005 Fee Schedule, by temporarily reducing the collection of those fees to the lower fee amounts contained in the 2005 Fee Schedule, and to conduct an annual review of said development services fees; and WHEREAS, to further the efforts of the continued physical development of the community, and recognizing the desire to minimize impacts of development user fees, the City Council desires to establish a fee deposit account for development services fees for Conditional Use Permits constituting minor land use applications, as determined by the Economic Development Director, that were established in the 2008 Fee Schedule; and WHEREAS, the Council recognizes that adoption of this Resolution does not result in any new fees nor an increase to any fees; and WHEREAS, the City Council acknowledges that approval of this resolution may result in a loss of projected revenue in an estimated amount of $298,788 for fiscal year 2009/2010 for development services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that beginning July 1, 2009, the Development Services Fees contained in the 2008 Fee Schedule that are higher than those corresponding development fees contained in the 2005 Fee Schedule will be temporarily collected at the lesser amount equivalent to the 2005 Fee Schedule for one year; and any new development services fees first established in the 2008 Fee Schedule will remain at the same amounts. Resolution No. 2009 — June 16, 2009 Page 2 BE IT FURTHER RESOLVED that the intent of this Resolution is to implement a temporary reduction in the collection of fees in the 2008 Fee Schedule to the lower corresponding level of fees in the 2005 Fee Schedule; that the purpose of this action is to encourage the continued physical development of the City during the current economic downturn; and that at such time as there is a sufficient economic recovery, the City Council may restore the collection of development service fees to the level set forth in the 2008 Fee Schedule, and that such restoration of fees shall not constitute the establishment of new fees nor an increase in fees. BE IT FURTHER RESOLVED that development service fees will be subject to review by the City Council in one year. BE IT FURTHER RESOLVED that the City Council authorizes that the fiscal year 2009/2010 budget be adjusted to reflect the projected revenue reduction for development services fees by using 2009/2010 reserves, if other means of covering the revenue reduction are not identified. BE IT FURTHER RESOLVED that for Conditional Use Permits constituting minor land use applications, as determined by the Director of Community Development, the City Council hereby authorizes the establishment of a fee deposit account into which the applicant may make an initial deposit in lieu of the flat fee amount, from which City staff may withdraw amounts to cover the actual costs incurred by City staff in processing the application. PASSED and ADOPTED this 16th day of June, 2009. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Background Report History This report is provided to the Council to respond to community concerns regarding the fee schedule adopted by Council on September 15, 2008. Council discussed concerns raised by the community at the meetings of April 7 and April 21, 2008, and suggested rolling back fees to the levels that existed prior to the adoption of the fees of September 15, 2008. On May 5, 2009, Council directed staff to provide a detailed analysis of the impacts on city services and revenue should the fees Council approve rolling back the development fees that are higher than the fees in place prior to September 2008. Additionally, Council requested staff review the fees of Conditional Use Permits for those uses that may be considered minor and would have minimal impact on the community. Discussion of the Conditional Use Permit fee is contained later in this report. On September 15, 2008, the Council amended the development services fees (2008 Fee Schedule attached). This approved fee schedule was based on an in-depth study of development services fees prepared by the Maximus Group for the purpose of determining "full cost recovery" of city staff time spent to review and process development permits. The Development Services Department includes the Engineering, Planning and Building Divisions. The Fire Department is involved in the review and inspection of new construction and tenant improvements, as well and there are fees associated with their efforts to review plans and conduct inspections of fire sprinklers and safety equipment. Analysis: Economic Slowdown and Community Concerns: Due to the economy, there has been a considerable decrease in building permits, discretionary applications, and other requests for all development services. In addition, comments have been received from homeowners expressing displeasure with the fee increase in Tight of the economy and acknowledging that certain improvements that have not been undertaken due to the fee increases. Staff has noted an increase in construction being conducted without the appropriate building permits. Because of these concerns, reinstating the earlier lower fees would be reasonable and would encourage further development and reinvestment into the community. Potential Revenue Impacts to Rolling Back Fees If the_Council determines that the development services fees should be rolled -back to the prior fee schedule (2005 Fee Schedule attached); there would be an impact on revenues and thus on service levels. Rolling back the fees would result in an estimated shortfall in projected revenues as noted in the table below: 1 Potential Revenue Impacts Estimated 2008/2009 Revenue Engineering $97,000 Plannin $209,529 Buildin. $362,663 Fire $512,525 Projected 2009/2010 Revenue $74,500 $115,700 2008 Fee Schedule Average Increase 47% Estimated Revised 2009/2010 Revenue $39,485 Estimated Loss of Revenue $35,015 56% $50, 980 $64,720 $250,400 $474, 980 15% 44% $212,840 $313,487 $37,560 $161,493 Total 1 $1,181,717 $915,580 $616,792 $298,788 As indicated in the above table, revenue projects for fiscal year 2009/2010 have been reduced. The projected revenues have been adjusted to account for the decrease in development activity due to the current economic conditions. Based on the project revenues and the average percentage of fee increase in the 2008 Fee Schedule, the estimated loss of projected revenue for development service fees is $298,788, Considerations: Development Services Department staff levels have decreased due to attrition and vacancies have not been filled. Reduced fees would result in a decrease in the level of availability of mid- level and senior staff members that, in the past, have been readily available to the community and developers without an appointment. To address this decrease in revenue and our current reduced staff levels and to ensure adequate level of service, staff recommends Council consider the following: 1. Roll -back the fees to the fees in effect prior to September 15, 2008 except those fees that were reduced would remain at the lower fee and reviewed by Council annually. Fees that were added where there had not been a fee would remain. The Council would annually review the fees. 2. There are several fees included in the 2008 Fee Schedule where there had previously been no fee (for instance the Downtown Specific Plan Consistency Review fee of $10,130 or the Historic Site Designation Fee of $5,050). In an effort to accurately reflect and potentially minimize costs to an applicant, staff recommends retaining these fees that were established in the 2008 Fee Schedule and establishing a deposit account process whereby the applicant makes an initial deposit into the account and staff would track the actual time spent on the project and bill accordingly. 3. Consolidate the Development Services public counter to offer a combined Development Services counter or virtually, a "One -stop Shop". Counter coverage would remain open to the public, Monday through Thursday for 40 hours a week. Senior staff would be available by appointment and scheduled hours for building inspections may be considered. Conditional Use Permits 2 The Land Use Code defines a variety of uses that require a Conditional Use Permit for the purpose of ensuring that the use would not impact the community. Typically, special uses that require a Conditional Use Permit have the potential to increase traffic, impact parking, and may not be compatible with the surrounding community. The City's Conditional Use Permit process does not differentiate between a potentially minor use such as a dance studio or new construction of a shopping center which has the potential to require more staff time. Recently, potential business owners have expressed concerns that processing a Conditional Use Permit for a minor land use activity and paying the current 2008 Conditional Use Permit Fee of $7,890 is excessive. As part of the fee rollback, the Conditional Use Permit fee would be restored to the 2005 Fee Schedule of $3,903. In order to address those proposed land uses that require a Conditional Use Permit but appear minor in nature, the Council may direct staff to use a deposit account (as discussed above) for those more minor land uses. The applicant would deposit a portion of the fee and based on staff time, the applicant would be billed accordingly with the maximum fee remaining at $3,903. Summary The Council may consider adopting a Resolution that would result in the following: 1. Reduce the development services fees for Engineering, Planning, Building, and Fire Departments that were increased in the 2008 Fee Schedule and restore those corresponding development services fees contained in the 2005 Fee Schedule, 2. Maintain fees that were reduced in the 2008 Fee Schedule, 3. Retaining the development services fees contained in the 2008 Fee Schedule that did not exist previously, and 4. Establish a fee deposit to allow for an applicant to make an initial deposit into the account and be billed according to the actual time incurred on processing the application. Approval of the Resolution would not result in any new fees or increase of any fee. 3 (Paw 1 of 30) 0 EXHIBIT "A" City of National City 2005 Fee Schedule (Page2 of 30) 0 V Engineering Fee iDescriptIon Fee Number 21-15 Record of Survey $ 455 21-16 Encroachment Agreement $ 320 21-17 Special Driveway Permit $ 139 21-18 Easement Check fee $ 448 21-19 Lot Line Adjustment $ 561 21-20 Sidewalk, Driveway, Curb Permit _ $ 192 2i-21 Deferrals $ 441 21-22 Sewer Permit $ 192 21-23 Flood Hazard Area Permit $ 175 21.24- Construction Permit $ 223 21-25 Annual Parkin Distrka "Permit 5.. 17 21-26 Traffic Impact Plan Review _ _ $ 546 21.27 'Traffic — $ 12 ni 21-26 Enerin ComIineFe e r_ 29221-.29 Invessation _ $ 152 21-30 Utility Company Permit (without additional inspections)- $ 258 21-31 Plan Check - Traffic Control Plan $ 158 21-32 Grading Plan Check TEM A11npl"1 Fi) iwij 1 '?NN 5 (Page 5 of 30) Fire Fee :Description Fee Wumb®r, : 12,01 Sprinkler System Improvement 20.000 sf $ 595 12-02 'Sprinkler System Improvement 20.001-45,000 st $ 761 12-03 ,Sprinkler System Improvement 45,001-80,000 s( $ 987 12-04 Sprinkler System Improvement 80,001-100,000 sf I $ 1,279 12 05 'Sprinkler System Improvement 100,000• $ 1.639 12-06 iSprinkler System New <20,000 sf $ 987 12-07 Sprinkler System New 20.001-45,000 sf $ 1,279 12-08 ;Sprinkler rnkteSystem New 45.001-80,000 sf $ 1,639 12-09 #Sprinkler System New 80,001-100,000 sf _ � $ 2,097 12-10 ISprinkler System New 100,000+ 1 $ 2.745 12-11 1Fire Alarm System Improvement <20,000 sf ; $- 398 12.12 'Fire Alarm System Improvement 20,001-45,000 st ! $ 398_ 12-13 Fire Alarm System Improvement 45.001-80.000 si $ 530 12-14 IFlie Alarm System Improvement 80,001-100,000 sf $ 862 12-15 Fire Atarm_System Improvement 100.000* $ 858' 12-16 Fire Protection System Improvement _ _ _ _ $ 270 12-17 Permits _ $i -349_ 12-18 Underground Tank - Removal $ 206- 12-19 Underground Tank -Installation $ 336 12-20 Aboveground Tank _ Installation $ 206 12-22 Malicious False Alarm Response $ 176 12.23 False Alarm Response $ 176 12-24 Complaints - Noncompliance $ 210 12-29 Fire Safety Inspection - Hazard us Occupancy l o$ 148 12130 Fire Safety Reinspectron $ 148 12-31 Fire Ground Stand-by 'T&M 12-32 Fire Department Stand-by :TSM 12-33 Arson Fire Suppression T8M t2"34 Hazardous Material Incident Response :TEM.. 12-35 Arson Investigation ,T&M _ 12- 36 Technrcial Services/Atter Hours Inspections (2 hr min) T&M A 0W ri F'UPcar/ i (Page 6 of 30) Planning Fee :Description Fee Number j 06-01 !Approval of Plans 06-02 'Annexation 06-03 'Appeal -Code Enforcement Refunded if appeal granted 06-05 iApeal - Project Processing (non-refundable) • $ 3.553 06-06 Banners - Processing _ $ 127 No fee for non -profits up for 3 days or Less I 06-07 'Banners Administrative Fee $ 1975 06.09 Certificate of Compliance $ 1,960 06-10 'Coastal DevelopmentPermit with Public Hearin _ $ _ 3,739 06-11 (Coastal Development Permit without Public Hearing $ 2.007 06-12 CodeAmen_dment $ 5,342 06-13 Conditional Use Permit $ 3,903 06-14 'Environmental Impact Report $ 15,147 16.1$ GeneravSpeci6c Plan $ 7,019 06-16 Home Occupation Permit { $ 238 16-17 interpretations $ 1,119 16-18 ilnitial Study (Fnviornmental Assessment) $ 1,283 16-19 ,Large Family Day Care $ 627 16-20 (Lot Merger _$ 649 06-23 'Planned Development Permit _ _ $ 3.906 06-24 'Planned Unit Development • $ 3.903 06-2S Preliminary Site Plan Review $ 1.439 06 26 iRequest to Initiate General/Specific Plan Change _ $ 2,136 06-27 Sign Modification $ 118 06-29 'Street Vacation $ 6 563 06-30 :Subdivision $ 5.809 06-31 I Tentative Parcel Map S 3,501 06-32 ;Time.Extension with Public Hearing _ $ 1,872 • (CUP, PD. PUD. Variance) 06-33 , lime Extension without Public Heartily (CUP, PD, PUD. Variance) 06-34 {Time Extension - Tentative Parcel Map 06-35 i lime Extension - Tentative Subdivision Map 06-36 TVariance New _iVanance - (Single Family Owner Occupied) 06-37 Zone Boundary Determination 06-38 iZone Change 06-39 General Plan Text 06-40 General Plan Map/Base Maps 06-41 'Housing Element 05 42 Design Guidelines 06-44 i Subdivision Ordinance 06-45 'Local Coastal Plan 06=46 Lan(] Use Code 09-4l Planning Commission 'ssion Agnnoas Yearly 'Subscript on; Phrpr:ol'br,ai, 1 ZG:` . $ 2.567 $ 2.861 $ 1.721 1.151 $ 1.232 $ 1232 $ 3698 $ 1 761 $ 1,945 $ 7.332 $ 22 $ 17 $ 24 $ 17 $ 11 $ 64 d 119 (Page 10 of 30) 21712005 Building Safety Department New Construction Plan Check Fees Construction Types IFR,1IFR Construction Types: 111-NR,III 1-HR,VI-HR Construction Types: _ 11N.INN,IV. VN Blended Blended Blended Bus Cost Cost for Base Cost Cost for Bus Cost Cost for g Each g Each fg Each Protect Size Threshold Additional Threshold Additional Threshold Additional UBC Class UBC Occupancy Type Threshold Slzs 100 s.t. • Size 100 s.f.' Size 100 e.t. - A-1 Theater 1,000 $ 1,528 $ 34.76 $ 1,273 $ 28.97 $ 1,019 $ 23.17 FF . _ __- 5.0ao $ 2,918 $ 33 97 $ 2,432 $ 28.31 $ 1,945 $ 22 65 10000 _ $ 4,617 $ 15.28 $ 3,847 $ 13.53 $ 3,078 $ 10.83 20•000 $ 6,241 $ 4.60 $ 5,200 1 $ 3.83 $ 4,161 $ 3.07 $0.0_00 $ 7,621 $ 5.17 $ 6,350 $ 4.31_ $ $ 3.45 - - 100,000 _5,080 $ 10,206 S 10.21 ; $ 8,505 $ 8.51 $ 6,604 $ 6.80 A.2 -... Church 1,000 5.666 $ 1,134 $ 14 33 i $ 945 $ 20 28 't $ 756 $ 2,107 $ 26.68 1 $ 1,756 • $ 22 23 $ 17404 Ti 16.22 $ 17.78 - - - to,000 $ 3,441 $ 15 36 ' $ 2,867 $ 12.81 $ 2,294 $ 10.24 -20.000 So,000 $ 4,977 $ 4.39 , $ 4,148 $ 3 66 $ 3.318 $ 6,294 • $ 4.75 $ 5,246 $ 3.96 $ 4,196 $ 2.93 $ 3.17 10o,000 $ 8,669 . $ 8 67 $ 7.224 . $ 1.22 $ 5,779 $ 5.78 ' ' A-2 t Auditorium 1000 $ 1,001 ; $ 21.44 . $ 835 $ 17 86 $ 668 $ 14.29 • 5000 $ 1,859 $ 23.63 $ 1,549 , $ 19 70 $ 1,239 $ 15.75_ - lo.000 $ 3,040 $ 13 74 $ 2.534 ! $ 11 45 , $ 2.027 $ 9.16 20.000 $ 4.414 5 3.91 $ 3,678'$ 326,$ 2343t$ 2.61 - -.. 50,000 too.000 $ 5,588 ' $ 4 24 . $ 4,658 j $ 3 53 1 $ 3,725 $ 2.82 $ 7,707 $ 7 71 $ 6.422 ; $ 6.42 $ 5.137 $ _ 5.14 A-2 1 Restaurant 1.000 $ 1,211 $ 25 69 $ 1,010 r $ 21 40 : $_ 808 $ 17.12 5.000 $ 2,239 1 $ 28 83 ; $ 1,866 : $ 24 03 ' $ 1,493 $ 19.22 to.000 $ 3.680 $ 1 / 17 $ 3,067 5 14 31 $ 2,454 $ 11.45 20 000 $ 5,398 $ 4 91 $ 4,498 ' $ 4 09 1 $ 3,599 $ 3.27 50000 $ 6.871 S 5 28 ? $ 5.725 $ 4 39 $ 4,580 $ 3.52 t00000 $ 9,509 i $ 951 5 7,921 $ 192 $ 6.338 $ 6.34 Restaurant tenant I'nprovernenrs ?b0 $ 656 ! $ 69 05 $ 546 . $ 57.54 $ 437 $ 46 03 1 000 $ 1.208 $ 78 48 $ 1,007 $ 65.40 $ 806 $ 52.32 2 000 1,993 $ 47.53 , $ 1.661 1 $ 38 35 ; $ 1,328 $ 31 68 4.000 _$ $ 2,943 $ 13 59 $ 2.453 ' $ 11 33 i.$ 1,962 $ 9 06 to 000 $ 3.759 $ 1.62 5 3.132 $ 1 35 $ 2.506 $ - 1.08 1u3.000 b 5.216 $ 5 22 S 4.34 i • $ 4 35 ; $ 3,478 $ 3.48 A ) Small Assembly Flukhno SOO $ 898 $ 39.27 5 - 748 15 32 72 i $ 598 $ 26.60 Soo $ 1,683 $ 41.50 $ 1.402 $ 34.58 ' $ 1,122 $ 27.66 ,-,.000 $ 2,720 . $ 22.68 ' $ 2.267 5 18 89 $ 1,814 $ 15. 12 1 •.i'a)0 $ 3,854 , $ 6 45 $ 3.211 5 5 37 5 2.569 $ 4 3C) 2s000 5 4,822' $ /06 $ 4.017 $ 589 S 3214 $ 471 5•,�,0 $ 6.588 5 13 18 I 5.489 5 '0 98 I $ 4,391 5 8 78 .0? 1,1 Rank r C.-if) S 1,1153 j 22 •.14 S CP 18 61 $ 5 89 - 3 1 .,4' 2r, -, •i2: 2, 90 . 1 208 .i 6 72 n. _. 111 . _ ... 12 44 _ 7.134 _ 9 b5 . ;"..-,1 1 4 2i- , • . _ 55 ! .i 1') _ 2 24 r c =• 5 - - - .. - = 18 61 $ 35! 5 to Si v >•. S 22 '.a 4, .C. - n tauna:ci„cl o-- 5 a74 3. 2-,0: oI1 5 2690_$ 649 5 1672 1. 1' :t 1;r., 1Pf;1 R41 Nmoo Norro 8 (Page 11 of 30) 2i7/2005 Building Safety Department New Construction Plan Check Fees j t Construction Types. Construction Types: Construction Types: IFR,IIFR 111-NR, 111 1-HR, V 1.HR II N, III N, IV, V N Blended Blooded Blended Base Cost Cost for Base Cost Cost for Base Cost Cost for Each @ Each tg Each UBC moss UBC Occupancy Type Project Size Threshold Threshold Size _ Ad10166sl 1003.1. ' Threshold Size Additional 100 s.1. ' Threshold Size Additional 100 s.f. • 5,000 $ 1,600 $ 15.36 $ 1,334 $ 12 44 $ 1,067 5 9.95 to,000 $ 2,347 $ 4 26 ; $ 1,956 $ 3 55 $ 1,565 $ 2.84 25,000 $ 2,986 1 $ 4 59 $ 2,489 $ 3.82 $ 1,991 $ 3.06 so.000 $ 4,133 $ 8.27 $ 3.444 , $ 6 89 $ $ 5.51 MedicalorlKe •t,000 $ 1,567 _2,755 $ 34.82 $ 1,306 i $ 29.01 $ 1,045 $ 23.21 s.000 $ 2,960 3 35 72 ; $ 2.467 . $ 29 76 $ 1,974 $ 23.61 1a.o0o $ 4,746 $ 18.59 , $ 3,955 : $ 15 50 $ 3,164 $ 12.39 _ 20,000 $ 6,605 $ 5.28 ; $ 5,505 , $ 4.40 $ 4,403 $ 3.52 • so.000 $ 8,190 $ 5 84 . $ 6,825 $ 4 86 $ 5,460 $ 3.89 too.000 $ 11.109 $ 11 11 $ 9,257 $ 9 26 $ 7,405 $ 40 e Offices 1,000 $ 1,320 _7 $ 2900 $ 1,100 • $ _24 17 $ 880 I $ 19.33 s.000 $ 2,480 $ 30.41 . $ 2,067 $ 25.35 • $ 1,654 I $.20 27 to.noo $ 4.001 $ 16.39 $ 3,334 $ 13 66 ' $ 2.667 • $ 1.0 93 - 20.909 $ 5.640 • $ 4 67 $ 4,700 • $ 3 89 , $ 3,760 $ 3.11 so.000 $ 7,041 $ 512 $ 5,867 $ 4.27 $ 4.694 $ 3.41 too.000 $ 9,601 $ 9.60 • $ 8,001 $ 8 00$ 6,401 $ 6.40 OOfficeTenant Improverieras - 250 $ 344 ' $ 30. 77 $ 287 $ 25.64 '_ $ 229 $ 20. 51 1.25o $ _ 652 ' $ 31 20 $ 543 ' $ 26 00 • $ 435 : $ 20.80 2.5ou _ $ 1.042 1 $ 15.93 $ 868 . $ 13 28 $ 695 I $ 10.62 s.000 $ 1.440_ $ 4 52 ' $ 1.200 ' 3 3 17 ' $ 960 $ 3 01 I2,500 $ 1,779 . $ 5 02 . 5 1483 $ 4.18 $ 1,15QQ 1 $ 3 35 25 000 $ 2.407 , $ 963 $ 2,006 $ 8.02 $ 1.604 1 $ 6 42 High lime Office Budding 5 000 $ 4,341 , $ 18 50 $ 3,611 ' 5 15 41 $ 2,894 i $ 12 33 25 000 _ $ 8 041 $ 20 57 $ 6, 700 3 17 14 $ 5.360 $ 13.71 so.000 $ 13.184 $ 12 11 $ 10,985 . $ 10.10 , $ 8. /89 t$ 8 08 100.000 $ 19,240 $ 3.46 , $ 16.036 ; $ 2 88 $ 12.827 ' $ 2.31 ' 250.000 _ $ 24.434 . $ 3 73. i $ 20 360 S 3 10 $ 16,_286 $ 2.48 500000 _' $33,747;3 675 528.119 $ 5.62i$22.191I$ 450 U High Rise Condo Building 5 000 $ 4,341 , $ 18 50 $ 3,617 1 $ 15 41 ; S 2.894 1_$ 12 33 2s.oro $ 8,041 : $ 20.52 $ 6,700 . 5 t 7 14 1 $ 5,360 j $ 13 71 50.0uo $ 13,184 5 12 11 _$,10,985 • $ 10 10 ; $ 8,789 L $ 808 I00.000 S 19.240 S 3 46 ' $ 16,036 I $ 2.88 ' $ 12.827 ' $ 2.31 250 ow 3 24.434 $ 3 73 ' $ 20,360 $ 3 10 $ 16,286 :_$ 2.48 zoo 000 $ 33,147 . $ =, 75 , $ 28.119 $ 5 62 , $ 22,491 1 $ 4.50 fC I Preschool r School ',00 3 1;47 $ 29 33 $ 539 . $ 234',1 . $ 431 ! $ 18 89 .,`_30 $ 1 213 5 7:, 88 S 1,011 . $ 74 90 5 609 $ 19 92 . t, 1 96 1 4 10: 25 .. 1 0 i.I 1 ? 54 5 1.307 3 10 83 i_ 0':) ., . .73 5 4 -33 2 313 - .; t'C 5 1 F48 $ 3 OR - .,,,. . ..1f;- _ 0. , . .:,; -1 %' $ ,311 3 38 ..---- -. ';.,»;�, c 4 7-4'? :.,1 ..17 :9.13. ,' 99 5 -1 15Fi 5 5 31 E „ :i,r, ._ c 523 . r; ,_ 4.1-, 5 3:' 2 1 .5 352 S 2'', 78 i' - - 9"- i 4:51 5 5 - .1.,._ •62 3 2702 . 3 1 r_r,6 ; _' 05 $ ' i34 '.5 e2 5 1 067 S 14 58 - L--- .--.----- - ---- `t. < 2S:, S i n 5 i BAi: r . 18 S 1.`04 3 4 t° 1---... L. z2 3 i ep,;: s 13 $ 1,tV4 1 U, 9 (Pogo 12 of 30) 2/7/2005 Building Safety Department New Construction Plan Check Fees 3 UBC Class Construction Types: 1FR,IIFR Construction Types: II 1•HR, Ill 1-HR. V I-HR Construction Types: II N. III N, IV, V N -_ UBC Occupancy Type Protect Size Threshold ease Cost Threshold Size Blended Cost for Each Additional 100 s.f. • Base Cost Threshold Size Blended Cost for Each Additional 100 s.f. • Base Cost 6 Threshold Size Blended Cost for Each Additional 100 s.f. _ 15.000 $ 2,616 $ 6.83 $ 2,347 $ 5.69 $ 1.877 • $ 4.56 30,000 $ 3,840 $ 12.80 $ 3,200 $ 1067 $ 2,560 $ 8.53 E-3 F-1 F2 H2 Daycare Woodworking / Industrial / Manufactuo,.g Sleet PioJuclion/Fabhcahon Moderate £rplosion Hazard 11-3 High File Hazard H-4 Regan Gel age f1. ::111. 111.1 i1-i .1., 300 $ 475 $ 34.95 5 396 $ 29.12 $ 317 $ 23.30 1,500 $ 895 $ 36 36 $ 746 $ 30.29 $ 596 LE 24.23 3.000 $ 1,440 . $ 19.38 $ 1,200 $ 16.15 $ 960 1 $ 12.92 6-0D0 $ _ 2,021 $ 5.51 $ 1,685 $ 4 59 $ 1,348 I $ 3.68 13,994 $ 2,517 $ 0,40 $ Z,498 $ 5 45 $ 1,074 ($ .4.04 30.000 $ 3,427 . $ 11.42 $ 2,855 $ 9.52 $ 2,284 1.so0 $ 1,264 ' $ 17.87 f 1,053 $ 14 89 . $ 843 $ 11 91 7,500 $ 2,336 $ 20.06 $ 1,947 . 3 16 72 $ 1,557- . $ 13.37 15,000 $ 3,840 ; $ 11.94 . $ 3,200 , $ 9.95 $ 2,560 1 $ 7.98 30.o00 $ _ 5,632 $ 3.41 ' $ _ 4,694 $ 2.84 $ 3,755 $ 2.28 75.000 $ 7,169 $ 3.67 , f 5,972 $ 3 07 $ 4.779 j $ 2.45 iso,000 $ 9,923 $ 6.62 $ 8.272 $ 5.51 $ 6,615 $ 4.41 2.000 $ 1,698 S 17 78 $ 1,415 $ 14 81 $ 1,132 $ 11.85 mow $ 3,121 . $ 2043 _ $ 2.600 $ 17 03 $ 2,080 ,$_ 13.62 20.000 $ 5,163 • $ 12.56 $ 4_303 1 $ 10.47 $ 3,442 $ 8 37 40000 $ 7,676 $ 3 60 $ 6,397 ' $ 2 99 $ 5.117 f $ 2 40 100.000 $ 9,836 , $ 3.84 $ 8.194 $ 3 20 $ 6.556 $ 2.56 200.00o $ 13,675 $ 6.84 $ 11,390 . $ 5.70 . $ 9,114 :__S 4 56 600 $ 843 1 $ 30 14 f 703 : $ 25 12 $ 562 ' $ 20 10 3.000 $ 1,567 $ 33.12 $ 1,306 $ 27.59 $ 1.045 1 $ 22.08 000 $ 2.560 $ 19 16 1 $ 2,134 ; $ 15 97 . $ 1,707 ' $ 12 77 12000 5 3,710 $ 5.46 $ 3.092 $ _ 4 55_' $ 2.473 1 $ 3 64 _ 30.000 $ 4,694 $ 5 92 ' $ 3,911 , $ 4 93 $ 3,129 1 $ 3.94 60.000 $ 6,469 $ 10 78 $ 5,390 . $ 8 98 $ 4.312 ' $ 7 19 roo $ 896 $ 32 01 I $ 74 / 1 $ 26 67 ; $ 597 5 21.34 .1,000 $ 1,664 $ 35 20 $ 1.387 $ 29.33 $ 1.110 i $ 23 47 6.000 $ 2,720 f 20 40 , $ 2.267 i S 17 00 : $ 1,814 5 13 60 11.000 5 3.544 5 5 62 5 3.267 3 4 85 3 2.529 ' $ 3 58 30.000 $ 4.992 $ 6 29 I $ 4.159 , $ _ 5 25 _ $ 3,328 $ 4 20 60 000 $ 6,671 $ 11 47 • $ 5.733 $ 9 56 5 4,586 $_ 7 64 600 5 771 , $ 27 55 1 $ 648 5 22.95 $ 518 5 16 36 3.030 5 1.438 i $ 30 74 $ 1.198 _ $ 25 02 5 959 $ 20 49 6.uoo 5 2.360 5 18 17 $ 1.967 5 15 14 5 1.573 $ 1211 17000 $ 3450 5 5.19 $ 2.8/5 5 4 33 s 2,300 S 346 O�n 5 a :185 5 5 59 S 3 654 S 4 '5 5 �?23 5 "i 72 $ ir.; I 5 1.0 10 1, i11t : 8 //4,! '.1 1 :1, 21 511 1r t195 l•1 4r: Fit-) 3 -' 00' 5 l 1 23 - 1 _ 5 ` ' 0:' 5 24 , • cY ::3`: 1`> 53 i, ..- . 2 6:,ii . 1 ! 1,17 $5 31' 5 4 63 J.233 5 , 7 5s 2 0F4 - 47 2 15' 7.17 s . 356 ; 1.1 65 ` 3.'354 5 12 21 S 2.931 $ 9 77 1 1 l tt .; - nitl ti: 41 5 L 1`55 : 1 1 10 (Page 13 of 301 2/7/2005 Building Safety Department New Construction Plan Check Fees Construction Types: I FR, II FR Construction Types: II 1-HR. 111 1-HR, V 1.NR Construction Types: IIRAIN, IV,VN UBC Class U8C Occupancy Type Project Size Threshold Base Cost Threshold Size Blended Cost for Each Additional 100 s.f. • Blended Blended Base Cost Cosl for Base Cost Cosl for Each Each Threshold Additional Threshold Additional Size 100 s.f. • Size 100 s.f. • 12 Health Care Centers I.000 5.000 10.000 20,000 50.000 100,000 1-2 Nursing Home / Assisled Living 1_000 5,000 10.000 20.000 53.000 100,000 Stores (Retad) 1.000 5.000 10 000 10.000 50.000 100 000 Markel Renal Tenant Impro.•ements 500 1.500 5.000 1.) 000 15 000 50 000 500 7 500 5 000 10.000 000 50 000 Apanmenl Bldg 6G0111'44 01:13 : I'':o .(I 10,i 1. 000 5.070 10.Cr;0 2 J.000 1130 0i10 $ 1,187 $ 25 67 $ 989 $ 21.39 $ 791 $ 17 12 $ 2.214 $ 27.74 S. 1.845 $ 2312 $ 1,476 $ 18.49 $ 3.601 $ 15.67 $ 3.000 $ 13 05 $ 2.400 $ 10.45 $ 5,168 . $ 4.47 S 4,306.. $ 3 73 . $ 3,445 $ 2.98 $ 6,508 I $ 4 85 ; $ 5,424 ' $ 4 04 $ 4.339 1 $ _ 3.23 $ 8,933 • $ 8.93 $ 7,447 !_$ 7.45 $ 5,956 I $ 5.96 $ 1,320 $ 29.00 $ 1,100 $ 2417 $ 880 $ 19.33 $ 2.480 $ 3041 $ 2,067 $ 25.35 $ 1,654 1 $ 20.27 $ 4,001 $ 16 39 $ 3.334 $ 13 66 $ 2.667 $ 10 93 $ 5,640 $ 4 67 ' $ 4,700 $ 3 89 $ 3.760 ! $ 3 11 $ 7,041 , $ 5.12 $ 5,867 $ 4 27 $ 4,691 3 41 $ 9,601 • $ 9.60 ' $ 8.001 $ 8 00 $ 6_,401 1_$ 6.40 $ 1,108 $ 2410 $ 924 5 _20.09 5 739 $ 1607 $ 7.072 $ 25 77 $ 1.777 $ 21 47 $ 1.301 i 3 17 16 - S 3.360 $ 14.32 $ 2,801 $ 11 93 $ 2,240 ` $ 9.54 $ 4.792 ! $ 4 08 : $ 3,993 ; $ 3 41 , $ 3,195 1 $ 2-72 $ 6,017 $ 4 45 ! $ 5.015 1 $ 3.70 ; $ 4,011 1 $ 2 97 $ 8,240 $ 8 24 ! $ 6,867 $ 6 87 ' $ 5,494 T $ 5.49 $ 660 $ 29.00 $ 550 $ 24 1 7 $ 440 ; S. 19 33 5 1 240 $ 30 41 $ 1,033 $ 25.35 S 827-1 $ 20 27 5 2.000 $ 16 39 $ 1.667 $ 13 66 : $ 1 334 t $ 10 93J 5 2,820 5 4 67 $ 2.350 • $ 3 89 $ 1,880 , $ 3 11 S 3.521 5 5 12 $ 2.934 $ 4.27 $ 2.347 S 3 41 $ 4.801 5 9 60 $ 4.001 $ 8 00 $ 3,200 I $ 6 40 $ 403 $ 17 25 $ 336 $ 14 3i ' $ 269 LS 11 50_ 5 748 $ 19.04 _ $ 623 $ 15 88 i $ 499 i $ 12.70 5 1.224 $ 11 10 $ 1,020 $ 9 25 I $ 816 S. 7 40. $ 1.779 $ 3 18 , $ 1.483 S 2 65 S 1,186 $ 2 12 5 2.255_, $ 3 43 • $ 1.880 I $ 2 86 1 $ 1504 $ 2 28 5 3.112 • $ 6 22 5 2.594 ; $ 5.19 $ 2.075 $ 4 15 $ 1,066 1 5 22 56 ; $ _ 889 $ 18 80 $ 711 i $ 15 04 $ 1.969 ! $ 2543 $ 1,641 $ 21 19 $ 1.31311 $ 16 95 S 3,240 $ 15 24 S 2,700 , $ 12 70 $ 2,160 $ 10 16 $ 4 764 $ 4 36 , $ 3,970 $ 3 63 $ 3,176 $ 2 90 $ 6.071 $ 467 $ 5,059 , 5 389 ` $ 4.047_ $ 3 11 5 6,404 5 8 40 5 7 006 • '5 ' 01 $ 5 603 $ 5 60 14 50 5 Fr12 _ 12 1.; 498 $ 15 03 5 1 08 `_ 15, 3 886 3 12 68 2E0 ? 1 f 4'3 3 1 00O $ 11 23 S 1 520 5 8 98 3 =✓8 5 387 30-451. 322 3 418 3 258 1 'E5 4 11; 3 f._., 3 33. $ . 102 S 2 00 3 ` 66.1 _• _ pal 3 t '0 ` 6 - 4,53h 3 4.54 202 -1"'.G1 $ 010 5 1018 5 728 $ 1534 2.013 • 5 26 '15 1 6,_7 5 21 79 $ 1 342 $17 43' " ' I (Page 14 01 30) 217/2005 Building Safety Department New Construction Plan Check Fees ' < Construction Types: I FR, II FR Construction Types: II 1-HR, Ill 1-HR, V I-HR Construction Types: II N, 111 N. IV, V N Blended Blended Blended Base Cost Cott for Base Cost Cost for Base Cost Cost for e Each a Each a Each Protect Size Threshold Additional Threshold Additional Threshol0 Additional UBC Class UBC Occupancy Type Threshold Size _ 100 s.f. ' Size 100 s.f. ' Size 100 cf. • 10.000 $ 3,320 $ 15.84 $ 2,767 $ 13.20 $ 2,213 $ 10.56 _ 20.000 $ 4,904 $ 4 53 $ 4,087 $ 3 77 $ 3,269 $ 3.02 _ 50000 $ 6,262 $ 4.86 $ 5.219 $ 4 04 $ 4.175 $ 3.23 100.000 $ 8,690 $ 8.69 $ 7,241 ' $ 7 24 $ 5,792 $ 5.79 12-3 Dwellings - Custom, Models 1,500 $ 827 $ 13.34 2.500 $ 960 $ 10.67 4.000 - $ 1.120 $ 10.68 s,o0o $ 1,227 $ 14.94 500 $ 1,600 $ 21.34 10.000J $ 2.134 I $ 21.34 R-3 Dwellings - Production Phase 1_500 $ 613 r$ 10.66 - 2.500 - $ 720 $ 8.90 - 4,000 $ 8531 $ 8.00 _ 5,000 $ 934.1 $ 5.33 7,500 $ 1.067 S 81 10,000 _ - - - S 1,387 _12 _ 1 $ 13.87 R-3 Alternate Malenals 1.500 s $ 1,040 i $ 13.33 2 500 - ' $ 1,173 I $ 10.67 4000 $ 1.334 $ 1066 5.000 $ 1,440 ; $ 1494- . . -- 7.500 - $ i,814.1,$_ 21 34 10.000 - $ 2,347 1 $ 2347 R . Z I. G.ouo C.ue Non Ant• (6.1 1,000 $ 1,211 $ 2569 $ 1,010 $ 2140 • $ 808 $ 17 12 5.000 $ 2,239 $ 2883.. $ 1,866 $ 24 03 .. $ 1.493 '.$ 19 22 10,000 $ 3,680 - $ 17.17 : $ 3,067 ' $ 14 31 $ 2,454 1 $ 11 45 20.000 $ 5.398 I $ 4 91 : $ 4 498 $ 4 09 $ 3,599 1 $ 3 27 50.000 $ G,871 $ 5.28 i $ 5,725 $ 4 39 $ 4,580 $ 3 52 100,000 $ 9,509 $ 9 51 • $ 1,921 I $ 7 92 • $ 5,338 i $ 6 34 R-2 2 d Group Cd'e,Ambulatory• (6•) 1000 $ 1.159 I $ 24 57 • $ 966 ' $ 20.48. $ 772 $ 16.38 • 5.000 $ 7.142 $ 27.58 ' S 1,785 ' $ 22.58 1 $ 1.428 � $ 1639 10.000 $ 3_520 $ 16 43 . $ 2.934 S $ 13 TO $ 2.347 - $ 10 95 20.000 $ 5.163 $ 4 69 ' $ 4,303 . $ 3.91 . $ 3,442 $ 3 13 50000 $ 6,571 $ 5 04 S 5,477 ' $ 4 20 $ 4.381 ! $ _ 3 36 100.000 $ 9,093 $ 9 09 $ 7.577 $ 7 58 $ 6,061 $ 6 06_ R-2 1 1 Groin) t,a,^, N]n.A•nh - 1 '. , 7.n $ 843 $ 25 53 ; S 702 $ 21 27 $ 562 : S 17 G2 _ seo 5 1,557 $ 20 65 3 1 298 $ 23 87 $ 1 035 $ 19.10 o-).' 5 2.500 S 17 07 $ 2.133 $ 14 22 : 1 . 07 3 1 1 39 ,. 3 3755 $ 488 S 1.129 • 5 4.,, ., 25,',3 3 325 .._r, 1 , 79 _ 5 25 $ 1 9f.2 '3 4 ., UK 13 Y) _.-, 6 615 5 9 45 3 5..511 S . 88 : 4 4'C S '4 }) 79',-; S >1 33 - �., _ 1'- ,S _. S 1. •_ -., S 1 n6U _ 23 35 1 2;, 5 22 '.8 c. _ , _ 1 ✓.) • ,;ct.. $ 2.400 S 10 0; 3 2 060 S 1 •? 34 > 1 600 3 10.t. 14 0r:n S 1 520 5 4 57 $ 2.934 : 3 81 5 2.34; _ 1 OS rl 'S 74fii, 5 16'11 2000 a, 1'.;14 ) 16Uil 1C' (Page 15 of 30i 277l2005 Building Safety Department New Construction r val. VaaGlan a ri6J Construction Types: Construction Types: Construction Types_ IFR,IIfR II1-HR,III 1.HR,V1-HR 11N, III N, iV. V N Blended Blended Blended Base Cost Cost for Base Cost Cost for Base Cost Cost for fa Each 4g Each @ Each Project Size Threshold Additional Threil►old Additional Threshold Additional UBC Class UBC Occupancy Type Threshold Size 100 s f, • Size 100 s.f.' Size 100 s.f. ' 35.000 $ 4,481 $ 4 91 $ 3,734 $ 4.10 $ 2,987 $ 3.28 - ro,000 $ 6,200 $ 8 86 $ 5.169 $ 7 38 $ 4.134 $ _ 5.91_ S-t M_ ini Storage 1,000 $ 921 $ 19 44 $ 768 $ 16.20 $ 614 $ 12.96 _ 5.000 _ $ 1,699 $ 22 03 $ 1.4.16..$ 18 36 $ 1_133 $ 14.69 - 10.000 _ $ 2,801 $ 13 29 $ 2,334 , $ 11.07 $ 1,867 $ 8.86 20.000 $ 4,129 $ 3 81 $ 3,441 $ 3.17 $ 2,753- $ 2.54 50.000 $ 5,271 . 3 4 07 $ 4,391 , 3 3.40 $ 3,513 $ 2.72 100.000 $ 7,308 ' $ 7 31 ' $ 6,090 • $ 6 09 _. $ 4,872 $ 4.87 S-2 low Hazard S torap_e 1.000 $ 803 $ 16 98 • $ 669 $ 14 15 -$ 536 $ 11 32_ --, 5,000 $ 1,482 $ 1916 _ $_ 1,235 $ 1596; $ 98_8 S 12.77 10.000 $ 2,440 7 $ 11 50 • $ 2,033 : $ 9.58 $ 1,627 $ 7 67 20.000 $ 3,59_0 • $ 3 29 r $ 2,991 S. 2 74 ' $ 2,393-' $ 2 19 so.oc0 $ 4,578 ' $ 3752 ' $ 3.814 $ 2 94 $ 3,5511$ 2.35 100000 $ 6.338 $ 6.34 ' $ 5,284 $ 5.28 ' $ 4,225 '' $ 4.23 5•3 Repair Gar.l )e -500 $ 632 $ 26 80 $ 527 $ 22 34 $ 421 1$ 17 87 2.500 $_ 1,168 $ 30.09 • $ 974 $ 25.07 ' $ 779 , $ 20 06 soon _ $ 1,920 $ 17 92 $ 1,600 ' $ 14.94 $ 1,280 ' $ 11.94 )0000 $ 2.816 $ 5 12 $ 2.347 $ 4 27 $ 1,877 i $ 3 41 _ 25000 $ 3 585 $ 5 51 $ 2,987 $ 4.59 $ 2,390 : $ 3 67 `0 000 3 4,962 $ 9 92 $ 4,135 $ 8 27 $ 3,308 1 $ 6 62_ S-3 Motor venue foel D'snensr„v --_ 1 000 $ 1.013 ' 3 21 23 I $ 844 1 $ 1769 ' $ 675 ' $ 14 15 5.000 $ 1,842 ' $ 24.35' $ 1:552 t $ 24:39 ; $ 1,242 r $ 15.24 to uuu 5 3.08u $ 14 94 $ 2.567 $ 12 45 . $ 2,053 $ 9 96 :0000 $ 4,574 $ 4 28 , $ :1.812 $ 3 56 : $ 3,049 , $ 2 85 59.000 3 5.857 ' $ 4 57 , $ 4,880 ' $ 3 81 $ 3,904 , $ 3 05 • loo.000 $ 8,140 $ 8 14 ' $ 6.783 1 $ 6 78 1 $ 5.426 L $ 5 43 5.4 Open F>arkengGaragc,•letacr,41 I,coo 5 1,555 . $ 33.85 i $ 1.296 ' $ 28.21 ' $ 1_037 i $ 22.57 5000 $ 2909 $ 36.14 ' $ 2.425 ' $ 30 12 ! $ 1,940 1 $ 2409 1000 $ 4,716 $ 20 05 i 3 3,930 ' $ 16.71 I $ 3.144 ! $ 13.36 ,n ubo $ 6,721 . S 5 71 : S 5.601 I $ 4 75 ; $ 4.481 : $ 3 81 50 t.•oo $ 8.434 ; S 6 23 ' $ 7.027 I $ 5.20 , $ 5_622 i $ 4 15 ,00..w $ 11.550 , $ 11 55 1 $ 9.622 ! $ 9 62 , $ 7.699' $ 7 70 tau / R&C 1_000 $ 1.424 $ 30.80 $ 1,187 ' $ 25.67 $ 9491 $ 20 53 .000 3 2.655 , S 33 28 5 2,213 t $ 27 73 , $ 1,771 1_$ 22 18 1'1 .:00 $ 4 320 $ 18 81 ' S 3.600 ; $ 15.67 : $ 2 F80 $ 12.54 . ,:. , S 6 201 5 16 S 5.167 . $ 4 47 $ 4.134 ' $ 3 57 - - •,10 $'(:3 3 6.50N . 4 85 $ 5.206 _ -, 89 ,, 1, 72 _ e 9.35 '$ 8 94 i • .148 $ • '5 o,,.., i, •.,, is ,:.r . .,. S _ y . , 3 725 1 15 6:1 S $80 S 1; Sv t.:,ir, z(`41 T. 1'3 .') 5 113' ,f'83 q 13tn , ... _ - _ ;•i '.2.'. D . •> 3 1. S , /'.i ... 1. E'1.1 _• _ -1 .. I'0 C, D 2.=36 ..• > 21 +._ 3 4 r, 1 $ .1 5'3 $ 4.001 3 .3 00 S 3.2')0 .. 7 40 (: 5 6.:i,.,2 J •:/ 60 5 5.502 $ 5 50 $ 4 402 $ 4 40 1 kr. 4,., C ,1 (If,1 2 ,lii, . 1 '/,1f1 ') A(1I 13 (Page tfi of 30) 2/7/2005 Building Safety Department New Construction Plan Check Fees I I Construction Types: I FR, II FR Construction Types: II 1-HR, Pf 1-HR. V 1.HR Construction Types_ II N. III N. IV, V N Bonded Blended Blended Bass Cost Cost for Base Cost Cost for Base Cost Cost for g Each @ Each @ Each Prokect Size Threshold AddltlonN Threshold Additional Threshold Addltlori§1 UBC Class MC Occupancy Type Threshold Size 100 s.t.' Size 100 el. • Size 100 s.T. SHELL BUILDINGS 0 All Shell Buildings 1.000 $ 845 $ 18.56 S 704 $ 15.47 $ 563 $ 12.37 5,000 $ 1,588 $ 19 46 $ 1,323 $ 16.22 ; $ 1,058 $ 12.97 10,000 $ 2,560—i 10.49 $ 2,134 $ 8.74 ' $ 1,707 1 S 7.00 20.000 $ 3,609 $ 2.99 S 3,008 $ 2 49 , $ 2,407 $ 1.99 50,000 S 4,507 $ 3.28T $ 3,755 $ 2 73 , $ 3,003 $ 2.18 100.000 S 6,145 S 6.14 . $ 5,120 $ 5 12 $ 4,095 $ 4.10 (Page 17 of 30) 2/7/2005 Building Safety Department New Construction inspection rees Construction Types: Construction Types: Construction Types: _ 1 FR. N ER II 1-HR, Ile 1-HR, V 1-HP II N. IN N, IV, V N Blended Blended Blended Base Cost Cost lor Bass Cost Cost for Base Cost Cost for Project @ Each 1i Each @ Each ilk Size Threshold Additional Threshold Additional Threshold Additional Class UBC Occupancy Type Threshold Size 100s.f.' Stu 100s.f.' Size 100s.f.' Al Theater 1,000 5,000 $ _ 2,291 $ 52 15 $ 1,910 $ 4,377 '-$ 50 96 $ 3,648 $ 43 45 $ 42 47 $ 1.528 $ 34 76 $ 2,918 $ 33.98 _ 10.000 $ 6,925 $ 22.92 ' $ 5,771 $ 20,30 $ 4,617 $ 16.24 20.000 $ 9.362 $ 6.90 $ 7,801 $ 5.75 $ 6.241 $ 4 60 ..- 50.000 $ 11,431 $ 7.76 j $ 9,526 $ 6.46 17 $ 7.620 . $ 5 100,000 $ 15,309 $ 15.31 $ 12,758 , $ 12.76 • $ 10,206 $ 10 21 A-2 Church 1.000 $ 1,700 $ 36 50 $ 1,417 I $ 30.42 ' $ 1,133 ; $ 24.34 5,000 $ 3,160 $ 40.02 $ 2,633 r $ 33.34 $ 2,107 ; $ 26 67 10.000 $ 5,161 $ 23 05 • $ 4,300 , $ 19.22 ; $ 3.440 : $ 15.37 20.000 $ _ 7466 $ 6.58 :.$ 6.222_i $ 5 49 +_$ 4,977 $ 4 39 50.000 $ 9,441 $ 7.13 $ 7,869 ' $ 5 93 , $ 6.294 ' $ 4 75 100.000 $ 13.003 $ 13.00 5 10,836 • $ 10.84 • $ 8,669 ' $ 8 67 A-2 1 AWrlonum 1.000 $ 1.502 $ 32.16 $ 1,252 ' $ 26 79 $ 1,002 ' $ 21 44 5.000 $ 2.788 $ 35 44 $ 2.323 , $ 29.55 $ 1,859 $ 23 63 l0000 $ 4,561 • $ 2061 $ 3,801 $ 17.17 • $ 3.040 $ 13.73 2u.000 $ 6.621 ; $ 5 87 $ 5,518 $ 4.90 . $ 4,414 • $ 3.91 50.000 $ 8,382 . $ 6.36 $ 6,987 $ 5.29 $ 5.588 i $ 4.23 100000 _ $ 11,561 $ 11.56 • $ 9.633 $ 9.63 $ 7 705 . $ 7 70 A-2 1 Peslat ,ant 1 000 $ 1,817 $ 3853 ; $ 1,515 : $ 32 10 $ 1.211 • $ 25 69 5 000 $ 3,359 , $ 43 25 $ 2,798 $ 36 05 , $ 2.239 - $ 28 84 so 000 _ $ 5.521 ;_S 25.76 $ 4,601 : $ 21 46 ' $ 3.680 ; $ 17 17 20.000 $ 8.09 / : $ 7 36 $ 6,747 ' $ 613 ' $ 5,398 I $ 4 91 so.000 $ 10.307 $ 7 91 ' S 8.587 1 $ 6 59 $ 6.870 $ 5 27 -.__i___ __ 100auu $ 14.263 $ 14 26 $ 11,882 ' S. 11.88 - $ 9.501 $ 9 51 Itestau .rl Tenant I,,'prrAemen 200 $ 983 , $ 103 51 $ 820 5 86.31 $ 656 r $ G9.05 1000 $ 1.817 $ 117.72 - $ 1.510 •• $ 9_8 10 5 1 208 $ 78 48 ?ow $ 2.989 , $ 71 29 ..$ 2,491 i $ 57.52 ' $ 1,993 j $ 4 /.53 4.000 $ 4.415 5 20.38 ' $ 3.679 1 $ 16 99 ' $ 2•,943 j $13 59 so u' $ 5,6:38 $ 2.43 , $ 4,699 , $ 2.02 i $ 3,759 1 $ 1 62 tct.1000 S /,925 ' S / 82 $ 6.521 . $ 6 52 i $ 5.216 , $ 5.22 A: 1 Snail r crel.by Brr,l,i,n.; . 500 $ 1,346 I $ 58 91 _ $ 1, 122 $ 49 08 j $ 897 $ 39 90 2 500 $ 2.524 ' $ 62 24 $ 2.104 I $ 51.87 ' $ 1.683 $ 41.49 s oou I $ 4 081 ' $ 34 01 , $ 3,400 1 $ 28.34 $ 2.720 $ 22 67 iuwo _ 1 $ 5.781 $ 968 $ 4.817 I $ 8 06 ,. $ 3,854 $ 6 45 ?'• cou $ 7.232 • $ 10 60 ' $ 6 026 . $ 8 83 , $ 4.821 , $ 7 06 _ 50 a o s 9.892 • 5 19 ,'6 $ 8.234 $ 16 47 S 6.58..7 5 13 17 n har I•. - I ''- 2 1 5°r1 • 11 33 50 $ 1 317 3 21 92 : 5 1 05'3 5 22 32 .":o _ 2 y20 $ 3/ 61 $ 2 434 3 31 34 $ 1.04; 75 57 $ 4801 5 2246' 3 4001 5 1806 1 3200 .. ;403 041 139 $ 5867 $ 533 ., 4,:34'7 421 6 _... . 88 $ .4t33 5 c ,. 4 ;51 r - l7 -rU 1 1; :V 3 I0.332 3 1V ;3 `5.2C6 . c 27 n Lar.n:::,n-it - ;. 7`:!1 5 33 50 $ 558 5 2: '22 $ 57•' 5 22 +; 2.00 $ 1,460 $ 37oi . $ 1 717 S 31 34 $ 973 $ 2507 r -rn r - Cr, . r . 1- t.•1 1 c,;, . r 1n': (Page 18 of 301 2/7/2005 Building Safety Department New Construction Inspection Fees Construction Types: I FR, II FR Construction Types: It 1-HR, 111 1•HR, V 1.HR Construction Types: II N, 111 N, IV, V N Blended Blended Blended Base Cost Cost for Base Cost Cost for Base Coat Cost for Project @ Each Lai Each @ Each IncSlat. Threshold Additional Threshold Additional Threshold Additional Class UBC Occupancy Type Threshold Size 100 s.t.' Site 100 s 1. - Size 100 s.f. • 5.000 $ 2,400 $ 23 03 $ 2.000 $ 18.66 $ 1,600 $ 14.93 to.000 $ 3,520 $ 6.39 $ 2,933 $ 5.33 $ 2,347 $ 4.27 _-, 25.000 $ 4,479 $ 6.88 $ 3,733 i $ 5.73 $ 2,9.86 $ 4.58 so.000 $ 6,199 $ 12.40 $ 5,166 $ 10 33 $ 4,133 $ 8.27 Medical (Ace 1.000 $ 2,351 $ 52.23 $ 1,959 3 $ 43.52 $ 1.567 $ 34.82 - 5,000 $ 4,440 $ 53 58 $ 3,700 ; $ 44 64 : $ 2,960 $ 35 71 10.000 $ 7,119 : S 2188 $ 5,932 1 $ 23.25 • 5 4.746 $ 1659 20,000 $ 9,907 $ 793 $ 8,257 $ 660 $ 6,605 $ 5.29 50.000 $ 12,285 : $ 8.76 $ 10.238 $ 7 30 $ 8,190 $ 5783 too.00 $ 16.664 ° $ 16 66 $ 13.885 $ 13.89 $ 11.107 $ 11.11 0 offices 1.000 1.980 $ 43 50 $ 1,650 5 3625 $ 1,320 $ 29.00 5.000 _$ $ 3.720 $ 45 61 $ 3,100 . $ 38 02 $ 2.480• 5 30.41 io.000 $ 6,001 $ 24 59 $ 5,001 $ 2049 _ 5 4,001 • $ 16.39 20.000 $ 8,460 • $ 7 01 $ 7.050 . $ 584 $ 5.640 $ 4 67 so.0oo $ 10,562 $ 7 68 $ 8,801 ' $ 640 $ 7.040 $ 5.12 100.000 , $ 14,402 $ 14 40 $ 12,002 ' $ 12 00 ' $ L $ 9.60 B Office renani anprovernenls 250 $ 517 . $ 46.15 ? $ 430 $ 38 46 _9,601 , $ 344 . $ 30 77 _ 1.250 5 978 $ 46 80 $ 815 $ 39.00 ' $ 652 • $ 31.20 2.500 $ 1.563 $ 23 90 ' 5 1,302 $ 1991 . $ 1.042 $ 15 93 5000 $ 2.160 $ 6 78 $ 1,801 : $ 565 5 1,440 $ 4.52 12.500 $ 2.669 • $ 7 53 $ 2.224 , 5 6 27 . $ 1.7 /9 : 5 5 02 25 o)w $ 3,610 ; $ 14 44 $ 3,008 $ 12 03 1 5 2.407 $ 9 63 B ti.yr, R,se Officer Bu4 de q 5.000 $ 6,512 5 27 75 $ 5.426 $ 23 12 $ 4.341 ' $ 18 50 25.000 $ 12.061 $ 30 86 $ 10.050 $ 25 71 . $ 8.041 $ 20 57 50.000 $ 19.776 $ 18 17 $ 16,478 ' $ 15 15 $ 13,16$ $ 12 11 100.000 5 28,860 • $ 5.19 524.053 $ 4 32 ' $ 19.240 $ 3.46 250.000 $ 36.650 5 5 59 , $ 30.539 5 4 66 $ 24,428 1 5 3 72 500.000 $ 50.621 $ 10 12 $ 42.179 $ f3 44 $ 33,737 . $ 6 75 6 High Rise Condo BwWmg 5.000 _� $_ 6,512 $ 27 75 . $ 5.426 , $ 23 12 5 4.341.1 $ 18.50 2' .666 $ 12,061 $ 30 86 510.050 S 23 7 i 3 8,041 1 20 37 50.000 $ 19,776 S 18 17 $ 16.4/8 S 15 15 S 13.183 . S 12 11 100.000 $ 28,860 1 $ 5 19 $ 24.053 • 5 4 :32 $ 19.240 $ 3 46 250.0oo $ 36,650 b 5 59 $ 30.539 $ 4 66 S ?4 428 5 3. 72 _ 500.000 $ 50.621 S 10 12 $ 42.179 5 844 $ 33 737 , 5 6 75 E-I Preschool,Sc'ooi '.00 S 970:$ 4250 5 808 $ 3542 $ 64i $ 2534 2.500 5 1.820 $ 44 82 5 1 517 • 5 17 33 5 1 213 $ 29 87 5.1:04; 5 2 941 5 24 '::: 1.5 2 4;• 5 20 36 $. 1 c,61 $ 1r. 25 15 nr,4 5 4 1.59 5 0 34 _ 3 4r15 - _ _ 4 h2 2',O,o 5 5201 i -/.1 4 „3 5 (;34 5 3457 507 5G e60-I .103 ,4 21 _ 5 51`, S 11 8.1 $' 4 734 5 c•47 C-_ n..•: o , : a•o S 7r•2 , :,p , 5- , ,i, _ 43 -:.1 .... _ 38 i;. • Co 5 1418 S •7,0c0 !..).1.-_. 5 '. i•, V.; T •i.-,i c.^, 5 2.4"0 _ i? t2 5 2 ..., S , 7 . • _ t ''L _ 21 87 •'0�'; 5 3384 j 323 q 7821 . : 22.5n 5 622 I c . 91 G (Page 19 of 30) 2l7l2005 Building Safety Department New Construction i Construcdon Types: Construction Types'. Construction Types: 1 FR, 11 FR II 1-8R, III 141R, V I-HR II N. III N, IV, V N Blended Blended Blended Base Cost Cost for Base Cost Cost for Base Cost Cost for Project @ Each @ Each @ Each 1113C Size Threshold Additional Threshold Additional Threshold Additional Class UOC Occupancy Type Threshold Size 100 s.f. • Size 100 s.l.' Size 100 s.f. • 15.000 $ 4,224 $ 10 24 $ 3,520 $ 8.54 $ 2,816 $ 6.83 30.000 $ 5,761 $ 19.20 $ 4,801 $ 16.00 $ 3,840 $ 12.80 E 3 Daycare 300 $ 713 I $ 52.42 $ 594 $ 43 68 $ 476 $ 34.95 1,500 $ 1,342 , $ 54.53 $ 1,118 $ 45.44 $ 895 ' $ 36 35 3.000 $ 2,160 ' $ 29.07 $ 1,800 $ 24 23 . $ 1,440 $ 19.39 6.000 $ 3,032 $ 8 27 $ 2.527 $ 6 59 , $ 2,022 - $ 5.51 15,000 $ 3,776 ! $ 9 10 $ 3.147 $ 7.57 , $ 2,517 , $ 6 06 30,000 $ 5,141 ' $ 17.14 . $ 4,283 $ 14 28 - $ 3,427 $ 11.42 F-t Woodworking l Industrial! 1,500 $ 1,896 i $ 26.80 . $ 1,580 $ 22.33 i$ 1,264_ $ 17.87 Manurartrrrr09 7.500 $ 3,504 : $ 30 09 $ 2,92_0_, $ 25.07 : $ 2,336 $ 20.06 1 _ r5,000 $ 5,761 ' $ 17.92 . $ 4,801 $ 14 93 i $ 3,840 • $ 11.94 30 000 $ 8,448 ' $ 5.12 $ 7,040 $ 4.27 ' $ 5.632 . $ 3 41 75,000 $ 10,754 $ 5.51 $ 8.959 $ 4 60 ; $ 7,168 $ 3 67 tso,000 $ 14,884 $ 9.92 $ 12,408 $ 8 27 ' 5 9,923 $ 6.62 1•2 Steel Production(Fatmrearqv, 2.000 $ 2,547 $ 2667 $ 2,123 $ 22.22 $ 1,698 i $ 17.78 to.oco $ 4,681 $ 30.64 • $ 3.900 , $ 25.55 $ 3,120 1 $ 20 43 23.000 $ 7,745 $ 18.84 $ 6,455 15 71 , $ 5,163 : $ 12.56 43.000 _$ $ 11,514 $ 5 40 $ 9,596 • $ 4 49 $ 7,676 $ 3.60 100000 $ 14,755 $ 5 76 $ 12.291 $ 4 79 • $ 9.834 $ 3 84_ 200.000 $ 20.513 $ 10 26 $ 17.086 . 5 8 54 $ 13,671 • $ 6 84 11-2 Moderate 1rpiosr0ir Harard 600 $ 12265 l $ 45 22 - $ 1,054 1 $ 37 69 ', $ 844 $ 30 15 3.000 $ 2.351 , $ 49 68 , $ 1.959 . $ 41.38 ' $ 1,567 , $ 33 11 e 000 $ 3,840 i $ 2.8.74 $ 3,200- • $ 23 95 ' $ 2.560 $ 19.16 12.000 $ 5.565 $ 8 20 $ 4.637 ' $ 6.83 $ 3.709 $ 5 46 - 30.000 _ $ 7.040 $ 8 88 • $ 5.867 • $ 7 40 $ 4,693 $ 5 92 60.000 $ 9, 703 : $ 16 17 $ 8.085 • $ 13 48 $ 6,468 ' $ 10 78 H.3 high Fore Hazaru 600 $ 1,344 ! $ 48 01 • $ 1,120 S. 40 01 $ 896 ' $ 32 00 3.000 $ 2.496 1 $ 52 79 $ 2,080 1 S 44 00_ $ 1,664 , $ 35 20 e.000 $ 4.080 , $ 30 61 $ 3,400 I $ 25 50 5 2.720 $ 20 40 12.000 $ 5,916 $ 8.73 $ 4.930 , $ 7.27 I S 3.944 1 $ 5 82 :$0.000 _ $ 7.488 ' $ 9 44 • 5 6.239 $ 7 87 1 $ 4 991 $ 6 29 60000 $ 10,3071$ 1720I5 8.600i$ 14.33,$ 6.880;$ 1147 H-4 Repair Garage 600 $ 1,166 S 41 32 i $ 971 $ 34 43 $ 777 1 $ 27.54 3.0cc 5 2,157 $ 46 10 $ 1,797 . $ 38 42 $ 1,438 1. $ 30 74 6009 5 3 541 ' $ 27 25 $ 2,950 1 $ 22.71 i_ $ 2.360 • 5 18.17 2r00 $ 5 175 5 779'5 4.313'$ 649 5 3451IS 519 -1;t0• 5 17),P7 S 6 38 $ 5.481 ' $ 5'18 . 5 4 385 5 5 58 :C;', 1 '�,09l S 1fi 15 $ 7 575 5 11 63 5 6.059 5 10 '0 H. IIr.Nn H,1ia•,t_ rl.,.. --- - --- J411 . 67 8.1 5 76r' $ 55 5$ 614 ; 5 45 21 1 : ;4 '. •0 1 :1 5 1.445 $ 5'. 0 5 115v. $ 46 80 2 cc _ 37 ' : $ 2 3,... . 30 17 83%• 24 _ :'J $ 1,, ,i 5 3 25f) S 8 '6 . 2 1ifa1 . i !3 l', 5 4,h5.; 5 1 : .-,:1; 0.041 31 'G .53 233 5 7 76 a ,.; r$ 0.594 . 21 'cif $ 5,406 5 1d :52 ' 54.''39G $ 14 f,5 a' 0,4:;6 t 4.I.hu 3 14 f5 (Page 20 of 30) 2'7/2005 Building Safety Department New Construction Inspection Fees r Construe Ion Types' 'FBAFR Construe Ion Types: II1-HR,III 1-HR,V 141R Construct on Types: II N, III N, IV, V N Blended Blended Blended Base Cost Cost for Base Cost Cost for Base Cost Cost for Project Lyl Each a Each @ Each UBC Size Threshold Additional Threshold Additional Threshold Additional Class UBC Occupancy Type Threshold Size 100 s.f. • Size 100 s.t. • Size 100 s.l. • 1-1.2 _ Health Care Centers 1,000 $ 1.780 $ 38.51 S 1,484 $ 32 09 $ 1,187 $ 25.67 5,000 $ 3,321 $ 41.61 S_ 2,767 $ 34.68 $ 2,214 $ 27.74 ro•000 $ 5.401 . $ 23.51 $ 4,501 $ 19.58 $ 3,600 $ 20.000 $ 7,752 ' $ 6 70 _ $ 6,459 $ 5.59 _15.67 $ 5,167 $ 4.47 50.0oo $ 9,762 $ _ 7.28 $ 8,136 $ 6.07 $ 6.508 $ 4.85 100,000 $ 13,4001 5 1340 $ 11,1701 $ 11.17 $ 8,933 $ 8.93 12 Nur5in9Home/Assistedl_mng 1.000 $ 1,980 ; $ 43,50 $ 1,659 ! $ 36,25 $. 1,320 $ 29,00 s.000 $ 3,720 • $ 45 61 $ 3,100 - $ 38.02 $ 2,480 $ 30.41 _ _ to,000 $ 6,001 $ 24 59 $ 5,001 . $ 20.49 $ 4,001 $ 16 39 zo.000 $ 87460 $ 7 01 $ 7,050 • $ 5.84 $ 5,640 $ 4.67 50.000 $ 10.562 $ 7 68 $ 8,801 $ 6.40 $ 7,040 $ 5 12 100000 $ 14,402 $ 14 40 $ 12.002 $ 12.00 $ 9,601 . $ 9 60 M Stores (Retail) t.000 $ 1,662 S. 36 15 $ 1,385 $ 30 13 $ 1,108 $ 24 10 - 5.00o $ 3,108 $ 38.65 $ 2.591 $ 32 21 ; $ 2,072 ; $ 25 77 io,000 $ 5,041 ' $ 21 48 $ 4,201 $ 17 89 $ 3.360 ' $ 14 31 20.000 $ 7,188 $ 6 12 $ 5,990 $ 5 11 ; $ 4.792 $ 50,000 5 9,025 _ $ 6 67 _4.08 $ 7.522 $ 5 56 $ 6.017 $ 4 45 100 000 $ 12,361 ; $ 12.36 $ 10.301 $ 10 30 r $ 8,240 . $ 8 24 M Market 500 $ 990 $ 43.50 $ 825 36.25 $ 660 ' $ 29 00 _ 2,500 $ 1.860 $ 45 61 .$ $ 1,550 $ 38 02 $ 1.240 $ 30 41 ,,ouu $_ 3,001 ; $ 24 59 $ 2,500 . $ 20 49 $ 2,000 $ 16 39 10.000 $ 4,230 . $ 7 01 _ $ 3,525 • $ 5 84 , $ 2.820 I $ 4 67 25.c00 $ 5,281 $ 7 68 $ 4.401 : $ 6 40 ' $ 3.520 $ 5.12 so 00o S 7.201 $ 14 40 $ 6.001 $ 12 00 $ 4.801 3 9.60 M _ Retad Tenanl lmp,uvenlents 500 $ 605 $ 25 87 $ 504 15 21 55 I $ 403 , $ 17 24 2.500 _ $1.122 ' $ 28 56 $ 935 1 $ 23 81 i $ 748 I $ 19.04 5000 $ 1.836 ` $ 1665 ' $ 1,530 • $ 1387 , $ 1,224 t 5 11 10 10000 $ 2,669 . $ 4 76 ; $ 2,224 $ 397 ' $ 1,779 ' $ 3 18 25.000 $ 3.383 1 S 5 14 $ 2,819 $ 4 28 $ 2.255 • 5 3 43 lei 50.000 5 4,608 , $ 1,630 $ 9 34 $ 33 84 • $ 3.89U • $ 7 7$ y 3,112 1 $ 6 22 $ 1.333 $ 2921 5 1.067 $ 22 56 Apanmeru Bldg 1.IX0 5 000 $ 2,953 . $ 38 15 . $ 2,461 i $ 31 78 ' $ 1 969 $ 25 43 10,000 $ 4.850 $ 22.86 $ 4,050 $ 19 04 $ 3 240 $ 15 24 20,000 $ 7 14? $ 6 53 _ $ 5.955 $ 5 44 5 4 164 3 4 35 s0.050 $ 9 137 5 i 00 3 7,588 • S 5 84 $ 6 070 $ 4 6/ 100 OLD $ 12,606 3 12 f31 5 10.508 $ 10 51 $ 6.404 S 8 40 R-1 Ar.ii, .,„, elda Repea, llir•l . t ow $ 1.120 _ 21 64 S 333 ^514 20 15 747 5 14 6 ` 1:,.:.'. 5 -1 42.o . . L' 72 3 2.850 . i.i 3`., $ 2 28C . 1 > 18 21'."• _ 4,442 3 .hti 4.555 $ 4'3' 5 , ,28 ._ 3n7 t0 _., _ . 182 - i; 05 5 . ('5`' - ..4 _ 4 7 n 1. 4!') .rt 5 1020'7) S 1C_1 .. ---- 3 > ;1 ,35'l _ c31 R I Hot!, L.r.io.er ._ 1 7...: _, _ 1 ‘)3? 5 34 `. - 1 ,t I 5 7??? 5 1 '1,92 5 2.3 •.)1 5',5.1 5 3);;,.) 5 39 222 S 2.516 $ .? ti6 S 2 C 1 3 $ 26 15 1P r4.1.OIr I. 155:I 34.`. 1:5: 1 5 J1 (Page 21 of 30) 2/7/2005 Building Safety Department New Construction Ins action Fees 1 Construction Types: Construction Types. Construction Types: I FRAM FR I1 1-MR, II1 1-NR, V 1.14R 11 N, lit N, IV, V N Blended Blended Blended Base Cost Cost for Base Cost Cost for Base Cost Cost for Project 0 Each @ Each 0 Each UBZ' Site Thiiihol4 Addltlafal Threshold Addllihnil TRFiiRald AddlUonil Class UBC Occupancy type Threshold Size 100 s.t. • Size 100 s.l. • Size 100 cf. • 10,000 $ 4.980 S 23 76 $ 4,150 $ 19.79 $ 3,320 $ 15.84 zo.000 $ 7,356 $ 6.79 $ 6,130 $ 5.66 $ 4,904 $ 4.53 so.000 $ 9,393 $ 7 28 S 7,828 $ 6.07 S 6.262 $ 4.85 100.00o S 13.035 ' $ 13 03 . $ 10,861 S 10 86 • $ 8.688 ! $ 8 69 R-3 1avelI ngs - Cuslorn, Models 1,500 $ - $ - $ - $ - , $ 1.240 ' $ 20 00 2.soo $ - $ - $ - $ - $ 1,440 $ 1600 4.000 $ $ $ - $ - $ 1,680 $ is ai 5.000 $ - . $ - $ - . $ . $ 1,840 ! $ 22.40 — - 7,500 $ -. ' $ - $ $ $ 2 aoo $ 32 00 to,000 $ - , $ $ $ - $ 3,200 . $ 32.00 R-3 Dwellings • Prodacl,on Phase 1,500 $ - $ - $ $ $ 920 $ 16.00 2.500 $ - $ - $ - $ - $ 1,080 $ 13 34 4.000 $ - $ S. $ $ 1,280 •_$ 12.00 5000 $ $ $ $ $ 1.400 ' $ 7 99 2.500 $ --$ - $ -_f - $ 1.600 $19.22 10,000 $ $ $ S - $ 2,080 ' $ 20.80 Aeernate Materials 1,500 $ - $ - $ - $ $ 7.560 $ 20.00 2.500 $ $ $ - 5 $ 1.760 ' 5 16 00_ 4,000 $ $ $ $ $ 2.000 $ 15 98 soon $ - $ $ $ , $ 2,160 $ 22 41 7s0o $ S b $ , $ 2,720 ' $ 32.01 _ _ lo,994 $ - $ ' $ • $ - $ 3,520 ' $ 35- 20 R . 2 I. , Group Care. Mon Amb (6.1 1 0000 $ 1.81 / $ 38 53 $ 1,515 $ 32 10 $ 1.211 $ 2569 s,00e $ 3,359 : $ 43 25 $ 2,798 $ 36 05 $ 2,239 $ 28 84 lo.000 _ $ 5,521 $ 25 76 3 4,601 ' $ 21 46 $ 3.680 . $ 17.17 20.000 $ 8,097 , $ 7 36 $ 6.747 $ 6 13 $ 5,398 $ 4.91 50.000 _ $ 10.307 ; $ 7.91 S 8.587 $ 6 59 ' 3 6.870 $ 5 27 11w.000 $ 14,263 $ 14 26 . 5 11.882 $ 11 88 5 9,507 $ 9 51 R-225 Grew) Care Arnh1Iatory (6•i 1.000 $ 1,738 $ 36 85 $ 1,448 5 30 71 $ 1.159 ' $ 24 57 5000 $ 3,212'S 4137.5 2.677'5 3447 $ 2,1411$ 2758 10 aw 5 5,281. $ 24 65 $ 4,401 ; $ 20 54 • 5 3,520 1 $ 16 43 20.000 $ 7.745 • $ 7 04 $ 6,455 , $ 5 87 ' $ 5.163 ; $ 4 69 50000 $ 9.856 $ 7 57 1 $ 8.215 $ 6 30 ' $ 6,571 $ 5 04- ,00000 $ 13,640 $ 1364., $ 11.365 $ 11 37 $ 9,091 . $ 9.99 R.2 1 I. r„0„p c.,,,c Non An ,1-5) ; oo $ 1 264 $ 38 29 i 5 1.053 ' 3 31 91 . $ 84.3 . $ 25 53 3 r, o $ 2 336 $ 42 97 $ f.947 S 35 80 . S 1 557 , 3 28 65 cw, 5 3 :f40 $ 25 60 $ 3,200 , 2' 3-: i 2 560 3 17 07 14,..,I. 1 632 S. , 31 5, ,tt_93 5 :,'.t,, 3 3755 $ 488 , $ . 16'11 5 ' B. , _ 974 e , a. i 4 79 5 J 25 _4_ i `. J[.> $ 14 le 7:,0 25-, S it wt i 1, 61S 6 945 __ I•.7; 1, __--_`.- ..q:. �. ., . ,':v,. --• -'--0 5 1 19- - .i5.:. $ 96E , ::1:' �:17.. 3 ': 12 ;3) 5 2 It• .-11i::- $ :.1;:::: - 3>:. $ 1 46') $ 2685 :3-) , 3 ,3;(:1.1 i 24 01 i 3 000 $ zU c0 S 2 403 3 11; 00 14 ou0 $ -r.281 $ 6 83 5 4.401 5 5 '1 • S 3,520 S 4 57 i I Is n(.l) ; ;a ni n ) n(d? +, ,i 'r• c. ' 36.3 S nn I (rage 22 of a0) 217/2005 Building Safety Department New Construction Inspection Fees Construction Types: IFR,itFR Construction Types: II 1-HR,1111-HR, V 1-HR Construction Types: II N.111N, IV, VN UBC Class UBC Occupancy type Project Size TilteshaW Base Cost Threshold slzo Blended Cost lor Each Additional 100e1 • Base Cost Threshold sIze Blended Cost for Each Additional 100 S.I. Base Cost Threshold Blended Cost for Each Additional 100 i.l. ' S-1 WI Storage S-2 Low Hazard Storage 35.000 $ 6.721 $ 7.37 $ 5,601 $ 6.15 $ 70.000 $ 9,301 $ 13 29 $ 7,753 $ 11.08 $ 1000 $ 1,382 ' $ 29.16 $ 1,152 $ 24.29 $ s,000 $ 2.548 $ 33 05 $ 2,124 $ 27.54 $ to.000 $ 4,201 _ $ 19.93 $ 3,500 �$ 16.61 $ 20 000 $ 6.194 $ 5.71 $ 5,161 $ 4.76 _ 50.000 $ 7,907 $ 6.11 $ 6,587 $ 5.10 S 100.000 $ 10,962 $ 10 96 $ 9,135 $ 9.14 $ t,000' $ 1,205 $ 25.46 $ 1,004 $ 21.22 $ s o00 $ 2.223 $ 28 74 $ 1,853 :-$ 23.95 $ lo.000 $ 3,660 $ 17 25 $_ 3,050 $ 20000 $ 5,385 5 4.94 $ 4,487 $ 5o.000 $ 6,867 $ 5 28 .$ 5.720 $ rnn000 $ 9,507 $ 9 51 $ 7,925 $ Soo $ 948 $ 40 20 $ 7902 $ z.soo $ 1.752 _$ 45 13 $ _ 1,460 $ 5 u0u $ 2,880 S 26 88 $ 2,400 , $ to.o0o $ 4.224 $ 7.69 • $ 3.520 $ zs.000 $ 5,377 $ 827 S 4.481 $ 50oou $ 7,443 $ 14 89 $ 6.202 $ 5.3 S•3 Repair Garage Motor VcMcle Ftie) Dspensmy 5-4 Open Park,ny Uaraye l 0etacher' t o00 $ 1,520 $ 31 84 $ 1,266 $ •,.uuu $ 2,793 5 36 55 $ 2,328 $ 10 606 S 4.620 $ 22.40 $ 3,850 $ zo 000 $ 6.861 $ 6 41 $ 5.718 $ sum) 5 8.785 $ 6 85 $ 7.321 too.000, $ 12.209 . $ 12 21 $ 10,175 I $ 7 uuo $ 2.333 $ 50.78 $ 1,944 $ s0oo $ 4.364 $ 54 21 $ 3,637 $ to oou $ 7.074 $ 30 07 5 5,896.1 $ 20 000 $ 10.081 5 8 56 5 8,402 $ 5o 000 $ 12.650 5 9 35 ' $ 10.540 $ too 000 $ 17.325 $ 17.33 $ 14.433 , $ a6' RSl) 1 000 5.200 ,n o•:•U Ut5' 1 cna,d'', ,' �?m.,,•s • $ 2.136 5 46 20 $ 1, 780 $ 3.984 ' $ 49 S2 S 3 320 $ 6 480 $ 28 21 $ 5.400 5 9361 5 805 $ 7.753 11 /IS $ 874 S 9.762 lf: f:Ad 11j O j 3 13 496 t 302 5 28 17'. , 1 08' 2 411 1161 . 2.02: , .'1 .. 41 $J vIJ' 9 9 J4 3 r, 00 i 8 2 5 t 4,481 $ 4.91 6,200 $ 8.86 922 ' $ 19.44 1.699 $ 22.03 2,800 $ 13 29 4,129 ' $ 3.81 5.270 $ 4 08 7,308 $ 7.31 803 $ 16 98 1.482 $ 1916 14 37 $ 2,440 $ 1 1.50 4.11 $ 3,590 $ 3.29 441 $ 4,577 $ 352 7 93 $ 6.338 $ 6 34 33 50 ; $ 632 ` $ 26.60 37 61 $ 1,168 $ 30.09 22 40 , $ 1,920 $ 17 92 640 $ 2,816 $ 5.12 6 89 $ 3.585 5 5 51 12 40 $ 4,961 $ 9 92 26.53 ' $ 1,013 : $ 21 22 3045 $ 1,802 t $ 24 36 18 68 $ 3.080 $ 14 94 5 34 5 4,574 $ 4 27 571 $ 5.856 5 457 1017 , $ 8,140I S. 814 42 32 ` $ 1.555 $ 33 86 45 18 $ 2.909 $ 36 14 2506$ 4,716 $ 20.05 713 $ 6,721 5 571 7 80 . S 8,433 5 6 23 1443 $ 11,548 $ 1155 $ 3850 $ 1,424 $ 3080 $ 41 59 ' $ 2.656 S 33 28 S 23 51 $ 4.370 S 1301. $ 6TU r 0200 3 536 $ 29 S _ 89i9 S 5 t33 5 111 11) 3 10-2 } -1: _ 5.7n c •.n 't 3 3 =• 1 1. 2') 7'.) 4 4•n 7.£U1 si•i 32:2 66602 5 sw 6- NINO 20 (Page 23 of 30) 2/7/2005 Building Safety Department New Construction Inspection Fees Construction Types: I FR, II FR Construction Types: H t-HR, III 1-HR, V 1-HR Construction Types: HN,HIN,IV, VN USG Clip U8C Occupancy Type SHELL BUILDINGS Project Size Threshold 0 Al Shell Bulldogs Blended Blended Blended Base Cost Cost for Base Cost Cost for Bose Cost Cost for Each Each Each Timbals! Addltlonel Thre;thcld Additlanel Threehold AddWonel sus t00 s.t. • Size 100 s.l. • Size 100 s.t • $ - $ $ - $ - $ $ S $ - $ - $ $ 1,000 $ 1,268 $ 27.85 $ 1,056 $ 2320 $ 845 $ 18.56 5.00o $ 2,381 ; $ _ 29.19 i $ 1,985 $ 24 32 $ 1,588 $ 19.46 10,000 $ 3,840 $ 15.74 ; $ 3,200 $ 13.12 $ 2,560 $ 10.50 20,000 $ 5,414 !_$ 4.49 $ 4,512 $ 3.74 $ 3,610 1 $ 2.98 50.000 $ 6,760 i 3 4.91 ' 3 5,632 $ 4.10 $ 4,505 I f3.28 100,000 $ 9,217 ' $ 9.22 i $ 7,680 $ 7 68 $ 6,143 ± $ 6.14 (Page 24 of 30) Building and Safety Miscellaneous Permits Standard Hourly Rate MISCELLANEOUS ITEMS: . . . _ . Antenna Equipment Container •_._ • Cekular/MObile Phone hee.starichnig CelheariMobik) Phone. co -location Appealof Abatement Notice Awning or Canopy Balcony addition Carport Changeof Occupancy Close ExistingOpemn§c Compaanc e Inspections, Reinspechons Covered Porch Deck (wood) Demolition • Residential Demolition. Mull amily/Commercial Door • new Fence or Freestanding Wall (non •masonry) >6 feet in height . . Each additional 100 It Fence or Freestanding Wall (masonry, >6 feel in height Each additional 100 Flreplace Masonry . _ flufabncat11d1Me131 Flag pole (over 30 feet III height) Garage Idetached) Greenhouse (lon-cortimercia)) Lighting pole each add! note monde Iome Mot.le tioo,le. double wde Par -lawn • Cortneroal. !Melo, top to 30 f ) . _ Additional partition Faitttion - Residentiat. 3110.0, (up to 30 If Addllional pathbon Patio Cover Wood frame Wood tome (v.ith C3k_s) veIJI 11.11111 Phiro,,nair Cast ,n P13::e ot,rec tf.c,t 1> u.:L 4) l' 'es ,,r.r..,)ov!tes U.., :u• each each _ each each each each up to 500 sq n each each each each each each each each $ 100.80 $ 658.35 $ 405.30 $ 353.85 $ 405.30 $ 253.05 $ 405.30 $ 353.85 $ 531 30 202.85 $ 202.65 $ 50610 $ 455.70 $ 303.45 $ 405 30 $ 405 30 to toot t $ 227 85 each 1001 f $ 25.20. Up. to t /303 45 each 100 I $ 41 25 each $ 227 85 113cn 5 177 45 each $ 253 05 up tO 1,000 $ 353 85 each $ 353.85 each $ 253.05 each $ 50 40 each $ 556.50 each $ 606 90 uo to 3a $ .143.85 each 30 11 $ 8.40 up to 30 I $ 143.85 each 30 11 $ 8.40 up lo 3(0 s I .$ 405 30 up 19 'SO s $ 405 30 op to 3C0 s f $ 506 10 lJDtJ110t 5 405 30 S 353 '35 $ 46'5 30 ,a..1) 1 $ 152 4- , 455 2 2 (Page 25 of 30) 0 Building and Safety Miscellaneous Permits Additional Piles (increments of 10) Pre -Plan Check dppolhlii 'I (C1151 hdiif) Pre.Plan Check Appl (each addl 10 hour) Stucco Applications Add4ronal SluCCo Apphcapon Remodel - Residential 500 s I Single Story Addtional remodel Re -roofing TaeiShake - first 500 sf Each additional 100 st ComcJMete) -: rst 500 sl Each additronat 100 st Roof Structure Replacement Each additional 100 sf Room Addition - First Story -- -- each. 10 each each up to 400 5 1 each 400 s l S 202 65 12600 S 50 40 S 202.65 $ 25 20 up to 500 s) $ 353.85 each 100 s f $ 25.20 upto500sf $ 5450 each 100 et $ 8.40 up 10 600 s.f. each 100sI opt° 500 sf each 100 s.f. Up to 300 3. E _ up to 500 31 Additional room addition (over 500 51.) each 100 s.1. Up 10 500 s f. (with Cates) _.. _ - - - -- up to 500 a f Additional room addition (over 500 s f wrth C alcsl each 100 51 Room Addition . Multi story Up to500s.1 __ Additional room addition (over 500 s.l ) Up to 500 s f (with Calcs) - - Additional room addrtwn (over 500 s I. with Calcs) Sauna steam - - Siding ._. ._ . Additional siding Signs Pore Sign, non- elertuc Pole Slgn, Electric WallrAwn,ng Sign. Non Fk:cluc Wall. Electric Skylight .. Spa or Hal luti (Pre-laorirated) Stairs - First Flight Each -additional night Slot aye flacks over 8' high tup to 100 I1) 0aEf aolfltlonal 10011 Swimming Pool r Spa Gunge Meslel Plan Cooed . Prod Um! Each Addhona) 100 s 1 Conxme,c .I Gunde pool (up to 800 sh Commernal Each Add'I 100 s t Winch r or Sliding Glass 0a)i New •:/ cdnw :nr.n :u,clura'i up 10 500 s f. each 100s f each 500 s.f eachs1 each up to 400 s.1 each 400s1 each each each each each each first light per night last 100 earth 1 :)0 If up to 800s1 each 100 5 f up to 8C0 sf ea:A 100 sl uech eark (e' $ 54.50 $ 8.40 S 455.70 $ 42.00 $ 405.30 $ 24.15_ $ 606.90 $ 33.60 $ 606.90 $ 2415 $ 809 55 $ 33.60 $ 177.45 $ 15225 $ 16.60 $ 253 05 $ 278 25 $ 17745 $ 253 05 $ 17745 $ 152 25 $ 152 25 $ 25.20 $ 227.85 $ 25 20 $ 405 30 $ 33 60 $ 480 90 $ 33 60 $ 143 85 S 217 35 3 24 It. 24 15 (Page 26 of 30) Building and Safety Ilaneous Permits Serric-- Required ul Excaaa of Standard gel haul TAM OTHER MISCELLANEOUS FEES: Research (per 1/2 hour) 1,2 hour $ 50 40 Supplemental PlanChec Fee per hour $ 100.80 Supplemental Inspect on Fee per hour $ 100 80 Emergency (Non -Scheduled) Cali -Out Fee 4 Hours $ 405.30 After Hours (Scheduled) Call -Out Fee 2 Hours $ 202.65 Each adddronal hour Per hour $ 100.80 24 (Faye 77 of 301 Building and Safety Mechanical, Plumbing and Electrical Permits ADMINISTRATIVE AND MISC. FEES __ Travel and Documentation (standard) (2 trips) $ 75 60 Travel and Documentation (each additional trip) $ 50.40' Permit Issuance $ 50.40 MECHANICAL PERMIT FEES Stand Alone Mechanical Plan Checkkhourly rate) NC (Residential) - each Furnaces (F.A.U., Floor) Heater (Wall) Affiance Vent / Chimney Only) Refridgeration Compressor Boiler Chiller Heat Pump (Package Unit) Heater (Unit, Radiant, etc ) Air Handler Duct Work only Evaporative Cooler Make-up Air System Moisture Exhaust Duct (Clothes Dryer) Vent Fan (Single Duct) - each Vent System Exhaust Hood and Duct (Residential) Exhaust Hood - Type I (Commercial Grease Hood) Exhaust Flood - Type II (Commercial Stearn Hood) Non -Residential Incinerator Refrigerator Condenser Remote Walk-in Box / Refrigerator Coil PLUMBING / GAS PERMIT FEES $ 101.85 $ 2520 $ 25.20 $ 25.20 $ 16.80 $ 50.40_ $ 50.40 $ 50.40 $ 2520 $ 25 20 $ 25.30 $ 50.40 $ 25.201 $ 50.40 $ 8.40. $ 8.40_ $ 25.20 $ z5,24 _ $ 50 40 $ 5040 $ 50.40_ $ 50 40 $ 5040 Stand Alone Plumbing Plan Check (hourly rate) Fixtures leach) Gas System (Frrst Outlet) Gas Outlets Bach Adritllondh Building Serer Grease trap Backflow Preven;er (First 5r Rai kflcv: i'reventer ..More bran `'l oath $ 101.85 $ 840 $ 16 80 $ 8 40 5 2i�, 2'5 2.i.; 420 J (rage 28 of 30) Building and Safety Mechanical, Plumbing and Electrical Permits ELECTRICAL Root Drain - Rainwater ystem $ 50 40 $35.00 $ 25.20 $ 16 80 $ 16 80 $ 16.B0 $ 25.20 $ 50.40 $ 101.85 Water Heater Replacement (No ADMIN fees) Water Heater (First Heater) Water Heater (Each Additional Heater) Water Pipe Repair / Replacemenl Drain -Vent Repair / Alterations Drinking Fountain Solar Water System Fixtures (solar panels, tanks, water treatment equipment) 1 Graywater Systems (per hour) Medical Gas System (Each Outlet) S 8.40 $ 101.85 PERMIT FEES Stand Alone Electrical Plan Check (hourly rate) New Multi -Family Single Phase Service (per 100 amps) $ 3360 $ 50.40 Three Phase Service (per 100 amps) AU Other Types of Construction $ 16 80 15 or 20 amp - First 10 circuits (each) 15 or 20 amp - next 90 circuits (each) $ 8 40 $ 5 25 15 or 20 amp - over 100 circuits (each) $ 25 20 $ 33.60 $ 42 00 $ 25.20 $ 25 20 25 to 40 amp circuits (each) 50 to 175 amp circuits (each) 200 amp and larger circuits (each) Temporary Service (each) Temporary Pole (each) Pre -Inspection (per hour) $ 101 85 _ Generator Installation (per kW) $ 25 20 26 Exhibit "B" City of National City 2008 User Fee Schedule Fee Number BD 1 BD 2 BD 3 BD 4 Building MEPs Fee Name Fee Vie ADMINISTRATIVE FEES Travel and Documentation (standard) (2 trips) Travel and Documentation (each additional trip) Permit Issuance Construction & Demolition Admin Fee MECHANICAL PERMIT FEES Stand Alone Mechanical Plan Check (subject to hourly rate) $89.00 $59.00 $59.00 $118.00 BD 5 A/ C (Residential) $29.00 BD 6 Furnaces (F. A. U., Floor) $29.00 BD 7 Heater (Wall) $29.00 BD 8 Appliance Vent / Chimney (Only) $19.00 BD 9 Refridgeration Compressor $59.00 BD 10 Boiler $59.00 BD 11 Chiller $59.00 BD 12 Heat Pump (Package Unit) $29.00 BD 13 Heater (Unit, Radiant, etc.) $29.00 BD 14 Air Handler $29.00 BD 15 Duct Work only $59.00 BD 16 Evaporative Cooler $29.00 BD 17 Make- up Air System $59.00 BD 18 Moisture Exhaust Duct (Clothes Dryer) $9.00 BD 19 Vent Fan (Single Duct) $9.00 BD 20 Vent System $29.00 BD 21 Exhaust Hood and Duct (Residential) $29.00 BD 22 Exhaust Hood - Type I (Commercial Grease Hood) $59.00 BD 23 Exhaust Hood - Type II (Commercial Steam Hood) $59.00 BD 24 Non- Residential Incinerator $59.00 BD 25 Refrigerator Condenser Remote $59.00 BD 26 Walk- in Box / Refrigerator Coil $59.00 28 ELECTRICAL PERMIT FEES Stand Alone Electrical Plan Check (subject to hourly rate) New Multi -Family BD 27 Single Phase Service (per 100 amps) BD 28 Three Phase Service (per 100 amps) All Other Types of Construction BD 29 15 or 20 amp - First 10 circuits (each) BD 30 15 or 20 amp - next 90 circuits (each) BD 31 15 or 20 amp - over 100 circuits (each) BD 32 25 to 40 amp circuits (each) BD 33 50 to 175 amp circuits (each) BD 34 200 amp and larger circuits (each) BD 35 BD 36 BD 37 BD 38 Temporary Service (each) Temporary Pole (each) Pre- Inspection (per hour) Generator Installation (per kW) PLUMBING PERMIT FEES Stand Alone Plumbing Plan Check (subject to hourly rate) BD 39 Fixtures (each) BD 40 Gas System (First Outlet) BD 41 Gas Outlets (Each Additional) BD 42 Building Sewer BD 43 Grease Trap BD 44 Backflow Preventer More than 5 BD 45 Backflow Preventer - each additional BD 46 Roof Drain - Rainwater System BD 47 Water Heater (First Heater) BD 48 Water Heater (Each Additional Heater) BD 49 Water Pipe Repair / Replacement BD 50 Drain- Vent Repair / Alterations BD 51 Drinking Fountain BD 52 Solar Water System Fixtures (solar panels, tanks, water treat BD 53 Graywater Systems (per hour) BD 54 Medical Gas System (Each Outlet) $39.00 $59.00 $19.00 $9.00 $5.00 $29.00 $39.00 $49.00 $29.00 $29.00 $118.00 $29.00 $9.00 $19.00 $9.00 $29.00 $29.00 $19.00 $4.00 $59.00 $29.00 $19.00 $19.00 $19.00 $29.00 $59.00 $118.00 $9.00 Building Misc Fee Number Fee Name Fee BD 55 Abandoned Building Inspection Fee $178.00 BD 56 Activity Permits BD 57 Specal Use Permit $350.00 BD 58 Temporary Use Permit, Type A $237.00 BD 59 Temporary Use Permit, Type B $110.00 Antenna- Telecom Facility BD 60 Equipment Container $653.00 BD 61 Cellular/ Mobile Phone, free- standing $475.00 BD 62 Cellular/ Mobile Phone, co- location $415.00 BD 63 Appeal of Abatement Notice $475.00 BD 64 Awning/ Canopy (supported by building) $296.00 BD 65 Balcony Addition $475.00 BD 66 Building Moving Application Fee $831.00 BD 67 Carport $415.00 BD 68 Change of Occupancy $623.00 BD 69 Close Existing Openings $237.00 BD 70 Compliance Inspections/ Reinspections $237.00 BD 71 Condo Conversion $475.00 BD 72 Covered Porch $593.00 BD 73 Deck (wood) $534.00 BD 74 Demolition- Residential Partial Demo (flat fee) $100.00 BD 75 Demolition- Residential $178.00 BD 76 Demolition- MultiFamily/ Commercial $296.00 BD 77 Document Research Fee $59.00 BD 78 Door- New $475.00 BD 79 Drywall $118.00 Fence or Freestanding Wall (non- masonry) BD 80 >6 feet in height $267.00 BD 81 Each additional 100 If $29.00 Fence or Freestanding Wall (masonry) BD 82 >6 feet in height $356.00 BD 83 Each additional 100 If $59.00 Fireplace BD 84 Masonry $267.00 BD 85 Pre- Fabricated/ Metal $207.00 BD 86 Flag pole (over 30 feet in height) $296.00 Garage (Residential) BD 87 Attached $415.00 BD 88 Detached $415.00 BD 89 Greenhouse (non- commercial) $415.00 Housing Inspection Fees BD 90 1-3Units $118.00 BD 91 4- 10 Units $148.00 BD 92 11- 15 Units $207.00 BD 93 each add/ 115 Units $89.00 BD 94 Insulation $296.00 BD 95 Lighting pole $296.00 BD 96 each addl pole $59.00 BD 97 Mobile Home $534.00 BD 98 Mobile Home, double wide $593.00 30 BD 99 Partition- Commercial, Interior (up to 30 I. f.) $168.00 `r BD 100 Additional partition $9.00 BD 101 Partition- Residential, Interior (up to 30 I. f.) $168.00 BD 102 Additional partition $9.00 BD 103 Patio Cover $475.00 BD 104 Wood frame $475.00 BD 105 Wood frame (with Calcs) $593.00 BD 106 Metal frame $475.00 BD 107 Photovoltaic System $415.00 Pile Foundation BD 108 Cast in Place Concrete (first 10 piles) $475.00 BD 109 Additional Piles (increments of 10) $178.00 BD 110 Driven (steel, pre- stressed concrete) $534.00 BD 111 Additional Piles (increments of 10) $237.00 BD 112 Pre- Plan Check Appointments (first hour) $118.00 BD 113 Pre- Plan Check Appt (each add'I 1/ 2 hour) $59.00 Remodel- Residential BD 114 500 sf Single Story $593.00 BD 115 Additional Remodel $29.00 Re- roof BD 116 Tile/ Shake - first 500 sf $415.00 BD 117 Each additional 100 sf $9.00 BD 118 Comp/ Metal - first 500 sf $415.00 BD 119 Each additional 100 sf $9.00 BD 120 Roof Structure Replacement $534.00 BD 121 Each additional 100 sf $48.00 BD 122 Residential Re- Plumb (Flat Rate) $207.00 BD 123 Residential Re- Wire (Flat Rate) $207.00 Room Addition- First Story BD 124 Up to 500 sf $712.00 BD 125 Each addition per 100sq ft $28.00 BD 126 Up to 500 sf (w/ Calcs) $890.00 BD 127 Each addition per 100sq ft $38.00 Room Addition- Multi- story BD 128 Up to 500 sf $950.00 BD 129 Each addition per 100sq ft $28.00 BD 130 Up to 500 sf (with Calcs) $1,128.00 BD 131 Each addition per 100sq ft $38.00 BD 132 Sauna- steam $207.00 BD 133 Siding $178.00 BD 134 Additional siding $19.00 Signs BD 135 Pole Sign, non- electric $296.00 BD 136 Pole Sign, Electric $326.00 BD 137 Wall/ Awning Sign, Non- Electric $207.00 BD 138 Wall, Electric $296.00 BD 139 Skylight $207.00 BD 140 Spa or Hot Tub (Pre- fabricated) $178.00 BD 141 Stairs-- First Flight $178.00 BD 142 Each additional flight $29.00 BD 143 Storage Racks BD 144 over 8' high (up to 100 If) BD 145 each additional 100 If BD 146 Stucco Applications BD 147 Additional Stucco Application Swimming PooV Spa BD 148 Gunite Master Plan Coord - Prod. Unit BD 149 Each Additional 100 s. f. BD 150 Commercial Gunite pool (up to 800 sf) BD 151 Commercial Each Add'I 100 s. f. Window or Sliding Glass Door BD 152 New Window (non structural) BD 153 New window (structural) BD 154 each additional non- structural window BD 155 each additional structural window BD 156 BD 157 BD 158 BD 159 OTHER MISCELLANEOUS FEES: Standard Hourly Rate Research (per 1/ 2 hour) Supplemental Plan Check Fee Supplemental Inspection Fee BD 160 Emergency (Non- Scheduled) Call- Out Fee BD 161 After Hours (Scheduled) Call- Out Fee BD 162 Each additional hour BD 163 'PRA / Copies Subject to City Copy Fee $268.00 $29.00 $237.00 $29.00 $475.00 $39.00 $564.00 $39.00 $168.00 $255.00 $27.00 $27.00 $118.00 $59.00 $118.00 $118.00 $475.00 $237.00 $118.00 (see Clerk's schedule) 32 City of National City Schedule of New Construction Fees PI AN CHECK FEES ONLY L BUILDING & FIRE COMBINED Cow,trto_ lion Type IA, 111 111C Class A A 7 A3 A4 IBC Occupancy type Assembly -1 fixedahnq- -healer Concert Ilan Asserntdy--1 rxxt & Drink 1leslaurar4, Night Club, Bar As,emtrly--• Wor;:hip, Arnu':enre ril Arcade, Church. Community hall Asv,ernt4y -Indoor `,;port Viewing Arena Skating [link, 1 ennis Court A Ocr.ulsrrrcy Tenant (rnprovements 13 Business- -Bank LS 13 11 l)usu)ess Clinic...Outpatient 1)usrness -Lhy (.leaning f3usme5;s ('rolessional ()tilt(' Business- 1 Ugh 1(r..e ()ltx.e Construction 1 ypr' 11A, 1113, 111A, 11113, IV Cost for Filth Additional 100 s1 ' $50 5563 $58 5000 $39.:341 / $29 1306 $32.34)r $37991i $/4 E,550 $76.8300 $51 2100 $39 5233 $42 530(1 $4 9./6(X) Base Cost Cost for Project rri Each Size Threshold Adddional Threshold Size 100 sl ' 1,000 $4,536 $6/ 867;; 5.000 b1,251 $I(l 2000 10,000 $10.161 $4 7 210(1 20,000 1,15,482 $35 6/67 50,000 , l 85 $38 8100 14)0,000 1,45,590 $45.59(10 1,000 $5,620 $89 5800 5,000 1,9,203 $97.1960 10 000 1,13,813 $61 5740 70,000 1,19966 1,414280 50.000 $34 ,194 $51 (1360 100,64)0 $59,712 $59 /120 1,000 1,5 620 1,89 5860 5,000 $9,203 10,000 $13.813 70,ax) $1 9,%6 50,000 $34,194 10000) $59,71? 1 000 $5, / 16 5.0(X) $9,438 10,000 $1 4, 303 20000 $20,72? 50 001) $35,717 100000 $62.448 400 $30?0 $4,178 $5,/49 $8(w2 $12,251 $ 20.83 7 $4,655 $8,83/ $14 088 $?0,85? S38,008 $67,270 2,000 4.0(X) 8,0(10 70000 40,000 100 5(X) 1,000. 2.000 '.,,000 10,00(1 100 50(1 1,0(X1 2.000 5.000 10,000 500 2.500 5000 10,000 75.000 50.000 1.0(x) 501/0 10,000 20.000 50(xi0 1(X)O0(1 25,000 $4,655 $8,498 S13,348 $19,64', $35,3(X) $62,287 $4,256 $6,168 $8,1)4 $12.213 $19,511 $33,4 73 $5(i59 $9,142 $14,943 $21, /89 $ 38.213 $67,080 674 $92 1960 S615740 $47-4280- $510360 $59 /120 $94 03E30 19(i 5040 $64 1880 $19.9680 $53 4 /2() $6? 4400 $ /2 3690 $ /8 5E3£30 $56 3040 $35 4600 $42 9000 $52 0`)20 $1,045 65(X) $1,050 1200 $676 3920 $571 8/60 $585 2280 $612 6960 $960 7(Y20 $969.9960 $629 /3(;0 $521..8120 $5:19 7480 $622.8 /2( $95.6063 $101 ES350 $71.1/50 $48 2550 $55 845() $66 9450 $102 060(1 $104 0250 1,68.4600 $54 i45O $5 /.7350 $6/ 0800 $18 4575 $51 9400 Base Cost Threshold Size $3. 780 $6,043 $0.968 $12.902 $21,871 $31,992 $4.683 $ 7,670 $11,511 $16,(;38 $28,495 $49, 760 $4.683 $ /,670 $11,511 16,63£) $28,4% $49, 760 $4,763 $7,898 $1f 919 $11,268 $29,760 $5',040 $7,516 $3.401 $4./91 $6,660 $10,214 $1 7,364 $3.8/9 $ 7 ,365 $11,/40 $1 7„ 37/ 1,31,674 $56,058 $3,879 $I 08? $11,123 $ i (,,3 / 1 $:'9ai7 $51 906 / $5,140 $1,"?6? $102211 $16.259 $27,894 $8,11E3 012.453 $18,158 $31,844 $55.900 $8,895 $11 9/1 $74 6550 $l(i 8:10) $51 2/(x) $39 523:3 $42 53(X) $49 7600 $/8 3650 $80 4200 $53.4900 1,41.6400 $44 5600 $5? 04(x) $60.30 / $65.49(x) $46.920(1 $29.55(X) $35 / 50O $43.4100 1.8/1 3750 1.8 75.1000 $563 66()0 $4 /6 5,633 S48 /.6900 $560 580(1 Con Struclion Type VA, VII Base Cost Cost for L-ach Threshold Additional Size 100 s1 • $3,074 $4574`,1) $4,83.1 1,46 8800 $1,174 $31 4 733 $10,321 $23 1844 $11,45/ $25 8137 $3(1,393 $30 3933 13,747 159 7240 $6,136 $614640 $9,209 $41016( $ 13;310 V31 618 / S22,796 $34024O S39,808 $39 80E10 $3,747 $59 /24(1 $6.1:36 $614640 $9,209 $41 0100 113,310 $31 6187 $??, 796 1,34 0240 $39,808 $39 8080 $6? 6920 $64.:3360 $4? /920 $33 3120 $800 5850 $808 3300 $524.78(X) $4 34.8433 $449 7900 $519 0600 $ 79.6719 $E34.8625 $59:3125 $40 2125 $46 53/5 S`,S /815 $05 0'i(X) $86 68/5 $5/ 05(X) $45.6208 $48 1125 $55 9000 $ L, 3813 $43 2833 $3,811 $6,318 $9,535 $13,814 $41,632 $2,01;3 $?, 785 $3,833 S5,334 $8,171 $13,891 $3,103 $5,89? $9,392 $13 1101 125.339 $44,846 $3,104 $5665 $B,EPt9 $13,09 / $?3,533 $41,525 $2,838 $4,112 $5.810 $8,182 $ 1:3,008 $77,315 13,7 73 $6,495 $9 962 $14.526 $2 5,4 75 $4,1.720 S7,116 $9,577 $35.6480 1,41 6:320 $487,160 $52 -.020 $3/ 5360 $73 (;'ux) $28 4.000 $3 4.7280 $697 1(Xx) q /00 0800 $450 9280 $3£3 1 2501 $390 1520 $448 4640 $6404680 $646 6640 $419 8?40 $34/ 074i $359 8320 $415 2480 $63 /3, $6i 8900 1.4 i 450)) 1,32 1 /00 $37 7:88 1,4.1 (.31x) 1,68 0.1(x) $69 :1 SO( ) $45 6400 $'36 496 $18 49(x) $44 /20() $12 305(' $34 626i / City of National City Schedule of New Construction Fees PLAN CHECK FEES ONLY 1 Mit DING & VIBE COMBINED IF3C Class l3 11 1 I33 11 4 IBC.O<.cupanc Type 13 Occuparx.y tenant Improvements 3.drx ational_ Group Occupancy 6 a persons, up to the 12111 Grade E d(x:a6onal -Oay (::ire 5 r children, older than 7 177 yrs F.acl<xy Industrial --Moderate hazard ac tory Industn.al- I. ow Hazard tlagh tiazard (,roue 11- 1 Pose a deloatatiou hazard High l la,aal Group 11 3 fleaddy support combustion Hu)h H;atarrl ('roup F1 4 Pose health ha,. rtls, [3iyh'Lazard Grout, I1-5 `it:rr3conduclOm Fahrx,,alron. 3lKF) ix km type IA, Ili Construction 1 ype 8A, 1113, IHA, 11111, IV C:on...6,301ion I ype VA, VB Base Cost Cost for Base Cost Cost for [lase Cost Cost tor Project 9 Each 9 Each CO E ach Size lhrest,old Additional -threshold Additional Threshold Additional threshold Size 100 st ' Size 100 sl • Size 100 st ' 50,000 $2/.350 $39 8800 $22,79? $332333 $18,233 $265867 100,000 $41.290 $21.490( 539,408 !.22 9083 $.31,577 $18 3267 250,000 $88.575 $32.9300 $73,111 $2 / 441; $59.01 / $21.953.3 500,000 $ I /0,850 $34. 1 /00 $142,315 $28 4 750 $113,900 $2? 7800 7.50 13.046 $86.5410 $7 5;36 1,72 1775 12,031 $57 69130 1,250 $3.911 $98.3280 $3,760 $t31 9.100 $2,608 $65 552(1 2,500 1,5,141 $14 220) 1,4,2134 $61.850(1 $3,421 1.49.48(0 5,000 $6,996 $39 4700 $5,830 $37 8500 $4,064 $26.2800 17,5 0 $9,953 $53 05.20 $8.294 $44 2100 $0,635 $35.3680 75.000 $16,584 $66 3360 $13,8?0 $55 2800 $1 i 0511 $44 2240 500 $5.501 1125.5650 $4.584 $104 63/5 $3,667 $83 /1(X) 2,500 $8,017 $133 ',ON 56.6/ 7 51 1 1 2500 $5.34? 589 0000 5000 511,35(1 $93.1(Y.,0 59,458 1/7 5815 $7,567 162.0701 10,000 $16 00 $63 575.0 S 13,338 1,52 9375 510 610 $47.3500 75.0)0 $75,534 $1:3 7/50 521.278 561 O675 $1 /,023 $48 13500 5(1000 $43,853 $87 7050 $36.544 S /3.0875 579 735 $58.4 /0( 300 $4 139`.1 $157.0213 $4,0133 $126 61344 $3,266 $ 101 34/5 1,500 $6.723 $165.7500 55603 51381250 54,187 1,1105000 3.(300 $9,21(l 5119.2800 57.675 599.4000 56.140 $/9.5700 6,000 $12,188 5-74 0350 $10,657 $61.6958 $0,525 1.49.3567 15,000 5-19,453 $90 3750 5-18.209 $ 75 312 > 1.17 968 $60 2500 30,000 $33,(X)8 1,1100750 521,506 5-91.68/5 $22,005 5-73.3500 1,5(10 55,250 $23.0040 $4,383 $19 2450 5-3,506 5-15.3964) 7,'4/U $6,645 $61 140(} $5,53/ $53 4500 $4,430 $42 7600 15,000 5-1 1455 5.41 0880 , 5-9.1,40 $39 24(t0 17.637 $31 3970 30,000 5-18,518 13).8480 5.15,437 1.265400 1.17,340 $21_320 75,000 $37.850 $38 3520 $77,375 $31 9(00 $71.9<X) 5-25 5680 150,000 $61.614 1,4I 0/60 151.345 $34 7300 5-41 076 $7/ 3840 ---2000 --- $6,362--1,56.6213 55.302 5-4/ 1844 - 5-4.741 $37 141', 10,(00 S10,892 1,51 /650 $9,0/6 148.13/5 57.261 5-385300 20,000 $16,668 5-30 07(X) $13,891 $31 7250 $ 11,1 12 5.25.3800 40.0(0 $24,2_82 $30 3300 $20,735 $75 2 /5() $1(3,18(3 $IO 7200 100,000 542,480 $32.(1400 535 400 $26 7(100 178,320 5.213600 200,000 5-74,520 1.37 26(X$67,1 W $:31 05(X) 5.49,6(30 $24.8400 600 $3,936 5.54.9650 $3.280 $45 8(147 $2,624 $36 6433 3,0(10 $5.755 $60 8200 5-4,379 5-50 6833 53,503 5-40 5467 6,000 570/9 $44 5700 $5900 $37 1417 $4,770 $29.7133 12,000 $9./54 5-261467 $8,128 5-21 /889 $(1,502 $11A311 3(1.000 $14,460 $33 0.100 5-12)5() 5-21.5333 59 640 $22 0267 60.000 524,3/2 $40 6200 520,310 $:33 85(X) 5-16,248 $27.0800 600 $5,777 $86 2388 5.4.7 69 $ I l 8656 1,3.815 1..5 / .4025 3,000 $/./9? $04 4100 16,494 S/8 6750 $5.195 $62 9400 6,000 $10,625 $68 2650 $8,854 5-56 6875 57 0)33 5-45.5100 12.000 5.14,720 $41 7100 $17,2.67 $34 8083 $9,814 $77.8467 30 000 S22,239 $51.3W0 5.113,533 147 8250 314 876 1.34.2000 60,000 $37.656 5-62 7600 $31,380 5-523000 $75,104 $41,84(X 30() $4 057 185.9860 $3.380 $ / 16550 5-7. 104 5-51 3240 1,500 15,088 $99 6360 54.740 1.83 0300 $3.397 5-66 4241) 3,000 56,583 5.'16.824(1 15.486 $64 0200 5-4.389 S51.7160. 6,000 5(1.888 537 8(X30 5.7,406 $31 506 i 5-5 475 3 25 7053 15,000 512,79(1 $53.4720 $ F0147 $44 5603) $8,194 5235 6480 30,000 570,311 567.7040 5-16916 156.4700 113,541 545.1360 1,000 5.5,268 5-5671190 5-4,39() 5-46.981:, 1,3,517 137.5760 5,000 57,520 5-().3000 5-6267 5-50 2500 55.0 13 5.40 70(0 30,0(0 S1(1,535 $42.4660 5-8.779 5353900 17,023 178 3120 70.(100 $14,128.1480 $17.318 $73 4567 59.85_4 $18. 1653 MAXIMU S, Irx. Page 2 of 5 1 111'3/700ft 7 04 AM City of National City Schedule of New Construction Fees PLAN CHECK FEES ONl. Y 1 BUILDING & VIBE COMBINED IBC Class IBC Occupancy Type I 1 Institutional-- 17 i pf.IC011S, arotiotalory 1-7 Institutional- 6* persons, tion- at nholator y caritile- DI !,101i! MelCaillik'. Markel Nor, M Mercantile - Motor fuel M M Occupancy 1 errant linpiovernents 11 1 Beside;dial- 1 r ansient Boarding liouses, Mott+, f 1-2 Residential Venn:merit. 24 Dwelling.; Apailment. Dormitory. I ime,.,11ar e fieSIth.r111,11 PE'f ritanerwt, 2 i Repeat Apartrnenl, Dormitoy, Tinir,tiare Projecl Size Threshold 50.004) 100,000 1,0(X) 5,000 10.000 2(),(X)0 50,0(X) 100,000 1,000 5,000 10,000 20,000 50.000 1(X),000 1.000 5.000 10,000 20,000 50.000 100,000 Con..str tiction 1 ype IA, 113 Base Cost Cost for Each threshold Additional Size 100 ' $23,726 $33 0:160 $39,744 $39.1440 $6,056 $101.2650 $10,107 $10:3. /800 $15,296 $22,188 $38,358 $67,128 $7,567 $12,190 $18,176 $26.193 $44,498 $77.565, $4,753 $7,415 $10,879 $15,576 $25,980 $45,096 500 2,S00 5,(XX) 10,4100 25,00(.1 50,000 1(X) 5(X) 1,000 2,0(X) 5.000 10,000 500 2,50() 5.000 10.(/00 25,(XX) S0,000 1,000 5,000 10,0(X) 20.(X)0 50,(XX) 100.000 1,4)00 5.000 10,000 20.000 50.(X)0 100.000 1,000 5.000 10,000 21),(XX) 50.(XX) 10(1,000 $3,405 $4,935 $6,971 $9,f3)0 $ 15,609 $26, 7 7ft $4,676 $8,216 $12.710 1.18.596 032,908 $S7,8 76 $3.012 $4,325 $6,078 $8,541 $13,485 $23,093 $5,363 $8,812 $13,246 $19.151 $32.868 SS7,408 $4.913 $8,211 $12,437 $18.043 $31218 $54,624 $5.105 $6,87/ $9.4/5 $ At:052 $23,676 Construction Type IIA, 1111,111A, II1B, IV Base Cost Cost for Size $19,355 $33.120 $5,047 $8,423 1.68 91(A) $12,74 / $53 9000 $10,490 $5 7.54(X) $31.965 $67.1280 $55,940 $115 77341 $.8,306 1i19 5500 $ 0,165 $80.1750 $15,14E $61.0150 $21,828 $66 1350 $37,081 $7 / 5650 $64.638 $66 53 /0 $3.961 $69.2800 $6.1 79 $46 9680 $9,066 $.34 6800 $12,980 $38 2320 $21.650 $45.0960 $37,580 $16.4850 $2.838 $81 4680 $4,1 12 $56.9400 $5,810 $38.6040 $8.182 $44 6760 $13,00)1 $53.5560 $22,315 $385 0150 $3,897 $098.8/50 $6,84 / $568 6150 $10,592 $477.0450 $ 15.497 $499.3650 $27,423 $578.7600 $48,230 $65 CA /5 $2,510 $70 14(0 S3,1;04 $49 2600 $5.065 $32.9600 $7,1 Ifi $38.4300 $1 1,238 $46. 1850 $19,244 $06 2170 $4,469 $88.6800 $7,343 1.59. 1 120 $1 1,038 $45.7040 $15.964 $49 0800 $77.390 $5/ 4080 $47.840 $82 4 460. $4.094 $84:5160 $61143 056 0640 $10,364 $43.9161) $15.036 S26.015 $45,520 $3486 $5.731 $7.896 $11.710 $46 8120 $54 6240 $32 0400 $35.44(30 $25 9800 $15.2560 $19.2480 $2:3 6764.) Critistructicin type VA, VD Base Cost Cosi for Additional 100 31 $2 / 5300 $33 1201) $84 :03 $86 49(X) i 4300 $44 916/ $4 / 9500 $55 94(X) $94; 4 /81 $99 675() $66 8125 $50 0451.3 $55 1 125 $64 63/5 $Y) 44 $57 /400 $39 1400 $28 9(XX) $:11 8600 $37 5800 $63 73/5 $67.0900 1:4/150)) $32 1 /00 $37 2300 $44 6300 1,73/ 5125 / 49 0625 $490 5125 $39/ 5375 $416 13/5 $482 30(X). 1S4 /063 $S8 4!,0() $41 Of;00 $27 4667 $32 0250 $38 4t1J!, S/1 8475 $13 90(X) $49 2600 $38 086i $40 901X) $4 7 8400 $68 /050 $10 43()0 $46 /21X) $36 596i $39 0100 $45 52(X) $26 /0(10 $29 5100 (4.0( $12 /133 $1E, 0400 S 19./30 $19 7300 44 eshoki Size $15.484 076404, $4,0:18 $6,738 $10,190 $14192 $25.5 /2 $44,752 $5.()4 5 $8,132 $12.11/ $17,462 $51,710 $3,169 $4.943 $7,253 $10.384 $17,320 $30,(X.:4 $2.270 $3.29<) 1:4648 SA; .541, 1,10 AO( I, 1 i.)1f.,:' $3.1 1 / 15.4 ; $8,4 74 $12.398 $21,9.39 $:18,584 $2.0(X3 $2,8f33 $4,(152 $5.694 $15,'.490 $15.39.! $3,5/5 15.874 $t1,8:10 $12,771 $71.912 $38,212 $3,775 $5,4 / 4 $0.2(..)1 112:029 1,20 812 $36.4 16 $2.519 $3.403 $4.585 $1.; , 3 1 $ 9:168 115,784 Each Additional 100 st • $22.0240 $26 4960 $61 5100 $69.19:?0 $45 9440 $35 9333 $30 3600 $44.7520. 1,1 7.1025 $79 7000 $53.45(X) $40 6761 $44.0900 $51 1100 $44 3580 $46 192(1 $31 3120 $23.1200 $25 4880 $30 0640 $S0.9900 $54.3120 $31.9600 $25 736C $29 7840 $35 /040 0594)0)04) $599.25(X). .S392.4100 $318.0300 $332.9100 $385.8400 $43.7650 $46.7600 $32 8400 $21.9733 $25.6?00 /90(1 $57.4 78( $59 12)1 $394080 $30.4693 $32 7200 $38.2720 $54 94;40 $56 3440 $3 7.3700 $?9 27.73 $31 2000 $36 4 160 $2 1.347a) $23 6320 $1 I 3200 $101707 $12 8320 $15 .7040 1. City of National City Schedule of New Construction Fees I't AN CHECK FEES ONLY 1 BUILDING & IIFiF COMBINE.[) 113C Class 11 3 11 ( E3 3 11-4 IBC Occupancy Type l)wcllings-- Cu',lorn Iturner t)weltinys- Production Phase 01 Ma.s.ler Plan (repeats) t)welbn(s • Aliernale Material, Ilc;utenli:d 7 As.sisied Living (6 16 tlers(HI s) S1ora9e Model ale I-lavald 5._;1o1a9e - Moderate Italard flepair Gara(te Motor Vehicles (not tI,yt ttatan}) ; 01aye 1 ow 1 Lazard Storage Low I tazard. t'ark,ng (iarayes: Open or Friciosell l,hfur 3Pndnl Iminovernent•, Construction lype Construction type Constructionlype IA, 1E1 IIA, lilt, 11iA, 11113, IV VA, VIl Base Cost Cost for Base Cost C<',l for E3ase Cost Cost for Proje'cl 41' Each (4 Eact, 41 Each Size Ilrreshod Additional rhIeslwd Additional lbreshold Additional ihreshok} Size 100 st ' Size 100 51 ' Size 100 st ' 1,500 $5,568 1.102.18 75 1.4,640 1.85 1563 1,3.717 $68 12SC 2,5(X) $6,590 $14:! 3000 $5,431 $118 6S(N) $4,393 $94 92()0 4,000 1.8,125 $132.3300 $7,271 1.1 10 2750 15817 S88 2200 5.000 $10.049 $142.2225 $8,374 $1 18 5188 $0.699 1.94 81 5() 7 (X)0 1.12893 1.125.5350 110,144 $104 6125 $8 595 $83.6900 10,000 $16,659 $166.5900 1.13,883 $138 0250 $1 4,106 1.1 1 1.0600 1,500 1.4,660 1.35.7825 1,3,884 $79 (1188 $3,107 1.23 8_550 2,500 $5.018 1.85.9700 1.4 , 1 82 1.71 6417 $3, 346 $51 3133 4,000 1.6,308 $73,3951) 1.5,257 $61 1625 $4,205 $48 9300 5,000 $7,042 1.E0 48/5 1.5.868 1.75 4063 1.4,695 $60.3'2_50 7,0(0) 1.8,052 $11 05(10 $7,376 $59 2083 1,594(1 $47.3661 10,000 1.10.983 1.1098300 1.9,153 1.91521,() S7,32? 1.732200 1.500 $5,606 5/359/',, 1.4.671 S613313 1.3,137 $49065O ' 'd)0 1.6,342 $123.1850 $5.285 1.103 154? 1.4 228 1.82.5233 4,0(10 1.8:198 $1 11.2100 $6,832 59267`50 1.5,406 574. 1400 5O0(1 $9,311 5.126.412.5 11,759 1.10534313 $6,201 $114 2750 7,000 111.839 $106 3250 $9,866 $80 6042 5.1,893 $ /0.8833 10,000 S15.029 $1502850 $12,524 1,1252375 1.10019 $100 1900 1,000 $5.7166 $94.0380 14,763 ~ 17 8 3650 $3,811 $62.6920 50(10 59,4 78 $96 5040 1.1,898 $80 4200 5.6,310 $64 3360 10,000 514, 303 $64 1880 $1 1,919 $53 49(X) 5.9,5355 • $42.1920 20,(XX) $20 722 $49 9680 $1 /268 54) 6400 513 814 5.33.3120 `i0,0 )0 $35,712 $53.4720\ 1.29,764) $44 5600 $73,1108 $35.648( 100000 1.62,448 $62 4480 552,040 $5? 0400 $4 1.63? $41.632( 1,000 13.313 $35 350) $2,61 1 $29 4583 1.2,249 $23.566/ 5,00(1 $4,787 $3/ 9600 $3,989 $31 63:33 $3,191 $2'.r.306i 10.000 56.685 $26 8100 $'i.511 5.22 341 7 $-4,4'i7 $11.11733 20.0000 $9,3fd, $1 7.6318) $1.805 $14 6917 $6,244 $1 1 /533 50.000 514 655 $20 /100 $12.213 $113083 59,7/0 $13.8467 100,000 $25040 1.250400 520,86/ $?0.866/ 516.103 $16.6933 500 5.3.065 S/0 5875 1.2.554 1)58 8229 1.2 043 $47.0583 2,500 $4,4 /7 1.14.9700 1.3,731 $62 4 /5O $2,985 $49.9800 5,000 $6.351 1.572200 1.5,293 1.43.5167 $4,234 5.34 8133 10,000 $8,962 5-35 7700 57,468 529.8083 5.5,975 $23.8467 25,000 $14,328 1.41. 1500 511 940 $34 291 7 59,552 $27 4333 50,000 $24,615 149.2300 $20.513 $4 1 0250 516,410 $32.8200 1,000 1.3,2/6 $40 (3060 57130 1.34 0050 52,184 $21 2040 5,000 $4,909 1.429120 $4091 535.8100 1.3272 $28.6480 10,000 $7.051 529.6040\ $5.881 $24 67(0 $4,705 $19 7360 20,000 1.10.(118 $20.9280 $8,348 $1 7 4400 56,678 $13 95?() 50.00) ..16.296 $23.6400 1.13,580 519 /000 1.10:864 $15 7600 1 00 ,000 128,11E $28.1160 $23,430 1.234300 $18,744 $18.1440 1,000 1.3.132 1.38.3950 $2,610 $319958 $2,088 1.25.5961 5.000 $4.668 $40 4900 1.3,800 1.33.741 7 1.3,1 12 1.26 9933 10.000 $6,692 $27 94(X) 1.5.,7 i $23.2833 $4,461 $18 626: 70 000 59.480 $19.6300 1,1,905 1.16. 3583 56, 324 1.13 0867 50(X)0 $15.3)5 $?22900 $12813 $185/50 sIO2',0 $148(i(X) 100.000 176.520 $26 52(8) 1.27,1(10 522 1000 517 680 $17.61100 600 5.3.0 3? $60 8925 12,576 550. /438 52,061 5.40 5950 3,000 $4 553 $64 4 /00 1.3,. 94 1.53 /250 $3,035 $4? 98(8) 6,000 56.487 544 7300 $5,406 $3/.2150 1.4,325 $29 820( 12,000 $9.171 530 9750 $7,6-13 $25.812`,., 1.6 114 1.20 6500 30000 $14.747 $35 4450 512,209 129 5375 1.9 831 1.23.63(8) 60.000 $25.380 547 30(X/ $21,150 1.35 7500 $16,920 $28 200(1 flit 11. 14(111 DINGS MAXIMUS, lac. Paw 4 of 36 City of National City Schedule of New Construction Fees INSPECTION FEES ONLY BUILDING & ERE COMBINED IBC Class A 1 113C Occupancy Tyne Asserritity- 3fixed Sealing 1 healer Cor Lc eft ILO' _. _ .. • _ A 7 Asenthly. ood Drink I testaurant, Night Club, 13,31 A 3 _ A 4 3-3 13. [3 13 P,seinbly--- Worship, Amusement Aicade,Chuicti, Community ILA As;ernbly--- Indoor -.•4ior1 Viewing Arena, Skating Hulk, 1 uru. Courl A Occupancy 1 errant knot oveines its • 13i.r!irieS5.7 flank . Business.- Clinic. (hitualierit 58 y 1 Insule!,s- Prole!..arx Lat( )11ice [justness limn 1 ly,e Office Construction 1 yne IA 11.1 Base Cost Cost tor Project Each Size itir eshold Additional lhieslioki Size 100 sl ' 1,000 $4.616 $18 34/5 5,000 $5,350 1.335400 10,000 $6,02/ 1.15 3300 20,(X)0 $7,56() $2 133:3 50,000 $8,380 1.11 0700 100 000 1.13 890 1.13 8900 1• 0(30 SS 908 $7!", 7610 . . • 5,000 1.6.938 1.19 0320 10,000 $7.1190 20,000 $10,039 50,000 $11,196 100,000 $18,924 1• 000 $5 539 . _ 5.0(10 $6.420 10,(7)0 $7,732 70,000 $9.0/7 50,000 $10.056 100,000 $16,668 Construction I yire IIA, 1113, WA, 1013, IV Base Cost Cost for •;) Each Threshold Additkmal Size 100 sf • 13,047 $15 2896 .$4,458 $1 1 2833 $5.073 $12 1150 16,300 1.2 2718 $6.983 59 11133 $1 1.5/5 $.1 1.5750 $4.923 $2.1..4775 $5, /87 $15 860( Corishirclion Type VA, VI% Base Cost Cost for ach Ilireshold Additional Size 100 si $3.0/1 $17 731, $3.567 S90767 $4.018 $10 770( $5.040 11.877: 15,58/ $7 3467 $9,260 $9 26004 _$3,938 $1 / 1180 $4,626 $12 6880 $21 4,-370, 1.6.5 /5 I I 7 9300 1.5.2.60 $14.32130 1.3.8500 1.8,3056 $3.2133 $6.693 1.2 5701 $15.456(J $9,330 $12 MAX) 1.1,404 $10 3040 1.18 9740 1.15170 $15 1/00 512.616 117 6160, 1.27.01 /0 1.4.6.16 1.18 34 i5 1.3.693 $14 6/80 $16.7480 1.5,350 $13 5400 1.4.7130 1.30 8320 SIB 3960 $6.07/ 1.11.3300 $4.872 $12 264() ._...__ . .. 1.3 7800 $ /.5(.0 $2 /333 $6.040 S? 186/ $13.7740 1.13.380 $1 1 07(X) 1.6, iO4 1.43.816(. $16.6680 113,890 $13.8900 1.11,1 17 1.1 1 112( 1,000 $5.539 1.27 0170 $4616 1.113 34 iS 1.3.693 1.14 6113( 5,000 1.6 420 1.16 2480 $5,35y0 $13 5400 $10 8320 ... _ . $$44 „28f;3,1!, • - .- .. • 10,000 1.7,237 1.18.3960 1.6,02/ 1.15 33(X $12.2640 20,000 • . ' $9,072 1.3 2800 $1.560 1.2./333 $6,048 $2 1867 50,000 $10,056 $13.2240 1.8.380 SI 3 0-200 $6,704 1.8 8160, 100,000 1.16.668 1.16.6680 $13.890 4313 89(73 1.11,112 1.11 1170 . . 400 $4,434 • $26.9490 1.33695 $77 45/5 $?,955, 1.1 /9660 2,000 1.4,865 $19 8720 140,4 $16.5600 $3,744 1.I 32480 4,000 $5,763 $72.4800 1.4.306 1.18./400 $3.508 1.34 992(7 .. ._.. 8.000 $6,162 ..._ _ . . $4 ozoo V-,, 1 3,., 1.33533r 1.4, lob b? Gtr,-.3 20.000 $6,646 $16 1640 1.5.538 1.13.4 /00 $4.43( $10 1/6(1 40.000 1.9,8/8 1.24 6960 $8.737 1.70.5800 $6,586 1.16 4640 100 $4,62/ $177.4130 1.3.856 $106 117.5 1.3.084 1.84 942(. SOO $5,136 1.94 0000 1.4 280 1.78 3400 $3,424 $62.6770 10)0 1.5,606 $ 106,32(7) 1.4,6/7 1.08 6000 $3,738 1.10 8800 2,000 1.6.6/0 1.19.0200 1.5,550 $15 85(X) 1.4,446 1.12.680( 5,000 1.1,24(3 1.16.4520 $6,034 1.63 7100 1.4,02/ $50.968( 10,000 1.1 1.063 SI 10,6280 $9.719 1.97 1900 $1 .375 $ 13. 1521) 100 $4,62/ S127,4130 $3.856 $106.17/5 1.3.084 $134.9470 500 $5,136 $94.0080 $4,2130 $/8 3400 $3,424 1.62 6770 1800 $5,606 $106.3700 .. ... $4,6/2 $813 600( $3, / 38 $10 88(X) 2.000 $6,6/0 $19 0200 $5,558 1.35 tif.)0() $4,446 $ I? 6800 5.000 1./ .240 $ 76.4570 1.6.034 $63.1100 1.4.877 1.50 9680 10,000 1.I 1,063 1.1 10 6280 1.9.7i 9 $97 1900 17,315 1./3 P.,20 ..._ 500 1.6.644 $49.3725 1.5.531 1.4 1.1430 $4,429 1.37 9150 7,5(7) $7,632 $36.4050 $6,360 $30 33/5 1.5,088 1.24 .2/00 5,0(X) $8,542 54 I 7050 1.7.1 18 $34 33/5 1.5,695 1.21 47.00 10,000 1.10,602 1.7.3700 $13,835 $6 i 4 I / 1/.068 1.491.33 75.000 $1 1,4)8 $79 6100 $9.P.1. $24 6750 $ / ,005 $19 /-10(1 f M.004.1 1.19.1 1( $38.2700 $15,925 $31 8500 1.1 2. 740 1.25 4800 1,000 $7,7/0 $31 1138 1.6.064 125.9701 1.4.851 ..1.701425 5.000 $8.571 1.7.29650 1.7.101 1.1913/5 S5.681 1.15 3100 10,000 $9,669 $75.9500 18,058 $71 6250 1.1046 1.1 7.30(X) 70,000 $12.264 $4.6450 $10,720 1.3 8108 1.8,1 76 13 096/ 50,000 1.1 3.6`..-41 1.18 6750 1.11.381 1.1 5.!,625 $9.105 $12.4500 100,000 $22.995 1.77 9950 $19,163 $19 1675 1.15.330 $15 3300 5,(00 $15,845 1.23 5525 $13.204 1.19 6771 1.10.563 $15./017 25,000 $70.23 $23.4600 1.11,179 1.19 5500 $ 13,103 $15.6400 MAXIMUS, Inc. Page 1 of 5 ")P.>flt SC> nag City of National City Schedule of New Construction Fees INSPECTION FEES ONLY 1 EBUIL.DING 8, FIRE COMBINED IBC (.lass 2 FF 1 I/3C Occupancy lype B Occupancy T enant Improvements Educ.rliortat - Group Occupancy 6+ persons, up 10 the 121h Grade Educational-- Day Care 5 chikhren, okter Than 2 1/2 yrs Factory lndustial - Moderate }Lazard 1 actory In(hr.,triat - 1 uw 11arrrd High Hazard Group I1 1 Pose a detonation hazard H 3 !lrOfllldzardGioup113_..__...._ Fieadrly Stlp1cnt c0adzustI0n I4 thrift Hazard Group tl 4 Pose healtlr hazards 11 5 High !Lazard Group 11-5 Semiconductor Fabrication. 138.t) Construction type Construction Type Construction Type IA, III pA 1113, IIIA, 111E3, IV VA, vB Base Cosl Cost for Base Cost Cost for Base Cost Cost for Project it E.ach it Each it Each Size Threshold Additional threshold Additional Threshold Additional lhreshold Size 100 st' Size 100 sf' Size 100 st' 50,0(0 $26,420 $13 7(300 1.22.,01 / $11.4833 $17.613 $9 186/ 10),00() S3:3.310 $7 376/ $27,758 $6 1472 1.22.201 $4 91 i8 250,000 144,3 i 6 $13.6900 $36,979 1.11.4083 $29.`583 $9.126, 500,01X) $78,600 1.15. /20(1 $65,500 $13 1000 $52,400 $10 4800 250 $4,266 $3(i.2580 $3,555 $30 2150 1.2,844 $24 1 7 2O 1,250 $4.628 $26 7600 1.3,857 $71.3(XX) $3,085 $17.8400 2,500 1.4963 $30?400 $4,136 1.2520(0 $3,308 $20.1600 5,000 $5,719 $5.4320 1,4,766 $4.5267 $3,812 $3.6213 12.500 1.6,126 $21 7440 15,105 $18 1200 $4,084 $14 4960 25000 113,844 $35.3760 $7,370 1.294800 1.5.896 $23.5840 500 $11,8/0 1.330638 $9,891 $27 S531 $7.913 1.220425 2.500 $12,531 $24.4200 $10,443 $20 3500 $8.354 S 1(3.21300 5,000 $13.142 127 6000 $10,951 $23.0000 $8,161 $18.4000 10,(0) 1,14 522 $4.94(X) $12,101 14.1 167 $9,681 $3.2933 25,0(X) 1.15263 $19.8600 $12,719 1.16:,500 - 310.1/5 1.132400 50000 $20,228 $40.4550 $16,856 $33 7125 $13.485 S26 9704 300 1.4,33/ $55.1280 $3.614 $45 9406 1.2,891 1.36.7525 1,500 $4.999 $40.6800 $4,166 $33.9(100 $3,332 $27.1200 3.000 1.5 1309 1.45.9900 $4,674 $38 37.50 $3,139 $306600 6,000 1.6909 $8.2250 $5,824 $6.8542 $4,659 $5 4833 15.000 $7,729 $33. 1050 $6,441 $27 5875 $5,153 $220700 30,000 1.17 695 1.42.3150' $10,579 1.35.2625 $8. 03 1.282100 1,500 $10,642 $52.3290 $8,8613 1.43.6075 1.7095 $34 8860 7,500 113./82 1.158040 1.11,485 1.13.1/00 1.9,188 $105360 15(00 1.14967 5,92760 112,473 $7.7300 3,11.9/8 1.61840 :30,000 $1(3.358 $4,9480 $13,632 1.4 1233 1.10 906 1.3 29(3 / /500) $18,585 1,9.204(1 $15,488 17.6100 112,390 1.61360 150,000 1.2 5.488 1.16.9920 $21.240 $14- 1600 $16992 $11 3280 21100 1.12,16/ 1.25.1 1313 110,140 $20 9281 $8,1 12 1.16.7425 10,000 $14,17i 1.185250 1.11814 1.1543/5 $9,451 $.17.3500 20.01)0 $113.029 $20 9550 $13.358 $1 / 4 625 1.10 686 $13.9700 40000 $20.220 . $3. 7500 1.16,850 $3 1250 1.13,480 $2 5000 100.000 1.22.,410 1,15 0800 1.18, 725 $12 55(0 1.14 980 $10 0400 2(0000 $3 /.530 $18.7650 1.312 /5 $15 6375 $25.020 $12.5100 600 $5,354 $26.0725 $4.461 $21.72/1 $3,569 $1 7 381 / 3,000 $6,979 $19.2300 $4,983 1.160250 $3,986 3.12.8200 6,000 $6.556 $21 /500 1.5,464 $18.1250 $4,371 $14 500(, 12.000 $7,861 1.3 8933 1.6551 $3 7444 $5,24 I $2 5956 30,000 1.8562 1.156400 3./.135 1.130333 3.5,708 3.1(1426/ 60,000 1.13254 3,.'2.0904.) -- 1.11,045 $184083 $t3,836 3.14 726/ 600 3.8030 3.39 1088 3.6 692 $32 5906 $5.354 1;26 0/21. 3,000 $8.969 528.8450 1.1,4/4 $24.03/5 S5,979 3.192300 6.000 $9.834 $32 6250 $8,195 1.27.18 /5 1.6,556 $21 15(0 12,000 1,11,792 $5.8400 $9.82/ 1.4866/ $1,861 138933 30,000 $12,843 $23.4600 1.10,703 119.550(1 18,562 $15 6400 60000 $19.881 $33.1350 3.16,508 $27.6125 3.13 254 $?7.(190() 300 $ 7,230 $48 9990 .6,025 $40 8325 1.4,820 $32 6660 1,500 $7,818 S36.1680 3.6.515 ---$30 1400 1.5,212 3.24.1120 33 000 1.8,360 S40.8840 3.6,967 $34 0/00 $5.57.4 3.71 7560 6,000 1.9,581 1.7.3200 1.1,98<) $6 1(00 1.13.391 $4 8800 15,000 1.10,246 $29 4000 $8,538 $24 5000 3.6,830 $19.6000 30.000 1.14,656 $48.8520 1.12,213 1.40.710o S9.770 3.325684) 1,000 - $9,822 $28.8030 3.8, 85 1.24.0(121) 1.6.548 $19 2020 5(00 5,10,9/4 $21 2640 1.9,145 517 /200 $7.316 $14 176(1 10.000 $ 037 $24 06(X) $10,031 1.)O 05(0 18.025 $16 0400 . 20.000 $ ,443 3.4.2960 $12 0:36 $3 5800 5,().679 $2 8640 eenvr�trrc t..,. City of National City Schedule of New Construction Fees INSPECTION FEES ONLY 1 BUII..UING & FIRF COMBINED IBC Class IBC Occupancy T pe - 1 1 - 1nsGlutrona4 -1 7 r 1141t,nnS, ambulatory 1_2 - Institutional - 6.4 person ; non anttwlalory Mercantile--t)eparlrnertt 8 Uruq Skin _ Mercantile- • Markel Mercantile • Motor fuel dinpensutq M Occupancy Tenant Irnprovernent s F3 1 Residential- Transrenl I3oardnul Houses. Hotels, Motels Ft2 flesfdenlial -Permanent. 2t 1)wdun9s - Apartment. Dorm Tory, Tunesttare I)esidentral--t'crmmienl, 2 r, Repeal Apartment. Dormitory. I nnesltdre Construction Type IA, 1t3 Construction Type IIA, MI, MA, MI5, IV !lase Cost Cost for Eta Project ('y Each Size Threshold Additional Ili Threshold Size 100 sl ' 50,000 3,15.737 3,173040 - 100,000 124,384 $24.3840 1 000 15,540 3,343080 $75 3080 $28 6200 $5. 1400 $20 5800 f.72 8720 $42 8850 $31 .6350 $35.7750 $6 4250 $25. /250 $28 S9(X) $24 7410 $ 18 2`.320_ $20.6640 $3 6900 $14 8320 $18 3000 $43.1280 $31.8120 $3_5.9_880 $6 4480 $25 8 880 $32.7600 E294.0188 $216.9450 $245 :f550 $4:3.9500 $1 76 40(X) $204 5400 $32-4563 $23 9.50.. $2 7.1700 $4 £340X1 $19 41(X) $31.0350� $24.903-01 S3.846 $18 3720 $70 7600 $3 7:320 $ t 4 9400 $17.1960 $24 0240 $1/ /120 $20 0780 53 5920 $1 4 40(X) $ 36.656(1 $23.5320 $17 3400 $19.6440 $3 5280 $14 1120 $16 3680 5,000 10,000 20,000 50,000 100,000 1.03)0 5.000 10.000 20,000 50,000 100,()00 1 000 5.000 10,000 70.000 50,000 100,(XX) 5,00 7,500 5,000 10,(X)0 25,0X10 50,000 100 5(X) 1,000 2,00(3 5.(XX) 10,(XX) 500 2,500 5,0(X) 10,000 75 0tX) 50.0()0 1,000 ✓,000) 10.000 20.000 S0.000 1(X),(XX) 1,000 5.000 30 (x)(1 20,(XX) 5>0,00X3 1(X),0(10 1.0 (X) 5,000 10.000 70,4)00 5(),000 1(X),00 0 $6913 $8,1 78 $1 1 040 $12,582 $22,872 $6 925 $8,641 $10,223 $1:3,800 $15, 7213 $28,5'.X) $5.80 7 $6. 796 $9, 775 $10,884 $ 3 8,3(X) $5,494 $6, 356 $7.151 $8951 $9,918 $16.380 $5,601 $6,/ 77 $ 7,862 $10,:316 $1 1,634 S20,454 $ 7,320 $7,969 $8.568_ $9,924 $10Ei50 $15.518 $4,616 $5,612 $6.5:30 $41.606 $9.726 $17,191 $4,529 $5,490 $6.376 $£3,3 /8 $9, 456 $16,656 $4,481 $5,422 S6.289 $8,254 $9,312 $16.3 se Cost Cost for (t Each reshold Additional Size 100 sf ' $1.1.110 $14 4200 $20,320 $20 3700 $4.617 $28 5900 $5,161 $21 (..4XX1 $6.815 17313500 $9.2 0 $ t 7833 $10.485 $1/ 1`.,(X) $19,060 $19 (Xi(X) $5,771 $35 7375 $ 7,201 $26 362S $8.519 $29 13125 $1 1.5(0 $'i :3542 $1:3,106 $71 4:375 $73.875 $23 8750 14,8:39 $20 6115 15.664 $15 210) $6,424 $1 7 22(30 $8.146 $3.080( $9,070 $12.36(X) $ 15,7`54) $1 5 25(X) $4.578 135.9400 $5,,297 $26.5100 $5.960 $29.9900 $7,459 $5.3733 $13,765, $2I 5400 $13650 $273(00 $4.668 $745 0156 $5,648 1100 7f375 $6,552 $704 4675 $8 .59f, 136 6750 $9,695 $14 /.0(X)0 $11,04E, $170.4500 $6,1(X) $270469 $6.64 1 $19 9 0;25 $ /,140 $2.2 0000 S8,270 $4 0333 $13,8/5 $16.7250 $1293t $25.867`., $20 7525 $4.677 $1531(0 $5,447 $1/.3000 3./3/2 $31100 $8,10 S 112.4500 $14.330 $14.330() $3.7/4/4 $.20 0200 $1,5/5 $14 /600 $5.313 $16 6900 $6.982 - $2 99:33 $7,680 $12 00)0 $13.080 I, 13.8000 $3 /34 $19.6100 $4.519 $ i 4.4500 $5.241 $16 3/00 $6,878 $7 9400 11,7(30 111.761X) $13,640, $13 6400 Core,lrur tiun Type VA Vl3 Ilase Cost 40 thteshold Size $10,488 $16.256 $:3,694 14,6013 15,457 $ / 360 $ 0,388 $15,248 $4617 $5,761 16133s 19.2(X) $10,485 $19.)(10 13,811 14,531 $5,139 1.6,51/ $7;256 $12,20 0 1.3.662 $4,2 37 14,768 $5,961 16.617 $10),97(1 13,734 $.1,5 18 $5,74 1 $/ r',(, $13,6:16 $4 (380 $5313 $5,,I12 $6,616 $7.1(X) $10,34) $:1.07 / 1 1,i41 $4. 35,4 $5, 7:3i3 $(i.484 $11,464 $:3.019 $3,660 $.1.250 15.586 $6.3(14 $11.104 3,2 987 13.615 $4,193 SC ,2013 $10912 Cost too Each Additional 100st• $1 1 5360 $1(i.2560 $22 8720 $1(i 8770 $19 1)800 13.4267 $13 7700 $15.2480 $28 59(X) $21 0900 $23 135(X1 $4 28:33 $17 15500 $19060( $16 4940 $12 1680 $13T760 $2.4640 $9 8880 $12 2000 $28.7520 $21 2080 $23.9920 $4.29(3 7 $1 7 2321 $21 0400 3.196 0125 $144 (i300 $163 57(35) $29 30(X) $117.6000 $136.3600 $21 6375 $15 9 /(X) $18 (1800 $3 226i $12.980 0 $20 690( - $16 6020 $122480 $13.8400 $2 48130 $9.9 600 $11 4640 $16 0160 $1 i f3080 $133520 $2394/ $9 6000 $11 1040 $15 6880 $1 1 56(X) $33(950 $2 3570 $9.4080 $10.9120 MAXIMl1S, Inc. Page 3 of 5 1 tit "10(1n54 / n4 AN, City of National City Schedule of New Construction Fees INSPLCTION FEE'S ONLY L BUILDING & FIRE COMBINED f1 3 F3 :3 S• 1 1 `; 2 IBC Occupancy Type F7wellinr-- Custom !lorries Dwellings- PrcxAxt,on F'ha'e of Master Plan (repeals) Dwclliny5 Alh'melt: Material:. Residential Asisled I ivinq (6 16 persons) Slorage--M(xlerate 1fatard Construction Type Construction Type Construction type IA, II3 t1A, 1113, 111A, IlIB, IV VA, V13 Base Cost Cost for Base Cost Cost For Base Cost Cost for Project (e)) Each (4 Each rrd Fact' Size Threshold Additional Threshold Additional Threshokl Additional Threshold Sire 100 sf ' Size 100 sf ' Size 100 s1' 1,500 $4,922 $219 3150 $4.107 3.182.7625 S3,281 $146 210( 2,600 $7,115 $18 5100 $5,929 115.4/50 $4.744 3.1238010 4,000 $7,394 $30 8/00 3.6,162 3.25.7250 _$4,929 3.20 51300 `,,000 $7,703 3.2 1 3300 3.6,419 11/ 1750 3.5,135 $14 220) 7,000 $8,129 3.3718(30 $6,714 3.309833 $5,419 3.24:1867 10,000 $9245 3.92.4450 $7,704 3.770375 3.6,163 3.616300 1.500 $3,296 1,1451025 $2,741 $120,9188 $2,198 3.967350 2,500 3.4, 748 $13.1000 $3,956 110 9167 $3,165 SO. 7333 4,000 $4,944 $21.6750 3.4,120 3.180625 $3,296 $14.4500 5,000 $5.161 $14 9625 3.1,301 $12 4688 $3,441 $9 9750 /,000 3.5,460 3.26.15004 3.4,550 3,71.791 1 $3 (40 $17.4333 10,000 $6.245 $62 4450 3.5,,204 3.57.0375 $4,163 3.41 6300 1,500 $4,320 $176.857S1 3.3,600 1,1473813 3.2,880 $1179050 7,500 $6,008 S21. /250 3.5,073 3,18.1042 3.4059 $14 4833 4.000 1,6 414 3.35.9250 $5,345 $29 9375 $.4,276 $23 9511) 5,000 $6,T73 1,24.84 75 3.5,644 $20 /063 1,4,516 $16.5650 7,000 3.1,210 $43 3600 $6,059 $36 1333 $4.847 $28.9067 10,000 $8,571 $851100 $7.143 3.714250 $5,714 $57.1400 1000 3.5 348 $3? 3430 $4,456 $26 9525 $3.565 $2 1.5620 5,000 1,6 641 $73.8680 3.5 535 $19.8900 1,4,428 $1S9120 10,000 3.7 835 $26.9880 $6,529 $22,4900 3.5223 3.17 9920 20000 1,10,534 $4.848(1 3.8,718 3.404(30 $7,022 3.32320 50000 1,11988 1,193920 $9,990 3.16.1600 3.7,992 3.129280 1000(X) 1,21 684 1,21 6840 3.18070 3.18 0100 1,14,456 $14 4560 Storage • • -Moderate F lazard, Repair Garage Motor Vehicles (not Higtt I Iazaul) :ilorage -low Hazard S 2 Storage- 1 ow Hazard, Parking Garages Open or Inclosed Other 1 'nano Improvement': 1,000 3.4,65/ $78.9975 $3.881 1,2.4.1646 $3,105 1,193317 50(0 $5.81 7 321 .4000 3.4 04(3 117 8333 $3,878 $14 766/ 10,000 $6,88/ $24 1900 $5,739 3.20.1583 $4,591 3.161267 ?00(X) £) 30(i $4.3467 07,75E $3 6222 $6,204 $2 89/8 50 (XX1 3.10 61(1 01 7 4(XX) $8,842 3.14, 5000 1,7013 3.1 1 6000 100,000 S19,310 $193100 3.16097 $16.0911 $17.8/3 1,128733 500 $3,118 $38.8/25 3.3,098 3,32.3938 3.2,479 $25 9150 2,500 3.4,496 3.28 7000 1,3,746 $73 9167 $2 997 $19 1333 5.000 1,5 213 $32.4400 $4.344 $27 0333 3.3,475 1,21.626 7 10,000 $6,835 $S 8000 3.5 696 $4 8333 $4,557 $3 8661 25,000 1/,705 $73.3400 3.6471 $19 450) 3.5.137 $15.5600 50,000 1,13.540 3.7700(0 $11,283 $22.566/ $9.027 1,180533 1,000 3,5 937 $26.0640 3.4947 $21 /200 $3,958 $17.3760 5,000 3.6,979 $19.2240 $5,816 1,16020(1 S4,653 $12.8160 10,00) $7,940 S21.7560 3.6,61 7 $18 13(0 3.5,294 3.14.504(1 70,000 $10,116 $3.8800 3.8430 $3 7:333 $6,744 $2 5867 50,000 3.1 1.280 3.15.6480 3.9,400 $13 0400 $7,520 $10 4370 100,000 $19,104 $19 1040 $15,920 $15.9200 3.12, 736 3.12.7360 1,000 $5,044 3.12 7(XX) $4,203 $18.9167 $3,362 $15.1333 5000 $5,952 $16.7500 $4,960 S13.9583 $3,968 1,11.166i 10.000 1,6, 789 $18.9500 $5,6513 $15 1917 1,4,526 $12.6333 ?0,000 $8,684 11.3867 3.7,237 $2 11227 3.5789 $2 2578 50,001) 3.9 %00 $13.6200 3.80(33 $11 35(10 $6,467 3.9.(1800 100.000 $16.510 S16.5100 1,13,/58 $13 7583 $11,007 $11 006/ 6(10 $7,350 $27 5700 $6,175 1;22 9150 3.4.900 $18 3800 3000 $8,012 1,20.3400 3.6677 3.16.9500 3.5,341 3.135600 6.000 1,8,622 S22.9800 $7.185 3.191500 $5.748 $15.320( 12.001) $10.001 $4.1150 $8,334 3.3 4292 $6.667 3.2 7433 - - - - - --r 30,(00 $10.742 3.165450 $8.951 $13 /875 $7,161 $11 0300 60,0(X) 3.15,705 1,261/50 $13088 $21 8125 $10,410 1,374500 S(1EU BUILDINGS 40 City of National City Schedule of New Construction Fees INSPECTION I' EES ONLY BUILDING &. FIRE COMBINED 1 IBC Class E3-- - 113C Occupancy type Shell Bldg. Business- Professional Office (Mier ;tretl Building Projec1 Size threshold 1.000 5,,0(X) 10.000 20,000 50 000 100,000 1 0(X) S (X)0 10,000 20,000 50.000 100.000 Constru IA, Rase Cost Gd threshold Size $ 12S 1 $8.347 $9.353 $11,62fi $12,846 $21,024 $8.590 $9, /56 $10,833 $13,263 $14,513 $2:3,325 -lion type 1E1 Cost for Each Additional 100 sf' $2/ '2460 $20 1120 $22 72.80 $4.0680 $16.3560 $21.0240 $29.1488 $21 5400 S24.3000 — $4.3650 $17 5050 $23.3250 1 Construction Type tIA, 1113, LIMA, 11113, IV Base Cost Cost for Each lhreshokl Additional Size 100 sf $.6,0-18 $22 7050 $6,956 $16 7606 $7,794 $113 9400 $9,688 $3 3900 $10, 705 $13 6300 $1 7,520 $1 7.5200 $7,158 $24 2906 $8,130 $1 7 95(X) 19,028 $2 0 2500 $11,053 $3.6375 $12,144 $14 58/5 $19,438 $19.4375 Construc VA Base Cost 00 Threshold Size $4,838 $5.565 $6,235 $1,7SO $8,564 $14,016 4 5.727 $6.504 $1,222 $8,842 $9.115 $ 15.550 lion 1 ype ,VB Cost for Each Additional 100 sf $18.1640 $13 4080 $15 1520 $2.1120 $109040 $14.0160 $19 4325 $14 3600 $16 2000 $2 9100 $11 6700 $15 5500 f a(h additional 100 ,lluare t041 or fwrhon therrenl, up to thy next hiyhr•;I project '.iie lhretitiukl 41 MAXIMU , Inc 1';ury r, of r; Fee Number ENGINEERING Fee Name Fee NeiIle EN 1 Record of Survey $796.00 EN 2 Encroachment Agreement $490.00 EN 3 Special Driveway Permit $368.00 EN 4 Easement Check $796.00 EN 5 Lot Line Adjustment $1,259.00 EN 6 Sidewalk, Driveway, Curb Permit $297.00 EN 7 Deferral $670.00 EN 8 Sewer Permit $381.00 EN 9 Flood Hazard Area Permit $201.00 EN 10 Construction Permit $396.00 EN 11 Annual Parking District Renewal $35.00 EN 12 Traffic Impact Study Review <3000 vehicles $3,416.00 EN 13 Traffic Impact Study Review >3000 vehicles $6,833.00 EN 14 Plan Copy Service $21.00 EN 15 Engineering Compliance Fee $553.00 EN 16 Investigation Fee $170.00 EN 17 Utility Company Permit Fee $512.00 EN 18 Traffic Control Plan Check $476.00 EN 19 *PRA / Copies Subject to City Copy Fee (see Clerk's schedule) 42 `,. Fee Number FD 1 FD 2 FD 3 FD 4 FD 5 FD 6 FD 7 FD 8 FD 9 FD 10 FD 11 FD 12 FD 13 FD 14 FD 15 FD 16 FD 17 FD 18 FD 19 FD 20 FD 21 FD 22 FD 23 FD 24 FD 25 FD 26 FD 27 FD 28 FD 29 FD 30 FD 31 FD 32 FD 33 FD 34 FD 35 FD 36 FD 37 FD 38 FD 39 FD 40 FD 41 FD 42 FD 43 FD 44 FD 45 FD 46 FD 47 FIRE Fee Name FD Pln Chk Fire Sprinkler Improvement < 20000 sq ft Fire Sprinkler Improvement 20001 - 45000 sq ft Fire Sprinkler Improvement 45001 - 80000 sq ft Fire Sprinkler Improvement 80001 - 100000 sq ft Fire Sprinkler Improvement 100001+ Fire Sprinkler New < 20000 sq ft Fire Sprinkler New 20001 - 45000 sq ft Fire Sprinkler New 45001 - 80000 sq ft Fire Sprinkler New 80001 - 100000 sq ft Fire Sprinkler New 100001+ Fire Alarm New < 20000 sq ft Fire Alarm New 20001 - 45000 sq ft Fire Alarm New 45001 - 80000 sq ft Fire Alarm New 80001 - 100000 sq ft Fire Alarm New 100001+ Fire Protection Systems FD TUP Canopy 0-400 sq ft Canopy 401-500 sq ft Canopy 501-600 sq ft Canopy 601-700 sq ft Canopy 700+ Hydrant Tent 0-200 sq ft Tent 201+ sq ft Candles Open Flame Assembly Area Hot Work Carnivals and Fairs Install Tank Aboveground Tank Underground Removal Tank Aboveground Tank Underground Soil Vapor Extraction Install Underground Piping on underground tank Pyro Chem Fireworks Barge Loading Fireworks Display Misc Hazardous Occupancy Reinspection After 3 Malicious False Alarm False Alarm State Request Week Abatement Inspection Noncompliance Notice Hourly Rate Standard Standby After Hours Additional hour `PRA / Copies per hour 2 hr min per hour Subject to City Copy Fee (see Clerk' Fee $ 700.00 $900.00 $1,300.00 $1,800.00 $2,500.00 $995.00 $1,004.00 $1,807.00 $2,510.00 $3,213.00 $800.00 $1,000.00 $1,300.00 $1,500.00 $2,000.00 $703.00 $0.00 $250.00 $300.00 $350.00 $400.00 $100.00 $200.00 $400.00 $100.00 $500.00 $500.00 $1,004.00 $1,004.00 $703.00 $903.00 $552.00 $552.00 $502.00 $451.00 $502.00 $451.00 $251.00 $351.00 $803.00 $301.00 $251.00 $401.00 $200.00 $602.00 $301.00 s schedule) 43 PLANNING Fee Number Fee Name Fee PL 1 Dev Annexation $9,940.00 PL 2 Approval of Plans $7,890.00 PL 3 Coastal Dev Permit w/ Pub Hrg $9,940.00 PL 4 Coastal Dev Permit w/o Pub Hrg $8,730.00 PL 5 Code Amendment $9,940.00 PL 6 Conditional Use Permit $7,890.00 PL 7 Consistency Review $10,130.00 PL 8 General Plan Amendment $9,940.00 PL 9 Initial Study $7,270.00 PL 10 Local Coastal Program (LCP) Amendment $9,940.00 PL 11 Planned Development Permit $7,890.00 PL 12 Planned Unit Development $8,340.00 PL 13 Preliminary Site Plan Review $2,840.00 PL 14 Request to Initiate General/Specific Plan Amendment $6,430.00 PL 15 Specific Plan $9,940.00 PL 16 Specific Plan Amendment $7,740.00 PL 17 Substantial Conformance, Council, Commission $5,660.00 PL 18 Substantial Conformance, Staff Review $3,690.00 PL 19 Time Extension w/ Public Hrg (CUP, PD, PUD, Variance) $5,710.00 PL 20 Time Extension w/o Public Hrg (CUP, PD, PUD, Variance) $4,990.00 PL 21 Variance $8,020.00 PL 22 Variance SFR Owner-Occ $8,020.00 PL 23 Zone Boundary Determination $8,020.00 PL 24 Zone Map Change $9,940.00 PL 25 Doc Design Guidelines $10.00 PL 26 General Plan Map/ Base Maps $40.00 PL 27 General Plan Text $10.00 PL 28 Housing Element $10.00 PL 29 Land Use Code $10.00 PL 30 Landscape Guidelines $10.00 PL 31 Local Coastal Plan $10.00 PL 32 National City Overview $10.00 PL 33 Planning Commission Agendas (Annual Subscription) $0.00 PL 34 Subdivision Ordinance $10.00 PL 35 Zoning Map $10.00 PL 36 Environmental Impact Report (EIR) $13,410.00 PL 37 Misc Appeal, Project Processing (non- refundable) Project $3,710.00 PL 38 Appeal, Site Plan Review Denial of Owner Occupied SFD $3,710.00 PL 39 Historic Site Designation $5,050.00 PL 40 Home Occupation Permit $220.00 PL 41 Interpretations $5,800.00 PL 42 Large Family Day Care $310.00 PL 43 Zoning/ Rebuild Letters $220.00 PL 44 Signs Banners , Administrative Fee $40.00 PL 45 Banners, Processing (reimbursable) $1,975.00 PL 46 Modification, Nonstructural $40.00 PL 47 Painted Wall Sign $40.00 PL 48 Reface Sign $40.00 PL 49 Subdivision Certificate of Compliance $2,690.00 44 PL 50 Lot Merger $2,690.00 PL 51 Street Vacation $8,900.00 PL 52 Street Vacation lnitiatiation $4,040.00 PL 53 Tentative Parcel Map $6,500.00 PL 54 Tentative Subdivision Map $9,940.00 PL 55 Time Extension, Tentative Parcel Map $2,280.00 PL 56 Time Extension, Tentative Subdivision $3,840.00 PL 57 Research Fee $180.00 PL 58 *PRA / Copies Subject to City Copy Fee (see Clerk's schedule) 45 City of National City, California COUNCIL AGENDA STATEMENT •fti.rEETING DATE June 16, 2009 AGENDA ITEM NO. 30 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING A BUDGET FOR THE 2009-2010 FISCAL YEAR PREPARED BY Jeanette Ladrido DEPARTMENT Finance x 4331 Finance Directo EXPLANATION On May 26, 2009, the City Council for the City of National City considered the City's Preliminary Budget for Fiscal Year 2009-2010 as presented and recommended by the City Manager. The City Manager was also directed by the City Council to prepare a final budget for adoption which incorporates all budget modifications approved by the Finance Committee. State Law requires the Budget be adopted before the start of the new fiscal year on July 1. Subsequent to the May 26th budget workshop, staff has updated the preliminary budget with some administrative corrections. The overall impact to the General Fund is an increase in expenditures of $98,857. At the request of Council, staff has included funding of 120,000 to the Boys and Girls Club. The corrections are detailed in Attachment 1 and all corrections are reflected in the budget document. This action formally adopts the Budget for Fiscal Year 2009-2010 and it will be available on the City's website at www.nationalcityca.gov. Hard copies of the adopted budget will be available within the 2 weeks of July. Environmental Review N/A Financial Statement Approved By. Not Applicable Jeaijtte Ladrido, Finance Director Account No. STAFF RECOMMENDATION Adopt the Final Budget for Fiscal Year 2009-2010 BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Resolution 2. Attachment 1 Resolution No. A-200 (9/80) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING A BUDGET FOR THE 2009-2010 FISCAL YEAR WHEREAS, the City Manager on May 26, 2009, submitted to the City Council a Recommended Budget for the 2009-2010 fiscal year, and said budget has been discussed and deliberated in public session; and WHEREAS, subsequent to the May 26, 2009 budget workshop, staff has updated the preliminary budget with some administrative corrections; and WHEREAS, the overall impact to the General Fund is $98,857, and all the corrections are detailed in Attachment 1 and reflected in the budget document. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the budget for the fiscal year beginning July 1, 2009, with City expenditures totaling $94,923,391 is hereby approved, adopted, and appropriated. BE IT FURTHER RESOLVED that the fund appropriations set forth in Exhibit "A" (Projected Expenditures) column shall be the maximum expenditures authorized for those funds. The City Manager is hereby authorized to make budgetary revisions within and between budget line items within a fund. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to transfer monies up to the maximum set forth in the Transfers column in Exhibit "A". BE IT FURTHER RESOLVED that the City Council does hereby authorize and approve the number and classification of employees in the respective functions, departments, and/or activities as set forth in the fiscal year 2009-2010 budget. PASSED and ADOPTED this 16th day of June, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CITY OF NATIONAL CITY BUDGET ANALYSIS BY FUND - ALL FUNDS, ADOPTED BUDGET FISCAL YEAR 2009-10 FUnd�6�°tan'c 001 General Fund Undesignated Balance General Fund - Contingency Reserve General Fund - Other Reserves 7,080,350 7,500,000 3,779,116 ctecFundance ExQ2ndif re 6130t;2010 6,946,893 7,500,000 3,779,116 IotalCieneraltuna 1ti,Sb`J,4bb Sb,44tS,Ubb 1,1bU,tib9 S/,141,351 18,ZZb,UU9I 103 General Capital Outlay Fund 1,032,627 0 10,000 1,022,627 104 Library Fund 328,239 654,900 688,326 1,671,465 0 105 Parks Maintenance Fund 105,039 763,079 236,181 1,104,299 0 108 Library Capital Outlay 706,826 102,252 0 809,078 109 Gas Taxes Fund 672,549 1,058,700 219,635 811,614 110 Emergency Preparedness Fund 47,558 0 _-_(700,000) 0 47,558 111 P.O.S.T Fund 74,141 75,000 75,000 74,141 113 Cultural Arts Fund 85,812 0 0 85,812 115 Parks Capital Outlay Fund 1,008,729 248,000 124,232 1,132,497 120 Plan Checking RevolvinkFund 74,577 271,800 225,000 121,377 125 Sewer Service Fund 14,219,512 7,141,800 6,751,460 14,609,852' 130 EMT-D Revolving Fund 577,483 262,000 0 839,483 131 Asset Forfeiture Fund 437,571 102,748 0 540,319 136 Tiny TOT Classes Fund 10,922 4,300 0 15,222 145 Juvenile Education 1,968 3,755 (1,78 11 154 State Public Library Fund 66,284 18,772 9,771 75,285 158 Swimming Pool Revolving Fund 24,166 30,800 29,992 24,974 159 General Plan Update Reserve 528,448 0 666,667 1,053,308 141,807 166 Nutrition Center (1,383,733) 477,409 325,765 803,174 (1,383,733) 171 Library School District Contract 114,854 0 10,984 103,870 172 Trash Rate Stabilization Fund 278,297 95,680 205,578 168,399 173 National School District Contract (59,502) 37,876 44,166 (65,792) 174 Sweetwater School District Contract (201,619) 185,074 222,576 (239,121 % 176 Police Reimbursed Overtime 30,620 35,000 0 65,62( 189 Civic Center Refurbishing 2,236,383 0 (480,000) 9,000 1,747,383 190 30th Street Cleanup Fund - 1303 308,169 8,500 0 316,669 191 STOP Project (214) 49,800 62,340 (12,754) 195 Landscape Reserve 398,944 0 0 398,944 196 Capital Project Reserve 85,341 0 0 85,341 197 Productivity Improvement Reserve 75,000 0 0 75,000 198 Property Evidence Seizure 44,375 0 3,000 41,375 200 30th Street Cleanup - 1304 738,156 20,400 0 758,556 i 201 NCJPFA Debt Service Fund 72 490,656 486,798 3,930 203 Park Security /GTE Lease 28,000 0 0 28,000 204 Traffic Equipment for All 11,172 0 0 11,172 208 Supp. Law Enforcement Svcs Fund 123,456 0 0 123,456 211 Security & Alarm Regulation Fund 89,332 37,721 2,210 124,843 212 Personnel Compensation Fund 15,489 356,900 356,900 15,489 229 CLEEP 4,532 0 0 4,532 230 Abandoned Vehicle Abatement Grant (123,802) 114,121 0 (9,681) 234 Employee Computer Purchase Fund 50,000 0 0 50,000 241 National City Library State Grant (1,106,088) 0 0 (1,106,088) 242 N. City Library Matching Fund 125,551 3,200 0 128,751 244 Roberti-Zberg-Harris (161,305) 0 0 (161,305) 246 Wings Grant 223,286 104,551 0 327,837 250 New Fire Station Construction 419,854 0 0 419,854 253 Recreational Activities Fund 44,282 8,100 8,100 44,282 259 Library Bonds Debt Service Fund 705,749 488,900 399,500 795,149 261 CDC Debt Service Fund (2,117,486) 12,182,310 826,118 6,379,013 4,511,929 270 Nuisance Abatement Fund 16,865 0 0 16,865 277 NC Public Library Donations Fund 151,589 42,624 0 194,213 7 282 Reimbursable Grants 19,135 0 0 19,135 286 Literacy Services III 8,679 0 0 8,67t 290 Police Department Grants 0 68,739 68,739 0 294 Healthy Homes Grant 0 25,678 25,678 0 Exhibit A Tat 296 Engineering Dept Grants 301 Grant - C.D.B.G 303 Capital Facilities Fund 304 Park Development Fund CITY OF NATIONAL CITY BUDGET ANALYSIS BY FUND - ALL FUNDS, ADOPTED BUDGET FISCAL YEAR 2009-10 0 (20,176) 40,699 133,947 900,000 1,107,495 0 0 Lsauttite 900,000 (200,131) 899,670 35,000 94,000 0 (12,482) 5,699 39,947 307 Proposition "A" Fund 1,298,971 996,511 1,128,994 1,166,488 308 Grant -Highway Bridge Rehab 484,153 0 0 484,153 312 STP Local/Transnet Highway (359,888) 20,852 0 (339,036) 313 Grant-CMAQ 1,929 0 0 1,929 314 OTS Grant 132,007 0 0 132,007 320 Library Grants 20,386 275,416 275,416 20,386 321 Smart Growth Incentive Grant 0 2,000,000 2,000,000 0 323 Safe Routes to Schools (312,357) 900,000 730,000 (142,357) 325 Development Impact Fees 488,928 75,000 0 563,928 326 Transportation Impact Fee Fund 2,000 390,000 11,700 380,300 343 State -Local Partnership 25,185 2,671 0 27,856 345 Traffic Congestion Relief 428,493 578,823 500,000 507,316 346 Prop 1B 21,412 924,000 908,556 36,856 348 State Grant (291,341) 0 0 (291,341) 402 800 MHZ Project 102,893 0 0 102,893 502 Section 8 1,538,723 7,434,000 1,215,884 8,696,220 1,492,387 505 HOME 1,624,237 642,423 160,606 2,106,054 506 Home Loan Program 2,742,775 5,000 531,650 2,216,125 511 Tax Increment Fund 15,371,699 150,000 (666,667) 7,661,317 7,193,715 522 Low & Moderate Income Housing 9,900,863 3,245,578 (2,042,002) 424,874 10,679,565 626 Facilities Maintenance Fund (257,054) 2,099,039 2,804,122 (962,137) 627 Liability Insurance Fund 1,592,782 2,531,453 (200,000) 3,030,459 893,776 628 General Services Fund 289,357 432,972 316,497 405,832 629 Information Systems Maintenance 1,285,440 761,612 1,013,194 1,033,858 630 Office Equipment Depreciation 2,334,774 425,616 (400,000) 1,353,500 1,006,890 631 Telecommunications Revolving 874,195 397,812 (200,000) 662,164 409,843 632 General Accounting Services 605,557 865,896 (230,000) 844,252 397,201 633 Unemployment Insurance Reserve 207,209 38,820 38,318 207,711 643 Motor Vehicle Svc Fund 2,211,722 1,577,328 1,795,828 1,993,222 644 Equipment Replacement Reserve 376,784 0 0 376,784 721 Library Trust Fund 47,908 1,300 0 49,208 TOTAL ALL FUNDS 82,499,562 90,795,073 0 94,923,391 78,371,244 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2009-2010 001 GENERAL FUND 001-00000 Taxes: 3000 Current Year -Secured 3001 Current Year -Unsecured 3002 Supplemental Roll 3003 Prior Year -Secured & Unsecured 3006 Interest, Penalties & Delinq. 3007 Mile Of Cars Spec. Assessment TOTAL PROPERTY TAXES 3009 Property Taxes Allocated NET GENERAL FUND PROPERTY TAXES 3010 Sales & Use Taxes 3011 Property Tax: In Lieu Of Sales Tax 3012 Properly Tax: In Lieu of VLF 3013 NC Downtown Prop Bus Imp Dist 3015 District Transaction & Use Tax 3016 Ab1290 Property Tax Pass -Through Payment 3018 US Fish & Wildlife in Lieu of Property Tax 3020 Transient Lodging Tax 3030 Cable TV Franchise 3031 Electric Franchise 3032 Gas Franchise 3033 Refuse Franchise 3040 Business License Tax 3041 Residential Rental Fee 3042 Paratransit Fees SUBTOTAL 001-00000 Use Of Money and Property: 3161 3202 3300 3314 3323 3324 Investment Earnings Rental -Land Lease - Cricket Comm -El Toyon Lease -Cricket Comm -Sweetwater Hts 2,694,748 2,918,400 2,757,464 2,772,480 92,511 - - 353,790 350,000 208,689 315,000 1,730 27,795 (33) - 3,170,541 3,268,400 2,968,611 3,087,480 (1,428,790) (1,485,929) (1,349,608) (1,403,679) 1,741,751 1,782,471 1,619,003 1,683, 801 11,756,281 12,279, 750 10,169,885 10,477,100 3,836,423 4,093,250 3,559,819 3,381,828 4,815,816 4,960,300 5,151,069 4,960,300 (63) 8,480,038 8,550,000 8,737,000 8,300,150 778,398 397,254 854 841,745 860,100 755,386 1,055,386 372,207 390,100 390,100 401,785 546,853 546,900 546,900 580,939 109,697 120,900 120,900 141,113 387,479 384,400 423,057 443,822 602,287 600,000 600,000 600,000 143,709 130,000 130,000 130,000 4,700 5,000 400 5,000 33,638,924 34,703,171 32,982,771 32,558,478 2,458 1,905,590 1,222,200 1,142,372 100,000 - 1,000,000 3326 Lease -Old National City Library 77,443 66,600 69,061 71,100 SUBTOTAL 2,083,033 1,288,800 1,211,433 1,071,100 i I001-00000 Inter -Governmental Revenue: 3400 State Motor Vehicle In Lieu 284,583 361,700 192,819 240,000 3420 State Hoptr 15,995 17,200 16,400 16,400 3452 Mandated Cost Reimbursement 1,217 - 33,718 - 3455 CDC Contribution 320,000 320,000 320,000 320,000 3470 County Grants 75,000 75,000 75,000 - SUBTOTAL 621,795 773,900 637,937 576,400 001-00000 Other: 3586 Photocopy Sales 15 45 3604 Sales Of Miscellaneous Property 31,569 33,603 3634 Misc. Revenue 52,131 - 15,042 3636 Refunds & Reimbursements 31,708 37,700 2,758 2,758 3643 Insurance Settlements 79,523 - 980 - 3999 Transfers From Other Funds 700,000 902,137 _ 902,137 2,410,131 SUBTOTAL 894,946 939,837 954,565 2,412,889 3 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2009-2010 001-01001 City Council Operations: 3637 Donations - Council SUBTOTAL 001-02000 City Clerk Operations: 3529 Sales Of Misc. Publications 3585 Misc. User Charges 3634 Misc. Revenue SUBTOTAL 3,836 - 3,836 - 157 491 24 1,000 2,960 491 1,000 3,140 1,000 1,000 001-04045 Finance Accounting: 3146 Parking District Permit 3,196 2,600 2,393 2,600 3585 Misc. User Charges 867 700 624 700 SUBTOTAL 4,063 3,300 3,017 _ - 3 300 001-04046 Finance Revenue: 3101 Administrative Fees - 35,419 3141 Garage Sale Permits 2,335 3,300 2,420 3,300 3585 Misc. User Charges 700 - 700 3589 Retumed Check Charges 440 1,100 95 1,100, 3631 Cash Over/Short 115 - 51 - SUBTOTAL 2,890 5,100 37,985 5,100 !001-06000 Planning Operations: 3143 Home Occupation Permits 3,808 3,600 1,994 2,000 3502 Conditional Use Permit 68,223 46,800 19,749 19,750 3503 G.P./S.P. Changes 14,038 14,000 - 7,000 3504 Interpretationg/Determinations - 1,100 - 500 3506 Planned Development Permit 17,496 31,300 14,922 15,000 !; 3508 Request Initiate GP/SP Change - 6,400 10,836 6,400 3509 Street Vacations - 6,600 3,300 3510 Tentative Parcel Map 10,503 17,500 4,429 4,500 i 3511 Tentative Subdivision Map 27;283 23,200 ' 24,186 12,000 3512 Zone Change Permit 7,332 36,700 - 18,000 3513 Zone Variance Permit 1,937 7,000 - 3,500 3514 Day Care Center 1,254 - 4,187 4,200 3521 Coastal Development Permit 2,007 3,700 12,574 9,000 3529 Sales Of Misc. Publications 282 147 - 3530 Appeal Fee 9,327 3,500 1,750 3531 Certificate Of Compliance 9,619 3,900 2,479 2,500 3532 Banners/Signs - Processing Fee 404 800 114 400 3546 Prelim Site Plan Review 1,439 1,400 700 3581 Environmental Assessment Form 11,547 3,900 9,197 3,900 '.. 3584 Substantial Conformance 500 1,265 500 3585 Misc. User Charges (4,260) 12,092 - 3588 Zoning/Rebuild Letter 675 800 658 650 3634 Misc. Revenue - 1,265 - SUBTOTAL 182,914 212,700 120,093 115,550 001-06028 Building & Safety: 3120 Building Permits 366,229 426,100 351,771 250,000 3545 Plan Checking Fee 1,811 10,000 - - 3569 Housing Inspections Fees 266 272 - 3585 Misc. User Charges 9,939 10,000 6,626 400 SUBTOTAL 378,245 446,100 358,669 250,400 4 Department Engineering Engineering Engineering Engineering Engineering Engineering Engineering Engineering Engineering Engineering Engineering Engineering Engineering Engineering Engineering Non Departmental Non Departmental Non Departmental Police Community Services Neigh Svcs Neigh Svcs Neigh Svcs Com Svcs Com Svcs Finance Finance Finance Account 001-406-029-213-0000 001-406-029-222-0000 001-406-029-226-0000 001-406-029-230-0000 001-406-029-244-0000 001-406-029-258-0000 001-406-029-260-0000 001-406-029-281-0000 001-406-029-291-0000 001-406-029-299-0000 001-406-029-301-0000 001-406-029-304-0000 001-406-029-309-0000 001-406-029-318-0000 001-406-029-399-0000 001-409-000-650-0000 001-409-000-650-9016 001-409-000-710-0000 001-411-000-196-0000 001-441-000-445-0000 001-445-464-301-0000 001-445-464-304-0000 001-445-464-306-0000 Total General Fund 166-441-429-196-0000 166-441-429-211-0000 Total Nutrition Center 628-404-047-100-0000 632-404-045-100-0000 632-404-045-101-0000 Total Preliminary Adopted Comments $ $ $ $ $ $ 193,436.00 $ (772,090.00) $ (528,432.00) $ 15,000.00 1,500.00 3,750.00 500.00 5,000.00 200.00 700.00 200.00 7,067.00 575.00 400.00 100.00 230.00 500.00 14,500.00 $ 474,949.00 $ 474,949.00 $ 11,000.00 $ 100.00 $ 1,000.00 $ 150.00 $ 1,000.00 $ 550.00 $ 300.00 $ $ 19,899.00 $ 1,900.00 $ 200.00 $ 200.00 $ 270.00 $ 1,000.00 $ 120,000.00 Per May 26, 2009 workshop $ 93,436.00 $ (693,594.00) $ '9,014.00 $ 2,000.00 $ 500.00 $ 1,500.00 $ (429,575.00) $ (8,440.00) $ 3,500.00 $ (4,940.00) Impact on GF of: $ (98,857.00) Impact on Fund of: $ 4,940.00 $ 9,360.00 P/T Salaries were not posted. $ 32,365.00 P/T Salaries were posted as F/T. $ 442,584.00 $ 484,309.00 Impact on Fund of: $ (9,360.00) 1 ZN:1WIJVLL' CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2009-2010 001-11000 Police: 3100 Animal Licenses 3200 Vehicle Code Fines 3201 Parking Citations 3203 Parking Cite Admin Fee 3220 Other Forfeits & Penalties 3533 Booking Fees 3537 Misc. Police Services 3548 Animal Control Revenues 3550 Vehicle Impound Fees 3551 Administrative Impound Fee 3556 Police & Fire Svcs - Port Of San Diego 3558 Tow/Impound Referral Fees 3586 Photocopy Sales 19,221 22,000 177,175 160,000 257,734 200,000 1,515 1,800 9,993 9,000 13,694 - 3,436 - 275 300 10,450 6,800 35,750 32,000 500,074 525,100 55,650 44,500 8,778 10,000 14,725 22,000 173,625 160,000 186,353 200,000 1,630 1,800 8,021 9,000 8,586 3,116 300 12,500 6,800 45,320 32,000 525,078 525,100 44,520 44,500 7,344 10,000 3636 Refunds & Reimbursements 262 200 200 SUBTOTAL 1,094,007 1,011, 700 1,030, 818 1,011,700 001-12000 Fire: 3322 AMR Lease - Fire Station - 51,169 51,200 3637 Donations - Walmart 250 - - SUBTOTAL - 250 51,169 51,200 001-12124 Fire Prevention: 3121 Uniform Fire Code Permits 5,627 5,000 2,364 5,000 3122 Storage Tank Permits 206 300 300 3541 Plan Review Fire Systems 14,252 22,000 5,624' 22,000 3542 Abandoned Vehicle Abatement 1,787 888 - 3553 Fire Permit Review Fee 123,132 90,000 136,380 90,000 3561 Weed Abatement (2) SUBTOTAL 145,002 117,300 145,256 117,300 i001-12125 Fire Operations: 3202 False Alarm Fines 3203 Uniform Fire Code Violations 3544 Misc. Fire Services 3545 Plan Checking Fee 3555 Fire Prot Svcs -Lower Sweetwater 3556 Police & Fire Svcs - Port Of San Diego 3636 Refunds & Reimbursements 3637 Donations 10,122 6,500 13,808 6,500 - 1,390 - 9,078 183,138 169,244 176,424 176,424 172,625 181,256 181,256 181,256 23,272 - - 250 SUBTOTAL 001-13134 Housing Inspection Pilot Program: 3569 Hsn9 Insp Pilot Prog-Housing Inspections SUBTOTAL 390,546 357,000 380,816 364,180 17,250 - 17,250 - - 001-14000 Risk Management: 3632 Comp Insurance Reimbursement 3633 Insurance - CDC 3636 Refunds & Reimbursements 3643 Insurance Settlements SUBTOTAL 001-21000 Engineering Operations: 3130 Street & Curb Permits 3142 Grading Permits 45,704 20,000 87,283 20,000 95,960 95,000 95,000 95,000 10,000 10,000 151,664 125,000 182,283 115,000 8,318 9,500 9,590 9,500 2,899 3,200 2,117 3,200 5 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2009-2010 3146 Parking District Permit 3144 House Moving Permits 3147 Miscellaneous Permits 3160 Utility Company Permits 3528 Sale Of Plans & Specifications 3585 Misc. User Charges 3634 Misc. Revenue SUBTOTAL 001-22000 Public Works Operations: 5,100 6,639 8,657 - 13,669 10,700 12,615 56,866 34,900 48,861 3,597 - 9,711 5,651 7,900 19,157 3,840 3,200 1,050 103,497 74,500 109,739 5,100 10,700 34,900 7,900 3,200 74,500 3475 Tonnage Diversion Grant 29,098 32,500 29,098 32,500 3630 Accident Damages (11,400) - - 3634 Misc. Revenue 2,138 1,700 167 1,700 SUBTOTAL 19,836 34,200 29,265 34,200 001-22221 Public Works Streets: 3634 Misc. Revenue SUBTOTAL 396 700 - 700 396 700 700 001-22223 Public Works Facilities: 3313 Rental -Kimball 2,400 3,600 2,400 3,600 3315 Rental -Other City Property - 8 - 3318 Vending Machine Revenue - 400 - 400 3634 Misc. Revenue 825 900 1,050 900 SUBTOTAL 3,225 4,900 3,458 4,900 '. 001-41000 Recreation Operations 3317 Rental -Las Palmas Golf Course 3572 Misc. Recreation Charges 3574 Swimming Pool Revenue 3570 Ceramics 3637 Donations - Portillo Comm Ctr SUBTOTAL 001-42000 Parks Operations 3590 Street Tree Fees SUBTOTAL 82,705 82,000 78,428 82,000 5,735 5,000 9,314 5,000 (2,985) 2,000 2,000 500 500 135 85,590 89,500 87,742 390 390 800 800 1,040 1,040 89,500 800 800 itTX 104 LIBRARY FUND 3009 Property Taxes Allocated 3420 State HOPTR 3999 Transfers From Other Funds '105 PARKS MAINTENANCE FUND 3000 Current Year -Secured 3420 State HOPTR 3999 Transfers From Other Funds 108 LIBRARY CAPITAL OUTLAY 3050 Real Property Transfer Tax 3565 Book Fines 659,872 6,158 1,006,686 768,918 7,176 298,337 686,286 6,600 1,062,429 799,643 7,700 367,131 623,301 5,898 1,062,429 726,306 6,873 367,131 648,300 6,600 688,326 '; 755,379 7,700 236,181 88,634 100,000 84,052 84,052 23,473 18,200 19,920 18,200 , I L4}V77`_t7- cgs )4�A i 4, k.. �^s1✓+'^. � 6 109 GAS TAXES FUND 3300 3410 3411 3412 3413 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2009-2010 Investment Earnings Gas Tax 2106 Gas Tax 2107 Gas Tax 2107.5 Gas Tax 2105 AAtrv-FUNrTITITAi' gv 111 POST FUND 3461 P.O.S.T. 531,3 115 PARK & REC CAPITAL OUTLAY FUND 3314 Rental -Land 3470 County Grants 120 PLAN CHECKING REVOLVING 3545 Plan Checking Fee 125 SEWER SERVICE FUND 3636 Refunds & Reimbursements 3316 Rental -Sewer 3563 Sewer Service Charge 3564 Sewer Transportation Charge 3610 Sewer Connection Fees 32,104 249,032 504,028 7,500 376,654 78,092 `;80 2 269,267 248,230 410 7,342,902 3,147 80,271 26,200 22,407 26,200 253,900 223,268 227,000 524,000 443,586 455,000 7,500 7,500 7,500 389,800 340,254 343,000 1 01 400 - �Q??;0., vz_ . � 14 5$k700 75,000 248,000 100,000 271,800 75,000 256,969 100,000 211,368 64 205 7,100,000 7,328,881 12,000 29,800 21,299 75,000 248,000 271,800 7,100,000 12,000 29,800 5 Est: Y 130 EMT-D REVOLVING FUND 3034 Franchise -AMR 3322 AMR Lease -Fire Station 3441 Public Relations Revenue -AMR 3442 Equipment Replacement Revenue -AMR 3996 Penalty -AMR 151,987 38,907 2,500 200,000 51,200 12,000 50,000 199,992 200,000 12,000 50,000 I r&)l::;±;i, 131 ASSET FORFEITURE FUND 3300 Investment Earnings 3539 Seized Assets 22,181 170,110 15,400 115,000 14,145 43,810 15,400 87,348 ,.`z.%,�L�L .<. 136 TINY TOT CLASSES FUND 3572 Misc. Recreation Charges ND$aTA 145 JUVENILE EDUCATION FUND 3637 Donations 4,320 4,300 5,880 1,000 4,300 154 STATE PUBLIC LIBRARY FUND 3463 Other State Grants 36,630 3,260 18,772 7 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2009-2010 158 SWIMMING POOL REVOLVING FUND 3574 Swimming Pool Revenue F ND TOTAL 159 GENERAL PLAN UPDATE RESERVE 3999 Transfers from Other Funds 166 NUTRITION 3470 3471 3481 3490 3514 3515 3516 3517 3634 3636 3999 County Grants Breakfast Program Grant Federal Grants Grants - State Nutrition- Program Income - Catered Meal Nutrition - Program Income Nutrition- Donation Nutrition - Income - Delivered Meals Miscellaneous Revenue Refunds & Reimbursements Transfer From Other Funds 32,980 30,800 30,896 30,800 3:280. 30:800,049941., . 3 800 250,000 250,000 666,667 gt4fPi 288,359 299,527 299,527 292,691 75,782 67,500 102,852 51,208 109,946 115,000 106,258 106,992 200 - 93 - 36,517 35,500 28,218 26,518 375,912 286,907 286,907 325,765 171 LIBRARY SCHOOL DISTRICT CONTRACT 3467 School District Contract Reimb 172 TRASH RATE STABILIZATION FUND 3642 Rate Stabilization Receipts 173 NATIONAL SCHOOL DISTRICT CONTRACT 3467 School District Contract Reimb 34,055 144,749 19,062 111,713 37,876 35,480 -.4414 151,326 37,876 95,680 37,876 _ Y,U0.(4) ,i- ii' L;. 174 SWEETWATER SCHOOL DISTRICT CONTRACT 3467 School District Contract Reimb 95,422 185,074 185,074 185,074 176 POLICE REIMBURSED OVERTIME FUND 3634 Misc. Revenue 47,463 35,000 26,876 35,000 rOl 188 GRANT HIDTA 3498 Other Federal Grants k.11 s ,. 190 30TH STREET CLEANUP FUND -1303 3300 Investment Earnings 191 STOP PROJECT 3550 Vehicle Impound Fees 33,886 11,474 63.986 8,500 49.800 7,578 39,284 8,500 49,800 8 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2009-2010 198 PROPERTY EVIDENCE SEIZURE 3220 Other Forfeits & Penalties 200 30TH STREET CLEANUP FUND - 1304 3300 Investment Earnings 201 NCJPFA DEBT SERVICE FUND 3300 Investment Earnings 3456 Police Facility Lease 9 1r.flw.`a[ 304 27,483 1,143 486,451 208 SUPPLEMENTAL LAW ENFORCEMENT SVCS FUND (SLESF) 3463 SLESF FY 2007-2008 117,519 211 SECURITY & ALARM REGULATION FUND 3161 Security Alarm Permits 3202 False Alarm Fines 1,780 3,604 20,400 490,656 490 656 12,594 25,127 • 18,153 306 490,656 20,400 490,656 27,913 12,594 25,127 10,460 i t Yh(„It�i, 14J•:S'1 :Y:r ..'orb:. . X-6 212 PERSONNEL COMPENSATION FUND 3700 Internal Service Charges 3999 Transfers From Other Funds 356,779 356,900 356,900 356,900 830,200 - -4�t,I_���� 11rS1jr _ r K'7���•��, 230 ABANDONED VEHICLE ABATEMENT GRANT 3463 Other State Grants '241 NATIONAL CITY LIBRARY STATE GRANT 3463 Other State Grants 62,038 722,604 114,121 78,065 114,121 373R4.Mi. 242 N. CITY LIBRARY MATCHING FUND 3300 Investment Earnings 4.205 3.200 2.871 3.200 r?t'..�+��i1. 2)°l� '246 WINGS GRANT 3463 Other State Grants '250 NEW FIRE STATION CONSTRUCTION 3300 Investment Earnings 253 RECREATIONAL ACTIVITIES FUND 3598 Misc Recreation Revenue 7 254 LEAD BASED PAINT HAZARD REDUC. GRANT 3498 Other Federal Grants 899,122 899,101 7,384 17,129 208.265 8,100 899,101 104,551 21,200 8,100 9 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2009-2010 259 LIBRARY BONDS DEBT SERVICE FUND 3008 Special Assessment -Go Bonds 261 CDC DEBT SERVICE FUND 3011 3300 3634 3999 Tax Increment Revenue Investment Earnings Miscellaneous Revenue Transfers From Other Funds 273 CBAG- MAJOR MEXICAN TRAFFICKERS 3498 Other Federal Grants 'UAe"'c*r:y. 277 NC PUBLIC LIBRARY DONATIONS FUND 3637 Donations 282 REIMBURSABLE GRANTS CITYWIDE 3498 3498 3498 3498 3498 3498 3498 3498 3498 3498 Other Federal Grants FY07 Homeland Security Grant Program FY07 Homeland Security Grant Program CRI-Mass Prophylaxis Plan FY06 State Homeland Security Grant Prog. FY06 Urban Area Security Initiative Other Federal Grants FY05 Assistance to Firefighters FY07 Homeland Security Grant Program FY08 Homeland Security Grant Program 481,882 488,900 440,946 481'( 882:_ 13:84610' .. , s9 6, 848 9 11,766,428 (47,107) 30,478 814,215 iq`5, 64, 12,620 52,168 185 1,912 22,000 77 18,203 104,651 9,157 1,020 40,447 488,900 12,182,310 11,919,367 12,182,310 826,118 826,118 826,118 k308, 2 e Z5r15 <1398, 2 22,978 • w 17,473 15,638 17,213 14,786 10,042 42,624 1:111.1Ca7`s°tqi 'AL,„ 290 POLICE - FEDERAL GRANTS 3498 BVP 2004-BUBX04024490 3498 3498 3463 3498 Click It or Ticket OTS DUI Enforcement-AL0817 Alcohol Beverage Control JAG 2008-DJ-BX0360 (2,518) 7,000 94,115 71,594 16,459 126,738 71,594 16,459 68,739 j;' E• 5 294 HUD HEALTHY HOMES GRANT 3498 Other Federal Grants 296 ENGINEERING DEPARTMENT GRANTS 3463 CIWMB-RAC Chip Seal Grant 277,222 150,000 150,000 25,678 900,000 301 CDBG 3321 3480 3481 3483 HILP Payments - Interest Federal Grants - CDBG Other Federal Grants Miscellaneous Revenue 3,043,418 1,092,595 111,989 1,092,595 1,107,495 10 307 PROP A FUND 3300 3466 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2009-2010 Investment Earnings Transactions & Use Tax 11tJDl-OTALx 312 STP LOCALfTRANSNET HIGHWAY 3300 Investment Earnings 3498 Other Federal Grants D 314 OTS GRANT 314-00000-3463 3463 Other State Grants 320 LIBRARY GRANTS 3463 3463 3463 3463 3463 3463 3463 3634 3463 3463 3463 3463 3634 3463 Literacy Initiatives XV LSTA Grant Americorps Year 3 LSTA Grant Prime Time Year 3 LSTA Grant Americorps/CNCS Year 4 Americorps/CNCS Year 5 WOW Mobile 2007/2008 Grant FY 2008 Americorps YR5 LSTA FY 2008 Americorps YR5 LSTA Literacy Service YR 5 - FY 2007/2008 Secretary of State 2008 Grant WOW Mobile 2008/2009 Grant Americorps Year 6 LSTA Misc Revenue - Americorps Year 6 LSTA Literacy Srvcs YR 6 - FY 2008/2009 321 SMART GROWTH INCENTIVE PROGRAM/RIP-TE FUND 3498 Other Federal Grants 121,400 91,200 80,568 72,511 357,194 4,674,000 4,674,000 924,000 '478 94 1996,511 35,318 96,005 1;323' 33,100 23,169 3,296 132,000 132,000 22,500 11,990 6,600 286,065 170,736 113,715 137,910 80,000 61,660 50,000 1,735,857 150,000 122,167 152,900 94,000 40,000 316,929 11,990 150,000 122,167 152,900 94,000 40,000 20,852 275,416 2,000,000 j 323 SAFE ROUTES TO SCHOOL 3463 Other State Grants 900,000 900,000 tnlFIe1 fi t; `.325 DEVELOPMENT IMPACT FEES 3624 Dev. Impact Fees -Police 3623 Dev Impact Fees- Fire/Ems 3622 Dev Impact Fees- Library 3621 Dev Impact Fees- Parks And Rec .326 TRANSPORTATION IMPACT FEE 3162 TDIF - SF Residential 3163 TDIF - MF Residential .343 STATE -LOCAL PARTNERSHIP 3300 Investment Eamings 64,753 25,663 9,760 48,658 4,493 20,000 10,000 10,000 35,000 192,000 198,000 3,300 11,217 4,446 6,067 30,252 16,000 20,000 10,000 • 10,000 35,000 192,000 198,000 2,968 2,671 viso 11 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2009-2010 •345 TRAFFIC CONGESTION RELIEF GRANT 3463 Other State Grants 346 PROP 1B 3463 Other State Grants 350 SAFETEA-LU GRANT 3498 Other Federal Grants 502 SECTION 8 3402 Hap - Voucher Program 3403 Administrative Fees 3616 Fraud Recovery -Hap 3617 Fraud Recovery -Administrative Fees 3636 Refunds & Reimbursements 3999 Transfers From Other Funds 3600 Other Revenue - Portability 80% 3634 Miscellaneous Revenue 504 HOME IMPROVEMENT LOAN PROGRAM 3321 HILP Payments - Interest 3634 Miscellaneous Revenue 982,993 8,473,568 963,403 586,265 r56; 2,390,000 527,302 578,823 4�8`2x3 924,000 -§5 7,394,225 7,198,992 6,474,000 980,703 950,656 960,000 20,806 - 20,806 31,777 - 1,215,884 3,697 - 19,749 16,467 331 5,000 5,000 "tt�LQ�w,�°�i�t.�.�.. 505 HOME 3321 HILP Payments - Interest 3481 Federal Grants 524,437 574,446 574,446 642,423 506 HOME LOAN PROGRAM 3321 Hilp Payments - Interest 3634 Miscellaneous Revenue 3,992 102 511 TAX INCREMENT FUND 3300 Investment Earnings 3309 Rental Property Income 3321 Loan Interest 3463 Other State Grants 3498 Other Federal Grants 3606 Proceeds From Sales Of Land (Gain) 3634 Miscellaneous Revenue 3636 Refunds & Reimbursements 3999 Transfers From Other Funds 730,055 503,586 85,592 107,208 2,951 2,773 18,827 145,316 797,658 - 452,288 - 47,388 1,817,980 - 10,493 8,915,568 10,237,788 10,237,788 150,000 522 LOW AND MODERATE INCOME HOUSING 3011 Tax Increment Revenue 2,941,607 3,045,578 2,979,842 3,045,578 3300 Investment Eamins_s 7,947 - - 12 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2009-2010 3634 Miscellaneous Revenue 3699 Miscellaneous Grants 3999 Transfers From Other Funds 626 P.W. FACILITIES MAINT. FUND 3636 Refunds & Reimbursements 3700 Internal Service Charges 627 LIABILITY INSURANCE FUND 3634 Misc. Revenue 3636 Refunds & Reimbursements 3700 Internal Service Charges 3700 Internal Service Charges 628 GENERAL SERVICES FUND 3700 Internal Service Charges i629 INFORMATION SYSTEMS MAINTENANCE FUND 3455 CDC Contribution 3700 Internal Service Charges 630 OFFICE EQUIPMENT DEPR. FUND 3700 Internal Service Charges 200,000 200,000 - - 49,900 49,900 - 99 - 2,099,052 2,099,039 2,099,039 2,099,039 ' - 3,1100 <. 2t092=1I,,_ is .. m 39. 7,261 46,385 1,347,646 1,382,890 432,950 1,347,650 1,183, 803 432,972 469,576 1,347,650 1,183,803 432,972 1,347,650 1,183,803 432,972 47,000 47,000 47,000 47,000 714,615 425,624 714,612 425,616 714,612 425,616 714,612 425,616 r' {r 631 TELECOMMUNICATIONS REVOLVING FUND 3700 Internal Service Charges 397,816 397,812 397,812 397,812 rti°i`AVLv'. 632 GENERAL ACCOUNTING FUND 3700 Internal Service Charges 865,891 865,896 865,896 865,896 633 UNEMPLOYMENT INSURANCE FUND 3700 Internal Service Charges 38,820 38,820 38,820 38,820 643 P.W. MOTOR VEHICLE SVCS. 3634 3636 3700 3999 Miscellaneous Revenue Refunds & Reimbursements Internal Service Charges Transfers from Other Funds 721 LIBRARY TRUST FUND 3300 Investment Earnings 731 CONSTRUCTION AND DEMOLITION DEBRIS 3552 Const. & Demolition Admin Fee 3815 Const. & Demolition Forfeited Deposit 3 1,577,339 95,000 1,813 805 38,877 1,577,328 415,000 1,300 38,877 1,577,328 415,000 t�f 1,198 7,710 3,723 1,577,328 1,300 13 CITY OF NATIONAL CITY EXPENDITURE SUMMARY BY OBJECT - ALL FUNDS FISCAL YEAR 2009-2010 ;e`s�stpt�o General Fund: 001 City Council City Clerk City Manager Finance City Attorney Development Services Human Resources Non -Departmental City Treasurer Police Fire Public Works Community Services Community Development Department 001 General Fund 103 General Capital Outlay Fund 104 Library Fund 105 Parks Maintenance Fund 109 Gas Taxes Fund 111 P.O.S.T. Fund 115 Park & Rec Capital Outlay Fund 120 Plan Check Revolving Fund 125 Sewer Service Fund 145 Juvenile Education Fund 154 State Public Library Fund 158 Swimming Pool Revolving Fund 159 General Plan Revolving Fund 166 Nutrition 171 Library School District Contract 172 Trash Rate Stabilization Fund 173 National School District Contract 174 Sweetwater School District Contract 189 Civic Center Refurbishing Fund 191 STOP Project 198 Property Evidence Seizure 201 NCJPFA Debt Service Fund 211 Security And Alarm Regulation Fund 212 Personnel Compensation Fund 253 Recreational Activities Fund 259 Library Bonds Debt Service Fund 261 'CDC Debt Service Fund 290 Police Dept Grants 294 .HUD Healthy Homes Grant Fund 296 Engineering Department Grants 301 Grant-C.D.B.G. 303 Capital Facilities Fund 304 Park Development Fund 307 Proposition A Fund 320 Library Grants 321 Smart Growth Program Fund 323 Safe Routes to School 326 Transportion Impact Fee Fund 345 Traffic Congestion Relief 346 Prop 1B Fund 502 Section 8 Fund 505 HOME Fund 506 Home Loan Program Fund ersb. Mamtg ; Rce4. , pltal Capital OPera>iion ` Outlay ,Improvements iC 345,493 48,659 0 0 211,576 605,728 89,128 88,620 0 0 52,688 230,436 372,185 63,086 0 0 225,775 661,046 189,955 8,985 0 0 41,765 240,705 390,983 130,271 0 0 59,889 581,143 1,356,780 204,869 0 0 764,165 2,325,814 329,364 66,790 0 0 (527,312) (131,158) 0 718,454 0 330,000 0 1,048,454 24,562 2,150 0 0 14,151 40,863 15,138,787 1,673,593 5,000 0 4,090,581 20,907,961 6,316,293 520,186 0 0 708,485 7,544,964 782,321 796,498 0 0 312,281 1,891,100• 909,377 71,228 0 0 703,883 1,684,488 101,087 8,750 0 0 0 109,837 26,346,315 4,402,139 5,000 330,000 6,657,927 37,741,381 0 0 0 10,000 0 10,000 1,058,376 125,320 0 0 487,769 1,671,465 879,304 63,900 3,000 0 158,095 1,104,299 48,480 21,155 0 150,000 0 219,635 0 75,000 0 0 0 75,000 0 1,232 0 123,000 0 124,232i 0 225,000 0 0 0 225,000' 679,670 5,850,170 0 0 221,620 6,751,460 0 3,755 0 0 0 3,755 9,771 0 0 0 0 9,771. 29,992 0 0 0 0 29,992 53,308 1,000,000 0 0 0 1,053,308 449,224 353,950 0 0 0 803,174 10,984 0. 0 0 0 10,984 74,800 115,848 0 0 14,930 205,578 44,166 0. 0 0 0 44,166 222,576; 0; 0 0 0 222,576 0: 0 0. 9,000 0 9,000 62,340; . 0 0 0 0 62,340. 01 3,000' 0. 0 0 3,000 0` 486,798; 0 0 0 486,798 0 2,210 0 0 0 2,210 356,900 0 0 0 0 356,900 0 8,100 0 0 0 8,100 0 399,500 0 0 0 399,500 0 6,379,013 0 0 0 6,379,013 68,739 0 0 0 0 68,739, 25,678 0 0 0 0 25,678 0 0 0 900,000 0 900,000 62,260 371,211 0 466,199 0 899,670 0 0: 0 35,000' 0 35,000 0, 0; 0 94,000 0 94,000. 204,994, 0 0 924,000 0 1,128,994 275,416: 0; 0 0 0 275,416 0: 0. 0 2,000,000 0 2,000,000 0 00 730,000 0 730,000 0: 11,700' 0 0 0 11,700 0 0 0 500,000 0 500,000 0 0 0 908,556 0 908,556 837,244 7,812,640 0 0 46,336 8,696,220 39,477 121,129 0 0 0 160,606 0 531,650 0 0 0 531,650 15 CITY OF NATIONAL CITY EXPENDITURE SUMMARY BY OBJECT - ALL FUNDS FISCAL YEAR 2009-2010 luY e . • r: ;'l x :u ".w `av , ; t$'4,1 pa:, `,tf 404. .. , r . "v.Y�,�Vs.ci� y+' a a.r ,y, -" 4Pttpr` ; �Pesso ang amt a crak pital � pi alp p to a ..:Tota1`Budaetf 511 ;Tax Incremental Fund • City Council 0; 23,1000' City Clerk 101,455' 0 0 City Manager 379,938 0' 0 Finance 339,640 57,251 0 City Attorney 231,754. 0, 0. Development Services 121,021 48,000 0. Human Resources 44,915, 0; 0 Non -Departmental 0 447,530 0 } Community Development Department 1,162,563 994,150' 0;, 511 !Tax Incremental Fund 2,381,286` 1,570,031 0. 522 (Low/Moderate Housing Fund 77,071. 347,803 0 626 1Facilities Maint Fund 818,750 1,696,700 0i 627 Liability Ins. Fund 130,621: 2,882,890 0 628 (General Services Fund 111,415': 129,160 01 629 jlnformation Systems Maintenance 162,642: 678,4151 0 630 Office Equipment Depreciation 0; 598,5001 205,0001 631 Telecommunications Revolving 58,264i 338,900; 65,0001 632 General Accounting Services 633 Unemployment Insurance Reserve Fund 643 Motor Vehicle Svc Fund Percent Total Maintenance & Operation 43.25% Capital Improvements 1.06% Capital Outlay 0.02% Maintenance & Operation 14.16% 651,0441 106,5541 0 01 38,318 Oi 434,532' 710,320 415,0001 42.33% 43.25% 0.80% Fiscal Year 2009-10 Expenditures By Object - All Funds Fiscal Year 2009-10 Expenditures By Object - General Fund roveme t • arge x �� 0' 01 23,100' 0 0 101,455 0 0 379,938 0 0• 396,891 0 0; 231,754 0• 0 169,021 0 0. 44,915 3,710,000 0 4,157,530 0 0, 2,156,713 3,710,000 0 7,661,317, 0 0;, 424,874 0 288,6721 2,804,122 0! 16,948! 3,030,459 • 0 75,922) 316,497: 160,000' 12,137 1,013,194i 550,000 0; 1,353,500i 200,000 01 662,164 0! 86,654 844,252 01 01 38,318; 0' 235,976 1,795,828 tit 111 13.62% 100.00% Personnel Services 84.76% 16 General Fund General Fund General Fund 'Gas Tax Fund !Civic Center Refurbishing Office Equipment Depreciation Fund 'General Accounting Services Fund Telecommunications Revolving Fund Liability Insurance Fund Grant - CDBG Fund CITY OF NATIONAL CITY FUND TRANSFERS DETAIL FISCAL YEAR 2009-10 Library Fund Parks Maintenance Fund Nutrition Center Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund Low & Moderate Income Housing Fund CDC Debt Service Fund Low & Moderate Income Housing Fund ( Section 8 Fund Tax Increment Fund General Plan Update Fund Operating Subsidy Operating Subsidy Operating Subsidy Operating Subsidy Operating Subsidy Operating Subsidy Operating Subsidy Operating Subsidy Operating Subsidy Expenditure Recovery !Total General Fund Impact Debt Service Funding Housing Assistance Subsidy General Plan (688,326) (236,181) (330,705) 700,000 480,000 400,000 230,000 200,000 200,000 200,131 1,154,919 826,118 1,215,884 666,667 17 CITY DFNATIONAL CITY SUMMARY OFFUNDED POSITIONS BYFUND FISCAL YEAR 2O09'2O1O lGeneral Fund: lAbandoned Vehicle Abatement------- -------'---- ----- -F�----------[----------- ---------- Officer 001 0.66. [l00 2.00 i'--------------'--' ----'--- ---~'---- -' ----r- ---'- -� ------- Accounting Assistant 001 3.00 3.00 3.00 ! 3.88 3.88 !---------]---------- 2.00 � 2.00 0.22 0.00 | 0.70 ' 0.70 ��AdministrativeSecrnbaOU1 '--------------------' - --------�- !Animal Control Officer 001 � {! -----------------�--- ---'-- -' ----- Manager PIT 001 / 5.55 -' 2.00 0.35 --' 0.70 �-'~-'--- -'-'--------+----- Assistant Civil Engineer Assistant Planner -- 001 001 �-------'--�------ 0O1 0010.20 001 ------ -i------ 8])0 2.00 _ 1.00----.-- 0.00 ---------'-+ _ 0--_ _ 1.00 1.00 8<00 0.00 _ 1_0' 1.00 0.95 F- 1�0O Assistant Police Chief Associate Accountant Assoo�i�U teCEngin�_ Associate Planner __1-)0___] _ 0i28 _ 1i8O_ | 1.00 001 001 _1 1-- 1.00 Building Inspector/Plans Examiner 8 i|din Official u �� 001 O 00 ' 0.00 ��______ 0.50 1.00 0.50 ^ City Attorney 001 City Clerk 001 _ 0.50 0.50 0i50 0T25__ O.4O____ 1.00 City Engineer 001 0.25 0.25 City Manager 0O1 001 0.40 1.00 0/40 1.00 Cit Treasurer Civil Engineering Technician 001 0.80 0.80 1.65 1�00 Code Conformance Officer 001 3.00 0.0O 1.00 ! 0i060.60 1.00 1.00 Cunnnounhv�en�ce�f�uer ' UO1 001 ConnnnunitvSenicesDireutor _--_- 1.00 Confidential Assistant 001 0.00 1.00 1.00 Corporal Officer 001 20.15 21.80 Council Members 801 3.26 3.48 4.00 Crime Analyst _ 001 _ _ 1.00 1.00 1.00 Crime Scene Specialists 001 3.00 2.00 2.00 De"ut Fire Marshall 001 1.00 1.00 1.00 Dir. ofPublic Works & Special Projects 081 0.70 0.80 0.70 Oirector ofBIds. &Safe 001 1.00 1.00 0.00 Director ofP1annin" &BuUding_ 001 1.00 0.70 0.00 ` E9ui"nnmntO°eratnr 001 2.00 2.00 . 2.00 Executive Assistant || 001 3.28 3.58 3.58 Executive Assistant U| 001 0.70 0.80 0'70 Executive Assistant |V 001 1.00 0.70 0.70 Executive Director __. 001 0.00 0.20 0.20 Executive Secretary 001 001 001 081 18� � . - 400 ----���'4-' 900 �� 175 . - 400 -���---- 900 � 15O _- . 400 --���--- | 900 1.00 Fire Battalion Chief --------------- -------- -----'-----'-'---'- Fira(�eota� _._ Fire Chief -� 1.00' --___---���.___ 1.00 Fire Engineer 001 9.00 9.00 8.00 Fire Inspector 001 _ 1.00 1.00 1.00 Firefighter 001 19'00 19.00 19.00 Graffiti Removal Assistant 001 0.00 0.33 0.33 Gnyffih Removal Technician 001 --------`--- U.UU ---~-------------------`------ 0.33 0.33 l9 CITY OF NATIONAL CITY SUMMARY OF FUNDED POSITIONS BY FUND FISCAL YEAR 2009-2010 'Housing Inspector Human Resources Director ;Information Systems Manager 'Information Systems Technician I :Information Systems Technician II :Investigative Aide Lifeguard - P/T 'Maintenance Worker MManagement Analyst II ;Management Analyst III 001 2.00 001 0.88 001 0.40 001 0.10 001 I _ ... 0.10 001 0.00 001.._ 3.42 001 i 3.00__ 001 �1.70 00 __. 001 2.00 0.00 0.88 0.40 z_. _ 0.40 _ 0.10 0.10 0.10 0.10 1.00 i 1.00 2.00 2.00 1.58 _ ..._ .._1.38 2.00 1.50 0010 0ptedk 0.00 0.88 (Management Intern - P/T J 001 1.00 0.95 j 1.00 1.92 1.00 Mayor_ _ _ _ 001 001 i 1.00 1.00 1.00 ;Neighborhood Council Coord. 0.00 1.00 [Neighborhood Council Spec. 001 001 T 0.59 0.50 _� Neighborhood Service Manager 0.00 0.33 _ 0.00_ Office Assistant 001 0.88 0.88 _ _ 0.88 Parking Regulations Officer 001 3.00 3.00 3.00 Permit Technician 001 1.00 1.00 1.00_ Planning Technician 001 0.00 1.00 - 1.00 Police Captain 001 1.00 0.00 0.00 Police Chief 001 1.00 1.00 1.00 Police Dispatcher 001 11.00 12.00 12.00 Police Lieutenant 001 6.00 6.00 6.00 Police Officer 001 48.52 47.58 46.50 Police Operations Asst 001 1.00 1.00 1.00 Police Records Clerk 001 3.00 4.00 4.00 Police Records Clerk - P/T 001 2.48 2.98 2.98 Police Records Mana er 001 1.00 " 1.00 1.00 Police Recruit 001 0.00 -,- 0.00 1.00 Police Sergeant 001 13.00 13.00 13.00 Police Service Officer 001 1.00 0.00 0.00 Police Support Service Mgr. 001 1.00 1.00 1.00 Principal Civil Engineer 001 0.00 0.15 0.20 Princi al Planner _ 001 1.00 1.00 1.00 Property & Evidence Spec I 001 1.00 1.00 1.00 Property & Evidence Spec II 001 1.00 1.00 1.00 Pro erty & Evidence Supervisor 001 1.00 1.00 1.00 Public Info Officer/MA III Records M_gt. Officer 001 001 �1.00 0.50 _ 1.00 0.50 4.05 1.00 0.50 Recreation Aid - P/T 001 3.03 4.05 Recreation Center Supervisor 001 0.75 0.75 + 0.75 Recreation Leader I - P/T 001 4.36 3.20 3.20 Recreation Leader II - PIT 001 0.00 0.06 0.06 Recreation Leader III - P/T 001 0.43 0.67 0.67 Recreation Specialists-P/T 001 2.18 3.22 3.22 Recreation Superintendent Recreation Supervisor 001 001 _ _ 1.00 1.47 _ 1.00 2.00 1.00 2.00 I 20 CITY OF NATIONAL CITY SUMMARY OF FUNDED POSITIONS BY FUND FISCAL YEAR 2009-2010 Reserve Coordinator Reserve Officer Senior Accountant Senior Accounting Assistant Senior Bldg. Inspector Senior Civil Engineering Technician Senior Code Conformance Officer Senior Construction Inspector Senior Equipment Operator _ T Senior Lifeguard - PIT Senior Office Assistant Senior Office Assistant Senior Office Assistant Senior Office Assistant - P/T Senior Office Assistant -PT Senior Police Dispatcher Senior Traffic Painter Special Asst. to the Mayor Special Project Manager P/T Sr. Asst. City Attorney Sr. Asst. City Attorney -PT Sr. Office Assistant - FT Sr. Office Assistant - FT 001 0.25 001 L..__._.._ 2.88.. 001 1.00 001 1.00 001 1.00 001 0.90 001 i 0.00 001 001 1.00 1.00 001 0.27 ; 0.20 001 2.00'.__!� 2.00 001 ! 0.85 0.85 F_ 001 2.00 2.00 001 • 1.50 0.00 001 0.50 0.50 001 001 1.00 1.00 1.00 1.00 001 1.00 0.00 0.25 2.88_ 1.00 0.00 1.00 0.25 _ 2.88 �� 100_ 1.00 0.90 0.95 0.33 0.33 1 0.40 0 40 0.90 1.00 0.00 2.00_ µ1 0.50 2.00 0.00 0.50 1.00 1.00 0.00 001 0.50 0.00 0.00 001 001 001 0.65 0.65 0.50 0.50 0.60 0.50 1.00 1.00 1.50 001 0.50 0.50 0.50 STOP Grant Office Coord 001 0.50 0.20 0.00 Street & Wastewater Maint. Supervisor Street Sweeper Operator Student Worker - PT Student Worker - PT Traffic Engineer Traffic Painter Trainin• Coordinator 001 001 001 001 001 001 001 1.00 0.50 1.00 0.00 0.95 0.70 1.00 0.50 1.00 0.00 1.00 0.70 1.00 0.54 0.50 1.00 0.00 0.50 0.75 1.00 0.56 Library Fund: City Librarian Librarian 104 104 1.00 1.90 1.00 2.00 1.00 2.00 Librarian - P/T 104 2.58 2.85 2.85 Library Assistant -P/T Library Clerk-P/T Library Technician Office Aides - PIT Principal Librarian Senior Library Technician Senior Office Assistant 104 5.46 4.20 104 0.00 0.80 104 3.00 104 _ 4.37 104 ' 1.00 104 1.00 104 1.00 3.00 5.55 1.00 1.00 1.00 4.20 0.80 3.00 5.55 1.00 1.00 1.00 itiff x41 Parks Maintenance Fund: [Lead Tree Trimmer 105 1.00 1.00 1.00 21 Park Caretaker - !Park Superintendent CITY OF NATIONAL CITY SUMMARY OF FUNDED POSITIONS BY FUND FISCAL YEAR 2009-2010 105 105 5.00 1.00 5.00 1.00 Park Supervisor Parks Equipt. Operator ;Seasonal Park Aide - P/T Senior Park Caretaker ;Tree Trimmer 105 105 105 105 105 `s 109 109 109 ! 1.00 1.00 1.00 3.00 1.00 0.50 1 � 1.00 1 00 1.00 3.00 1.00 k 1.00 1 1.00 _` 3.0_0 2.00 2.00 OI ;Gas Tax Fund: 'Associate Civil Engineer 0.00 ' 0.05 City Engineer 0.20 0.20 ..___I 0.05 Civil Engineering Technician 0.50 0.50 0.25 Executive Secretary - - 109 0.05 0.05 0.05 Management Analyst II 109 0.05 0.05 0.05 Principal Civil Engineer 109 0.00 0.25 0.05 Senior Construction Inspector 109 0.20 0.20 0.00 Senior Office Assistant 10g 0.05 0.05 0.05 [Traffic En •ineer '' -) _l (r?x }`6; 109 0.00 3 - 0.00 t,,arf'tita,a 0.05 0.05 Sewer Service Fund: Administrative Secretary 125 0.20 0.20 0.30 Assistant City Manager 125 0.10 0.10 0.00 Assistant Civil Engineer 125 0.10 0.10 0.02 Associate Civil En ineer 125 0.50 0.00 0.00 City Engineer 125 0.20 0.20 0.20 City Manager 125 0.10 0.10 0.10 Civil Engineering Technician 125 0.60 0.60 0.13 Dir. of Public Works & Special Projects 125 0.30 0.40 0.20 Equipment Operator 125 1.00 2.00 1.00 Executive Assistant IV 125 0.00 0.00 0.10 Executive Secretary 125 0.05 0.05 0.05 Maintenance Worker 125 3.00 3.00 3.00 Management Analyst II 125 0.10 0.10 0.00 Management Intern - P/T 125 0.00 0.00 0.01 Principal Civil Engineer 125 0.00 0.20 0.20 Senior Civil Engineering Technician 125 0.10 0.10 0.01 Senior Construction Inspector 125 0.20 0.20 0.10 Senior Office Assistant 125 125 125 0.05 0.05 0.10 1.00 0.50 Storm water Compliance Inspector Street & Wastewater Maint. Supervisor 1.00 1.00 1.00 0.00 Street Maintenance Supervisor 125 0.00 0.50 0.00 Wastewater Crew Chief State Public Library Fund: 125 0.00 0.00 1 1.00 Librarian - P/T 154 ,'¢LY ' ���i..tm`�. 0.00 0.19 �e. 0.19 22 CITY OF NATIONAL CITY SUMMARY OF FUNDED POSITIONS BY FUND FISCAL YEAR 2009-2010 Swimming Pool Revolving Fund: Aquatics Manager - PIT Lifeguard Senior Lifeguard - P/T 158 0.04 0.28 0.50 0.00 0.37 0.00 I 0.20 Ta L :x� '• 24fl x t . . o1 General Plan Update Reserve Fund: Neighborhood Council Spec. Principal Planner is D,. ,. "•'°r'R al 'i a. 1. :,{ X"3F; r. xS .{.LE. sifiCL '}'. . 159 159 r •: mkt.- 166 166 i$k. •-,5n^ 2411.. 0.00 0.00 1.00 1.00 4.00 1.00 i 0.00 0.00 I a., r.. 0.17 0.33 p.. .. 0.50 Nutrition Fund: Dishwasher Executive Chef 'Food Service Worker Home beliVered Meals Coordinator 0.50 1.00 1.00 166 166 3.25 3.25 1.00 Kitchen Aide 166 2.00 1.00 1.00 Nutrition Custodian 166 1.00 2.00 1.00 0.00 Nutrition Driver 166 7 1.50 1.50 Nutrition Program Manager 166 r_ 1.00 I, 1.00 1.00 1.00 Office Assistant 166 1.00 1.00 Sous Chef ,. kt•Akic0 f l at �t_ Library School District Contract: a' 166 �� w _, > 1.00 ri�-KY co.) 0.00 'I) I 1.00 1..00 f � ,,%": 1 1.00 (r/�4 ,) Libra Clerk-P/T F it-,,7Qt rEAh f .. Trash Rate Stabilization Fund: 171 n r 1.23 �r i- --}.;p 0.48 J Street Swee•er O.erator National School District Contract: 172 1.00 1.00 1.00 Police Officer 173 0.16 0.30 0.33 Senior Police Officer [., !FRS F I. Sweetwater School District Contract: 173 0.15 , 0.00 0.00 f ., Police Officer 174 0.81 1.50 1.67 Senior Police Officer Grant - HIDTA Fund: 174 0.70 0.00 0.00 Police Officer {�gg . ...,.. a , .,. ... STOP Project Fund: fi; , 188 191 ., :.,t� ; 0�q.51 _.. + a•$ .. r �., t s., 0.00 ;K. 0.80yy Yee ,, 1.00 110 ,.F:r„ 0.00 ,, 0.50 I - o1 1.00 fr ii,7 STOP Grant Office Coord yy il.i t01 i`�S�i Security and Alarm Regulation Fund: - 1.00 -i'J i Alarm Program Coord 165s, 0 40. 211 + 1.00 J.LXe 23 CITY OF NATIONAL CITY SUMMARY OF FUNDED POSITIONS BY FUND FISCAL YEAR 2009-2010 Abandoned Vehicle Abatement Grant: Abandoned Vehicle Abatement Officer ;Sr. Office Asst - P/T WINGS Grant: Library Clerk P/T ;Senior Library Technician 246 246 2.00 0.00 0.00 1.00 2.00 0.00 0.00 0.00 0.00 0.00 Lead Based Paint Hazard Reduction Grant ,Lead Haz. Ctrl. Program Coordinator 254 1 1.00 i 1 J 0.00 j 0.00 [Lead Housing Inspector t t f1' itq. k ?rt:r Police -Federal Grants Fund: 254 b 290 ':- �.�.:' ^. 1.00 _:°° 4 0.00 Gr KL p °^°a Vie° 0.00 .g45.11 k° °0 ~�-_�- 0.50 � I °; ° ,Police Officer ;IA*40k � '. HUD Healthy Homes Grant Fund: 0.00 a{aa 0.62 ...=;�...k `' Housing Inspector II 294 0.00 0.00 0.12 Lead Housin• Inspector Community Development Block Grant: 294 1.00 0.00 0.33 Community Specialist II 301 0.00 0.00 0.75 ~ Librarian 301 0.60 0.00 _ 0.00 Neighborhood Council Coord. 301 1.00 0.00 0.00 Nei•hborhood Council Spec. 301 0.41 0.00 0.00 Recreation Aid - P/T 301 0.02 0.00 0.00 Recreation S • ec.- P/T , x {�e�r' 1' €t d! . i Proposition "A" Fund: 301 0.98 4-11 tl 0.00 az oYs 0.00 e Associate Civil Engineer 307 0.85 0.85 0.60 City Engineer 307 . 0.10 0.10 0.25 Civil En•ineerin. Technician 307 1.00 1.00 0.81 Executive Secretary 307 0.05 0.05 0.10 Management Analyst II 307 0.05 0.05 0.30 Management Intern - P/T 307 0.00 0.00 0.01 Principal Civil Engineer 307 0.00 0.25 0.35 Senior Civil Engineering Technician 307 0.00 0.00 0.01 Senior Construction Inspector 307 0.20 0.20 0.00 Senior Office Assistant Traffic EfnC•inpeer Library Grants Fund: 307 307 0.05 0.00 0.05 0.30 0.00 0.15 Librarian 320 1.00 1.48 2.00 Library Assistant 320 1.00 1.00 1.00 Library Assistant -P/T 320 0.00 0.96 0.96 Library Clerk-P/T 320 I 0.00 0.48 0.48 Library Technician _ ~ 320 1.00 1.00 1.00 24 CITY OF NATIONAL CITY SUMMARY OF FUNDED POSITIONS BY FUND FISCAL YEAR 2009-2010 !Section 8 Fun . !Community Development Manager Customer Service Clerk Executive Director Housing Assistant __ ___ i Housing ProOram Manager Housing Specialist Senior Housing Specialist Senior Office Assistant t ; 502 502 0.00 2.00 ; 1.00 5.00 [ 1.00 0.00 0..50 °060 0.000 __ _ i 3.00 1.00 i 3.38 1.00 1.00 0.10 1 2.00 502 502 502 502 1.00 4.50 1.00 1.00 ,Training Coordinator 9d o.at HOME Fund: Community Specialist I . 502 a 0.46 984 ,,1 0.00 - 0.44 } 0 tf 505 0.00 0.25 Communit Specialist II ;� s ®o�,tom.' � 1 Tax Increment Fund: 505 • 0.00 . ,.... �. ,,. 0.00 ems, b ,' 9 8 0 r', 0.25 > rw s Accountant 511 1.00 2.50 2.50 Accounting Assistant 511 1.25 0.25 0.25 Administrative Secretary 511 0.75 1.42 1.42 Assistant City Manager 511 0.20 0.20 0.30 Assistant Civil Engineer 511 0.10 0.10 0.03 Associate Accountant 511 0.80 0.00 0.00 Associate Civil Engineer 511 0.15 0.15 0.15 Buyer 511 0.15 0.15 0.15 Ci Attorney 511 0.50 0.50 0.50 Ci Clerk 511 0.50 0.50 0.50 Ci En ineer 511 0.25 0.25 0.25 City Manager 511 0.50 0.50 0.50 Civil Engineering Technician 511 0.10 0.10 0.16 Code Conformance Officer 511 0.00 1.34 1.34 Community Development Coordinator I 511 1.00 0.00 0.00 Community Development Coordinator II 511 1.00 0.00 0.00 Communit Director 511 0.00 1.00 0.00 _Development Community Development Manager 511 0.00 2.00 1.00 Community Development Specialist - 511 0.00 2.00 2.00 Community Specialist I 511 0.00 0.00 0.50 Community Specialist II 511 0.00 1.0Q 0.00 Council Members 511 0.74 0.52 0.00 Director of Finance 511 0.30 0.30 0.30 Director of Planning Economic Development Intern 511 511 0.00 0.30 0.00 1.00 0.00 0.00 Economic Development Receptionist 511 1.50 0.00 0.00 Executive Assistant II 511 0.52 0.22 0.22 Executive Asst III 511 0.30 0.40 0.30 Executive Assistant IV 511 0.00 0.30 0.20 Executive Director 511 1.00 0.80 0.70 1.30 Executive Secretary , 511 1.00 1.10 Financial Services Officer 511 0.30 0.30 0.30 25 !Graduate Intern ;Graffiti Removal Assistant ;Graffiti Removal Technician Housing Inspector - P/T ;Housing Inspector I ;Housing Inspector II CITY OF NATIONAL CITY SUMMARY OF FUNDED POSITIONS BY FUND FISCAL YEAR 2009-2010 511 511 511 511 511 0.00 1.00 1.00 0.00 0.00 1.00 1.00 i 1.00 0.67 0.67 0.67 0.67 0.00 i 1.00 1.00 1.00 1 0.88 Human Kesources Director 511 Information Systems Technician I 511 1 U.12 1.00 U 12 1.00 0.12 1.00 Lead Hazz.Ctrl. Program Coordinator 511 0.00 0.00 1.00 Lead Housing Inspector_ _ Management Analyst II 511 511 0.00 0.10 2.00 0.22 0.67 0.27 Management Analyst III ' 511 0.00 0.00 0.50 Management Intern �- 511 � 0.00 0.00 0.06 Mayor 511 0.05 0.00 0.00 Neighborhood Council Spec. 511 0.00 0.00 0.33 Nehborhood Service Manager 511 0.00 0.67 _ 0.00 Office Assistant 511 0.37 0.37 - 0.37 Principal Civil Engineer 511 0.00 0.15 0.20 Princi al Planner 511 0.00 1.00 0.67 Project Manager 511 1.00 0.00 0.00 Project Manager - Redevelopment 511 1.00 4 0.00 0.00 _ Purchasing Agent 511 0.15 0.15 0.00 Purchasing Clerk 511 0.15 0.15 0.15 Records Mgt. Officer 511 0.66 0.75 0.66 Recreation Supervisor 511 0.53 L 0.00 0.00 Redevelopment Manager 511 1.00 j 0.00 0.00 Risk Manager 511 0.25 0.25 0.25 Senior Civil Engineering Technician 511 0.00 0.00 0.03 Senior Code Conformance Officer 511 0.00 0.67 0.67 Senior Office Assistant 511 0.00 0.00 0.05 Sr Economic Development Manager 511 1.00 0.00 0.00 Sr. Asst. City Attorney 511 0.35 0.35 0.40 Sr. Office Assistant - FT 511 0.50 0.50 0.00 Stock Clerk/Storekeeper 511 0.00 0.00 0.07 Traffic Engineer 511 0.30 0.30 0.05 Tree Trimmer 511 1.00 0.00 0.00 Under•raduate Intern R Y t .".r . (' P ^ iis'v x ': Fk''h. C Y ns o` t�l{. �; 511 �'}�,C,•'iyi..� ..(^yy 1.00 •y y Rs'-�3.@.i. e "�'.«^ ��s,. 2.]00ry. � L '�"�i^ s i xI � 1.00 �n b YL7��R• :>:. 0.50 Low and Moderate Income Housing Fund: Community Development Manager 522 0.00 1.00 Communi S. ecialist I 7 522 7 r. ..... t6x66rpp o • 0.00 t� .§ 0.00 0.25 ,-'cs,#• n+.9 P.W. Facilities Maintenance Fund: Building Trades Specialists 626 1.00 1.00 1.00 Custodian 626 8.00 8.00 9.00 i 1.00 Electrician 626 1.00 1.00 Facilities Maintenance Supervisor 626 1.00 1.00 ) 1.00 I 1.00 Plumber 626 1.00 _ 1.00 26 CITY OF NATIONAL CITY SUMMARY OF FUNDED POSITIONS BY FUND FISCAL YEAR 2009-2010 Su•ervisin• Custodian 626 1.00 1.00 1.00 Liability Insurance Fund: Office Assistant Risk Mana•er General Services Fund: Buyer Purchasing Agent Purchasing Clerk Stock Clerk/Storekeeper Information Systems Maintenance Fund: Information Systems Manager 629 Information Systems Technician I 629 627 0.75 0.75 627 i 0.75 ? 0.75 628 628 0.85 628 -, 0.85 628 0.48 Information S stems Technician II 629 Telecommunications Revolving Fund: Information Systems Manager 631 Information Systems Technician I Information S stems Technician II General Accounting Fund: Accountant Accounting Assist. - Temp Accounting Assistant Administrative Secretary Director of Finance Financial Services Officer Office Assistant Payroll Technician Senior Accountant Senior Accountin Assistant P.W. Motor Vehicle Services Fund: Equipment Maintenance Supervisor Equipment Mechanic Lead E. ui • ment Mechanic Net Change: 0.30 0.70 0.50 0.75 0.75 0.85 J 0.85 0.885 l 0.00 0.85 0.85 0.48 0.41 0.30 0.70 0.50 0.30 0.30 631 0.20 0.20 0.20 631 0.40 0.40 0.40 632 1.00 632 1.00 632 0.75 632 0.50 632 0.70 632 632 632 632 632 643 643 643 0.70 1.00 1.00 1.00 1.00. 3.00 1.00 1.00 0.75 0.50 0.70 0.70 1.00 1.00 1.00 1.00 3.00 1.00 (0.04} (6.14) 1.50 1.00 0.75 0.50 0.70 0.70 1.00 1.00 1.00 0.00 1.00 3:00 1.00 • 27 CITY OF NATIONAL CITY SUMMARY OF FUNDED POSITIONS BY FUND FISCAL YEAR 2009-2010 Detail of Changes in Funded Positions The following are positions with changes in FTE for the FY 2009-10: ,`4,`:..2.,: i 1L714G^'T:.,-V,?,. V.V.' 3: b i.C411.1/13:.3?;•. RI.. # :. ,.'.': ?..'�' u :6 A,,,,,:fri: K,,Z :MSE3:CS= ...ZW4.. ,,,a - %,A-. "f;S':_Ft3t ide H'i`,i:V _ra•1.4`" Y.,:- .!.4''�,. VXif': Building Official 001 0.00 I 0.00 1.00 Community Development Director_ 511 0.00 1.00 0.00 Community Specialist I 505 0.00 0.00 0.25 Community Specialist I - 511 0.00 0.00 0.50 Community Specialist I �- 522 0.00 0.00 0.25 Director of Bldg. & Safety 001 1.00 1.00 0.00 Director of Planning 001 1.00 0.70 0.00 Director of Planning 511 0.00 0.30 0.00 Housing Assistant 502 2.00 3.00 2.00 Housing Specialist 502 5.00 3.38 4.50 Lead Haz. Ctrl. Program Coordinator 511 0.00 0.00 1.00 Lead Housing Inspector 294 1.00 0.00 0.33 Lead Housing Inspector 511 0.00 2.00 0.67 Librarian 320 1.00 1.48 2.00 Library Clerk -PIT 171 0.00 1.23 0.48 Library Clerk-P/T2 246 0.00 1.44 0.00 Management Intern 001 0.00 0.00 0.44 Management Intern 511 0.00 0.00 0.06 Neighborhood Service Manager 001 0.00 0.33 0.00 Neighborhood Service Manager - 511 0.00 0.67 0.00 Purchasing Arent 628 0.85 0.85 0.00 Purchasing Agent 511 0.15 0.15 0.00 _1 Records Mgt. Officer' 511 0.66 0.75 0.66 Senior Library Technician2 246 1.00 1.00 0.00 Street & Wastewater Maint. Supervisor 125 1.00 0.00 0.50 Street Maintenance Supervisor 125 0.00 0.50 0.00 Undergraduate Intern 511 1.00 1.00 0.50 Undergraduate Intern 511 1.00 1.00 0.50 ..ELF-1£ii'�., fs c?1f Y#k F Y{�5 ) .'�>..., , . �.4 CC ..{Il('?'P!`'iS'''si. Net Change: 5.12 ' This position was erroneously reported at 0.75 FTE for the FY 2008-09. Actual FTE should have been 0.66. 2 These positions were previously funded through the WINGS grant. Because the status of the WINGS grant for FY 2009-10 these positions were not included in the City's FY 2009-10 Budget. (6.14) 28 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 16, 2009 AGENDA ITEM NO. 31 ITEM TITLE Resolution of the City Council of the City of National City authorizing the submission of an application to the U.S. Department of Energy for funds totaling $561,700 under the Energy Efficiency and Conservation Block Grant (EECBG) Program. PREPARED BY Geny Torres (Ext. 4336) DEPARTMENT Community Development Housing and Grants Division EXPLANATION This item involves 1) a brief presentation introducing the Energy Efficiency and Conservation Block Grant (EECBG) Program and recommending City projects to be funded by the EECBG Program and 2) Council consideration of a resolution authorizing the submission of an application to the U.S. Department of Energy for funding under the Energy Efficiency and Conservation Block Grant (EECBG) Program. Environmental Review v' N/A Financial Statement Approved By: Financ Directo The estimated amount of funding for FY 2009-2010 is $561,700 from the EEC Program. Account No. STAFF RECOMMENDATION Adopt resolution. BOARD ! COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 7 Background Report A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE U.S. DEPARTMENT OF ENERGY FOR FUNDS TOTALING $561,700 UNDER THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM WHEREAS, the City of National City desires to invest in facility infrastructure improvement projects that will promote energy efficiency and conservation for the City; and WHEREAS, the City of National City wishes to submit an application to the U.S. Department of Energy ("DOE") for the Energy Efficiency and Conservation Block Grant ("EECBG") Program funds not to exceed the amount of $561,700 to be used prior to FY 2011- 2012; and WHEREAS, the DOE has issued a Funding Opportunity Announcement ("FOA") for the EECBG Program established by Title V, Subtitle E of the Energy Independence and Security Act of 2007 ("EISA") PL 110-140; and WHEREAS, the DOE is authorized by Title V, Subtitle E of the EISA to approve funding allocations utilizing monies made available by The American Recovery and Reinvestment Act of 2009 ("ARRA") PL 111-5 to the EECBG Program, subject to the terms and conditions of the EISA, ARRA, and the EECBG Program Guidelines adopted as amended by the DOE on April 15, 2009. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: 1. The City Council of the City of National City hereby authorizes the submittal of an application to the U.S. Department of Energy ("DOE") for funds totaling $561,700 under the Conservation Block Grant ("EECBG") Program; the execution of a standard agreement, if selected for such funding, and any amendments thereto; and any related documents necessary to participate in the EECBG Program. 2. The City of National City shall submit an application to the DOE to participate in the EECBG Program in response to the FOA issued on March 26, 2009, which will request a funding allocation for facility infrastructure improvement projects to promote energy efficiency and conservation in National City. 3. If the application for funding is approved, the City of National City hereby agrees to use the EECBG Program funds for eligible activities in the manner presented in the application as approved by the DOE, and in accordance with program Guidelines cited above. It also may execute any and all other instruments necessary required by the DOE for participation in the EECBG Program. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute in the name of the City of National City the application, the Standard Agreement, and all other documents required by the DOE for participation in the EECBG Program, and any amendments thereto. --- Signature Page to Follow --- Resolution No. 2009 — Page 2 PASSED and ADOPTED this 16th day of June, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney BACKGROUND REPORT HISTORY/PURPOSE OF EECBG On December 19, 2007, the Energy Independence and Security Act (EISA) was signed into law, creating the Energy Efficiency and Conservation Block Grant (EECBG) Program. The purpose of the EECBG Program is to assist eligible entities in creating and implementing strategies to reduce fossil fuel emissions created as a result of activities within the jurisdictions, reduce total energy use, and improve energy efficiency in the transportation, building, and other appropriate sectors. On February 17, 2009 the American Recovery and Reinvestment Act (ARRA) of 2009 was signed into law. This economic stimulus package appropriated $3.2 billion for the EECBG Program and directly allocated $561,700 of these funds to National City. The Funding Opportunity Announcement (FOA) for the EECBG Program was issued on March 26, 2009 with an application submission deadline of June 25, 2009. Due to the time -constraint and the Department of Energy's (DOE) encouragement of projects that will be implemented expeditiously, it is imperative to streamline the grant application process this year in order to secure the funds entitled to National City. For this reason, it is being proposed that the $561,700 EECBG funds be used towards qualified internal projects that have been previously identified. HONEYWELL The City of National City is currently involved in a distinct energy -savings project with Honeywell. On April 21, 2009 Honeywell made a presentation to Council ("Budget Neutral Solutions for Energy Conservation and Comprehensive Facilities Improvement") regarding an energy efficiency audit they had conducted at various National City facilities and solutions for their findings. They identified $2.1 million in infrastructure improvements at 11 National City facilities that could save the City over $186,000 a year in energy costs. With these findings, their proposed solution was for the City to make these infrastructure improvements through a 15-year "Budget Neutral Comprehensive Solution"; a "Performance Contract" with Honeywell. This would require no capital investment because the City would be using their energy savings to fund these infrastructure improvements. On June 2, 2009, Council approved a Letter of Intent via consent to move forward with this Honeywell program. PROPOSED USE OF EECBG FUNDING The Department of Energy is encouraging that EECBG funds be used toward "shovel - ready" projects, sustainable programs, projects that leverage funds, and long-term funding mechanisms, such as performance contracts. Therefore, it is being proposed that the $561,700 EECBG funds be used as a down payment towards the approved Honeywell program, specifically the energy -efficiency projects listed in the table below. EECBG FUNDS AVAILABLE PROJECT' Chiller Replacement Premium Efficiency Motor Replacements Primary -Secondary Pumping System Installation Variable Air Volume (VAV) Retrofit TOTAL PROJECT COSTS $561,700 ESTIMATED COST 280,947 6,268 33,804 246,888 $567,908 ' To further facilitate the application process all proposed projects are located at one location, the Civic Center. This would augment the program from $2.1 million to $2.6 million, and would still remain budget -neutral. This proposal would allow for more City projects to be included in the scope since the energy savings would be re -directed to fund these additional projects. There are eight (8) Capital Improvement Projects from Fiscal Year 2009-2010 that have been identified to integrate into the scope of the existing Honeywell program. An additional benefit of funding these projects is that it would relieve pressure on the General Fund. PROJECT Casa de Salud (re -roofing) Kimball Recreation Center (re -roofing) Las Palmas Pool (electrical code upgrade) Civic Center (electrical code upgrade) Toyon (electrical code upgrade) Kimball Park (electrical code upgrade) Redundant A/C for Civic Center Data Center Bay Marina Streetscape Lighting Project TOTAL PROJECT COSTS ESTIMATED COST $18,300 24,400 61,000 10,980 29,280 48,800 158,600 131,760 $483,120 Furthermore, since the Honeywell project is currently underway, the plans and processes have already been determined. The grant application and post -reporting requirements would be simplified and it would allow for the quick implementation of the projects. FUTURE OF EECBG In future years, the City would consider the development of a competitive grant process to disperse EECBG funds to non -governmental organizations and other community agencies interested in implementing energy efficiency and conservation projects. City of National City, California CITY COUNCIL AGENDA STATEMENT 32 N41.011EETING DATE June 16, 2009 AGENDA ITEM NO. ITEM TITLE REPORT ON HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE AND ADVISORY AND APPEALS BOARD PREPARED BY George H. Eiser, Ill (Ext. 4221) EXPLANATION DEPARTMENT City Attorney Please see attached memorandum. Environmental Review ' N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Provide direction to staff. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1.1 Memorandum A-200 (9/99) 40- CALIFORNIA Mayor Rcn Morrison Council Members Frank Parra Alejandra Sotelo-Soiis Jess Van Deventer Rosalie Zarate NATIONAL CHr IMV C. INCORPORATED Office of the City Attorney TO: Mayor and City Council FROM: City Attorney SUBJECTI': Report on Housing and Community Development Committee; Advisory and Appeals Board City Attorney Georoe H. Eiser. III Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette Risk Manager Ashley K. Fenton DATE: June 2, 2009 Introduction In a recent memorandum to the City Manager, a copy of which is attached, the City Clerk reported that the Housing and Community Development Committee and the Advisory and Appeals Board commonly experience a lack of a quorum, no items of business, and often have vacancies in their membership. Because these bodies are virtually non- functioning, the City Clerk in his memorandum suggests that it may be appropriate to question the need for their continued existence. To assist in an analysis of this issue, this report examines the basis for establishment of and the functioning of the Housing and Community Development Committee, and the Advisory and Appeals Board. HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE Background Section 34120 of the California Health and Safety Code, part of the Community Redevelopment Law, requires the City Council, in cases where it has declared itself to be the board of the Community Development Commission (which the National City City Council has), to appoint two additional CDC board members who are tenants of the housing authority if the housing authority has tenants, one of which tenants shall be over 62 years of age if the housing authority has tenants of that age. If the housing authority has no tenants, the Council shall adopt an ordinance providing for the appointment of tenants within one year of the housing authority first having tenants. Section 34120 further provides that as an alternative to appointing tenants of the housing authority as two additional members of the CDC board, the CDC may create a community development committee to which the two tenant appointments may be made. In 1978, the City Council adopted Ordinance No. 1619 creating such a committee, which was named the Housing and Community Development Committee (the "Committee"). 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 Section 34120.5 of the health and Safety Code requires that the Housing and Community Development Committee consist of no more than seven members, or no more than nine members if some of the members are tenants of the housing authority. Section 34120.5 further requires that if a committee is created, its function shall be to review and make recommendations on all matters to come before the CDC prior to CDC Board action, except emergency matters, and matters that the committee, by resolution, excludes from committee review and recommendation. The City Council may provide for procedures for review and recommendation, and for further functions of the committee, and may delegate any of its functions as the CDC to the committee. As mentioned above, the City Council adopted Ordinance No. 1619 in 1978, establishing the Housing and Community Development Committee. Section 4 of the Ordinance states that: . . . the purpose of said Committee shall be to encourage communication from persons, organizations and institutions in the City of National City and to give advice and make recommendations to the Community Development Commission of the City of National City or to the City Council of the City of National City in connection with housing projects, programs and policies, including the following: a) The Community Development Block Grant Program pursuant to the U.S. Housing and Community Development Act of 1974, as amended. b) The Housing and Urban Development Section 312 Rehabilitation Loan Program within the adopted Housing Assistance Area, as amended. c) The Housing and Urban Development Section 8 Housing Assistance Payments Program for existing housing and for new construction including 300 units for handicapped and elderly persons. d) The relocation of families and individuals displaced from their residences by the projects and programs of the Community Development Commission. e) The housing and neighborhood improvement aspects of the proposed Amendment No. 1, Center City Redevelopment Project. f) Other housing improvements, housing assistance and neighborhood improvement projects, programs and policies in connection with Federal and State laws relating to housing and neighborhood improvement. 2 With respect to the Committees' duties, the Ordinance provides that the Committee shall limit its review and recommendation to the matters set forth above, through the adoption of its by-laws. The composition of the Committee is set forth at Section 5 of the Ordinance which provides, in relevant part, that the Committee: ... shall consist of nine members who shall be appointed by and serve at the pleasure of the Mayor with the concurrence of the City Council. Members of the Committee shall be residents of the City of National City and shall serve for two year terms. Membership shall be as follows: (a) Two members shall be tenants of the Community Development Commission in its capacity as Housing Authority and one of the two tenants shall be over 62 years of age. (b) Seven members shall be appointed in partial fulfillment of the requirements for Citizen Participation in the U.S. Housing and Community Development Act of 1974 as amended by the U.S. Housing and Community Development Act of 1977 and to fulfill the requirements of Sections 33385 through 33388 of the Law entitled "Project Area Committee". (1) Not less than one member shall be an owner occupant within a redevelopment project in which a substantial number of low or moderate income families are to be displaced from their homes. (2) Not less than one member shall be a tenant in a redevelopment project in which such substantial displacement is to occur. (3) Not less than one member shall be in business within a redevelopment projects. (4) Not less than one member shall represent an existing organization or institution within a redevelopment project in which such substantial displacement is to occur. (5) Committee members shall be appointed to best reflect the interests of persons, groups, businesses and institutions affected by the Projects and Programs of the Community Development Commission, as they may vary from time to time. (c) The Chairperson and the Vice Chairperson of the Committee shall be appointed in January of each year for one year terms by the Mayor with the concurrence of the City Council. The Secretary of the Commission shall be elected in January of each year by the Committee and shall serve for a one year term. Discussion Under the Community Redevelopment Law, when the City Council appoints itself as the Community Development Commission, the Council has two options: (1) appointment to the CDC Board of two additional members who are tenants of the housing authority, or (2) creation of a Housing and Community Development Committee to which the two tenant members may be appointed. The City Council chose the second option in 1978, with the adoption of Ordinance No. 1619. Because of the difficulties encountered in the proper functioning of the Committee, including problems in convening a quorum, the City Council may wish to consider another approach in complying with the mandate of the Community Redevelopment Law. For example, the Council could enact an ordinance providing that the Planning Commission, which consists of seven members, would perform the functions and duties of the Committee, at such times as Committee business must be conducted. These functions and duties could be those that the Committee is currently assigned, or they could be expanded, modified, or reduced. With respect to the requirement that two housing authority tenants be members of the Committee, the Council could include two such members among its appointments to the seven -member Planning Commission, or alternatively, appoint the tenant members as two additional members of the Commission, to act as part of the Commission solely when there is Committee business to be conducted. Of course, the City Council always has the option of maintaining the status quo, which would currently require the filling of at least three vacancies, including the two housing authority tenant members. Even in selecting this option, the Council could act to reduce the number of members on the Commission, change the composition of the Commission (although appointment of two tenant members is mandatory in any event), and revise the Commission's duties. ADVISORY AND APPEALS BOARD Background The Advisory and Appeals Board (the "Board")was first established by the City Council in 1972, pursuant to Ordinance No. 1324, and assumed what is substantially its current form with the adoption of Ordinance No. 1834 in 1984. Unlike the Housing and Community Development Committee, creation of the Board was not mandated by State law, but was conceived of entirely by the City. The Advisory and Appeals Board also 4 differs from the Housing and Community Development Committee in that the provisions of the ordinance establishing the Board were codified, i.e., placed into the National City Municipal Code as Chapter 15.04. Section 15.04.010 of Chapter 15.04 states that the Advisory and Appeals Bard consists of seven members, and sets forth the jurisdiction and duties of the Board as follows: A. Alternate Materials and Method of Construction. The advisory and appeals hoard may approve such alternate materials and/or method of construction provided they find that the proposed materials and/or method of construction, for the purpose intended, is at least equivalent of that prescribed in the code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. B. Refusal to Issue Permits. The refusal of the director of building and safety or fire chief to issue any permit required by the city may be appealed by the applicant to the advisory and appeals board. C. Notice to Abate Public Nuisances. The action of the director of building and safety or fire chief in issuing a correction notice or a notice to abate a public nuisance may be appealed to the advisory and appeals board. D. Interpretation of City Codes. The decision of the director of building and safety or fire chief in interpreting provisions of the building code, housing code, electrical code, plumbing code, mechanical code and fire code of the city may be appealed to the advisory and appeals board. Section 15.04.020 provides that the members of the Board shall be appointed for a term of four years by the City Council, although State law, which takes precedence, provides that an appointment to a hoard of this type shall he by the Mayor, with the approval of the City Council. Section 15.04.030 provides that the Board shall adopt rules for the conduct of its hearings; that a tie vote of the Board shall affirm an action of the Fire Chief or the Chief Building Official; and that the Board may appoint a hearing panel of one or more of its members to hear an appeal. Section 15.04.040 states that special meetings of the Board may be called pursuant to the provisions of Section 54956 of the California Government Code. Section 15.04.050 states that the Director of Building and Safety shall be the secretary of the Board. Section 15.04.060 sets forth detailed procedures for making appeals to the Board; Section 15.04.070 provides that the decisions of the Board may be appealed to the City Council. 5 Section 15.04.080 varies from the other sections of Chapter 15.04, providing that the City Council, rather than the Board, shall hear all appeals regarding the interpretation or application of disabled access regulations. Discussion Unlike the case of the Housing and Community Development Committee, the City Council has complete discretion over the creation and continued existence of the Advisory and Appeals Board. Because the Board has for all intents and purposes ceased to function, and because Chapter 15.04 already confers ultimate decision -making authority to the City Council in matters initially within the jurisdiction of the Board, the Council may wish to consider amending Chapter 15.04 to eliminate the Advisory and Appeals Board, and assume the authority currently vested in the Board. Alternatively, the Council may wish to maintain the existence of the Board, either in conformity with Chapter 15.04 of the Municipal Code, or with revisions to the Board's composition or duties. Conclusions It is requested that the City Council provide direction to the City Attorney's office as to how the Council would like to proceed on these issues. GHE/gmo Attachment ,: arr GEORGE H. EISER, III City Attorney 6 niTy RNEY City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-430? FEB I l ern q `.7. Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 Y 01 It .i 11.Th AL CITY February 17, 2009 TO: Chris Zapata George Eiser FROM: Michael Dalla SUBJECT: Review of Status - Building Advisory Appeals Board and Housing and Community Development Committee As part of the process of updating and compiling information for a report to the City Council on Board & Commission vacancies and expired terms; a review of the need and desirability of maintaining some Boards & Committees is appropriate. Two such boards that warrant review at this time are the Building Advisory and Appeals Board and the Housing and Community Development Committee. BUILDING ADVISORY AND APPEALS BOARD (BAAB) HISTORY The Building Advisory and Appeals Board was established by Ordinance 1324 in 1972. It is authorized under provisions of the Health & Safety Code and the Uniform Building Code. STATUS The Board consists of seven members appointed by the City Council for four-year terms. It does not have a regular meeting schedule but rather meets "as needed". The last time the Board met was more than five years ago. The exact date is unknown. There are presently four vacancies on the Board. Of the three remaining members, one is no longer able to serve, one has indicated that they no longer wish to be on the board and the third member's term expired four years ago. The only time the Board members are contacted by the City is to complete their annual Statement of Economic interest. For all intents and purposes, the BAAB is a non-existent board with no apparent purpose. ISSUES The current make-up and status of Board membership and the practically non-existent need for them to meet over the last several years raises some basic questions, such as: 1. Is there a statutory need or desire to maintain the Advisory & Appeals Board? 2. If the answer is `yes'; can the duties of the BAAB be addressed in some other way? 3. Does a smaller Board make sense or can additional responsibilities be assigned in order to make the Board meaningful? HOUSING & COMMUNITY DEVELOPMENT COMMITTEE (HCDC) HISTORY The HCDC was established by Ordinance 1619 with Statutory Authority from Health and Safety Code Sectionstil4W2., STATUS The nine member committee has at least three vacancies. The actual number of vacancies is difficult to determine because a meeting of the committee has not been held for some time. When a meeting was called, there was no quorum. Originally the committee met monthly under the auspices of the CDC. Its most recent (and only) charge when it was last active was to review and recommend funding allocations to the City Council for the CDBG program. With organizational and staff changes, the committee has become inactive; non-functioning and without an identifiable department liaison or coordinator. As with the BAAB, the only contact the HCDC members have with the City is for their annual Statement of Economic Interest. The terms of existing members have all expired. ISSUES Given its recent history and inactivity, current and future housing issues confronting the City as well as California and HUD housing regulations; is the HCDC still a necessary and valuable committee with a purpose? If the answer is 'yes' then should thought be given to clarifying and defining exactly what that role is and how best to facilitate it? RECOMMENDATION Both the Building Advisory and Appeals Board and the HCDC need members. It is difficult to recruit and retain members to serve on committees that do not meet nor have a clearly defined mission or purpose. Clarifying the need, purpose and make-up of both Boards should be the first order of business before attempting to recruit and or reappoint new members. It is recommended that the issues identified above, along with legal and policy considerations, be considered to determine an appropriate course of action. Recruitment, appointment and re -appointment activities will be held in abeyance pending such review. Copies of the Ordinances that created the two boards are attached. cc: Leslie Deese Brad Raulston COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California 'EETING DATE: June 16, 2009 AGENDA ITEM NO. 33 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $455,993.90 to the City of National City for the period of 05/13/09 through 05/19/09 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. 1 Environmental Review N/A Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $455,993.90 STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A l ♦ TACHMENTS (Listed Below) Warrants for the period the period of 05/13/09 through 05/19/09 CALIFORNIA *-& NATiormscirrir INCIo v RPORATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER # 47 5/19/2009 PAYEE SWEETWATER AUTHORITY 3-D ENTERPRISES CITY OF CHULA VISTA DESROCHERS KLEINFELDER, INC. L.B. CIVIL CONSTRUCTION POWER PLUS SAN DIEGO CLIPPING SERVICE SECTION 8 SECTION 8 HAPS PAYMENTS PAYROLL. Pay period Start Date 10 4/21/2009 DESCRIPTION 1615 E 4TH STREET FEBRUARY 2008 SERVICES .APRIL 2009 SERVICES RETIREMENT BENEFIT - MAY 2009 BAY MARINA DR SPE 08-13 APRIL 2009 SERVICES EQUIP RENTAL - AQUATIC CENTER CLIPPING SERVICE Start Date 5/13/2009 End Date 5/4/2009 End Date 5/19/2009 Check Date 5/13/2009 CHK NO DATE 226941 5/14/09 226942 5/19/09 226943 5/19/09 226944 5/19/09 226945 5/19/09 226946 5/19/09 226947 5/19/09 226948 5/19/09 AMOUNT 1,442.85 33,858.00 21,105.00 110.00 10,677.00 297,463.05 195.00 59.00 A/P Total $ 364,909.90 8,725.61 82,358.39 GRAND TOTAL S 455,993.90 +}- CALIFQRNIA e e INCOAPOnATED COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 47 5/19/2009 502 SECTION 8 FUND 29,232.60 505 HOME FUND 559.25 506 HOME LOAN PROGRAM FUND - 511 TAX INCREMENT FUND 424,782.12 522 LOW/MODERATE HOUSING FUND 1,419.93 455,993.90 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California 'EETING DATE: June 16, 2009 AGENDA ITEM NO. 34 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $38,263.18 to the City of National City for the period of 05/20/09 through 05/26/09 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. [IIPrfTACHMENTS (Listed Below) 1 Environmental Review N/A Financial Statement /, Approve the reimbursement of funds to the City of National City in the amount of $38,263.18 1 1 STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A I Warrants for the period the period of 05/20/09 through 05/26/09 • - CALIFORNIA «�+ PAYEE BUSTAMANTE & ASSOC EDCO DISPOSAL CORPORATION GEOSYNTEC CONSULTANTS HdL COREN & CONE HORIZON HEALTH EAP HUSK PARTNERS SECTION 8 SECTION 8 HAPS PAYMENTS NATIONAL L alit INCORPORATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER # 48 5/26/2009 DESCRIPTION CONSULTING SVCS MAR, APR & MAY 09 WASTE DISPOSAL -GRANGER MUSIC HALL EDUCATION VILLAGE -DELINEATION CONTRACT SVCS PROPERTY TAX EMP ASSISTANCE PROGRAM - MAY 09 CONSULTING SERVICES - MAY 2009 Start Date End Date 5/6/2009 5/12/2009 CHK NO DATE 227170 5/26/09 227171 5/26/09 227172 5/26/09 227173 5/26/09 227174 5/26/09 227175 5/26/09 AMOUNT 18, 000.00 104.75 1,661.23 1,200.00 114.56 7,500.00 A/P Total $ 28,580.54 9,682.64 GRAND TOTAL $ 38,263.18 CALIFORNIA �* NATIONAL CITY INCORPORATED COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 48 5/26/2009 502 SECTION 8 FUND 511 TAX INCREMENT FUND 9,682.64 28,580.54 38,263.18 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California MEETING DATE June 16, 2009 AGENDA ITEM NO. 35 ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND FOR FISCAL YEAR 2009-2010 PREPARED BY Jeanette Ladri Finance Director DEPARTMENT Finance x 4331 EXPLANATION The CDC invests surplus funds along with other cities and local agencies in the California State Treasurer's Pool, officially known as the Local Agency Investment Fund (LAIF). LAIF requires a Council Resolution designating the officers authorized to make those investments and withdrawals. This action provides a list that matches current CDC employees and officials. Withdrawals may only be made back to the general CDC checking account. Environmental Review Not Applicable. Financial Statement Not Applicable. Account No STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION Not Applicable. ATTACHMENTS Resolution No. Resolution Y A-200 (9/80) RESOLUTION NO. 2009 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND FOR FISCAL YEAR 2009-2010 WHEREAS, pursuant to Chapter 730 of the statutes of 1976 Section, 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the Community Development Commission of the City of National City does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein are in the best interests of the City of National City [or CDC??]. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City does hereby authorize the deposit and withdrawal of City monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein, and verification by the State Treasurer's Office of all banking information as provided in that regard. BE IT FURTHER RESOLVED that the following City officers or their successors in office shall be authorized to order the deposit and withdrawal of monies in the Local Agency Investment Fund: Chris Zapata, City Manager Brad Raulston, CDC Executive Director Leslie A. Deese, Assistant City Manager Jeanette Ladrido, Finance Director PASSED and ADOPTED this 2nd day of June, 2009. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT "MEETING DATE June 16, 2009 AGENDA ITEM NO. 36 ITEM TITLE Resolution of the Community Development Commission of the City of National City adopting the Morgan and Kimball Towers Budgets for Fiscal Year 2009-2010 PREPARED BY DEPARTMENT Alfredo Ybarra (Ext. 4279) Housing and Grants Division EXPLANATION See attached explanation Environmental Review J N/A Financial Statement NA Account No. Approved By' Finance Director STAFF RECOMMENDATION Adopt the resolution approving the Morgan and Kimball Towers budgets for the fiscal year 2009--2010. BOARD / COMMISSION RECOMMENDATION I ATTACHMENTS ( Listed Below) Resolution No. 1. Background 2. Kimball Budget 3. Morgan Budget A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ADOPTING THE MORGAN AND KIMBALL TOWERS BUDGETS FOR THE FISCAL YEAR 2009-2010 WHEREAS, the Community Development Commission of the City of National City (CDC) owns the Kimball and Morgan Towers; and WHEREAS, Falkenberg, Gilliam and Associates has been the property management company for said Towers since 1995; and WHEREAS, an operating budget for each building is prepared by the management company, and is reviewed and approved by the CDC Board; and WHEREAS, the Kimball and Morgan Towers' operations do not have a direct financial impact on CDC operations, and should be presented and approved independently of the CDC's annual budget; and WHEREAS, the last rent increase for Kimball Tower was in 2000, and no rent increase in recommended for fiscal year 2009-2010; and WHEREAS, an approximate 2.8% rent increase for the Morgan Tower, based on the HUD Automatic Adjustment Factor, is recommended to cover the costs of increased utility expenses, insurance costs and benefits, and other operating and maintenance costs; and WHEREAS, the budgets for the Kimball and Morgan Towers for the fiscal year ending 2009-2010 have been prepared and presented for approval. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves the Kimball and Morgan Towers budgets for the fiscal year 2009-2010. PASSED and ADOPTED this 16th day of June, 2009. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney Background Falkenberg, Gilliam and Associates has been the property management company for the Morgan and Kimball Towers since 1995. Each year, an operating budget for each building is prepared by the management company and is reviewed and approved by the Community Development Commission. Kimball Tower Kimball Tower is a 151 unit complex located at 1317 D Avenue and is owned free and clear by the Community Development Commission. Close to 92% of the tenants in this tower receive rental subsidies from HUD through the Section 8 program. For the fiscal year ending June 30, 2010, the projected annual income is $895,262 and the total cost of operations total $809,265. Although this presents a net income of $85,997, the property management company will place $84,000 in the replacement reserve account ($7,000 per month). Replacement reserves are funds that are restricted for the replacement of appliances, carpeting, or other unbudgeted building maintenance charges. As of April 30, 2009, the balance of the replacement reserve fund is $1,303,983.80. After funding the reserve account with the additional $84,000, the net income of the Kimball Tower is estimated to be $1,297. Because of this surplus of funds, the management company does not recommend increases to the rent. The current rent per unit will remain at $494 per month. Highlights of Kimball Towers' Budget are: • Budgeted at current rents of $494 • Management rate increase of 0.25% • Addition of $5,000 in order to complete a Comprehensive Needs Assessment Report • Capital Improvement Budget (fencing, storage tanks, nutrition center, stove replacement), $260,000, paid from replacement reserves. Morgan Tower Morgan Tower is a 151 unit complex located at 1415 D Avenue. All units receive Section 236 rental assistance. This building has a mortgage balance of $2,800,000 with the final payment due August 1, 2019. For the fiscal year ending June 30, 2010, the projected annual income is $1,174,257 and total cost of operations total $942,741. Although this presents a net income of $231,516, this tower requires a mortgage principal payment of $191,924. In addition, Morgan Tower has a replacement reserve fund in accordance with HUD requirements. After payment of the mortgage principal and a deposit to the replacement reserve of $37,524, the net income of the Morgan Tower is $2,068. The management company is recommending a 2.8% rent increase to be in effect September 1, 2009. This increase is anticipated to cover the costs of increased utility 1 expenses, insurance costs, software upgrades, and operating and maintenance costs. The current rent per unit is $635 and the proposed rate is $653. Highlights of Morgan Towers' Budget are: • Rent increase of $18 per unit per month • Addition of Office Assistant, Nelly Espinoza's staff salary and corresponding benefits. • Management rate increase of 0.25% • Addition of $5,000 for conversion of old HUD software into web -based software. • Addition of $5,000 in order to complete a Comprehensive Needs Assessment Report • Capital Improvement Budget (fencing, storage tanks, nutrition center, stove replacment), $225,000, paid from replacement reserves. With this staff recommends adopting the Morgan and Kimball Towers budgets for the fiscal year 2009-2010. ATTACHMENT 2 KIMBALL TOWER 2009-2010 BUDGET NOTES SUMMARY The budget for the -fiscal. year ending June 30; 2010 keeps rents at current levels. Fortunately, Kimball Tower has been able'.to cover the -rising. costs of utilities, insurance fees and taxes. The additional $5,000 to prepare a Comprehensive Needs Assessment Report- has also contributed to the expenses. Residents pay 30% of income up to a maximum of $.49.4. 5120 RENTAL INCOME APARTMENTS: Rents are as follows: Unit Type # Units Current Rents 1 Bedroom 151 S494 5220 VACANCIES/APARTMENTS - Budgeted at 1% of rents. 5410 FINANCIAL REVENUE — PROJECT OPERATIONS - Budgeted per current annualized. 5440 REVENUE FROM INVESTMENTS — REPLACEMENT RESERVE - Budgeted per current annualized. This interest remains in reserve for replacement account and is not used for operations. 5910 LAUNDRY AND VENDING - Budgeted per audit. 6310 OFFICE SALARIES — Budgeted per current expense plus 5% for Laurie Carreon, Office Assistant, working 40 hours per week, earning $2,773 per month. Current amount is low due to personnel vacancies. 6311 OFFICE EXPENSE - Budgeted per audit plus 5% for telephone and Internet Services, office equipment and maintenance, traveling and training, printing and copying expenses, office supplies, postage, tenant background screening fees, etc. Current is high because it includes purchase of copier at $9,854. 6320 MANAGEMENT FEE - Budgeted a 0.25% rate increase to 7.0% of net rental income and laundry income. 6330 MANAGERS' SALARIES - Budgeted per audit plus 5% for Naomi Jiles, Resident Manager, working 16 hours a week, earning $1,425 per month. Note that Resident Manager's salary is split between Morgan & Kimball Towers. Also budgeted for Kalinka Angueliev, Assistant Manager, working 32 hours a week, earning $2,635 per month. Budgeted additional amount for vacation, sick time, and salary increase, if merited by performance. . 6331 ADMINISTRATIVE RENT FREE UNIT - Budgeted at $494 each per month for manager's unit, assistant manager's unit and office assistant's unit. 6350 AUDIT EXPENSES (PROJECT) - Budgeted per audit plus S450. 6351 BOOKKEEPING FEES/ACCOUNTING SERVICES- Budgeted per audit plus $450 for computer servicing and technical and software support. 6390 MISC. ADMINISTRATIVE EXPENSES - Budgeted at $1,000 per month for a service coordinator and $100 per. month for the resident council expenses. Budget also includes additional $5,000 for preparation of a required Comprehensive Needs Assessment Report. Audit is low due to change in service coordinators. 6450 ELECTRICITY - Budgeted per audit plus 13%. Current rates have increased by 13% since same period last year. 6451 WATER - Budgeted per current expense annualized. 6452 GAS - Budgeted per audit plus 5%. 6453 SEWER - Budgeted per audit plus 5%. Current is low since the project has not received this year's sewer billings. Prepared by Falkenberg/Gilliam & Associates, Inc. ■ Managing Agents 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena, CA 91109-7070 ■ (323) 258-3512 Kimball Tower 2009-2010 Budget Notes Page 2 6510 PAYROLL - Budgeted per current expense plus 5% for Bill Jiles, Superintendent, working 19 hours a week at $1,815 r% per month. Note that Superintendent's salary is split between Morgan & Kimball Towers. Also budgeted for Ivan Angueliev, Assistant Superintendent, working 38 hours per week at $3,074 per month and for Charles Ray, Maintenance, working 40 hours per week at $2,773 per month. Budgeted additional amount for vacation, sick and salary increase, if merited by performance. 6515 SUPPLIES - Budgeted per current expense plus 5% for maintenance and cleaning supplies, electrical parts, plumbing supplies, hardware and tools, uniforms, appliance parts, paint supplies, lights, locks, keys, etc. Current is high because it includes $7,160 for purchase of refrigerators and stoves. 6520 CONTRACT - Budgeted per audit (less $19,266 for unit flooring contract work and less $30,899 for unit and building carpet cleaning, all of which are non -recurring) plus 5% for landscaping, exterminating, elevator service, plumbing, electrical repairs, water treatment, gate and door repairs, generator maintenance, etc. Current is high because it includes elevator repair at $12,240, unit flooring work at $17,110, carpet cleaning of common areas at $8,463 and manager unit cabinets and flooring work at $8,161. 6525 GARBAGE AND TRASH REMOVAL - Budgeted per current annualized plus 5%. 6530 SECURITY PAYROLL/CONTRACT - Budgeted per audit plus 5% for guard service, semi-annual fire inspections, annual fire alarm monitoring, fire alarm repairs, and fire extinguisher maintenance. 6546 HEATING/COOLING REPAIRS - Budgeted per current expense plus 5%. 6711 PAYROLL TAXES (Project's Share) - Budgeted at 7.65% of salaries for Social Security and Medicare, and $224 each for SUI/ETT taxes. 6720 PROPERTY AND LIABILITY INSURANCE - Budgeted per current premium of $33,446 plus 5%. 6722 WORKER'S COMPENSATION - Budgeted per current premium of $12,427 plus 5%. 6723 HEALTH INSURANCE & OTHER EMPL. BENEFITS - Budgeted per current expense plus 5% for health, dental and life insurance. Current monthly amount is $512.52 each for health insurance for four employees, $5.49 each for life insurance for five employees, and $14.33 each for dental insurance for three employees. In addition, budgeted pension cost for all employees, which is 5% of employee's base salary. Audit amount is low because of personnel vacancies. 6790 MISCELLANEOUS TAXES, LICENSES AND PERMITS - Budgeted per current plus $450 for elevator permits at $420, emissions fee at $319, emissions fee at $245, and false alarm fees at $853. RESERVE FOR REPLACEMENTS DEPOSIT REQUIRED - Budgeted at monthly deposit amount of $7,000. Since establishing the monthly replacement reserve deposits in 2004, the reserve for replacement fund has increased substantially and is currently over $1,000,000. Therefore, we propose to decrease the monthly deposit amount of $10,000 to $7,000. This will also allow the project to utilize the additional monies for project expenses. May 20, 2009 Prepared by Falkenberg/Gilliam & Associates, Inc. ■ Managing Agents 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena, CA 91109-7070 • (323) 258-3512 Budget Worksheet `, Income and Expense Projection FISCAL YEAR JULY 1, 2009 - JUNE 30,2010 KIMBALL TOWER Description of Account Acct. No Audited FYE 6/30/2008 Per Unit Month 151 / 12 Current 7/1/2008 3/31/2009 Per Unit Month 151 / 9 Budget 7/1/2009 6;30/2010 Per Unit Month 151 / 12 Rental Rent Revenue - Gross Potential 5120 503,093 277.65 376,826 277.28 502,402 277.26 Income Tenant Assistance Payments 5121 • 393,266 217.03 287,242 211.36 392,726 216.74 5100 Rent Revenue - Stores and Commercial 5140 - - - - - - Garage and Parking Spaces 5170 - - - - - - Flexible Subsidy Revenue 5180 - - - - - - Miscellaneous Rent Revenue 5190 - - - - - - Excess Rent (memo only) 5191 - - - - - - Rent Revenue/Insurance 5192 - - - - - - Special Claims Revenue 5193 - - - - - Retained Excess Income • 5194 - - - - - - Total Rent Revenue Potential Q100%Occupancy 5100T 896,359 494.68 664,068 488.64 895,128 494.00 Vacancies Apartments 5220 6,166 3.40 4,734 3.48 8,951 4.94 5200 Stores and Commercial 5240 - - - - - Rental Concessions 5250 - - - - - Garage and Parking Spaces 5270 - - - - - Miscellaneous 5290 - - - - Total Vacancies 5200T 6,166 3.40 4,734 3.48 8,951 4.94 Net Rental Revenue (Rent Rev. Less Vac.) 5152N 890,193 491.28 659,334 485.16 886,177 489.06 Income Nursing Homes/Assisted Living/ Board & Care/Other 5300 Elderly Care/Coop/Other Revenues 5300 - - - - - Financial Financial Revenue -Project Operations 5410 4,280 2.36 1,306 0.96 1,741 0.96 Revenue Revenue from Investments -Res. Receipts 5430 - - - - - 5400 Revenue from Investments -Rep. Reserve 5440 22,511 12.42 9,704 7.14 12,939 7.14 Revenue from Investments -Miscellaneous 5490 - - - - - Total Financial Revenue 5400T 4,280 2.36 1,306 0.96 1,741 0.96 Other Laundry and Vending Revenue 5910 7,344 4.05 5,355 3.94 7,344 4.05 Revenue Tenant Charges 5920 - - - - - 5900 Interest Reduction Payments Revenue 5945 - - - - Gifts (nonprofits) 5970 - - - - - Miscellaneous Revenue 5990 - - - - - Total Other Revenue 5900T 7,344 4.05 5,355 3.94 7,344 4.05 Total Revenue 5000T 901,817 497.69 665,995 490.06 895,262 494.07 Admin. Conventions and Meetings 6203 - - - - - Expenses Management Consultants 6204 - - - - - 6200/ Advertising and Marketing 6210 - - - - - 6300 Other Renting Expense 6250 - - - - - - Office Salaries 6310 28,983 16.00 16,851 12.40 36,444 20.11 Office Expenses 6311 17,961 9.91 26,151 19.24 18,859 10.41 Office or Model Apartment Rent 6312 - - - - - Management Fee 6320 57,190 31.56 43,631 32.11 62,546 34.52 Manager or Superintendent Salaries 6330 40,753 22.49 31,415 23.12 54,649 30.16 Administrative Rent Free Unit 6331 11,856 6.54 9,980 7.34 17,784 9.81 Legal Expenses - Project 6340 - - - - - - Audit Expenses 6350 1,555 0.86 - - 2,005 1.11 Bookkeeping Fees/Accounting Services 6351 1,483 0.82 545 0.40 1,933 1.07 Misc. Administrative Expenses 6390 7,970 4.40 9,900 7.28 18,200 10.04 Total Administrative Expenses 6263T 167,751 92.58 138,473 101.89 212,420 117.23 520/09 form -aJ0-92547-A Description of Account Acct. No Audited FYE 6/30/2008 Per Unit Month 151 / 12 Current 7/1/2008 3/31/2009 Per Unit Month 151 / 9 Budget 7/1/2009 6/30/2010 Per Unit Month 151 / 12 Utilities Fuel Oil/Coal 6420 - - - - - 6400 Electricity 6450 41,180 22.73 35,177 25.88 46,533 25.68 Water i 6451 31,689 17.49 29,882 21.99 39,843 21.99 Gas 6452 58,054 32.04 36,416 26.80 60,957 33.64 Sewer 6453 45,300 25.00 - - 47,565 26.25 Total Utilities Expense 6400T 176,223 97.25 101,475 74.67 194,898 107.56 Operating Payroll 6510 81,228 44.83 75,028 55.21 101,539 56.04 & Mainten Supplies 6515 36,723 20.27 25,619 18.85 26,900 14.85 Expenses Contracts 6520 161,765 89.27 134,116 98.69 117,180 64.67 6500 Operating & Maintenance Rent Free Unit 6521 - - - - - Garbage and Trash Removal 6525 12,850 7.09 9,847 7.25 13,786 7.61 SecurityPayroll/Contract 6530 25,360 14.00 20,549 15.12 26,628 14.70 Security Rent Free Unit 6531 - - - - - Heating/Cooling Repairs and Maintenance 6546 20,892 11.53 14,334 10.55 15,051 8.31 Snow Removal 6548 - - - - Vehicle & Maint. Equip. Oper. and Repairs 6570 - - - - - Misc. Operating and Maint. Expenses 6590 - - - - Total Operating & Maintenance Expenses 6500T 338,818 - 186.99 279,493 205.66 301,084 166.16 Taxes and Real Estate Taxes 6710 - - - - Insurance Payroll Taxes (Project's share) 6711 14,144 7.81 12,526 9.22 16,080 8.87 6700 Property and Liability Insurance (Hazard) 6720 32,384 17.87 25,143 18.50 35,118 19.38 Fidelity Bond Insurance 6721 - - - - Workmen's Compensation 6722 16,554 9.14 11,374 8.37 13,048 7.20 Health Insurance & Other Empl. Benefits 6723 27,848 15.37 23,336 17.17 35,415 19.54 Misc. Taxes, Licenses, Permits & Ins. 6790 731 0.40 1,452 1.07 1,902 1.05 Total Taxes & Insurance 6700T 91,661 50.59 73,831 54.33 101,563 56.05 Financial Interest on Mortgagee Payable 6820 - - - - - Expenses Interest on Notes Payable (Long Term) 6830 - - - - - 6800 Interest on Notes Payable (Short Term) 6840 - - - - Mortgage Insurance Premium/Svice Charge 6850 - - - - - Miscellaneous Financial Expenses 6890 - - - - Total Financial Expenses 6800T - - - - - Expenses Nursing Homes/Assisted Living/ Board & 6900 Care/Other Elderly Care/Coop/Other Expenses 6900 - - - - ' Total Cost of Operations 6000T 774,453 427.40 593,272 436.55 809,965 447.00 Replacement Reserves 120,000 66.23 90,000 66.23 84,000 46.36 Principal Payments Required - - - - - - Debt Service for other approved loans - - - - - Debt Service Reserve (if required) - - - - - - General Operating Reverve (Coops) - - - - - - Total Cash Requirements 894,453 493.63 683,272 502.78 893,965 493.36 Less Total Revenue 901,817 497.69 665,995 490.06 895,262 494.07 Net Cash Surplus (Deficiency) 7,364 4.06 (17,277) (12.71) 1,297 0.72 We hereby certify that a1 the information stated herein, as well as any information provided in the accompaniment herewith is, to the best or our knowledge, true and accurate. Signature Date Signature Date alkenberg/Gilliam & Associates, Inc. Managing Agents The Community Development Commission of the City of National City, Owners 520A9 2 form HU0.92547,A CAPITA1. IMPROVEMENT BUDGET Kimball "Power Install and replace property fencing Remove and replace water storage tanks Nutrition Center Repairs (Freezer, Kitchen Hood Repairs, and misc. repairs) Stove Replacement (300) Total $ 40,000 $ 75,000 $ 55,000 $ 90,000 $ 260,000 ATTACHMENT 3 MORGAN TOWERS 2009-2010 BUDGET NOTES SUMMARY The budget for- the fiscal year ending June 30; 2010 proposes a rent increase based on the HUD automatic Annual Adjustment Factor (AAF). This is the entire increase to which the building is entitled. Since the last rent increase was effective: lastyear, most:.expenses have increased, like electricity by 12.84% and insurance costs by 8.37%. The addittonal.costof upgrading:the building's old. HUD occupancy software into web -based software at $5,000 has also ; contributed to she building's .expenses: We will submit this rent increase package to CaQuadel and expect the rent increase -to beeffective:September 1, 2009. There are currently 4 Non -Section 8 tenants who may be affected by this rent -increase. 5120 RENTAL INCOME APARTMENTS: The proposed rents are as follows: Unit Type # Units Current Rents AAF Increase Proposed Rents 1 Bedroom 151 $635 $18 $653 1 Bedroom 1 Non -Revenue 5220 VACANCIES/APARTMENTS - Budgeted at 1 % of rents. 5410 FINANCIAL REVENUE — PROJECT OPERATIONS - Budgeted per audit. 5430 REVENUE FROM INVESTMENTS — RESIDUAL RECEIPTS - Budgeted per audit. This is a memo entry only; interest remains in the residual receipts account and is not used for operations. 5440 REVENUE FROM INVESTMENTS — REPLACEMENT RESERVE - Budgeted per audit. This is a memo entry only; interest remains in the reserve for'replacement account and is not used for operations. 5910 LAUNDRY AND VENDING - Budgeted per audit. 5990 MISCELLANEOUS REVENUE — Budgeted per audit. 6210 ADVERTISING/MARKETING — Budgeted per audit plus $450 for affirmative marketing advertising of rental units. 6310 OFFICE SALARIES - Budgeted per current plus 5% for office help, NelIy Espinoza, working 35 hours per week at $1,213 per month and for assistance with HUD paperwork at $630 per month. Budgeted additional amount for front line help with MOR Audits, additional paperwork assistance, and gross rent increase implementation. 6311 OFFICE EXPENSES - Budgeted per audit plus S% for telephone and Internet, office equipment and maintenance, traveling and training, copying and printing, office supplies, postage, tenant screening fees, etc. 6320 MANAGEMENT FEE - Budgeted a 0.25% increase to 4.50% of net rental income and laundry income. 6330 MANAGERS' SALARIES - Budgeted per current plus 5% for Naomi Jiles, Resident Manager, working 16 hours a week, earning $1,425 per month. Note that Resident Manager's salary is split between Morgan & Kimball Towers. Also budgeted for Assistant Manager, Rosa Flores, working 32 hours a week, earning $2,219 per month. Budgeted additional allowance for vacation, sick, and salary increase, if merited by performance. 6340 LEGAL EXPENSES (PROJECT) - Budgeted per audit plus $450 for project related expenses. 6350 AUDITING EXPENSES (PROJECT) - Budgeted per current plus $450 for annual audit, electronic submission and filing fees. Audit was high since it contained two years worth of audit expenses. 6351 BOOKKEEPING FEES/ACCOUNTING SERVICES- Budgeted for computer servicing, technical and software support plus $5,000 for required transition from old HUD Occupancy Software to web -based software, which includes licensing fee of $2,250, training fee, conversion and software support of $2,750. Prepared by Falkenberg/Gilliam & Associates, Inc. ■ Managing Agents 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena, CA 91109-7070 ■ (323) 258-3512 Morgan Towers 2009-2010 Budget Notes Page 2 6390 MISC. ADMINISTRATIVE EXPENSES - Budgeted per current for a service coordinator at $1,000 per month and for resident council expense at $100 per month. In addition, budget includes $5,000 for preparation of a Comprehensive Needs Assessment Report. Audit is low due to change in service coordinators. 6450 ELECTRICITY - Budgeted per audit plus 12.84%. Current rates are 12.84% higher than same period last year. 6451 WATER - Budgeted per current amount annualized plus 5%. 6452 GAS - Budgeted per audit plus 5%. 6453 SEWER - Budgeted per audit plus 5%. Current is low since the project has not received this year's sewer billings. 6510 PAYROLL - Budgeted per current plus 5% for Bill Tiles, Superintendent, working 19 hours a week at $1,815 per month. Note that Superintendent's salary is split between Morgan & Kimball Towers. Also budgeted for Philip Flores, Assistant Superintendent, working 37 hours per week at $2,588 per month and for Keyanue McCallon, Maintenance, working 40 hours per week at $2,947 per month. Budgeted additional amount for vacation, sick and salary increase, if merited by performance. 6515 SUPPLIES - Budgeted per audit plus 5% for cleaning and maintenance supplies, electrical parts, plumbing supplies, hardware and tools, painting supplies, uniforms, etc. 6520 CONTRACT - Budgeted per audit plus 5% for exterminating, elevator service, plumbing, electrical repairs, interior painting, window cleaning, water treatment, landscaping, gate and door repairs, etc. 6525 GARBAGE AND TRASH REMOVAL - Budgeted per audit plus 5%. 6530 SECURITY PAYROLL/CONTRACT - Budgeted per audit plus 5% for guard service, quarterly fire inspections, annual fire alarm monitoring, fire/sprinkler alarm repairs, and smoke detector installation/repairs. 6546 HEATING/COOLING REPAIRS - Budgeted per audit plus 5%. 6711 PAYROLL TAXES (FICA) - Budgeted at 7.65% of salaries for Social Security & Medicare and $224 for each employee for SUI/ETT taxes. 6720 PROPERTY AND LIABILITY INSURANCE - Budgeted per current premium of $33,973 plus 5%. 6722 WORKER'S COMPENSATION - Budgeted per audit plus 5%. 6723 HEALTH INSURANCE & OTHER EMPLOYEE BENEFITS - Budgeted per current expense plus 5% for health, dental and life insurance for 5 employees. Current monthly amount for each employee is $512.52 for health insurance, $5.49 for life insurance and $14.33 for dental insurance. In addition, budgeted for pension cost for all five employees, which is 5% of employee's base salary. Audit amount is low because of personnel vacancies. 6790 MISCELLANEOUS TAXES, LICENSES AND PERMITS - Budgeted per audit plus $450 for two elevator permits, generator permit fee, etc. 6820 INTEREST ON MORTGAGE PAYABLE - Budgeted per amortization schedule. 6850 MORTGAGE INSURANCE PREMIUM - Budgeted per amortization schedule. RESERVE FOR REPLACEMENTS DEPOSIT REQUIRED - Budgeted per current monthly rate of $3,127. PRINCIPAL PAYMENTS REQUIRED - Budgeted per amortization schedule. May 19, 2009 Prepared by Falkenberg/Gilliam & Associates, Inc. ■ Managing Agents 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena, CA 9110?-7070 ■ (323) 258-3512 1� Budget Worksheet Income and Expense Projection PROJECT NUMBER #129-38013-PB-WA-L8 FISCAL YEAR JULY 1, 2009 - JUNE 30, 2010 MORGAN TOWERS Description of Account Acct. No Audited FYE 6/30/2008 Per Unit Month 151 / 12 Current 7/1/2008 3/31/2009 Per Unit Month 151/ 9 Budget 7/1/2009 6/30/2010 Per Unit Month 151 / 12 Rental Rent Revenue - Gross Potential 5120 521,140 287.60 395,982 291.38 547,169 301.97 Income Tenant Assistance Payments 5121 600,631 331.47 458,658 337.50 , 630,631 348.03 5I00 Rent Revenue - Stores and Commercial 5140 - - - - Garage and Parking Spaces 5170 - - - - Flexible Subsidy Revenue 5180 - - - - Miscellaneous Rent Revenue 5190 - - - - Excess Rent (memo only) 5191 - - - - - Rent Revenue/Insurance 5192 - - - - Special Claims Revenue 5193 - - - - Retained Excess Income 5194 - - - - Total Rent Revenue Potential @100%Occupancy 5100T 1,121,771 619.08 854,640 628.87 1,177,800 650.00 Vacancies Apartments 5220 8,466 4.67 3,383 2.49 11,778 6.50 5200 Stores and Commercial 5240 - - - - Rental Concessions 5250 143 0.08 135 0.10 - Garage and Parking Spaces 5270 - - - - Miscellaneous 5290 - - - - Total Vacancies 5200T 8,609 4.75 3,518 2.59 11,778 6.50 Net Rental Revenue (Rent Rev. Less Vac.) 5152N 1,113,162 614.33 851,122 626.29 1,166,022 643.50 Income Nursing Homes/Assisted Living/ Board & Care/Other 5300 Elderly Care/Coop/Other Revenues 5300 - - - - Finanelal Financial Revenue -Project Operations 5410 271 0.15 211 0.16 271 0.15 Revenue Revenue from Investments -Res. Receipts 5430 4,475 2.47 2,721 2.00 4,475 2.47 5400 Revenue from Investments -Rep. Reserve 5440 15,526 8.57 6,258 4.60 15,526 8.57 Revenue from Investments -Miscellaneous 5490 - - - - - Total Financial Revenue 5400T 271 0.15 211 0.16 271 0.15 Other Laundry and Vending Revenue 5910 7,764 4.28 5,513 4.06 7,764 4.28 Revenue Tenant Charges 5920 - - - - - - 5900 Interest Reduction Payments Revenue 5945 - - - - - Gifts (nonprofits) 5970 - - - - Miscellaneous Revenue 5990 200 0.11 50 0.04 200 0.11 Total Other Revenue 5900T 7,964 4.40 5,563 4.09 7,964 4.40 Total Revenue 5000T 1,121,397 618.87 856,896 630.53 1,174,257 648.04 Admin. Conventions and Meetings 6203 - - - - Expenses Management Consultants 6204 - - - - 6200/ Advertising and Marketing 6210 583 0.32 - - 1,033 0.57 6300 Other Renting Expense 6250 - - - - - - Office Salaries 6310 7,978 4.40 7,996 5.88 24,301 13.41 Office Expenses 6311 18,868 10.41 11,850 8.72 19,811 10.93 Office or Model Apartment Rent 6312 - - - - Management Fee 6320 44,910 24.78 34,263 25.21 52,820 29.15 Manager or Superintendent Salaries 6330 38,225 21.10 33,993 25.01 49,408 27.27 Administrative Rent Free Unit 6331 - - - - - Legal Expenses - Project 6340 635 0.35 465 0.34 1,085 0.60 Audit Expenses 6350 17,235 9.51 8,725 6.42 9,175 5.06 Bookkeeping Fees/Accounting Services 6351 563 0.31 375 0.28 5,563 3.07 Misc. Administrative Expenses 6390 7,800 4.30 9,900 7.28 18,200 10.04 Total Administrative Expenses 6263T 136,797 75.50 107,567_ 79.15 181,396 100.11 5/10WD9 loan HUD-92547-A Description of Account Acct. No Audited FYE 6/30/2008 Per Unit Month 151 / 12 Current 7/1/2008 3/31/2009 Per Unit Month 151/ 9 Budget 7/1/2009 6/30/2010 Per Unit Month 151 / 12 Utilities Fuel Oil/Coal 6420 - - - - - 6400 Electricity 6450 37,896 20.91 33,839 24.90 42,762 23.60 Water 6451 24,505 13.52 18,515 13.62 25,921 14.31 Gas 6452 37,990 20.97 28,581 21.03 39,890 22.01_ 26.42 Sewer 6453 45,600 25.17 - 47,880 Total Utilities Expense 6400T 145,991 80.57 80,935 59.55 156,453 86.34 Operating Payroll 6510 84,671 46.73 69,982 51.50 98,108 54.14 & Mainten Supplies 6515 32,354 17.86 23,537 I7.32 33,972 18.75 Expenses Contracts 6520 114,025 62.93 101,106 74.40 119,726 66.07 6500 Operating & Maintenance Rent Free Unit 6521 - - - - Garbage and Trash Removal 6525 13,956 7.70 10,192 7.50 14,654 8.09 Security Payroll/Contract 6530 30,806 17.00 21,840 16.07 32,346 17.85 Security Rent Free Unit 6531 - - - - - - Heating/Cooling Repairs and Maintenance 6546 17,042 9.41 16,335 12.02 17,894 9.88 Snow Removal 6548 - - - - Vehicle & Maint. Equip. Oper. and Repairs 6570 - - - - - Misc. Operating and Maint. Expenses 6590 - - - - Total Operating & Maintenance Expenses 6500T 292,854 161.62 242,992 178.80 316,700 174.78 Taxes and Real Estate Taxes 6710 - - - - Insurance Payroll Taxes (Project's share) 6711 12,117 6.69 10,389 7.64 13,798 7.61 6700 Property and Liability Insurance (Hazard) 6720 32,917 18.17 24,957 18.36 35,672 19.69 Fidelity Bond Insurance 6721 - - - - Workmen's Compensation 6722 15,101 8.33 11,116 8.18 15,856 8.75 Health Insurance & Other Erupt. Benefits 6723 18,211 10.05 20,422 15.03 40,861 22.55 Misc. Taxes, Licenses, Permits & Ins. 6790 731 0.40 694 0.51 1,181 0.65 Total Taxes & Insurance 6700T 79,077 43.64 67,578 49.73 107,368 59.25 Financial Interest on Mortgage Payable 6820 191,470 105.67 136,233 100.25 168,132 92.79 Expenses Interest on Notes Payable (Long Term) 6830 - - - - - 6800 Interest on Notes Payable (Short Term) 6840 - - - - Mortgage Insurance Premium/Svice Charge 6850 14,654 8.09 10,956 8.06 12,692 7.00 Miscellaneous Financial Expenses 6890 - - - - Total Financial Expenses 6800T 206,124 113.75 147,189 108.31 180,824 99.79 Expenses Nursing Homes/Assisted Living/ Board & 6900 Care/Other Elderly Care/Coop/Other Expenses 6900 - - - - Total Cost of Operations 6000T 860,843 475.08 646,261 475.54 942,741 520.28 Reserve for Replacements Dep. Required 37,524 20.71 28,143 20.71 37,524 20.71 Principal Payments Required 168,586 93.04 133,809 98.46 191,924 105.92 Debt Service for other approved loans - - - - - - Debt Service Reserve (if required) - - - - - - General Operating Reserve (Coops) - - - - - - Total Cash Requirements 1,066,953 588.83 808,213 594.71 1,172,189 646.90 Less Total Revenue 1,121,397 618.87 856,896 630.53 1,174,257 648.04 Net Cash Surplus (Deficiency) 54,444 30.05 _ 48,683 35.82 2,068 1.14 We hereby certify that al the information stated herein, as wel as any information provided in the accompaniment herewith is, to the best of ow knowledge, true and accurate. Signature e�Gt liam & Associates, Inc., Managing Agents The CommunityDevelopment Commission of the Cityof National City, Owners � ag 8 8 tan ty, Date Signature Date 5/19/09 S` 'Oct 2 torn HUD-92547-A CAPITAL IMPROVEMENT BUDGET Morgan "lower Morgan Tower stairwell concrete repair $ 40,000 Install and replace property fencing $ 40,000 Nutrition Center Repairs (Freezer, Kitchen Hood Repairs, and misc. repairs) $ 55,000 Stove Replacement (300) $ 90,000 Total $ 225,000 Community Development Commission City of National City AGENDA STATEMENT rw1EETING DATE June 16, 2009 AGENDA ITEM NO. 37 ITEM TITLE Resolution of the Community Development Commission (CDC) of the City of National City appropriating $92,000.00 from Tax Increment Undesignated fund balance to the Highland Avenue Resurfacing Phase II project. (Funded by Tax Increment Fund) PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583 EXPLANATION During the mid -year budget adjustments funds were released from this project. During the final reconciliation of the project it was noted that a portion of the funds were still needed for this project. The Notice of Completion the project is on the City Council Agenda tonight. The purpose of this resolution is to authorize the budget transfer to pay outstanding invoices and to balance the expenditure account. Environmental Review X N/A MIS Approval Financial Statement Approved By: ./ w J Finance Director Funds are available in account 511-2501 (Undesignated fund balance).4v 6, af finL, , 4 Gv,ruwk 5tt- 40 i- h-W - v1Q - (e,t6 7. Account No. STAFF RECOMMENDATION Ado r s,'esolutionr�/I A ' ' / COMMISSIO RECOMME N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution RESOLUTION NO. 2009 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROPRIATING $92,000 FROM THE TAX INCREMENT UNDESIGNATED FUND BALANCE TO THE HIGHLAND AVENUE RESURFACING PHASE II PROJECT WHEREAS, during the mid -year budget adjustments, funds were released from the Highland Avenue Resurfacing Phase II Project ("Project"); and WHEREAS, the final reconciliation of the Project noted that a portion of the funds were still needed; and WHEREAS, an appropriation in the amount of $90,000 is requested from the Tax Increment Undesignated Fund Balance to the Highland Avenue Resurfacing Phase II Project for the payment of outstanding invoices, and to balance the expenditure account. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves an appropriation in the amount of $92,000 from the Tax Increment Undesignated Fund Balance to the Highland Avenue Resurfacing Phase II Project for the payment of outstanding invoices, and to balance the expenditure account. PASSED and ADOPTED this 2nd day of June, 2009. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE June 16, 2009 AGENDA ITEM NO. 38 ITEM TITLE A resolution approving an Agreement with Keyser Marston Associates, Inc. to provide as -needed economic consulting services not to exceed $75,000 for fiscal year 2009-2010. PREPARED BY DEPARTMENT Patricia Beard (ext 4255) s� Redevelopment Divisio Redevelopment Manager EXPLANATION Keyser Marston Associates is a highly qualified economic and redevelopment consultant with offices in San Diego and other cities throughout the state. CDC has used the firm for a number of years to assist with project analysis as required under California Health and Safety Code 33433 prior to consideration of a Development and Disposition Agreement ("DDA") for a private development and has also utilized their services regarding land use reconfiguration and fair share discussions with the Port of San Diego as well as recruitment of a tenant to the 401 Mile of Cars Way building. Developer deposits pay for analysis required for redevelopment projects and tax increment is used to pay for services related to strategic efforts of the CDC, such as Port negotiations. Staff continues to be extremely pleased with the quality, cost and timeliness of services provided and requests the CDC to retain Keyser Marston for fiscal year 2009-2010. Environmental Review Not applicable. Financial Statement The Agreement would allow services not to exceed $75,000 for fiscal year 2009-2010. Services related to private redevelopment projects are generally paid for by developer deposits, with the exception of affordable housing projects which are sometimes analyzed using local 20-percent low -moderate housing funds. l STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL 2) Achieve fiscal sustainability. J ATTACHMENTS 1. Proposed Agreement Resolution No. RESOLUTION NO. 2009 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT IN THE NOT -TO -EXCEED AMOUNT OF $75,000 WITH KEYSER MARSTON ASSOCIATES, INC., FOR ECONOMIC CONSULTING SERVICES RELATED TO THE NATIONAL CITY REDEVELOPMENT PROJECT WHEREAS, the Community Development Commission (CDC) requires economic consulting services related to the Redevelopment Plan for the National City Redevelopment Project and the Five Year Implementation Plan 2005 -2009; and WHEREAS, Keyser Marston Associates, Inc., is a highly qualified economic and redevelopment consultant that has provided its services to numerous public entities throughout the State, including the CDC, for a number of years; and WHEREAS, staff continues to be extremely pleased with the quality, cost, and timeliness of services provided by Keyser Marston Associates, and recommends retaining them for the needed economic consulting services; and WHEREAS, due to the quality, cost, and timeliness of work provided to the CDC, it is desirable to retain the firm through June 30, 2011, for the not -to -exceed amount of $75,000. 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 Keyser Marston Associates, Inc., in the not -to -exceed amount of $75,000 for as -needed economic consulting services related to the National City Redevelopment Project. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of June, 2009. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND KEYSER MARSTON ASSOCIATES, INC THIS AGREEMENT is entered into this 16th day of June, 2009, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and KEYSER MARSTON ASSOCIATES, INC, an economic consultant (the "CONSULTANT'). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to provide economic consulting services related to the National City Redevelopment Project; and WHEREAS, the CDC has determined that the CONSULTANT is a economic consultant and is qualified by experience and ability to perform the services desired by the CDC, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CDC 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 CDC for such services, except as authorized in advance by the CDC. The CONSULTANT shall appear at meetings cited in Exhibit " A "to keep staff and City Council advised of the progress on the project. The CDC may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CDC and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CDC 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. Gerald Trimble 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 $75,000 (the Base amount) without prior written authorization from the Executive Director. 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 CDC. 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 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 CONSULTANT and the CDC 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 CDC or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT 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 CONSULTANT. 6. LENGTH OF AGREEMENT. This agreement shall be in affect until June 30, 2010. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, with the exception of computer models developed by CONSULTANT, 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. Computer models remain the exclusive property of the CONSULTANT. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CDC 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 CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CDC 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 CDC's purposes, and the CONSULTANT 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 CONSULTANT shall relieve the CONSULTANT from liability under Section 14 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 CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the 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, 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 CDC 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 CDC. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CDC wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CDC are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 3 Citys Standard Agreement - May 2008 revision 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 CDC 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 CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CDC otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CDC 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 CDC. 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. 4 Citys Standard Agreement — May 2008 revision 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 CDC. 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 CDC 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 Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, Toss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the 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 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 CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. E. 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 Toss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. 5 City's Standard Agreement — May 2008 revision F. 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. 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. 1. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not Tess than A VIll 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. 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 National City 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 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. K. 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 r/ 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. 1.10 6 City's Standard Agreement— May 2008 revision 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 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 CDC 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 CDC. 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 CDC, 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 Tess any damages caused the CDC by the CONSULTANT'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 CONSULTANT; (2) a reorganization of the CONSULTANT] for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CDC: To the CONSULTANT: Patricia Beard, Redevelopment Manager Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 Gerald M. Trimble, Managing Principal Keyser Marston Associates, Inc. 1660 Hotel Circle North, Suite 716 San Diego CA 92108 7 City's Standard Agreement - May 2008 revision Telephone 619-718-9500 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 CDC. 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 CDC 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 CDC in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CDC for all damages, costs or expenses the CDC 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. 8 Citys Standard Agreement - May 2008 revision 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 as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: Ron Morrison, Chairman KEYSER MARSTON ASSOCIATES, INC. (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) By: (Gerald M. Trimble) Managing Principal (Title) APPROVED AS TO FORM: By: (Paul Marra) George H. Eiser, III (Senior Principal) Legal Counsel 9 City's Standard Agreement — May 2008 revision KEYSER MARSTON ASSOCIATES, INC. PUBLIC SECTOR HOURLY RATES 2008/2009 A. JERRY KEYSER* $280.00 MANAGING PRINCIPALS. $280.00 SENIOR PRINCIPALS* $270.00 PRINCIPALS* $250.00 MANAGERS* $225.00 SENIOR ASSOCIATES $187.50 ASSOCIATES $167.50 SENIOR ANALYSTS $150.00 ANALYSTS $130.00 TECHNICAL STAFF $95.00 ADMINISTRATIVE STAFF $80.00 Directly related job expenses not included in the above rates are: auto mileage, air fares, hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data pro- cessing, graphics and printing. Directly related job expenses will be billed at 110% of cost. Monthly billings for staff time and expenses incurred during the period will be payable within thirty (30) days of invoice date. * Rates for individuals in these categories will be increased by 50% for time spent in court testimony. THIS. DOCUMENT HAS A TRUE DEFENSATM WATERMARK AND VISIBLE FIBERS DISCERNIBLE FROM BOTH SIDES 27863 BUSINESS LICENSE CERTIFICATE CITY OF NATIONAL- CI - 'PURSUANT TO CITY ORDINANCE -THIS LICENSE IS HEREBY GRANTED FOR THE TERM 8 PURPOSE STATED' TYPE OF BUSINESS T BUSINESS ADDRESS 55 PACIFIC AVENUE • •�J//pateof ExPiratlon 12/3• 1/2009 lA,a. 8 8t BUSINESS NAME : , KEYSER MARSTON ASSOCIATE A ATTN: MAILING 55 PACIFIC AVENUE MALL. ADDRESS SAN FRANCISCO, CA 94111-0000 . _. NON TRANSFERABLE POST IN A CONSPICUOUS PLACE Finance Director. THIS DOCUMENT IS ALTERATION PROTECTED AND REFLECTS FLUORESCENT FIBERS UNDER UV LIGHT 7 Re: Disclosure Regarding Pending Litigation In response to the proposed agreement with the Community Development Commission of the City of National City and Keyser Marston Associates, Inc., we are disclosing the following pursuant to paragraph 12.B of the agreement: Keyser Marston Associates, Inc. has been named in a lawsuit and is vigorously defending the claim. Keyser Marston and its counsel regard the claim as having no merit. Further, Keyser Marston and its counsel believe that this matter will not have an adverse effect on Keyser Marston's ability to fulfill any engagements resulting from agreement, or on its capacity to undertake future engagements. There have been no judgments against Keyser Marston Associates, Inc. in the past five years, nor is there any other pending or threatened litigation against the firm or its principals. ACORD, CERTIFICATE OF LIABILITY INSURANCE 11/10/2 8 i I °RODUCER (415) 957-0600 FAX: (415) 957-0577 Insurance Services Ilificense No. 0589960 44 Montgomery St., 17th Fl. San Francisco CA 94104 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THECOVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Keyser Marston Associates, Inc. 55 Pacific Avenue Mall San Francisco CA 94111 INSURER A: Hartford Casualty Ins . Co 29424 INSURER B: Republic Indemnity 22179 INsuRERc:National Union Fire Ins. 02351 INSURERD: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POL CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR IN TYPE OF INSURANCE POLICY NUMBER POUCY EFFECTIVE NV DATE { MDD/YY) POLICY EXPIRATION I DATE {MM/DDI(Y)N LIMITS A GENERAL X UABILITY COMMERCIAL GENERAL LIABILITY 57UUNUP0340 11/11/2008 11/11/2009 EACH OCCURRENCE S 1 , 000 , 000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 50,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 GENT PERSONAL IS A0V INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 AGGREGATE LIMIT APPUES PER: PRODUCTS - COMP/OP AGG $ 1,000,000 X POLICY n JECOT- 1I LOC A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS S BODILY INJURY (Per accident) S X PROPERTY DAMAGE (Per accident) S �X Ded Ded Coll $1000 GARAGE UABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG S A EXCESSAJMBRELLA LIABILITY 57RHUUN9941 11/11/2008 11/11/2009 EACH OCCURRENCE $ 4,000,000 X • X 1 OCCUR CLAIMS MADE AGGREGATE $ 4,000,000 DEDUCTIBLE RETENTION S 0 S S S B WORKERS COMPENSATION AND EMPLOYERS' LABILITY ANY PROPRIETOR/PARTNER/EXECUTNE OFFICER/MEMBEREXCLUDED? If yes. describe under SPECIAL PROVISIONS below 03954613 11/11/2008 11/11/2009 WC STATU- OTH- X TORY I IMITS ER E.L EACH ACCIDENT S 1,000,000 E.LDISEASE- EAEMPLOYEES 1,000,000 E.L. DISEASE - POLICY LIMIT S 1 , 000, 000 C OTHER professional Liability -Claims Made 945557975 Retro Date 10/05/1976 11/11/2008 11/11/2009 $1,000,000 Limit Each Act $2,000,000 Limit Aggregate $100,000 Retention Each Act DESCRIPTION OF OPERATIONS/LOCATIONSMEHICLESUEXCLUSIONS ADDED BY ENDORSEMENTUSPECIAL PROVISIONS Certificate Holder is included as Additional Insured as respects General Liability and Automobile Liability per attached endorsements. Re: Agreement to Provide"as needed" real estate economic advisory services. Policies constitute primary insurance as to certificate holder Workers Comp - a waiver of subrogation has been requested and will be added via endorsement. CERTIFICATE HOLDER CANCELLATION Community Development Commission City of National City, its officers, agents, and employees 140 E. 12th Street, Suite B National City, CA 91950-3312 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL XAMItYRiC C MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, WUXX XiIZGXr?Oili o>ia6X1XAb 12S C r iXrX1'A)fiiH4AKXXXXXXG AX AUTHORIZED REPRESENTATIVE Loretta Pearson/LPE ci zt�_ �¢ wa.ccyo az✓'�� ACORD 25 (2001/08) INS025 (0108).083 ti © ACORD CORPORATION 1988 Page lot 2 CG 20 10 10 01 Policy Number: 57UUNUP0340 Effective Date: 11/11/2008 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Community Development Commission of the City of National City, its officers, agents and employees It is understood and agreed that this insurance is primary and any other insurance maintained by the Additional Insured shall be excess only and not contributing with this insurance in regards to all operations as pertains to the named insured. (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). A. Section I1 — Who is An Insured is amended to include as an insured, the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insured(s), the following exclusion is added: 2. Exclusions: This insurance does not apply to "bodily injury" or "property damage" occurring after. CG20101001 (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. POLICY NUMBER: 57UUNUP0340 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Name of Person or Organization: Community Development Commission of the City of National City, its officers, agents and employees The person or organization shown in the Schedule is included as an insured, but only liable for the conduct of an "insured" and only to the extent of the liability. A. CANCELLATION 1. If we cancel the policy, we will mail or deliver notice to such person or organization in accordance with the Common Policy Conditions. 2. If you cancel the policy, we will mail or deliver notice to such person or organization. 3. Cancellation ends this agreement. BU1114 (1-93) Etp City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT �,► MEETING DATE June 16, 2009 AGENDA ITEM NO. 39 i ITEM TITLE A resolution approving an Agreement with RORE, Inc. for as - needed environmental consulting service not to exceed $250,000 until June 30, 2011. PREPARED BY P Patricia Beard (ext 4255) • Redevelopment Division Redevelopment Manager DEPARTMENT EXPLANATION RORE, Inc, a women-owned/minority-owned environmental engineering firm has provided as -needed consulting services to the CDC since they were selected as part of a competitive Request for Qualifications process in 2005. Staff continues to be extremely satisfied with the quality, cost and timeliness of services provided and would like to re-engage the firm for a two-year contract until June 30, 2011. RORE has assisted CDC with underground tank removal at the Public Works Yard, remediation and closure of the Marina Gateway hotel site, remediation and closure of the ACE Metals site and is currently assisting with the assessment of hazardous materials (burn ash) found on a site at Cleveland Ave and 23rd Street during Quonset hut demolition earlier this year. Most activities have been paid for through legal settlements and grant funds. The total amount paid to the firm since July 1, 2007 (the previous contract period) was $132,997. _.) Environmental Review Not applicable. Financial Statement The Agreement, if approved, would authorize staff to use services as needed up to a total of $250,000 over a two-year period. Most costs will be paid through developer deposits and grants however Tax Increment funding may be used where no outside sources can be identified. STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL 2d) Develop Marina Gateway; 5a) Implement Downtown Specific Plan. ATTACHMENTS 1. Proposed Agreement Resolution No. RESOLUTION NO. 2009 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT IN THE NOT -TO -EXCEED AMOUNT OF $250,000 WITH RORE, INC., FOR AS -NEEDED ENVIRONMENTAL CONSULTING RELATED TO THE NATIONAL CITY REDEVELOPMENT PROJECT WHEREAS, the Community Development Commission ("CDC") requires environmental consulting services related to the Redevelopment Plan for the National City Redevelopment Project and the Five Year Implementation Plan 2005-2009; and WHEREAS, a competitive Request for Qualifications process led to the selection of four highly qualified environmental consulting firms to serve in an as -needed capacity to the CDC for fiscal years 2005-2006 and 2006-2007; and WHEREAS, RORE, Inc., was among the selected firms that demonstrated their ability to provide said services to the CDC in a highly professional and economic manner; and WHEREAS, due to the quality, cost, and timeliness of work provided to the CDC, it is desirable to retain the firm through June 30, 2011, for the not -to -exceed amount of $250,000. 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 RORE, Inc., in the not -to -exceed amount of $250,000 for as -needed environmental consulting services related to the National City Redevelopment Project. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of June, 2009. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND RORE, INC. THIS AGREEMENT is entered into this 2nd day of June, 2009, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and RORE, (CONSULTANT"). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to provide as needed professional services related to the identification, analysis and remediation of environmental hazards throughout the National City Redevelopment Project area. WHEREAS, the CDC has determined that the CONSULTANT is an environmental professional and engineering firm qualified by experience and ability to perform the services desired by the CDC, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CDC 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 CDC for such services, except as authorized in advance by the CDC. The CONSULTANT shall appear at meetings cited in Exhibit "A"to keep staff and City Council advised of the progress on the project. The CDC may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CDC and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CDC 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. Gita Murthy, Ph.D. 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 $250,000 (the Base amount) without prior written authorization from the Executive Director. 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" and billed consistent with the fee schedule in Exhibit "B", as determined by the CDC. 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 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 CONSULTANT and the CDC 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 CDC or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT 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 CONSULTANT. 6. LENGTH OF AGREEMENT. This Agreement shall remain in effect until June 30, 2011. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, Models, Testing Reports, Studies and other documents prepared by the CONSULTANT, both paper and 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 CONSULTANT hereby assigns to the CDCandCONSULTANT 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 CONSULTANT shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CDC 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 CDC's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 NINO CDC's Standard Agreement — June 2008 revision Any modification or reuse by the CDC 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 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 CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the 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, 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 CDC 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 CDC. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CDC wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CDC are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily 3 CDC's Standard Agreement — June 2008 revision 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 CDC 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 CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CDC otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CDC for any increased costs that result from the CDC'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-DISCRIMINATIONPROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition.The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CDC 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 CDC. 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 CDC. In its performance hereunder, the 4 CDC's Standard Agreement - June 2008 revision CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CDC 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 Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, Toss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANTs negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of 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 CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. E. 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. F. 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. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years 5 CDC's Standard Agreement — June 2008 revision after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company 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. 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 National City 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 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. K. 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 bome 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 MA 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 CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. 6 CDC's Standard Agreement — June 2008 revision 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 CONSULTANT 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 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 CDC, 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 CDC by the CONSULTANT'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 CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CDC: To CONSULTANT: Brad Raulston Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 Gita Murthy, Ph.D. RORE, Inc. 5151 Shoreham Place, Ste 260 San Diego CA 92122 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because 7 CDC's Standard Agreement - June 2008 revision of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CDC. 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 CDC 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 CDC in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CDC for all damages, costs or expenses the CDC 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. 8 CDC's Standard Agreement - June 2008 revision H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 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 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 RORE. INC. OF THE CITY OF NATIONAL CITY By: Ron Morrison, Chairman APPROVED AS TO FORM: George H. Eiser, III Legal Counsel 9 (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship- one signature) By: Bv• Gita urthy) (Title) C--6-Z7 ame) GY ;rt SCcvcA--e-- (Title) J CDC's Standard Agreement - June 2008 revision EXHIBIT A Scope of Services for on -call services shall include professional services related to analysis and identification, creating remediation plans and achieving regulatory closure for sites as directed by the Community Development Commission (CDC) as well as providing consulting services as directed by CDC related to Environmental Policy, Brownfields efforts and Legislative analysis to assist the CDC in accomplishing its redevelopment goals. EXHIBIT "B" SCHEDULE OF FEES Effective January 1, 2009 HOURLY RATES FOR PROFESSIONALS Sr. Project Engineer/Geologist/Environmental Scientist $117.60 Project Engineer/Geologist/Environmental Scientist $1 14.50 Sr. Staff Engineer $100 Certified Industrial Hygienist $150 Toxicologist/Risk Assessor $150 Field Site Superintendent $90 Sr. Environmental Technician $8.5 Staff Engineer $80 GIS Analyst $85 CADD Technician $75 Data Processing, Technical Editing $54 Field Technician $52 Expert Witness Testimony $350 Subcontractor's Ilandling Fees Actual Cost plus 15% NOTE: For field work, regular hourly rates are charged during normal weekday construction hours. Overtime rates at 1.5 times the regular rates will he charged for work performed beyond 40 hours per week and outside of normal hours and all day on Saturdays. Rates are 2 times the regular rates for all work in excess of 12 hours in one day or on Sundays and holidays. All rates provided above are non -prevailing wages. A two-hour minimum is charged for field visits by staff. Time spent in travel in the interest of the client will he charged at hourly rates, except that no more than 8 hours of travel time will he charged in any day. For Court appearances, presentations to regulatory boards or other special requests for testimony, a minimum of four hours time plus expenses will be charged for each individual. Preparation times for such appearances will be charged at the regular hourly rates. RORE, Inc. City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT �,.- MEETING DATE June 16, 2009 AGENDA ITEM NO. 40 ITEM TITLE A resolution approving an Agreement with GeoSyntech Consultants, Inc. for as -needed environmental consulting service not to exceed $250,000 until June 30, 2011. PREPARED BY ,) Q DEPARTMENT Patricia Beard (ext 4255) '' Redevelopment Divisi. n Redevelopment Manager EXPLANATION Geosyntech Consultants, Inc, a highly qualified environmental engineering firm has provided as -needed consulting services to the CDC since they were selected as part of a competitive Request for Qualifications process in 2005. Staff continues to be extremely satisfied with the quality, cost and timeliness of services provided and would like to re-engage the firm for a two-year contract until June 30, 2011. Geosyntech has assisted CDC with a Conceptual Remediation Plan for the Pacific Steel site on Cleveland Avenue and ongoing groundwater monitoring for Education Village, as well as providing expert advice on non -CDC sites throughout the City undergoing remediation activities, such as Thrifty Oil on Plaza Boulevard near Palm Avenue. Activities have been paid for through developer deposits and Tax Increment funds. The total amount paid to the firm since July 1, 2007 (the previous contract period) was $115,213. ( Environmental Review Not applicable. Financial Statement The Agreement, if approved, would authorize staff to use services as needed up to a total of $250,000 over a two-year period. Most costs will be paid through developer deposits and grants however Tax Increment funding may be used where no outside sources can be identified. STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL 7b) Invest in infrastructure and aging public facilities. ATTACHMENTS 1. Proposed Agreement Resolution No. RESOLUTION NO. 2009 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT IN THE NOT -TO -EXCEED AMOUNT OF $250,000 WITH GEOSYNTECH CONSULTANTS, INC., FOR AS -NEEDED ENVIRONMENTAL CONSULTING SERVICES RELATED TO THE NATIONAL CITY REDEVELOPMENT PROJECT WHEREAS, the Community Development Commission (CDC) requires environmental consulting services related to the Redevelopment Plan for the National City Redevelopment Project and the Five Year Implementation Plan 2005 -2009; and WHEREAS, a competitive Request for Qualifications process led to the selection of four highly qualified environmental consulting firms to serve in an as -needed capacity to the CDC for fiscal years 2005-2006 and 2006-2007; and WHEREAS, Geosyntech Consultants, Inc., was among the selected firms that demonstrated their ability to provide said services to the CDC in a highly professional and economic manner; and WHEREAS, due to the quality, cost, and timeliness of work provided to the CDC, it is desirable to retain the firm through June 30, 2011, for the not -to -exceed amount of $250,000. 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 Geosyntech Consultants, Inc., for the not -to -exceed amount of $250,000 for as - needed environmental consulting services related to the National City Redevelopment Project. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of June, 2009. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND GEOSYNTECH CONSULTANTS, INC. THIS AGREEMENT is entered into this 2nd day of June, 2009, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and GEOSYNTECH CONSULTANTS, INC, (CONSULTANT"). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to provide as needed professional services related to the identification, analysis and remediation of environmental hazards throughout the National City Redevelopment Project area. WHEREAS, the CDC has determined that the CONSULTANT is an environmental professional and engineering firm qualified by experience and ability to perform the services desired by the CDC, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CDC 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 CDC for such services, except as authorized in advance by the CDC. The CONSULTANT shall appear at meetings cited in Exhibit "A"to keep staff and City Council advised of the progress on the project. The CDC may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CDC and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CDC 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. Sam Williams, P.G.C. Hg. 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 $250,000 (the Base amount) without prior written authorization from the Executive Director. 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" and billed consistent with the fee schedule in Exhibit "B", as determined by the CDC. 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 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 CONSULTANT and the CDC 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 CDC or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT 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 CONSULTANT. 6. LENGTH OF AGREEMENT. This Agreement shall remain in effect until June 30, 2011. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, Models, Testing Reports, Studies and other documents prepared by the CONSULTANT, both paper and 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 CONSULTANT hereby assigns to the CDCandCONSULTANT 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 CONSULTANT shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CDC 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 CDC's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 CDC's Standard Agreement - June 2008 revision Any modification or reuse by the CDC 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 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 CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the 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, 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 CDC 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 CDC. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CDC wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CDC are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily 3 CDC's Standard Agreement — line 2008 revision 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 CDC 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 CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CDC otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CDC for any increased costs that result from the CDC'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-DISCRIMINATIONPROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition.The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CDC 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 CDC. 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 CDC. 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. 4 CDC's Standard Agreement - June 2008 revision CONSULTANT shall be liable to CDC 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 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 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 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 CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. E. 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. F. 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. 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. 5 CDC's Standard Agreement — June 2008 revision 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 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. 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 National City 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 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. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CDC. This limitation doesn't take into consideration a firm carrying higher than their minimum requirements and consequently a higher deductible (nor the costs associated with the price of insurance with such a low deductible). Our general liability deductible is $100 000, and our professional liability/pollution deducible is $250,000. 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 6 CDC's Standard Agreement — June 2008 revision 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 CDC 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 CDC. 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 CDC, 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 CDC by the CONSULTANT'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 CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CDC: To CONSULTANT: Brad Raulston Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 Sam Williams, P.G. C. Hg. Geosyntech Consultants, Inc. 10875 Rancho Bernardo Road, Ste 200 San Diego CA 92127 7 CDC's Standard Agreement - June 2008 revision 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 CDC. 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 CDC 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 CDC in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. 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 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 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. 8 CDC's Standard Agreement - June 2008 revision G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 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. COMMUNITY DEVELOPMENT COMMISSION GEOSYNTECH CONSULTANTS, INC. (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship - one signature) OF THE CITY OF NATIONAL CITY By: Ron Morrison, Chairman APPROVED AS TO FORM: George H. Eiser, III Legal Counsel 9 By: (Sam Williams) (Title) By: -- a. C V (Name) r Sangrat Executi e Vice President (Title) CDC's Standard Agreement - June 2008 revision I:XfitBIT A Scope of Services for on -call services shall include professional services related to analysis and identification, creating remediation plans and achieving regulatory closure for sites as directed by the Community Development Commission (CDC) as well as providing consulting services as directed by CDC related to Environmental Policy, Brownfields efforts and Legislative analysis to assist the CDC in accomplishing its redevelopment goals. EXHIBIT B GEOSYNTEC CONSULTANTS RATE SCHEDULE FOR COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY (UPDATED 20 MAY 2009) Professional Services Rate/Hour Staff Professional $ 95 Senior Staff Professional $1 10 Professional $123 Project Professional $139 Senior Professional $158 Associate $180 Principal $210 Field Services Engineering Technician Senior Engineering Technician Field Manager Site Manager Field Superintendent Design Support Services $ 61 $ 67 $ 73 $ 74 $ 74 Senior Drafter/Senior CADD Operator $ 108 Drafter/CADD Operator/Artist $ 94 Technical Word Processor $ 58 Administrative Assistant $ 58 Clerical $ 45 General Direct Expenses Subcontract Services Communications Fee Specialized Computer Applications (per hour) Personal Automobile (per mile) Photocopies (per page) Cost plus 0% Cost plus 10% 3% of Professional Fees $ 10 $ .485 $ .12 `r Rates are subject to annual adjustment based on mutual consent of the parties. Rates for field equipment, health and safety equipment, and graphical supplies presented upon request. TYPE OF BUSINESS 8 BUSINESS ADDRESS 108,75 RANCHO BERNARDO RD STE BUSINESS NAME ATTN: MAILING ADDRESS THIS DOCUMENT HAS A TRUE DEFENSATM WATERMARK ANn visiei.E FIREPs DISCFRNIRL F PROM BOTH SIDES • ; • I A ip I A BUSINESS LICENSE CERTIFICATE PURSUANT TO CITY ORDINANCE THIS LICENSE IS HEREBY GRANTED -FOR THE TtRIkii`PU.RPOSE STATED ate l'ExkkaijOil•-.12/31/2009 . - GEOSYNTEC CONSULTANTS 10875 RANCHO BERNARDO RDSTE 200' :SAN DIEGO, CA 92127-2146,.; NON TRANSFERABLE POST IN A CONSPICUOUS PLACE Fit6nceDjmetbr. THIS DOCUMENT IS ALTERATION PROTECTED AND REFLECTS FLUORESCENT FIBERS UNDER UV LIGHT MARSH PRODUCER Marsh USA Inc. 1560 Sawgrass Corp. Sunrise, FL 33323-2858 lirAttn Fax: 212-948-1306 S81127-ALL-CAS1-08-09 INSURED GEOSYNTEC CONSULTANTS, 5901 BROKEN SOUND SUITE 300 BOCA RATON, FL Pkwy, Suite / Contract.ReviewCSS@marsh.com PARKWAY CERTIFICATE #300 OF INSURANCE CERTIFICATE NUMBER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE COMPANY A Commerce And Industry Ins Co COMPANY B American International Specialty Lines Ins Co — — COMPANY C New Hampshire Insurance Company COMPANY D Insurance Company Of The State Of PA 33487-2775 INC. NW COVERAGES " - `This certificate supersedes and replaces' any previously issued certificate for the policy period noted below. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, 111E INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO I POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM1DDlYY) DATE (MM/DDlYYJ LIMITS A GENERAL LIABILITY GL4178618 09/01/08 09/01/09 GENERAL AGGREGATE _ $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ 2,000,000 — i CLAIMS MADE TX i OCCUR PERSONAL & ADV INJURY $ 1,000,000 OWNER'S b CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 ___ .____ FIRE DAMAGE (Any one Ere) $ 100,000 X SIR: 100,000 MED EXP (My one person) $ 25,000 A AUTOMOBILE LIABILITY CA5053937 (AOS) 09/01/08 09/01/09 COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO CA1955451 (MA) 09/01/08 09/01/09 ALL OWNED AUTOS BODILY INJURY $ _ SCHEDULED AUTOS (Per person) — X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) _..- ____ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - FA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONL Y. EACH ACCIDENT $ AGGREGATE $ B EXCESS LIABILITY UMB8085625EACH 09/01/08 09/01109 OCCURRENCE _.. __. $ 10,000,000 UMBRELLA FORM AGGREGATE $ _ 10,000,000 1 OTHER THAN UMBRELLA FORM SIR: $ 10,000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC5316329 (AOS) 09/01/08 09/01/09 X I TORY uMI1ERS I I ° ... __ --_- _ D WC5316329 (CA) 09/01/08 09/01/09 EL EACH ACCIDENT $ 1,000,000 THE PROPRIETOR/ X INCL EL DISEASE -POLICY 1 IMIT $ 1,000,000 PARTNERS/EXECUTIVE -- ---- - --- ------ ""` OFFICERS ARE: EXCI EL DISEASE -EACH EMPLOYEE $ 1,000,000 OTHER B Prof. Liability & 195-19-04 09/01/08 09/01/09 Each Claim / Aggregate 8,000,000 Contr. Poll. Liab. Ded: Each Claim 250,000 Claims Made Form DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POI ICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. TILE INSURER AFFORDING COVERAGE WILI ENDEAVOR TO MAIL _30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN BUT FAILURE TO MAIL SUCH NOTICE SIIAI I IMPOSE NO OR( RATION OR L TAUS ITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE 11 S AGENTS OR REPRESENTATIVES. OR 1111 ISSUER OF THIS CERTIFICATE AUTHORIZED REPRESENTATIVE or Marsh USA Inc. BY: MM1(3/02) VALID AS OF: ..,. MEETING DATE June 16, 2009 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT 41 AGENDA ITEM NO. i.- ... ITEM TITLE A resolution approving an Agreement with Ninyo + Moore, Inc. for as -needed environmental consulting service not to exceed $250,000 until June 30, 2011. PREPARED BY (,� Patricia Beard (ext 4255) `�'> Redevelopment Manager DEPARTMENT Redevelopment Divisi EXPLANATION Ninyo + Moore, Inc, a highly qualified environ =ntal engineering firm has provided as -needed consulting services to the CDC since they were selected as part of a competitive Request for Qualifications process in 2005. Staff continues to be extremely satisfied with the quality, cost and timeliness of services provided and would like to re- engage the firm for a two-year contract until June 30, 2011. Geosyntech has assisted CDC with a environmental investigations related to Habitat for Humanities projects on G Avenue and Harding Avenue, as well as investigations related to the Downtown Specific Plan. Activities have been paid for through developer deposits. The total amount paid to the firm since July 1, 2007 (the previous contract period) was $8,800. Environmental Review Not applicable. Financial Statement The Agreement, if approved, would authorize staff to use services as needed up to a total of $250,000 over a two-year period. Most costs will be paid through developer deposits and grants however Tax Increment funding may be used where no outside sources can be identified. r STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL 5a) Implement the Downtown Specific Plan, 7b) Invest in infrastructure and aging public facilities. 1 ATTACHMENTS 1. Proposed Agreement Resolution No. RESOLUTION NO. 2009 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY APPROVING AN AGREEMENT WITH NINYO & MOORE, INC., IN THE NOT -TO -EXCEED AMOUNT OF $250,000 FOR ENVIRONMENTAL CONSULTING SERVICES RELATED TO THE NATIONAL CITY REDEVELOPMENT PROJECT WHEREAS, the Community Development Commission (CDC) requires environmental consulting services related to the Redevelopment Plan for the National City Redevelopment Project and the Five Year Implementation Plan 2005 -2009; and WHEREAS, a competitive Request for Qualifications process led to the selection of four highly qualified environmental consulting firms to serve in an as -needed capacity to the CDC for fiscal years 2005-2006 and 2006-2007; and WHEREAS, Ninyo & Moore, Inc., was among the selected firms that demonstrated their ability to provide said services to the CDC in a highly professional and economic manner; and WHEREAS, due to the quality, cost, and timeliness of work provided to the CDC, it is desirable to retain the firm through June 30, 2011, for the not -to -exceed amount of $250,000. 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 Ninyo & Moore, Inc., in the not -to -exceed amount of $250,000 for as -needed environmental consulting services related to the National City Redevelopment Project. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of June, 2009. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND NINYO AND MOORE, INC. THIS AGREEMENT is entered into this 2nd day of June, 2009, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and NINYO AND MOORE, INC, (CONSULTANT"). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to provide as needed professional services related to the identification, analysis and remediation of environmental hazards throughout the National City Redevelopment Project area. WHEREAS, the CDC has determined that the CONSULTANT is an environmental professional and engineering firm qualified by experience and ability to perform the services desired by the CDC, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CDC 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 CDC for such services, except as authorized in advance by the CDC. The CONSULTANT shall appear at meetings cited in Exhibit "A"to keep staff and City Council advised of the progress on the project. The CDC may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CDC and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CDC 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. Stephan A. Beck CEG, HG, REA 11 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 $250,000 (the Base amount) without prior written authorization from the Executive Director. 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" and billed consistent with the fee schedule in Exhibit "B", as determined by the CDC. 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 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 CONSULTANT and the CDC 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 CDC or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT 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 CONSULTANT. 6. LENGTH OF AGREEMENT. This Agreement shall remain in effect until June 30, 2011. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, Models, Testing Reports, Studies and other documents prepared by the CONSULTANT, both paper and 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 CONSULTANT hereby assigns to the CDCandCONSULTANT 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 CONSULTANT shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CDC 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 CDC's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 CDC's Standard Agreement — June 2008 revision Any modification or reuse by the CDC 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 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 CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the 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, 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 CDC 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 CDC. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CDC wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CDC are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily 3 CDC's Standard Agreement — June 2008 revision 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 CDC 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 CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CDC otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CDC for any increased costs that result from the CDC'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-DISCRIMINATIONPROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition.The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CDC 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 CDC. 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 CDC. In its performance hereunder, the 4 CDC's Standard Agreement — June 2008 revision CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CDC 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 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 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 Govemment 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 CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. E. 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. F. 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. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years 5 CDC's Standard Agreement - June 2008 revision after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company 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. 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 National City 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 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. K. 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 CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. 6 CDC's Standard Agreement - June 2008 revision 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 CONSULTANT 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 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 CDC, 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 CDC by the CONSULTANT'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 CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CDC: To CONSULTANT: Brad Raulston Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 Stephan A. Beck, CEG, HG, REA II Ninyo and Moore, Inc. 5710 Ruffin Road San Diego CA 92123 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because 7 CDC's Standard Agreement - June 2008 revision of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CDC. 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 CDC 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 CDC in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CDC for all damages, costs or expenses the CDC 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. 8 CDC's Standard Agreement — June 2008 revision H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (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. COMMUNITY DEVELOPMENT COMMISSION NINYO & MOORE GEOTECHNICAL AND OF THE CITY OF NATIONAL CITY ENVIRONMENTAL CONSULTANTS (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship - one signature) By: Ron Morrison, Chairman APPROVED AS TO FORM: By: George H. Eiser, Ill (Stephan A. Beck) Legal Counsel (Title) 9 CDC's Standard Agreement - June 2008 revision EXHIBIT A Scope of Services for on -call services shall include professional services related to analysis and identification, creating remcdiation plans and achieving regulatory closure for sites as directed by the Community Development Commission (CDC) as well as providing consulting services as directed by CDC related to Environmental Policy, Brownfields efforts and Legislative analysis to assist the CDC in accomplishing its redevelopment goals. Cutnsnutiity Ihwclopmcnt Commission of National City HOURLY CHARGES FOR PERSONNEL Community Development Commission of the City of National City Environmental Consulting Services Project No. 106023 June 2, 2009 EXHIBIT B - SCHEDULE OF FEES Principal Engineer/Geologist/Environmental Scientist $ 154 Senior Engineer/Geologist/Environmental Scientist $ 148 Senior Project Engineer/Geologist/Environmental Scientist $ 145 Certified Asbestos Consultant $ 120 Project Engineer/Geologist/Environmental Scientist $ 142 Senior Staff Engineer/Geologist/Environmental Scientist $ 128 Staff Engineer/Geologist/Environmental Scientist $ 120 GIS Analyst $ 120 CSST1/LIA2RPM3 $ 110 Technical Illustrator/CAD Operator $ 78 Information Specialist $ 66 Data Processing, Technical Editing, or Reproduction $ 58 ENVIRONMENTAL FIELD EQUIPMENT/CONSUMABLES PID/FID Usage $ 120/day Air Sampling Cassettes $ 100 /case 4-Gas Monitor $ 95 /day Interface Probe Usage $ 80 /day Generator Usage $ 70 /day Hand Auger Kits $ 55 /day Level C Personal Protective Equipment (person/day [p/dj) $ 55 /p/d Air Sampling Pump Usage $ 45 /day Water Level Meter Usage $ 40 /day 60' Disposable Pump Usage $ 40 /day Conductivity/pH Meter Usage $ 30 /day Decontamination Kits $ 25 lea Level D Personal Protective Equipment (person/day [p/dj $ 25 /p/d Disposable Bailers $ 20 lea • Field Vehicle Usage $ 15 /day Brass/Stainless Steel Sampling Sleeves $ 5 /ea Mileage' $ .505 /mi OTHER CHARGES Expert Witness Testimony $ 300 /hr XRF Lead Analysis $ 250 /day Vapor Emission Kits $ 30 /kit Direct Project Expenses . Cost plus 15 % Laboratory testing, geophysical equipment, and other special equipment provided upon request. NOTES (Field Services) For field and laboratory technicians and special inspectors, regular hourly rates are charged during normal weekday construction hours. Overtime rates at 1.5 times the regular rates will be charged for work performed outside normal construction hours and all day on Saturdays and Sundays. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day or on holidays. Lead time for any requested service is 24 hours. Field Tech- nician rates are based on a 2-hour minimum. Special inspection rates are based on a 4-hour minimum for the first 4 hours and an 8-hour minimum for hours exceeding 4 hours. Field personnel are charged portal to portal. INVOICES Invoices will be submitted monthly and are due upon receipt. A service charge of 1.0 percent per month may be charged on accounts not paid within 30 days. 1. CSST = Certified Site Surveillance Technician 2. LPM = Lead Project Monitor 3. LIA = Lead Inspector/Assessor 4. Vehicle mileage charge will be adjusted to reflect the current Internal Revenue Service rate. 5710 Ruffin Road San Diego, California 92123 (858) 576-1000 1 /ffInyo&*owe Noir City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE June 16, 2009 AGENDA ITEM NO. 42 i-rITLE RESOLUTION APPROVING THE SECOND AMENDMENT TO THE EXCLUSIVE NEGOTIATION AGREEMENT ("ENA") BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND MARINA GATEWAY DEVELOPMENT COMPANY, LLC FOR TWO BLOCKS NORTH OF BAY MARINA DRIVE OWNED BY THE COMMUNITY DEVELOPMENT COMMISSION, TO EXTEND THE FIRST NEGOTIATION PERIOD UNDER THE ENA THROUGH JUNE 30, 2010. PREPARED BY p DEPARTMENT Patricia Beard, Redevelopment Manager Redevelopment Division Ext 4250 EXPLANATION On June 19, 2007 the Community Development Commission ("CDC") Marina Gateway Development Company, LLC ("MGDC") entered an Exclusive Negotiation Agreement ("ENA") to perform due diligence for development of two blocks owned by the CDC immediately north of the Marina Gateway Hotel site at Cleveland Ave and Bay Marina Drive as restaurants. On February 19, 2008, the CDC and MGDC entered into a Memorandum of Understanding and ENA amendment to jointly retain Buxton Community ID to market the site and identify potential tenants. The proposed Second Amendment would allow MGDC an additional year during which to identify tenants and submit plans for the project. Please see attached Background Report. Environmental Review Not applicable. Financial Statement MGDC has deposited $25,000 for use in economic analysis of their development proposal and in crafting a Development and Disposition Agreement for CDC consideration. Account No. 511-409-500-598-3937 `we % STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Background report 2. Proposed Agreement Resolution No. J 1 RESOLUTION NO. 2009 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY APPROVING THE SECOND AMENDMENT TO THE EXCLUSIVE NEGOTIATION AGREEMENT ("ENA") BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND MARINA GATEWAY DEVELOPMENT COMPANY, LLC FOR TWO BLOCKS NORTH OF BAY MARINA DRIVE OWNED BY THE COMMUNITY DEVELOPMENT COMMISSION, TO EXTEND THE FIRST NEGOTIATION PERIOD UNDER THE ENA THROUGH JUNE 30, 2010 WHEREAS, on June 19, 2007, the Community Development Commission of the City of National City (the "CDC") entered into an Exclusive Negotiation Agreement (the "ENA") with Marina Gateway Development Company, LLC (the "Developer") to develop APNs 559- 118-02, 559-117-04, 05, 06, 07, and 12, two blocks located on the north side of Bay Marina Drive (the "Site") to prospective users compatible with the nearby Marina Gateway Hotel and Commercial Project; and WHEREAS, on February 18, 2008, the CDC approved an extension to the ENA and a Memorandum of Understanding with the Developer to work cooperatively to recruit prospective users to the Site; and WHEREAS, the Developer has contributed $25,000 toward a marketing contract for the Site; and WHEREAS, the Developer is completing the Marina Gateway Hotel and Commercial Project including opening Buster's Beach House restaurant, and WHEREAS, the current economic downturn and the existence of blight on portions of the Site have militated against attracting prospective users to the Site; and WHEREAS, the Developer has proposed an Amendment to the ENA to extend the First Negotiation Period through June 30, 2010, to give the Developer additional time to generate interest in the Site by prospective users; and WHEREAS, the Developer has agreed in the proposed Amendment to the ENA to provide monthly written updates to staff and public updates to the CDC Board upon request from the Executive Director; and WHEREAS, a revised project description consistent with the Coastal Development Permit for the project has been prepared. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of National City hereby approves the Second Amendment to the Exclusive Negotiation Agreement by and between the Community Development Commission of the City of National City and Marina Gateway Development Company, LLC, for two blocks north of Bay Marina Drive owned by the Community Development Commission, to extend the First Negotiation Period through June 30, 2010. Said Second Amendment to the Exclusive Negotiation AGreement is on file in the office of the City Clerk. --- Signature Page to Follow --- Resolution No. 2009 — June 16, 2009 Page 2 PASSED and ADOPTED this 16th day of June, 2009. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney NS ATTACHMENT 1 BACKGROUND REPORT History of Agreements: On June 1, 2004 the CDC entered an ENA with MGDC to enter due diligence related to the ACE Metals site — 1.11 acres identified by APN # 559-118-02. On October 5, 2004 the ENA was amended to allow time to process a Local Coastal Program Amendment and to add a triangular sliver immediately east of the site abutting the Caltrans right of way resulting in an overall site of 1.58 acres. On October 3 2006 the CDC withdrew the Local Coastal Program Amendment which was being considered by the California Coastal Commission. The Working Waterfront coalition opposed the amendment, which allowed a housing project on the block immediately west of the ENA site. The Olson Company had proposed to develop the housing project, which was subsequently withdrawn because of the opposition. In 2007, MGDC requested to add the former "Olson" site — approximately 1.1 acres identified as APN# 559-117-04, 05, 06, 07, 12 to the ENA site to complete a larger project including two restaurants which could be developed under the existing zoning and Local Coastal Program designations. On June 19, 2007 the CDC entered into a new ENA to include both of the blocks owned by the CDC and to target restaurants for the sites. On February 19, 2008 the CDC approved an ENA Amendment to allow additional time and entered a Memorandum of Understanding under which MGDC and the CDC would each contribute $25,000 to retain Buxton Community ID to conduct a market study and restaurant recruitment. Said ENA Amendment will expire on June 19, 2009. ENA Amendment rationale and terms: In the five years since MGDC was originally awarded an ENA to develop additional retail operations to compliment the Marina Gateway Hotel and Commercial project, no development proposal has been received by staff. MGDC has stated that tenants were impossible to sign in advance of opening of the hotel and commercial project. Additionally the economic downturn experienced now for more than a year has made tenant recruitment even more difficult. MGDC was able to recruit and sign Buster's Beach House as the restaurant for the hotel site, a brand staff believes matches CDC's vision for the Harbor District. In order to give MGDC more time to generate interest in the site by prospective users, MGDC has requested an extension of the First Negotiation Period under the ENA through June 30, 2010. While staff is cautious based on five years during which no development proposal has been received from MGDC, it is believed there is merit to MGDC's explanation of the delay. MGDC has nearly completed development of the hotel and commercial project and has demonstrated that it is a strong partner for redevelopment of the Harbor District. Staff is asking the CDC to consider providing MGDC one additional year, a year when the Marina Gateway Hotel and Buster's will be open and operating, to identify tenants and submit a development proposal for these two blocks. Should a proposal not materialize, staff's current intention is not to recommend another such extension. The ENA Amendment for consideration will require MGDC to provide a written progress updates to staff on a monthly basis and will be required to present an update to the CDC Board at a public meeting upon request from the Executive Director. 1.0 JUNE 2009 AMENDMENT TO EXCLUSIVE NEGOTIATING AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND MARINA GATEWAY DEVELOPMENT COMPANY, LLC This AMENDMENT is entered into by the Community Development Commission of the City of National City, a public body, corporate, and politic (hereafter referred to as the "CDC"), and Marina Gateway Development Company, LLC, a California limited liability company (hereafter referred to as "Developer"), to extend the First Negotiation Period under the Exclusive Negotiating Agreement between the CDC and Developer. RECITALS WHEREAS, on June 19, 2007, the CDC entered into an EXCLUSIVE NEGOTIATING AGREEMENT with the DEVELOPER; and WHEREAS, the City and the DEVELOPER are working together to recruit two more restaurants to Marina Gateway; and WHEREAS, attracting and retaining businesses requires that the City and the DEVELOPER build a compelling case to meet the retailer's site selection criteria; and WHEREAS, on February 19, 2008, the CDC and Developer, entered into a Memorandum of Understanding (hereafter referred to as "MOU") for the purpose of designating the agencies responsible for payment of the Buxton Community ID marketing contract for $50,000, and for extending CDC's Exclusive Negotiating Agreement with the Developer; and WHEREAS, the Developer paid $25,000 toward the cost of CDC's $50,000 contract with Buxton Community ID; and WHEREAS, the CDC recognizes the DEVELOPER's investment and effort on the Marina Gateway Hotel Site, and that such investment increased the value of Sites A and B, and that DEVELOPER accepted great risk in such a project; and WHEREAS, in light of the foregoing recital, if the CDC and the Developer proceed to a DDA with Sites A and B, when the CDC determines the consideration to be paid by the Developer under the DDA, the Developer's risk and effort to create Marina Gateway may properly be considered by the CDC; and, WHEREAS, the serious current economic downturn, in addition to the dilapidated and blighted condition of the buildings on Site B (which the CDC is now remedying), have created additional factors militating against the Developer gaining interest from prospective users; and Page 1 of 3 MAY 2009 AMENDMENT TO THE CDC'S ENA WITH MGDC WI-IEREAS, the CDC agrees to extend the FIRST NEGOTIATION PERIOD under the EXCLUSIVE NEGOTIATING AGREEMENT for (i) Site A, Assessor Parcel Number 559-118- 02 and the adjacent property, roughly described as running from the southeast corner of the APN parcel, along the western edge of the Caltrans right of way, to the intersection of the projection of the centerline of McKinley Avenue; and then, along the centerline projection to the projection of the northern boundary of the Site; and then, along the northern boundary projection, to the northeast corner of the Site (APN 760-106-63), and (ii) Site B, Assessor Parcel Numbers 559- 117-04, 05, 06, 07, 12, 16, 17 in National City, (ENA for Sites A and B) with the DEVELOPER until June 30, 2010. NOW THEREFORE, in consideration of the above recitals and mutual covenants and conditions set forth herein, and for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Parties agree to the following: 1. The Recitals set forth above are true and correct, and fully incorporated and agreed to herein. 2. Specifically, the CDC agrees to extend the FIRST NEGOTIATION PERIOD under the EXCLUSIVE NEGOTIATING AGREEMENT for Sites A and B until June 30, 2010, and all other terms of the ENA shall remain the same, unless otherwise amended. 3. The DEVELOPER will provide written progress reports to the CDC staff every 30 days advising on progress and/or problems with the proposed development, and will present updates on the proposed development to the CDC Board at public meetings of the Board, as requested by the CDC's Executive Director. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 2 of 3 MAY 2009 AMENDMENT TO Ti IF. CDC'S ENA WITII MGDC 4. This AMENDMENT fully expresses the final and complete understanding of the CDC and the DEVEI..OPER concerning the matters covered therein. No change, alteration, or modification of the terms or conditions of this Amendment, and no verbal understanding, shall be valid unless made in writing and signed by each party's duly authorized representatives. All prior negotiations and agreements concerning the matters covered herein are merged into this Amendment. IN WITNESS WHEREOF, the CDC and DEVELOPER agree to abide by the terms of this Amendment, and hereby execute the same by and through their duly authorized representatives. Date: Approved as to form: DEVELOPER: Marina Gateway Development Company, LLC By Sycuan Tribal Development Corporation, Manager By Its By Its THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY Date: By Ron Morrison, Chairman Date: By Brad Raulston, Secretary Approved as to form: By George Eiser, City Attorney Page 3 of 3 MAY 2009 AMENDMENT TO TILE CDC'S ENA WITH MGDC COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California MEETING DATE June 16, 2009 AGENDA ITEM NO. 43 1'41.1.,- EM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ADOPTING A BUDGET FOR THE FISCAL YEAR 2009-2010 PREPARED BY Jeanette Ladri • • CPA DEPARTMENT Finance X4331 Finance Direct, EXPLANATION On May 26, 2009, the Community Development Commission of the City of National City considered the Preliminary Budget for the Fiscal Year 2009-2010 as presented and recommended by the Executive Director. State law requires the Budget be adopted before the start of the new fiscal year on July 1, 2009. Subsequent to the May 26th budget workshop, staff has updated the preliminary budget with some administrative corrections. The overall impact to the Tax Increment Fund is increase in expenditures of $7,670. The corrections to the CDBG fund were administrative only since the allocations are approved through HUD's public hearing process. The corrections are detailed in Attachment 1 and all corrections are reflected in the budget document. This action formally adopts the Budget for Fiscal Year 2009-2010 and it will be available on the City's website at www.nationalcityca.gov. Hard copies of the adopted budget will be available vithin the 2 weeks of July. Environmental Review Financial Statement Qk Account No STAFF RECOMMENDATION ADOPT the final budget for FY 2009-2010 for the Community Development Commission of the City of National City. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS Resolution No. 1. Resolution 2. Attachment 1 A-200 (9/80) RESOLUTION NO. 2009 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ADOPTING A BUDGET FOR THE FISCAL YEAR 2009-2010 WHEREAS, on May 26, 2009, the Executive Director of the Community Development Commission of the City of National City (CDC) submitted a recommended budget for the 2009-2010 fiscal year, which has been discussed and deliberated in public session; and WHEREAS, subsequent to the May 26, 2009 budget workshop, staff has updated the preliminary budget with some administrative corrections; and WHEREAS, the overall impact to the Tax Increment Fund is $ 7,670, and all the corrections are detailed in Attachment "1 ", and reflected in the budget document. NOW, THEREFORE, BE IT RESOLVED by the Community Development Commission of the City of National City that the budget for the fiscal year beginning July 1, 2009, with CDC expenditures totaling $ 25,832,336, is hereby approved, adopted, and appropriated. BE IT FURTHER RESOLVED that the fund appropriations set forth in the Projected Expenditures column of Exhibit "A" shall be the maximum expenditures authorized for those funds. The Executive Director is hereby authorized to make budgetary revisions within and between budget line items within a fund. BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to transfer monies up to the maximum set forth in the Transfers column in Exhibit "A". BE IT FURTHER RESOLVED that the Community Development Commission of the City of National City does hereby authorize, and approve the number and classification of employees in the respective functions, departments, and/or activities as set forth in the fiscal year 2009-2010 budget. PASSED and ADOPTED this 16th day of June, 2009. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney Department Account Preliminary Adopted Comments Police Police Fire Library Com Svcs Com Svcs Com Svcs Hsng & Grants Hsng & Grants Hsng & Grants Hsng & Grants Hsng & Grants Hsng & Grants Finance Finance Finance Finance Finance Finance Finance Redevelopment Redevelopment Redevelopment Redevelopment Redevelopment Redevelopment 301-411-000-099-0000 301-411-000-213-0000 301-412-125-268-0000 301-431-128-099-0000 301-441-000-099-0000 301-441-412-099-0000 301-441-414-099-0000 301-445-462-213-0000 505-445-462-213-0000 505-445-462-226-0000 505-445-462-258-0000 505-445-462-299-0000 505-445-462-301-0000 Total Housing 511-404-047-100-0000 511-404-047-101-0000 511-404-047-120-0000 511-404-047-140-0000 511-404-047-150-0000 511-404-047-160-0000 511-404-047-161-0000 511-445-460-101 511-445-460-140 511-445-460-150 511-445-460-151 511-445-460-160 511-445-460-161 $ $ Total CDBG $ $ and Grants $ Total Tax Increment 41,203.00 $ - $ 41,203.00 76,677.00 $ 83,130.00 $ 46,871130 $ 20,000.00 $ 29,102.00 $ 104,158.00 8,984.00 $ 8,355.00 126,864.00 $ 332,819.00 8,000.00 1,000.00 700.00 200.00 500.00 10,400.00 352,777.00 3,217.00 28,347.00 1,235.00 85,300.00 5,578.00 476,454.00 $ 10,000.00 $ 2,000.00 $ 2,500.00 $ 7,065.00 $ 1,000.00 $ 22,565.00 $ 1,652.00 $ 12,595.00 $ 195.00 $ 155.00 $ 1,924.00 $ 2,933.00 $ 210.00 $ 344,872.00 $ 3,151.00 $ 26,531.00 $ 1,110.00 $ 83,321.00 $ 5,475.00 $ 484,124.00 Impact on Fund of: $ (205,955.00) Impact on Fund of: $ (12,165.00) Impact on Fund of: $ (7,670.00) CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2009-2010 159 GENERAL PLAN UPDATE RESERVE 3999 Transfers from Other Funds 4A4 , FUND T4TAL: 261 CDC DEBT SERVICE FUND 3011 3300 3634 3999 Tax Increment Revenue Investment Earnings Miscellaneous Revenue Transfers From Other Funds '294 HUD HEALTHY HOMES GRANT 3498 Other Federal Grants 301 CDBG 3321 HILP Payments - Interest 3480 Federal Grants - CDBG 3481 Other Federal Grants 3483 Miscellaneous Revenue i502 SECTION 8 3402 Hap - Voucher Program 3403 Administrative Fees 3616 Fraud Recovery -Hap 3617 Fraud Recovery -Administrative Fees 3636 Refunds & Reimbursements 3999 Transfers From Other Funds 3600 Other Revenue - Portability 80% 3634 Miscellaneous Revenue 250,000 :250,t]llo 250,000 350,000 666,667 '666,667 11,766,428 12,182,310 11,919,367 12,182,310 (47,107) - - - 30,478 - - - 814,215 826,118 826,118 826,118 112,564,015; ' 13;008;428 ,r '12 745 48 ' 13 008 428' 277,222 MistMg 3,043,418 1,092,595 111,989 1,092,595 25,678 54'6748 , 1,107,495 lifneR 8,473,568 7,394,225 7,198,992 6,474,000 963,403 980,703 950,656 960,000 20,806 20,806 31,777 - 19,749 3,697 1,215,884 504 HOME IMPROVEMENT LOAN PROGRAM 3321 HILP Payments - Interest 3634 Miscellaneous Revenue '505 HOME 3321 HILP Payments - Interest 3481 Federal Grants 506 HOME LOAN PROGRAM 3321 Hilp Payments - Interest 3634 Miscellaneous Revenue 524,437 574,446 574,446 3,992 102 5,000 642,423 3 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2009-2010 511 TAX INCREMENT FUND 3300 Investment Earnings 3309 Rental Property Income 3321 Loan Interest 3463 Other State Grants 3498 Other Federal Grants 3606 Proceeds From Sales Of Land (Gain) 3634 Miscellaneous Revenue 3636 Refunds & Reimbursements 3999 Transfers From Other Funds 522 LOW AND MODERATE INCOME HOUSING 3011 Tax Increment Revenue 3300 Investment Earnings 3634 Miscellaneous Revenue 3699 Miscellaneous Grants 3999 Transfers From Other Funds 730,055 - 85,592 2,951 797,658 452,288- 1,817,980 8,915,568 10,237,788 802;0,92. , 8 _0,Nit $ 2,941,607 3,045,578 7,947 503,586 107,208 2,773 18,827 145,316 47,388 10,493 10,237,788 150,000 2,979,842 200,000 49,900 49,900 295 d 2 245 5 8, 3,045,578 200,000 4 Low & Moderate Income Housing Fund Low & Moderate Income Housing Fund Tax Increment Fund COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY FUND TRANSFERS DETAIL FISCAL YEAR 2009-10 CDC Debt Service Fund Section 8 Fund General Plan Update Fund Debt Service Funding Housing Assistance Subsidy General Plan 826,118 1,215,884 666,667 5 oct COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY EXPENDITURE SUMMARY BY OBJECT - ALL FUNDS FISCAL YEAR 2009-2010 • Nat 159 General Plan Revolving Fund 53,308: 1,000,000 261 CDC Debt Service Fund 0 6,379,013- 0 294 HUD Healthy Homes Grant Fund 25,678 0 0 301 Grant-C.D.B.G. 62,260 371,211 0 502 Section 8 Fund 837,244 7,812,640 0 505 HOME Fund 39,477 121,129 0 506 Home Loan Program Fund 0 531,650 0 511 Tax Incremental Fund: City Council City Clerk City Manager Finance City Attorney Development Services Human Resources Non -Departmental Community Development Department 1,162,563 994,150; 511 Tax Incremental Fund 2,381,286; 1,570,031 522 'Low/Mod'erate,t-loussiing Fund y 77,071 347,803 **NC om. 7i eTr. ,7 : Aefr..'.lk , di ' 14' 2, �i,.. .111 ` Percent Total 13.48% 70.32% 0.00% 0 23,100 101,455 0. 379,938 0 339,640 57,251 231,754 0 121,021 48,000 44,915 0. 0' 447,530 4' yf `ae'i L 0 0 0 466,199 0 0 0 0 0 0 46,336 0 1053,308: 6,379,013 25,678 899,670 8,696,220 160,606 531,650 0 0 0 23,100 0 0 0 101,455 0 0 0 379,938 0 0 0 396,891- 0 0 0 231,754 0, 0 0 169,021 0. 0 0 44,915 0 3,710,000 0 4,157,530 0 0 0 2,156,713 0; 3,710,000: 0 7,661,317; 0 0 i 0; 424,874 16.20% - 100.00% Personnel Services 13.48% Capital Improvements 16.20% Fiscal Year 2009-10 Expenditures By Object - All Funds Maintenance & Operation 70.32% J 6 CITY OF NATIONAL CITY SUMMARY OF FUNDED POSITIONS BY FUND FISCAL YEAR 2009-2010 iGeneral Plan Update Reserve Fund: Neighborhood Council Spec. Principal Planner Fyn 1 iptaF HUD Healthy Homes Grant Fun Housing Inspector II ;Lead Housing Inspector Community Development Block Grant: .Community Specialist II } Librarian I Neighborhood Council Coord. Neighborhood Council Spec. Recreation Aid - P/ T 'Recreation S•ec.- P/T Section 8 Fund. Community Development Manager Customer Service Clerk Executive Director Housin_g Assistant Housing Program Manager Housing Specialist Senior Housing Specialist Senior Office Assistant Trainin• Coordinator HOME Fund: Community Specialist I Communi S•ecialist II Tax Increment Fund: Accountant 511 1.00 301 301 301 __( 301 301 301 0.00 0.00 0.00 0.00 0.00 0.60 ....- 1.00 0.41 0.02 0.98 502 0.00 502 ' 1.00 502 0.00 502 _ 2.00 502 1.00 502 5.00 502 1.00 502 0.00 502 0.50 505 505 0.00 1 0.33 0.00 0.12 0.00 0.33 5 0.00 0.00 p.00 0.00 0.00 0.00 00 0.75 0.00 . 0.00 ___.__ Y0.00 0.00_ ___ 0.00 0.00 4. 0.50 0.00 I 0.00 0.00 3.00 1.00 3.38 1.00 1.00 0.46 0.00 0.00 0.00 Accounting Assistant Administrative Secretary Assistant City Manager 511 1.25 511 0.75 511 0.20 0.10 2.00 1.00 __________ 4.50 1.00 1.00 0.44 2.50 2.50 0.25 0.25 1.42 0.20 Assistant Civil Engineer 511 0.10 0.10 Associate Accountant 511 0.80 0.00 1.42 0.30 0.03 0.00 Associate Civil Engineer 511 0.15 0.15 Buyer 511 0.15 0.15 City Attorney 511 L 0.50 City Clerk 511 0.50 City Engineer 511 } 0.25 City Manager 511 1 0 50 Civil Engineering Technician 511 1 0.10 Conformance -1- 0.00 ;Community Development Coordinator I 511 1.00 Community Development Coordinator II 511 1.00 0.50 0.50 0.25 0.50 0.10 1.34 0.00 0.00 - - 0.15 0.15 0.50 _ 0.50 _ 0.25 0.50 ___.._.. 0.16 1.34 _...a 0.00 0.00 CITY OF NATIONAL CITY SUMMARY OF FUNDED POSITIONS BY FUND FISCAL YEAR 2009-2010 .tie Community Development Director Community Development Manager Community Development Specialist _........._.._._- Community Specialist I Community Specialist II 1Council Members Director of Finance Director of Planning Economic Development Intern Economic Development Receptionist Executive Assistant II Executive Asst III Executive Assistant IV Executive Director Executive Secretary Financial Services Officer Graduate Intern Graffiti Removal Assistant Graffiti Removal Technician Housing Inspector - PIT Housing Inspector I Housing Inspector II Human Resources Director Information Systems Technician I Lead Haz. Ctrl. Program Coordinator Lead Housing Inspector rManagement Analyst II _ 511 511 511 Budge 511 0.00 1.00 2.00 2.00 511 0.00 0.00 511 0.00 1.00 511 0.74 0.52 511 0.30 i 0.30 511 0.00 0.30 511 ; 1.00 0.00 511 f 1.50 0.00 511 0.52 0.22 511 0.30 _ 0.40 0.0_0 0.30 6. 1.00 - - 1.10 511 0.30 _ 0.30 511 0.00 1.00 511 1.00 0.67 511 1.00 0.67__ 511 0.00 0.00 511 0.00 1.00 511 [ 1.00 ~ 1.00 -t _511 0.12 _ -0.12 00 511 1.00 1.00 _ oapt��cl 0.00 1.00 2.00 0.50 0.00 0.00 0.30 0.00 0.00 0.00 0.22 _ _ 0.30 0.20 0.70 1.30 a 0.30 1.00 0.67 0.67 -1 1.00 v1 1.00 0.88 I 0.12 1.00 511 511 0.00 0.00 0.00 2.00 1.00 0.67 511 Management Ana yst III 511 Management Intern 511 Mayor 511 Neighborhood Council Spec. 511 Neighborhood Service Manager 511 Office Assistant 511 Principal Civil Engineer 511 Principal Planner Project Manager Project Manager - Redevelopment Purchasing Agent Purchasing Clerk Records Mgt. Officer Recreation Supervisor Redevelopment Manager Risk Manager Senior Civil Engineering Technician Senior Code Conformance Officer Senior Office Assistant Sr Economic Development Manager Sr. Asst. City Attorney 0.10 0.00 0.00 _ 0.05 0.00 0.00 0.37 0.00 511 0.00 511 1.00 1 0.15 0.15 0.15 0.66 0.75 0.53 0.00 1.00 0.00 0.25 i 0.25 0.00 ' 0.00 511 0.00 0.67 511 0.00 0.00 511 1.00 0.00 511 0.35 0.35 511 511 511 511 511 511 511 0.22 0.00 0.00 0.00 0.27 0.50 _ 0.06 0.00 0.00 0.33 0.67 0.00 0.37 0.37 0.15 0.20 1.00 0.67 0.00 0.00 0.00 0.00 0.15 0.00 0.66 0.00 0.00 0.25 0.03 0.67 0.05 0.00 0.40 8 CITY OF NATIONAL CITY SUMMARY OF FUNDED POSITIONS BY FUND FISCAL YEAR 2009-2010 Sr. Office Assistant - FT Stock Clerk/Storekeeper Traffic Engineer Tree Trimmer Undergraduate Intern `,FundTotal Low and Moderate Income Housing Fund: ;Community Development Manager Community Specialist I FundTota( ,o alkFu�ded Positions Net Change: 511 511 511 511 511 522 522 007-0 4 udget 5' p Buclm �t� r: Acl�iPP 0.50 0.50 0.00 0.00 0.00 0.07 0.30 0.30 0.05 1.00 0.00 0.00 1.00 2.00 1.00 28.44 33.19 28.61 � 0.00 0.00 0 00, 2.9.5.'ti 1.00 0.00 1.00 1.93 0.50 0.25 07, 9 EXHIBIT "A" CITY OF NATIONAL CITY BUDGET ANALYSIS BY FUND - ALL FUNDS, ADOPTED BUDGET FISCAL YEAR 2009-10 Number Fund Title 159 General Plan Update Reserve 261 CDC Debt Service Fund 294 Healthy Homes Grant 301 Grant - C.D.B.G 502 Section 8 505 HOME 506 Home Loan Program 511 Tax Increment Fund 522 Low & Moderate Income Housing and Balance Projected 07/01/2009 Revenue 528,448 (2,117,486) 12,182,310 0 25,678 (20,176) 1,107,495 1,538,723 7,434,000 1,624,237 642,423 2,742,775 5,000 15,371,699 150,000 9,900,863 3,245,578 TOTAL ALL FUNDS 29,569,083 24,792,484 • ,Interfund Projected ;ran'sfe's Expenditure 666,667 826,118 (200,131) 1,215,884 (666,667) (2,042,002) (200,131) Ft�nd'13alance' 6l301201,0 `vo 1,053,308 141,807 6,379,013 4,511,929 25,678 0 899,670 (12,482) 8,696,220 1,492,387 160,606 2,106,054 531,650 2,216,125 7,661,317 7,193,715 424,874 10,679,565 25,832,336 28,329,100 1 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT `,.AEETING DATE June 16, 2009 AGENDA ITEM NO. 44 ITEM TITLE REAL PROPERTY TRANSACTION FOR FORMER DAYS INN SITE; 1.07-ACRE PARCEL LOCATED AT 1640 EAST PLAZA BOULEVARD (A.P.N. 557-410-200) PREPARED BY George H. Eiser, Ill Ij DEPARTMENT City Attorney (Ext. 4221) EXPLANATION The purpose of this report is to update the CDC Board regarding staffs effort in negotiating the sale, including the price and terms of the payment, of the former Days Inn property, a 1.07-acre parcel located at 1640 East Plaza Boulevard, currently owned by the CDC. Executive Director Brad Raulston is the negotiator for the CDC, and the other negotiating party is The Mar Group. This is a companion item to the closed session item on the agenda. Environmental Review Financial Statement N/A N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Accept and file. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. N/A A-200 (9/99)