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2009 10-06 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 — October 6, 2009 — 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council and Community Development Commission (CDC) to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. ROLL CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espaiiol se proporciona durante sesiones del Consejo Municipal. Los audidfonos estan disponibles en el pasillo al principio de la junta. Council Requests That All CeII Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcityca.gov CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 10/6/2009 - Page 2 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. 1. Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of September 1, 2009. (City Clerk) 2. Approval of a motion to waive reading of the text of the Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 3. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of "No Stopping" signs along portions of Euclid Avenue between Plaza Boulevard and E. 8th Street to improve safety due to insufficient outside travel lane widths along most of the roadway segment. (TSC Item No. 2009-20) Engineering) 4. Resolution of the City Council of the City of National City accepting the work performed by Republic ITS, Inc. with the final amount of $442,984.50, authorizing the Mayor to sign the Final Contract Balance and Notice of Completion to be filed with the County Recorder for the National City Safe Routes to School Project, Spec. No. 06-05. (Funded by State Safe Routes to School Grant and the City's General Fund). (Engineering) 5. Resolution of the City Council of the City of National City awarding a contract in the amount of $66,000.00 to Palm Engineering Construction Company, Inc. for the National City Parks Rehabilitation and ADA Improvements Project (Phase 4), and authorizing the Mayor to execute the contract. (Funded through General Funds) (Development Services/Engineering) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 10/6/2009 - Page 3 CONSENT CALENDAR (Cont.) 6. Resolution of the City Council of the City of National City approving a contract agreement between the City and Southern California Soil & Testing for the not - to -exceed amount of $150,000 for a one year period to provide on -call geo- technical materials testing services for various Capital Improvement Projects and authorizing the Mayor to execute the Agreement. (Various Capital Improvement Project funds) (Development Services/Engineering Division) 7. Resolution of the City Council of the City of National City approving a contract agreement between the City and Project Partners for the not -to -exceed amount of $100,000 for a one year period to provide on -call professional engineering, financing, surveying, project/construction management and inspection services for various Capital Improvement Projects and authorizing the Mayor to execute the Agreement. (Various Capital Improvement Project funds) (Development Services/ Engineering Division) 8. Resolution of the City Council of the City of National City approving Amendment No. 5 to the Agreement with Rick Engineering Company in the amount not -to - exceed $53,400 for civil engineering support, surveying and staking services in conjunction with Marina Gateway Streetscape Project and authorizing the Mayor to execute the Agreement. (Funded by Tax Increment fund) (Development Services/Engineering Division) 9. Resolution of the City Council of the City of National City approving a contract agreement between the City and Wade & Associates for the not -to -exceed amount of $200,000 for a one year period to provide on -call professional engineering, financing, surveying project/construction management and inspection services for various Capital Improvement Projects and authorizing the Mayor to execute the Agreement. (Various Capital Improvement Project funds) (Development Services/Engineering Division) 10. Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into Memorandums of Understanding with the Sweetwater Union High School District and the National School District for joint funding of the School Resource Officer Program. The City of National City will be reimbursed a total of $202,841.59 for Police School Resource Officer services. (Police) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 10/6/2009 - Page 4 CONSENT CALENDAR (Cont.) 11. Resolution of the City Council of the City of National City amending Civil Service Rules I, II, and III in support of the creation of a Career Advancement Program. (Human Resources) 12. WARRANT REGISTER #9 Warrant Register #9 for the period of 08/26/09 through 09/01/09 in the amount of $1,644,564.17. (Finance) 13. WARRANT REGISTER #10 Warrant Register #10 for the period of 09/02/09 through 09/08/09 in the amount of $1,500,405.26. (Finance) PUBLIC HEARINGS 14. Public Hearing — Planning Commission recommended approval of an Amendment to the National City Downtown Specific Plan to allow Extended - Stay Hotel uses within the Development Zone 5B where mixed -use residential uses are currently permitted and recommended approval of an Addendum to the Certified Program Environmental Impact Report for the Downtown Specific Plan and recommended filing of a Notice of Determination 3403 E. Plaza Blvd. (Applicant: Constellation Property Group) (Case File 2008-53 SPA) **Companion Item #20** 15. Public Hearing - Ordinance of the City Council of the City of National City amending the Redevelopment Plan for the National City Redevelopment Project to extend, with respect to certain constituent project areas, the deadlines for effectiveness and the deadlines to repay indebtedness or receive property taxes pursuant to Senate Bill 1096, as codified in Health and Safety Code Section 33333.6(e). (Community Development) **Companion Item #16** CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 10/6/2009 - Page 5 ORDINANCE FOR INTRODUCTION 16. Ordinance of the City Council of the City of National City amending the Redevelopment Plan for the National City Redevelopment Project to extend, with respect to certain constituent project areas, the deadlines for effectiveness and the deadlines to repay indebtedness or receive property taxes pursuant to Senate Bill 1096, as codified in Health and Safety Code Section 33333.6(e). (City Attorney) **Companion Item #15** ORDINANCES FOR ADOPTION 17. An Ordinance of the City Council of the City of National City amending Sections 3, 4 and 5 of Ordinance No. 1619, Section 5 of Ordinance No. 1829, and Section 5 of Ordinance No, 91-2012, pertaining to the Committee for Housing and Community Development. (City Attorney) 18. An Ordinance of the City Council of the City of National City amending Chapter 2.28 of the National City Municipal Code by adding Section 2.28.015 thereto, pertaining to the Planning Commission functioning as the Committee for Housing and Community Development. (City Attorney) 19. An Ordinance of the City Council of the City of National City amending Title 15.04 of the National City Municipal Code pertaining to the City Council's authority to approve alternate materials and methods of construction, consider appeals, and make interpretations under Title 15 of the Municipal Code; and dissolving the Advisory and Appeals Board. (City Attorney) NON CONSENT RESOLUTION 20. Resolution of the City Council of the City of National City approving an Amendment to the National City Downtown Specific Plan to allow Extended - Stay Hotel uses within the Development Zone 5B where mixed -use residential uses are currently permitted, an Addendum to the Certified Program Environmental Impact Report for the Downtown Specific Plan, and the filing of a Notice of Determination 3403 E. Plaza Blvd. (Applicant: Constellation Property Group) (Case File 2008-53 SPA) (Development Services/Planning Division) **Companion Item #14** CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 10/6/2009 - Page 6 NEW BUSINESS 21. Temporary Use Permit — Health & Wellness Fair (Thanksgiving Fair) hosted by Paradise Valley Hospital and the National City Times on November 11, 2009 from 10 a.m. to 4 p.m. at the Paradise Valley Hospital employee parking grounds with no waiver of fees. The applicant has requested the City to co- sponsor this event. (Neighborhood Services Division) 22. Notice of Decision — Planning Commission approval of a minor Conditional Use Permit to allow a second-hand store within an existing commercial development located at 3126 E. Plaza Boulevard, Suite A. (Applicant: Maria Nix) (Case File 2009-17 CUP) (Development Services/Planning) 23. Notice of Decision - Planning Commission approval of a minor Conditional Use Permit application to allow a precious metal purchasing within a kiosk at Westfield Plaza Bonita located at 3030 Plaza Bonita Road. (Applicant: Goldrush CA LLC, Cash for Gold) (Case File 2009-16 CUP) (Development Services/Planning) 24. Notice of Decision - Planning Commission approval of a minor Conditional Use Permit application to allow a music studio within an existing commercial development located at 3403 E. Plaza Blvd. (Applicant: Rowie Messina) (Case File 2009-19 CUP) (Development Services/Planning) 25. Notice of Decision — Planning Commission approval of a Conditional Use Permit application for the sale of alcohol at Red Robin Restaurant at Westfield Plaza Bonita at 3030 Plaza Bonita Road. (Applicant: Red Robin International - Tyson Boiko) (Case File 2009-13 CUP) (Development Services/Planning) 26. Notice of Decision — Planning Commission modification of a Conditional Use Permit approving the expansion of McDinni's restaurant with reduced parking and denying increased hours for live entertainment and proposed stage area at an existing restaurant at 105 East 8th Street. (Applicant: Paris Hagman) (Case File 2009-10 CUP) (Development Services/Planning) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 10/6/2009 - Page 7 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 27. Authorize the reimbursement of Community Development Commission expenditures in the amount of $779,464.59 to the City of National City for the period of 08/26/09 through 09/01/09. (Finance) 28. Authorize the reimbursement of Community Development Commission expenditures in the amount of $98,898.75 to the City of National City for the period of 09/02/09 through 09/08/09. (Finance) STAFF REPORTS 29. San Diego's Point Loma Treatment Plant secondary treatment waiver re- application. (Public Works) 30. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Adjourned Regular City Council and Community Development Commission Meeting - Tuesday - October 13, 2009 - 6:00 p.m. - Council Chambers - National City. ITEM #1 10/6/2009 Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of September 1, 2009. (City Clerk) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption ITEM #2 10/6/09 It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title." ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT ,,,.EETING DATE October 6, 2009 AGENDA ITEM NO. 3 ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of "No Stopping" signs along portions of Euclid Avenue between Plaza Boulevard and E. 8th Street to improve safety due to insufficient outside travel lane widths along most of the roadway segment (TSC Item No. 2009-20) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X N/A Financial Statement N/A MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION • o •, t - Resolution. ?•/ , / COMMISSION RECOMMEDATION At their meeting on September 9, 2009 the Traffic Safety Committee approved the staff recommendation to install "No Stopping" signs along portions of Euclid Avenue between Plaza Boulevard and E. 8th Street to improve safety due to insufficient outside travel lane widths along most of the roadway segment. ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Staff Report to the Traffic Safety Committee (September 9, 2009) A-200 (Rev. 7/03) Explanation Based on calls from concerned residents, City Engineering and Public Works surveyed the segment of Euclid Avenue between Plaza Boulevard and E. 8th Street to determine if there is enough clearance to allow parking on the street. Given the travel speeds and traffic volumes it is recommended that a minimum outside travel lane of 19 feet (11 feet for thru traffic and 8 feet for parking) be provided if parking is to remain. The survey indicated that for most of this street segment, the outside travel lanes are too narrow to safely allow for parking. Portions of the street are already signed for "No Parking" or "No Stopping". Staff recommends installation of "No Stopping" signs along portions of Euclid Avenue between Plaza Boulevard and E. 8th Street to improve safety due to insufficient outside travel lane widths along most of the roadway segment. All work will be completed by the City Public Works Department. TSC 2009-20 RESOLUTION NO. 2009 — 231 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE THE INSTALLATION OF "NO STOPPING" SIGNS ALONG PORTIONS OF EUCLID AVENUE BETWEEN PLAZA BOULEVARD AND EAST 8TH STREET TO IMPROVE SAFETY DUE TO INSUFFICIENT OUTSIDE TRAVEL LANE WIDTHS ALONG MOST OF THE ROADWAY SEGMENT WHEREAS, based on calls from concerned residents, the Engineering and Public Works Departments surveyed the segment of Euclid Avenue between Plaza Boulevard and East 8th Street to determine if there is enough clearance to allow street parking; and WHEREAS, the survey indicated that for most of this street segment, the outside travel lanes are too narrow to safely allow for parking; and WHEREAS, staff recommends that "No Stopping" signs be installed along portions of Euclid Avenue between Plaza Boulevard and East 8th Street to improve safety due to insufficient outside travel lane widths along most of the roadway segment; and WHEREAS, at its meeting on September 9, 2009, the Traffic Safety Committee approved the staff's recommendation to install "No Stopping" signs along portions of Euclid Avenue between Plaza Boulevard and East 8th Street to improve safety. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to approve installation of "No Stopping" signs along portions of Euclid Avenue between Plaza Boulevard and East 8th Street to improve safety due to insufficient outside travel lane widths along most of the roadway segment. PASSED and ADOPTED this 6th day of October, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 5 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR SEPTEMBER 9, 2009 ITEM NO. 2009-20 ITEM TITLE: REQUEST FOR INSTALLATION OF "NO STOPPING" SIGNS ON EUCLID AVENUE BETWEEN PLAZA BOULEVARD AND E. 8TH STREET (BY CITY ON BEHALF OF CITIZENS) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Based on calls from concerned residents, City Engineering and Public Works surveyed the segment of Euclid Avenue between Plaza Boulevard and E. 8th Street to determine if there is enough clearance to allow parking on the street. Given the travel speeds and traffic volumes it is recommended that a minimum outside travel lane of 19 feet (11 feet for thru traffic and 8 feet for parking) be provided if parking is to remain. The survey indicated that for most of this street segment, the outside travel lanes are too narrow to safely allow for parking. Portions of the street are already signed for "No Parking" or "No Stopping". STAFF RECOMMENDATION: Staff recommends installation of "No Stopping" signs along portions of Euclid Avenue between Plaza Boulevard and E. 8th Street to improve safety due to insufficient outside travel lane widths along most of the roadway segment. EXHIBITS: 1. Location Map 2. Photos 2009-20 Location Map Southbound Euclid Avenue, north of Plaza Boulevard (looking south) Northbound Euclid Avenue, north of Plaza Boulevard (looking south) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 6, 2009 AGENDA ITEM NO. 4 /ITEM TITLE Resolution of the City Council of the City of National City accepting the work performed by Republic ITS, Inc. with the final amount of $442,984.50, authorizing the Mayor to sign the Final Contract Balance and Notice of Completion, to be filed with the County Recorder, for the National City Safe Routes to School Project, Spec. No. 06-05 (Funded by State Safe Routes to School Grant and City General Fund). PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 ?/01 EXPLANATION See attached. Environmental Review X N/A Financial Statement Project was funded through Account #'s: 323-409-500-598-6166 (State Safe Routes to School Grant) = $417,936.42 001-409-500-598-6166 (City General Fund) = $25,048.08 Account No MIS Approval STAFF RECOMME . _M ION Adopt the resoluti BOARD / CO 1 I, N RECOMMEDATION N/A Approved By: Finance Director ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Contract Final Balance 3. Notice of Completion A-200 (Rev. 7/03) Explanation On November 20, 2007, per Resolution No. 2007-255, City Council awarded a contract to Republic ITS in the amount of $314,760 for construction of the National City Safe Routes to School Project, Specification No. 06-05. Work included purchase and installation of in -roadway lighted crosswalk systems, flashing beacons, school zone signing and striping, and new sidewalk around seven schools in the City. On April 1, 2008, the City Engineer approved a contract change order in the amount of $3,400 to have the Contractor install an additional 340 SF of sidewalk. On October 21, 2008, per Resolution No. 2008-222, City Council approved a contract change order in the amount of $113,716 to have the Contractor furnish and install an additional in - roadway lighted crosswalk system, flashing beacons, and school zone signing and striping. On August 25, 2009, the City Engineer approved a contract change order in the amount of $1,320 to remove and replace sign poles for flashing beacon installations. Line item quantities for school zone signing and striping were adjusted based on field inspections to accurately reflect work completed. The total amount of line item extensions equals $9,788.50. The final contract balance equals $442,984.50. See attached Final Contract Balance for complete details. A final inspection of the Contractor's work was completed and closing documentation was submitted to the City for review. All documentation and work was found to be in accordance with the approved plans and specifications. The staff recommendation is to accept the work performed by Republic ITS by approving the final contract amount of $442,984.50, and signing the Final Contract Balance and Notice of Completion for the National City Safe Routes to School Project, Specification No. 06-05. RESOLUTION NO. 2009 — 231 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK PERFORMED BY REPUBLIC ITS, INC., AUTHORIZING THE MAYOR TO EXECUTE THE FINAL CONTRACT BALANCE CHANGE ORDER WITH THE FINAL CONTRACT AMOUNT OF $442,984.50, AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE COUNTY RECORDER FOR THE NATIONAL CITY SAFE ROUTES TO SCHOOL PROJECT BE IT RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by Republic ITS, Inc., for the National City Safe Routes to School Project has been completed, the City Council of National City hereby accepts said work, authorizes the Mayor to execute the final contract balance change order form with the final amount of $442,984.50, authorizes the filing of a Notice of Completion with the county recorder, and orders that payment for said work be made in accordance with said contract. PASSED and ADOPTED this 6th day of October, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney FINAL CONTRACT BALANCE DATE: October 6, 2009 PROJECT: National City Safe Routes to School Project (Specification No. 06-05) CONTRACTOR: Republic ITS ORIGINAL CONTRACT AMOUNT: FINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: $314,760.00 $442,984.50 (includes extended line items and City -initiated change orders) January 14, 2008 August 31, 2009 (includes downtime due to equipment shipment delays, City - initiated change orders and inspections) ORIGINAL CONTRACT TIME (WORKING DAYS): 40 ADDITIONAL WORKING DAYS FOR CHANGE ORDERS: 40 FINAL CONTRACT TIME (WORKING DAYS): 80 SEE ATTACHED CONTRACT BALANCE SUMMARY DETAIL. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work (see attached). Republic ITS will not be entitled to damages or additional payment for delays as described in the 1997 (and latest) edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing said work. REVIE D BY• yzy�� Date • � • '� ssociates (Construction Manager) aneshfar, P.E. Principal Engineer ACCEPTED BY: Date Martin Eichmann ate / Ron Morrison Republic ITS (Contractor) Mayor vy REVIEWED BY: Stephen Manganie'1% Traffic Engineer City Engineer APPROVED BY: IY—oy Date City Council Resolution No. Date CONTRACT BALANCE SUMMARY DETAIL Original Contract Final Contract Balance No. Item Units Quantity Unit Price Amount Quantity Amount 1 Remove and Salvage exist. Conflict signs; furnish & install new signs. EA 56 $ 160.00 $ 8,960.00 64 $ 10,240.00 2 Furnish and Install solar -powered beacons (Carmanah R829C') EA 10 $ 3,300.00 $ 33,000.00 10 $ 33,000.00 3 Furnish and install 24-hour solar -powered beacons (Carmanah R247C`) EA 2 $ 3,300.00 $ 6,600.00 2 $ 6,600.00 4 Furnish and install 18-unit solar -powered In -Roadway Lighting (IRL) Crosswalk System (Swarco Lanelight MLK150`) EA 1 $ 37,500.00 $ 37,500.00 1 $ 37,500.00 5 Furnish and install 18-unit solar -powered In -Roadway Lighting (IRL) Crosswalk System (Swarco Lanelight MLK150') with 2 LED -enhanced School Warning Signs (Caltrans MUTCD Sign Code S1-1). EA 2 $ 44,000.00 $ 88,000.00 2 $ 88,000.00 6 Fumish and install 14-unit solar -powered In -Roadway Lighting (IRL) Crosswalk System (Swarco Lanelight MLK150') with 2 LED -enhanced School Warning Signs (Catrans MUTCD Sign code S1-1). Ea 1 $ 40,000.00 $ 40,000.00 1 $ 40,000.00 7 Fumish and install 10-unit solar -powered In -Roadway Lighting (IRL) Crosswalk System (Swarco Lanelight MLK150') with 2 LED -enhanced School Warning Signs (Caltrans MUTCD sign code S1-1). EA 1 $ 37,000.00 $ 37,000.00 1 $ 37,000.00 B Remove existing conflicting striping and pavement markings via grinding/sandblasting. LS 1 $ 2,500.00 $ 2,500.00 3.53 $ 8,812.50 9a Install new thermoplastic pavement markings for standard school crosswalks SF 228 $ 3.00 $ 684.00 440 $ 1,320.00 9b Install new thermoplastic pavement markings for school crosswalks at In -Roadway Lighting System locations. SF 2,100 $ 3.00 $ 6,300.00 3,109 $ 9,327.00 9c Install new thermoplastic pavement markings for yield lines (Caltrans Standard Plans A24E). SF 242 $ 3.00 $ 726.00 308 $ 924.00 9d Install new thermoplastic pavement markings for all 'SLOW, 'SCHOOL' and'XING' legends (Caltrans Standard Plans A24D). SF 158 $ 5.00 $ 790.00 -175 $ (875.00) 10 Furnish and install Type 9A Cantilever Flashing Beacon Pole and Mastarm Assembly (Caltrans Standard Plans ES-7K). EA 2 $ 7,000.00 $ 14,000.00 2 $ 14,000.00 11 Furnish and install Type Al Ped Ramp w/ Truncated Domes (SDSRD G-28) Ea 1 $ 3,900.00 $ 3,900.00 1 $ 3,900.00 12 Furnish and install Type B1 Ped Ramp w/ Truncated Does (SDSRD G-28) EA 2 $ 3,900.00 $ 7,800.00 2 $ 7,800.00 13 Furnish and install concrete sidewalk (450'X6') to match existing back of curb. SF 2,700 $ 10.00 $ 27,000.00 2,700 $ 27,000.00 City Council Approval - 11/20/07 (Resolution No. 2007-255) Subtotal (Olinal Contract) $ 314,760.00 Subtotal (Original Contract + Extended Line Items) $ 324,548.50 CO1 Install 340 SF of additional sidewalk (Newell St; 18th Street & F Avenue) LS City Engineer Approval - 4/1/08 1 $ 3,400.00 CO2 Fumish and install an additional in -roadway lighted crosswalk system, flashing beacons, signing and striping LS City Council Approval - 10/21/08 (Resolution No. 2008-222) 1 $ 113,716.00 CO3 Remove 12' sign poles; furnish and install 14' sign poles for flashing beacons LS City Engineer Approval - 8/25/09 1 $ 1,320.00 (Change Orders) $ 118,436.00 S Subtotal Total (Final Contract Balance) S $ 442,984.50 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on October 6, 2009 of the National City Safe Routes to School, Spec. No. 06-05 Work of improvement or portion of work of improvement under construction or alteration. Various locations around 7 schools in National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: N/A Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with REPUBLIC ITS Name of Original Contractor The following work and material were supplied: Pole -Mounted Flashing Beacons, In -Roadway Lighting Crosswalk Systems, Traffic Signing and Striping, Concrete Sidewalk, Pedestrian Ramps, Traffic Control Equipment, etc. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Joint tenants, tenants in common, or other owners Dated: , 2009; Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on , 2009, at , California. Signature: RON MORRISON, MAYOR N. 06-5 City of National City, California COUNCIL AGENDA STATEMENT ,,.EETING DATE October 6, 2009 AGENDA ITEM NO. 5 ITEM TITLE A Resolution of the City Council of the City of National City awarding a contract in the amount of $66,000.00 to Palm Engineering Construction Company, Inc. for the National City Parks Rehabilitation and ADA Improvements Project (Phase 4) and authorizing the Mayor to execute the contract. (Funded through General Funds) PREPARED BY Kenneth Fernandez EXPLANATION Please see attached page with explanation. DEPARTMENT EXT. 4388 Development Services/ Engineering J Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director Funds are available in expenditure account number 001-409-500-598-4127 for $66,000.00. (General Funds) Account No STAFF RECOMMEND : TION dopt � e Resoluti / CO ISS • ECO N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Bid Opening Information Sheet 3. Bid Summary for the three lowest bidders A-200 (Rev. 7/03) 11( SPEC 09-07 PALM ENG AWARD EXPLANATION The Engineering Department provided a status update and requested feedback from City Council as to the Remodeling and Renovation of Parks and Recreation Facilities Project. As a result of this productive session, Engineering staff proceeded as directed with the design of the project. It was determined that in order to provide the most quality, economical, and streamlined services and products, the project would be divided into phases: 1) External Painting — Completed. 2) Furnishings — Completed. 3) Building Structure Improvements — Construction for Phase 3 — Completed. This was extended into this phase 4 focusing on the ADA improvements and access of restrooms at each major park. On August 21, 2009, the parks rehabilitation and ADA improvements package, i.e. Phase 4, was advertised inviting bids. The project consists of ADA modifications to the outside accessibility and interior of one existing restroom at El Toyon Park and Las Palmas Park each. Other items include electrical improvements at one of the score shacks and the snack bar at Las Palmas Park. On September 1, 2009, an optional pre -bid meeting was held to answer any questions and provide site access to potential bidders. On September 8, 2009, six bids were officially received and opened by our City Clerk. Please examine the attached bid opening sheet for other bidder information. Review of the bid documents and research of the apparent lowest bidder, Palm Engineering Construction Company, Inc. was completed. The aforementioned company has a valid current contractor's license, positive references, and many years of experience. They are "'qualified to perform the scope of work the City is seeking. In summary, staff has completed a comprehensive review of all the proposals and found the lowest responsive bidder, Palm Engineering Construction Company, Inc. qualified to perform the scope of work. In addition to the Financial Statement, the total cost of the project is estimated to be $79,000. This amount includes the construction bid price of $66,000.00 plus approximately 13% ($8,000) for contingencies, approximately 8% ($5,000) for construction management services. Materials testing, inspection, and/or surveying services will be performed in-house between Building and Engineering Divisions. In summary, the Engineering Department recommends that City Council award a Contract to MJC Construction Company in the amount of $66,000.00 for the National City Parks Rehabilitation and ADA Improvements Project (Phase 4), Specification Number 09-07. Please examine the attached bid opening sheet for other bidder information. RESOLUTION NO. 2009 — 233 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT IN THE AMOUNT OF $66,000 TO PALM ENGINEERING CONSTRUCTION COMPANY, INC., FOR THE NATIONAL CITY PARKS REHABILITATION AND ADA IMPROVEMENTS PROJECT (PHASE 4), AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Engineering Department of the City of National City did, in open session on August 21, 2009, publicly open, examine and declare six sealed bids for the National City Parks Rehabilitation and the ADA Improvements Project (Phase 4). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Parks Rehabilitation and the ADA Improvements Project (Phase 4) to the lowest responsive, responsible bidder, to wit: PALM ENGINEERING CONSTRUCTION COMPANY, INC. BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute on behalf of the City a contract between Palm Engineering Construction Company, Inc., and the City of National City in the amount of $66,000.00 for the National City Parks Rehabilitation and the ADA Improvements Project (Phase 4). Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of October, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney - CALIFORNIA --e- NATION1AL env -- iNCORPORATEll __-) BID OPENING SPECIFICATION NUMBER: 09-07 PROJECT TITLE: NATIONAL CITY PARKS REHABILITATION AND ADA IMPROVEMENTS PROJECT (PHASE 4) DATE: SEPTEMBER 8, 2009 TIME: 3:00 P.M. ESTIMATE: $53,000 PROJECT ENGINEER: KENNETH FERNANDEZ NO. BIDDER'S NAME BID AMOUNT (PAGE 14-15) (PAGE 16 ) ADDENDA (PAGE 14) BID SECURITY (PAGE I8-CHECK 1. Palm Engineering 3770 Hancock Street, Suite H $66,000.00 N/A �.. , BOND 2. Fordyce Construction 9932 Prospect Avenue, Ste. 138 $66,841.00 N/A BOND 3. Benold Construction Inc. 12280 Semillon Blvd. $69,050.00 N/A BOND 4. Pave Pros Construction 995 Oleander Avenue $77,287.00 N/A BOND 5. Khavari Construction Inc. 4550 Kearny Villa Road, #118 $80,000.00 N/A BOND 6. RMV 4079 Huerfano Avenue # 118 $148,000.00 N/A BOND 7. 8. 9. -�10. CITY OF NATIONAL CITY - BID SUMMARY PROJECT NAME: FIGURES CHECKED BY: Kenneth Fernandez 9/23/2009 NATIONAL CITY PARKS REHABILITATION AND ADA IMPROVEMENTS PROJECT (PHASE 4) SPECIFICATION NO. 09.07 FILE NO.: !BID DATE: TUESDAY, SEP 08, 2009 at 3:00 PM APPARENT LOW BIDDER: Palm Engineering Cons( Co, Inc PROJECT NO. 4127 ''LOW BID AMOUNT: S66,001.00 ENGINEER'S ESTIMATE: 553,000 N0. ITEM .SIGNATURE CHECKLIST 1BC-Ok„ACTORs ALL SIGNATURES ARE AFFIXED 'SUBCONTRACTORS TYPE & AMOUNT OF BOND -BOND OR CHECK ADDENDUMS TO BE ACKNOWLEDGE :AFFIDAVIT 'DISCLOSURE. ADDENDUMS QTY. UNIT LAS PALMAS PARK All work described on plans and technical specifications. 1 ; LS LS EL TOYON PARK 1 .1 All work described on plans and technical specifications. BID TOTAL YES SIGNATURE Nnne SlMCO,IRACTORS None 918CUNrRACTURS BOND EOM) CHECK AFFIDA VTr DISCLOSURE ADDENDUMS NONE YES S)JNATURE YES 9LR3CU9TRACrORS YES SLOCONIAACTORS BOND BOND CHECK AFFB)AV)T DISCLOSURE ADDENDUMS NONE YES YES YES BOND NONE 1 2 3 ENGINEER'S ESTIMATE Palm Engineering Curlsl, Cu., Inc. 3770 Hancock St, So H, SD, 921 I11 616.261-1495 :Foraycu Construction, Inc. 9932 Prospect Ave, Ste 138, Santee 92071 619-449-4272 UNIT COST TOTAL UNIT COST TOTAL UNIT COST 519,750.00 $ 20,050.00 $32,650 00 $ 27,000.00 $ 32,950 00 $ 39,000.001 $ 53,000.00 TOTAL Benold Construction Cu., Inc. 112200 Semillon Blvd, SD, CA 92131 1619540-7766 UNIT COST 27,000 00, $ 28,744. 001 $ 28,744.00 $ 27,050.00 39,000.00'. $ 38,097.00 i $ 38,097 00. $ 66,000,00 2453% 66,841.00 2612% AVERAGE (3 LOWEST BIDDING CONTRACTORS OUT OF 15) TOTAL UNIT COST TOTAL $ 27,050 001 $ 42,000.00 $ 42,000. 00: I $ 69,050.00 3028% 27,598.00$ 27,598.00! 39,699.00: $ 39,699.00' I5 67,297,00 2698 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE October 6, 2009 AGENDA ITEM NO. 6 /ITEM TITLE Resolution of the City Council of National City approving a contract agreement between the City and Southern California Soil & Testing for the Not -to -Exceed amount of $150,000 for a one year period to provide on -call geo-technical materials testing services for various Capital Improvement Projects and authorizing the Mayor to execute the agreement (Various Capital Improvement Project funds) PREPARED BYBarby Tipton EXPLANATION See attached explanation DEPARTMENT Development Services EXT. 4583 Engineering Division Environmental Review X N/A MIS Approval Financial Statement There is no financial impact at this time. As needed, any and agreement, at which time a supplement to the agreement will number to be charged. Approved By: Fine ce Director or all CIP account num ers will be used to fund this be processed showing the actual amount and account Account No STAF RECOMMENDATION do t esolution. AR / COMMISSION COMMEN ION N/A ATTACHMENTS (Listed Below) 1. Resolution 2. Contract Agreement Resolution No. CSC A4200 (Rev. 7/03) EXPLANATION: The Engineering Division of Development Services solicited Request for Proposals (RFP) from professional firms to provide geo-technical materials testing services for various Capital Improvement Projects for fiscal year 2009-2010. Five RFPs were received. The Engineering Division reviewed the proposals, taking into consideration, among other things, the past performance history (if any), the type of services offered, and the cost to the City. Two firms were selected to provide the needed on -call services; Southern California Soil & Testing having the not -to -exceed amount of $150,000 for a period of one year. Amendments to the agreement will be processed to account for actual amounts and project(s) to be charged. Staff recommends approval of the resolution. RESOLUTION NO. 2009 — 234 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND SOUTHERN CALIFORNIA SOIL & TESTING FOR A ONE YEAR PERIOD FOR THE NOT -TO -EXCEED AMOUNT OF$150,000 TO PROVIDE ON -CALL GEO-TECHNICAL MATERIALS TESTING SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS WHEREAS, the City desires to employ a consultant to provide on -call Geo- Technical Materials Testing Services for various capital improvement projects; and WHEREAS, the City has determined that Southern California Soil & Testing is qualified by experience and ability to perform the services desired by the City, and Southern California Soil & Testing is willing to perform such services for the not -to -exceed amount of $150,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Southern California Soil & Testing for a one-year period to provide on -call Geo-Technical Materials Testing Services for various capital improvement projects for the not -to -exceed amount of $150,000. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of October, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney FOLLOWS: AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SOUTHERN CALIFORNIA SOIL & TESTING INC. THIS AGREEMENT is entered into this 6th day of October, 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Southem California Soil & Testing Inc., (the CONSULTANT). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide geotechnical materials testing services for city projects. WHEREAS, the CITY has determined that the CONSULTANT is a materials testing firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS 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 on an on -call basis. The scope of work will be defined for each project in accords with Exhibit A. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 5% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Barbara Tipton hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Gordon T.M. Woodard, RCE, thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on actual work requested and performed, not -to -exceed $150,000.00. 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 fumishing 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 clue. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Work to begin upon receipt of signed agreement from the CITY and terminates on October 6, 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 tumed over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY' s prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT s written work product for the CITY' s purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 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. 2 Clty's Standard Agreement — June 2008 revision 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 CONSULTANTs agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANTs 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, shalt comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES. PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANTS 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, 3 Citys Standard Agreement — June 2008 revision 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 availabte to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 4 citys Standard Agreement — June 2008 revision 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, .demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANTS negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of Califomia, the applicable provisions of Division 4 and 5 of the California Govemment Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attomey's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 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. I. Insurance shall be written with only Califomia admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is 5 Clty's Standard Agreement — June 2008 revision 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. 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 attomey'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 AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. 6 City's Standard Agreement — June 2008 revision D. in the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by ovemight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of Califomia) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: City of National City Maryam Babaki, Director of Development Services 1243 National City Blvd National City, CA 91950 To CONSULTANT: Southern California Soil & Testing Inc. Attn: Gordon T. M. Woodard, RCE 6280 Riverside Street San Diego, CA 92120 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 7 Cfty's Standard Agreement — June 2008 revision all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Govemment Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be govemed by and construed in accordance with the laws of the State of Califomia. 1. 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 8 City's Standard Agreement -.June 2008 revision 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 SOUTHERN CALIFORNIA SOIL & TESTING _INC_ E (Corporatlon - signatures of two corporate oficers� (Partnership - one signature) (Sole proprietorship - one signature) By: Ron Morrison, Mayor APPROVED AS TO FORM: B• (Name) By: ArK7?0,11 41/07) (Print) (Title) George H. Eiser, III (I(jer e) City Attomey (Prin 06 (Title) 9 (--3 i> &kJ ) q-v Citys Standard Agreement —June 2008 revision SCOPE OF WORK The following is the general outline of the typical services that SCS&T can provide based on the 2007 CBC, and the City of National City requirements. Laboratory tests will be provided on a time and materials basis at unit rates as shown on the attached 'Adjusted Schedule of Fees' dated August 1, 2009. GEOTECHNICAL ENGINEERING SERVICES Our typical preliminary geotechnical investigation will consist of a surface reconnaissance, subsurface exploration, obtaining representative soil samples, laboratory testing, analysis of field and laboratory data, and review of relevant geologic literature. Our scope of service does not include assessment of hazardous substance contamination or whether the property is in an environmentally sensitive area that may require a special permit for the investigation (for example, City of San Diego Municipal Code § 62.0108, "Exploratory Permits"). Specifically, the intent of our proposed investigation is as follows: • Explore the subsurface conditions to the depths influenced by the proposed construction; • Evaluate the engineering properties of the various strata that may influence the proposed development, including bearing capacities, expansion characteristics and settlement potential; ▪ Describe the general geology at the site including possible geologic hazards that could have an effect on development; • Address potential construction conditions that may be encountered due to subsurface conditions, groundwater, or geologic hazards, and provide recommendations concerning these conditions; • Develop geotechnical engineering criteria for site preparation; • Provide recommendations for shored and unshored temporarily cut slopes; • Recommend an appropriate foundation system for the type of structure anticipated and develop geotechnical engineering design criteria for the recommended foundation type; • Present our professional opinions in a report encompassing, a plot plan, exploration logs, a summary of the laboratory test results, as well as conclusions and recommendations. TYPICALGEOTECHNICAL ENGINEERING SERVICES • Preparation of a 'transfer of geotechnical engineer' responsibility letter; • Preparation of a "Grading Plan Review" report, addressing conformance of the grading plan with recommendations contained in the Geotechnical Report for the project; • Preparation of a "Foundation Plan Review" report addressing conformance of the foundation plan with recommendations contained in the Geotechnical Report for the project; • Participation in a pre -grading meeting attended by the principal parties involved in the earthwork; • Periodic observation of demolition and clearing operations; • Continuous observation of underpinning by our geotechnical staff; • Continuous/Periodic observation of temporary shoring and tie -back drilling by our geotechnical staff; • Periodic observation of the earthwork operations and relative compaction testing; • Periodic observation of earthwork operations by our geotechnical staff; • Continuous/Periodic observation of any wall backfill operations and relative compaction testing; • Performance of laboratory tests to determine the pertinent engineering properties of the soils encountered in the earthwork; • Periodic observation and relative compaction testing of utility trench backfill; • Periodic observation and relative compaction testing of subgrade preparation, aggregate base, and asphalt placement; • Observation of footing excavations for structural improvements by our geotechnical staff; • Preparation of reports summarizing our tests and observations of the grading, wall backfill, underground utility trench backfill, subgrade preparation, aggregate base and asphalt placement. TYPICAL SPECIAL INSPECTION AND MATERIALS ENGINEERING SERVICES • Reinforcing steel/tendons, periodic — during placement of steeVtendons, and before placement of concrete; • Reinforced concrete, continuous — during the placement and sampling of concrete as required; • Post -tension concrete, continuous — during placement, sampling of concrete as required, stressing and grouting of tendons; • Shotcrete, continuous — during placement and sampling of panels as required; • All structural field welding and field welding of reinforcing steel, continuous — (We have assumed that an approved fabricator will be utilized and therefore special inspection of shop welding will not be required.); • Non-destructive testing of full and partial -penetration welds; • High strength bolting, periodic — verify faying surfaces and a snug tight fit and/or proper torque as required; • Drilled and/or epoxy adhesive anchors — during installation of anchors; • Structural Masonry, continuous — during lay up of block, reinforcing steel placement and grouting; • Fire proofing — periodic inspection of application and thickness and density tests; • Shear wall, periodic — during nailing, bolting, anchoring and other fastening of wood shear walls with fastener spacing less than or equal to 4-inches on center. Additional services that were not specifically stated in construction plans but are required in accordance with the 2007 CBC or City of National City requirements will be provided as follows: • Provide daily inspection reports describing the work inspected and stating compliance or non-compliance with the project documents. A copy of the daily report will be left with the on -site superintendent. Reports will be reviewed by SCS&Ts project engineer, a Registered Civil Engineer, and will be distributed to the designated recipients. • Fabricate, transport and test normal weight concrete for slump, temperature and compressive strength at the rate of one set of three concrete test cylinders per 150 cubic yards, 5,000 square -feet or for each day's placement. One cylinder will be tested at seven days and two at 28 days. Test reports shall be prepared and distributed to the designated persons. Suspect or failing test results will be reported to the designated person(s) on the day of the test. • Fabricate, transport and test lightweight concrete for slump, temperature and compressive strength at the rate of one set of three concrete test cylinders per 150 cubic yards, 5,000 square -feet or for each day's placement. Test reports shall be prepared and distributed to the designated persons. Suspect or failing test results will be reported to the designated person(s) on the day of the test. • Fabricate, transport and test for compressive strength one shotcrete panel per 50 cubic yards of shotcrete wall. Reports shall be prepared and distributed to the designated persons. Suspect or failing test results will be reported to the designated persons on the day of the test. • Transport and test two reinforcing bars for tensile and bend for each 10 tons of each reinforcing bar size. Suspect or failing test results will be reported to the designated person(s) on the day of the test. • Transport and test high -strength bolt assemblies for hardness and tensile. Suspect or failing test results will be reported to the designated person(s) on the day of the test. • Fabricate, transport and test fireproofing samples for density for every 10,000 square feet of floor assembly. Test reports shall be prepared and distributed to the designated persons. • Fabricate, transport and test one set of three masonry prisms for each 5,000 SF of wall area during construction. Suspect or failing test results will be reported to the designated person(s) on the day of the test. • Fabricate, transport and test one test sample of grout on three successive working days and at one -week intervals thereafter. Suspect or failing test results will be reported to the designated person(s) on the day of the test. • Fabricate, transport and test one test sample of mortar on three successive working days and at one -week intervals thereafter. Suspect or failing test results will be reported to the designated person(s) on the day of the test. • Extract, transport and test two masonry cores for each 5,000 SF of wall area during construction. One core will be tested for shear and another core for compression. Suspect or failing test results will be reported to the designated person(s) on the day of the test. • Sample, transport and test nine masonry units for each type of masonry block. Three units will be tested for absorption, three for shrinkage and another three for compression. Suspect or failing test results will be reported to the designated person(s) on the day of the test. • An SCS&T project manager will provide supervision of our project personnel and will be an additional point of contact to answer any questions that may arise conceming the project or field personnel. Additional services not listed above may also be provided as detailed in the attached `Adjusted Schedule of Fees' Southern California Soil and Testing, Inc. Confidential Schedule of Fees for Professional Services Adjusted for National City On -Call Professional Engineering/Construction Material Testing Services Effective August 1, 2009 PROFESSIONAL SERVICES Engineer/Geologist Principal Engineer/Geologist $140 Senior Engineer/Geologist 140 Staff Engineer/Geologist 116 Concrete Mix Design Review 167 Deposition and Trial Testimony (4-Hour Minimum, with any time over 4 hours billed as 8 hours) 350 Technician Soils/Materials/QA-QC Supervisor $115 Soils Technician _ .. 77 Materials Technician (ACI) 77 QA/QC Technician (Third Party) 96 Floor Flatness (Dip Stick) Technician 200 Coring - Asphalt, Concrete, Masonry and Gunite 175 Certified Deputy Inspection Certified Materials Special Inspector $89 Certified Building Inspector 98 NDT Technician (UT. MT, DT, VT) 98 Batch Plant lnspector 74 OSPHD Inspector A, B / DSA Inspector Level 1,2 108 OSPHD Inspector C / DSA Inspector Level 3 .. 106 AWS Certified Welding Inspector (Field Welding, Shop Welding, High -Strength Bolting) 98 Miscellaneous Overtime and Saturday Rate 1.5 x Regular Hourly Rate Sunday and Nationally Recognized Holiday Rate (including the day after Thanksgiving) 2 x Regular Hourly Rate Minimum Professional Fee $500/Project Minimum Field Services Fee $400/Project Rush Surcharge normal rate plus 50% f j Personnel Regular Hourly Rate Per Diem (variable. depending on location) $80- 160/day Sample Pick Up (San Diego. Riverside and San Bernardino Counties) NIC EQUIPMENT AND MATERIALS TRAVEL Nuclear Gauge Included in Technician Rate Outside Services/Equipment/Materials .. Cost + 20% Generator Pachometer $50/day $10/hour Concrete Vapor Emission Kits (ASTM F 1869) $35/kit LABORATORY TESTS Maximum Density, 4-inch mold (ASTM D1557) Maximum Density, 6-inch mold (ASTM DI557) Rock Correction for Maximum Densities Plasticity Index (ASTM D4318) Hydrometer Analysis (ASTM 0422) Soil And Aggregate $192 Collapse Potential (ASTM D5333) $106 212 Expansion Index (ASTM D4829) 170 25 Sieve Analysis (ASTM D422) 80 122 Direct Shear. Normal Speed (ASTM D3080) 200 106 Direct Shear. Slow Speed (ASTM D3080) 319 LABORATORY TESTS Soil and Aggregate (cont.) Resistance Value, R-Value (Cal 301, ASTM D2844) $265 California Bearing Ratio includes Max Density C (ASTM D1883) .....594 Sand Equivalent (Cal 217, ASTM D2419) 85 Corrosivity (inc. pH, resistivity, soluble chlorides and sulfates) .........180 Sieve Analysis, Coarse (ASTM C136) 57 Sieve Analysis, Fine (ASTM C I36) 71 Specific Gravity. Coarse (ASTM C127) 66 Specific Gravity, Fine (ASTM C127) 66 Durability Index (Cal 227) 215 Asphalt Concrete Hveem — Maximum Bulk Specific Gravity (Cal 308) per plug $128 Hveem and Stabilometer (Cal 308/366) per plug 168 Rice — Maximum Theoretical Specific Gravity (ASTM D2041) 256 Bulk Specific Gravity, Cores (ASTM DI 188) 56 Sieve Analysis Extracted Aggregate (ASTM D5444) 86 Percent Bitumen (ASTM D6307) 176 Marshall Density (ASTM D6926) per plug 128 Marshall Density, Stability and Flow (ASTM D6927) per plug168 Additional laboratory testing prices available upon request. Masonry Compressive Strength, Block 8"x 8"x16" (ASTM C I40) $50 Compressive Strength, Prisms 8"x16"x8" or smaller 106 Compressive Strength, Prisms Larger than 8"x 16"x8" 143 Compressive Strength, Grout 3"x3"x6" (ASTM C1019) 26 Compressive Strength, Mortor 2"x4" (ASTM C780) 26 Compressive Strength, Mortor 2"x2" (ASTM CI09) 28 Linear Shrinkage, Block (ASTM C426) 242 Concrete Compressive Strength, Cylinders (ASTM C39) $26 Compressive Strength, Core (ASTM C42) 57 Compressive Strength, Shotcrete Panel, 3 cores (ASTM C 1140) .. 279 Splitting Tensile Strength, 6"x 12" Cylinder (ASTM C496) 71 Flexural Strength. 6"x6"x24" Beam (ASTM C78) 71 Length Change, Mortar or Concrete (ASTM C157) 357 Metals Tensile Strength, #3 - #8 Reinforcing Steel (ASTM A615/A706)$71 Tensile Strength, #9 - #11 (ASTM E8) 87 Bend Test, #3 - # 11 Reinforcing Steel (ASTM E8) 43 TERMS AND CONDITIONS All field services will be charged from portal to portal with the following minimum charges: • A one -hour minimum charge will be applied to materials sampling and sample pickups. • A two-hour show -up charge will be applied to any service canceled after 4:00 PM the previous day. • A two-hour minimum charge will be applied to all field services. • Work in excess of eight hours up to twelve hours in a single day, will be charged in 30-minute increments at 1.5 times the standard rate. • Work in excess of twelve hours in a day will be charged In one -hour increments at 2.0 times the standard rate. • The Director of Industrial Relations (DIR) may dictate periodic increases to the prevailing wage during the duration of this project/contract SCS&T will increase our hourly rate on the effective date determined by the DIR, by a factor of 1.8 times the hourly increase. Work performed by field or laboratory personnel outside of normal business hours (6:30 AM — 5:00 PM) will be charged a premium on a case -by -case basis. Reimbursables: SCS&T reserves the right to charge for services outside of the contract in the form of reimbursables. These items include, but are not limited to the following consumables: magnetic particle powder, ultrasonic copulent, concrete cylinder cans, etc. The following are also included: mileage, travel time, equipment rental, administrative time utilized for photocopying, distribution lists, express mailing, archive searches, etc. Equipment rental or subcontracted services not included in our Fee Schedule will be charged at cost plus 20 percent. Subcontracted services that are included on the Fee Schedule will be charged at those rates. Per diem charges will be applied to projects outside a 50-mile radius of our office. Mileage will be charged at the rate of 50 cents per mile for distances over 50 miles from the location of dispatch. Invoices for all services completed or in progress will be submitted bi-monthly. These invoices are due in full upon presentation to the client Invoices outstanding over 30 days will be considered past due. A finance charge will be computed at the rate of 1.5 percent per month, which is an annual rate of 18 percent, and charged on all past due accounts. If legal action is brought on delinquent accounts, the prevailing parry shall be entitled to recover its reasonable attorney's fees and other costs of collection. Our professional engineering, geology. and inspection services are performed in accordance with the current standards of practice in the industry. No other warranty or representation, express or implied, is made or intended. Should any services provided by SCS&T for this project become subject to state or federal prevailing wage requirements, SCS&T will be compensated for those services at its prevailing wage rates, from the date these requirements become effective through completion of the project. 6280 Riverdale Street San Diego, California 92120 619.280.4321, Toll Free 877.215.4321 www.scst.com Celebrating 50 Years in Southern California 83-740 Citrus Avenue, Suite G Indio, California 92201 760.775.5983, Toll Free 877.215.4321 www.scst.com ACORD, CERTIFICATE OF LIABILITY INSURANCE PRODUCER 0A99520 Cavignac & Associates -'0 B Street, Suite 1800 Ssem.,4Diego, CA 92101-8005 1-619-234-6848 DATE (MM/OD/YY) 01/30/09 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POIJCIES BELOW. INSURERS AFFORDING COVERAGE INSURED Southern California Soil & Testing, Inc. 6280 Riverdale Street San Diego, CA 92120 1 COVERAGES INSURER A: The Travelers Indemnity Company of Connecticut INSURER B: Peerless Insurance Company INSURER C: James River Insurance Company INSURER 0: 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 POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYI POLICY EXPIRATION DATE (MM/DD/YYl LIMITS A GENERALLIABIUTY X COMMERCIAL GENERAL LIABILITY 6806686L064 12/01/08 12/01/09 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 1, 000, 000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 10 , 00 0 1 X GENII_ Contractual Liab. PERSONAL&ADV INJURY $1,000,000 Separation of Insureds GENERAL AGGREGATE $2,000,000 AGGREGATE LIMIT APPLIES PER: POLICY X PRO- —T �JFCT !LOC PRODUCTS - COMP/OP AGG $ 2,000,000 Deductible None B AUTOMOBILE X UABIUTY ANY AUTO BA8219665 12/01/08- 12/01/09 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR Li CLAIMS MADE DEDUCTIBLE RETENTION $ AGGREGATE $ $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY US7862Y868 12/01/08 12/01/09 x TWCSORYTATUMITS OTH- ER E.L. EACH ACCIDENT $ 1, 000, 000 E.L. DISEASE -EA EMPLOYEE $ 1, 000, 000 E.L. DISEASE -POLICY LIMIT S 1, 000, 000 C OTHER Professional Liability Claims made, defense costa included w/in limit 000028775 01/30/09 01/30/10 Each Claim s1,000,000 Aggregate s2,000,000 Each Claim Deduct. s100,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: All operations. - TE HOLDER ( N , ADDITIONAL INSURED; INSURER LETTER; City of National City 1243 National City Blvd. ,,ional City, CA 91950 1 ACORD 25-S (7/97) Katherine 11012605 USA CANCELLATION 10 days NOC for non-payment of premium. SHOULD ANY OF THE. ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGATION OR UABILRY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE O ACORD CORPORATION 1988 City of National City, California COUNCIL AGENDA STATEMENT ,EETING DATE October 6, 2009 AGENDA ITEM NO. 7 PREPARED BY ITEM TITLE Resolution of the City Council of National City approving a contract agreement between the City and Project Partners for the Not -to -Exceed amount of $100,000 for a one year period to provide on -call professional engineering, financing, surveying, project/construction management and inspection services for various Capital Improvement Projects and authorizing the Mayor to execute the agreement (Various Capital Improvement Project funds) Barby Tipton EXPLANATION See attached explanation DEPARTMENT Development Services Engineering Division EXT. 4583 J Environmental Review X N/A MIS Approval Financial Statement Approved By: Fina e Director There is no financial impact at this time. As needed, any and or all CIP account numb rs will be used to fund this agreement, at which time a supplement to the agreement will be processed showing the actual amount and account number to be charged. Account No STAFF RECOMMEND AlON Ad t esol D / COMMIS SFO RECOM N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Contract Agreement cproject A-200 (Rev. 7/03) EXPLANATION: The Engineering Division of Development Services solicited Request for Proposals (RFP) from professional Engineering firms to provide general engineering, construction inspections and project management for various Capital Improvement Projects for fiscal year 2009-2010. Eleven RFPs were received. The Engineering Division reviewed the proposals, taking into consideration, among other things, the past performance history (if any), the type of services offered, and the cost to the City. Four firms were selected to provide the needed on -call services, with Project Partners having the not -to - exceed amount of $100,000 for a period of one year. Supplements to the agreement will be processed to account for actual amounts and project(s) to be charged. The on -call Consultant will provide support services including specifications and plans preparation services, general engineering assistance, construction management and construction inspection, and budget management as needed for the City's Capital Improvement Projects. As the CIP projects are awarded, the City will request a proposal from the On -call consultant that outlines the detailed scope of work using the rates received from this proposal. Staff recommends approval of Resolution. RESOLUTION NO. 2009 — 235 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND PROJECT PARTNERS FOR THE NOT -TO -EXCEED AMOUNT OF $100,000 FOR A ONE YEAR PERIOD TO PROVIDE ON -CALL PROFESSIONAL ENGINEERING, FINANCING, SURVEYING, PROJECT/CONSTRUCTION MANAGEMENT, AND INSPECTION SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS WHEREAS, the City desires to employ a consultant to provide on -call Professional Engineering Financing, Surveying, Project/Construction Management, and Inspection Services for various capital improvement projects; and WHEREAS, the City has determined that Project Partners is qualified by experience and ability to perform the services desired by the City, and Project Partners is willing to perform such services for the not -to -exceed amount of $100,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Project Partners for a one-year period to provide on -call Professional Engineering Financing, Surveying, Project/Construction Management, and Inspection Services for various capital improvement projects for the not -to -exceed amount of $100,000. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of October, 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 PARTNERS, INC THIS AGREEMENT is entered into this 6th day of October, 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Project Partner, Inc, (the CONSULTANT). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call general engineering services, construction inspections and project management services for the City's Capital Improvement projects. WHEREAS, the CITY has determined that the CONSULTANT is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. FOLLOWS: NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS 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 on an on -call basis. The scope of work will be defined for each project in accords with Exhibit A. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 5% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Barbara Tipton hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Mr. Kimo Look thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on actual work requested and performed, not -to -exceed $100,000.00. 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 shalt make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Work to begin upon receipt of signed agreement from the CITY and terminates on October 6, 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 tumed over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to 2 City's Standard Agreement — June 2008 revision the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANTs obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. 3 City's Standard Agreement — June 2008 revision B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a govemmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANTs professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 4 City's Standard Agreement — June 2008 revision 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Govemment Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attomey's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 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 CONSULTANTS 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. 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 5 City's Standard Agreement - June 2008 revision according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attomeys' 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. 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 bome equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. 6 City's Standard Agreement — June 2008 revision D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such ovemight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of 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: City of National City Maryam Babaki, Director of Development Services 1243 National City Blvd National City, CA 91950 Project Partners Attn: Mr. Kimo Look 18301 Von Karman Avenue, Suite 340 Irvine, Ca 92612 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, 7 City's Standard Agreement — June 2008 revision process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 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. 8 Citys Standard Agreement — June 2008 revision K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY PROJECT PARTNERS, INC • (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — on= ignatur-) By: By: Ron Morrison, Mayor (Na -) ki-t l-v i"L APPROVED AS TO FORM: George H. Eiser, III City Attorney By: (Title) (Name) M44e1✓A 2411s57)4NM (Print) UC' ec.fe_1d. yv (Title) I (Print) V iVC et) (/-riO Citys Standard Agreement — June 2008 revision Project Partners City of National City Din Daneshfar, P.E. 8650 California Avenue National City, CA 91950 "The Right Staff at the Right Time and Price" www.projectpartners.com September 24, 2009 Re: Scope of Work for On -Call Professional Engineering, Financing, Surveying, Design, Project/Construction Management and Inspection Services Dear Mr. Daneshfar Per your request, please find in the following pages the Project Partners Scope of Work and Billing Rates for services to be provided under the City of National City On -Call Professional Engineering, Financing, Surveying, Project/Construction Management and inspections Services contract. Again I would like to thank you for considering the services of Project Partners; should you have any questions or desire additional information, please do not hesitate to call at any time. I will serve as one of your primary contacts. Sincerely, Doug Johnson Director of Client and Career Services 16301 Von Karman Avenue Suite 340 Irvine, CA 92612 phone 949.852.9300 fax 949..852.9322 Page 1 Scope of Work Scope of Work and services to be preformed by our staff for the City of National City will include: Public Sector Project Management • Prepare specifications, RFQs and RFPs for equipment and/or construction and installation of equipment consistent with local standards. • Assist in evaluation of proposals and responses to specifications and RFPs. • Compile and/or prepare technical documentation, as -built drawings, equipment lists, manuals, and training materials, etc. • Provide general administrative support for engineering projects. • Manage project procurement processes, construction and/or installation of specific projects or tasks. • Communicate with other local, state, and federal regulatory agencies. Engineering Analysis • Prepare conceptual and/or preliminary designs. • Conduct site evaluation, layouts, and selection. • Develop and analyze cost and schedule estimates. • Perform design reviews and construction monitoring. • Provide technical support of testing and commissioning. • Conduct environmental analysis, studies, and reports. • Assist staff with reviews of engineering reports and documents. Page 2 • Preparation of Grants to assist fulfillment of project funding Construction Contract Administration Construction Contract Administration duties include: • Tracking of the project's schedule and budget • Receiving and processing of change orders • Assisting with change order negotiations • Project coordination • Correspondence, • Processing of progress payments Construction Inspection • Documenting; on a daily basis, events and progress made by awarded construction contractor(s) • Documentation of change orders • Documentation potential extra work items needed for successful construction completion • General public coordination • Coordination with other agencies affected by the construction. The City reserves the right to interview and approve individuals selected from Project Partners to provide services to the City. SCOPE OF SERVICES The following is an outline of the general Scope of Services: General Requirements • Each request/project may vary in scope and magnitude. The City is not obligated to contract all services with the successful firm. • Request of services will be made on a project -by -project basis. The successful firm shall be capable of providing a proposed fee and schedule within seventy- two (72) hours after receipt of the City's request for services. The proposal will be prepared on the basis of the standard schedule of fees in the agreement. • All engineering services provided will be accomplished according to the Project Drawings and Specifications, which may include San Diego Area Regional Standard Drawings, Standard Specifications for Public Works Construction, and Caltrans Standard Specifications and Drawings, etc., governing a particular project, and in accordance with Subdivision Map Act, Land Surveyors Act, and all other codes and practices applicable to the profession of surveying. • All reports and pertinent data obtained under the agreement between the City and the successful firm will be the property of the City and may not be used or reproduced in any form without the explicit written permission of the City. • The successful firm will certify a properly executed affidavit that we will not perform any work for the City that could lead to a conflictof interest. The successful firm will notify the City of any possible conflicts of interest prior to performing any work requested by the City. A conflict of interest may include, but will not limited to, having financial interest in any projects where services are requested, or consulting or performing work for the developers, investors, engineers, contractors, or material suppliers of projects where services are requested. The City has the option to rescind and void the contract in the event that the successful firm fails to properly notify the City of a possible conflict of interest. • The services will be provided efficiently and in timely fashion. All services will be performed on the basis of a standard schedule of fees. Payment will be made based upon itemized billing submitted in accordance with this agreement and after submittal of acceptable formal reports, designs, studies, or cut sheets. Billings will be submitted with, and make reference to, each individual project, itemized as to unit cost and total billed. Project name, specification number, start date, and the name of the person that requested the service would be identified on each bill. The City will provide a preferred standard format for invoicing. Invoices that are not complete as required by this section will be returned unpaid. Fee shall include all necessary resources including labor, equipment, material, and transportation required to provide these services. • Should either party fail to uphold the contract in any part and the situation not be resolved by negotiation, the contract may be voided by written action of either party. Pre -design Phase The successful firm shall provide any or all of the following personnel: • Finance Analyst or Planner. • Engineering surveyors. • Civil engineering/architecture (includes all disciplines) design staff. • Project/construction management staff. • Engineering field inspection staff. The following are the minimum required tasks/services that are expected from the above listed personnel. Project Financing Phase • Minimum services will consist of financial planning including but not limited to budgeting, account reconciliation, grant reporting, project tracking and certified payroll review. Schematic Design Phase • Prepare as -built drawings of existing conditions. • Prepare schematic design drawings for the proposed improvements. • Review existing utility facility drawings and locate/relocate accordingly. • Develop preliminary construction cost estimate for the planned improvements. • Attend meetings with the City and other parties to discuss program and review schematic design concepts. Field Engineering Survey Phase The field surveying services include the following: • Boundary Survey • Topographic Survey • Site Planning Survey • Subdivision Survey • Control Survey • Construction Survey • Court Exhibit Survey Construction Documents Phase • Prepare drawings and specifications suitable for bidding to clearly delineate the Contractor's scope of work, including required detailed engineering design. • Submit plans to City of National City Departments for plan check, and perform all required revisions to construction documents based on other Department's plan check comments. • Meet with City of National City and other stakeholders as required to review final design and construction documents. • Develop detailed cost estimates for construction, including each component of the work. • Provide landscape and irrigation, and necessary civil/structural engineering design services as needed. It may include site surveying, mapping, geotechnical investigations, environmental documents process, structural calculations, etc. • Conduct community meetings/public outreach. • Comply with the Standard Specifications for Public Works Construction, Uniform Building Code, Local, State and Federal standards governing the projects and all other codes and practices applicable to the various disciplines involved in the project. • Provide project coordination with the City and other involved agencies, affected utilities, and community groups. The successful firm's Project Managers shall be familiar with the State requirements in processing of the federally funded project documents. • Coordinate with the Local, County, State, and Federal agencies to prepare the necessary technical reports, and obtain clearance for potential environmental/other impacts for construction authorization. Bidding Phase • Provide final original drawings and specifications for use in bid packages and assistance with bidding process as needed. The City of National City will advertise, assemble and distribute bid packages. • Interpret and clarify contract documents for contractors, and assist in issuing addenda as required. • Attend the pre-bid/walkthrough meetings at the site with all interested contractors. • Participate in bid opening, review contractor's detailed cost breakdown, and assist the City of National City in evaluation of the bids. Construction Administration Phase Construction contract administration services shall be based on project duration during the construction period, from Authorization to Proceed through Punch list Inspection. The following services will be provided: • Attend Pre -Construction conference. Hold as -needed site visits with the Contractor, Coordination Meetings to prepare agendas. • Coordinate with the Contractor regarding permitting requirements, long lead item purchasing recommendations, implementation of the City specifications, and community relations. • Hold weekly or Bi-weekly meetings and prepare agendas, meeting minutes, and chair all weekly progress and coordination meetings required by the specifications and as needed during the project. • Review and approve or take other appropriate action upon Contractor's submittals and shop drawings as required by contract documents. • Interpret contract documents (including all sub -consultant disciplines) for proper execution and progress of construction, including responding to contractor's requests for information and clarifications. Log and facilitate all Contractor Requests for Information (RFI), coordinating with National City staff and assuring that RFIs are responded to expeditiously. • Make at least one scheduled site visit every week during the course of construction to observe the project, and prepare site visit report. Site visit shall include meeting with contractor and City representative to review progress of construction, review pending RFI and Change Order information, and observe the construction to verify work is proceeding in accordance with construction documents. • Assist in reviewing and processing contractor's progress payment requests, and certifying the amount due to the Contractor. • Revise Contract Documents resulting from City requested changes to documents previously approved by the City, or due to code or zoning changes made subsequent to City approval. • Provide services required because of significant changes in the project (not due to the design team's acts or omissions) including, but not limited to, size, quality, complexity, schedule, or the method for bidding and contracting for construction. • Assist in Design Revisions and Project Change Orders Review, negotiate and make recommendations on Contractor- and Owner -generated construction contract change orders; address contract revisions, design changes, unanticipated field conditions, additional work requests, etc. Once reviewed, make recommendations to National City for review prior to responding to the Contractor. • Prepare contract revisions, if required, during construction to resolve problems due to unanticipated field conditions or other field changes. Consult with and advise, National City on contract revision -related issues. These contract revisions may or may not result in contract change orders. • Provide scheduling services for periodic review, analysis and tracking of the Contractor's construction schedule. • Provide construction cost accounting services during the construction phase, including such tasks as progress payment review, cost accounting, budget tracking, general correspondence with National City., etc. • Facilitate any required materials testing required by the contract and shall coordinate and review lab, shop and manufacturers test reports, results of field materials testing, etc. Project Closeout • Make site visits to perform Punch list Inspection, and one additional visit to perform Final Inspection. Punch list Inspection will include a detailed listing of all items remaining to be completed by the Contractor. Final Inspection will certify that all work has been completed in accordance with construction documents. • Assist National City staff with project closeout, including final acceptance, claims negotiations, preparation of Notices of Completion, and making recommendations for final payment and release of retention or securities to the Contractor. The On -call services shall be provided a period of 1 year from date of signed agreement. Each project will vary in hours needed per week and will be defined in the scope of work proposal request. Page 3 Project Partners' Billing Rate Standard Billing Rate for 2009 Engineering Title Bill Rates Engineering Entry Level Engineer $ 52.50 Assistant Engineer $ 75.00 Associate Engineer $ 62.50 Staff Engineer $ 67.50 Project Management Project Engineer $ 72.00 Associate Project Manager $ 81.75 Project Manager $ 91.50 Senior Project Manager I $ 98.00 Senior Project Manager II $ 104.25 Senior Project Manager III $ 114.00 Specialist Engineering Specialist $130.00 Engineering Specialist $143.00 Engineering Specialist $156.00 Program Management Program Manager I $ 132.00 Program Manager 1I $ 136.75 Program Manager III $ 145.00 Inspectors Associate Inspector $ 46.25 Inspector $ 55.75 Senior Inspector 1 $ 72.25 Senior Inspector II $ 86.50 Senior Inspector 111 $ 107.50 Engineering Tech/CAD/GIS Entry Level Engineering Tech $ 46.25 Engineering Tech $ 55.75 Associate Tech $ 62.50 Senior Engineering Tech $ 81.75 'PRODUCER Dealey, Renton & Associates 199 South Los Robles Ave. Suite: 540 Pasadena CA 91101 INSURED Project Partners 18301 Von Kaman Suite 340 Irvine CA 92612 ACORD,., CERTIFICATE OF LIABILITY INSURANCE DATE (MM!DO/YY) 8/25/2009 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NsuRERA: Travelers Property Casualty Co of Ameri INSURER8: Travelers Indemnity CO.; of Connecticut INSURERQ Ameri can Automobile Ins. "Co. INSURER D: U.S. Specialty Insurance Company______ INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. AOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTT-WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERNS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE Of INSURANCE I— POUCY NUMBER POLJCY EFFECTIVE DATE IM /MDDIYYI P DATE 611MIDDIYYIOUCY N LIMITS LTR 4/18/2009 4 /10 /2010 EACH OCCURRENCE X1,000,000 A GENERALUABILITY 6809361L110 FIRE DAMAGE (Any one fire) $1 000,000 XI COMMERCIAL GENERAL_ LIABILITY (X ': MED EXP (Any one person) $ 1 0 , 0 0 0 � ;CLAIMS MADE IX OCCUR PERSONAL II ADV INJURY S1 000 000 GENERAL AGGREGATE $2 000, OIlO PRODUCTS - COMP/OP AGG S2,000,000 _GEN'L I AUTOMOBILEUABILITY BA9361L484 4/18/2009 4/18/2010 COMBINED SINGLE LIMIT (Ea accident) $l, 000, 000 _ ANY AUTO BODILY INJURY (Per person) X SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident) X NON-0WNEO AUTOS PROPERTY DAMAGE - (Per accident) . AUTO ONLY - EA ACCIDENT S GARAGE LIABILITY OTHER THAN. EA ACC S . ANY AUTO - AUTO ONLY: AGG S - - EACH OCCURRENCE S EXCESS LIABILITY l AGGREGATE S • OCCUR LA CLAIMS MADE OEDUC TOLE— RETENTION S - 5/1/2009 5/1/2010 WC STATU- 1 O -I- X LI TORYMU$i ER C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY W7,P80972232 E.L. EACH ACCIDENT Si j 000,000 E.L. DISEASE - EA EMPLOYEE Si 000 000 E.L. DISEASE - POLICY LIMIT $ 1 , 000,000 D OTHER Professional Liability US091075105 4/18/2009 4/18/2010 $1,000,00o Per Claim $1,000,000 Annl Aggregate DESCRIPTION OF OP£RATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER ADOIUONAL INSURED: INSURER LETTER, City of National City Attn: Mr_ Din Daneshfar, P.E. 1243 National City Blvd_ National City CA 91950 CANCELLATION10 Day Notice for Non-Paymnt o SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER TO 'SAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. AUTHORIZED REPRESENTATIV ACORD 25-S (7197) O ACORD CORPORATION 1988 City of National City, California COUNCIL AGENDA STATEMENT ,AEETING DATE October 6, 2009 AGENDA ITEM NO. 8 Resolution of the Cityof National CityCouncil ap proving TITLE Amendment No. 5 to the agreement with Rick Engineering Company in the amount not to exceed $53,400 for Civil Engineering Support, surveying & staking services in conjunction with Marina Gateway Streetscape Project and authorize the Mayor to execute the agreement. (funded by tax increment fund) PREPARED BY Barby Tipton DEPARTMEN1Development Services EXT. 4583 Engineering Division EXPLANATION See attached explanation Environmental Review X N/A MIS Approval Financial Statement Approved By: manc irec 0 Funds are appropriated in account number 511-409-500-598-3842 in the amount of $ ,400 Account No STAFF RECOMMEN ION A•opt „e; esoluti B • A ' / COMMI SJ6N RECOMI NDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Amendment (3 Original copies) CRICK A-200 (Rev. 7/03) Explanation: ...P The City entered into an agreement by Resolution No. 2008-69 on May 9, 2008 with Rick Engineering Company for design services. Amendment #1, (August 2008) in the amount of $24,600 to provide geotechnical services and prepare design development and construction documents to the Historic Train Depot parking lot brought the total contract to $395,197.00. Amendment #2, (September 2008) to the agreement was for design and preparation of specifications and plans for the Marina Way Storm Drain Project (specification 08-12) not to exceed $6, 500.00. Amendment #3 (January 2009) was to prepare redline markups, conduct surveying, prepare application for the California Public Utilities Commission, modify plans to close driveway, design sewer main, traffic engineering services to modify plans, update electrical plans and provide design services for miscellaneous modifications to plans and specifications for the amount of $33,675.00. Amendment #4 (March 2009) in the amount of $6,800 was for surveying and staking services not provided for in the original agreement was for the Bay Marina Drive Widening Project. This Amendment #5 in the not -to -exceed amount of $53,400 for Civil Engineering Support, surveying and staking services not provided for in the original agreement is for the Streetscape portion of the Marina Gateway improvements and will bring the authorized work to $495,572.00. RESOLUTION NO. 2009 — 236 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 5 TO THE AGREEMENT WITH RICK ENGINEERING COMPANY IN THE AMOUNT NOT TO EXCEED $53,400 FOR SURVEYING AND STAKING SERVICES IN CONJUNCTION WITH MARINA GATEWAY STREETSCAPE PROJECT AND THE AGREEMENT WHEREAS, pursuant to the Disposition and Development Agreement with Marina Gateway Development company, LLC, and Sycuan Tribal Development Corporation, the City is required to install a storm drain on Marina Way; and WHEREAS, on May 6, 2008, the City Council adopted Resolution No. 2008-69, approving an agreement with Rick Engineering Company in the amount of $370,597 for civil engineering design services for the Bay Marina Drive Improvement Project; and WHEREAS, Amendment No. 1 to the Agreement in the amount of $24,600 was for geotechnical services and the preparation of design development and construction documents to the Historic Train Depot parking lot; and WHEREAS, Amendment No. 2 was for civil engineering design and preparation of specifications and plans for the Marina Way Storm Drain Project in the not -to -exceed amount of $6,500; and WHEREAS, Amendment No. 3 in the amount of $33,675 provided additional civil engineering design services for the Bay Marina Drive Widening Project; and WHEREAS, Amendment No. 4 in the not -to -exceed amount of $6,800 provided surveying and staking services for the construction portion of the project; and WHEREAS, Amendment No. 5 in the not -to -exceed amount of $53,400 is for surveying and staking services for the Streetscape portion of the Marina Gateway Improvements not provided for in the original agreement, bringing the total agreement amount to $495,572. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Amendment No. 5 to Agreement with Rick Engineering Company in the not -to -exceed amount of $53,400 to provide surveying and staking services for the Streetscape portion of the Marina Gateway improvements not provided for in the original agreement for the Bay Marina Drive Widening Project. Said Amendment No. 5 to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of October, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III, City Attorney AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND RICK ENGINEERING COMPANY This Amendment to Agreement is entered into this 7th day of September, 2009, by and between the City of National City, a municipal corporation ("CITY"), and Rick Engineering Company (the "CONTRACTOR"). RECITALS A. The CITY and the CONTRACTOR entered into an agreement on May 6, 2008 ("the Agreement"), wherein the CONTRACTOR agreed to provide civil engineering design services for the Bay Marina Drive Improvement Project. B. The parties desire to amend the Agreement to provide additional design services to modify plan and specification changes. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on May 6, 2008, through the adoption of National City Council Resolution No. 2008-69, shall be amended by expanding the Scope of Services not -to -exceed $53,400 as set forth in the attached Exhibit "A", which is incorporated herein by reference. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated May 6, 2008, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY (Parts By: By. Ron Morrison, Mayor RICK ENGI ERING COMPANY (Corporation — sig : tures of two Corp. ate officers) . — one ignature) .. � torship one .ig vam' (Print) i ^ �r -toT� e-;Ac i ` SS;SIG '. APPROVED AS TO FORM: (Title) George H. Eiser, III City Attorney ard, Jr, 5 (Print) (Title) rM ENGINEERING COMPANY August 21, 2009 Ms. Barbara Tipton Management Analyst, Engineering Division City of National City 1243 National City Boulevard National City, California 91958-4301 SUBJECT_ PROPOSAL FOR CONSTRUCTION STAKING AND CONSTRUCTION ADMINISTRATION FOR THE MARINA GATEWAY STREETSCAPE PROJECT (RICK ENGINEERING COMPANY JOB NUMBER 12861-P) Dear Barby: Pursuant to our phone conversation, the following is a proposal to provide engineering and surveying services to support the City of National City during construction of the Marina Gateway Streetscape project. We propose to perform the following services for the compensation listed below. SCOPE OF WORK A. Construction Staking Provide one set of stakes for the following: 1. Demolition and saw cut for limits of construction and saw cut lines. 2. Grading for D.G. pad stakes will be set at 50-foot intervals for rough and finish contours and swale. Grade check D.G. pad and provide marked -up set of plans to owner's representative showing as -graded condition of the pad only. 4. Sewer main stakes will be set at 50-foot intervals, or closer, and include all horizontal and vertical changes in alignment for approximately 1300 L.F. of sewer main. One stake will be set for each manhole and sewer stakes will be set with offset to the right-of-way for each sewer lateral. Included in this item is surveying necessary to establish flowlines of the existing manholes. 5620 Friars Road - San Diego, California 92110-2596 • (619) 291-0707 FAX: (619) 291-4165 • rickengineering.com SAN DIEGO RIVERSIDE ORANGE SACRAMENTO SAN LUIS OBISPO BAKERSFIELD PHOENIX TUCSON Ms. Barbara Tipton August 21, 2009 Page 2of12 5. Water main stakes will be set at 50-foot intervals, or closer, and include all horizontal and vertical changes in alignment for approximately 1,150 L.F. of water main. One stake will be set for each service lateral. 6. Curb will be set at 50-foot intervals and include all horizontal and vertical changes in alignment. (Basis: 2,850 L.F. and include x-gutters and ADA ramps) Gas and Electric — One set of stakes with line points will be set for each gas lateral and street lights. (Basis: 27 lights) Hardscape stakes will be set for sidewalks that do not run parallel with curb, concrete headers, tree wells, decorative concrete and steel fencing with pilasters. Miscellaneous staking for lost or destroyed stakes and field staking items beyond the original scope of work (i.e. potholes, topos, etc.). This item is for a budget estimate only and is to be billed against on a time and material basis. (Approximately 10% of contract amount.) B. Engineering and Landscape Architectural Construction Administration 1. Provide Civil Engineering support services necessary to assist with the construction administration by furnishing the following services: a. Assist the City in the review and evaluation of bids for civil engineering -related items. b. Assist the City in the clarification of documents, specifications and the preparation of addenda for civil engineering -related items. c. Assist the City in the review of contractor submittals, schedules, shop drawings, requests for information, and project data for civil engineering -related items. d. Provide consultation services during the course of constructing civil engineering items to coordinate civil engineering issues with the City and Contractor. Included in this item is attendance at up to five periodic on -site meetings as well as weekly status meetings at the City. e. Prepare a profile for the replacement of the sewer main in Harrison Avenue and 231d Street. f. Prepare site walk punch list for surface improvements only from visual observation. Ms. Barbara Tipton August 21, 2009 Page 3 of 12 2. Provide Landscape Architectural support services necessary to assist with construction administration by furnishing the following: a. Responding to Landscape RFI's. b. Select project palrn trees at supplier's site. c. Assist the Contractor with spotting and placing trees and palms_ d. Perform pre -maintained walk-through and prepare report. e. Perform final walk-through and prepare report. 3. Prepare as -built drawings for the improvements. This item includes only the drafting services necessary to incorporated as -built information from the construction records furnished by the Contractor and City Inspector. While this information will be assumed to be accurate and reliable, Rick Engineering Company will accept no liability for use or reliance on said as -built information. Specifically excluded from this agreement are surveying services (if required), to determine as -built locations of grading, improvements or utilities. FEE We will perform the services described above for the labor amounts listed below. Where compensation on a time and materials basis is shown, labor fees will be billed according to our current Schedule of Hourly Rates (attached) with a labor budget not to exceed the amounts indicated without additional authorization. The Client will be billed on a monthly basis for each item as the work progresses_ For progress billing purposes, the fee shall be divided as follows: A. Staking Services 1. Demolition / Saw Cut 2. Grading 3. Grade Check 4. Sewer Main and Laterals 5_ Water $ 1,400.00 $ 1,400.00 $ 700.00 $ 2,500.00 $ 1,500.00 Ms. Barbara Tipton August 21, 2009 Page 4 of 12 6. Curb $ 5,900.00 7. Street Lighting $ 1,400.00 8. Hardscape $ 7,600.00 Staking Sub -Total: $ 22,400.00 9. Miscellaneous Staking (Time & Materials) $ 2,000.00 Total Staking: $ 24,400.00 B. Construction Administration 1. Civil Engineering Support $ 18,000.00 2. Landscape Architect Support $ 5,500.00 3. As-Builts $ 2,000.00 Total Construction Administration: $ 25,500.00 C. Reimbursable $ 3,500.00 Total Contract: $ 53,400.00 Fees and expenses will be billed monthly as the work progresses and the net amount shall be due within thirty (30) days from the date of receipt of the invoice in the Client's office. Not included are any items not specifically referred to above. The enclosed Standard Provisions of Agreement are incorporated herein and made a part of this agreement. If notice is delayed for any reason beyond sixty (60) days, it is understood by the parties that the terms and conditions contained herein are subject to revision. Two originals of this agreement are being provided. If you would like us to proceed on this work as outlined above, we ask that you please sign and return one of the agreements as our written authorization. Ms. Barbara Tipton August 21, 2009 Page 5 of 12 If you have any questions regarding this agreement, please contact me directly. Thank you for requesting Rick Engineering Company to provide these services_ Sinceily, NY John D. Goddard, Jr.. Associate Principal RCE 33037 JDG:jb:K:proposa1\12861 P Manna Gateway Streetscape Enclosures APPROVED BY: Signature Date RICK ENGINEERING COMPANY Page 6 of 12 Standard Provisions of Agreement: California The Client and Consultant agree that the following provisions shall be a part of their Agreement: I. This Agreement shall be binding upon the heirs, partners, successors, executors, administrators and assigns of the Client and Consultant. 2. In the event of any increase of costs due to the granting of wage increases and/or other employee benefits to field or office employees due to the terms of any labor agreement, rise in the cost of living, or increase in any applicable prevailing wage during the lifetime of this Agreement, such increase shall be applied to all remaining compensation. For services provided on a time and materials or hourly rate basis, increases in the applicable rates will be reflected in the billing statement or invoice for the month following the increase. 3. Should litigation at law or equity arising out of this Agreement, including but not limited to an action for declaratory relief, be brought to enforce or interpret any term or provision of this Agreement, or to collect any portion of the amount payable under this Agreement or litigation commenced either directly or by way of a cross - complaint whether arising out of contract or tort, including a cross -complaint for indemnity, for failure or alleged failure to perform or for errors, omissions, or negligence, the prevailing party shall be entitled, in addition to any other award, to all litigation and collection expenses, any and all costs of defense, including attorney's fees, expert witness fees, witness fees and court costs and any and all other expenses incurred. 4. Neither the Client nor Consultant shall assign his interest in this Agreement without the written consent of the other. 5. This Agreement shall be governed by and construed in accordance with the laws of the State of California. This Agreement contains the entire agreement between Client and Consultant relating to the project and the provision of services by Consultant to the project. Any agreements, promises, negotiations or representations not expressly set forth herein, are of no force or effect. Subsequent modifications to this Agreement shall be in writing and signed by both Client and Consultant_ 6. Conditions or representations, alterations, detractions from or to the terms hereof, including delineations hereon, shall not be valid unless they are in writing and signed by both Client and Consultant. 7. All agreements on Consultant's part are contingent upon, and Consultant shall not be responsible for damages or be in default or be deemed to be in default by reason of delays in performance by reason of strikes, lockouts, accidents, acts of God and other delays unavoidable or beyond Consultant's reasonable control, or delays caused by failure of Client or Client's agents to furnish information or to approve or disapprove Consultant's work promptly, delays in approval by governmental agencies or other consultants performing services on behalf of Client or due to late, slow or faulty performance by Client, other contractors or governmental agencies. 3. In the event litigation is instituted under the terms and conditions of this Agreement, such litigation is to be brought and tried in the appropriate court in the state and county in which the project is located and the parties waive the right to have brought, tried in, or removed to any other county or judicial jurisdiction. 9. Client acknowledges that Consultant is not responsible for the performance of work by third parties, including, but not limited to, the construction contractor(s), subcontractors, governmental agencies, construction managers, architects or other consultants. 10. Consultant shall only act as an advisor in all governmental relations_ Consultant shall not be liable for damages resulting from the actions or inactions of governmental agencies including, but not limited to, permit processing, environmental impact reports, dedications, general plans and amendments thereto, zoning matters, annexations or consolidations, use or conditional use permits, project or plan approvals and building permits. 11. Consultant makes no warranty, either express or implied, as to the findings, recommendations, plans, specifications, or professional advice. Consultant shall perform in accordance with generally accepted engineering and/or surveying practices or standards in effect at the time of performance in the locale where the services are rendered. 12. Consultant makes no representation, guarantee, warranty, express or implied concerning estimated cost figures made in connection with maps, plans, specifications or drawings, other than that all such figures are estimates only. Consultant shall not be responsible for fluctuations in cost factors. ' - REC 12/05 6 RICK ENGINEERING COMPANY Page 7 of 12 Standard Provisions of Agreement: California 13. Consultant makes no representations concerning estimates of areas. Estimates of areas are estimates only and are not to be considered precise unless Consultant specifically agrees to provide the precise determination of such areas. 14. Client and Consultant agree to cooperate in any and every way or manner on project. 15. Consultant makes no representation, either express or implied, concerning soils or geological surveys or subsurface soil tests or general soils testing and reporting. 16. Upon written request, each of the parties hereto shall execute and deliver, or cause to be executed and delivered, such additional instrwnents and documents which may be necessary and proper to carry out the terns of this Agreement. 17. The teens and provisions of this Agreement shall not be construed to alter, waive, or affect any lien or stop notice rights which the Consultant may have for the performance of services under this Agreement. 18. One or more waivers of any term, condition or covenant by a party shall not be construed as a waiver of subsequent breach of the same or any other tern, condition or covenant. 19. In the event Client fails to pay Consultant promptly or within sixty (60) days after invoices are rendered, then Client agrees that Consultant shall have the right to consider said default a total breach of this Agreement and, upon written notice, the duties, obligations and responsibilities of the Consultant under this Agreement are terminated. In such event, Client shall then promptly pay the Consultant for all the fees, charges, and services performed to date by Consultant. 20. In the event any term, condition, covenant or provision of this Agreement shall be held to be invalid, void or unenforceable, the remaining terns, conditions, covenants and provisions of this Agreement shall be valid and binding on the parties hereto. 21. The Client agrees it will require that the Contractor hold harmless, indemnify and defend the Client, the Architect, the Consultant and its sub -consultants, and each of their officers, directors, principals, employees and agents, from any and all liability claims, losses or damages arising or alleged to arise from the performance of the work described herein, but not including the negligence or willful misconduct of the Client, the Architect or the Consultant or their respective sub -consultants, officers directors, principals, employees and agents. 22. The Client shall indemnify and hold Consultant harmless with regard to all liability or claims of any kind, including all investigation and defense costs, connected directly or indirectly with this project, which liabilities or claims do not result from the negligence or willful misconduct of the Consultant. 23. Consultant has a right to complete all services agreed to be rendered pursuant to this Agreement. In the event this Agreement is terminated before the completion of all services, unless Consultant is responsible for such early termination, Client agrees to release Consultant from all liability for services performed. 24. In the event work prepared or partially prepared by the Consultant be suspended, abandoned, or terminated, the Client shall pay the Consultant for all work, fees, deposits, charges and services provided, not to exceed any maximum amount specified herein. Client acknowledges if project work is suspended and restarts, there may be additional charges due to suspension which shall be paid by Client as extra work. 25. CIient agrees that if Client requests services not specified pursuant to the scope of services described within this Agreement, Client agrees to pay all such additional services as extra work if authorized in writing. 26. Consultant shall be entitled to immediately, and without notice, suspend the performance of any and all of its obligations pursuant to this Agreement if Client files a voluntary petition seeking relief under the United States Bankruptcy Code or if there is an involuntary bankruptcy petition filed against Client in the United States Bankruptcy Court, and that petition is not dismissed fifteen (15) days after its filing. Any suspension of services made pursuant to the provisions of this Paragraph shall continue until such time as this Agreement has been fully and properly as- sumed or adequate assurance provided in accordance with the applicable provisions of the United States Bankruptcy Court and in compliance with the final order or judgments issued by the Banlo-nptcy Court. 27. If payment for Consultant's services is to be made on behalf of CIient by a third party, Client agrees that Consultant shall not be required to indemnify the third REC 12/05 7 RICK ENGINEERING COMPANY Page 8 of 12 Standard Provisions of Agreement: California party, in the form of an endorsement or otherwise, as a condition of receiving payment for services. 28. Client agrees to purchase and maintain, during the course of construction, builder's liability special peril or other similar insurance which will name Consultant as an additional insured. CIient also agrees to require the contractor or contractors to purchase and maintain liability insurance, including broad form general liability coverage, comprehensive bodily injury, broad form property damage, independent contractors insurance, completed operations and contractual liability coverage, and the exclusions for explosion, collapse or underground coverage shall be deleted; automobile including bodily injury, property damage, owned, non -owned and hired vehicles; and worker's compensation insurance including employers liability coverage, all of which shall name the Client and Consultant as additional insureds. Certificates of such insurance shall be provided to Consultant and the certificate(s) shall include provisions that the above policies are primary and non-contributory with Consultant's insurance and that coverage will not be canceled unless at least thirty days prior written notice has been given to Consultant. 29. In the event that the plans, specifications, and/or field work covered by this Agreement are those required by various governmental agencies and one or more such governmental agency changes its policies, ordinances, procedures or requirements after the date of this Agreement, any additional office or field work required, shall be paid by Client as extra work. 30. Services provided within the Agreement are for the exclusive use of the Client. Nothing contained in this Agreement shall be construed to be for the benefit of any person not a party to this Agreement and no third party beneficiary rights are created. 3I. All original papers, drawings, notes, documents and other work product of Consultant, and copies thereof, produced as a result of the Agreement represent profes- sional services, shall remain the property of the Consultant, and Consultant shall retain all copyright and other ownership interests. Client shall have a nonexclusive license to use Consultant's work product and any items in which Consultant maintains ownership and/or copyright interest so tong as all fees to be paid under this Agreement have been paid. Any nonexclusive license Client obtains under this Agreement terminates upon the termination of • this Agreement. Consultant's work product may be used by Consultant without consent of the Client. 32_ In the event that any changes are made in the plans and/or specifications by the Client or persons other than the Consultant, and such changes are not consented to in writing by Consultant, Client acknowledges that the changes and their effects are not the responsibility of Consultant and Client agrees to release Consultant from all liability arising from the use of such changes and agrees to defend, indenvfy and hold Consultant, its officers, directors, principals, agents and employees harmless from and against all claims, demands, damages or costs arising from the changes. 33. Client agrees not to use or permit any other person to use plans, drawings or other work product prepared by Consultant, which plans, drawings or other work product are not signed and stamped or sealed by Consultant and/or are not final. Client agrees to be liable and responsible for any use of non -final plans, drawings or work product or plans, drawings or work product not signed, and stamped or sealed by Consultant and waives liability against Consultant for their use. Client further agrees that final plans, drawings and other work products are for the exclusive use of Client and may be used by Client only for the project described•in this Agreement. 34. In the event that any staking is destroyed, damaged or disturbed by an act of God or parties other than Consultant, the cost of re -staking shall be paid for by the Client as extra work. If the scope of services provided for pursuant to this Agreement does not include construction staking by Consultant, Client acknowledges that changes, clarifications, adjustments and modifications may be necessary because of changed field or other conditions. Client will indemnify and defend Consultant for construction staking by others and from claims arising from changes, clarifications, adjustments and modifications which may be necessary to reflect changed field or other conditions, except claims caused by the negligence or willful misconduct of Consultant. 35. Questions concerning location or changes in con- struction stakes or questions concerning information on plans and specifications must be called to the attention of the Consultant upon discovery and before corrective remedy. 36. The Consultant shall be notified 24 hours in advance, so that he may check forums, for grade and alignment only, prior to the pouring of concrete for cast -in -place concrete REC 12/05 8 RICK ENGINEERING COMPANY Page 9 of 12 Standard Provisions of Agreement: California structures, thrust blocks, electrical boxes, bridge abuhnents or piers, or any similar structures staked by Consultant. Consultant can assure compliance to proper grade and alignment only when it has been advised to check in advance. 37.(a) If the scope of services to be provided by Consultant pursuant to the terms of this Agreement include the preparation of engineering drawings but exclude construction staking services; Client acknowledges that such services normally include coordinating civil engi- neering services and the preparation of as -built drawings pursuant to Uniform Building Code Chapter 70 and/or other statutes, ordinances or laws, and Client will be required to retain such services from another consultant or pay Consultant pursuant to this Agreement for such services as extra work. (b) If the scope of services to be provided by Consultant pursuant to the terms of the Agreement, include construction staking services, but exclude the preparation of the engineering drawings to be used for construction and construction staking, Client acknowledges the coordination of civil engineering services and the preparation of as -built drawings as required by statute, ordinance or law may require the retention by Client of another consultant or the original consultant responsible for the design, or pay Consultant pursuant to this Agreement for such services as extra work. Client acknowledges that if Consultant is retained to prepare as -built drawings of plans prepared by others, Client will indemnify, defend and hold Consultant harmless from any and all liability in connection with the plans and specifications prepared by others, and the performance of work by Consultant on this project as set forth in Paragraph 44. 38. In the event Client discovers or becomes aware of apparent errors or omissions, field conditions or dis- crepancies during the construction phase of the project, which apparent errors or omissions, field conditions or discrepancies are resolvable by Consultant, Client agrees to notify Consultant and engage Consultant to resolve the problem before construction activities commence or further construction activity proceeds. Further, Client agrees to have a provision in its construction contracts for the project which require the contractor to notify Client of any such apparent errors or omissions, field conditions or discrepancies so that Client may, in turn, notify Consultant pursuant to the provisions of this Paragraph. 39. Client shall pay the costs of checking and inspection REC 12/05 fees, zoning and annexation application fees, assessment fees, soils engineering fees, soil testing fees, aerial to- pography fees, and other fees and deposits, permits, bond premiums, title company charges, blueprints and reproductions, and all other charges not specifically covered by the terms of this Agreement. 40. All fees and other charges will be billed monthly as the work progresses and the net amount shall be due at the time of billing. 41. A late payment CHARGE will be computed by the Consultant at the periodic rate of 1.5% per month, not to exceed the maximum legal rate, which will be applied to any unpaid balance commencing thirty (30) days after the date of the original billing. 42. Client agrees that the balance as stated on the billings from Consultant to Client are correct, conclusive and binding on the Client unless Client within forty-five (45) days from the date of receipt of such billing, notifies Consultant in writing of the particular items that are alleged to be incorrect. 43. In consideration of the Consultant's fee for services, the Client agrees that the Consultant will perform no onsite construction review, construction management, supervision of construction of engineering structures or other construction supervision for this project unless specifically contracted for; that such services will be provided by others; and that the Client shall defend, indemnify and hold the Consultant, its officers, directors, principals, agents and employees harmless from any and all liability, real or alleged, arising or resulting from the performance of construction review, construction management, supervision of construction of engineering structures or supervision by others. Further, Client acknowledges that Consultant will be unable to correct errors or omissions in the plans which customarily become apparent and resolvable during the course of construction review. 44. Client agrees that, in accordance with generally accepted construction practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property; that this requirement shall be made to apply continuously and not be limited to normal working hours. The Client further agrees to defend, indemnify and hold the Consultant harmless from any and all liability in connection with the performance of work on this project, excepting liability 9 RICK ENGINEERING COMPANY Page 10 of 12 Standard Provisions of Agreement: California arising from the negligence or willful misconduct of the Consultant. 45. Client agrees to limit the liability of Consultant, its principals and employees to the Client, all contractors and subcontractors on the project, due to professional negligent acts, errors or omissions of the Consultant, breach of contract or any other cause of action however pled to the sum of $50,000 or the Consultant's fee, whichever is greater; except that if the contract amount, including any addenda or other contracts pertaining to or covering services related to the project, exceeds $150,000, the liability of Consultant shall not exceed $150,000. Client further agrees to notify any contractor and subcontractor who may perform work in connection with any design, report or study prepared by Consultant of such limitation of liability, and to require as a condition precedent to their performing their work, a like indemnity of liability on their part as against the Consultant. 46. The Client hereby agrees to bring no claim for negligence, breach of contract, indemnity or otherwise against the Consultant, its principals, employees and agents if such claim, in any way, would involve the Consultant's services for the investigation, detection, abatement, replacement, use or specification, or removal of products, materials or processes containing asbestos, asbestos cement pipe, and/or hazardous materials (as defined by state, federal and/or local laws or ordinances). Client further agrees to defend, indemnify and hold harmless Consultant, its officers, directors, principals, employees and agents from any asbestos, asbestos cement pipe, and/or hazardous waste material related claims that may be brought by third parties as a result of the services provided by the Consultant pursuant to this Agreement except claims caused by the negligence or willful misconduct of the Consultant. 47. Client acknowledges that Consultant's scope of services for this project do not include any services related, in any way, to asbestos and/or hazardous waste. Should Consultant or any other party encounter such materials on the job site, or should it in any way becorne known that such materials are present or may be present on the job site or any adjacent or nearby areas which may affect Consultant's services, Consultant may, at its option, terminate work on the project until such time as Client retains a specialist contractor to abate and/or remove the asbestos and/or hazardous waste materials and warrant that the job site is free from any hazard which may result from the existence of such materials. 48. Digital data files shall be provided to Client only if REC 12/05 such delivery has been specified in the scope of services set forth in this Agreement. If the scope of services does not specify that digital data files shall be delivered, all costs associated with delivery of digital data files shalt be paid by Client. Client agrees that all digital data files delivered by Consultant are to be used exclusively to fulfill the scope of this Agreement. Client agrees to hold Consultant harmless for any use by client of this data outside or beyond the scope of this Agreement- 49. Consultant makes the following representations as to the compatibility of digital data files: (a) All data files are to be used with compatible hardware and software versions as used by Consultant at the time file copies were created. (b) Consultant makes no representation as to the compatibility of any data files other than for the hardware and software versions used by Consultant to create the data files. (c) Client agrees to hold Consultant harmless for any use of data files on any hardware or software versions other than those which were used by Consultant to create them. (d) If Client requires or requests any special or specific file structure, format or software that is different from those used by Consultant at the time Consultant is performing the services set forth in this Agreement, unless otherwise specified in this Agreement, all costs associated with creating the file structure or format, and/or acquiring necessary software and/or hardware, shall be the responsibility of Client 50. After the time final data files have been delivered per terms of this Agreement, Consultant will not be held responsible for maintaining copies of any digital data related to this Agreement. 51. Client agrees that if formats for deliverables of digital files are not specified in this Agreement, they will be delivered using the standards and versions of Consultant at the time of creation. 52. Client agrees not to use any digital files (drawing or data file), in whole or in part, for any purpose or project other than the project which is the subject of this Agreement. Client waives any and all claims against Consultant resulting in any way from any changes not authorized and/or authored by Consultant and/or reuse of 10 RICK ENGINEERING COMPANY Page 11 of 12 Standard Provisions of Agreement: California the drawings or data for any other project without the express written consent by Consultant. The transfer of drawings or data in electronic media or forrnat shall not be deemed a sale, and Consultant makes no warranties, either express or implied, of merchantability or fitness for a particular purpose. 53. Because data stored on electronic media can deteriorate undetected or be modified without the Consultant's knowledge, the Client agrees that it will accept responsibility for the completeness, correctness, or readability of the electronic media after an acceptance period of 30 days after delivery of the electronic files, and that upon the expiration of this acceptance period, client will indemnify and save harmless the Consultant for any and all claims, losses, costs, damages, awards or judgments arising from use of the electronic media files or output generated from them. The Consultant agrees that it is responsible for the accuracy of the sealed drawings that accompany the submittal, and that such accuracy is defined as the care and skill ordinarily used by members of the Consultant's profession practicing under similar conditions at the same time and in the same locality. Consultant makes no warranties, express or implied, under this Agreement or otherwise, in connection with the Consultant's services. 54. Prior to the commencement of any legal action, in an effort to resolve any conflicts that arise during the design or construction of the project which is the subject of this Agreement, or following completion of the project, Client and Consultant agree that all disputes between them arising out of or relating to this Agreement, the services performed pursuant to this Agreement, or relating in any way to the project, shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. Each party shall be represented at the mediation by a person or persons with the authority to bind the party to any agreement, obligation or resolution resulting from the mediation_ Each of the parties agrees to include a similar mediation provision in all agreements with any other contractors and consultants retained for the project and to require such contractors and consultants to include a similar provision in all agreements with subcontractors, subconsultants, suppliers or fabricators, thereby providing mediation as the primary method for dispute resolution between the parties to those agreements. RFC 12/05 11 TM 3NGINEERENG COMPANY Page 12of12 Hourly Rates - California Offices February 28, 2009 - August 28, 2009 Principal Consultant (Special Projects) $ 190.00 Principal 175.00 Associate Principal 160.00 Associate/Manager 150.00 Principal Project Engineer/Manager 130.00 Associate Project Engineer/Manager 125.00 Assistant Project Engineer/Manager 1 15.00 Principal Engineering Designer 107.00 Associate Engineering Designer 102.00 Assistant Engineering Designer 97.00 Principal Engineering Drafter 89.00 Associate Engineering Drafter 82.00 Assistant Engineering Drafter 74.00 Principal Construction Engineer/Manager $130.00 Associate Construction Engineer/Manager 125.00 Assistant Construction Engineer/Manager 115.00 Principal Construction Technician 107.00 Associate Construction Technician 102.00 Assistant Construction Technician 97.00 Principal Transportation/Traffic Engineer $130.00 Associate Transportation/Traffic Engineer 125.00 Assistant Transportation/Traffic Engineer 115.00 Principal Transportation/Traffic Designer 107.00 Associate Transportation/Traffic Designer 102.00 Assistant Transportation/Traffic Designer 97.00 Director of Planning $160.00 Principal Project Planner 150.00 Senior Project Planner 125.00 Assistant Project Planner 115.00 Senior Planner 107.00 Associate Planner 102.00 Assistant Planner 97.00 Senior Planning Technician 89.00 Associate Planning Technician 82.00 Assistant Planning Technician 74.00 Planning Assistant 60.00 Principal Water Resources Designer $107.00 Associate Water Resources Designer 102.00 Assistant Water Resources Designer 97.00 Associate Landscape Architect $140.00 Principal Project Landscape Architect/ivlanager 125.00 Associate Project landscape Architect/Manager 1 15.00 Assistant Project Landscape Architect/Manager 105.00 Principal Landscape Designer 97.00 Associate Landscape Designer 92.00 Assistant Landscape Designer 87.00 Principal Landscape Drafter 76.00 Associate Landscape Drafter 71.00 Assistant Landscape Drafter 65.00 Associate Environmental Project Manager $125.00 Assistant Environmental Project Manager 115.00 Principal Environmental Specialist 107.00 Associate Environmental Specialist 102.00 Assistant Environmental Specialist 97.00 Environmental Technician 74.00 Expert Witness $300.00 Court Appearance per half day or part 1,200.00 Photogrammetry Supervisor $135.00 Principal Photogrammetrist 105.00 Associate Photogrammetrist 95.00 Assistant Photogrammetrist 93.00 GIS Manager $150.00 Principal GIS Analyst $105.00 Associate GIS Analyst 100.00 Assistant GIS Analyst 93.00 Principal Computer Graphics Editor 88.00 Associate Computer Graphics Editor 83.00 Assistant Computer Graphics Editor 73.00 Field Supervisor $130.00 One -person Survey Party 105.00 Two -person Survey Party 170.00 Three -person Survey Party 235.00 Prevailing wage rates for Survey Parties slightly higher Computing & Mapping Director $130.00 Principal Survey Analyst 120.00 Associate Survey Analyst 105.00 Assistant Survey Analyst 90.00 GPS Pre-planning/Post-processing 120.00 GPS Survey Party 85.00/person/hour Associate Project Administrator $60.00 Assistant Project Administrator 43.00 Administrative Assistant 60.00 When authorized, overtime shall be charged at the listed rates times 1.3. Unless otherwise agreed upon, we shall charge for printing, reproduction, deliveries, transportation, and other expenses. A ten (10) percent fee for administration, coordination and handling will be added to all subcontracted services. City of National City, California COUNCIL AGENDA STATEMENT JEETING DATE October 6, 2009 AGENDA ITEM NO. 9 ITEM TITLE Resolution of the City Council of National City approving a contract agreement between the City and Wade & Associates for the Not -to -Exceed amount of $200,000 for a one year period to provide on -call professional engineering, financing, surveying, project/construction management and inspection services for various Capital Improvement Projects and authorizing the Mayor to execute the agreement (Various Capital Improvement Project funds) PREPARED BY Barby Tipton DEPARTMENT Development Services EXT. 4583 EXPLANATION Engineering Division See attached explanation J Environmental Review X N/A MIS Approval !� Financial Statement Approved By: V Finance Director There is no financial impact at this time. As needed, any and or all CIP account numbers will be used to fund this agreement, at which time a supplement to the agreement will be processed showing the actual amount and account number to be charged. Account No. STAFF RECOMMENDA solution. BOARD / COM SSI N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Contract Agreement cwade A-200 (Rev. 7/03) EXPLANATION: The Engineering Division of Development Services solicited Request for Proposals (RFP) from professional Engineering firms to provide general engineering, construction inspections and project management for various Capital Improvement Projects for fiscal year 2009-2010. Eleven RFPs were received. The Engineering Division reviewed the proposals, taking into consideration, among other things, the past performance history (if any), the type of services offered, and the cost to the City. Four firms were selected to provide the needed on -call services, with Wade and Associates having the not -to -exceed amount of $200,000 for a period of one year. Supplements to the agreement will be processed to account for actual amounts and project(s) to be charged. The on -call Consultant will provide support services including specifications and plans preparation services, general engineering assistance, construction management and construction inspection, and budget management as needed for the City's Capital Improvement Projects. As the CIP projects are awarded, the City will request a proposal from the On -call consultant that outlines the detailed scope of work using the rates received from this proposal. Staff recommends approval of Resolution. RESOLUTION NO. 2009 — 237 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH WADE & ASSOCIATES FOR THE NOT -TO -EXCEED AMOUNT OF $200,000 FOR A ONE-YEAR PERIOD TO PROVIDE ON -CALL PROFESSIONAL ENGINEERING, FINANCING, SURVEYING, PROJECT / CONSTRUCTION MANAGEMENT, AND INSPECTION SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS WHEREAS, the City desires to employ a consultant to provide on -call Professional Engineering Financing, Surveying, Project/Construction Management, and Inspection Services for various capital improvement projects; and WHEREAS, the City has determined that Wade and Associates is qualified by experience and ability to perform the services desired by the City, and Wade and Associates is willing to perform such services for the not -to -exceed amount of $200,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Wade and Associates for a one-year period to provide on -call Professional Engineering Financing, Surveying, Project/Construction Management and Inspection Services for various capital improvement projects for the not -to -exceed amount of $200,000. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of October, 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 WADE & ASSOCIATES THIS AGREEMENT is entered into this 6th day of October, 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Wade & Associates, (the CONSULTANT). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call general engineering services, construction inspections and project management services for the City's Capital Improvement projects. WHEREAS, the CITY has determined that the CONSULTANT is a project management firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services on an on -call basis. The scope of work will be defined for each project in accords with Exhibit A. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 5% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Barbara Tipton hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Byron Wade thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on actual work requested and performed, not -to -exceed $200,000.00. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Work to begin upon receipt of signed agreement from the CITY and terminates on October 6, 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. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to 2 City's Standard Agreement - June 2008 revision the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. 3 City's Standard Agreement — June 2008 revision B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 4 City's Standard Agreement — June 2008 revision 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANTS, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. 1. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII 5 City's Standard Agreement — June 2008 revision according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. 6 City's Standard Agreement — June 2008 revision D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, teiecopy, 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, teiecopy, 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: City of National City Maryam Babaki, Director of Development Services 1243 National City Blvd National City, CA 91950 Byron Wade Wade & Associates 11320 Meadow View Road El Cajon, CA 92020 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, 7 City's Standard Agreement — June 2008 revision either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 8 City's Standard Agreement — June 2008 revision K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY WADE & ASSOCIATES (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one s gnatu j By: By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney (Print) (Title) By: (Name) (Print) (Title) 9 City's Standard Agreement — June 2008 revision WADE & ASSOCIATES PLANNING ENGINEERING PROJECT MANAGEMENT August 26, 2009 City of National City Development Services/Engineering Division Attention: Din Daneshfar, P.E., Principal Civil Engineer 1243 National City Boulevard National City, California 91950 RE: Request for Proposal for On -Call Professional Engineering, Financing, Surveying, Design, Project/Construction Management and Inspection Services. Dear Din Daneshfar, Thank you for the opportunity to submit a proposal for your on -call professional services. Wade & Associates recently expanded our scope of services available to include civil engineering, management/financial analysis and planning. We gathered a team of highly qualified specialists in each field to provide clients with the highest level of professional service available. By including these additional services we expect to be able to carry any of your projects from concept to completion. Since 2003 we have been the premier public works project management company in San Diego County with a perfect record of project completion for over 40 projects. Our main clients are the Centre City Development Corporation and the City of National City. As the principal at Wade & Associates I have over 23 years of experience in public work projects with a perfect delivery record. Wade & Associates is also teaming up with proven local firms in this proposal to provide other areas of expertise you may require in accordance with your RFP for on -call services. We look forward to working with you on many future projects and to continue to deliver successful projects. Sincerely, ade cipal Attachments 656 Fifth Avenue, Suite W San Diego, California 92101 Tel (619) 244-3418 Fax (619) 794-0180 byronwade1@mac.com Request for Proposal for On -Call Services City of National City August 26, 2009 Scope of Services General Commitments: 1. Wade & Associates and partnering firms will provide to the City of National City all requested fee proposals within seventy-two hours of receipt of such requests and all proposals shall be prepared on the basis of the standard schedule of fees stated within this proposal. 2. All engineering services provided will be performed and deliverables produced in accordance with the project drawings and specifications, Standard Specifications for Public Works, San Diego Area Regional Standard Drawings, Standard Specifications for Public Works Construction, Caltrans Standard Specifications and Drawings, California and Federal regulations as required. 3. Wade & Associates and partners will certify and execute an affidavit to refrain from performing any services that may lead to a conflict of interest with National City interests and will inform National City of any potential conflicts of interest. 4. Services will be provided efficiently and in a timely fashion. 5. Billings and invoices will be submitted in a form and substance in accordance with National City policies. 6. Wade & Associates will work with National City and its staff in a partnering environment where the needs and ideas of the City and its staff are paramount. 7. Wade & Associates will provide periodic updates and suggestions to the Standard Specifications for Public Works, San Diego Area Regional Standard Drawings, Standard Specifications for Public Works Construction, Caltrans Standard Specifications and Drawings, California and Federal regulations. These updates and suggestions are considered good client relations and will be provided at no cost to National City. Staffing: Wade & Associates Principal Project Manager, Minimum 15 years experience in managing complex public works projects. Directly manages projects and coordinates all phases of the project. Is the direct contact and responsible person to the City and all participants in any project. Project Manager Works under the directions of the Principal Project Manager and performs general project management duties. Principal Civil Engineer Licensed Civil Engineer in the State of California with at least 15 years experience in the design and construction of public works projects. Oversees the engineering of all projects; writes and processes state and federal grant applications. 656 Fifth Avenue, Suite W WADE & ASSOCIATES San Diego, Califomia 92101 2 Tel (619) 244-3418 Fax (619) 794-0180 byronwade1@mac.com Request for Proposal for On -Call Services City of National City August 26, 2009 Assistant Engineer II/Project Coordinator (available for on -site placement/support) Engineering Degree with a minimum of 5 years experience in the design of public works projects. Experience designing/permitting projects with local and state agencies. Works independently on all facets of project management, design and grant writing. Engineering work is reviewed and approved by the Principal Civil Engineer. Assistant Engineer II/Project Coordinator (available for on -site placement/support) Engineering Degree. Can work independently on many facets of project management but works under the supervision of the Principal Civil Engineer for engineering tasks and Principal Project Manager for all other tasks. Principal Planner 15 years experience minimum as a City Planner in California. Can perform all duties required of a City Planning Department. Financial/Management Analyst 11 (available for on -site placement/support) Degree in Finance, Accounting or Business Administration. Minimum of 5 years experience as an analyst, or an accountant. Is able to work independently on a multitude of projects that involve financial reporting, accounting, budgeting, grant writing and analysis. Financial/Management Analyst I (available for on -site placement/support) Degree in Finance, Accounting or Business Administration. Is able to work independently on a multitude of projects that involve financial reporting, accounting, budgeting and analysis, but may require more direction and oversight. Typically a recent college graduate. CAD Operator/Administration Assistant Completely versed and capable in producing CAD drawings for civil engineering projects. Ability to develop spreadsheets and reports. Can maintain files and certified payroll records. Public Works Inspector Minimum 5 years experience with public works project design or inspection. Works directly under and reports to the Principal Project Manager. Oriel Engineering Will be providing structural engineering services. Please see attachment from Orie2 Engineering for available staff, Fee Schedule, Statement of Qualifications and Relevant Experience. May Group, Inc. Will be providing surveying services that can include, boundary, topographical, site planning, subdivision, control, construction and court exhibit surveys. Please see the attachment from May Group for available staff and Fee Schedule. May Group is a Civil Engineering firm in San Diego licensed to perform surveying with an experienced crew and modern equipment immediately available for service. 656 Fifth Avenue, Suite W WADE 8c ASSOCIATES San Diego, California 92101 3 Tel (619) 244-3418 Fax (619) 794-0180 byronwade1@mac.com Request for Proposal for On -Call Services City of National City August 26, 2009 Environs Landscape Architecture, Inc. Environs is a local Landscape Architecture firm. Its principal, Marty Schmidt, has been a local licensed Landscape Architect for over 20 years with local municipality experience and many awards for design excellence. Please see the attachment from Environs for company information, available staff and Fee Schedule. Scope of Services: Wade & Associates and its partners in this RFP can and will provide as requested all aspects of project planning, grant applications, project financial/budget analysis and reporting, project design and management from concept to completion. Examples of tasks that can be performed may include, (but are not limited to): Planning Phase • Develop all aspects and requirements of a general plan or any other city planning requirements. Project Concept/Finance Phase • Provide Management Analyst support for the CIP projects including but not limited to: budgeting, account reconciliation, grant reporting, and certified payroll review. • Prepare and process state and federal grant applications. Schematic Design Phase • Prepare as -built drawings of existing conditions. • Prepare schematic design drawings for the proposed improvements. • Review existing utility facility drawings and locate/relocate accordingly. • Develop preliminary construction cost estimate for the planned improvements. • Attend meeting with the City and other parties to discuss program and review schematic design concepts. Field Engineering Survey Phase • Boundary Survey • Topographic Survey • Site Planning Survey • Subdivision Survey • Control Survey • Construction Survey • Court Exhibit Survey Construction Document Phase • Prepare drawings and specifications to current standards that are suitable for bidding. • Work with National City staff and stakeholders and incorporate plan check comments. • Develop detailed project cost estimates. 656 Fifth Avenue, Suite W WADE & ASSOCIATES San Diego, Califomia 92101 4 Tel (619) 244-3418 Fax (619) 794-0180 byronwade1@mac.com Request for Proposal for On -Call Services City of National City August 26, 2009 • Provide civil engineering, structural engineering, landscape architectural, surveying services and calculations necessary to the project design. • Conduct public outreach as required. • Provide project coordination with other governmental agencies, utilities and other City Departments, prepare and process permits, reports and documents as required. • Provide final original drawings, specifications and contract documents for bid packages. Bid Phase • Conduct pre -bid meetings. • Review and respond to RFI's and issue addenda. • Attend bid opening and assist in bid evaluations. • Make recommendations for actions on bid irregularities. Construction Administration Phase • Conduct pre -construction meetings. • Conduct community outreach as required. • Conduct as -needed site visits with the contractor. • Ensure contractor compliance with contract documents, specifications, state and federal regulations. • Hold weekly or Bi-weekly meetings and prepare agendas, meeting minutes, and chair all weekly progress and coordination meetings required by the specifications and as needed during the project. • Review and approve or take other appropriate action upon Contractor's submittals and shop drawings as required by contract documents. • Interpret contract documents (including all sub -consultant disciplines) for proper execution and progress of construction, including responding to contractor's requests for information and clarifications. Log and facilitate all Contractor Requests for Information (RFI), coordinating with National City staff and .assuring that RFIs are responded to expeditiously. • Make at least one scheduled site visit every week during the course of construction to observe the project, and prepare site visit report. Site visit shall include meeting with contractor and City representative to review progress of construction, review pending RFI and Change Order information, and observe the construction to verify work is proceeding in accordance with construction documents. Assist in reviewing and processing contractor's progress payment requests, and certifying the amount due to the Contractor. Revise contract documents resulting from City requested changes to documents previously approved by the City, or due to code or zoning changes made subsequent to City approval. • Provide services required because of significant changes in the project (not due to the design team's acts or omissions) including, but not limited to, size, quality, complexity, schedule, or the method for bidding and contracting for construction. 656 Fifth Avenue, Suite W WADE & ASSOCIATES San Diego, California 92101 5 Tel (619) 244-3418 Fax (619) 794-0180 byronwade1@mac.com Request for Proposal for On -Call Services City of National City August 26, 2009 • Assist in design revisions and project change order review, negotiate and make recommendations on Contractor- and Owner -generated construction contract change orders; address contract revisions, design changes, unanticipated field conditions, additional work requests, etc. Once reviewed, make recommendations to National City for review prior to responding to the Contractor. • Prepare contract revisions, if required, during construction to resolve problems due to unanticipated field conditions or other field changes. Consult with and advise National City on contract revision -related issues. • Provide scheduling services for periodic review, analysis and tracking of the Contractor's construction schedule. • Provide construction cost accounting services during the construction phase, including such tasks as progress payment review, cost accounting, budget tracking, general correspondence with National City, etc. • Facilitate any required materials testing required by the contract and shall coordinate and review lab, shop and manufacturers test reports, results of field materials testing, etc. Project Closeout Phase • Make site visits to perform Punch list Inspection, and one additional visit to perform Final Inspection. Punch list Inspection will include a detailed listing of all items remaining to be completed by the Contractor. Final Inspection will certify that all work has been completed in accordance with construction documents. • Assist National City staff with project closeout, including final acceptance, claims, negotiations, preparation of Notices of Completion, and making recommendations for final payment and release of retention or securities to the Contractor. These are just an outline of services that can be provided. Wade & Associates and its partners are able and willing to provide any other services within our areas of expertise as may be required by National City. 656 Fifth Avenue, Suite W WADE & ASSOCIATES San Diego, California 92101 6 Tel (619) 244-3418 Fax (619) 794-0180 byronwade1@mac.com Request for Proposal for On -Call Services City of National City August 26, 2009 Standard Fee Schedule: Wade & Associates Title Principal Project Manager Project Manager Principal Civil Engineer Assistant Engineer II/Project Coordinator Assistant Engineer I/Project Coordinator Principal Planner Financial/Management Analyst II Financial/Management Analyst I CAD Operator, Administrative Assistant Public Works Inspector Color Copies Binders CD's Oriel Engineering Title Senior Structural Engineer Senior Engineer Engineer I Technical Drafting Services Administrative Support Hourly Rate/Fee $150 $100 $165 $105 $75 $150 $75 $60 $68 $85 $1 /ea $26/ea $5/ea Hourly Rate $160 $135 $75 $75 $50 May Group, Inc. Title Hourly Rate* Prevailing Wage Rate* Principal Licensed Land Surveyor $150 $180 2-Person Survey Crew $175 $130 Land Surveyor, Office $100 $205 *State or Federal overtime rates will apply to on -site workers. Environs Landscape Architecture, Title Principal Landscape Architect Landscape Architect Landscape Designer Site Observation/Plant Material Selection Inc. Hourly Rate $125 $100 $80 $100 656 Fifth Avenue, Suite W WADE & ASSOCIATES San Diego, Califomia 92101 7 Tel (619) 244-3418 Fax (619) 794-0180 byronwade1@mac.com Request for Proposal for On -Call Services City of National City August 26, 2009 Materials, Productions and other Services (as authorized by National City) Item Copies Color Copies (8x10.5) Color Copies (11x17) Binders CD's D Sheet Paper Prints E Sheet Paper Prints Mylars Mileage, (other than to attend/work at City Hall) Other outside services (Le. postage, etc.) Fee $.20/ea $1/ea $2/ea $26/ea $5/ea $15/ea $17/ea $30/ea Fed. Rate (Currently, $.55/mile) Cost plus 10% The On -call services shall be provided for a period of 1-year from date of the signed agreement. Each Droiect will vary in hours needed Der week and will be defined by scone of work proposal The City shall have the right to interview and approve individuals selected to provide services to the City. Thank you for your consideration. 656 Fifth Avenue, Suite W San Diego, California 92101 WADE & ASSOCIATES 8 Tel (619) 244-3418 Fax (619) 794-0180 byronwade1@mac.com ACR ® CERTIFICATE OF LIABILITY INSURANCE PRODUCER Ahern Insurance Brokerage 9655 Granite Ridge Dr., #500 San Diego CA 92123 Phone: 858-571-9030 Fax:858-571-9010 INSURED Wade & Associates 656 Fifth Avenue Ste. W San Diego CA 92101 OP ID 'SG WADE&-1 DATE,Mld.DDYr'•r 05/20/09 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE 1 NAIC # INSURERFarnu.ngton Casualty Company i 41483 INSURER B: INSURER C: INSURER 0: INSURER E: \iv V THE ANY MAY POLICIES. fNSROD'L LTR LntivL.J POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING n REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. —j POLICY EFFECTNE '. POLICY EXPIRATION LIMITS NSRD ` TYPE OF INSURANCE POLICY NUMBER I DATE DAMIDDTYYYYI :DATE (MMIDD/YYYYI A - GENERAL LIABILITY 1 COMMERCIAL GENERAL LIABILITY I6804102M340 ! • ' 1 I • CLAIMS MAOE : X OCCUR - X (Business Owners .._.._.1 ) GENL AGGREGATE LIMIT APPLIES PER 1 POLICY I 1 JET I I LOG EACH OCCURRENCE DAMAGE TO RENTED 05/23/09 05/23/10 PREMISES (Es nocu/cnce) MED EXP (Any ono Pcrson) PERSONAL AADV INJURY GENERAL AGGREGATE PROOUCTS• CO$1PtOP AGO $ 1.000000 $ 300000 S 5000 $ 1000000 S 2000000 S 2000000 AUTOMOBILE . , - • — — - � A I X : •- ' . X LIABILITY ANY AUTO ALL OWNED AUTOS - - SCHEDULED AUTOS HIREOAUTOS NONOWNED AUTOS 1680410224340 ' . r . 05/23/09 • 05/23/10-BoatrwJuleY :(Pat - COMWNED SINGLE LIMIT (Ea accidonl) ... BODILY INJURY rot parson) accldaM) PROPERTY OHMAGE (Poi nccidwrt : $ 1000DOO __.. .. ....... ........ .. $ S ..__.....- _—.._._._...._._--. I I GARAGE LIABILITY i 1 ANY AUTO I ._._.•I I • I S AUTO ONLY -EA ACCIDENT _ i f _.__......__..__....-.. .__... ._....... EA = :_OTHER THAN ACC $ I AUTO ONLY:•. _ AGG.? S. ' EXCESS/ UMBRELLALMBRJTY I OCCUR CLAMS MAOE 1 ... I DEDUCTIBLE 1 71 RETENTION $ i EACH OCCURRENCE AGGREGATE 13 13 3 3 U I WORKERS COMPENSATION I AND EMPLOYERS LIABILITY YIN : ANY PROPRETORIPARTNERIEXECU IVE 1 OFFICERMEMBER EXCLUDED? 1 (Mandatory In NH) I IIyes•desuila SIO I SPECIAL PROVISIONS 4Nuw ' WC STATU- ! IOTM• ITWC STA75 ER ___.. i_._...__H............... E.L. EACH ACCIDENT : ......: .. ...__......... _.......... ' $ S $ ' El_ D1".EASE • EAEMPLOYEE E L OISCA,r'E •POLICY LIMO 1 OTHER A t .I6804102M340 I 05/23/09 05/23/10 PROPERTY Dedt 5150 500 DESCRIPTION OF OPERATIONS 1 LOCATIONS! VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Certificate holder is named as additional insured as respects their interest. Blanket additional insured. per the XTEND endorsement. Special form including theft. Business Income 12 months actual loss sustained. *10 day notice of cancellation in the event of non- payment • CERTIFICATE HOLDER CANCELLATIO City of National City 1243 National City Blvd. National City CA 91950 I ACORD 25 (2009101) CITYNA4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION OATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO 00 SO SHALL IMPOSE NO OBUGATION OR UABIUTY Of ANY 1OND UPON THEINSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 988-260�JA G'IRE O 0. 1IIrights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009101) POLICY NUMBER: z-6e0-43.0214340-ACJ-08 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of person or organization; CITY OP NATIONAL CITY 1242 NATIONAL CITY BLVD. NATIONAL CITY CA 91950 SCHEDULE WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your ads or omissions. . CG T4 91 1188 Copyright, Insurance Services Office, Inc., 1984 Page fof1 ACO 0® CERTIFICATE OF LIABILITY INSURANCE OP ID SG WADE&-1 DATE (MMIDDIYYYY) 07/29/09 PRODUCER Ahern Insurance Brokerage 9655 Granite Ridge Dr., #500 San Diego CA 92123 Niare Phone: 858-571-9030 Fax:858-571-9010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Wade & Associates 656 Fifth Avenue Ste. I San Diego CA 92101 INSURER A Farmington Casualty Company 41483 INSURER 0: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L NSRD TYPE OF INSURANCE - POLICY. NUMBER POLICY EFFECTIVE DATE (MMIDDIYYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) LIMITS GENERAL LABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TOED rence) oc RtN Icw PREMISESS (Er S ICLAIMS MADE OCCUR MED EXP (My one Pelson) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEM. AGGREGATE LIMIT APPLIES PER: PRO - POLICY JECT LOC PRODUCTS . COMP/OP AGG $ AUTOMOBILE UABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS COMBINED SINGLE LIMIT (Ea accident) S - BODILY INJURY (Per Person) S HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per accident) S GARAGE UABIUTY ANY AUTO AUTO ONLY - EA.ACCIDENT $ EA ACC OTHER THAN S AUTO ONLY: AGG . $ EXCESS I UMBRELLA UABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION S EACH OCCURRENCE $ AGGREGATE S S $ S. A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETORIPARTNER/EXECUTNE OFFICERMIEMBER EXCLUDED? (Mandatory to NH) U yes, describe order SPECIAL PROVISIONS below I ITUB5091M841 07/08/09 07/08/10 X TORYWCO LIMITS ER EL EACH ACCIDENT S 1000000 E.L. DISEASE - EA EMPLOYEE S 1000000 El. DISEASE - POLICY LRAT S 1000000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate issued for proof of coverage only. Waiver of Subrogation applies *10 day notice of cancellation in the event of non- payment CERTIFICATE HOLDER CANCELLATION CITYNA4 City of National City 1243 National City Blvd. National City CA 91950 '''‘'''ACORD 25 (2009/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NOOBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHOt ZED REPRESENTATNE 988=2D09 ACC The ACORD name and logo are registered marks of ACORD O " = O 7• • - r II rights reserved. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) TRAVELERS J WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 04 03 06 (01) — 001 POLICY NUMBER: (ITUB-5091M84-1-09) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS. ENDORSEMENT-CALIFORNIA We have th.e right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE .500 % OF THE CALIFORNIA WORKERS' COMPENSATION PREMIUM OTHERWISE DUE ON SUCH REMUNERATION. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 DATE OF ISSUE: 06-09-09 STASSIGN: LEGAL SERVICES City of National City, California COUNCIL AGENDA STATEMENT PREPARED BY Adolfo Gonzales, Chief of Police Mike Harlan, Sergeant EXPLANATION MEETING DATE October 6, 2009 AGENDA ITEM NO. 10 ITEM TITLE Resolution to authorize the Chief of Police to enter into Memorandums of Understanding with the Sweetwater Union High School District and the National School District for joint funding of the School Resource Officer Program. The City of National City will be reimbursed a total of $202,841.59 for Police School Resource Officer services. DEPARTMENT Police Ext. 4423 The National City Police Department currently assigns four police officers as School Resource Officers (SRO) to provide police services to the National School District and Sweetwater Union High School District. School Resource Officers provide campus security and general law enforcement services to the public schools located in National City. The salaries and benefits for the police officers are funded by a joint funding agreement between the National School District, Sweetwater Union High School District, and the City of National City. The agreements were originally approved on August 16, 1994 in Council Resolution 94-119 and they have been subsequently renewed during the fiscal years: 95/96 through 08/09. (Continued) Environmental Review ✓ N/A Financial Statement The City of National City will be reimbursed a total of $202,841.59 for Police School Resource Officer services. The National School District's will reimburse the National City Police Department $41,277.95 and the Sweetwater Union High School District reimburse the National City Police Department $161,563.64 Account No. 174-00000-3467 STAFF RECOMMENDATION Approve the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. National School District MOU. Sweetwater Union High School District MOU. "A" - Financial Sharing Plan Summary Included A-200 (9/80) Council Agenda Statement Page 2 Resolution — School Resource Officer Program If this resolution is approved, the City of National City will be reimbursed the described funds in the amount of $202,841.59 from the National School District and the Sweetwater Union High School District. This MOU is for a twelve-month period beginning July 1, 2009 and ending on June 30, 2010, at which time a new MOU for the next fiscal year will be requested. Under the proposed MOU's, one School Resource Officer will be assigned approximately two-thirds of their time, or 27 hours per week, to school campuses of the National School District and assigned to spend approximately one-third, or 13 hours per week, of their time on Sweetwater Union High School District campuses. The other three School Resource Officers will be assigned full-time the Sweetwater Union High School District Campuses. The Sweetwater Union High School District and the National School District are essentially paying the cost of two (2) full-time officers and the National City Police Department will match and pay the cost of two (2) full-time officers for a total of four (4) School Resource Officers (SRO's). The proposed MOU's with the Sweetwater Union High School District and the National School District would be effective July 1, 2009 and end on June 30, 2010. Approval of the resolution would enable the Chief of Police to enter / sign the Memorandum of Understandings with the National School District and the Sweetwater Union High School District in order to continue and share the costs of the School Resource Officer program. See attached Memorandums of Understanding for full details and funding summary labeled Attachment "A" on last page of each MOU. RESOLUTION NO. 2009 — 238 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO EXECUTE MEMORANDUMS OF UNDERSTANDING WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT AND THE NATIONAL SCHOOL DISTRICT FOR JOINT FUNDING OF THE SCHOOL RESOURCE OFFICER PROGRAM WHEREAS, the City of National City recognizes that ensuring the safety of students and staff on school campuses and reducing the involvement of youths in gangs in National City is a priority; and WHEREAS, the City believes that school campus security is enhanced by the presence of police officers, and that police officers on campus improve relations between the police and youth in the community; and WHEREAS, the City Council, through the National City Police Department, wishes to work together with the National School District and the Sweetwater Union High School District to maintain police on campuses with the School Resource Officers program; and WHEREAS, the costs of such programs include salary, benefits, materials, and supplies; and WHEREAS, the National School District will reimburse the City of National City a total of $202,841.59 for Police School Resource Officer Services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Chief of Police is hereby authorized to execute Memorandums of Understanding between the City of National City and the National School District and the Sweetwater Union High School District, respectively, for the School Resource Officers Program. Said Memorandums of Understanding are on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of October, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAL SCHOOL DISTRICT AND CITY OF NATIONAL CITY Ensuring the safety of students and staff on school campuses and deterring gangs, drug abuse, criminal acts and traffic violations in National City are priorities to both the National School District and the National City Police Department. Both the National School District and the National City Police Department believe that campus security is enhanced by the presence of police officers and that police officers on campus also help improve relations between the Police Department and youth in our community. The National School District and the National City Police Department agree to work together to provide the presence of a police officer on campus to help maintain a secure environment in and around our schools. To this end the following are specific agreements between the National School District and National City Police Department. Time Frame This Memorandum of Agreement shall remain in effect from July 1, 2009 through June 30, 2010, and may be extended for such length of time as both parties mutually agree to continue this Memorandum of Agreement. Role of the National School District: The National School District agrees to: 1. Coordinate scheduling with the School Resource Officer and the assigned police department supervisor. 2. Schedule orientation time for classroom teachers. 3. Schedule parent meetings as needed. Memorandum of Understanding Page 2 National School District 4. Provide adequate space for the School Resource Officer to carry out non -classroom duties. 5. Provide regular feedback to the law enforcement agency concerning the performance of the School Resource Officer. 6. Permit the School Resource Officer access to the playground and cafeteria to allow for informal interaction with the students. 7. Provide audiovisual equipment for social skills / conflict resolution instruction, drug education and other law enforcement related educational presentations. 8. Report all criminal activity occurring on or about school campuses and all criminal activity involving students to the National City Police Department. 9. Develop procedures to handle campus safety issues. 10. To establish and follow procedures for referring police involvement. 11. Abstain from calling upon the School Resource Officer for enforcement duties while they are involved in classroom presentations except in emergencies. 12. The National School District will remit $41,277.95, payable to the National City Police Department Personnel Services Account, to offset costs of the School Resource Officer. One half of this amount, or $20,638.98 will be paid by December 31, 2009, and the remaining half, or $20,638.97, will be paid by June 30, 2010. 13. Coordinate with the Police Department, other public and private agencies, community and civic groups to develop a community partnership in support of crime reduction, traffic safety and other police programs. C Z) Memorandum of Understanding Page 3 National School District The National City Police Department agrees to: Role of the National City Police Department: 1. Assign a uniformed police officer as the School Resource Officer. 2. Assign the School Resource Officer to spend 27 hours of the 40 hour work week on or about school campuses of the National School District engaged in the following duties. • Training for teachers and other school staff on law enforcement and campus security issues. • Serving as a member of the National School District Student Attendance Review Board (S.A.R.B.). • General law enforcement duties focusing on: Safety of students and staff on campus Gang related violence and crime Campus intrusion Loss and / or damage to property Weapons on campus Alcohol and drugs on campus Truancy Traffic Safety 3. Ensure that the officer assigned as the School Resource Officer receive all required training and any additional training deemed beneficial to their tasks. 4. Designate a member of the police staff to regularly meet with the school district staff to evaluate program needs. Memorandum of Understanding Page 4 National School District 5. The School Resource Officer will be afforded ample time to engage in informal interaction with the students. 6. Abstain from having the School Resource Officer perform enforcement duties during time scheduled for classroom presentations, except in cases of urgency determined by the Chief of Police or their designee. 7. Pay salary and benefits for the police officer assigned as the School Resource Officer. The SRO's are moving to a "campus based" posture. The SRO will base activities from school sites instead of an assigned office at the police department if office space is available in the secondary schools. The campus -based philosophy will increase communication and positive interactions between students, school staff and parents. Although the SRO has a campus -based philosophy, the SRO is still required to respond to other schools when dispatched. In addition to investigating school related crime and incidents, here is a current list of basic and additional duties SRO's currently perform. • Attend the National School District SARB Hearings at NCPD. • Conduct home visits with administrators or the NSD Truancy Officer. • Locate and cite parents for violation of the SARB contract. • Coordinate. train and inspect individual student School Safety Patrols. • Coordinate, train and inspect individual Adult Crossing Guards programs. • Present district policy on sexual harassment to students as requested. • Provide parent education / presentations to parent groups as requested. • Facilitate the ADOPT -A -SCHOOL Program. • Coordinate, host and attend all NCPD Star -Pal events. • Attend meetings and facilitate participation for the Teddy Bear Drive. • Teach criminal law, search and seizure to middle and high school students as requested. • Teach narcotic awareness at PTA's and to high school students as requested. • Facilitate NCPD participation and pin sales for Shop with a Cop event. • Facilitate the Padre Law Enforcement Day Program for NCPD, City Employees. • Inspect and approve individual school safety plans for elementary and secondary schools. • Attend south county SRO meetings. • Attend site -based pre-SARB meetings as requested. • Participate in the NCPD Child Link Program. This Memorandum of Understanding shall be effective July 1, 2009, and shall remain in effect until June 30, 2010. This Memorandum of Understanding shall supersede all previous Memorandums of Understanding between the National School District and the City of National City. (19 (9/ Adolfo Gonzales Chief of Police National City Police Department Chris Oram District Superintendent Designee National School District 51-141)17 Date Date TTAC' 1 bril e n ? Memorandum of Understanding National School District Page 6 Attachment: School Resource Officer Program National City Police Department School Resource Officer Program MOU Cost Sharing Plan July 1, 2009 to June 30, 2010 (Four Police Officers) Salary Increase Effective Date January 27, 2009 (1 Year) Salary E-Step Police Officer $77, 093.90 Benefits E-Step Police Officer $46,739.97 Total $123,833.87 The total amount of funds due for the upcoming agreement from the Sweetwater Union Hig School District to be paid to the City of National City will be as follows based on one year prorated for six months or 50%: • Salary/Benefits one officer (100%) • Salary/Benefits one officer (50%) • Salary/Benefits one officer (16.7%) $ 123,833.87 $ 61,916.35 $ 19,813.42 TOTAL DUE: $ 205,563.64 -44,000.00 $ 161,563.64 The total amount of funds due for the upcoming agreement from the National School District to be paid to the City of National City will be as follows: • Salary/Benefits (one officer @ 33.3%) $41,277.95 TOTAL DUE: $41,277.95 NCPD will pay the cost of 2.00 Officers SUHSD will pay the cost of 1.67 Officers NSD will pay the cost of 0.33 Officers Total Officers: 4 `*All parties agree to pay their percentage of Police Officer Salary and Benefit increases that occur during the MOU effective dates_ Memorandum of Agreement SUHSD Page 1 of 8 FY 2009-2010 MEMORANDUM OF AGREEMENT BETWEEN SWEETWATER UNION HIGH SCHOOL DISTRICT AND CITY OF NATIONAL CITY Ensuring the safety of students and staff on school campuses in National City is a priority to the school administration and the Police Depaitutent. Campus security is enhanced by the presence of police officers. Police officers on campus also help improve relations between the Police Department and youth in the community. Therefore, the Sweetwater Union High School District (SUHSD) and the National City Police Department agree to undertake the following responsibilities and expectations to achieve these mutual objectives. As a result SUHSD and the City agree to undertake the following responsibilities and expectations to achieve these mutual objectives: A. SUHSD'S ROLE AND RESPONSIBILITY 1. To ensure student welfare portal to portal. 2. To develop procedures to handle campus safety issues. 3. To establish and follow procedures for referring police involvement. 4. To cooperate with and support in a proactive manner the City's Department of Public Safety to ensure the success of progress involving students, school personnel, parents and the community. 5. Provide adequate space for the School Resource Officer to carry out non - Classroom duties. 6. Provide regular feedback to the law enforcement agency concerning the performance of the School Resource Officer. 7. Permit the School Resource Officer access to the grounds and cafeteria to allow for informal interaction with the students. 8. Provide audiovisual equipment for social skills / conflict resolution instruction, drug education and other law enforcement related educational presentations. C ) Memorandum of Agreement SUHSD Page 2 of 8 FY 2009-2010 9. B. Report all criminal activity occurring on or about school campuses and all criminal activity involving students to the National City Police Department. 10. Coordinate with the Police Department, other public and private agencies, community and civic groups to develop a community partnership in support of crime reduction, traffic safety and other police programs. CITY'S ROLE AND RESPONSIBILITY 1. Provide general law enforcement services throughout the City through an agreement with the National City Police Department. 2. Provide, through its contract with the National City Police Department a Special Purpose Officer to be deployed as a School Resource Officer ("SRO"). 3. Pay costs charged by the National City Police Department for the SRO and recover fifty percent (50%) of the cost from SUHSD. 4. Ensure that the officer assigned as the School Resource Officer receive all required training and any additional training deemed beneficial to their tasks. 5. Abstain from calling upon the School Resource Officer for enforcement duties while they are involved in classroom presentations except for matters deemed urgent by the Chief of Police or his designee. 6. Collaborate with the National City Police Department to ensure that the SRO provide prevention/intervention support to schools including, but not limited to: • Providing high visibility of uniformed officer presence on the campuses of the Sweetwater Union School District that are located in National City • Being the first response in all law enforcement related matters as they occur during regular school hours • Conduct home visits with site and/or District Administration • Participate on the district S.A.R.B. (Student Attendance Review Board) • Attending various sporting events and school activities as needed for proactive enforcement and interaction, with any overtime needed to be paid for by the district • Developing classroom and faculty presentations related to the youth and law • Attending parent conferences/meetings on an as needed basis; to provide safety information • Scheduling security activities as needed • Documenting all incidents of crime as per department regulations Memorandum of Agreement SUHSD Page 3 of 8 FY 2009-2010 • Implement 415.1 quick -cite program 7. To continue to work with community agencies and parent/teacher groups as needed throughout the affected schools. 8. To assist investigative personnel of the National City Police Department who are assigned to the various school sites with continuing and ongoing investigation and preliminary investigations of criminal activity within the affected schools. 9. To work with school staff and district personnel in matters of mutual concern, such as: • Alcohol and drug use on campus • Safety of students and staff on campus • Gang related violence and crime • Campus intrusion • Loss and/or damage of property 10. Provide quarterly crime reports accounting for the arrests conducted by the School Officer, during school hours (7:00-18:00) at SUH, NCM and GJH. Quarterly reports as follows: July — September; October — December; January — March; April — June. 11. Participate on the school safety committee. 12. Review, update and approve/inspect the current school safety plan and crisis response boxes. 13. Provide assistance covering tips received from Sweetwater School District, Campus Crime Stoppers Protocol for 2009-2010 school years. 14. Enforce applicable daytime loitering within City limits to the extent possible. 15. Attend school based disciplinary hearings and intervention programs as requested. 16. Coordinate multi -agency truancy/daytime loitering sweeps within City Limits to the extent possible. 17. Attend quarterly south county SRO meeting with SUHSD. (s) Memorandum of Agreement SUHSD Page 4 of 8 FY 2009-2010 C. TIME FRAME This Memorandum of Agreement shall remain in effect from July 1, 2009 through June 30, 2010, and may be extended for such length of time as both parties mutually agree in writing to continue this Memorandum of Agreement. D. SPAN OF CONTROL/JURISDICTION The SRO's prevention/education/training/proactive activities will take place at Sweetwater High School, National City Middle School, Granger Junior High School and at public meeting places within the respective community as it relates to the Sweetwater Union High School District activities. The National City Police Department will directly supervise the SRO. Request for work assignments will be issued from the Superintendent's office to the City designated Sergeant of the National City Police Department assigned to the National City substation, who will thereafter direct the School Resource Officer to respond appropriately to the request. E. RESOURCE Resources and local management will be coordinated at: Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, California, 91911 (619) 585-6265 AND National City Police Department 1200 National City Blvd National City, California 91950 (619) 336-4423 F. ASSIGNMENT OF FULL TIME OFFICERS -COST The National City Police Department will assign three officers on a full time basis to perform the duties listed under provision B. of this MOA at the Sweetwater Union High School District's campuses in National City. One officer will be funded by the Police Department and a second officer will be funded with campus security funds provided by the Sweetwater Union High School District, the third officer will be funded jointly by the o) Memorandum of Agreement SUHSD Page 5 of 8 FY 2009-2010 Police Depaitinent and the Sweetwater Union High School District with each providing 50% of the funds. The funding will be at the following levels (refer to attachment): Salary (Attachment) Fringe Benefits (Attachment) TOTAL $ 205,563.64. G. ASSIGNMENT OF PART TIME OFFICER -COST The National City Police Department will assign an additional officer (fourth overall) on a part time basis to perform the same duties as the full time officers assigned to the Sweetwater Union High School District's campuses in National City. The part time officer will work in this assignment during one third of his work hours or approximately 27 hours per week. The Sweetwater Union High School District will pay the City of National City, the amount of $ 19,813.42 one -sixth (16.7%) the cost of the officer for one year. This memorandum of agreement, Provisions A. through F. will be effective from July 1, 2009 to June 30, 2010. Provision G of this memorandum of agreement will be contingent upon the National School District and the City of National City signing a joint funding memorandum of agreement to pay the balance of costs of the officer assigned part time to the Sweetwater Union High School District that are not paid for by the Sweetwater Union High School District. Provision G. will become effective upon signature of the joint funding memorandum of agreement between the National School District and City of National City, but no earlier than Julyl, 2009, and will remain in effect until June 30, 2010. The total amount of funds due per this agreement from the Sweetwater Union High School District to be paid to the Finance Director of National City, will be the amount of $205,563.64. However, in recognition of the State of California's fiscal crisis and the reduction the Sweetwater Union High School District will need to make, the City of National City agrees to initially reduce the rate by $44,000. Upon the State of California adopting the final budget, Sweetwater Union High School District will agree to meet and discuss potential restoration of any and or all of the $44,000 reduction. Memorandum of Agreement SUHSD Page 6 of 8 FY 2009-2010 $ 123,833.87 • Salary/Benefits one officer (100%) • Salary/Benefits one officer (50%) $ 61,916.35 • Salary/Benefits one officer (16.7%) $ 19,813.42 TOTAL DUE: $ 205,563.64 -44,000.00 = $ 161,563.64 One half of this amount, or $80,781.82, will be paid no later than January 1, 2010. The remaining half, or $80,781.82, will be paid no later than May 1, 2010. This memorandum of agreement shall supersede all previous memorandums of understanding between the Sweetwater Union High School District and the City of National City. H. GENERAL TERMS AND CONDITIONS It is expressly understood and agreed by the CITY and DISTRICT that the law of the State of California shall govern the parties and the interpretation of this AGREEMENT shall be initiated exclusively in the Courts of the State of California. All tei,us, conditions and provisions hereof shall insure to and shall bind the parties hereto, their respective successors in interest and assigns. The DISTRICT agrees to hold harmless and indemnify the CITY, its employees, officers, agents, and representatives, from any and all costs, losses, damages, and/or attorney fees for the injury and/or death of any person or property damage caused or claimed to be caused by any active or passive negligent acts or omissions, misconduct, or criminal acts by the DISTRICT, its employees, officers, agents, and representatives. The CITY agrees to hold harmless and indemnify the DISTRICT, its employees, officers, agents, and representatives, from any and all costs, losses, damages, and/or attorney fees for the injury and/or death of any person or property damage caused or claimed to be caused by any active or passive negligent acts or omissions, misconduct, or criminal acts C � z> Memorandum of Agreement SUHSD Page 7 of 8 FY 2009-2010 by the CITY, its employees, officers, agents, and representatives. IN WITNESS WHEREOF, the CITY and DISTRICT have caused the AGREEMENT to be signed on their behalf by duly authorized representative on of 2009, authorizing the City Manager to sign same. SWEETWATER UNION HIGH SCHOOL DISTRICT CITY OF NATIONAL CITY By: Date: o a —7 Memorandum of Agreement SUHSD Page 8 of 8 FY 2009-2010 Attachment: School Resource Officers Program National City Police Department School Resource Officer Program MOA Cost Sharing Plan July 1, 2009 to June 30, 2010 (Six Months Prorated, Four Police Officers) Salary Increase Effective Date (1 Year) Salary E-Step Police Officer Benefits E-Step Police Officer Total The total amount of funds due for the upcoming agreement from the Sweetwater Union High School District to be paid to the City of National City will be as follows based on one year and the Sweetwater Union High School District's reduction of $44,000. • Salary/Benefits one officer (100%) • Salary/Benefits one officer (50%) • Salary/Benefits one officer (16.7%) January 27,2009 $77,093.90 $46,739.97 TOTAL DUE: $123,833.87 $ 123,833.87 $ 61,916.35 $ 19,813.42 $ 205,563.64 -44,000 .00 $161,563.64 The total amount of funds due for the upcoming agreement from the National School District to be paid to the City of National City will be as follows: • Salary/Benefits (one officer @ 33.3%) $41,277.95 TOTAL DUE: $41,277.95 NCPD will pay the cost of 2.00 Officers SUHSD will pay the cost of 1.67 Officers NDS will pay the cost of 0.33 Officers Total Officers: 4 **All parties agree to pay their percentage of Police Officer Salary and Benefit Increases that occur during the MOA effective dates. C y City of National City, California COUNCIL AGENDA STATEMENT 'EETING DATES 10-06-09 AGENDA ITEM NO. 11 ITEM TITLE Resolution of the City Council of the City of National City Amending Civil Service Rules I, II and III in Support of the Creation of a Career Advancement Program. PREPARED BY son( 36-4308) uman esources DEPARTMENT Human Resources EXPLANATION On March 12, 2009, the City of National City Civil Service Commission voted unanimously to amend Civil Service Rules I, II and III. The amendments support staff's efforts to create a Career Advancement Program designed to assist current City employees in advancing within the organization and to provide opportunities for those outside the organization who may be interested in working for the City but lack the requisite knowledge, skills and abilities in their area of interest. Through the Career Advancement Program, the City will be able to hire or promote individuals with little or no experience at a trainee level. As the individuals advance in their ability to perform the duties of the position, they will advance to the full journey level. Initially, the program will be utilized for the difficult to recruit for Accountant and Management Analyst series and the technical Code Conformance series. Environmental Review ✓ N/A Financial Statement There are no costs associated with this action. Account No. STAFF RECOMMENDATION Approval of resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution N„T. 2. March 2, 2009 report to Civil Service Commission A-200 (9/80) RESOLUTION NO. 2009 — 239 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING RULES I, II, AND IV OF THE CIVIL SERVICE RULES FOR THE ESTABLISHMENT OF A CAREER ADVANCEMENT PROGRAM WHEREAS, in order to expand the pool of qualified applicants for employment with the City, the City Council recently created two new entry level classifications; to wit, Accountant Trainee and Management Analyst Trainee, both of which classifications limit the minimum requirements for employment with the City to a four year degree or relevant administrative experience, thus creating professional level employment opportunities within the City for recent college graduates and those with Tess than journey -level experience; and WHEREAS, when creating entry-level classifications, it is desirable to establish promotional opportunities for employees as they gain more knowledge, skills, and abilities in their jobs. In order to provide for such promotional opportunities, staff has proposed that Rules I, II, and IV of the Civil Service Rules be amended to establish a Career Advancement Program, under which employees could advance within the series in which they serve without going through a competitive process, once they have demonstrated sufficient proficiency and competence at their current level in their series. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the amendment of Rules I, II, and IV of the Civil Service Rules, as set forth in the attached Exhibit "A". PASSED and ADOPTED this 6th day of October, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney DATE: March 2, 2009 TO: City of National City Civil Service Commission FROM: Stacey Stevenson, Director of Human Resources SUBJECT: Proposed Creation of Trainee Classifications (Accountant Trainee and Management Analyst Trainee) and a Career Advancement Program (March 12, 2009 Agenda Items 6B, C and D) Within the professional and technical categories, the current classification plan adopted by the Civil Service Commission and the City Council of the City of National City consists primarily of journey -level classifications and higher. In recent years, the City of National City has experienced difficulty recruiting qualified individuals at the journey -level. Two of the most difficult to recruit for series are Accountant and Management Analyst. The two resulting issues are: the inability of departments to fill vacancies with qualified individuals; and an inability for recent college graduates or other individuals otherwise new to the field to promote or enter employment with the City of National City. While departments have expressed a willingness to hire individuals with limited or no experience, the proper classifications do not always exist to allow for it. Based on the above, staff proposes the creation of two entry level classifications: Accountant Trainee and Management Analyst Trainee. As outlined in the attached class specifications, both classifications limit the minimum requirement to a four year degree thus creating professional level employment opportunities within the City of National City for recent college graduates and broadening the applicant pool for City departments. In drafting the proposed Management Analyst Trainee, it became necessary to shift upward the minimum requirements of the existing Management Analyst I, II and III in order to accommodate the proposed new class. For example, the Management Analyst I currently requires a degree and six months of experience. Staff proposes to adjust the class specification to read a degree and one year of experience in order to draw an appropriate differentiation between that class and that of the Trainee. The experience requirement increases by one year for each progressive classification in the series. Other revisions have been proposed to clarify the distinctions between the levels and to revise the driving requirement in light of American's with Disabilities (ADA) standards. The proposed revised class specifications are attached with changes highlighted. Finally, when creating entry-level portals, it is important to adequately facilitate movement for the incumbents as knowledge, skills and abilities are acquired. As such, staff proposes the creation of a Career Advancement program that will allow such trainees to promote in Civil Service Commission Proposed Creation of Trainee Classifications and a Career Advancement Program (March 12, 2009 Agenda Items 6B, C and D) 9/16/2009 Page 2 classification and compensation as they gain mastery of the journey -level functions of the series within which they serve. As described in the proposed revision to the Civil Service Rules, positions would be classified at or below the journey -level within the series. Individuals could be selected and hired at the entry level or some other level in the designated series below the classified level. Once the incumbent has the appropriate tenure and has demonstrated competence, he/or she is eligible to be moved up to the next level in the series, without competition. This process can be repeated until the individual has reached the level at which the position is properly classified. As s pilot, staff proposes beginning with three (3) series: Accountant, Code Conformance Officer and Management Analyst. As previously stated, the City has experienced difficulty hiring at he journey level for Accountants and Management Analysts. In 2007 and 2008, to allow for internal growth opportunities, the Code Conformance Officer series was created first through the creation of Senior Code Conformance Officer, an advanced journey/lead classification in May, 2007; then through the creation of Code Conformance Officer I, an entry level classification and the retitling of Code Conformance Officer to Code Conformance Officer II, the journey -level in May, 2008. However, there is currently no prescribed career advancement plan for the series. Following is an example of how the program would work: • A position is properly classified as a Management Analyst II (the journey -level in the Management Analyst series) • The hiring department can request to fill the position with a candidate from any of the following lists: o Management Analyst Trainee o Management Analyst I o Management Analyst II • If the position was filled at the Management Trainee level, after one year of experience and demonstrated proficiency at the Trainee level, the incumbent would be eligible to advance to the level of Management Analyst I. • After one year of experience at the level of Management Analyst I and demonstrated proficiency at that level, the incumbent would be eligible to advance to the level of Management Analyst II. • Because Management Analyst II is the journey -level, the incumbent's non-competitive career advancement would end there. Advancement to a properly classified Management Analyst III position would occur through a traditional competitive process. Civil Service Commission Proposed Creation of Trainee Classifications and a Career Advancement Program (March 12, 2009 Agenda Items 6B, C and D) 9/16/2009 Page 3 Recommendations Based on the above, staff recommends the following: A. Creation of two new classifications: 1. Accountant Trainee 2. Management Analyst Trainee B. The revision of the existing class specifications for: 1. Management Analyst I 2. Management Analyst II 3. Management Analyst III C. The revision of Civil Service Rules I, II and III to allow for the creation of a Career Advancement program. STACEY STEVENSON EXHIBIT A City Of National City CIVIL SERVICE RULES RULE I DEFINITIONS OF TERMS SECTION 101— GENERAL TERMS: Whenever used, the masculine noun or pronoun shall include the feminine. The singular shall include the plural, and the plural the singular. The word "shall"will be construed as mandatory, and the word "may" as permissive or discretionary. The present tense includes the past and future tenses; and the future, the present. Unless the context requires otherwise, the terms used in these rules shall be defined as set forth in Section 102 of Rule I. (11 /21 /72) SECTION 102 — SPECIFIC TERMS: ACTIVE SERVICE - shall mean actual time worked, other paid time, leaves of absence without pay not to exceed fourteen (14) calendar days annually and leaves of absence without pay not to exceed one (1) year for which Workmen's Compensation is paid. It shall also include Saturdays and Sundays, or other regular days off which are immediately preceded or immediately followed by other time worked. ADVANCEMENT — shall mean a salary increase within a range of compensation provided for each position which is conditioned upon a given minimum term of meritorious service in the same position and which is made without examination. ANNIVERSARY DATE — shall mean the date that the employee completes twelve (12) calendar months of service from the date of appointment. Under normal circumstances, when an employee receives a promotion to a new classification, the promotion date will become the new anniversary date for the employee. APPEAL — shall mean a request for hearing of a disciplinary action submitted to the Commission by the affected employee or his/her representative. APPOINTING AUTHORITY — shall mean the City Council, the City Manager and any other person or body to whom the power to appoint personnel to positions in the Classified Service may be delegated. -1- Rule I — Definition of Terms Page 2 APPOINTMENT — shall mean the offer to and acceptance by a person of a position either on a career, non -career or conditional basis. CALENDER YEAR — shall mean a twelve (12) month period beginning January 1 and ending December 31. CAREER ADVANCEMENT — shall mean a position classified at or below journey level in a classification series and may be underfilled at any of the lower level classes in the same series. CAREER POSITION — shall mean a specific office, whether occupied or vacant carrying responsibilities and calling for the performance of certain duties by one individual on a regular full-time basis. This position shall be included in the classified service and generally is expected to continue into successive budget years. CAREER STATUS — shall mean the condition of an employee who has been appointed to a regular career position and has successfully completed the required probationary period and has achieved career status. The term "career" is analogous with the term "permanent" for the purpose of these rules except that it does not imply a guaranteed term, but rather is expected to continue for an indefinite period within a given classification, not a specific position. CIVIL SERVICE RULES — mean rules adopted by the Civil Service Commission and approved by the Council. The term is synonymous with "Personnel Rules" referred to in these rules and the municipal code. The Civil Service Rules are the official rules of the City and shall take precedence over any other conflicting rules, policies or practices not specifically approved by the City Council. (10/03/95) CLASS — shall mean a position or a group of positions sufficiently similar in respect to duties and responsibilities that the same title may reasonably and fairly be used to designate each position allocated to the class, that the same minimum qualifications may be required and the same salary range may be made to apply with equity. CLASS SPECIFICATION — shall mean a written description of a class consisting of a class title, a general statement of the level of work and distinguishing features of work, examples of duties and the desirable qualifications for the class. CLASSIFIED SERVICE — shall mean all regular career positions, within the City's authority to appoint as defined by these rules, except those positions specifically excluded by the City of National City Ordinance No. 1076. Positions in the classified service are subject to the rules and regulations of the Civil Service Commission. This term is interchangeable with the term "competitive service" and "civil service". 3 Rule I — Definition of Terms Page 3 COMMISSION — shall mean the Civil Service Commission of the City of National City. COMPENSATION — shall mean any salary, wage, fee, allowance or other emolument paid to an employee for performing the duties and exercising the responsibilities of a position. COMPENSATION PLAN — shall mean the official schedule of pay approved by the City Council assigning one or more rated of pay to each class title. COMPENSATORY LEAVE — shall mean time off from work in lieu of monetary payment for overtime worked. CONTINUOUS SERVICE — shall mean employment in the City service uninterrupted by separation, and applies to the time a person has been employed on a career basis, or to the continuation of employment from non -career to a career, without any break in service. DEMOTION — shall mean the involuntary reduction in classification of an employee for purposes of discipline from one position to another position having a lower maximum salary rate. f DEPARMENT — shall mean an organizational officialoknohe City charged with specific wn as departmentdirector and functions under the direction of a management recognized as such in the official budgetary document. DISMISSAL — shall mean separation from the City Service for disciplinary purposes pursuant to Civil Service rules and regulations. DOWNGRADE — shall mean the voluntary reduction in classification of an employee to a lower classification and salary rate in order to accommodate the employee's wishes or to avoid lay-off. ELIGIBLE LIST — shall mean the listing of candidates who have satisfied all Civil Service, legal and administrative requirements for entry, re-entry, transfer or promotion in the Classified Service pursuant to these rules. FAMILY — shall mean those relations living in the employee's household or grandparents, parents, siblings, and children of employee and his/her spouse, either by blood or marriage. Rule I — Definition of Terms Page 4 LAY-OFF— shall mean the involuntary, non -disciplinary separation of an employee from a position resulting from lack of work, lack of funds or abolishment of a position. NON -CAREER STATUS — shall mean the condition of employee appointed to any position not included in career service. Employees in this status are considered as temporary by nature and outside the scope of these rules except as specifically cited in these rules. A person hired into non -career status from an eligible list shall maintain that eligibility for the entire period of non -career employment or the term of the eligibility list whichever is longer. PERSONNEL DIRECTOR — shall mean the person appointed by the City Manager to act as Secretary to the Civil Service Commission, to direct and administer the activities of the Personnel Department and to generally administer the employment policies of the City and the Civil Service Commission. May also be referred to as the Personnel Officer. POSITION — shall mean any specific office within a given classification, whether occupied or vacant, carrying certain responsibilities and calling for the performance of certain duties by one individual, either on a full-time basis or part-time basis. PROBATIONARY PERIOD — shall mean the working test period during which is an extension of the examination where the appointee is required to demonstrate fitness for the position by actual performance of duties and responsibilities assigned prior to earning career status. PROBATIONARY STATUS — shall mean the condition wherein an employee must successfully complete a trial period in order to achieve career status in a position with rights and obligations under these rules. There is a distinction between the initial probation into career status and promotional probation, where the employee retains certain rights under these rules. Appointees in the initial probationary period may be released without right off appeal for failure to meet departmental expectations. Appointees in the promotional probationary period may be released without right to appeal for this reason, but have the right to return to their former position. PROMOTION — shall mean appointment of a City employee holding a position in one class to a position in another class having a maximum salary rate more than five (5) percent higher than that of the previous class. 5 Rule I — Definition of Terms Page 5 PROVISIONAL APPOINTMENT — shall mean the temporary appointment of a candidate who possesses the minimum qualifications for a particular classification for which there is no valid eligible list available. RE-EMPLOYMENT — shall mean the appointment without further examination of a former career status employee who resigned without prejudice and in good standing and has been approved for re-entry into the classified service. RESIGNATION — shall mean the voluntary separation of an employee from City position with or without prejudice for re-employment. RULES — shall mean the Civil Service Rules adopted by the Civil Service Commission and approved by the City Council. SALARY RANGE OR BAND — shall mean the established minimum and maximum compensation allotted by the Council for that particular classification, which may include regular or irregular intervals for periodic advancement. SENIORITY - shall mean the length of continuous paid full-time service since initial probationary appointment to a career position funded solely by the City where service time in the current classification, then service time in the current department, and then service with the City in that order of priority determines seniority for purpose of lay-off, longevity and benefits. Unauthorized breaks in service, such as resignation without re- employment within thirty (30) calendar days, shall negate all previously earned seniority. Authorized leaves of absence without pay in excess of thirty (30) calendar days and layoffs shall not accrue additional seniority, however, previously earned seniority will be restored upon return to work. (10/03/95) SUSPENSION — shall mean an involuntary temporary leave of absence without pay for disciplinary purpose. TEMPORARY STATUS — shall mean the condition of an employee appointed to a position of a non -career nature for a limited time and without the rights provided in these rules. City Of National City CIVIL SERVICE RULES RULE II CLASSIFICATION OF POSITIONS SECTION 201 — THE CLASSIFICATION PLAN: The Commission shall adopt, revise as necessary and maintain for official and public reference a Classification Plan. The Classification Plan shall consist of a list of titles of the classes to which all positions in the Classified Service are to be allocated and a written class specification describing each class. Each class specification shall outline the main characteristics and desirable qualifications required of positions allocated to the class and shall give examples of duties which employees holding such positions may properly be required to perform. The class specification is descriptive and explanatory, but not restrictive or inclusive of all duties performed. The listing of particular examples of duties does not preclude the assignment of other tasks and duties of related kind or character, or of lesser skills. Desirable qualifications may include such pre -entry requirements of education, experience, training, occupational certificates, licenses, skills, abilities, or personal aptitudes required to assure reasonable work performance in the class of position. The statement of desirable qualifications in a class specification is intended to be used as a guide in selecting candidates for employment, as an aid in the preparation of competitive examinations, and for use in determining the relative value of positions in one class with positions in other classes. Qualifications commonly required of all employees, such as freedom from disabling defects, either U.S. citizenship or possession of a work permit from the U.S. Immigration and Naturalization Service, honesty, sobriety and industry shall be implied as requirements for each class, even though they may not be specifically mentioned in the specification. The Commission shall be the final authority in the interpretation of such specifications. A waiver of any provision in any class specification previously adopted by the Commission may be granted only under exceptionally compelling circumstances by a majority vote of the Commission. All such request shall be made in writing to the Commission, stating in full the justification for such action. The decision of the Commission shall be so noted in the official minutes of their meeting. (07/21/87) -6- Rule II — Classification of Positions SECTION 202 — BASIS FOR CLASSES OF POSITIONS: All positionsll sinh he e Classified Service shall be grouped into classes andeach positions sufficiently similar in respect to their duties andresponsibilities epersonalonsiilit qualities and the similar r requirements as to training experience, knowledge, oall positions in the same class. salary range may be made to applyequity Factors to be considered in the establishment of classes shall include the kindof dutiesthe to performed, be performed, the degree of difficulty and complexity of duties to be el of proficiency required, the degree of responsibility ofthde position bilities renand thered to corresponding perform ng he fundamental qualifications such as skills, knowledge a work. (11 /21 /72) iss SECTION 203 — ALLOCATION OF POSITIONS TOCLASSES nheheoCmm sifted ion shall allocate to a class or reallocate as necessary, every position Service, in accordance with the class specifications. A. When a position necessarily includes duties and responsibilities of two (2) or more classes, the Commission may in its discretion: Allocate the position in accordance with working duties tities and responsibilities which occupy the major part of the g r 2) Allocate the position in accordance with the highest essential group of ( duties and responsibilities of the position, or With the concurrence of the City Manager divide the position into two (2) or more part-time positions. B. The Personnel Director shall conduct an investi reallocation may be considered on prior to the reallocation of any position from one class to another class. Such by the Commission whenever a change in duties and responsibilities es of a position longer makes the class to which the position waspreviously applicable. Any proposed reallocation to beade department head and shall take be made with the knowledge of the employee concerned and his/herp uties to be and shall take into consideration the following) factors: of the duties, the of level of responsibility of the degree of difficulty and complexity the position, and the basic skills, knowledge and abilities required to perform work. (1) (3) Page 7 8 Rule II — Classification of Positions Page 8 C. The personal qualifications, ability or performance of an employee occupying a position shall not be a criterion for reallocating his/her position. Nor shall the reallocation of any position be permitted for the purpose of avoiding the requirements of these rules regarding either demotions or promotions, or any requirements of a Civil Service examination. D. The Commission shall determine the status of an employee whose position is reallocated to another class consistent with the following policies: (1) If the position is reallocated to a class at the same salary range or one no more than five (5) percent higher in maximum salary, the incumbent shall have the same status permanent or probationary in the new class that he/she had in the old. (2) If the position is reallocated to a class more than five (5) percent higher in maximum salary than his/her current class, he/she must compete through an open or promotional examination to be placed in the higher classification and, if selected, must serve a new probationary period. However, if he/she has occupied the position for at least one (1) year immediately prior to the effective date of reallocation, the Commission may promote the employee without competitive examination or a new probationary period. (03/14/91) (3) If the position is reallocated to a classification in a salary range with a maximum step lower than that of the previous class, then the status of the employee shall be determined by lay-off and demotion provisions of Sections 503, 1006, 1007, and 1008 of these rules. (07/21/87) SECTION 204 — CLASS TITLES: Official class titles approved by the Commission are to be used in all personnel, accounting, budget and financial records. No person will be appointed to or employed in a position in the Classified Service under a title not included in the Classification Plan. Class titles shall be similar to ordinary occupational titles in private employment as nearly as possible. Nomenclature in the titles shall be descriptive of level, grade and relationship of one class to another. Other job or working titles may be used in the course of departmental routine to indicate authority, status in the organization or administrative rank. (11 /21 /72) Rule II — Classification of Positions SECTION 205 — ADMINISTRATION OF THE w the duties CLASSIFICATION responsibilities of all positions The Commission shall periodically re al in order to assure proper allocation of positions to classes. The iCommission shall lso review the specifications for any class or allocation of any position request incumbent, the appointing officer, the City Manager or other responsible official. (11/21/72) Page 9 SECTION 206 — CAREER ADVANCEMENT:le In an effort to provide for the recruitment, advancement Commission to provideabor employees, it shall be the policy of the Civil Servie appropriate classifications to implement "career advancement" training programs. ncies occur at or below journey - Through the career advancement program, shall have the authority tolevel in a career advancable series, the Personnel Director series. recruit and underfill the position at any of the la incumower level clsses ln the bent underfilliing a pon gaining the experience and skills required for advancementan position shall become eligible for promotion to the higher levels in the series in sucession until reaching the classified level of the position. apply The career advancement program and applicable p rocedures the Addendumlto this section of only to recognized career advancement classifications listed in the Civil Service Rules. Rule II — Classification of Positions Page 9A ADDENDUM TO CIVIL SERVICE RULE II SECTION 206 — CAREER ADVANCEMENT CAREER ADVANCABLE SERIES ENTRY LEVEL CLASSIFICATION PROMOTIONAL OPPORTUNITY FISCAL: Accountant Trainee Accountant INSPECTION: Code Conformance Officer I Code Conformance Officer II MANAGEMENT: Management Analyst Trainee Management Analyst I/II // City of National City CIVIL SERVICE RULES RULE IV CERTIFICATION AND APPOINMENT SECTION 401— REQUIREMENTS FOR APPOINMENTS: Unless specific approval is granted by the City Manager, no employee may commence employment until the Personnel Director signs the certification document indicating that all requirements of these Rules and other legal requirements have been met. (07/01/92) SECTION 402 — CERTIFICATION PROCEDURES: Certification is the process by which available candidates on eligibility lists are referred by the Personnel Office to the department for hiring consideration to career classified positions. The department director shall submit a written request for certification which shall contain all information necessary for the proper and prompt filling of vacancies. Upon receipt of a written request for certification, the Personnel Director shall ascertain the availability of employable persons from all appropriate lists and shall certify the top five (5) individuals by priority and score. Names shall be certified in rank order without score. Actual test scores are confidential and shall not be provided in the certification list to the department unless specifically so authorized by the Civil Service Commission. Prior to the recruitment of any classification, the maximum or minimum number to be certified may be modified by the Civil Service Commission for individual classifications based on equal opportunity and other administrative considerations. (a) Certification from Eligible List: In the event that there are fewer than five (5) persons from all lists available for certification, the Personnel Director may certify fewer than five (5) persons, provided that the department director may reject its use. All eligibles with identical final scores to the last candidate to be certified shall be .certified regardless of the maximum number stated for that certification. Two (2) additional names will be certified for each additional vacancy. The certified list shall be valid for sixty (60) days from the date of issuance. (b) When No Eligible List Exists: Whenever an eligibility list does not exist for a particular classification, eligible candidates may be certified from a comparable classification list determined to be similar in requirements and duties. (11/12/91) -24- Rule IV — Certification And Appointment Page 25 SECTION 402.1 — LIMITED CERTIFICATION: Candidates on eligible lists for certain classification may be selectively certified to a specific position in that classification based on bona fide occupational qualifications, such as working schedules and conditions, specific talents, or other reasons as may be determined appropriate by the Personnel Director, based on written justification by the hiring department. (11/21/91) SECTION 403 — NOTIFYING ELIGIBLES OF CERTIFICATION: Whenever the name of an eligible is certified to an appointing authority, candidates shall be notified by sending notice to the address as it appears on the application, stating the fact of certification, the title of the position, the compensation schedule applying to the class, the organizational unit, and the name and address of the appointing authority. Such notification shall also state that unless the eligible reports to the appointing authority for an interview within three (3) working days after receipt of such notice, he/she will be considered as having declined the position in which the vacancy exits. (07/21/87) SECTION 404 — WAIVER OF CERTIFICATION: Any candidate may request not to certify his/her name for a specified period of time or waive certification of his/her name for employment consideration for any particular vacancy by submitting a written request to the Personnel Director containing the reasons for such waiver before the scheduled certification process. Candidates may waive certification only once and thereafter be removed from said eligibility list if candidate again waives or refuses interviews and/or appointments. (11 / 12/91) SECTION 405 — ACCEPTANCE OF POSITIONS IN LOWER CLASS: An eligible candidate on an eligible list may, with the approval of the Personnel Director, accept certification to a class of position lower than that for which he/she was examined, provided such position is one having similar duties and responsibilities and for which there is no existing eligible list. The acceptance of such a position by an eligible shall not forfeit his/her rights to be certified to the class of position for which he/she was originally examined. (07/01/92) SECTION 406 — OBJECTION AND SUBSTITUTION: An appointing authority may object to certification of an eligible candidate by setting forth his/her objections in writing and presenting them to the Personnel Director. If the Personnel Director approves the objection to certification as being reasonable and in accord with the merit principle, _he/sheshall withdraw certification of he_eligible_ candidate. _ The next highest name on the eligible list shall be certified. (07/01/92) /3 Rule IV — Certification And Appointment Page 26 SECTION 407 — DEPARTMENTALeligibles iSib eECertOed byN RtheOPersonnel Director.: All Upon in the classified service shall be filled from g receipt of a certified list, the department director, or on request, the Personnel Department shall notify each candidate in writing of the date, time, place and method of the selection process. The department director shall be responsible for conducting the selection consistent with merit principles and equal opportunity,Nooffer of shall classi edort the employmentthe or selection process to the PersonnelOffice promotion is final or official until such recommended appointment has written approval by the Personnel Director and the City Manager. However, the department director may offer a conditional appointment, subject to additional investigations and final approvals, so as to initiate the process. (11/12/91) SECTION 407.1 — TYPES OF INITIAL APPOINTMENTS: The following are the types of appointments for entry into the classified service: A. CAREER APPOINTMENTS: An appointment shall be deemed a classified career appointment, when the position is ongoing and is subject to the conditions of probation, and thereafter subject to removal only by the procedures established by these rules. The categories of career appointments are: 1. Regular/Career Appointments. Appointment to a classification which has been established and funded by action of the Mayor and Council as a regular/career, full time position and is expected to continue in successive budget years. 2. Part-Time/Career Appointment. Appointment to a classification which has been established and funded by action of the Mayor and Council and is expected to continue in successive budget years, but normally requires less than thirty (30) hours of work per week average over the fiscal year. 3. Limited Term/Career Appointment. An appointment to a classification which has been funded for a specific period, except appointments to fire safety classifications on the operational staff which may not exceed six (6) consecutive months, for a special project, grant, or program where there is a clear understanding in writing that rights to employment are contingent upon availability of funds or continuation of the program. Employees appointed to these positions, after more than one (1) year of full-time work, shall have the same Civil Service rights afforded to other career employees except permanency under layoff procedures, in the __event _the program, project, or grant is discontinued or reduced. (03/19/98) Rule IV — Certification And Appointments Page 27 B. NON -CAREER APPOINTMENTS: An appointment to a non -career position shall be made as prescribed by the Civil Service Commission. An appointment shall be deemed non -career and, therefore, have no appeal rights under Civil Service Rules when it is defined by one of the following categories: 1. On -Call Appointment. An appointment to a position requiring the employee to be available for work but assigned to duty only when there is a need for his/her service such as when an incumbent is absent from duty. An employee may remain in this status for a period of twenty-four (24) consecutive calendar months from initial appointment and may not be reappointed to this status for a period of two (2) years form the termination of employment. 2. Temporary Appointment. An appointment to a position determined to be of a specific continuous duration not to exceeding the full-time equivalent of six (6) months in any fiscal year based on emergency situations, seasonal work, unusual work load demands, special short-term programs or other like reasons. Appointees to these positions, except those appointees to fire safety positions on the operational staff, may be extended on the approval of the Personnel Director and subsequent ratification by the Commission at their next meeting. Employees serving a temporary status, except those employees in fire safety positions on the operational staff, may be re -appointed from time to time after breaks in service of at least 30 days for additional periods. (03/19/98) 3. Part -Time Appointment. An appointment to a position where the work schedule calls for less than an average of thirty (30) hours per week and is limited to a maximum of twelve (12) months continuous service. Appointees to these positions may be reappointed to the same classification from time to time without additional testing. Intern Appointment. An appointment to a position where the primary purpose is to provide training and work experience to students currently enrolled, continuing, or have recently completed high school, college, or a recognized formal training program. Appointees are limited to twelve (12) months duration and are discretionary by Department Directors. One-time appointments may be made by notice to and approval from the Personnel Director. /5 Rule IV — Certification And Appointment Page 28 5. Crossing Guard Appointment. An appointment to a part-time position which provides school crossing safety services during the school term. Crossing Guards may be terminated and reappointed from time to time at the discretion of the department director and approval of the Personnel Director. (11/12/91) SECTION 407.2 — PROMOTIONAL APPOINTMENTS: Vacant positions in the classified service above the lowest rank in any classification series shall be filled as far as practicable by the promotion of the City employees in the classified service. In each case, the Personnel Director shall determine whether a promotional recruitment will best serve the interests of the service in providing sufficient well -qualified candidates and ensuring merit principles. Whenever such promotional examination is to be held, notice of the examination shall be published and posted in prominent locations at appropriate work sites. Promotional appointments will be limited to career employees in the classified service who have successfully completed an initial probationary period and possess the minimum requirements for that position by the established filing deadline. (11/12/91) SECTION 407.3 — PROVISIONAL APPOINTMENTS: When a vacancy exists and I the absence of an appropriate eligible list, the Personnel Director may approve the provisional appointment of a person who meets all minimum qualifications pending establishment of an eligible list. Provisional appointments shall be limited to initial appointment to vacant classified positions with the City and not to effect a promotion of current employees. In no case shall provisional appointments exceed one hundred eighty (180) calendar days nor exceed thirty (30) calendar days after the establishment of the eligible list whichever occurs first, unless extended by the Civil Service Commission. Provisional appointments are temporary in nature and employees in this status gain no rights, seniority, or preference from the provisional status. Immediate recruitment and testing shall be initiated to establish an eligible list upon notice of such appointment. (11/12/91). SECTION 407.4 — EMERGENCY APPOINTMENT: Notwithstanding any other provision of these rules, the department directors may employ such persons as may be needed to meet an emergency created by an extraordinary occurrence which threatens life or property. Such appointments may not exceed fifteen (15) working days and shall be reported to the Personnel Director as soon as the emergency conditions-- permit. (11/12/91) /6 Rule IV — Certification And Appointment Page 29 SECTION 407.5 — ACTING ASSIGNMENTS: Upon approval of the City Manager and the Personnel Director, department directors may assign, for a period not to exceed ninety (90) calendar days, any employee in their department to a position in a higher classification or rank during the absence of the incumbent thereof of during a vacancy in the position. The department director shall assign a person from the names of those persons certified from an appropriate eligible list, provided that at the time of the initial assignment such a list exist for the position to which the assignment is made; provided further that such requirement may be waived by the Personnel Director for a good cause when there is evidence that it would cause hardship or danger to, or inefficiency in departmental operations or performance of duties. Such assignment may be extended by the Personnel Director for additional periods of ninety (90) calendar days as necessary. Each acting assignment shall terminate upon a promotion, appointment or return of the incumbent to the position. The person assigned to the acting higher position shall not acquire any advantage or right by reason of the assignment, except as hereinbefore set forth. (11 /21 /91) SECTION 407.6 — RECLASSIFICATION: When department director believes that a classified position under his or her jurisdiction may be improperly classified, or that the duties and responsibilities have changed significantly, he/she may request a classification study under the supervision of the Personnel Director of that position. An employee, through his/her group representative, may request in writing to the Personnel Director that a classification study should be conducted when the Department Director fails to act or disagrees with the employee's contention that he/she is working at a higher classification. The request must clearly state all relevant facts for that contention. When a position in the classified service is reclassified, the incumbent of that position shall be also reclassified provided he or she meets the minimum qualifications required of that classification and provided that the Civil Service Commission approves the action. However, if it is found the intent of the reclassification request is to bypass merit principles and normal procedures for promotion or demotion, the reclassification of the incumbent shall not be approved by the Civil Service Commission. SECTION 407.7 — TITLE CHANGE ONLY: The title of any position or classification may be changed by the Civil Service Commission by recommendation from the Personnel Director provided there is no significant change in the nature of duties, pay or status for a classified incumbent. (11/12/91) /7 Rule IV — Certification And Appointment Page 30 SECTION 407.8 — LATERAL ENTRY: The Civil Service Commission may designate certain entry-level classifications for entry into the classified service without competitive testing. For classifications designated for Lateral Entry, the department director shall submit to the Personnel Director a recommendation to hire a candidate along with that candidate's application. The Personnel Director shall ensure that the candidate meets minimum qualifications and any other conditions that the Civil Service Commission may impose, and certify that candidate for appointment at the top of the open eligible list. Lateral Entry candidates may remain on the eligible list for a maximum of ninety (90) calendar days. (11 /21 /91) SECTION 408 — PROBATIONARY PERIOD: All persons receiving an appointment, either initial or promotional, to any classification in the Civil Service System shall serve a probationary period of twelve (12) months commencing the first day of service under such appointment. The twelve (12) month probationary period shall apply to all persons except Police Officers who have not completed a California P.O.S.T. approved basic police academy prior to appointment. The probationary period for people in this category shall be eighteen (18) months from the date of appointment. No period of absence exceeding a total of fifteen (15) working days shall be credited toward the completion of the probationary period. At the discretion of the Department Head and with the approval of the City Manager and the Civil Service Commission, a probationary period may be completed in six (6) months for promotional candidates or employees having over 12 months previous experience with the City in that classification. (03/19/98) It shall be the duty of the appointing authority, during the probationary period of each employee in the Classified Service, to investigate thoroughly the conduct, capacity, responsibility and integrity of such employee and to determine whether the employee is fully qualified for employment in the class to which he/she has been appointed. If the conduct, capacity, responsibility or integrity of the probationer is found to be unsatisfactory by the appointing authority, it shall be the duty of the appointing authority to release the probationer from City service. If, after a thorough investigation during the probationary period, the appointing authority shall find the probationer to be fully qualified for permanent status, he or she shall so notify the Personnel Director on forms prescribed for that purpose. Time served in a non - career status may be counted toward the completion of a career probationary period upon approval of the Commission. /8 Rule IV — Certification And Appointment Page 31 An initial probationer may be released by the appointing authority at any time within the probationary period without a hearing or the right of appeal. Any employee released during the probationary period following a promotional appointment shall be returned to the classification from which he/she was promoted, unless he/she is discharged for cause in the manner provided in these Rules. (07/01/92) SECTION 409 — PERMANENT STATUS: DELETED (11/12/91) SECTION 410 — CHANGE IN STATUS: Upon request of the appointing authority, the Personnel Director may approve a change form non -career status to career status when the employee has continuously served competently in the non -career for the full-time equivalent of six (6) months and when appointment to the non -career status was from an appropriate eligible list. The time served in non -career status may be credited toward the completion of the probationary period. A person hired into non -career status from an eligible list maintains that eligibility for the entire period at non -career employment or the term of eligibility whichever is longer. (07/01/92) SECTION 411 — TRANSFERS: No employee shall be transferred to a position, either on a temporary or permanent basis, for which he/she does not possess the minimum qualifications. Transfers shall not be used to effectuate a promotion or demotion each of which may be accomplished only as provided in these Rules. The Personnel Director, with the approval of the City Manager, may transfer any employee from one department to another department, in the same or comparable class. For transfer purposes, comparable classes are ones with the same maximum salary or maximum salaries five (5) percent or less different involving the performance of similar duties and requiring substantially the same basic qualifications. /9 Rule IV — Certification And Appointment Page 32 Transfers are defined as follows: 1. Interdepartmental Transfers. The transfer of an employee from a position in one department to a position in the same or comparable class in another department shall be called an "Interdepartmental Transfer", and may be made upon written request of the prospective appointing authority or by an employee with the approval of the prospective appointing authority or by an employee with the approval of the prospective appointing authority; provided, however, that whenever the Personnel Director certifies that a career employee must be transferred from one department to another to avoid an officially approved layoff under the provisions of Rule X, the appointing authority who has a vacancy in said employee's class shall appoint said employee to said vacancy. The transfer is considered voluntary when requested by the employee. The employee's name will be placed on a transfer list by the Personnel Director if that employee meets minimum qualifications. A transferred employee has not right to reinstatement to the previous position once that position is filled on a career basis. The transfer is considered involuntary or forced when ordered by the City Council due to transfer of function or reorganization and may be made by the department director from which the employee is being transferred without consent of the employee, provided there is no substantial change in duties of the position or pay status. No probationary period will be required for such involuntary transfers. (07/01/92) 2. Class Transfer. The transfer of an employee from a position in one class to a position in another class shall be called a "Class Transfer", and may be made under the same conditions as provided for in "Interdepartmental Transfer". 3. Transfer for Temporary Work. Transfers for temporary or emergency work may be made after first obtaining the consent of the City Manager. 4. Transfer for Reasons of Economy or Efficiency. The City Manager may effect the transfer of personnel from one department to another departments on either a temporary or permanent basis, for critical financial or operational purposes. Rule IV — Certification And Appointment Page 33 No employee may be transferred under the provisions of this section to a position in a class with a lower maximum salary unless such transfer is voluntary on the part of the employee. (07/21/87) SECTION 412 — DOWNGRADE: Upon the approval of the City Manager, the appointing authority may downgrade an employee at the employee's request or in the event of lay-off: (a) If employees having regular career status are downgraded through no fault of their own, they shall have their names placed on the recall list for the higher class. (b) Upon request of the employee and with the consent of the prospective appointing authority, a downgrade may be made to a vacant position. Such downgrade request must be made in writing and shall be considered voluntary and non -disciplinary in nature. No employees shall be downgraded to positions for which they do not possess the minimum qualifications. Written notice of the downgrade shall be given to the employees at least three (3) days before the effective date of the downgrade, and a copy filed with the Personnel Office. (07/01/92) SECTION 413.1 — CAREER ADVANCEMENT APPOINTMENTS: The Personnel Director, with the approval of the City Manager, shall establish and maintain a list of recognized career advancement classes for the guidance and direction of departments and employees. As vacancies occur within a career advancement series, eligible candidates may be certified for any list within the series that is at or below the classification of the vacancy. (a) When an employee underfills a career advancement position, no vacancy exists for the higher level class(es) in that series for that specific position. (b) When an employee underfills a career advancement position, advancement to higher levels in the career series (up to position's classified level) shall be based on his/her development of knowledge, skills, and abilities required for the higher class and job performance in the current class. (c) Vacant positions in a career advancement series will be filled through the competitive examination process or other means. 2/ Rule IV — Classification And Appointment Page 33A (d) Appointments made in accordance with career advancement provisions are not acting assignments and employees are not eligible for extra compensation. 413.2 — CAREER ADVANCEMENT PROMOTION: 1. Eligibility. An employee underfilling a career advancement position may be eligible for promotion to a higher level class in the same series, up to but not higher than the level at which the position is properly classified upon meeting the following conditions: (a) Present employment in a position which is properly classified at a higher level in the career advancement series and in a class of that series. (b) At least six months of continuous City service immediately preceding the application date. (c) Completion of the minimum qualifications for the class, as indicated in the job announcement. (d) Satisfactory (or higher) performance in the currently held classification. (e) Recommendation by the appropriate Department Head indicating the incumbent's job performance reflects the development of the knowledge, skills, and abilities needed for advancement to the more difficult and complex duties of the higher class. 2. Career Advancement Examination. Incumbents may apply for career advancement at or after such time as they have met the requirements of the higher class. A noticed application filing period is not required for purposes of career advancement promotions. Eligibles will be evaluated and certified in accordance with the provisions contained herein. No positions which are vacant will be filled from a career advancement eligible list. (a) The employee shall complete a Career Advancement Application. Copies -of licenses, certificates, -etc. -required for the higher glass should be attached. Rule IV — Classification And Appointment Page 33B (b) The completed application must be submitted directly to the incumbent's Department Director who will complete the appointing authority section of the application after reviewing the incumbent's job performance, development, and readiness for promotion to the higher class. If the incumbent is not recommended for promotion specific job related reasons for the recommendation must be noted on the form before it is forwarded to the Personnel Director. If the Department Director recommends that the incumbent be eligible for career advancement promotion, the "Request for Certification" section for the Career Advancement Application form should be completed. (c) The incumbent's application shall then be forwarded to the Personnel Director regardless of whatever the department recommendation is for or against career advancement. (d) The Personnel Director will review the application to verify that the incumbent has met all of the career advancement eligibility requirements for the higher class. (e) If the incumbent meets all career advancement eligibility requirements, he/she shall be placed on the eligible list and immediately certified to the appropriate department. The effective date of the career advancement will be within ten (10) working days of the date on which the employee signs and dates the application and has met all of the eligibility requirements. (f) Employees will be notified of their career advancement eligibility by the Personnel Department. An incumbent not meeting the eligibility requirements shall have a right of appeal to the Civil Service Commission; provided, however, that any appeal on the basis of failure to gain the recommendation of the Department Director shall be limited to whether or not the Department Director followed the procedure provided for in this Civil Service Rule Section in making a recommendation. 23 City of National City, California COUNCIL AGENDA STATEMENT FETING DAT&ct 6, 2009 Nrao- 12 AGENDA ITEM NO. / ITEM TITLE Warrant Register #9 for the period of 08/26/09 through 09/01/09 in the Amount of $1,644,564.17 PREPARED BY D. Gallegos -Finance DEPARTMENT EXPLANATION Finance Jeanette Ladr 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 08/26/09 through 09/01/09. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation Kelly Equipment 228889 198,261.65 Regenerative Air Sweeper Public Emp Ret Sys 2288916 285,665.94 PPE 08/24/09 Republic ITS 2288918 115,173.73 Traffic IMP Installation Environmental Review N/A MIS Approval Financial Statement Not applicable. Approved B Finance Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $1,644,564.17 BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register #9 A-200 (Rev. 7/03) PAYEE SD CHAPTER-IAAP BRG CONSULTING, INC COUNTY CLERK COUNTY OF S D COUNTY OF SAN DIEGO DESROCHERS ENVIRONMENTAL HAZARDS SERVICES ENVIRONMENTAL HEALTH COALITION GEOSYNTEC CONSULTANTS HdL COREN & CONE HdL COREN & CONE PRO BUILD PRUDENTIAL OVERALL SUPPLY RICK ENGINEERING CO SD COUNTY TREASURER STAPLES ADVANTAGE ULTIMATE STAFFING SERVICES VERONICA TAM & ASSOCIATES DAMSON POLICE PRODUCTS ZGAS-WEST 1%0eL FRESH PRODUCTS AMERICAN ROTARY BROOM CO., INC ASSI SECURITY BANC OF AMERICA PUBLIC & BANK OF AMERICA BELSON OUTDOORS, INC. BOARD OF EQUALIZATION BROADWAY AUTO ELECTRIC BROWN MARKETING STRATEGIES CALIFORNIA PEACE OFFICERS CARQUEST AUTO PARTS CINTAS DOCUMENT MANAGEMENT CITY OF CHULA VISTA CITY OF CHULA VISTA CITY OF CHULA VISTA COMMUNITY FOOD BANK OF COUNTY CLERK COUNTY OF S D COUNTY CLERK COUNTY OF S D COUNTY OF SAN DIEGO D MAX ENGINEERING INC DAPPER TIRE COMPANY DATA TICKET INC DEPARTMENT OF JUSTICE OUCETTE EW FORD k(ST SIGNS FEDEX FENTON FERGUSON ENTERPRISES, INC FRANK TOYOTA IA C ndr' ou TED' Ty WARRANT REGISTER # 9 9/1/2009 DESCRIPTION ADMIN PROFESSIONAL MEETING-FLORES DOWNTOWN SPECIFIC PLAN CASA QUINTA APT ACQUISITION ED VILLAGE, C&M MEATS, MARINA GATEWAY RETIREMENT BENEFIT - SEPT 2009 HUD HEALTHY HOMES DEM GRANT OUTREACH SVCS - JUNE 2009 EDUCATION VILLAGE AUDIT SVCS PROPERTY TAX CONTRACT SVCS PROPERTY TAX MISC TOOLS UNIFORMS BAY MARINA DR WIDENING & GATEWAY PROPERTY TAX - 45-419 W 18TH ST OFFICE SUPPLIES - NS TEMP EMP - NEIGHBORHOOD SVCS COUNTY OF SAN DIEGO FHRB BALLISTIC VESTS AND COVERS PROTECTIVE LENS FOOD/CONSUMABLES SWEEPER REPAIRS CARD ACCESS CONTROL PANEL CAT LOADER EQUIP LEASE PMT#14 CREDIT CARD EXPENSE RACK FOR 12 SKATEBOARDS SALES & USE TAX ELECTRICAL PARTS RETAINER FEE/EVENTS - AUG 2009 TUITION: INVOLVED SHOOTINGS AUTOMOTIVE SUPPLIES SHREDDING - 3 64 GALLON BINS JUNE 2009 SERVICES MARCH 2009 SERVICES AGREEMENT BETWEEN CITY OF N C REIMB PROJECT HUNGER NAT CITY FACILITY REPAIR STREET IMPROVEMENTS MAIL PROCESSING SERVICES JUNE AND AUG 2009 SERVICES TIRES FOR CITY FLEET PC PROCESSING JUL 2009 INVESTIGATIVE SERVICES 125 PLAN REIMBURSEMENT AUTOMOTIVE SUPPLIES SIGN FACES, WHITE, 4 X 10, TEXT FEDEX CHARGES TRAVEL EXP-MEETING/TRAINING PLUMBING SUPPLIES FOUR, 2009 TOYOTA PRIUS HYBRID 1/3 CHK NO DATE AMOUNT 228829 8/27/09 35.00 228830 9/1/09 4,413.00 228831 9/1/09 50.00 228832 9/1/09 1,975.40 228833 9/1/09 110.00 228834 9/1/09 162.00 228835 9/1/09 14,562.95 228836 9/1/09 10,589.15 228837 9/1/09 3,063.82 228838 9/1/09 2,400.00 228839 9/1/09 237.59 228840 9/1/09 13.34 228841 9/1/09 22,903.05 228842 9/1/09 9.34 228843 9/1/09 13.37 228844 9/1/09 237.90 228845 9/1/09 2,509.24 228846 9/1/09 4,396.01 228847 9/1/09 32.21 228848 9/1/09 1,679.67 228849 9/1/09 998.85 228850 9/1/09 1,865.00 228851 9/1/09 3,077.02 228852 9/1/09 3,443.40 228853 9/1/09 664.00 228854 9/1/09 666.00 228855 9/1/09 135.94 228856 9/1/09 2,500.00 228857 9/1/09 226.00 228858 9/1/09 174.80 228859 9/1/09 72.95 228860 9/1/09 9,702.00 228861 9/1/09 8,515.00 228862 9/1/09 458.50 228863 9/1/09 2,659.17 228864 9/1/09 50.00 228865 9/1/09 50.00 228866 9/1/09 2,450.40 228867 9/1/09 41,954.68 228868 9/1/09 282.71 228869 9/1/09 2,372.40 228870 9/1/09 386.00 228871 9/1/09 110.03 228872 9/1/09 70.45 228873 9/1/09 175.16 228874 9/1/09 133.04 228875 9/1/09 105.15 228876 9/1/09 294.96 228877 9/1/09 1,411.88 PAYEE G.A. DOMINGUEZ GARY BELL DESIGN ASSOCIATION HAMILTON MEATS & PROVISIONS HINDERLITER DE LLAMAS & ASSOC HONEYWELL INC. HUNTER'S NURSERY INC. HYDRO-SCAPE PRODUCTS INC. INDUSTRIAL COATING AND INTEGRATED BIOMETRIC JOHN DEERE LANDSCAPES JUDD ELECTRIC KELLY EQUIPMENT MAINTEX, INC. MANPOWER OF SAN DIEGO MASON'S SAW & LAWNMOWER SVC MCGUIRE DISTRIBUTION METROCALL MORA MORE DIRECT MUNICIPAL MAINTENANCE EQUIP MUNISERVICES LLC NAPA AUTO PARTS NATIONAL CITY AUTO TRIM NATIONAL CITY HOST LIONS CLUB NATIONAL CITY ROTARY CLUB NFPA NIXON EGLI EQUIPMENT CO. OFFICE OF THE MEDICAL EXAMINER OUCHI'S POWER EQUIPMENT PACIFIC AUTO REPAIR PADRE JANITORIAL SUPPLIES INC PBS&J PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PRO -EDGE KNIFE PROGRESSIVE SOLUTIONS INC PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM REGIONAL TRAINING CENTER REPUBLIC ITS ROE ROJAS ROUNDS S.D. COUNTY SHERIFF'S DEPT. SAM'S ALIGNMENT SAN DIEGO GAS & ELECTRIC SD BMW MOTORCYCLES SDG&E INC0 cinikTED WARRANT REGISTER # 9 9/1/2009 DESCRIPTION JULY 2009 SERVICES DESIGN/LAYOUT OF NC PROCLAMATION MEAT PRODUCTS CONTRACT SVCS-SALES TAX 3RD QTR CITY-WIDE MECHANICAL H.V.A.C. HORTICULTURAL ITEMS MATERIALS BULLET RESISTANT GLASS/PANELS NEW EMPLOYEE FINGERPRINT TEST PLANTING MATERIALS CITY-WIDE ELECTRICAL REPAIRS REGENERATIVE AIR SWEEPER JANITORIAL SUPPLIES WEEK ENDING 08-16-09 SUPPLIES FOR PARKS DEPARTMENT MILK PRODUCTS USAMOBILITY SERVICE 125 PLAN REIMBURSEMENT EQUIPMENT & SUPPLIES - FIRE AIR FILTER, INT II SALES/DISTRICT TAX AUDIT AUTOMOTIVE SUPPLIES REPAIR BUCKET SEAT PADDING - PD 4TH OF JULY FIREWORKS DISPLAY QUARTERLY DUES & LUNCHES NFPA MEMBERSHIP STREET SWEEPER PARTS FOR OBSERVER SAFETY CLOTHING AUTOMOTIVE SUPPLIES SMOG CERTIFICATION & REPAIRS JANITORIAL SUPPLIES PROVIDE WASTEWATER FINANCIAL SVCS PARTS/LABOR TO REPAIR CITY VEHICLES AUTOMOTIVE PARTS PLUMBING SUPPLIES SHARPENING SERVICE RIBBONS FOR STAR RECEIPTS LAUNDRY SERVICE SERVICE PERIOD 08-09-4 CCMA ANNUAL DUES JUL'09 - JUN '10 INSTALLATION OF TRAFFIC IMP 125 PLAN REIMBURSEMENT 125 PLAN REIMBURSEMENT ADV SHERMAN BLOCK LEADERSHIP SHERIFF'S RANGE USE FOR TRAINING AUTOMOTIVE REPAIR 1415 D AVE 07/20-08/18/09 R&M CITY VEHICLES FACILITIES DIVISION 2/3 =' CHK NO DATE AMOUNT 228878 9/1/09 6,265.80 228879 9/1/09 1,106.28 228880 9/1/09 860.38 228881 9/1/09 2,025.00 228882 9/1109 90.47 228883 9/1/09 302.36 228884 9/1/09 272.71 228885 9/1109 9,063.50 228886 9/1/09 22.00 228887 9/1/09 465.02 228888 9/1/09 200.00 228889 9/1/09 198,261.65 228890 9/1/09 630.90 228891 9/1/09 678.40 228892 9/1/09 391.15 228893 9/1/09 209.90 228894 9/1/09 903.75 228895 9/1/09 779.00 228896 9/1/09 6,150.7 228897 9/1/09 84.1 _ 228898 9/1/09 4,243.09 228899 9/1/09 110.80 228900 9/1/09 222.79 228901 9/1/09 7,250.00 228902 9/1/09 280.00 228903 9/1/09 1,725.00 228904 9/1/09 756.77 228905 9/1/09 60.00 228906 9/1/09 116.01 228907 9/1/09 733.44 228908 9/1/09 168.61 228909 9/1/09 14,068.58 228910 9/1/09 2,922.79 228911 9/1/09 67.52 228912 9/1/09 937.67 228913 9/1/09 45.00 228914 9/1/09 56.10 228915 9/1/09 183.20 228916 9/1/09 285,665.94 228917 9/1/09 700.00 228918 9/1/09 115,173.73 228919 9/1/09 853.00 228920 9/1/09 327.4' 228921 9/1/09 419. 228922 9/1/09 200.0 228923 9/1/09 40.00 228924 9/1/09 2,574.23 228925 9/1/09 1,058.53 228926 9/1/09 32,206.72 PAYEE SMART & FINAL SOUTHERN CALIF TRUCK STOP SOUTHLAND AUTO BODY SPRINT STAPLES ADVANTAGE STAPLES ADVANTAGE STARTECH COMPUTERS STRATACOM SYSCO SAN DIEGO TARULLI TIRE SAN DIEGO INC TELLEZ TETRA TECH ISG #1 TETRA TECH ISG #1 TETRA TECH ISG #1 TETRA TECH ISG #1 TETRA TECH ISG #1 THE LIGHTHOUSE, INC. S BANK CORPORATE PAYMT SYS HEALTHWORKS rrrRIZON WIRELESS WADE & ASSOCIATES WATERLINE TECHNOLOGIES WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY WOOD & WOOD YOUNG ZIONS BANK SECTION 8 HAPS PAYMENTS WARRANT REGISTER # 9 9/1/2009 DESCRIPTION SUPPLIES FOR NC NITE OUT PROPANE GAS PARTS/BUMPER/REINFORCEMENT PHONE SERVICE CHARGES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE EQUIPMENT - ITS ENVELOPES - NC FOOD/CONSUMABLES RETREAD MATERIALS 125 PLAN REIMBURSEMENT DEPOSIT #1081 MARINA GATEWAY DEPOSIT #1081 MARINA GATEWAY DEPOSIT #1081 MARINA GATEWAY DEPOSIT #1081 MARINA GATEWAY DEPOSIT #1281 FIG COURT SUBDIVISION AUTOMOTIVE PARTS CREDIT CARD EXP - PD MEDICAL SERVICE - DOT EXAM PHONE CHARGES SOCCER FIELD -PROJECT MANAGER MUNICIPAL POOL CHEMICALS AUTOMOTIVE PARTS COMPUTER SUPPLIES - ITS LIABILITY CLAIMS COSTS ADV SUBSISTENCE -SHOOTING INV 17TH LEASE PAYMT 800 MHZ EQUIP Start Date End Date 8/26/2009 9/1/2009 3/3 CHK NO DATE AMOUNT 228927 9/1/09 311.18 228928 9/1/09 24.67 228929 9/1/09 2,899.11 228930 9/1/09 24.12 228931 9/1/09 143.36 228932 9/1/09 100.31 228933 9/1/09 526.59 228934 9/1/09 311.70 228935 9/1/09 1,545.69 228936 9/1/09 685.73 228937 9/1/09 833.05 228938 9/1/09 1,003.92 228939 9/1/09 583.92 228940 9/1/09 393.92 228941 9/1/09 393.92 228942 9/1/09 393.92 228943 9/1/09 274.88 228944 9/1/09 1,261.40 228945 9/1/09 55.00 228946 9/1/09 5,606.73 228947 9/1/09 2,979.50 228948 9/1/09 645.98 228949 9/1/09 240.64 228950 9/1/09 599.48 228951 9/1/09 17, 632.66 228952 9/1/09 248.00 228953 9/1/09 48,678.25 A/P Total 944,725.87 699,838.30 GRAND TOTAL $ 1,644,564.17 IivcoRPOBATED Warrant Register #9 9/1/2009 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 125 SEWER SERVICE FUND 131 ASSET FORFEITURE FUND 166 NUTRITION 172 TRASH RATE STABILIZATION FUND 290 POLICE DEPT GRANTS 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 323 SAFE ROUTES TO SCHOOL 345 TRAFFIC CONGESTION RELIEF 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 644 EQUIPMENT REPLACEMENT RESERVE 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 390,972.23 664.00 1,588.91 1,713.67 893.58 632.25 56,915.83 1,153.68 7,083.48 461.55 452.57 7,692.11 728.00 108,849.09 0.40 699,838.30 181.25 79,445.04 33,792.94 17,737.81 69.15 6,519.03 2,428.16 5,630.85 4,756.91 210,181.90 1,411.88 2,769.60 1,644,564.17 =ETING DATE°ct 6, 2009 City of National City, California COUNCIL AGENDA STATEMENT 13 AGENDA ITEM NO. ITEM TITLE Warrant Register #10 for the period of 09/02/09 through 09/08/09 in the Amount of $1,500,405.26 PREPARED BY D. Gallegos -Finance DEPARTMENT Finance EXT. Jeanette Ladrido EXPLANATION 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 09/02/09 through 09/08/09. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation Health Net 229012 71,615.37 Emp Health Ins Kaiser 229021 135,871.66 Emp Health Ins J Environmental Review N/A MIS Approval Financial Statement Not applicable. Approved By: r Finance Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $1,500,405.26 BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register #10 A-200 (Rev. 7/03) PAYEE CALIFORNIA REDEVELOPMENT ASSO EDCO DISPOSAL CORPORATION PRUDENTIAL OVERALL SUPPLY SAN DIEGO CLIPPING SERVICE SAN DIEGO DAILY TRANSCRIPT SAN DIEGO TROLLEY INC THE STAR NEWS WELLS FARGO BANK 836 PENN LLC AK & COMPANY ALL FRESH PRODUCTS AMERICAN ROTARY BROOM CO., INC ARJIS AT&T/MCI AT&T/MCI BATTERIES PLUS BATTERY SPECIALTIES BENITEZ 3LACKIE'S TROPHIES AND AWARDS ;APF CA SCHOOL RESOURCE OFFICERS' CALIFORNIA BAKING CO. CALIFORNIA LAW ENFORCEMENT CALIFORNIA STATE UNIVERSITY CALIFORNIA STATE UNIVERSITY CATO CHAVEZ CITY OF CHULA VISTA CITY OF CHULA VISTA CITY OF CHULA VISTA CITY OF CHULA VISTA CITY OF CHULA VISTA CITY OF CHULA VISTA CITY OF CHULA VISTA CONTINUING ED OF THE BAR COPY POST PRINTING CORPORATE EXPRESS/STAPLES COUNTY OF SAN DIEGO CROSSTOWN ELECTRICAL & DATA IN DALEY & HEFT LLP DALEY & HEFT LLP DAPPER TIRE COMPANY DELTA DENTAL 7ELTACARE (PMI) EPARTMENT OF TRANSPORTATION DEXTER STREET LIMITED EL JUAN CAFE ENVIRONS LANDSCAPE ARCHITECTURE FEDEX WARRANT REGISTER # 10 9/8/2009 DESCRIPTION MARINA GATEWAY PLAZA HOTEL WASTE DISPOSAL - AUG 2009 UNIFORMS CLIPPING SERVICE - AUG 2009 ADVERTISING SPEC 09-4 FLAGGING SERVICES 08/19/09 ADVERTISING SPEC 09-4 CREDIT CARD EXP REFUND OF C&D COSTS 1ST MANDATED COST CLAIMS FOOD/CONSUMABLES SWEEPER REPAIRS NCPD TRAFFIC ACCIDENTS & CITES PHONE SERVICE 07/13 - 08/12/09 PHONE SERVICE XXX-8857 BATTTERY/CHGR/CASE W/MAGNETS EN91. AA BATTERIES REFUND B/L RENEWAL NAME TAGS - PD FIRE/LTD SEPT 2009 TUITION:HARLAN/CHELIUS/FERNANDO BREAD PRODUCTS PD/LTD SEPT 2009 TUITION - VILLARIASA TUITION - KIRKENDALL CA TACTICAL OFFCR CONF-MEETING REFUND KAISER HEALTH INS JUNE 2009 SERVICES POLICE GLAZING AND FENCING PROJECTS MARCH 2009 SERVICES JUNE 2009 SERVICES JUNE 2009 SERVICES JUNE 2009 SERVICES JUNE 2009 SERVICES BOOKS POST CARDS -STATE OF THE CITY ADDRES; INV 97079584 FILE FOLDERS - POLICE MAIL PROCESSING SVCS-06/16-08/15/09 FIBER OPTIC SPLICING & REPAIR LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS TIRES FOR CITY FLEET DENTAL INS SEP 2009 DENTAL INS PMI SEPT 2009 HIGHWAY LIGHTING REFUND OF C&D COSTS EXPENSES FOR DISC HEARING LANDSCAPE - KIMBALL PARK SOCCER FIELI MAIL COURIER - CITY ATTNY 1/3 CHK NO DATE AMOUNT 228954 9/8/09 195.00 228955 9/8/09 104.75 228956 9/8/09 13.34 228957 9/8/09 76.60 228958 9/8/09 626.20 228959 9/8/09 36.40 228960 9/8/09 825.13 228961 9/8/09 317.48 228962 9/8/09 2,882.00 228963 9/8/09 2,800.00 228964 9/8/09 1,703.05 228965 9/8/09 762.64 228966 9/8/09 13,752.00 228967 9/8/09 6,753.76 228968 9/8/09 562.18 228969 9/8/09 782.91 228970 9/8/09 146.71 228971 9/8/09 39.50 228972 9/8/09 24.15 228973 9/8/09 688.00 228974 9/8/09 885.00 228975 9/8/09 307.00 228976 9/8/09 1,755.00 228977 9/8/09 310.00 228978 9/8/09 310.00 228979 9/8/09 190.00 228980 9/8/09 153.59 228981 9/8/09 9,050.50 228982 9/8/09 3,013.00 228983 9/8/09 458.50 228984 9/8/09 131.00 228985 9/8/09 131.00 228986 9/8/09 131.00 228987 9/8/09 126.00 228988 9/8/09 331.41 228989 9/8/09 723.23 228990 9/8/09 1,529.58 228991 9/8/09 9,841.67 228992 9/8/09 2,800.00 228993 9/8/09 2,663.85 228994 9/8/09 840.09 228995 9/8/09 416.07 228996 9/8/09 14,320.75 228997 9/8/09 3,491.62 228998 9/8/09 3,007.87 228999 9/8/09 35,000.00 229000 9/8/09 126.43 229001 9/8/09 2,729.20 229002 9/8/09 73.24 PAYEE FEDEX FERGUSON ENTERPRISES, INC FORTEL TRAFFIC, INC. GE CAPITAL GEORGE H WATERS GRAINGER GRANICUS INC. HAWTHORNE MACHINERY (INC.) HD SUPPLY HEALTH NET HEALTH NET HEALTH NET HONEYWELL INC. HYDRO-SCAPE PRODUCTS INC. IKON OFFICE SOLUTIONS IKON OFFICE SOLUTIONS/IOS INFRASTRUCTURE ENGINEERING JUDICATE WEST KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KASEYA NORTH AMERICA KIRKENDALL KONICA MINOLTA DANKA IMAGING LASER SAVER INC LEXIS-NEXIS LEXIS-NEXIS MAINTEX, INC. MATTHEW BENDER & CO INC MCDOUGAL LOVE ECKIS SMITH & MCDOUGAL LOVE ECKIS SMITH & MEYERS/NAVE MISSION UNIFORM SERVICE NACOLE NAPA AUTO PARTS NATIONAL CITY TROPHY PARTY PRODUCTIONS RENTALS PARTY TIME PBS&J PRO BUILD PRUDENTIAL OVERALL SUPPLY QUICK START INTELLIGENCE REGIONAL COMMUNICATIONS SYSTEM RELIANCE STANDARD ROBERT HALF LEGAL SAN DIEGO CHAPTER OF IAPMO SD AIR POLLUTION CONTROL SD COUNTY FIRE CHIEFS ASSN SDG&E SOUTH BAY WINDOW & GLASS CO WARRANT REGISTER # 10 9/8/2009 DESCRIPTION MAIL COURIER - FINANCE PLUMBING MATERIALS 3 RADAR SPEED SIGN TRAILERS EQUIPMENT RENTAL EMP DISCIPLINARY HEARING 09/03/09 ELECTRICAL SUPPLIES WEBCAST/LIVECAST SVC - SEPT 09 PARTS/LABOR TO SVC CAT LOADER OVER COUNTER PLUMBING MATERIAL HEALTH INS H0067A SEP 2009 HEALTH INS SEPT 2009 57135J HEALTH -FULL NETWORK 57135A REPAIRS NOT COVERED BY MAINTENANCE PLUMBING SUPPLIES QTRLY COPY USAGE COPIER EQUIP LEASE PAYMENTS TO PERFORM AN INFLOW AND INFILTRATIO LIABILITY CLAIM COSTS KAISER INS ACTIVE SEP 2009 RET INS SEPT 2009 ANNUAL MAINTENANCE SUBSCRIPTION ADV - FIELD EVIDENCE TECH COURSE EQUIPMENT RENTAL PRINTER MAINTENANCE/REPAIR SVC EXPERT AND CONSULTANT SVCS ON LINE LEGAL RESEARCH MISCELLANEOUS JANITORIAL SUPPLIES BOOKS EXPERT AND CONSULTANT SVCS CONSULTANT SERVICES CONSULT/MOU NEGOTIATIONS LAUNDRY SERVICES MEMBERSHIP DUES AIR FILTER 12" WORLD CUP SOCCER SUPPLIES -STATE OF THE CITY ADDRESS FLOWERS FOR STATE OF THE CITY PROVIDE WASTEWATER FINANCIAL SERVIC BUILDING MATERIALS LAUNDRY SERVICE MAINTAINING MICROSOFT SQL SERVER SERVICES FOR JUNE 2009 VTL SEPT 2009 TEMP EMPLOYEE SERVICE BUILDING CODE TRAINING PERMITS TO OPERATE/DISTRICT FEES MEMBERSHIP RENEWAL UTILITIES - 921 A AVE WINDOW & INSTALLATION 2/3 • CHK NO DATE AMOUNT 229003 9/8/09 17.20 229004 9/8/09 62.00 229005 9/8/09 36,710.05 229006 9/8/09 210.43 229007 9/8/09 119.25 229008 9/8/09 1,127.16 229009 9/8/09 1,477.35 229010 9/8/09 1,784.61 229011 9/8/09 626.88 229012 9/8/09 71,615.37 229013 9/8/09 1,092.24 229014 9/8/09 11,811.30 229015 9/8/09 506.06 229016 9/8/09 27.38 229017 9/8/09 4,759.36 229018 9/8/09 79.26 229019 9/8/09 5,900.50 229020 9/8/09 2,850.00 229021 9/8/09 135,871.66 229022 9/8/09 7,036.88 229023 9/8/09 3,700.00 229024 9/8/09 420.36 229025 9/8/09 447.36 229026 9/8/09 89.95 229027 9/8/09 415.14 229028 9/8/09 407.00 229029 9/8/09 1,275.10 229030 9/8/09 173.91 229031 9/8/09 2,878.75 229032 9/8/09 17.50 229033 9/8/09 2,203.25 229034 9/8/09 61.66 229035 9/8/09 300.00 229036 9/8/09 154.68 229037 9/8/09 122.92 229038 9/8/09 1,500.00 229039 9/8/09 932.88 229040 9/8/09 1,176.00 229041 9/8/09 70.43 229042 9/8/09 72.07 229043 9/8/09 2,695.00 229044 9/8/09 9,048.86 229045 9/8/09 2,264.74 229046 9/8/09 1,792.00 229047 9/8/09 100.00 229048 9/8/09 367.00 229049 9/8/09 250.00 229050 9/8/09 336.21 229051 9/8/09 354.50 PAYEE SPARKLETTS WATER STACK TRAFFIC CONSULTING, INC STACK TRAFFIC ENGINEERING, INC STAPLES ADVANTAGE SWEETWATER AUTHORITY SYSCO SAN DIEGO TETRA TECH ISG #1 THE LINCOLN NATIONAL LIFE INS. THE STAR NEWS THOMSON WEST TURF STAR TYLER TECHNOLOGIES, INC TYLER TECHNOLOGIES, INC U S BANK CORPORATE PAYMT SYS U S HEALTHWORKS UNION TRIBUNE VALLEY POWER SYSTEMS, INC VICTOR URIBE JILLARIASA ISTA PAINT WATERLINE TECHNOLOGIES WEST GOVERNMENT SERVICES WILLY'S ELECTRONIC SUPPLY SECTION 8 HAPS PAYMENTS PAYROLL Pay period 18 Start Date 8/ 11 /2009 WARRANT REGISTER # 10 9/8/2009 DESCRIPTION DRINKING WATER SVC MAY-AUG 2009 SERVICES JUNE 2009 SERVICES OFFICE SUPPLIES - PD WATER UTILITIES - 1615 E 4TH ST FOOD/CONSUMABLES JANUARY 2009 SERVICES LIFE & AD&D STD LTD SEP 2009 ADV PARKS REHAB BOOKS SUPPLIES FOR EQUIP MAINTENANCE LICENSE FEES FINANCIALS PROGRAMMING CREDIT CARD EXP - FIRE PRE -EMPLOYMENT PHYSICAL SUBSCRIPTION RENEWAL POTENTIOMETER REIMB - COMM CLASS A LICENSE ADV - FIELD EVIDENCE TECH COURSE MISC SUPPLIES MUNICIPAL POOL CHEMICALS DATABASE -UNLIMITED ACCESS-JUL 09 COMP SUPPLIES - ITS Start Date 9/2/2009 End Date 8/24/2009 End Date 9/8/2009 Check Date 9/2/2009 3/3 CHK NO DATE AMOUNT 229052 9/8/09 107.49 229053 9/8/09 5,500.00 229054 9/8/09 6,500.00 229055 9/8/09 982.15 229056 9/8/09 3,258.63 229057 9/8/09 4,027.71 229058 9/8/09 4,571.00 229059 9/8/09 9,933.32 229060 9/8/09 830.25 229061 9/8/09 2,408.53 229062 9/8/09 387.98 229063 9/8/09 11,692.50 229064 9/8/09 4,500.00 229065 9/8/09 375.00 229066 9/8/09 100.00 229067 9/8/09 162.96 229068 9/8/09 197.60 229069 9/8/09 40.00 229070 9/8/09 372.00 229071 9/8/09 33.50 229072 9/8/09 2,896.56 229073 9/8/09 200.00 229074 9/8/09 55.32 AJP Total 504,383.11 6,503.80 989,518.35 GRAND TOTAL $ 1,500,405.26 INC Oat, ORATV? `J Warrant Register # 10 9/8/2009 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 111 P.O.S.T. FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 131 ASSET FORFEITURE FUND 154 STATE PUBLIC LIBRARY FUND 158 SWIMMING POOL REVOLVING FUND 159 GENERAL PLAN UPDATE RESERVE 166 NUTRITION 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 191 STOP PROJECT 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 246 WINGS GRANT 275 EASY VOTER GUIDE GRANT 282 REIMBURSABLE GRANTS CITYWIDE 290 POLICE DEPT GRANTS 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 314 OTS GRANT 320 LIBRARY GRANTS 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE 731 CONSTRUCTION AND DEMOLITION DEBRIS 992,963.19 30, 333.54 20,054.12 5,882.60 1,412.36 24,442.62 3,240.18 782.91 1,861.53 2,716.10 1,345.45 17,752.04 1,711.86 980.43 6,173.87 1,934.69 1,148.23 5,471.43 18,795.07 435.35 375.00 1,947.20 960.03 11,102.86 14,677.27 50,462.05 6,093.32 27, 766.33 1,078.29 68,054.14 1,999.99 27,706.17 10,157.42 7,766.33 32,734.47 4,317.30 8,779.90 24,311.67 14,469.54 8,326.41 37,882.00 1,500,405.26 City of National City, California COUNCIL AGENDA STATEMENT '44.1,.+4EETING DATE October 6, 2009 AGENDA ITEM NO. 14 ITEM TITLE Public Hearing — Planning Commission Recommended Approval of an Amendment to the National City Downtown Specific Plan to Allow Extended -Stay Hotel Uses Within the Development Zone 5B Where Mixed -Use Residential Uses are Currently Permitted and Recommended Approval of an Addendum to the Certified Program Environmental Impact Report for the Downtown Specific Plan and Recommended Filing of a Notice of Determination 3403 E. Plaza Blvd. (Applicant:Constellation Property Group) (Case File 2008-53 SPA) PREPARED BY Peggy Chapin, 336-4319QV DEPARTMENT EXPLANATION \\\ Development Services/Planning Division Planning Commission conducted a hearing on September 21, 2009, at which time there were no comments expressed by the community or other departments. The Commission voted to recommend approval of the proposed Amendment to the Downtown Specific Plan and Addendum to the Environmental Impact Report. The attached Background Report further describes the request. Environmental Review Financial Statement N/A x N/A Addendum to Certified Program EIR, February 2005, SCH #200401110 Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Plannya'ommiys�sf�rf'sommpfidation of approval. BOARD / COMMISSION RECOMMENDAT The Planning Commission recommended approval of the approval of the Amendment to the Specific Plan and Addendum to the Certified EIR, SCH #200401110 Ayes: Alvarado. Baca. DeLaPaz. Farias. Flores. Pruitt. Reynolds ATTACHMENTS ( Listed Below ) 1. Background Report Resolution No. 5. Excerpt from Downtown Specific Plan for `✓ 2. Planning Commission Resolution No. 22-2009 Development Zone 5B 3. Location Map Development Zone 5B 6. Program EIR Addendum and Initial Study 4. Location Map of Centro Project 6. Constellation Property Group Letter 8/4/09 A-200 (9/99) BACKGROUND REPORT AMENDMENT TO THE DOWTOWN SPECIFIC PLAN AND ADDENDUM TO THE PROGRAM ENVIRONMENTAL IMPACT REPORT 2008-53 SPA, APN 556-554-16 The Downtown Specific Plan (DSP) includes numerous development zones with development standards. Development Zone 5B is the area bordered by 9th Street, 12th Street, National City Boulevard with a portion extending east to A Avenue. Existing uses in the zone include the Chamber of Commerce, the Trophy Lounge, Lourdes Restaurant (vacant), Enterprise Car Rental, used auto sales and auto repair businesses, several single family residences, and vacant lots. Preferred land uses within Subarea 5B are multi -family residential over street level retail (DSP pp IV-13). Restricted or prohibited uses include those identified in the underlying Zoning Regulations. The underlying zone for development zone 5B is comprised of Commercial General (CG), Medium Commercial (CM), and Civic Institutional (IC). A hotel and related uses, Use Group 21 of the Land Use Code Use Group Matrix, are permitted within the CG and CM zones, but are not be permitted in the IC zone. The DSP amendment involves adding hotel uses to permitted uses for one parcel contained within Subarea 5B located at the northeast corner of 12th Street and A Avenue. The 1.20-acre parcel (APN 556-554-16) was previously approved for a 61-unit condominium development, known as the Centro project. Due to the current economic condition and the difficulty in marketing condominium units, the developer of the Centro project proposes to operate an extended -stay hotel to allow guest to stay for more than a few days and offer the units for sale when the economy recovers. To allow hotel uses within the IC zone requires an amendment of the Downtown Specific Plan. The Centro project was constructed to condominium standards. In order to change the use from a multi -family condominium use to a hotel use, a change of occupancy from a RI to R2 occupancy is required per the 2007 California Building Code. Some of those changes include California accessibility upgrades and fire rated partitions. Prior to converting the multi -family development to a hotel use, the applicant will complete those changes in order to obtain certificates of occupancy for the hotel. No additional impacts associated with the change of use from a multi -family residential to an extended stay hotel use are anticipated. Potential traffic impacts resulting from the change of uses were analyzed. Based on the SANDAG'S average trip generation rates, a 61 unit condo would result in eight (8) trips per dwelling unit or 488 average daily trips (ADT) whereas a hotel at 100% occupancy with 61 rooms would result in the same ADTs of 488. No additional impacts are anticipated than previously assessed by the EIR prepared for the DSP and no additional traffic analysis would be required. The DSP encourages development that will concentrate more people in the downtown area to create more of an urbanized feeling. Pedestrian activity from hotel uses will accelerate retail and commercial uses. The extended stay hotel use will promote and support a healthy business district. (FEIR pp. 42). If approved, page IV-13 of the DSP would be amended to state the following language: 5A and 5B Restricted or Prohibited Land Uses: As per underlying Zoning Regulations Except that within Subarea 5B Permitted Land Uses include Land Use Group21 Hotel, Motel and Related Services. 1 RESOLUTION 22-2009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE NATIONAL CITY DOWNTOWN SPECIFIC PLAN TO ALLOW EXTENDED -STAY HOTEL USES WITHIN THE DEVELOPMENT ZONE 5B WHERE MIXED -USE MULTI -FAMILY RESIDENTIAL USES ARE CURRENTLY PERMITTED AND RECOMMENDING APPROVAL OF AN ADDENDUM TO THE CERTIFIED PROGRAM ENVIRONMENTAL IMPACT REPORT, FOR THE DOWNTOWN SPECIFIC PLAN AND AUTHORIZING THE FILING OF A NOTICE OF DETERMINATION APPLICANT: CONSTELLATION PROPERTY GROUP CASE FILE NO. 2008-53 SP, IS, APN 556-554-16 WHEREAS on February 2, 2009 the City Council of the City of National City initiated proceedings for the amendment of the National City Downtown Specific Plan in accordance with procedures of the Land Use Code; and WHEREAS, the Planning Commission of the City of National City considered a Specific Plan Amendment application to amend the Downtown Specific Plan to allow for hotel uses on al parcels within Subarea 5B at a duly advertised public hearing held on September 21, 2009 at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. 2008-53 SP, IS, which is maintained by the City and incorporated herein by reference, along with evidence and testimony at said hearing(s); and WHEREAS, National City Downtown Specific Plan Development Zone 5B is comprised of the area bordering the east side of National City Boulevard from 9th Street south to 12`h Street, a half block east of National City Boulevard and also includes two parcels east of the alley between E. 1 I th and E. 12`h Streets, and WHEREAS, the underlying zones of Development Zone 5B are Commercial Medium (CM), General Commercial (CG) and Civic Institutional (IC), and the amendment would allow for extended -stay hotel uses within the entire Development Zone 5B and the Specific Plan would be amended to read the following: 5A and 5B Restricted or Prohibited Land Uses: As per underlying Zoning Regulations. Except that within Subarea 5B Permitted Land Uses include Land Use Group 21 Hotel, Motel and Related Services. 2 WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing(s) held on September 21, 2009, support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF AN AMENDMENT TO THE DOWNTOWN SPECIFIC PLAN 1. That the proposed specific plan amendment is consistent with the General Plan and Specific Plan, which encourage the revitalization of downtown and encourages pedestrian activity and stability of the commercial uses in the downtown. 2. That the proposed amendment is in the public interest since it would allow a hotel use that will encourage pedestrian activity and increase commercial tourism within the downtown. 3. That the proposed amendment provides consistency of use types within Development Zone 5B, since there are a variety of underlying land use zones that permit hotel uses and whereas one parcel is located within the underlying zone of Civic Institutional that does not permit hotel uses and by changing the use to allow hotel uses throughout development zone 5B would provide for consistent land use patterns. 4. That the proposed amendment would restore the viability of the development within the subarea and continue to reinforce the pedestrian -oriented development towards Kimball Park. RECOMMENDED FINDINGS FOR APPROVAL OF ADDENDUM TO THE PROGRAM EIR 1. That the Program EIR Addendum (2008-53 IS) has been read and considered together with the Program EIR and any comments received during the public review process. 2. That based on the whole record including the Initial Study, there is no substantial evidence that the amendment will have a significant effect on the environment and that the Program EIR Addendum reflects the City's independent judgment and analysis. 3. That pursuant to CEQA Section 15164, no Subsequent or Supplemental EIR is needed for hit project due to the proposed amendment since there would be no substantial increase in the severity of previously identified impacts. 3 4. That there is no new information showing that the project will have significant effects not discussed in the previous EIR, that significant effects previously examined will be substantially more sever than shown in the previous EIR, that there are mitigation measures or alternatives previously found to be infeasible that are in fact feasible, or that different mitigation measures than those previously identified would substantially reduce significant impacts. 5. That the Initial Study demonstrates that there is no potential for new significant impacts or for a substantial increase in the severity of impacts identified in the Program EIR, and since the character and circumstances of the project would be unchanged, the discussions on land use/planning, geology/soils, traffic/circulation, aesthetics, noise, air quality, hazards/hazardous materials, population/housing, cultural resources, water services, police protection, fire protection, school facilities, sewage services, and recreation in the Program EIR are still relevant and need not be reexamined. BE IT FURTHER RESOLVED that the Planning Commission has considered the proposed Addendum to the National City Downtown Specific Plan Program Environmental Impact Report, together with any comments received during the public review process, and finds on the basis of the whole record that there is no substantial evidence that the project will have a significant effect on the environment and that the Addendum to the National City Downtown Specific Plan Program Environmental Impact Report reflects the City's independent judgment and analysis, and hereby recommends the City Council approve the Addendum to the National City Downtown Specific Plan Program Environmental Impact Report and file the Notice of Determination. BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council approve the amendment to the Downtown Specific Plan. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council for public hearing before the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 21, 2006, by the following vote: AYES: DeLaPaz, Farias, Baca, Alvarado, Pruitt, Reynolds, Flores NAYS: ABSENT: ABSTAIN: >�2 CHAIRMAN 4 Downtown Specific Plan Boundary Zone 5B Boundary 1 1 1 I Feet 0 255 510 1,020 APN: 556-554-16 Planning Commission September 2 1 , 2009 Location Map 2008-53 SPA Downtown Specific Plan Amendment 09-02.09 SPECIFIC PLAN AMENDMENT (SP-2008-53) DOWNTOWN SPECIFIC PLAN DEVELOPMENT ZONE 5B BOUNDARY Kimball Park Centro Project — 61 units under construction Proposed Extended Stay Hotel 6 DEVELOPMENT ZONE #5A & #5 B 5A: A AVENUE FROM 9TH STREET TO 12TH STREET 58: NATIONAL CITY BOULEVARD FROM 9TH STREET TO 12TH STREET 5A Development Intensity Floor Area Ratio: Maximum Height, Townhouse Dwelling Units Per Acre 5B Development Intensity Floor Area Ratio: 4:1 Maximum Height, 90' For townhouses, additional height, beyond the 36-foot limit, is not allowed for an additional occupied floor, but can be approved for stair houses, garden rooms, trellis structures and similar. 3:1 36' 20-30 General Guidelines: Development Zone 5A encompasses the eastern half of the three -block area fronting on A Avenue National City Boulevard between 9th and 12th Streets contains the historic Brick Row townhomes, which are a major component of National City's Downtown historic core. Development along A Avenue from Plaza to 12th should be two or three- story row homes complementing Brick Row and other historic structures on the east side of A Street, and continuing the scale of this development to create a strong pedestrian connection to Kimball Park. Development Zone 5B includes the soon to be redeveloped Trophy Lounge site which is soon to be redeveloped, and the new Chamber of Commerce building. The frontages on National City Boulevard from Plaza to 12th Street should be developed as medium -density residential over street - oriented retail. 5A & 5B Preferred Land Uses: Medium -density multi -family residential over street -level retail (on National City Boulevard; Row homes on A Avenue. Retain and enhance existing civic, historic and redeveloped commercial uses on the block bounded by National City Boulevard, 9th Street, A Avenue and Plaza Boulevard. 5A & 5B Restricted or Prohibited Land Uses: As per underlying Zoning Regulations. 5A & 5B Design Guidelines: • Vehicular access from National City Boulevard is prohibited. Access to parking and service for retail must be from Plaza Boulevard, 1 1 th Street or 12th Street. IV - 13 L A N D USE R E G U L A T I O N S & D E V E L O P M E N T STANDARDS FEBRUARY 2005 7 • General design guidelines for multifamily over retail should be identical to Development Zone 3, as described above. • A Avenue should be reinforced as a pedestrian -oriented residential street with a strong connection to Kimball Park. Pedestrian entries ("front doors") of new townhomes should face A Avenue. Small entry courtyards or gardens at these townhomes should be encouraged. Townhome garage entries should not face A Avenue. BUILD TO LNE (MAINTAIN STREEIWALLJ MID -RISE OENCE OR MIXED -USE MEDtUM•DENSIEY I in -fi RESIDENTIAL �- ? m 0 w = 0 0 STREE7-ORIENTED RETAIL SUREE1.OMENTED RETAIL NATIONAL CITY BOULEVARD. Looking North. Between 12th and 9th Street ZONES 5 & 6 IV-14 I AND USE REGULATIONS & DEVELOPMENT STANDARDS FEBRUARY 2005 8 CAL 1FOR$IA tNCOR:pQ$ATED~ CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 Program EIR Addendum Case File Information: Downtown Specific Plan Program Environmental Impact Report (SCH #2004011110) Reference Files: SP 2008-53, IS (related files SP-2005-1) Addendum Completed by: Peggy Chapin, Principal PlannerKJ Date: September 10, 2009 Project Description: The Downtown Specific Plan establishes land use and development policy for approximately 150-acres within the downtown area. The specific plan includes land use regulations, development standards, and design guidelines for the physical development of the plan area. Addendum Description: A proposed amendment to the specific plan (2008-53 SP) would allow hotel uses to all parcels within Subarea 5B. Background The City Council approved the National City Downtown Specific Plan (DSP) and certified the Program EIR for the specific plan on February 1, 2005. The specific plan guides new development in the core of National City over the next 20 years. The Program EIR identified several significant impacts and contained a number 9 of mitigation measures that have been incorporated into the development within the specific plan area. An addendum to the DSP was approved on April 21, 2005 to adjust the eastern boundary. Specifically, the boundary was adjusted across D Avenue (approximately 160 feet) to include a 21,937 square foot (half acre) site immediately south of 8th Street. Project Description: The applicant, Wayne Hann, Constellation Property Group, proposes to amend the Downtown Specific Plan to allow for hotel use on a parcel identified as APN 556-554-16, addressed as 45 E. 12th Street. Currently, under the DSP land use permitted on this site is medium -density multi -family residential over street level retail. The applicant proposes to operate a 61-unit Centro condominium project, currently under construction, at the northeast comer of 12th Street and A Avenue for short-term rentals that would allow stays of longer than a few days. The proposed use is considered a hotel use, which is not a permitted use on this particular parcel. All of Development Zone 5B, except one parcel, has an underlying commercial zone designations (CM and CG zones) that permits hotel and related uses. However, the Centro project is located on the only parcel in the zone that does not have an underlying commercial zone, but rather a Civic Institutional (IC) zone, which does not allow hotel uses. The applicant has proposed the amendment to explicitly permit hotel uses. The purpose of this amendment is to permit extended - stay hotel uses within Subarea 5B. Downtown Specific Plan: The Specific Plan provides design guidelines and land use recommendations to guide the future development of the 135-acre Project Area. The Specific Plan does not include specific projects or any specific sites for future development. Specific land uses are recommended, however when there is conflict with the underlying city zoning, the Specific Plan land uses would prevail. Environmental Analysis The Program EIR was certified in XX. It addresses potential impacts to the following: land use/planning, geology/soils, traffic/circulation, aesthetics, noise, air quality, hazards/hazardous materials, population/housing, cultural resources, water services, police protection, fire protection, school facilities, sewage services, and recreation. The potential impacts of the proposed amendment are identified as land use, building codes, and traffic. The following is a discussion of those potential impacts: 10 Land Use: Subarea 5B of the DSP encompass 15 parcels that border National City Boulevard south of 11 th Street and those parcels bordering the north side of 12 Street to D Avenue. There are 3 underlying zones for these parcels within Subarea 5B which makes consistent development of these parcels awkward. A 61-unit condominium project was recently constructed on the parcel APN 556- 554-16 that fronts on 12th Street, across from the Martin Luther King Community Center. Due to the current deflated market for the sale of condominiums, the applicant proposes to operate an extended -stay hotel at the site. The hotel would serve to further the redevelopment of downtown as a destination for tourists. Since other parcels within Subarea 5B are zoned Commercial General and Medium Commercial, hotel uses would be permitted. In order to meet the objectives of the DSP, adding hotel use to the remaining parcel would promote pedestrian uses, tourism, and retail businesses. No additional land use issues discussed in the previous Program EIR are updated by this Addendum since the underlying Commercial General and Commercial Medium zones throughout the subarea and elsewhere in the specific plan area would allow hotel uses. By including the additional parcel would not impact the plan area since the EIR considers a project buildout and the specific plan area has not experienced the growth as anticipated in the early stages of the EIR preparation. California Building Code 2007: The Centro project was constructed to condominium standards. In order to change the use from a multi -family condominium use to a hotel use, a change of occupancy from a R1 to R2 occupancy is required, per the 2007 California Building Code. Some of those changes include California accessibility upgrades and fire rated partitions. Prior to the converting the multi -family development to a hotel use, the applicant will complete those changes in order to obtain certificates of occupancy for the hotel. No impacts are anticipated since occupancy for a hotel use would not be granted by the Building Official until the R2 occupancy upgrades are completed. Traffic Impacts The Centro condominium project was constructed at a density of 50 dwelling units per acre (52,272 sf parcel/61 units = 856 sf per unit). Based on the Sandag's average trip generation rates a 61 unit condo at more than 20 dwelling units per acre would result in 8 trips per dwelling unit or 488 average daily trips. Considering 100% hotel occupancy, each unit would generate 8 trips per room or 488 daily trips. The net result between the condominium use and the hotel use would be no additional impact than previously assessed by the EIR prepared for the DSP. Since the estimated daily trip generation rate is less than 1,000 ADTs, a Traffic Impact Study would not be required and the traffic report prepared for the EIR would suffice. No additional traffic impacts are anticipated. 11 Justification for Preparation of an Addendum Pursuant to CEQA §15162, no Subsequent or Supplemental EIR or Negative Declaration is needed for this project since there are no substantial changes to the project or circumstances that will result in new significant impacts or a substantial increase in the severity of previously identified impacts. The Environmental Analysis and background information above demonstrate that there are no potential for new significant impacts or for a substantial increase in the severity of impacts identified in the certified Program EIR. Since the character of the project and the circumstances of the project area are unchanged the land use/planning, geology/soils, traffic/circulation, aesthetics, noise, air quality, hazards/hazardous materials, population/housing, cultural resources, water services, police protection, fire protection, school facilities, sewage services, and recreation discussions in the Program EIR are still relevant and need not be re-examined. 12 1. PROJECT TITLE/PROJECT #: Specific Plan Amendment, Project No. 2009-53 SP, IS 2. LEAD AGENCY: City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Contact: Peggy Chapin, MCP Phone: (619) 336-4319 3. PROJECT LOCATION: Downtown Specific Plan within the City of National City 4. PROJECT PROPONENT: Community Development Commission 1243 National City Boulevard National City, CA 91950 Contact: Peggy Chapin, AICP Phone: (619) 336-4419 5. COMBINED GENERAL PLAN/ Downtown Specific Plan and development zones ZONING DESIGNATION: 6. ASSOCIATED APPLICATIONS: N/A 7. PROJECT DESCRIPTION: The project is a proposed amendment to allow hotel uses for p,rcel within Subarea 5B of the Downtown Specific Plan. The specific plan consists of development zones with land use regulations, development standards, and design guidelines for each zone. 8. OTHER AGENCIES WHOSE APPROVAL MAY BE REQUIRED (AND PERMITS NEEDED): N/A ENVIRONMENTAL FACTORS POTENTIALLY A}FECTED: 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. 13 Initial Study - Page 2 of 14 ❑ Aesthetics ❑ Agriculture ❑ Biological Resources ❑ Cultural Resources ❑ Geological Problems ❑ Hazards & Hazardous Materials ❑ Land Use / Planning ❑ Noise ❑ Public Services 0 Recreation ❑ Utilities & Service Systems 0 Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this Initial Evaluation: ❑ Air Quality ❑ Energy Sc Mineral Resources ❑ Hydrology /Water Quality O Population / Housing ❑ Transportation/Circulation I find that the proposed project COULD NOT have a significant effect on the environment, and an ADDENDUM TO THE DOWNTOWN SPECIFIC PLAN EIR 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. X El Signature Printed Ny Chapi , AICP Date 9• /0 • 0 7 Title: Principal Planner 14 Initial Study - Page 3 of 14 EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "MI I3flp t" answer is adequately supported if the referenced information sources show that the impact simply does not apply to the project. A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards. 2. All answers must take account of the whole action involved. Answers should address off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence than an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less than Significant w/ Mitigation Incorporated" applied where the incorporation of a mitigation measure has reduced an effect from "Potentially Significant Impact" to "Less then Significant Impact". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D). 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). References to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. This in only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whichever format is selected. 9. The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance. 15 Initial Study - Page 4 of 14 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? (Sources: 1, 2, 3, 4) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Sources: 1, 2, 3, 4) d) Create a new source of substantial light or glare which would adversely affect day or nighttime Views in the area? (Sources: 1,2,3,4) Potentially Less Than Less Thai ao, Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X X The Program EIR for the Downtown Specific Plan found that there would be no significant impacts to aesthetics with the adoption and implementation of the specific plan (EIR, Section 4.4, Page 70). The proposed amendment to the specific plan would not impact aesthetics as the change of use is for a specific parcel for an approved development that conforms to the DSP. Any exterior modifications of the existing building would require compliance with the design guidelines as determined through the consistency review process established by the specific plan. This discretionary entitlement process insures that development projects implement the policies of the specific plan, including the design and aesthetic treatment of buildings and parking structures. Thus, the amendment would avoid or result in less than significant aesthetic impacts with the implementation of the adopted design review policies of the specific plan. II. AGRICULTURE RESOURCES -- In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation & Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (Sources: 1, 2, 3, 4) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Sources: 1, 2, 3, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X X 16 Initial Study - Page 5 of 14 c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (Sources: 1, 2, 3, 4) X The Program EIR for the Downtown Specific Plan found that there would be no significant impacts to agricultural. resources (EIR, Section 9.0, Page 163). The proposed amendment would not result in additional impacts to agricultural resources. III. AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? (Sources: 1, 2, 3, 4) b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (Sources: 1, 2, 3, 4) c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (Sources: 1, 2, 3, 4) d) Expose sensitive receptors to substantial pollutant concentrations? (Sources: 1, 2, 3, 4) e) Create objectionable odors affecting a substantial number of people? (Sources: 1, 2, 3, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X X X The Program EIR for the Downtown Specific Plan found that there would be potentially significant impacts to air quality (EIR, Section 4.6, Page 102). However, the proposed amendment would not result in additional impacts to air quality since there would be no significant changes to the implementation of adopted plans and policies, no changes to permitted land uses, and no increases to allowed land use intensities or densities. IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game (CDBG) or U.S. Fish and Wildlife Service? (Sources: 1, 4) b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Imp Incorporation x X 17 Initial Study - Page 6'of 14 regional plans, policies, and regulations or by the California Department of Fish and Game (CDFG) or US Fish and Wildlife Service? (Sources: 1, 4) c) 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? (Sources: 1, 4) d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Sources: 1, 4) e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? (Sources: 1, 4) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (Sources: 1, 4) X X X X The Program EIR for the Downtown Specific Plan found that there would be no potential significant impacts to biological resources (EIR, Section 9.0, Page 163). The proposed amendment would not result in additional impacts to biological resources. V. CULTURAL RESOURCES Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? (Sources: 1, 4) b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? (Sources: 1, 4) c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? (Sources: 1, 4) d) Disturb any human remains, including those interred outside of formal cemeteries? (Sources: 1, 4) The Program EIR for the Downtown Specific Plan found that there would be no potential significant impacts to cultural resources (EIR, Section 9.0, Page 163) with the implementation of the adopted mitigation measures. The proposed amendment would not result in additional impacts to cultural resources that could not be mitigated with the adopted measures. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X X VI. GEOLOGY & SOILS Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: X Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation 18 Initial Study - Page 7 of 14 i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. (Sources: 1, 4) ii) Strong seismic ground shaking? (Sources: 1, 4) iii) Seismic -related ground failure, including liquefaction? (Sources: 1, 4) iv) Landslides? (Sources: 1, 4) b) Result in substantial soil erosion or the loss of topsoil? (Sources: 1, 4) c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? (Sources: 1, 4) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Sources: 1, 4) e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (Sources: 1, 4) C x The Program EIR for the Downtown Specific Plan found that there would be less than significant impacts from geology and soils (EIR, Section 9.0, Page 163). The proposed amendment would not result in additional impacts from geology and soils. VII. HAZARDS & HAZARDOUS MATERIALS Would the project: Potentially Less Than Less Than No Significant Significant w/ 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? (Sources: 1, 4) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Sources: 1, 4) c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Sources: 1, 4) d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Sources: 1, 4) 19 Initial Study - Page 8;of 14 e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (Sources: 1, 4) f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? (Sources: 1, 4) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Sources: 1, 4) h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Sources: 1, 4) 11 X X X The Program EIR for the Downtown Specific Plan found that there would be no significant impacts from hazards and hazardous materials (EIR, Section 9.0, Page 163). The proposed amendment would not result in additional impacts from hazards and hazardous materials. VIII. HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards or waste discharge requirements? (Sources: 1, 4) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (Sources: 1, 4) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (Sources: 1, 4) d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on - or off -site? (Sources: 1, 4) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Sources: 1, 4) 0 Otherwise substantially degrade water quality? (Sources: 1, 4) g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Sources: 1, 4) h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? (Sources: 1, 4) i) Expose people or structures to a significant risk of loss, injury or death Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X X X 20 Initial Study - Page 9 of 14 involving flooding, including flooding as a result of the failure of a Ievee or dam? (Sources: 1, 4) j) Inundation by seiche, tsunami, or mudflow? (Sources: 1, 4) X X The Program EIR for the Downtown Specific Plan found that there would be less than significant impacts to hydrology and water quality (EIR, Section 9.0, Page 163). The proposed amendment would not result in additional impacts to hydrology and water quality. IX. LAND USE & PLANNING Would the project: a) Physically divide an established community? (Sources: 1, 2, 3, 4) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Sources: 1, 2, 3, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X X The Program EIR for the Downtown Specific Plan found that there would be potentially significant impacts to land use and planning (EIR, Section 4.1, Page 29). The proposed amendment would allow hotel uses to all of Subarea 5B of the DSP. Subarea 5B includes 15 parcels that border National City Boulevard south of 11 th Street and those parcels bordering the north side of 12th Street to D Avenue. There are 3 underlying zones for these parcels, Commercial General, Medium Commercial, and Civic Institutional. All zones except Civic Institutional would allow hotel uses. The amendment would allow hotel uses to all parcels within Subarea 5B. The proposed hotel use would meet those objectives. The proposed amendment would not result in additional impacts to land use and planning since there would be no significant changes to the implementation of adopted plans and policies and no increases to allowed land use intensities or densities. X. MINERAL RESOURCES Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? (Sources: 1, 4) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Sources: 1, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X The Program EIR for the Downtown Specific Plan found that there would be no significant impacts to mineral resources (EIR, Section 9.0, Page 163). The proposed amendment would not result in additional impacts to mineral resources. 21 Initial Study - Page 10 of 14 XI. NOISE Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (Sources: 1, 2, 3, 4) b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? (Sources: 1, 2, 3, 4) c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? (Sources: 1, 4) d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Sources: 1, 2, 3, 4) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Sources: 1, 2, 3, 4) f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (Sources: 1, 2, 3, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X The Program EIR for the Downtown Specific Plan found that there would be potentially significant impacts from noise (EIR, Section 4.5, Page 77). However, the proposed amendment would not result in additional impacts from noise since there would be no significant changes to the implementation of adopted plans and policies, no changes to permitted land uses, and no increases to allowed land use intensities or densities. XII. POPULATION & HOUSING Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (Sources: 1, 2, 3, 4) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Sources: 1,2,3,4) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Sources: 1, 2, 3, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X X X The Program EIR for the Downtown Specific Plan found that there would be potentially significant impacts to population and housing (EIR, Section 4.8, Page 124). The proposed amendment would change the multi- family residential use to a hotel use until market conditions changed. No structural changes would result that would conflict with the approved 61-unit residential development. The extended -stay hotel use would provide for temporary housing for corporate businesses to accommodate for relocation housing. The amendment would not result in increases to allowed land use intensities or densities. 22 Initial Study - Page 11 of 14 'Notre XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (Sources: 1, 4) Police protection? (Sources: 1, 4) Schools? (Sources: I, 4) Parks? (Sources: 1, 4) Other public facilities? (Sources: 1, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact .Incorporation The Program EIR for the Downtown Specific Plan found that there would be less than significant impacts to public services (EIR, Section 9.0, Page 163). The proposed amendment would not result in additional impacts to public services. The proposed use would reduce potential impacts to schools since the extended stay hotel use would provide for temporary housing for business and relocation. err XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Sources: 1, 2, 3, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X 23 Initial Study - Page 12 of 14 b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Sources: 1, 2, 3, 4) X The Program EIR for the Downtown Specific Plan found that there would be less than significant impacts to public services (EIR, Section 9.0, Page 163). The proposed amendment would not result in additional impacts to public services including recreation. XV. TRANSPORTATION/TRAFFIC Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (Sources: 1, 2, 3, 4) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Sources: 1, 2, 3, 4) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Sources: 1, 2, 3, 4) d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Sources: 1, 2, 3, 4) e) Result in inadequate emergency access? (Sources: 1, 2, 3, 4) f) Result in inadequate parking capacity? (Sources: 1, 2, 3, 4) g) Conflict with adopted policies plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Sources: 1, 2, 3, 4) Potentially Less Than Less Than No Significant Significant w/ Significant impact Impact Mitigation Impact Incorporation X X X X X X The Program EIR for the Downtown Specific Plan found that there would be potentially significant impacts to transportation/traffic (EIR, Section 4.3, Page 49). However, the proposed amendment would not result in additional significant impacts to transportation/traffic since there would be no significant changes to the implementation of adopted plans and policies, no changes to permitted land uses, and no increases to allowed land use intensities or densities. The Centro condominium project was constructed at a density of 50 dwelling units per acre (52,272 sf parcel/61 units = 856 sf per unit). Based on the Sandag's average trip generation rates a 61 unit condo at more than 20 dwelling units per acre would result in 8 trips per dwelling unit or 488 average daily trips. Considering 100% hotel occupancy, each unit would generate 8 trips per room or 488 daily trips. The net result between the condominium use and the hotel use would be no additional impact than previously assessed by the EIR prepared for the DSP. Since the estimated daily trip generation rate is less than 1,000 ADTs, a Traffic Impact Study would not be required and the traffic report prepared for the EIR would suffice. No additional traffic impacts are anticipated. 24 Initial Study - Page 13 of 14 XVI. UTILITIES & SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (Sources: 1, 4) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Sources: 1, 4) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Sources: I , 4) d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (Sources: 1, 4) 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? (Sources: 1, 4) f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (Sources: 1, 4) g) Comply with federal, state, and local statutes and regulations related to solid waste? (Sources: 1, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X X X X X The Program EIR for the Downtown Specific Plan found that there would be less than significant impacts to utilities and service systems (EIR, Section 9.0, Page 163). The proposed amendment would not result in additional impacts to utilities and service systems. XVII. MANDATORY FINDINGS of SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? (Sources: 1, 4) b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? (Sources: 1, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X X 25 Initial Study - Page 14 of 14 c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? (Sources: 1, 4) X The Program EIR for the Downtown Specific Plan found that there would be potentially significant impacts under mandatory findings of significance based on the Initial Study. However, the proposed amendment would not result in additional impacts under mandatory findings of significance since there would be no significant changes to the implementation of adopted plans and policies, no changes to permitted land uses, and no increases to allowed land use intensities or densities. REFERENCE SOURCES: Reference # Document Title 1 National City Downtown Specific Plan Final Program Environmental Impact Report 2 National City General Plan 3 National City Downtown Specific Plan 4 Environmental Assessment Form for project 5. Sandag Traffic Generation Rates Available for Review at: National City Planning Dept. 1243 National City Boulevard National City, CA 91950 National City Planning Dept. National City Planning Dept. National City Planning Dept. Traffic Engineering Dept. 26 N ENVIRONMENTAL ASSESSMENT FORM (TO BE COMPLETED BY APPLICANT) The information you provide in this form will be used to determine what type of environmental document will be prepared for the project. To avoid unnecessary project delays, the information you provide should be complete, accurate and unbiased. The State of California requires cities to assess the environmental impact of all development projects before permits for such action are issued. The attached form will assist you in presenting the environmental effects of your project. The form includes information about the project and an assessment of the potential environmental. You may be asked to answer other questions and submit additional information to determine whether an Environmental Impact Report (EIR) is required for the project. This form shall be accompanied by a set of the SITE PLANS, ARCHITECTURAL PLANS (if appropriate), and a PROJECT SCHEDULE. Date Filed: Project No GENERAL INFORMATION 1. Applicant: Wart 44nh Address: 241 14 4-v Sr-r e e 1- an Daeio cj4 g21D1 Phone # GAS. 234.3032 Fax # 6)11.231-1. 36y4 E-Mail: WAyn26 cnnSkllaNtOYtrrdpe41Cc 1)1- o Address: 2*11 14 411 Sh-te4 S Gy, D ; ecco CA .2101 Phone # LDt9.2 34. 3 o 3 2 Fax # (plat. 23 `1. 3 5'H E-Mail: 3. Project Manager (if different from above) Address: Phone # Fax It E-Mail: 2. Property Owner: C a ws tt 1) a ko•1 Groin PROJECT DESCRIPTION 4 Project Site Address: 45 E. 1 2}r, Si- r e e+ 5 APN(s SSIo-Sy-►to NA1i olul (Ai CA 91150 Description of the Project/Proposed Use(s) (i.e. Dwelling Units/Type of Building/Square-Footage): C cons A-yu ct-r-vr‘ o-4 hew enk-ehdec1 Sk- ay ho�e1 �u� 1di n� houst►nc lot urn; ;AS corNa 72 GssnneCar S c eS W i -4h on 1rod2 raYkin_ 51-ruc}-ure. 7. Other Related Permits (List and describe any other related permits and other public approvals required for this project including those required by City, Regional, State and Federal agencies.): $,Atldtn .V¢rrit 1-1 Meck 1 LAt..t1t) tri ccs\ rervi - (ATTroderI) Si‘_ yev¢1opvv,evvk T-e of.t}) Grc ckinc Ve rm t4 (A ir��-oued�) J 11 8. Does the project involve funding from State and/or Federal agency. If so, which one(s)? NO. 9. Describe anticipated phasing of development or if the project is part of a larger project: No. 10. Zoning Designation: 1 C * C G 11. Site Size: 1. 2.. G c re S 12. Square -Footage of Structure(s): 10 c1 103 1 square -feet 13. No. of Floors of Structure(s): 4 CtovrS 14. No. Off -Street Parking Spaces: 72 s r c e S National City Environmental Assessment - Updated Apri/2005 Page 2 of 5 28 15. Square -Footage of Parking Lot and/or Imperious Surface Area 2 3 to$-1 16. Estimated Amount of Grading: 3+.80° 17. Maximum heights of manufactured slopes: iJ/A 4toEet 18. `Residential; Number of Units: 1p 1 Roov" Ke,te s . Range of -talc pries or rents: ‘SO 19. Commercial: Type of Use: N/A 20. Industrial: Loading Facilities: N/A Loading Facilities: 21. Institutional: Type of Use: M/A 22, Loading Facilities: N�A NIA cubic yards square -feet. Unit Sizes: cl 00 scbf} t IS 00 cb-r4 Expected Household size: 2 l� Square -Footage: N /A Square -Footage: /A No. of Employees: 1\l/� Square -Footage: j�j/A No. of Employees: N/A If the project involves a VARIANCE, CONDITIONAL USE PERMIT, GENERAL PLAN AMENDMENT, REZONE, SPECIFIC PLAN, COASTAL DEVELOPMENT. PERMIT indicate clearly why the application is required. Spec+ -ctc -Plc" -AvAtvldrnen} the cehl-yo rojec} tS 1oer,+e('j 1ehi nd nc+hoina\ ci boulevoY8 iviLueevi 11 12 ." Scree -the_ fi.QAiel b�ev14 Zone 5$ . o allow -ickvora r tISP oS a ShsY} \Yvn rent4 a.e re-ss lerl hnu:�1,�!y' rlf4v10 • The buila ivC} tA)t 11 � h1r. a a resider+cc( 1 co l dOW1 nKw► }o�d fi t},t �rQ conarm- gar) Scl� , P 23. Does the project involve a density bonus request? If so, provide discussion of exceptions requested. Ki o . 24. Has a Phase 1 Environmental Assessment been prepared or is one being considered for this project. If on has been prepared, provide a copy for review. ‘(eS rtense seQ GiiAched c ocuw%ev + (1'hct One Lnvir-onrne✓►AAI Si}e Ass essrnetna — 3uty 12 2c`1) National City Environmental Assessment - Updated Aprii2005 Page 3 of 5 29 ARE THE FOLLOWING ITEMS APPLICABLE TO THE PROEJCT OR ITS EFFECTS? All questions answered with a YES shall include a discussion on a separate sheet(s) of paper. Yes No 26_ Change in existing features or any bays, tidelands, beaches, lakes, hills or substantial alternation of ground contours. 27. Change in scenic views or vistas from existing residential area or public lands or roads. 28. Change in pattern, scale or character of general area of project. X 29. Significant amounts of solid waste or litter. 30. Changes in dust, ash, smoke, fumes or odors in vicinity. 31. Change in ocean, bay, lake, stream, or ground water quality or alteration of existing drainage patterns, including drainage into an Environmental Sensitive Area (ESA). 32. Substantial change in existing noise or vibration levels in the vicinity. 33. Site on filled land or on slope of 10% or more. 34. Use or disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 35. Substantial change in demand for municipal services (police, fire, water, sewage, parks, schools, etc.) 36. Substantial increase in fossil fuel consumption (electricity, oil, natural gas, etc.) 37. Relationship to a larger project or series of projects. * 38. Has a prior Environmental Impact Report (EIR) been prepared for a program, plan, policy or ordinance consistent with this 1n` project? 39. If you answered yes to question 38, may this project cause significant effects on the environment that were not examined in the prior EIR. -for (� vrePGr�c) -fir e dot,ov )W SbeC�TtC_ Tlavl x X x 30 ENVIRONMENTAL SETTING: 40. Describe the project site as it exists before the project, including information on topography (including distinguishing natural and manmade characteristics), soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe arty existing structures on the site and the use of the structures. Please include photographs of the project site. l'.o ec} sr le r s loco} eanor+tneA&l ru,} iov l cj}� bou c rd and l211'' s veet' S in NGhor�c,l Ce { CA . 1 w►prev a rhe►nts w1- fin a site. conSis} of 1 one .�tveti ravict 164 unused a 111(S -4tme . s rrot it i n 9 -Fre Troper4-t€S Mctu.de. Sorvw cornrytercfc,) bitsitrNeSSes fcS%de✓i4-ig4 atnd cf.,is ce►- r'. No i thlcS drk,tnnS ot1 Peres or d rt;treSSed vege }1n to' spare c-oLAn.d ..ot'hnin -stele ;1d tviy or anti ,trlci tine ex1-eri or (}C -tt'1e Si}e). /1!1 areas o-E }tne ".4i1dtrN031v'd suirdouvutt+n5 tetcc1c4-1eS Were nbA-ed -Fo lie of c300d cored P-ion u) ih-1 no s 5rc�.r�e of drur s or( u rov\d c n99 Troper l ¢S . J J 1 41. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.) intensity of land use (single-family, apartment, shops, etc.) and scale of development (height, frontage, set -back, rear -yard, etc.) Please include photographs of the vicinity. The oferi-c es aktrroctrtel or\ }he sublet} sNir e are. 1,1‘x.e. d use o� ieSleteYll`t q &- corn e rc icz 1 pro rkiJe S . ere q re no r 'letY"-A-F4Ck-ur i n s o (' - c}vrt es rn +►.el r�erctl f► C try' No evtd.eru.e erf s-t-res e8 e on (-howl omen } tYl tn9L.t ;cierrt- water re idendted. CERTIFICATION: 1 hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability and that the facts, statements, and information presented are true and correct to the best of my knowledge and behalf. PRINT AME of Pe SIGNATURE pleted Application -et:cuarLf 2.1Q 2001 DATE PRINT NAME SIGNATURE of Applicant (if different than above) DATE 31 CONSTELLATIONPROPERTYGROUP August 4, 2009 Peggy Chapin, AICP Principal Planner City of National City 1243 National City Boulevard National City, CA 91950 619-336-4319 Dear Peggy Chapin, Constellation Property Group is requesting the city's approval for Amendment of Specific Plan for the Centro Project. The project is located behind National City Boulevard between 1 1'' and 12'' Streets in the development zone 5B. CPG would like to allow temporary use of the property as short term rental residential building (hotel); during this period in the depressed housing market. The building will continue to be mapped as residential condominiums for future conversions and sale. Zoning that occurred with the adoption of the Downtown Specific Plan unfortunately excluded this site and this initiative therefore provides the City to resolve this omission. Permitted under R2 occupancy the building has undergone all required changes as required under the new R1 occupancy. If you require any additional information or have any questions on this matter, please do not hesitate t contact me at anytime to discuss. Yours sincerely, Wayne Hann Beautiful Australian inspired ultra modern condominiums USA 241 14t St. San Diego CA 92101 USA TEL 619-234-30y2FAX 619-234-3544 info@constellationproperty.com Australia Level 7, 107 Mount St, North Sydney NSW 2060 Australia TEL +61 2 9922 4375 FAX +61 2 9929 5786 www.constellationproperty.com City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE October 6, 2009 AGENDA ITEM NO. 15 ITEM TITLE PUBLIC HEARING; ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT TO EXTEND, WITH RESPECT TO CERTAIN CONSTITUENT PROJECT AREAS, THE DEADLINES FOR EFFECTIVENESS AND THE DEADLINES TO REPAY INDEBTEDNESS OR RECEIVE PROPERTY TAXES PURSUANT TO SENATE BILL 1096, AS CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6(e) PREPARED BY EXPLANATION Brad Raulston DEPARTMENT Community Development (Ext. 4256) Please refer to the attached memorandum, and Background Report. Environmental Review N/A Approved By: Finance Director Financial Statement As further explained in the attached Background Report, it is estimated that adoption of the attached Ordinance will generate an additional $39.9 Million of tax increment funds during the extension of the time limits to pay indebtedness and receive property taxes. Account No. STAFF RECOMMENDATION Hold public hearing. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Memorandum Nku.t 2. Background Report 3. Proposed ordinance 4. Public Hearing and Affected Taxing Entity Notices A-200 (9/99) +'CALIFORNLA Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate INCORPORATED Office of the City Attorney TO: Mayor and City Council FROM: City Attorney SUBJECT: Public Hearing to Consider Proposed Amendment to Redevelopment Plan City Attorney George H. Eiser, III Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette DATE: September 23, 2009 Staff has been working since early this year with Urban Futures, Inc., ("UFI") a redevelopment and land use consulting firm, in conjunction with special counsel Stradling Yocca Carlson & Rauth ("SYCR") who also specialize in these areas. In order for the CDC to achieve fiscal sustainability by having the option in the future to incur debt, such as through loans or the issuance of bonds, UFI and SYCR have recommended that the CDC avail itself of the authority granted under SB 1096 to extend the time limitations of the current Redevelopment Plan pertaining to: (1) the effective date, or "effectiveness" of the Plan; (2) the time to receive property taxes; and (3) the time to repay debt. Executive Director Brad Raulston concurs with this recommendation. In order to extend the subject time limitations, it is necessary for the City Council to enact an ordinance to amend the Redevelopment Plan. A copy of the proposed ordinance is attached. The amendment would apply to six of the seven constituent portions of the Project Area, namely: (1) E.J. Christman Business and Industrial Park Redevelopment Project No. I; (2) South Bay Town and Country Redevelopment Project; (3) Center City Redevelopment Project; (4) E.J. Christman Business and Industrial Park Redevelopment Project No. II A & B; (5) Downtown Redevelopment Project; and (6) Downtown Amended Redevelopment Project. The seventh portion of the Project Area, the Harbor District, was added in 1995 and is not eligible for the extension. A detailed explanation of the effect of the proposed ordinance is provided in the attached Background Report. Prior to the introduction of the proposed ordinance, the California Community Redevelopment Law ("CCRL") requires that the City Council hold a public hearing. One of the prerequisites to holding the public hearing is to publish notice at least 10 days in advance, and to mail a notice of the hearing to the affected taxing entities at least 30 days in advance of the hearing. In order to comply with the mailed notice requirement, the 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 1 Memo — Mayor and City Council Re: Public Hearing to Consider Proposal Page 2 September 23, 2009 notice was mailed on September 3; a copy of the notice is attached. Also attached is a copy of the notice of public hearing. In view of recent history, it should be emphasized that the proposed amendment pertains only to the extension of the three -time limitations described above; the amendment does not expand the CDC's eminent domain authority or the areas in which that authority may be exercised. A companion item on this October 6 agenda is the introduction of the proposed ordinance. GHE/ama Enclosures GEORG H. EISER, III City Attorney 2 BACKGROUND REPORT Redevelopment Program Historical Summary The Community Development Commission of the City of National City ("CDC") is organized and existing under Part 1.7 of the California Health and Safety Code (§ 34100, et seq.), functions as a redevelopment agency and housing authority pursuant to the California Community Redevelopment Law (Health and Safety Code § 33000, et seq.; hereinafter, "CCRL") and is responsible for the administration of redevelopment activities within the City of National City ("City"). The City Council has adopted and subsequently amended the Redevelopment Plan ("Plan") for the National City Redevelopment Project (the "Project" or "Project Area") which includes seven (7) constituent project areas and consists of approximately 2,414 acres. The Plan's seven (7) constituent project areas consist of the: 1. E. J. Christman Business and Industrial Park Redevelopment Project No. I (adopted on November 18, 1969 by Ordinance No. 1233); 2. South Bay Town and Country Redevelopment Project (adopted on June 24, 1975 by Ordinance No. 1471); 3. Center City Redevelopment Project (adopted on April 13, 1976 by Ordinance No. 1505); 4. E. J. Christman Business and Industrial Park Redevelopment Project No. II A & B (adopted on December 13, 1977 by Ordinance No. 1610); 5. Downtown Redevelopment Project (adopted on December 1, 1981 by Ordinance No. 1762); 6. Downtown Amended Redevelopment Project (adopted on April 16, 1985 by Ordinance No. 1851); and 7. Harbor District Redevelopment Project (adopted on July 18, 1995 by Ordinance No. 95-2095). In addition, the Ordinance adopting the Harbor District Redevelopment Project also merged the Plan's seven (7) constituent project areas into the Project Area. SB 1096 CCRL § 33333.6(e)(2)(D), enacted by Senate Bill 1096 (Chapter 211, Statutes of 2004), authorizes, subject to certain prerequisites, certain time extension amendments to redevelopment plans adopted on or before December 31, 1993. Six of the Project's constituent project areas were adopted on or before December 31, 1993 (i.e., the E. J. Christman Business and Industrial Park Redevelopment Project No. I, South Bay Town and Country Redevelopment Project, Center City Redevelopment Project, E. J. Christman Business and Industrial Park Redevelopment Project No. II A & B, Downtown Page 2 Redevelopment Project and Downtown Amended Redevelopment Project ["Pre-1994 Redevelopment Plans"]). The CCRL provides that redevelopment plans adopted on or before December 31, 1993, for which the time limit for the effectiveness of the redevelopment plan is ten (10) years or less from the last day of the fiscal year in which an Educational Revenue Augmentation Fund ("ERAF") payment is made (for FYs 2004-05 and 2005-06, as required by SB 1096) may be amended to extend the time limit on the effectiveness of the redevelopment plan and the time limit to repay indebtedness or receive property taxes by one year for each year an ERAF payment is made, subject to certain conditions. In that regard, adoption of an amending ordinance is subject to conducting a public hearing and providing appropriate notice, to extend the time limit on the effectiveness of the redevelopment plan and the time limit to repay indebtedness or receive property taxes by one year for each year an ERAF payment is made. In addition, the amending ordinance must contain findings that the funds used to make the ERAF payments would otherwise have been used to pay the costs of projects and activities necessary to carry out the goals and objectives of the redevelopment plan. This permitted extension fully applies to the E. J. Christman Business and Industrial Park Redevelopment Project No. I and partially applies (for one year) to the South Bay Town and Country Redevelopment Project constituent portions of the Project Area. On the other hand, redevelopment plans adopted on or before December 31, 1993, for which the time limit for the effectiveness of the redevelopment plan is more than 10 years but less than 20 years from the last day of the fiscal year in which an ERAF payment is made (for FYs 2004-05 and 2005-06, as required by SB 1096) may be amended to extend the time limit on the effectiveness of the redevelopment plan and the time limit to repay indebtedness or receive property taxes by one year for each year an ERAF payment is made, subject to conducting a public hearing and making the following findings in the amending ordinance: 1. Funds used to make the FY 2004-05 and FY 2005-06 ERAF payments would otherwise have been used to pay the cost of projects and activities necessary to carry out the goals and objectives of the Project; 2. The Agency is in compliance with the requirements of CCRL § 33334.2 (i.e., it sets aside 20% of its tax increment for low- to moderate -income ["LMI"] housing); 3. The Agency has adopted an implementation plan; 4. The Agency is in compliance with subdivisions (a) and (b) of CCRL § 33413, to the extent applicable (i.e., replacement housing; inclusionary requirements); 5. The Agency is not subject to sanctions pursuant to CCRL § 33334.12 for failure to expend, encumber or disburse excess surplus LMI funding; and 6. The notice of public hearing was mailed to the governing bodies of the affected taxing entities at least thirty (30) days prior to the hearing and published in newspaper of general circulation in the community at least once not less than ten (10) days prior to the date of the public hearing. Page 3 This permitted extension partially applies to the South Bay Town and Country Redevelopment Project (for one year) and fully applies to. the Center City Redevelopment Project, E. J. Christman Business and Industrial Park Redevelopment Project No. II A & B, Downtown Redevelopment Project and Downtown Amended Redevelopment Project constituent portions of the Project Area. In addition, SB 1096 specifically authorized the abbreviated amendment process described in this report. Recommendation The effect of adopting the attached Ordinance will be to extend the. time limit on the effectiveness of the Plan and the time limit to repay indebtedness or receive property taxes for the maximum number of years permitted by CCRL for the Pre-1994 Redevelopment Plans, as described above. Since the CDC is in compliance with all of the above noted conditions, staff recommends that the Plan be amended to extend the Project's time limits on the effectiveness of and the time limits to repay indebtedness or receive property taxes for the periods authorized by the CCRL. The attached Ordinance was drafted by the CDC's redevelopment and financial advisory consultant, Urban Futures, Inc. ("UFI") and approved as to form by the CDC's special counsel, Stradling, Yocca, Carlson & Rauth. All of the noticing requirements described above have been met. Copies of the notice of public hearing and the notice to affected taxing entities are also attached. Fiscal Impact The CDC made its FY 2004-05 and FY 2005-06 ERAF payments in the amounts of $696,863.93 and $698,473.99, respectively. Therefore, during these two fiscal years the CDC's ERAF payments totaled $1,395,337.92. Utilizing a conservative growth rate of 2%, UFI has estimated that extending the time frame for receipt of tax increment revenues, as described above, will generate a gross allocation of approximately $39.3 million to the CDC. Needless to say, adoption of the attached Ordinance is a fiscally prudent action. ORDINANCE NO. 2009- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT TO EXTEND, WITH RESPECT TO CERTAIN CONSTITUENT PROJECT AREAS, THE DEADLINES FOR EFFECTIVENESS AND THE DEADLINES TO REPAY INDEBTEDNESS OR RECEIVE PROPERTY TAXES PURSUANT TO SENATE BILL 1096 AS CODIFIED IN HEALTH AND SAFETY CODE § 33333.6(e) WHEREAS, the City Council of the City of National City (the "City Council") has adopted and subsequently amended the Redevelopment Plan (the "Plan") for the National City Redevelopment Project which includes seven (7) constituent project areas and consists of approximately 2,414 acres; and WHEREAS, The Community Development Commission of the City of National City (the "CDC") is organized and existing under Part 1.7 of the California Health and Safety Code (§ 34100, et seq.), functions as a redevelopment agency and housing authority pursuant to the California Community Redevelopment Law (Health and Safety Code § 33000, et seq.; hereinafter, the "CCRL") and is responsible for the administration of redevelopment activities within the City of National City (the "City"); and WHEREAS, the Plan's seven (7) constituent project areas consist of the E. J. Christman Business and Industrial Park Redevelopment Project No. I (adopted on November 18, 1969 by Ordinance No. 1233), South Bay Town and Country Redevelopment Project (adopted on June 24, 1975 by Ordinance No. 1471), Center City Redevelopment Project (adopted on April 13, 1976 by Ordinance No. 1505), E. J. Christman Business and Industrial Park Redevelopment Project No. II A & B (adopted on December 13, 1977 by Ordinance No. 1610), Downtown Redevelopment Project (adopted on December 1, 1981 by Ordinance No. 1762), Downtown Amended Redevelopment Project (adopted on April 16, 1985 by Ordinance No. 1851) and Harbor District Redevelopment Project (adopted on July 18, 1995 by Ordinance No. 95-2095) (collectively, the "Constituent Project Areas"); and WHEREAS, the City Council initially adopted four separate stand-alone redevelopment projects consisting of the E. J. Christman Business and Industrial Park Redevelopment Project No. I, South Bay Town and Country Redevelopment Project, Center City Redevelopment Project and E. J. Christman Business and Industrial Park Redevelopment Project No. II A & B (the "Initial Project Areas"); and WHEREAS, on December 1, 1981, the City Council, by Ordinance No. 1762, adopted the Downtown Redevelopment Project and merged it with the Initial Project Areas (the "Downtown Merged Area"); and WHEREAS, the Downtown Merged Area was further amended on: i) May 22, 1984 by Ordinance No. 1821 (to amend certain eminent domain provisions); ii) April 16, 1985 by -1- Ordinance No. 1851 (to add a sixth constituent redevelopment area to the Downtown Redevelopment Project (i.e., the Downtown Amendment); iii) June 18, 1991 by Ordinance No. 91-2013 (to amend certain financial limits); and iv) November 22, 1994 by Ordinance No. 94- 2086 (pursuant to AB 1290); and WHEREAS, on July 18, 1995, the City Council, by Ordinance No. 95-2095, adopted the redevelopment plan for the National City Redevelopment Project, which added a seventh redevelopment area (i.e., the Harbor District) and merged it with the Downtown Merged Area (the "Project" or "Project Area"); WHEREAS, the Project was amended on: i) January 6, 2004 by Ordinance No. 2004- 2237 (pursuant to SB 211 and SB 1045); ii) on May 15, 2007 by Ordinance No. 2007-2293 (pursuant to SB 53); and iii) on July 17, 2007 by Ordinance No. 2007-2295 (to amend certain eminent domain provisions); and WHEREAS, with respect to redevelopment plans adopted on or before December 31, 1993, for which the time limit for the effectiveness of the redevelopment plan is 10 years or less from the last day of the fiscal year in which an Educational Revenue Augmentation Fund (the "ERAF") payment is made (pursuant to CCRL § 33681.12), CCRL § 33333.6(e)(2)(D)(i) provides that when a redevelopment agency is required to make a payment pursuant to CCRL § 33681.12, the legislative body may, for each year that a payment was made, amend the redevelopment plan to extend by one year the time limit on the effectiveness of the redevelopment plan and the time limit to repay indebtedness or receive property taxes pursuant to CCRL § 33670 by adoption of an ordinance, without the necessity of compliance with CCRL § 33354.6 or Article 12 (commencing with Health and Safety Code § 33450) or any other provision of the CCRL related to the amendment of redevelopment plans, including, but not limited to, the requirement to make the payment to affected taxing entities required by CCRL § 33607.7; and WHEREAS, with respect only to redevelopment plan amendments that are consistent with the immediately preceding recital, the legislative body need not adopt any additional findings for such extensions, other than the finding set forth in § 3 of this Ordinance; and WHEREAS, with respect to redevelopment plans adopted on or before December 31, 1993, for which the time limit for the effectiveness of the redevelopment plan is more than 10 years but less than 20 years from the last day of the fiscal year in which an ERAF payment is made (pursuant to CCRL § 33681.12), CCRL § 33333.6(e)(2)(D)(ii) provides that when a redevelopment agency is required to make a payment pursuant to CCRL § 33681.12, the legislative body may, for each year that a payment was made, amend the redevelopment plan to extend by one year the time limit on the effectiveness of the redevelopment plan and the time limit to repay indebtedness or receive property taxes pursuant to CCRL § 33670 by adoption of an ordinance, without the necessity of compliance with CCRL § 33354.6 or Article 12 (commencing with Health and Safety Code § 33450) or any other provision of the CCRL related to the amendment of redevelopment plans, including, but not limited to, the requirement to make the payment to affected taxing entities required by CCRL § 33607.7 provided the City Council makes the findings set forth in § 4 of this Ordinance with respect to the Projects; and -2- WHEREAS, the CDC made the Fiscal Year 2004-05 and the Fiscal Year 2005-06 payments for deposit in the San Diego County ERAF pursuant to CCRL § 33681.12; and WHEREAS, six of the Project's Constituent Project Areas were adopted on or before December 31, 1993, i.e., i) the E. J. Christman Business and Industrial Park Redevelopment Project No. I, ii) South Bay Town and Country Redevelopment Project, iii) Center City Redevelopment Project, iv) E. J. Christman Business and Industrial Park Redevelopment Project No. II A & B, v) Downtown Redevelopment Project and vi) Downtown Amended Redevelopment Project (the "Pre-1994 Redevelopment Plans") and subject to the perquisites described herein, the City Council by adoption of an ordinance may, for each year that an ERAF payment was made (i.e., Fiscal Years 2004-05 and 2005-06), extend by one year the time limit on the effectiveness of the redevelopment plan and the time limit to repay indebtedness or receive property taxes pursuant to CCRL § 33670; and WHEREAS, the notice of public hearing that is a prerequisite to the consideration of this Ordinance was mailed to the governing bodies of the affected taxing entities at least thirty (30) days prior to the public hearing and published in a newspaper of general circulation in the community at least once not less than ten (10) days prior to the date of the public hearing; and WHEREAS, the CDC and the City Council desire that the portion of the Project Area consisting of the Pre-1994 Redevelopment Plans be amended, to the extent that they are eligible, to extend the time limits on the effectiveness of the Plan and the time limits to repay indebtedness or receive property taxes pursuant to CCRL § 33670(b) as a result of the CDC's ERAF payments made during Fiscal Years 2004-05 and 2005-06. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Ordinance. The foregoing recitals are true and correct and a substantive part of this Section 2. Pursuant to the authority provided by CCRL § 33333.6(e)(2)(D), the City Council hereby extends the time limit on the effectiveness of the redevelopment plan and the time limit to repay indebtedness or receive property taxes for the maximum number of years permitted by CCRL § 33333.6(e)(2)(D) with respect to the following constituent portions of the Project Area: i) E. J. Christman Business and Industrial Park Redevelopment Project No. I; ii) South Bay Town and Country Redevelopment Project; iii) Center City Redevelopment Project; iv) E. J. Christman Business and Industrial Park Redevelopment Project No. II A & B; v) Downtown Redevelopment Project; and vi) Downtown Amended Redevelopment Project. Section 3. The City Council hereby finds and determines that the funds used to make the Fiscal Year 2004-05 and Fiscal Year 2005-06 ERAF payments with respect to the E. J. Christman Business and Industrial Park Redevelopment Project No. I, South Bay Town and Country Redevelopment Project, Center City Redevelopment Project, E. J. Christman Business and Industrial Park Redevelopment Project No. II A & B, Downtown Redevelopment Project, -3- and Downtown Amended Redevelopment Project would otherwise have been used to pay the cost of projects and activities necessary to carry out the goals and objectives of the Plan. Section 4. The City Council hereby finds and determines with respect to South Bay Town and Country Redevelopment Project, Center City Redevelopment Project, E. J. Christman Business and Industrial Park Redevelopment Project No. II A & B, Downtown Redevelopment Project and Downtown Amended Redevelopment Project constituent portions of the Project Area as follows: (a) The CDC is in compliance with the requirements of CCRL § 33334.2; (b) The CDC has adopted an implementation plan in accordance with the requirements of CCRL § 33490; (c) The CDC is in compliance with subdivisions (a) and (b) of CCRL § 33413, to the extent applicable; (d) The CDC is not subject to sanctions pursuant to CCRL § 33334.12(e) for failure to expend, encumber or disburse excess surplus; and (e) The notice of public hearing was mailed to the governing bodies of the affected taxing entities at least thirty (30) days prior to the hearing and published in newspaper of general circulation in the community at least once not less than ten (10) days prior to the date of the public hearing. Section 5. Except as amended by this Ordinance, all other terms and conditions of the Plan shall remain the same. Section 6. If any part of this Ordinance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance and this City Council hereby declares that it would have passed the remainder of this Ordinance if such invalid or unconstitutional portion thereof had been deleted. Section 7. The City Council hereby authorizes and directs the City Manager and CDC Executive Director to undertake such actions and execute such documents as may be reasonably necessary or convenient to the carrying out and administration of the action authorized by this Ordinance. Section 8. The City Council held a duly noticed public hearing on the adoption of this Ordinance. Section 9. This Ordinance shall be in full force and effect thirty (30) days after passage. Section 10. The City Clerk shall certify to the passage of this Ordinance and is hereby directed to publish or post this Ordinance in accordance with law. -4- Section 11. The enactment of this Ordinance is not a project pursuant to the California Environmental Quality Act (Public Resources Code § 21000 et seq.) and CEQA Guidelines (14 Cal. Code Regs § 15000 et seq.), and specifically § 15378(b)(4) because the actions described herein are the continuation of an existing governmental funding mechanism and a fiscal activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Because enactment of this Ordinance is not a project for CEQA purposes, this action is exempt from CEQA pursuant to CEQA Guidelines § 15061(b)(3), and the City Clerk is directed to file a Notice of Exemption with the County Clerk pursuant to CEQA Guidelines § 15062 within five days of the adoption date of this Ordinance. PASSED AND ADOPTED this day of , 2009. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III, City Attorney Ron Morrison, Mayor -5- Chairman Ron Morrison Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate Executive Director Brad Raulston September 3, 2009 City Of National City Community Development Subject: Amended Notice of a Public Hearing on October 6, 2009 to Consiaer An Ordinance of the City Council of the City of National City, California, Amending the Redevelopment Plan for the National City Redevelopment Project to Extend, with Respect to Certain Constituent Project Areas, the Deadlines for Effectiveness and the Deadlines to Repay Indebtedness or Receive Property Taxes, Pursuant to Senate Bill 1096 as Codified in Health and Safety Code Section 33333.6(e) Dear Governing Bodies of Affected Taxing Entities: On October 6, 2009, the City Council of the City of National City will consider the introduction and first reading of an Ordinance which would amend the Redevelopment Plan (the "Plan") for the National City Redevelopment Project (the "Project" or "Project Area"). The Project is a merged redevelopment project consisting of seven constituent project areas and was adopted consistent with the provisions of the California Community Redevelopment Law (Health and Safety Code § 33000 et seq.; hereinafter, the "CCRL"). Pursuant to CCRL § 33333.6(e)(2)(D) and as a result of the CDC's Fiscal Year 2004-2005 and Fiscal Year 2005-06 Education Revenue Augmentation Fund (the "ERAF") payments, six of the Plan's seven constituent project areas are eligible for an extension of their time limits for effectiveness and the time limits to repay indebtedness or receive property taxes. Therefore, the proposed Ordinance would extend the time limits for effectiveness and the time limits to repay indebtedness or receive property taxes for the following six (6) constituent portions of the Project Area: i) E. J. Christman Business and Industrial Park Redevelopment Project No. I; ii) South Bay Town and Country Redevelopment Project; iii) Center City Redevelopment Project; iv) E. J. Christman Business and Industrial Park Redevelopment Project No. II A & B; v) Downtown Redevelopment Project; and vi) Downtown Amended Redevelopment Project. A copy of the proposed Ordinance is enclosed for your information. The City Council will hold a public hearing on October 6, 2009 in connection with the proposed Ordinance. All persons wishing to comment, object, or otherwise be heard at the public hearing will be given an opportunity to appear and be heard at the time, date and place of the public hearing. In addition, interested persons may submit written comments to the City Clerk at City Hall prior to the public hearing. Please note that if you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raises at the public hearing described in this notice or in written correspondence delivered to the City Clerk prior to, or at, the public hearing. If you have any questions concerning this matter, please contact me at (619) 336-4256. Since CHRIS ZAPATA City Manager BR:PB:SHD Enclosure 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE At the time of service I was over 18 years of age and not a party to this action. My business address is 1243 National City Boulevard, National City, CA 91950-4301. On September 3, 2009, I served the following document: Notice of Public Hearing on October 6, 2009 to Consider An Ordinance of the City Council of the City of National City of National City, California, Amending the Redevelopment Plan for the National City Redevelopment Project to Extend, with Respect to Certain Constituent Project Areas, the Deadlines for Effectiveness, and the Deadlines to Repay Indebtedness or Receive Property Taxes, Pursuant to Senate Bill 1096 as Codified in Health and Safety Code Section 33333.6(e) on the governing bodies of the affected taxing entities, listed on the attached Exhibit "A". The document(s) were served by the following means (specify): LI By personal service. At a.m./pm., I personally delivered the documents to the persons at the addresses listed above. (1) For a party represented by an attorney, delivery was made to the attorney or at the attorney's office by leaving the documents in an envelope or package clearly labeled to identify the attorney being served with a receptionist or an individual in charge of the office. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not less than 18 years of age between the hours of eight in the morning and six in the evening. PROOF OF SERVICE - 1 1 ® By Certified United States Mail, with Return Receipt Requested. enclosed the documents in a sealed envelope or package addressed to the persons at the addresses listed above (specify one): ❑ Deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid. ® Placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at National City, California. ❑ By overnight delivery. I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses listed above. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. ❑ By messenger service. I served the documents by placing them in an envelope or package addressed to the persons at the addresses listed above and providing them to a professional messenger service for service. A Declaration of Messenger is attached. ❑ By fax transmission. Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax numbers listed above. No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. ❑ By e-mail or electronic transmission. Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e-mail addresses listed above. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on September 3, 2009 at National City, California. Denise Davis PROOF OF SERVICE - 2 Thomas J Pastuzka, Executive Officer County of San Diego Clerk of the Board of Supervisors 1600 Pacific Highway Room 355 San Diego, CA 92101 Judy Abdo, Secretary Metropolitan Water District Clerk of the Board of Directors PO Box 54153 Los Angeles, CA 90054 Rosalie Alvarado, Clerk National School District Clerk of the Board of Directors 1500 N. Avenue National City, CA 91950 Randolph E Ward, Ed.D SD County Office of Education Clerk of the Board of Directors 6401 Linda Vista Road, Room 507 San Diego, CA 92111-7399 Maureen A Stapleton, General Manager San Diego County Water Authority Clerk of the Board of Directors 4677 Overland Avenue San Diego, CA 92123 Jean Roesch, Ed.D, President Southwestern Community College Clerk of the Board of. Directors 900 Otay Lakes Rd Bonita, CA 91910 Jim Dartmill, School Board President Sweetwater Union High School District Clerk of the Board of Directors 1130 Fifth Avenue Chula Vista, CA 91911 NOTICE OF PUBLIC HEARING CITY COUNCIL OF THE CITY OF NATIONAL CITY Pursuant to California Community Redevelopment Law (Health and Safety Code § 33000 et seq.; hereinafter, the "CCRL") § 33681.12, the Community Development Commission (the "CDC") of the City of National City (the "City") made payments to San Diego County (the "County") for deposit into the County Educational Revenue Augmentation Fund (the "ERAF") for Fiscal Year 2004-05 and Fiscal Year 2005-06. CCRL § 33333.6(e)(2)(D) generally provides that when a redevelopment agency is required to make payments pursuant to CCRL § 33681.12, the city council may amend the subject redevelopment plan for certain project areas to extend the time limits on the effectiveness of the redevelopment plan and the repayment of indebtedness or receipt of property taxes. Further, the CDC functions as the City's redevelopment agency and is organized and existing under Part 1.7 of the California Health and Safety Code (§ 34100, et seq.). Therefore, on October 6, 2009, the City Council of the City will consider the introduction and first reading of an Ordinance which, if ultimately adopted, would amend the Redevelopment Plan (the "Plan") for the National City Redevelopment Project (the "Project" or "Project Area"). The Project is a merged redevelopment project consisting of seven constituent project areas and was adopted consistent with the provisions of the CCRL. Pursuant to CCRL § 33333.6(e)(2)(D) and as a result of the CDC's Fiscal Year 2004-2005 and Fiscal Year 2005-06 ERAF payments, six of the Plan's seven constituent project areas are eligible for an extension of their time limits for effectiveness and time limits to repay indebtedness or receive property taxes. Therefore, the proposed Ordinance would extend the time limits for effectiveness and the time limits to repay indebtedness or receive property taxes for the following constituent portions of the Project Area: i) E. J. Christman Business and Industrial Park Redevelopment Project No. I; ii) South Bay Town and Country Redevelopment Project; iii) Center City Redevelopment Project; iv) E. J. Christman Business and Industrial Park Redevelopment Project No. II A & B; v) Downtown Redevelopment Project; and vi) Downtown Amended Redevelopment Project. NOTICE IS HEREBY GIVEN that, pursuant to CCRL § 33333.6(e)(2)(D), the City Council will hold a PUBLIC HEARING on the adoption of the above -described Ordinance on Tuesday, October 6, 2009 at 6:00 p.m., or as soon thereafter as the matter may be heard, in the City Hall Council Chambers located at 1243 National City Blvd., National City. The proposed Ordinance is available for public review and copying at a cost not to exceed the cost of duplication during regular business hours at the City Clerk's office, 1243 National City Boulevard, National City, CA. All persons wishing to comment, object, or otherwise be heard at the public hearing will be given an opportunity to appear and be heard at the time, date and place of the public hearing. In addition, interested persons may submit written comments to the City Clerk at 1243 National City Boulevard, National City, CA 91950 prior to the public hearing. Please note that if you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raises at the public hearing described in -1- this Notice or in written correspondence delivered to the City Clerk prior to, or at, the public hearing. If you have any questions regarding this notice or the proposed Ordinance, please contact Brad Raulston, Executive Director, Community Development Commission of the City of National City, at (619) 336-4256. Michael Dalla, City Clerk -2- City of National City, California CITY COUNCIL AGENDA STATEMENT IEETING DATE October 6, 2009 AGENDA ITEM NO. 16 �EM TITLE ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE REDE VELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT TO EXTEND, WITH RESPECT TO CERTAIN CONSTITUENT PROJECT AREAS, THE DEADLINES FOR EFFECTIVENESS AND THE DEADLINES TO REPAY INDEBTEDNESS OR RECEIVE PROPERTY TAXES PURSUANT TO SENATE BILL 1096, AS CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6(e) PREPARED BY George H. Eiser, III 0 DEPARTMENT City Attorney (Ext. 4221) EXPLANATION Please refer to the agenda materials for the companion public hearing item on this agenda. Environmental Review 4 N/A Approved By: Finance Director Financial Statement It is estimated that adoption of the attached Ordinance will generate an additional $39.9 Million of tax increment funds during the extension of the time limits to pay indebtedness and receive property taxes. Account No. STAFF RECOMMENDATION Introduce ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed ordinance Resolution No. A-200 (9/99) ORDINANCE NO. 2009- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT TO EXTEND, WITH RESPECT TO CERTAIN CONSTITUENT PROJECT AREAS, THE DEADLINES FOR EFFECTIVENESS AND THE DEADLINES TO REPAY INDEBTEDNESS OR RECEIVE PROPERTY TAXES PURSUANT TO SENATE BILL 1096 AS CODIFIED IN HEALTH AND SAFETY CODE § 33333.6(e) WHEREAS, the City Council of the City of National City (the "City Council") has adopted and subsequently amended the Redevelopment Plan (the "Plan") for the National City Redevelopment Project which includes seven (7) constituent project areas and consists of approximately 2,414 acres; and WHEREAS, The Community Development Commission of the City of National City (the "CDC") is organized and existing under Part 1.7 of the California Health and Safety Code (§ 34100, et seq.), functions as a redevelopment agency and housing authority pursuant to the California Community Redevelopment Law (Health and Safety Code § 33000, et seq.; hereinafter, the "CCRL") and is responsible for the administration of redevelopment activities within the City of National City (the "City"); and WHEREAS, the Plan's seven (7) constituent project areas consist of the E. J. Christman Business and Industrial Park Redevelopment Project No. I (adopted on November 18, 1969 by Ordinance No. 1233), South Bay Town and Country Redevelopment Project (adopted on June 24, 1975 by Ordinance No. 1471), Center City Redevelopment Project (adopted on April 13, 1976 by Ordinance No. 1505), E. J. Christman Business and Industrial Park Redevelopment Project No. II A & B (adopted on December 13, 1977 by Ordinance No. 1610), Downtown Redevelopment Project (adopted on December 1, 1981 by Ordinance No. 1762), Downtown Amended Redevelopment Project (adopted on April 16, 1985 by Ordinance No. 1851) and Harbor District Redevelopment Project (adopted on July 18, 1995 by Ordinance No. 95-2095) (collectively, the "Constituent Project Areas"); and WHEREAS, the City Council initially adopted four separate stand-alone redevelopment projects consisting of the E. J. Christman Business and Industrial Park Redevelopment Project No. I, South Bay Town and Country Redevelopment Project, Center City Redevelopment Project and E. J. Christman Business and Industrial Park Redevelopment Project No. II A & B (the "Initial Project Areas"); and WHEREAS, on December 1, 1981, the City Council, by Ordinance No. 1762, adopted the Downtown Redevelopment Project and merged it with the Initial Project Areas (the "Downtown Merged Area"); and WHEREAS, the Downtown Merged Area was further amended on: i) May 22, 1984 by Ordinance No. 1821 (to amend certain eminent domain provisions); ii) April 16, 1985 by -1- Ordinance No. 1851 (to add a sixth constituent redevelopment area to the Downtown Redevelopment Project (i.e., the Downtown Amendment); iii) June 18, 1991 by Ordinance No. 91-2013 (to amend certain financial limits); and iv) November 22, 1994 by Ordinance No. 94- 2086 (pursuant to AB 1290); and WHEREAS, on July 18, 1995, the City Council, by Ordinance No. 95-2095, adopted the redevelopment plan for the National City Redevelopment Project, which added a seventh redevelopment area (i.e., the Harbor District) and merged it with the Downtown Merged Area (the "Project" or "Project Area"); WHEREAS, the Project was amended on: i) January 6, 2004 by Ordinance No. 2004- 2237 (pursuant to SB 211 and SB 1045); ii) on May 15, 2007 by Ordinance No. 2007-2293 (pursuant to SB 53); and iii) on July 17, 2007 by Ordinance No. 2007-2295 (to amend certain eminent domain provisions); and WHEREAS, with respect to redevelopment plans adopted on or before December 31, 1993, for which the time limit for the effectiveness of the redevelopment plan is 10 years or less from the last day of the fiscal year in which an Educational Revenue Augmentation Fund (the "ERAF") payment is made (pursuant to CCRL § 33681.12), CCRL § 33333.6(e)(2)(D)(i) provides that when a redevelopment agency is required to make a payment pursuant to CCRL § 33681.12, the legislative body may, for each year that a payment was made, amend the redevelopment plan to extend by one year the time limit on the effectiveness of the redevelopment plan and the time limit to repay indebtedness or receive property taxes pursuant to CCRL § 33670 by adoption of an ordinance, without the necessity of compliance with CCRL § 33354.6 or Article 12 (commencing with Health and Safety Code § 33450) or any other provision of the CCRL related to the amendment of redevelopment plans, including, but not limited to, the requirement to make the payment to affected taxing entities required by CCRL § 33607.7; and WHEREAS, with respect only to redevelopment plan amendments that are consistent with the immediately preceding recital, the legislative body need not adopt any additional findings for such extensions, other than the finding set forth in § 3 of this Ordinance; and WHEREAS, with respect to redevelopment plans adopted on or before December 31, 1993, for which the time limit for the effectiveness of the redevelopment plan is more than 10 years but less than 20 years from the last day of the fiscal year in which an ERAF payment is made (pursuant to CCRL § 33681.12), CCRL § 33333.6(e)(2)(D)(ii) provides that when a redevelopment agency is required to make a payment pursuant to CCRL § 33681.12, the legislative body may, for each year that a payment was made, amend the redevelopment plan to. extend by one year the time limit on the effectiveness of the redevelopment plan and the time limit to repay indebtedness or receive property taxes pursuant to CCRL § 33670 by adoption of an ordinance, without the necessity of compliance with CCRL § 33354.6 or Article 12 (commencing with Health and Safety Code § 33450) or any other provision of the CCRL related to the amendment of redevelopment plans, including, but not limited to, the requirement to make the payment to affected taxing entities required by CCRL § 33607.7 provided the City Council makes the findings set forth in § 4 of this Ordinance with respect to the Projects; and -2- WHEREAS, the CDC made the Fiscal Year 2004-05 and the Fiscal Year 2005-06 payments for deposit in the San Diego County ERAF pursuant to CCRL § 33681.12; and WHEREAS, six of the Project's Constituent Project Areas were adopted on or before December 31, 1993, i.e., i) the E. J. Christman Business and Industrial Park Redevelopment Project No. I, ii) South Bay Town and Country Redevelopment Project, iii) Center City Redevelopment Project, iv) E. J. Christman Business and Industrial Park Redevelopment Project No. II A & B, v) Downtown Redevelopment Project and vi) Downtown Amended Redevelopment Project (the "Pre-1994 Redevelopment Plans") and subject to the perquisites described herein, the City Council by adoption of an ordinance may, for each year that an ERAF payment was made (i.e., Fiscal Years 2004-05 and 2005-06), extend by one year the time limit on the effectiveness of the redevelopment plan and the time limit to repay indebtedness or receive property taxes pursuant to CCRL § 33670; and WHEREAS, the notice of public hearing that is a prerequisite to the consideration of this Ordinance was mailed to the governing bodies of the affected taxing entities at least thirty (30) days prior to the public hearing and published in a newspaper of general circulation in the community at least once not less than ten (10) days prior to the date of the public hearing; and WHEREAS, the CDC and the City Council desire that the portion of the Project Area consisting of the Pre-1994 Redevelopment Plans be amended, to the extent that they are eligible, to extend the time limits on the effectiveness of the Plan and the time limits to repay indebtedness or receive property taxes pursuant to CCRL § 33670(b) as a result of the CDC's ERAF payments made during Fiscal Years 2004-05 and 2005-06. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Ordinance. The foregoing recitals are true and correct and a substantive part of this Section 2. Pursuant to the authority provided by CCRL § 33333.6(e)(2)(D), the City Council hereby extends the time limit on the effectiveness of the redevelopment plan and the time limit to repay indebtedness or receive property taxes for the maximum number of years permitted by CCRL § 33333.6(e)(2)(D) with respect to the following constituent portions of the Project Area: i) E. J. Christman Business and Industrial Park Redevelopment Project No. I; ii) South Bay Town and Country Redevelopment Project; iii) Center City Redevelopment Project; iv) E. J. Christman Business and Industrial Park Redevelopment Project No. II A & B; v) Downtown Redevelopment Project; and vi) Downtown Amended Redevelopment Project. Section 3. The City Council hereby finds and determines that the funds used to make the Fiscal Year 2004-05 and Fiscal Year 2005-06 ERAF payments with respect to the E. J. Christman Business and Industrial Park Redevelopment Project No. I, South Bay Town and Country Redevelopment Project, Center City Redevelopment Project, E. J. Christman Business and Industrial Park Redevelopment Project No. II A & B, Downtown Redevelopment Project, -3- and Downtown Amended Redevelopment Project would otherwise have been used to pay the cost of projects and activities necessary to carry out the goals and objectives of the Plan. Section 4. The City Council hereby finds and determines with respect to South Bay Town and Country Redevelopment Project, Center City Redevelopment Project, E. J. Christman Business and Industrial Park Redevelopment Project No. II A & B, Downtown Redevelopment Project and Downtown Amended Redevelopment Project constituent portions of the Project Area as follows: (a) The CDC is in compliance with the requirements of CCRL § 33334.2; (b) The CDC has adopted an implementation plan in accordance with the requirements of CCRL § 33490; (c) The CDC is in compliance with subdivisions (a) and (b) of CCRL § 33413, to the extent applicable; (d) The CDC is not subject to sanctions pursuant to CCRL § 33334.12(e) for failure to expend, encumber or disburse excess surplus; and (e) The notice of public hearing was mailed to the governing bodies of the affected taxing entities at least thirty (30) days prior to the hearing and published in newspaper of genera circulation in the community at least once not less than ten (10) days prior to the date of the public hearing. Section 5. Except as amended by this Ordinance, all other terms and conditions of the Plan shall remain the same. Section 6. If any part of this Ordinance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance and this City Council hereby declares that it would have passed the remainder of this Ordinance if such invalid or unconstitutional portion thereof had been deleted. Section 7. The City Council hereby authorizes and directs the City Manager and CDC Executive Director to undertake such actions and execute such documents as may be reasonably necessary or convenient to the carrying out and administration of the action authorized by this Ordinance. Section 8. this Ordinance. Section 9. passage. The City Council held a duly noticed public hearing on the adoption of This Ordinance shall be in full force and effect thirty (30) days after Section 10. The City Clerk shall certify to the passage of this Ordinance and is hereby directed to publish or post this Ordinance in accordance with law. -4- Section 11. The enactment of this Ordinance is not a project pursuant to the California Environmental Quality Act (Public Resources Code § 21000 et seq.) and CEQA Guidelines (14 Cal. Code Regs § 15000 et seq.), and specifically § 15378(b)(4) because the actions described herein are the continuation of an existing governmental funding mechanism and a fiscal activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Because enactment of this Ordinance is not a project for CEQA purposes, this action is exempt from CEQA pursuant to CEQA Guidelines § 15061(b)(3), and the City Clerk is directed to file a Notice of Exemption with the County Clerk pursuant to CEQA Guidelines § 15062 within five days of the adoption date of this Ordinance. PASSED AND ADOPTED this ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III, City Attorney -5- day of , 2009. Ron Morrison, Mayor SECOND READING City of National City, California CITY COUNCIL AGENDA STATEMENT `*w MEETING DATE October 6, 2009 AGENDA ITEM NO. 17 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTIONS 3, 4, AND 5 OF ORDINANCE NO. 1619, SECTION 5 OF ORDINANCE NO. 1829, AND SECTION 5 OF ORDINANCE NO. 91-2012, PERTAINING TO THE COMMITTEE FOR HOUSING AND COMMUNITY DEVELOPMENT PREPARED BY George H. Eiser, I11 0 (Ext. 4221) DEPARTMENT City Attorney EXPLANATION At the June 16, 2009 City Council meeting, the City Council considered a report pertaining to the Advisory and Appeals Board and the Housing and Community Development Committee. The agenda material for that meeting are attached. At the conclusion of the discussion regarding the Housing and Community Development Committee (the "Committee"), the City Council directed the City Attorney to prepare an ordinance providing that the Planning Commission (the "Commission") shall act as the Committee; that two additional members who are tenants of the Housing Authority, one of whom is over 62 years of age, shall be appointed to the Commission; that those appointees shall meet and deliberate with the Commission only when the Commission is considering those matters that are included within the functions and duties of the Committee; and that the duties of the Committee shall remain the same. In addition to the above provisions, the proposed ordinance would provide that the two ex officio members would receive no compensation, but would be eligible for reimbursement for expenses incurred in the performance of official duties, and would require them to disclose any reportable financial interests as members of the Housing and Community Development Committee under the City's Conflict of Interest Code. Environmental Review J N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Agenda materials from June 16, 2009 City Council meeting Ordinance Resolution No. A-200 (9/99) ORDINANCE NO. 2009 — 2323 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTIONS 3, 4, AND 5 OF ORDINANCE NO. 1619, SECTION 5 OF ORDINANCE NO. 1829, AND SECTION 5 OF ORDINANCE NO. 91-2012, PERTAINING TO THE COMMITTEE FOR HOUSING AND COMMUNITY DEVELOPMENT BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That Section 3 of Ordinance No. 1619 is amended to read as follows: Section 3: There is hereby established, pursuant to the provisions of the U.S. Housing and Community Development Act of 1974, as amended, and pursuant to Sections 34120(c) and 34120.5(a) and (b) of the California Community Redevelopment Law, hereinafter called "the Law", a Committee for Housing and Community Development ("the Committee"). The purpose and functions of the Committee shall be implemented by the Planning Commission acting as the Committee, and all references to the Committee shall be considered as referring to the Planning Commission. Section 2. Section 4: 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 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 HOME Investment Partnerships (HOME) Program created by the National Affordable Housing Act of 1990, as amended. (c) The Housing and Urban Development Section 8 Housing Assistant Payments Program for existing housing and for new construction. (d) Housing improvement, housing assistance and neighborhood improvement projects, programs and policies in connection with Federal and State laws relating to housing and neighborhood improvement. The Committee shall, after its establishment, limit its review and recommendation to those matters set forth in this Section 4 through its By -Laws. Section 3. That Section 5 of Ordinance No. 1619, Section 5 of Ordinance No. 1829, and Section 5 of Ordinance No. 91-2012 are amended to read as follows: Ordinance No. 2323 October 6, 2009 Page 2 Section 4. (a) The Committee shall be comprised of the seven (7) members of the Planning Commission (the "Commission"), who shall sit as the Board of the Committee when the Commission is acting in the capacity and carrying out the functions of the Committee. In addition, the City Council shall appoint two (2) ex officio members to four year terms, who shall be tenants of the Community Development Commission ("CDC"), and one (1) of whom shall be over 62 years of age. Said ex officio members shall sit with the seven (7) members of the Planning Commission on such occasions as the Commission is acting in the capacity and carrying out the functions of the Committee. Said ex officio members shall serve at the pleasure of the City Council. (b) The Commission, when acting in the capacity and carrying out the functions of the Committee, shall utilize a Committee agenda, which shall be separate and distinct from the Commission agenda. Except for special meetings of either body, meetings of the Commission and the Committee shall be scheduled for the same date and time, unless it is impracticable to do so, with the meeting of one body to be held consecutively after the other. (c) The Chairperson and Vice -Chairperson of the Planning Commission shall also be the Chairperson and Vice -Chairperson of the Committee. The two ex officio members shall not receive compensation, but shall be eligible for reimbursement of expenses incurred in the performance of official duties. The two ex officio members shall disclose reportable financial interests as members of the Housing and Community Development Committee pursuant to the City's Conflict of Interest Code. PASSED and ADOPTED this 6th day of October, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney City of National City, California CITY COUNCIL AGENDA STATEMENT rIEETlNG DATE June 16, 2009 AGENDA ITEM NO. 32 ITEM TITLE REPORT ON HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE AND ADVISORY AND APPEALS BOARD PREPARED BY George H. Eiser, III (Ext. 4221) EXPLANATION DEPARTMENT City Attorney Please see attached memorandum. Environmental Review Financial Statement N/A N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Provide direction to staff. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Memorandum A-200 (9/99) Mayor Ron Morrison Council Members Frank Parra Alejandro Sotelo-Solis Jess Van Deventer Rosalie Zarate %1L1FORNIIt r INcoRi>6RILTE1? Office of the City Attorney TO: Mayor and City Council FROM: City Attorney SUBJECT: Report on Housing and Community Development Committee; Advisory and Appeals Board City Attorney George H. Eiser. 111 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: The Community Development Block Grant Program pursuant to the U.S. Housing and Community Development Act of 1974, as amended. The Housing and Urban Development Section 312 Rehabilitation Loan Program within the adopted Housing Assistance Area, as amended. 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. The relocation of families and individuals displaced from their residences by the projects and programs of the Community Development Commission. The housing and neighborhood improvement aspects of the proposed Amendment No. 1, Center City Redevelopment Project. 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. 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. (5) 3 (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 board 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. 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 board of this type shall be 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. 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 £a & GEORGE H. EISER, III City Attorney 6 r!TY I -OR EY City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-430 FEBI Pm Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 T Ci `Ct Ir!:!N L 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 Sections 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 City of National City, California CITY COUNCIL AGENDA STATEMENT SECOND READING 18 MEETING DATE October 6, 2009 AGENDA ITEM NO. ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 2.28 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING SECTION 2.28.015 THERETO, PERTAINING TO THE PLANNING COMMISSION FUNCTIONING AS THE COMMITTEE FOR HOUSING AND COMMUNITY DEVELOPMENT PREPARED BY George H. Eiser, III DEPARTMENT City Attorney (Ext. 4221) EXPLANATION A companion item on this September 15 agenda is the introduction of an ordinance amending portions of Ordinance Nos. 1619, 1829, and 91-2012, to provide that the purpose and functions of the Committee for Housing and Community Development will henceforth be implemented by the Planning Commission. This subject was first discussed at the June 16, 2009 City Council meeting; please refer to the agenda materials for the June 16 meeting, included with the materials for the aforementioned companion item on this agenda. The proposed ordinance would amend Chapter 2.28 of the Municipal Code, which pertains to the Planning Commission, to mirror the provisions of the ordinance being introduced with the companion item. Environmental Review • .1 N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Ordinance c A-200 (9/99) ORDINANCE NO. 2009 — 2324 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 2.28 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING SECTION 2.28.015 THERETO, PERTAINING TO THE PLANNING COMMISSION FUNCTIONING AS THE COMMITTEE FOR HOUSING AND COMMUNITY DEVELOPMENT BE IT ORDAINED by the City Council of the City of National City that Chapter 2.28 of the National City Municipal Code is amended by adding Section 2.28.015 thereto, to read as follows: 2.28.015 Planning Commission to Function as Committee on Housing and Community Development — Ex Officio Members. A. In addition to the functions conferred upon it by the Municipal Code and by state law, the Planning Commission shall also act in the capacity and carry out the functions of the board of the Committee on Housing and Community Development (the "Committee"). B. The Committee shall be comprised of the seven (7) members of the Planning Commission (the "Commission"), who shall sit as the Board of the Committee when the Commission is acting in the capacity and carrying out the functions of the Committee. In addition, the City Council shall appoint two (2) ex officio members to four year terms, who shall be tenants of the Community Development Commission ("CDC"), and one (1) of whom shall be over 62 years of age. Said ex officio members shall sit with the seven (7) members of the Planning Commission on such occasions as the Commission is acting in the capacity and carrying out the functions of the Committee. Said ex officio members shall serve at the pleasure of the City Council. C. The Commission, when acting in the capacity and carrying out the functions of the Committee, shall utilize a Committee agenda, which shall be separate and distinct from the Commission agenda. Except for special meetings of either body, meetings of the Commission and the Committee shall be scheduled for the same date and time, unless it is impracticable to do so, with the meeting of one body to be held consecutively after the other. D. The Chairperson and Vice -Chairperson of the Planning Commission shall also be the Chairperson and Vice -Chairperson of the Committee. The two ex officio members shall not receive compensation, but shall be eligible for reimbursement of expenses incurred in the performance of official duties. The two ex officio members shall disclose reportable financial interests as members of the Housing and Community Development Committee pursuant to the City's Conflict of Interest Code. PASSED and ADOPTED this 6h day of October, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, Ill City Attorney City of National City, California CITY COUNCIL AGENDA STATEMENT SECOND READING 19 MEETING DATE October 6, 2009 AGENDA ITEM NO. ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 15.04 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO THE CITY COUNCIL'S AUTHORITY TO APPROVE ALTERNATE MATERIALS AND METHODS OF CONSTRUCTION, CONSIDER APPEALS, AND MAKE INTERPRETATIONS UNDER TITLE 15 OF THE MUNICIPAL CODE; AND DISSOLVING THE ADVISORY AND APPEALS BOARD PREPARED BY George H. Eiser, III �"� DEPARTMENT City Attorney (Ext. 4221) EXPLANATION At the June 16, 2009 City Council meeting, the City Council considered a report pertaining to the Housing and Community Development Committee and the Advisory and Appeals Board. The agenda materials for that meeting are attached. At the conclusion of the discussion regarding the Advisory and Appeals Board, the City Council decided to dissolve the Board, and assume the functions previously within the Board's jurisdiction. The proposed ordinance would dissolve the Advisory and Appeals Board, and transfer to the City Council the authority to: • Approve alternate materials and methods of construction • Consider appeals from the refusal of the Building Official or Fire Chief to issue permits • Consider appeals of Notices to abate public nuisances • Interpret the various codes under Title 15 of the Municipal Code • Interpret disabled access regulations The City Council's decision in any of these matters would be final. Environmental Review Financial Statement N/A N/A STAFF RECOMMENDATION Adopt Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Agenda materials from June 16, 2009 City Council meeting Ordinance Approved By: Finance Director Account No. Resolution No. A-200 (9/99) ORDINANCE NO. 2009 — 2325 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 15.04 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO THE CITY COUNCIL'S AUTHORITY TO APPROVE ALTERNATE MATERIALS AND METHODS OF CONSTRUCTION, CONSIDER APPEALS, AND MAKE INTERPRETATIONS UNDER TITLE 15 OF THE MUNICIPAL CODE; AND DISSOLVING THE ADVISORY AND APPEALS BOARD BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That Chapter 15.04 of the National City Municipal Code is amended to read as follows: Chapter 15.04 CITY COUNCIL AUTHORITY UNDER TITLE 15 OF THE MUNICIPAL CODE Sections: 15.04.010 City Council's Authority Under Title 15 15.04.010 City Council's Authority Under Title 15. In matters pertaining to Title 15 of the Municipal Code, the City Council shall have final authority in the following matters: A. Alternate Materials and Method of Construction. The City Council may approve alternate materials and/or method of construction provided they find that the proposed materials and/or method of construction, for the purpose intended, 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 City Council. 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 City Council. 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 City Council. E. Disabled Access Regulations. All appeals regarding the interpretation or application of the disabled access regulations contained in Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code pursuant to Health and Safety Code Section 19957.5 and the disabled access regulations contained in Title 24 of the California Code of Regulations shall be heard by the City Council. F. Decision of the City Council to be Final. In deciding the matters enumerated in Subsections A through E of this Section, the decision of the City Council shall be final. Ordinance No. 2009-2325 October 6, 2009 Page 2 Section 2. That the body known as the Advisory and Appeals Board is dissolved. Whenever there is a reference in the Municipal Code or other law or regulation to the Advisory and Appeals Board, it shall be construed to mean the City Council. PASSED and ADOPTED this 6th day of October, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California CITY COUNCIL AGENDA STATEMENT „ .MEETING DATE June 16, 2009 AGENDA ITEM NO. 32 ITEM TITLE REPORT ON HOUSING AND COMMUNITY DEVELOPM ENT COMMITTEE AND ADVISORY AND APPEALS BOARD PREPARED BY George H. Eiser, III (Ext. 4221) EXPLANATION DEPARTMENT City Attorney Please see attached memorandum. Environmental Review Financial Statement N/A �L N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Provide direction to staff. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. " .. Memorandum A-200 (9/99) Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate INCDRkiRATED Office of the City Attorney City Attorney George H. Eiser. III Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette Risk Manager Ashley K. Fenton TO: Mayor and City Council DATE: June 2, 2009 FROM: City Attorney SUBJECT: Report on Housing and Community Development Committee; Advisory and Appeals Board 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. 3 (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 Developrnent 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 board 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 board of this type shall be 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. 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 gatt:or GEORGE H. EISER, III City Attorney 6 City of National City Office of the City Clerk 1243 National City Blvd., National City, Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 February 17, 2009 TO: Chris Zapata George Eiser FROM: Michael Dalla rITY . r RNEY CA 91950-439? FEB 17 fill 1 ` a- t ClI f OF liAtIONAL CITY 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 Sections 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 City of National City, California COUNCIL AGENDA STATEMENT '4,40..,MEETING DATE October 6, 2009 AGENDA ITEM NO. 20 ITEM TITLE A Resolution of the City Council Approving an Amendment to the National City Downtown Specific Plan to Allow Extended -Stay Hotel Uses Within the Development Zone 5B Where Mixed - Use Residential Uses are Currently Permitted, an Addendum to the Certified Program Environmental Impact Report for the Downtown Specific Plan, and the Filing of a Notice of Determination 3403 E. Plaza Blvd. (Applicant: Constellation Property Group) (Case File 2008-53 SPA) PREPARED BY Peggy Chapin, 336-431"DEPARTMENT Development Services/Planning Division EXPLANATION The City Council held a public hearing on proposed changes to amend the Downtown Specific Plan, on October 6, 2009. The attached resolution will fulfill that action. Environmental Review Financial Statement N/A x N/A Addendum to Certified Program EIR, February 2005, SCH #200401110 Approved By: Finance Director Account No. STAFF RECOMM NDATION Adopt the A d Res BOARD / CO IS ON RECOMMENDATION The Planning Commission recommended approval on September 21, 2009 ATTACHMENTS ( Listed Below) Resolution No. I. Resolution A-200 (9/99) RESOLUTION NO. 2009 — 240 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AMENDMENT TO THE NATIONAL CITY DOWNTOWN SPECIFIC PLAN TO ALLOW EXTENDED -STAY HOTEL USES WITHIN THE DEVELOPMENT ZONE 5B WHERE MIXED -USE MULTI -FAMILY RESIDENTIAL USES ARE CURRENTLY PERMITTED, APPROVING AN ADDENDUM TO THE CERTIFIED PROGRAM ENVIRONMENTAL IMPACT REPORT, FOR THE DOWNTOWN SPECIFIC PLAN, AND AUTHORIZING THE FILING OF A NOTICE OF DETERMINATION APPLICANT: CONSTELLATION PROPERTY GROUP CASE FILE NO. 2008-53 SP, IS, APN 556-554-16 WHEREAS on February 2, 2009, the City Council of the City of National City initiated proceedings for the amendment of the National City Downtown Specific Plan in accordance with procedures of the Land Use Code; and WHEREAS, the Planning Commission of the City of National City considered a Specific Plan Amendment application to amend the Downtown Specific Plan to allow for hotel uses on all parcels within Subarea 5B, at a duly advertised public hearing held on September 21, 2009, at which time oral and documentary evidence was presented; and WHEREAS, the Downtown Specific Plan allows mixed -use multi -family residential uses in Development Zone 5B, however, the underlying zone for one particular parcel prohibits hotel uses which is the change sought through this amendment; and WHEREAS, at said public hearing the Planning Commission recommended approval of the Amendment to the Downtown Specific Plan, the Addendum to the certified Program Environmental Impact Report, and that a Notice of Determination be filed with the County Recorder, and WHEREAS, the City Council of the City National City considered said application and recommendation by the Planning Commission at a duly advertised public hearing held on October 6, 2009, at which time oral and documentary evidence was presented; and WHEREAS, at said pubic hearing the City Council considered the staff report prepared for Case File No. 2008-53 SP, IS, which is maintained by the City, and incorporated herein by reference, along with evidence and testimony at said hearing, and WHEREAS, in accordance with Section 18.112.090 of the Land Use Code, the City Council, upon recommendation by the Planning Commission, may approve specific plan amendments whenever public necessity, general welfare, convenience, or sound planning principles; and WHEREAS, the City Council considered the effects of the amendment and determined, based on the Addendum to the certified EIR prepared to analyze potential impacts and to determine whether the change in land use to allow extended -stay hotel uses within the entire Development Zone 5B, and more specifically for a parcel known as Assessors Parcel Number 556-554-16 within Development Zone 5B, would not impact the community; and WHEREAS, the City Council has determined to approve the Amendment to the Downtown Specific Plan, the Addendum to the EIR, and the filing of a Notice of Determination, and that the Specific Plan shall be amended to read as follows: Resolution No. 2009 — 240 October 6, 2009 Page 2 5A and 5B Restricted or Prohibited Land Uses: As per underlying Zoning Regulations. Except that within Subarea 5B Permitted Land Uses include Land Use Group 21 Hotel, Motel and Related Services. WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the City Council at the public hearing(s) held on October 6, 2009, support the following findings: FINDINGS FOR APPROVAL OF AN AMENDMENT TO THE DOWNTOWN SPECIFIC PLAN 1. That the proposed specific plan amendment is consistent with the General Plan and Specific Plan, which encourage the revitalization of downtown and encourages pedestrian activity and stability of the commercial uses in the downtown. 2. That the proposed amendment is in the public interest since it would allow a hotel use that will encourage pedestrian activity and increase commercial tourism within the downtown. 3. That the proposed amendment provides consistency of use types within Development Zone 5B, since there are a variety of underlying land use zones that permit hotel uses, and whereas one parcel is located within the underlying zone of Civic Institutional that does not permit hotel uses, and by changing the use to allow hotel uses throughout development zone 5B would provide for consistent land use patterns. 4. That the proposed amendment would restore the viability of the development within the sub -area and continue to reinforce the pedestrian -oriented development towards Kimball Park. FINDINGS FOR APPROVAL OF AN ADDENDUM TO THE PROGRAM EIR 1. That the Program EIR Addendum (2008-53 IS) has been read and considered together with the Program EIR and any comments received during the public review process. 2. That based on the whole record, including the Initial Study, there is no substantial evidence that the amendment will have a significant effect on the environment, and that the Program EIR Addendum reflects the City's independent judgment and analysis. Resolution No. 2009 — 240 October 6, 2009 Page 3 3. That pursuant to CEQA Section 15164, no Subsequent or Supplemental EIR is needed for the project due to the proposed amendment since there would be no substantial increase in the severity of previously identified impacts. 4. That there is no new information showing that the project will have significant effects not discussed in the previous EIR, that significant effects previously examined will be substantially more severe than shown in the previous EIR, that there are mitigation measures or alternatives previously found to be infeasible that are in fact feasible, or that different mitigation measures than those previously identified would substantially reduce significant impacts. 5. That the Initial Study demonstrates that there is no potential for new significant impacts or for a substantial increase in the severity of impacts identified in the Program EIR, and since the character and circumstances of the project would be unchanged, the discussions on land use/planning, geology/soils, traffic/circulation, aesthetics, noise, air quality, hazards/hazardous materials, population/housing, cultural resources, water services, police protection, fire protection, school facilities, sewage services, and recreation in the Program EIR are still relevant and need not be reexamined. BE IT FURTHER RESOLVED that based on the findings hereinabove stated, together with any comments received during the public review process, the City Council finds on the basis of the whole record that there is no substantial evidence that the project will have a significant effect on the environment, and that the Addendum to the National City Downtown Specific Plan Program Environmental Impact Report reflects the City's independent judgment and analysis, and hereby approves the Addendum to the National City Downtown Specific Plan Program Environmental Impact Report, and directs that the Notice of Determination be filed. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 6th day of October, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT 21 `` MEETING DATE October 6, 2009 AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT — Health & Wellness Fair ( Thanksgiving Fair) hosted by� Paradise Valley Hospital and The National City Times on November 11, 2009 from 10 a.m. to 4 p.m. at the Paradise Valley Hospital Employee Parking Grounds with no waiver of fees. The applicant has requested the City of National City to co-sponsor this event. PREPARED BY Vianey Rolon, 336-4364 DEPARTMENT Neighborhood Services Division EXPLANATION This is a request from The National City Times, in conjunction with Paradise Valley Hospital, to conduct a Health & Wellness Fair (Thanksgiving Fair) at the Paradise Valley Hospital Employee Parking Grounds (2400 E. 4th Street) on November 11, 2009 from 10 a.m. to 4 p.m. This event will feature workshops on health and wellness activities such as diabetes awareness, weight check, flu shots, and blood pressure testing. This event is free to all residents, businesses and guests. Paradise Valley Hospital will provide security detail and crowd control. A First Aid Booth will be provided by Volunteer Medical Practitioners. There will be sufficient parking for guests to park at the Hospital. The applicant has requested City co-sponsorship as a trade exchange. The City would assist with the outreach to the community thru Neighborhood Services and the use of the small stage, tables and chairs for this event and in turn the organization will include the City's name and logo in all promotional collaterals. IP 4,i Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $237.00 for processing the TUP through the various City departments, $874.19 for Public Works, and $200 for the Fire Department, Total fees are $1,311.19 Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: The National City Times and Paradise Valley Hospital EVENT: Health & Safety Fair (Thanksgiving Fair) DATE OF EVENT: November 22, 2009 TIME OF EVENT: 10:00am-4:00pm APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: RISK MANAGER (619) 336-4370 I've reviewed the application for the proposed use and note that this event will be held entirely on private property at Paradise Valley Hospital's employee parking lot, at the intersection of E 8th St and Euclid Ave. The applicant sponsoring organization, The National City Times, I assume, has NOT signed the Public Property Use Hold Harmless and Indemnification Agreement and no insurance certificates have been provided. Since this is an event on private property, technically, we cannot require insurance coverage. For this moderately large event, adjacent to a busy intersection, we may need to provide or suggest some traffic controls. In addition, it appears that medical and/or nursing personnel from the hospital will be administering flu shots. However, this is not a City liability exposure. I have no objection to the application. Let me know if you have any questions. POLICE (619) 336-4487 No stipulations from the police department and I will put out an extra patrol for officers on the day of the event PUBLIC WORKS (619) 336-4593 Public Works Department staff has reviewed the application for subject Temporary Use Permit (TUP) and recommends approval with no involvement by Public Works. Please Note: The applicant is not requesting use of the City stage or PA system. Therefore, the PA system and/or the stage will not be provided. Thank you for the opportunity to comment on this TUP. Please let me know if you need any other information. FINANCE (619) 336-4341 This event is approved by Finance/Business license. Special Conditions of Approval are: Must provide a list of all food vendors. Each Food Vendor must provide proof of business license and health permit PUBLIC WOKRS (619) 336-4593 Parks Division 1. The cost to provide park maintenance personnel for this event is estimated to be $1013.65 for stage set up and breakdown of the standard stage (13X28) a. Set up $368.60 November 21, 2009 @ 3pm b. Break down $368.60 November 21, 2009 @ 8pm Total $737.44 2. Organization must provide overnight security for City stage. Facilities Division 31/ 6' tables @ $1.00 ea = $31.00 141 folding chairs @ .75 = $105.75 Total $136.75 Thank you for the opportunity to comment on this TUP. We would appreciate receiving a copy of the final approval / denial report after it is submitted to the City Council for their consideration. Please let me know If you need any other information. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2) Fire Department access into and through the booth/tent areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) Provide a 2A:10BC fire extinguisher at stage. Extinguisher to be mounted in a visible location between 31/2`to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 7) All cooking booths or areas to have one 2A:10BC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. Extinguishers shall be mounted in conspicuous area inside tent or canopy. Please see attached example. 8) If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 9) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc. 10) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ten ($200.00) dollars. 11) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 12) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame- retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Canopies: Tents: 0 — 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 0 —200 sf - 201 — (+) sf - $200.00 $400.00 13) First Aid will be provided by organization. 14) Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides. 15) Fire Department Fees can only be waived by City Council. 4 -7)-ce Cf EVE= Putiz Conce4 Par:a Micban Prime x Fair Cesar stratian Grand OperMa Fest va _y_Cdr,--r•trily Event CA-ms Watt Pally Otter EvHealth & Wellness - a thanksgiving fair! e,y1 Evern Paradise Valley Hospital Employee Parking Grounds (cor E.8th & Euclid Av.) Event 3alets:c Fran 11/22/09 tc 11/22/09 hiZtleCiV" Or Ati Evalt Haurs: 18am am4am 13 4PM arn4pm Selupasserrti)Vc:crsylricr Cate 11/21/09 Stan sire: 3Pm 1000 (in & out) Taal Anitios,&S At.traalze: 200 partrirantai (. 500 C:xtotaaorsi Please es:rt e szope !FcLr selLpassertiy wart ispetitt deli* C 11 /22/09 ts--rie.'-e Cate, C.-37rtpelizin Time: 8Pm antam LiSt ar steel's) regurrs closure as a result of! s event. Inelude strata rtameisl, time al atacing and day and tame al reopening NONE. Paradise Valley Hospital / The National City Times SpC11.50-171j Ofj3rizatior- FM' Pratt CnIef OlIcer cr Orgartmter Apsicant Mre): 1808 E. 16th Street National City, CA 91950 Address: 619-474-5300 Daytime Prcre: I Even cc Phone. 619-474-2500 Far 619-474-6888 Ditas Yamane Cortart Person "on Gibe Jay te evert 619-474-2500 PagentelLlar c/o Ditas Yamane Not-fa-P011 Ditas Yamane NOTE: THI4 PERSON MUZ1 BE IN ATTENDANCE FOR THE CJRATON OF THE EVENT AND IMMEDIATELY AVAILABLE TO CRY OFF;OLA.L4 Is you ar+garstZcrr a `fax Eramp1, nonprofit" orgarlizalion7 a fE3 X NO ecr-L sia.7, entry, P.ercor ar partl:lwt fees reel-lre X YES NO Admission & Entry is FREE. If' ES, o ease etr, al--t 7.tTcse 31J `csree ar-cf_rr s.t_ FREE to the Public. Booth fee for vendor of food, products and services. Est-ratC Gress Receipts nzstirilrtg lick_ ncduc; and sper€sgsrshlg; sales from 115 $20,000.00 Es mated Expenses tar lids event What is ttte pr ectrd amount of revenue that the Neuron algartZdian receVe as a; result ,trf this even37 Please provide a DETA ED DESCRIPTION cf your event. 17ryurle detars repartirig any components of your event ::uh as the use cc vehiclesar::tmals,. roes or art other pertrert Information &Pout the evert Thanksgiving featuring a health and wellness fair - workshop on health and wellness activities such as diabetes awareness - blood pressure testing, glaucoma eye testing - weight check - flu shots - and other health and wellness awareness to our community - all FREE to the residents, businesses and guests also features products and services of local businesses and food specialties of local restaurants a social responsibility - giving back to the community's support for a better quality of life. _ ' 'E life event I wctaes the s1t of C. saline the cars ccnre excluslivett ftorr, Natorai City car seaters? If NO: ar f addi:tra l -dealers Prvo gyred in "t-e sale. YES X NO Does We event trvdtie lhe sale -or use odelicaltaft beverages? .x YES WI hems CT servicesDesbid at We event? ifies, please tescrbe: variety of products and services from vendors and participants. YES X MO Does the et ;:irvatve a mdvirg mule df any kind acing sheets, sdewatits dr righways7 YE3, attach a driallid mad of pout ordposed mute indicate the trmiton ot travel. art provide 3 Arlen narrattie to eX313n1 yOUT route x YES NO Does the event nvolve allied venue ate tt YES, attach a !Metalled stie miab showing -al streets 1r7::pacted by We event X YE : :r40 Does the- everit W.:iv:dive the use attehis dr tarcpes7 d: YES: titUrTite-7 cf benticandoles 50 Saes 20 x 10 / 10 x 10 NO7E: A separate Fre Depaert perTil reauted Itir Wits ar cando WI the event hvolve the use of the 17.:.ty Maje o PA system:7' f4,ft.11 Ir ddIl1or o We FOUL! map required: above, please: attach a dlagrarn shoWitgtte ovetat and seinup lassoichs 'I.31* the foldwing Alcotiolt and Ncrialcoroti: Col -cession anWor Beer Garden areas * Food Con:flaw andicr Food Preparatth areas all food concession will be Please des:Me to toad wit served at the event prepared by food vendors with permits from health department. If yoli 4-terd 'pa cadt. -tool n the event area please soetfy the me -Mad: G.A.2 ELECTRIC CHARCOAL OTHER (Egeott41; • Partatie aridiar Permanent Tote Facilites KUM:ter of tle Weis.: 4 41 far evert 2E3 pecole unless -the ar:Want Can show fret Were are ratifies We immediate area mind* .5o We public sturtig the: events * Tables anci * Fending, balers anditir barricale:s • Gehetatcr isiCtrs anrspume :drelectricty 7* Canopies orient locations o:lro).te tier Wrens:lora) * Booths:, estiltila, displays dr erclosures • atatbiling, tt*achers, ,olsftrms, stages, grandstands or' related 1-3743CUES * Vehicles artisor trallefs ). 0E1E7 related event cordporeres bat:covered above Trash containers and dumositers (ote: Yo-a!irrt..st property dispose of waste and gage ttimanoirt the tetra df your event arid iTiMediately Kan candUath cf the event the area must be returned lo a clean condatin.) 25 2 tittwter of Wash cars: Treat cdntahers at& lids: Cesolbe your bar for clean -tip and re -no -oat af &a1e and garbage during and after We event will clean the venue - all trash will be disposed of properly. Please oes rbe ycur prorea.res ior bath Crowd Control and Internal Securty: PVH will provide security detail and crowd control. plus volunteers to provide smooth flow of program. NO you heed any Fr lesstcral Seco-tri cr. „a-izat to tarcre security arrangements for this eµerr t1 Y`E:3, please list In-house hospital security. ecr:rt j Orar>tz ton: :eb rt i OioarIzeton arld-ess_ 2400 E. 4th Street National City, CA 91950 aec? °rt Director E N ame'r Phcre: X NO .-s this a rtg-r: Boer �" _' YES, please state fram the event and surrounding area 411 to ilumtrated bo erasure sarety Wine zsrti pants and spectators: Please Indicate ghat arrangement you time- mace ?arking FirstAll Staffing arid E-,quirtnertt. A First Aid Booth provided by Volunteer Medical Practitioners. Please debate Tatar Acre tifti -Pt n far access at youre3A by. travidta's ^ t sales: In Place - courtesy of the Paradise Valley Hospital. Please provde a detated des_r-porn of you PARIVNG Flan: Paradise Valley Hospital parking lot. Please descbe'tax pear for OrEABLED PARkiNG: Paradise Valley Hospital disabled parking. 4pm 3se cesatt- your pians1 try 3t nestieNts ttstresses we churches impacted 3-1- Ike eyenl: Advertising via flyers - posters - and newspapers. door-to-door flyering to the neighborhood. NOTE: Neighborhood rtir.Ideritd mu&I be nottiled 72 hours as advartee when events are ceitedufed In the City parted. tr,f,tz-4,47. 7,1 k r, ittr:44 ':';"'IttZrrfr:f x YES NO Are there any musical enittshiment tealxes 'elated to }tur e*ent7 if vES please slate the number e stages rtr—ber of Lands arc type of 'rust. One Nuter kurter off ,Eercs: One m Variety —ype of LlusO: X ..!ENOiNfi laird empirical cr tel....lei? If YES pease tete& 10am start time: anrprn Finish —ire arri4tm x YES NO 'NEI sictiric cherAs oe zorcuotel ;star to te event'? If YEE pease rut:afz, 9am 930am Start lime: zirnepr-. :41 si Th Pkese descr te the sound eaulbrert fret MI be used for your evert public address - sounds - microphones - YES X NO Firewolks, ro:kels or otrier pyrotechnics7 it YES, please desulte None. X 'eES NO Any signs, banners, oecaresons, sperei LghU Ti YES, please cesbfloe: Banners - Reelsed CZE cr Event: Jar Off4 Use Only Department Date Approved? Yes No :Initial Spec-1ft C ad -Tons of Approval Council Meeting Date: Approved: Yes No Vote: Kaltliet.11 Trees, Director But illn2 Cepartmtryt 10 City of National City 'PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIRCATION AGREEMENT Persons requesting use ot City property, fadites or persorytel are requked to provide a rrinirrurr of $t000,00D combined :single lirrrit insurance for Wily injury and property darnage vrhich includes the City, its agents and errployees narred as aitional insured and tc sigma the Hold Harmless Agreement_ Certifcate,of insirance must be attached to this ! Health & Wellness - a thanksgiving fair! @ Paradise Valley Hospital Organization Ditas Yamane @ The National City Times Person in Charge of Activity 1808 E. 16th Street National City, CA91950 Address 619-474-5300 Telephone Date(s) of Use NOvember 22, 2009 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use peernit to condrzt its activities cn public cr prival_, property, the undersigned hereby agreCs) to deend, indemrify and held harmless the City of NaWnal City and the Parking Authority and its offirs, antOoyer- ano agents torn and against any and all d'airrs, demands, costs, I.:.sses Ii1i cr, far any personal injury, death or property darrage, cr both_ or any 4-:tigaton and other abilrty. including attorneys fees and the costs of litigation, arising cut of cr related to the use of pub";:o pry cr the activity taken under the m-it by the pernittee cr ts agents.. errployees or corrractors. cfAppici Organizer 9/8/09 7"ft Disk e-or us.e Gray Certflicabe c,rsurance Approved Date 1,1 PARADISE VALLEY HOSPITAL A P,orst. Heat! .mm 3es xr,,10,9 1a 2400 East fourth Street National City, CA 91950 September 8, 2009 Mr. Joe Olson Building & Safety City of National City 1243 National City Blvd National City, CA 9195{) RE: Temporary Use Permit Dear Mr. Olson, This Letter serves as an official authorization for Paradise Valley Hospital and The National City 'Times to hold the "Thanksgiving - Health & Wellness Fair "at the Paradise Valley Hospital park- ing lot located at 2400 E. 4th Street National City, CA 91950 The National City Times thru Ditas Yarnane is the Executive Director of the event which will be held on Sunday, November 22, 2009 from 10:00 AM - 4:00 PM and the event will occupy the parking lot from November 20-23 for set-up, operation, removal and dean -up of the festival. Should you have any questions, please contact me. Thank you. Sincerely, • Luis Le •.. , '.I -C, PhD Chief Executive Officer Paradise Valley Hospital la PARADISE VALLEY HOSPITAL 4 P"MC 11011b7,. .4.vrx 7 11n.9.m1 2400 East Fourth Street National City, CA 91950 September 8, 2009 Mr. Joe Olson Building & Safety City of National City 1243 National City Blvd National City, CA 91950 RE: Temporary Use Perriut Dear Mr. Olson, This letter serves as an official authorization for Paradise Valley Hospital and The National City Times to hold the "Thanksgiving - Health & Wellness Fair " at the Paradise Valley Hospital park- ing lot located at 2400 E. 4th Street National City, CA 91950 The National City Times thru DitasYarnane is the Executive Director of the event which will be held on Sunday, November 22, 2009 from 10:00 AM - 4:00 PM and the event will occupy the parking lot from November 20-23 for set-up, operation, removal and clean-up of the festival. Should you have any questions, please contact me. Thank you. Sincerely, Luis Le A-C, PhD Chief Executive Officer Paradise Valley Hospital C3 Para,,e Valley Hospital National City, California - Googlt .Maps Page 1 ©0 Go Address LJJ M r� a o_ DITQS YAMANE OD O] O7 LID m 09/©8/2©09 paradise vatley hospital. - wwav,calhospitalcompare.org - Find Independent Quality Ratings Of Maternity Care at Local Hospitals - S ix` ega 1 k \ — 1 / r-r1 Ir^Sc rz r,r,ctr•n m / 9/8/2009 CERTIFICATE OF LIABILITY INSURANCE- DATE( 9/9/2009 DESERT VALLEY INSURANCE, LTD. P. O. BOX 69GT :RAND CAYMAN THIS CERTIFICATE IS ISSUED AS A WRITTEN MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. ISLANDS COMPANIES AFFORDING COVERAGE CAYMAN PHONE (345)945-2888 FAX (345)949-0002 COMPANY A DESERT VALLEY INSURANCE, LTD. INSURED Prime Healthcare Paradise Valley LLC COMPANY B dba: Paradise Valley Hospital 2400 East 4th Street `°'"Pc National City, CA 91950 COM D COVERAGES THIS IS TO CERTIFY THAT 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 NSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID. CLAIMS. Co TYPE OF INSURANCE POUCY NUMBER POLICY EFFECTIVE DATE (MMIDD/YY) POLICY EXPIRATION DATE IMMIDWYY) UNITS A GENERALLWBILIIY Commercial General Liability ■ CLAIMS MADE X OCCURRENCE 313/PHSIPLGU2009-10 01/01/09 01/01/10 GENERAL AGGREGATE EACH OCCURRENCE $10,000,000 S3,000,000 AUTOMOBILE — LIABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per Person) BODILY INJURY (Per Accident) PROPERTY DAMAGE S S S S EXCEss UAa1Lrry EACH OCCURRENCE AGGREGATE S S $ WORKERS COMPENSATION AND EMPLOYERS LIABUTY THEPROPRIETOR/EL PARTNERS/ DCECUTNE INCL Of TIGERS ARE EXCL EACH EL DISEASE LIMIT EL DISEASE EMPLOYEE WC STATUTORY LIMITS ACCIDENT —POLY — EA S S S OTHER I MEDICAL PROFESSIONAL LIABILITY Medical Professional Liability CLAIMS MADE COVER GENERAL AGGREGATE PER OCCURRENCE DESCRIPTION OF OPERATIONS/LOCATIONSI VEHICLES/SPECIAL ITEMS 'Limits as requested. Certificate Holder is named as an additional insured as respects their interest in the "Health & Wellness Fair being held on November 22, 2009 by the Named Insured. No separate limit of liability applies to this entity. The insured shares limits of liability with the first named insured and all other insureds under the policy. CERTIFICATE HOLDER CANCELLATION Ciof National Ci `7 t7 Neighborhood Service Division 1243 National Cit Blvd. y National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL jQ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT 10 DAYS NOTICE FOR NON- PAYMENT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRE7SENTATIVE , �//tt,('�1� . .,. Ann Insurance Managers (Cayman) Ltd. s Managers City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 6, 2009 AGENDA ITEM NO. 22 ITEM TITLE Notice of Decision — Planning Commission Approval of a Minor Conditional Use Permit to Allow a Second -Hand Store within an Existing Commercial Development Located at 3126 E. Plaza Boulevard, Suite A. (Applicant: Maria Nix) (Case File 2009-17 CUP) PREPARED BY Martin Rder, 336-4310 DEPARTMENT Development Services/Planning EXPLANATION The project site is a neighborhood shopping center on the south side of East Plaza Boulevard, between Harbison Avenue and Olive Street in the General Commercial — Planned Development (CG-PD) zone. The shopping center is approximately 3.68 acres in size, with approximately 33,276 square feet of leasable space. The applicant proposes to occupy an existing 765 square -foot suite in the center in order to sell both new and second-hand items. There is no expansion proposed. Although a retail store selling new merchandise would be allowed by right, second-hand retail stores are only permitted upon approval of a Conditional Use Permit (CUP). This particular use is conditionally -allowed under Use Group 19 within the CG zone. The Planning Commission held a hearing on September 21, 2009, at which time Commissioners asked questions regarding conditions of approval, items to be sold, and how used merchandise is procured. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval. Environmental Review x N/A Project exempt from CEQA pursuant to Section 15301 Approved By: Finance Director Financial Statement N/A STAFF RECOMMENDATION Account No. he Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMISSION ' COMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes: DeLaPaz, Farias, Baca, Alvarado, Pruitt, Reynolds, Flores ATTACHMENTS ( Listed Below ) 'Noire 1. Planning Commission Resolution No. 17-2009 2. Location Map Resolution No. 3. Reduced plans A-200 (9/99) RESOLUTION NO. 17-2009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A MINOR CONDITIONAL USE PERMIT TO ALLOW A SECOND-HAND STORE WITHIN AN EXISTING COMMERCIAL DEVELOPMENT LOCATED AT 3126 E. PLAZA BOULEVARD, SUITE A. APPLICANT: MARIA NIX CASE FILE NO. 2009-17 CUP WHEREAS, the Planning Commission of the City of National City considered a Minor Conditional Use Permit to allow a second-hand store within an existing commercial development located at 3126 E. Plaza Boulevard, Suite A. (APN: 558-030-41), at a duly advertised public hearings held on September 21, 2009, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2009-17 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearings held on September 21, 2009, support the following findings: That the site for the proposed use is adequate in size and shape, since the proposed suite is contained within an existing neighborhood commercial center and adequate parking is available for the second-hand store use. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the retail use was considered during the development of the site and the proposed use involves no expansion. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within the existing 765-square foot suite and there is adequate separation from the commercial uses to the residential uses to the south. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will continue to provide a service that is in demand among consumers, and since the business will occupy a vacant space within a retail center. 1 BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes a thrift shop at 3126 E. Plaza Blvd. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2009-17 CUP, dated 8/17/2009. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning 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 Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Division prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. The permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. Building 5. Plans must comply with the 2007 editions of the. California Building Code, the California Mechanical Code, the California Plumbing Code, • the California Electrical Code, California Fire Code and California Title 24 energy and handicapped regulations. Engineering/Stormwater 6. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent 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. Fire 7. 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. 2 Planning 8. All merchandise shall be stored within the interior lease area and shall not be stored or displayed outside of said area. 9. The sale of firearms is prohibited at the site. 10. No pawn broker services may be offered or provided unless a separate Conditional Use Permit or modification to this Conditional Use Permit is approved. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 21, 2009, by the following vote: AYES: DeLaPaz, Farias, Baca, Alvarado, Pruitt, Reynolds, Flores NAYS: ABSENT: ABSTAIN: 3 \ / ' %v `v \, \�� o\ 1 % 905 \�a \R6-2 ' / 9t\ �� low� 122% RS-2 1233 \ 123(3 56 _� 0".cn 1305 Subject Parcel — — — Zone Boundary cp - w 33021\ 3401 Reo p"\le I 1 1 0 155 310 • IFeet 620 APN: 558-030-41 Planning Commission September 2 1 , 2009 Location Map 2009-17 CUP 09.02.09 3142 A DE 675 720 F 2,478 IJL 865 675 966 MNP 1059 675 700 T 2,250 2,545 sf sf sf sf sf sf sf sf sf sf - sf East Plaza Boulevard Traffic Signal PLAZA VILLAGE NATIONAL CITY, CA 9195o Jack in the Box 3138 A 2280 sf 3126 F 765 sf 3126 B 2,700 sf 3124, 1,283 sf 3122 1,283 sf 3120 1,025 sf 3118 960 sf 3116 625 sf 3114 625 sf 3112 1,000 sf 3110 750 sf 3108 750 sf 3106 750 sf 3104 720 sf 3102 600 sf 7-Eleven Store 3100 2400 sf Harbison Boulevar NATIONAL CITY PLANNING DEPT EXHIBIT A CASE FILE NO.: 2009-17 CUP DATE: 8/17/2009 5 STORE LAIDETTAT P-65 sq f. BATHROOM N(existing) toilet I II It • . PARTITION (existing) ALAIN FLOUR 1 BACKDOOR FROI TDOOR *all shaded black areas are shcltvcs! 6 City of National City, California COUNCIL AGENDA STATEMENT N MEETING DATE October 6, 2009 AGENDA ITEM NO. 23 ITEM TITLE Notice of Decision — Planning Commission Approval of a Minor Conditional Use Permit Application to Allow a Precious Metal Purchasing within a Kiosk at Westfield Plaza Bonita Located at 3030 Plaza Bonita Road. (Applicant: Goldrush CA LLC, Cash for Gold) (Case File 2009-16 CUP) PREPARED BY Peggy Chapin, 336-4319 DEPARTMENT Development Services/Planning Division EXPLANATION The project is proposed at the 71-acre Plaza Bonita Mall located within the Commercial Shopping Center (CSC-PD) zone. The applicant proposes to install a kiosk, six -feet by nine -feet in the area near J.C. Penney's. The purpose of the kiosk is to purchase precious metals, typically broken jewelry, coins, and dental implants. Planning Commission conducted a hearing on September 21, 2009, at which time Commissioners asked questions related to Police Department concerns. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval. The attached Background Report further describes the application Environmental Review Financial Statement x N/A Categorical Exemption, Class 1 Section 15301, Existing Facility N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION e Planning Commission and recommends that the Notice of Decision be filed. BOARD / ' OMMIS ION " • ATION� The Planning Commission approved the Minor Conditional Use Permit. Ayes: Alvarado, Baca, DeLaPaz, Farias, Flores, Pruitt, Reynolds ATTACHMENTS ( Listed Below ) 1. Background Report 2.Planning Commission Resolution No. 19-2009 3. Location Map 4. Photo of Proposed K iosk A-200 (9/99) Resolution No. 5. Police Dept. Comments dated August 31, 2009 6. Gold Rush Business Outline BACKGROUND REPORT MINOR CONDITIONAL USE PERMIT PRECIOUS METAL PURCHASING 2009-16 CUP, APN 564-472-03 The applicant proposes to operate a precious metal purchasing business at a kiosk within the Plaza Bonita Mall. Precious metal buying businesses are classified as Land Use Code Use Group 19 and would be permitted in the Commercial Shopping Center (CSC) zone with the approval of a Conditional Use Permit (CUP). No sales of jewelry or coins will occur at the kiosk. Currently, similar precious metal kiosks are located within Plaza Camino, Carlsbad, Parkway Plaza, El Cajon, and North County Fair, Escondido. Precious metal buying business must register with the California Department of Justice as secondhand dealer. Secondhand dealers must report all purchases to the Police Department on a daily basis and hold purchased items for 30 days minimum. State law does not allow cities to adopt identification, holding, or reporting requirements other than as set forth by the State's Business and Professions Code. The National City Police Department expressed the following concerns: • The proposed use may attract criminal activity. • The materials purchased at the kiosk may be related to an investigation of a theft or burglary case and holding the items for 30 days does not provide adequate time to review the items prior to recycling. • The proposed use must comply with the second hand dealer reporting requirements of the California Department of Justice. In response to the Police Department's concern, Conditions of Approval have been added to include requiring security cameras at the kiosk, retention of video tapes for 60 days, photographing sellers, and retention of purchased material for 60 days. Additionally, at the recommendation of the Police Chief, the Planning Commission may consider revocation of the CUP, if the operator is found to be in violation of any state or local law. 1 RESOLUTION NO. 19-2009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A MINOR CONDITIONAL USE PERMIT TO ALLOW A PRECIOUS METAL PURCHASING WITHIN A KIOSK AT WESTFIELD PLAZA BONITA LOCATED AT 3030 PLAZA BONITA ROAD APPLICANT: GOLDRUSH CA LLC, CASH FOR GOLD CASE FILE NO. 2009-16 CUP WHEREAS, the Planning Commission of the City of National City considered a Minor Conditional Use Permit to allow a precious metal purchasing within a kiosk at Westfield Plaza Bonita located at 3030 Plaza Bonita Road (APN: 564-472-03), at a duly advertised public hearings held on September 21, 2009, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2009-16 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearings held on September 21, 2009, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed kiosk is contained within the existing, enclosed mall. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the commercial expansion of Plaza Bonita mall considered traffic during the development of the site. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within the existing, enclosed mall. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will provide a service that is in demand among consumers. BE IT FURTI--IER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 2 General 1. This Conditional Use Permit authorizes a precious metal buying kiosk at 3030 Plaza Bonita Road. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A -Revised, Case File No. 2009-16 CUP, dated 8/13/09. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning 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 Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Pen -nit 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 Division prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. The permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. Building 5. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, California Fire Code and California Title 24 energy and accessibility regulations. 6. Plans shall be revised to comply with California Title 24 accessibility requirements for sales and service counters (Section 1122B.5). Plans shall indicate a counter or table at a height of 28" minimum to 34" maximum and 19" in depth_ In addition an, 30" x 48" of clear floor space under the sales or service counter shall be provided (Sec. 1 122B_2, 11 18B.4.1). Fire 7. Plans must comply with the 2007 editions of the NFPA and CFC. 8. Kiosk and similar structures (temporary or permanent) shall not be considered a tenant spaces and shall meet the following requirements: a. Combustible kiosks and similar structures shall be constructed of any of the following materials: 1. Fire -retardant -treated wood complying with the requirements for fire -retardant impregnated wood in NFPA 703, Standard for Fire Retardant -Treated Wood and Fire -Retardant Coatings for Building Materials.. Light transmitting plastics complying with Chapter 47 of NFPA 5000, Building Construction and Safety Code. 3 3. Foamed plastics having a maximum heat release rate not greater than 100kW when tested in accordance with ANSI/UL 1975, Standard for Fire Tests for Foamed Plastics Used for Decorative Purposes. 4. Aluminum composite material (ACM) having a Class A rating, as specified 1 Section 10.2, when tested as an assembly in the maximum thickness intended for use. 5. Textiles and films meeting the flame propagation performance criteria contained in NFPA 701, Standard Methods of Fire Tests for Flame Propagation of Textiles and Films. 9. Kiosks or similar structures located within the mall shall be protected with approved fire suppression and detection devices. 10_ The minimum horizontal separation between kiosks, or groups of kiosks, and other structures within the mall shall be 20 ft. (6100 mm). 11. Each kiosk, or group of kiosks, or similar structure shall have a maximum area of 300 ft.2 (27.8 m2) Planning 9. This Conditional Use Permit shall be referred to the Planning Commission for consideration of revocation upon recommendation by the Police Chief if the operator is found to be in violation of any state, or local law regulating Secondhand Dealers in accordance with Section 18.116.170. 10. No second hand items shall be sold or consigned from the kiosk without modification of this Conditional Use Permit. I I. Security cameras shall be installed and operated on the kiosk and videos shall be retained for a minimum of 60 days. Police 12. The precious metals purchased at the kiosk shall be held for a period of 60 days prior to recycling to allow adequate time for the Police Department to review the items in conjunction with a potential theft, burglary, or other criminal activity. 13. The applicant shall provide documentation that the business has been registered as a Secondhand Dealer and at all times, shall be operated in compliance with California Business and Professions Code Sections 21625-21647, or any other sections pertaining to Secondhand Dealers. 14. Pursuant to Financial Code Section 21208 and Business and Professions Code Section 21628, the licensed pawnbroker or secondhand dealer shall report daily, or the first working day after receipt or purchase, to the Police Chief providing a listing of defined sales and/or goods. 15. The applicant shall digitally photograph the identification of the individual selling the item for recycling. The photographs shall be maintained for a minimum period of 60 days. 4 BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 21, 2009, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: DeLaPaz, Farias, Baca, Alvarado, Pruitt, Reynolds, Flores 5 3000 /1/ Subject Parcel Zone Boundary Westfield Plaza Bonita 0 Approximate Project Location / J 1 I 1 1 0 240 480 I Feet 960 APN: 564-472-02 Planning Commission September 21, 2009 Location Map 2009-16 CUP >1 4 „,,014104.101`.130,411iTA.,?t, T., 4 NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: August 31, 2009 TO: Adolfo Gonzales, Chief of Police Martin Reeder, Assistant City Planner Michael Fellows, Planning Technician FROM: Sergeant Graham Young SUBJECT: CUP for Goldrush (Cash-4-gold) 3030 Plaza Bonita Road, #2075, Case File Number: 2007-16 CUP. I have reviewed the paperwork submitted by the Planning Department, the application for the CUP submitted by Jessica Campbell, and I conducted a site survey at Plaza Bonita where I spoke to jewelry store managers regarding the kiosk. Additionally, I contacted other local law enforcement agencies along with the California Department of Justice Pawn Broker and Second Hand Dealers Division and inquired how law enforcement can approach this type of business. My concern for this particular CUP is that the company is confused about the reporting requirements set forth by the law. In the letter attached to the CUP from the Regional Vice President, Robert Guthrie, he stated "We are in no way related to the Pawnshop industry," when in fact, this business has to adhere to the same reporting standards under a "Second hand Dealer" license. California Business and Professions Code § 21626. "Secondhand dealer"; "Coin dealer" (a) A "secondhand dealer," as used in this article, means and includes any person, copartnership, firm, or corporation whose business includes buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand tangible personal property. A "secondhand dealer" does not include a "coin dealer" or participants at gun shows or events, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, who are not required to be licensed pursuant to Section 12071 of the Penal Code, who are acting in compliance with the requirements of Section 12070 and subdivision (d) of Section 12072 of the Penal Code, and who are not a "Gun Show Trader," as described in paragraph (5) of subdivision (b) of Section 12070 of the Penal Code. (b) As used in this section, a "coin dealer" means any person, firm, 8 partnership, or corporation whose principal business is the buying, selling, and trading of coins, monetized bullion, or commercial grade ingots of gold, or silver, or other precious metals. o Pursuant to Financial Code section 21208 and Business and Professions Code section 21628, a licensed Pawnbroker and/or Secondhand Dealer must report DAILY to the Police Chief or Sheriff in their jurisdiction, a listing of defined sales and/or goods. o Every pawnbroker shall report daily or on the first working day after receipt or purchase, all descriptions of all property received in pledge or purchased as tangible personal property, as defined in Section 21627 of the Business and Professions Code, in whatever quantity received, including property purchased as tangible personal property at wholesale, tangible personal property taken in for sale or possessed on consignment for sale, and tangible personal property taken in trade. In speaking with other law enforcement agencies about Cash-4-Gold companies, I found that although many agencies feel these companies are fences for stolen jewelry, there is not much legislature addressing the issue. Florida is the only state that has passed restrictions and regulations for these types of businesses. Some of the regulations include a photo identification, fingerprint, photographing the jewelry and holding it for 60 days. It was explained to me that photographing the jewelry aids law enforcement with evidence even after the jewelry has been melted down, also, the extended time period for holding property, assisted in the recovery in stolen goods. Most agencies did not think this business will necessarily increase jewelry theft in the vicinity of the mall, however, they did feel that an increase of an "undesirable element" would frequent the locations of this type of kiosk or business. Other law enforcement agencies around San Diego County have noticed that Cash-4- Gold kiosks may give some jewelry thieves a sense of security because of the misperception that these kiosks do not fall under the same laws and ordinances of pawnshops (fingerprints, show identification and the information provided to the police department routinely). Per the California Department of Justice, second hand dealers are slightly different (do not have to hold the property for the same time period), however must comply with the daily reporting requirement to the police department that pawn brokers follow. In conducting the investigation for this CUP, several concerns surface when looking at "Cash-4-Gold" or "Goldrush" opening within Plaza Bonita, they are as follow: • One of the major problems that surround any recycling business is the attraction of the bad or criminal element of society selling stolen goods and the affect in the way of possible collateral damage on nearby businesses and neighborhoods. Although many law abiding people frequent recycling businesses, the City of National City has had to deal with a disproportional amount of a criminal element 2 9 when dealing with metal recycling, such as A-1 Alloys. In bringing this type of business to the mall it could also bring a criminal element to the mall, increasing other crimes and raise crime stats scaring off other patrons. As we all know, the mall is a major revenue generator for the City. • By nature, jewelry recycling or secondhand dealing in general, causes issues for law enforcement personnel investigating a crime because in most cases jewelry is not serialized and unless the item being sold/recycled is extremely unique it is very hard to trace as stolen property. Many times, when a piece of jewelry is sold to a recycler there is not documented description in the way of a photograph or a photograph of the identification of the item being sold as well as the seller. Additionally, the "second hand seller is only required to maintain the item purchased from a seller for 30 days. Many times leads in the case can not be developed in this time period and the item or evidence is destroyed by melting the gold/silver/platinum into ingots for reproduction. • The City of National City does have a Municipal Code addressing the precious metal recycling sales/recycling. Apparently, some criminals have caught on that we do not have a strict regulation of precious metal recycling and they come to National City for the sole purpose of selling stolen property as documented in NCPD Case #0903877. Briefly, this case (Case Agent - Corporal Derek Aydelotte) outlined a known Southeast San Diego gang committing multiple burglaries where jewelry was stolen and sold within National City, City limits and the gang members specifically came to National City because of the lax or no statues addressing the issue of purchasing recycled jewelry. • The need for such a service is already established on-line and in other areas within National City (Price Breakers). In speaking with a majority the jewelry store managers at Plaza Bonita, their feelings were mixed on whether this would be a good addition or poor addition to the mall, but all were concerned about the type of crowd that the kiosk might bring. It was noted that the kiosk currently being sought by "Goldrush" was once a "cash for gold" business, again feelings were mixed from the jewelry store managers about the clientele that frequented the business. If the decision is made to allow precious metal recycling at Plaza Bonita, the following are some suggestions for the business owner to complete during a transaction: • Ensure the business understands and acknowledges they must comply with the same reporting requirements regarding the goods purchased from a seller as Pawn Brokers and Secondhand Dealers do. o Pursuant to Financial Code section 21208 and Business and Professions Code section 21628, a licensed Pawnbroker and/or Secondhand Dealer must report DAILY to the Police Chief or Sheriff in their jurisdiction, a listing of defined sales and/or goods. 310 o Every pawnbroker shall report daily or on the first working day after receipt or purchase, all descriptions of all property received in pledge or purchased as tangible personal property, as defined in Section 21627 of the Business and Professions Code, in whatever quantity received, including property purchased as tangible personal property at wholesale, tangible personal property taken in for sale or possessed on consignment for sale, and tangible personal property taken in trade. o Attached is a "Pawn slip" and an alternative reporting form provided by the California Department of Justice. • Digitally photograph the identification of the individual wishing to sell the item into recycling. • Digitally photograph the item to be recycled. Attached is the research material obtained from the California Department of Justice. Resp fully Submitted, Graham 'j�t�� g, Sergeant Special a s\tant to the Chief of Police National City Police Department Business Outline: Goldrush CA LLC is part of a national chain of stores that provide an important service to the public and the jewelry industry as a whole. We provide an outlet for the public to recycle their unwanted jewelry and related items. GoldRush offers a clean, safe, professional and customer service orientated location located in high profile locations at shopping malls for members of the public to turn their unwanted jewelry items into cash. We also offer convenience as our locations are easily accessed and close to other major shopping outlets. We have over 60 location nationally within the United States, including many in California, with 8 stores in the Bay Area of San Francisco and 4 in LA, with many more scheduled to open soon, including 4 locations in San Diego. We are in no way related to the Pawnshop industry, as we do not make loans, and we offer a no haggle option for people to sell their unwanted items, based on weight, and karat. Our prices are fixed daily and based on the current gold and silver prices of that day. Satisfaction is guaranteed. We operate under a state "Second Hand Dealers license", and comply with all rules and regulations as required by the local Police. All customers are required to provide a state issued ID to sell, the details of which are recorded. All of our records are either reported available for scrutiny by local police at all time. All inventory purchased in California is held for 30 days per state law, from there the material is refined and recycled. This industry has significant environmental benefits, as for every gram of gold or silver produced through mining activity, over 4 tons of dirt is produced and 100 tons of CO2 gases are also produced. Recycling existing metals reduces this by adding to the existing supply of metals in the market place. Without this service, honest hardworking people have very few convenient options to sell these unwanted items in a safe or easy way. Goldrush stores provide this easy and convenient way to recycle unwanted precious metals. I would be happy to answer any queries or questions regarding our operation. Robert J Guthrie Regional Vice President Goldrush Stores C: 415 760 0875 12 City of National City, California COUNCIL AGENDA STATEMENT 1EETING DATE October 6, 2009 AGENDA ITEM NO. 24 ITEM TITLE Notice of Decision — Planning Commission Approval of a Minor Conditional Use Permit Application to Allow a Music Studio within an existing Commercial Development Located at 3403 E. Plaza Blvd. (Applicant: Rowie Messina) (Case File 2009-19 CUP) PREPARED BY Peggy Chapin, 336-431 DEPARTMENT Development Services/Planning Division EXPLANATION The project site is a 0.80-acre neighborhood shopping center located within the General Commerical -Planned Development (CG-PD) zone. The applicant proposes to offer dance classes and music instruction. The hours of operation would typically be after school (3:30 to 8:00 p.m.) and on Saturdays. Sundays would be reserved for rehearsals for upcoming recitals. Dance studios are permitted within Land Use Group 19 and 27 subject to the approval of a Conditional Use Permit. Potential concerns to conducting a music studio include adequacy of parking and noise impacts to surrounding residential properties. The site contains approximately 18,000 square feet of gross leased area and 60 parking spaces which is less than current standards. However, since the classes would occur many offices or businesses are closed and the students are school age children who would be dropped off or share rides there would be adequate parking. The potential for noise impacts are reduced since an eight -foot wall separates the commercial center from the adjacent residents to the west and all classes would be conducted within the studio with the rear door closed. Planning Commission conducted a hearing on September 21, 2009, at which time there were no comments expressed by the community or other departments. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval. Environmental Review Financial Statement N/A x N/A Categorical Exemption, Class 1 Section 15301, Existing Facility Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff conc lanning Commission and recommends that the Notice of Decision be filed. BOARD / • MM SSION RE • MENDATION The Planning Commission approved the Minor Conditional Use Permit. Ayes: Alvarado, Baca, DeLaPaz, Farias, Flores, Pruitt, Reynolds ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution No. 18-2009 2. Location Map 3. Aerial Map A-200 (9/99) 4. Details of Music Learning Center RESOLUTION NO. 18-2009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A MINOR CONDITIONAL USE PERMIT TO ALLOW A MUSIC STUDIO WITHIN AN EXISTING COMMERCIAL DEVELOPMENT LOCATED AT 3403 E. PLAZA BOULEVARD, SUITE K APPLICANT: ROWIE MESINA. CASE FILE NO. 2009-19 CUP APN: 669-101-03, 04, AND 06 WHEREAS, the Planning Commission of the City of National City considered a Minor Conditional Use Permit to allow a music studio within a existing commercial building at 3403 E. Plaza Boulevard, Suite K at duly advertised public hearings held on September 21, 2009, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2009-19 MCUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on September 21, 2009, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed suite is contained within an existing neighborhood commercial center and adequate parking is available for the dance studio. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the retail use was considered during the development of the site and the proposed use involves no expansion. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within the existing 767-square foot suite and there is adequate separation between the commercial uses to the residential uses to the south. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will continue to provide a service that is in demand among consumers, and since the business will occupy a vacant space within a retail center. 1 BE IT FURTHER RESOLVED that the application for Minor Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes a music studio at 3403 E. Plaza Blvd, Suite K, except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A -Revised, Case File No. 2009-19 CUP, dated 08/18/2009. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning 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 Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Division prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. The permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. Building 5. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, California Fire Code and California Title 24 energy and handicapped regulations. Fire 6. 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. Planning 7. All dance classes and instrument instruction shall occur within the leased area and class instruction shall cease no later than 9:00 p.m. 8. All drop off and pick up of students shall occur on the site. 9. The applicant shall comply with Title 12, Noise Control of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. 2 BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 21, 2009, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: DeLaPaz, Farias, Baca, Alvarado, Pruitt, Reynolds, Flores 3 - " RS-2 r ,ap1 \‘ - - a- AA $309 \ 0 G all - (0 92-0 w CG-PD - H35 905 gp1 903 tP 905 c) N 936 g42 329 g‘5 RS-2 \ = A 3421 I I 3432 3426 3420 3414 gp0 RM-1-PD -H35 06 RS-1 / u) GO Subject Parcel — — — Zone Boundary 0 100 200 I Feet 400 APN: 669-101-03 Planning Commission September 21, 2009 Location Map 2009-19 CUP 09.02.09 ;36 ft tI I 244114_65` Pi 117'04 tG 21::.W US Cenci's Eweau 2969 ele Atlas 2CO.C, poop e , Gcx)gle 2LG9,4EGr- `. etev 1e6 It - Feb 2Jy5' Eye alt 925 ft - 5 Rowie O. Mesina, Director Music Learning Center Music Studio: Teaching Classes Offered: Voice, Piano, Guitar (possibly) Violin, Flute and Drums Hula, Hip -Hop, Ballroom Dancing, Line Dancing, Jazz, Jazzercise, Aerobics (possibly) Ballet and Belly Dancing. Hours of Operation: Monday thru Friday - 3: 30PM to 8: OOPM Saturday - 10: OOAM— 8: OOPM Sunday - Closed (Open only for rehearsals) We will close at (9: O0pm) during rehearsals if we have a Concert, Shows and Recitals. Number of Students: At any one time in our old studio we have at least 40 students in different classes. We don't know this time it depends on our advertisement, our Grand Opening is also the pre -registration. Number of Employees: Total of 6 This includes myself my two sons, 2 nephews and cousin who teaches ballroom and line dancing. 6 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT October 6, 2009 AGENDA ITEM NO. 25 ITEM TITLE Notice of Decision — Planning Commission Approval of a Conditional Use Permit application for the Sale of Alcohol at Red Robin Restaurant at Westfield Plaza Bonita at 3030 Plaza Bonita Road. (Applicant: Red Robin International — Tyson Boiko.) (Case File 2009-13 CUP) PREPARED BY Martin Reeder, 336-4310 EXPLANATION DEPARTMENT Development Services/Planning The project site is Red Robin, a proposed restaurant at the southwest entrance to the Westfield Plaza Bonita shopping center, which is currently under construction. The 6,500 square foot restaurant is proposed with 244 indoor seats, including a mezzanine, and a bar area, as well as 48 outdoor patio seats. The restaurant is scheduled to open in November 2009 and provide 75 to 80 full and part time jobs. The suite to be occupied was originally intended to house a California Pizza Kitchen restaurant, which received approval for a Conditional Use Permit (CUP) for the sale of alcohol in 2007 (2007-53 CUP). California Pizza Kitchen ultimately did not open at Westfield Plaza Bonita and no permits were exercised. The previous CUP has since expired. The applicant has requested a CUP for alcohol sales for on -site consumption within the proposed Red Robin restaurant. The request would allow them to sell beer, wine, and spirits during their proposed operations hours: Sunday through Thursday, 11:00 am to 10:00 pm, and Friday and Saturday from 11:00 am to 11:00 pm. Alcohol would be available in the dining area, outside on the patio and at the bar in the restaurant. No karaoke or live entertainment is being proposed. The Planning Commission held a hearing on September 21, 2009, at which time Commissioners asked questions regarding live entertainment, the number jobs to be created and the floor plan. One community member spoke to Ni,,,\,,.... verify that training would be provided for all employees serving alcohol. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval. Environmental Review x N/A Project exempt from CEQA pursuant to Section 15301 Financial Statement N/A STAFF RECOMMENDATION BOARD / ' • M ISSION R - - - The Planning Commission approved the Conditional Permit. Ayes: DeLaPaz, Farias, Baca, Alvarado, Pruitt, Reynolds, Flores Approved By: Finance Director Account No. anning Commission and recommends that the Notice of Decision be filed. ATTACHMENTS ( Listed Below ) Resolution No. *.,.. 1. Planning Commission Resolution No. 20-2009 3. Reduced plans 2. Location Map A-200 (9/99) RESOLUTION NO. 20-2009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF ALCOHOL AT RED ROBIN RESTAURANT AT WESTFIELD PLAZA BONITA LOCATED AT 3030 PLAZA BONITA ROAD. APPLICANT: RED ROBIN INTERNATIONAL — TYSON BOIKO CASE FILE NO. 2009-13 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the sale of alcohol at Red Robin Restaurant at Westfield Plaza Bonita located at 3030 Plaza Bonita Road APN: 564-472- 03),at a duly advertised public hearings held on September 21, 2009, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2009-13 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS; the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearings held on September 21, 2009, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be housed in an approved restaurant within the shopping center and will not affect the space needs or parking needs of the shopping center. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the proposed use is served by both Plaza Bonita Road and Sweetwater Road, arterial streets, and since the sale of alcohol at an approved restaurant is not expected to increase the amount of traffic to the site. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be compatible with other businesses; and since it will be located on the westerly side of the existing shopping center, and is oriented away from the nearest residences which are over 700 feet away and at an elevation approximately 50 feet higher than the center. In addition, the proposed use will be subject to conditions that limit the sale of alcohol, restrict the hours that it will be available, and ensure that it remains accessory to the sale of food. 1 That the proposed use is deemed essential and desirable to the public convenience and welfare, since the facility will provide an additional opportunity to consume beverages that are often requested by consumers in a family restaurant setting. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the incidental sale of beer, wine, and distilled spirits in a restaurant at 3030 Plaza Bonita Road, Suite 2520, as shown on the attached plans (Exhibit A, case file no. 2009-13 CUP, dated 7/22/2009). 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. S. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. Building 6_ Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. Planning 7. The sale of alcoholic beverages shall be limited to between the hours of 10:00 a.m. and 11:00 p.m. Sunday through Thursday and 11:00 a.m. and 11:00 p.m. Fridays and Saturdays_ 8_ All alcoholic products shall be stored in the storage and/or bar area and shall not be accessible to the general public_ 2 9. All persons who will be serving alcoholic beverages shall receive L.E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition. Training shall include a component addressing domestic violence. 10. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 11 Designated Driver Program information shall be available for all guests. 12. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited_ Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Police 13. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages or to live entertainment. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, .unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 21, 2009, by the following vote: AYES: DeLaPaz, Farias, Baca, Alvarado, Pruitt, Reynolds, Flores NAYS: ABSENT: ABSTAIN: 3 CSC-PD 3030 Subject Parcel. — — — Zone Boundary Westfield Plaza Bontia 0 Approximate Project Location 3050 II !3718 1 I 3732 3715 \ 3723 3739 0 200 400 1 Feet 800 APN: 564-472-03 Planning Commission September 21, 2009 Location Map 2009-13 CUP 09.02.09 -- - ------__ _- -- . . - - - / / / / / / • / NATIONAL CITY PLANNING DEP f EXHIBI r A .1-- - ................„.......,......... 0=L`n RED ROBIN GOURMET BURGERS MO TATA 110.Ms 00.0 - SUR. 2SM NAI,OtsAS arr. CA 91950 ARCHITECTURAL SITE PLAN CONSTRUCTON ISSUE 611109 -- - P//...... / .- 0, ". ,- CASE FILE NO 2009.13 CUP DATE 7/22/2009 i 1 --- -- . , ^ .. •--.1-- * ') DIVING MALL 70 \ / u------- .1_ \ ---i`''-- - ourn.o......3 , 1 ......0.10•10 ... .-, . Z 7 ' z / .....(t,I, ENTRANGE/ / /_ / • . --,-1—2„/ „,-,.4-."•,-0.,-..... BUERIXLEDIMSIIN)ANGI0N T 7[,.[ .P-.O4,. .•...w/.q .__. _' -_ .-.-,-. iiI -• ----.----- - .--.---. --_ - _. - _ _ '- ,- .•_ -- -_--__ ---:--=..,/,_-2,4.-.'./'/[...I.,L3--,-,,_ -*_-a..L-'1cI-i.N1i/r'J..[---I-.----A- -- , 4-_._,',_._7 -_. ._-_..__._N VN\ ••/,7 \ \ . ...,_. .'L..-.-..[3.....i7.,.0,,..[ . I„\'.,7„\ //I/ TnI/ 'A/ '[// / / / // / /// />c[ / PARKING // JL / 7" OREM/ 1 7 , / / / / / /, n / ' 1 I / / .., PARKNO e ' .., \ '/ ) / / / / 7,) To REmAtri / , ,,, / • / r_4tic4 ,Ii11111;ilI,i, 1 & .............. 4,...........,,,,, A --------7:7=-"--'=--:, / / 1 / / -) ) f,,.4.1.$31272 OVERALL SITE PLAN 2 ARCHITECTURAL SITE PLAN . .... ..., 1 ....• .. , 7:74",11..'",`• .,, t - - *••=71.7,.. '4 i1 1.10 • CV 1 _G t., t=rt-------, ! H":„„„_ —7-/1 '' , ...r.cto. elF4 - r: ....„ -.. .- .... t. __ __-K_. - L , - 69-4102 NOT USED NOT USED PROJECT SIGN 3 e<TERIOR BENCH DETAIL 4 TO GO SIGN r.... A 1 0 INTERIOR PLANT SCHEDULE INICI MEZZANINE FURNISHING PLAN DINING & BAR AREA FURNISHING PLAN OWNER FURNISHED R.0.1 AND NOT IN CONTRACT IN.I.C.I ITEMS / IOW .01 Mel SEALING LEGENb FURNISHING SCHEDULE avo Ma, DOW rie0 cf. boo ORO Or. ur• OARS ONO :Um MI FURNISHING SCHEDULE /O N.1 WOO .-.-.l.�wr� 1000.0 new. If 40:00,3•11p1Noa vae KEYED NOTES 0001 4102 NORTH EXTERIOR ELEVATION III ._, Ill__. r la oft reorlUal 'L"AH 4 YIiD}d 'b1�1 H H�BeNkfS,.wr-- GT off E.T4 A 4.10 VON PA. ftIN ( Ct) 4.11.4 O 3 FINISH SCHEDULE 4 GENERAL NOTES FAL MG. re. AV meow. 5 SIGNAGE NOTE NJ CV VON WEST EXTERIOR ELEVATION & MALL INTERIOR ELEVATION RAJUNG SECTION 0 PATIO (i9-4102 ..I. A3.0 NioaioollEETING DATE City of National City, California COUNCIL AGENDA STATEMENT October 6, 2009 AGENDA ITEM NO. 26 ITEM TITLE Notice of Decision — Planning Commission Modification of a Conditional Use Permit Approving the Expansion of McDini's Restaurant with Reduced Parking and Denying Increased Hours for Live Entertainment and Proposed Stage Area at an Existing Restaurant at 105 East 8th St. (Applicant: Paris Hagman) (Case File 2009-10 CUP) PREPARED BY Martin Reeder, 336-4310 DEPARTMENT Development Services/Planning EXPLANATION The project site is McDini's Restaurant, located on a 6,548 square -foot lot on the southwest corner of East 8th Street and A Avenue in the General Commercial (CG) zone. McDini's also has a 24-space parking lot located directly to the north on A Avenue. McDini's operates under a Type 47 alcohol license (On -Sale General Eating Place). A previous Conditional Use Permit (CUP-1986-10) was approved in October of 1986 that extended alcohol sales hours until 2 a.m. and allowed for live entertainment three days a week (Thursday through Saturday) until midnight. The applicant requested to extend live entertainment from three nights a week to seven and until 1:30 a.m.; to convert an existing storage area within the building to add 835 square feet of dining with 28 additional seats; to construct an approximately 140 square -foot stage for the live entertainment; with the remaining area to be used for dancing. The stage was subsequently removed from the request. An exception was requested to waive the need for more parking for the additional seats being added to the business; no additional parking spaces were proposed. The Planning Commission held hearings on July 21 and August 17, 2009, at which times Commissioners asked questions regarding Conditions of Approval and partial approval of the permit. Representatives from the Police Department and the Institute for Public Strategies spoke in opposition to the extension of live entertainment hours, citing existing noise issues and multiple calls for Police service. The Commission voted to approve the expansion of the restaurant with an exception for parking, and to deny the request for extended live entertainment hours, dancing and stage construction based on required findings and subject to Conditions of Approval. Environmental Review x N/A Project exempt from CEQA pursuant to Section 15301 Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMEND TION Staff concurs wjt ecisio th- P : nning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION REC The Planning Commission approved a portion and denied a portion of the Conditional Use Permit. Ayes: Farias, Baca, Alvarado, Pruitt, Reynolds, Flores. Abstain: DeLaPaz ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 16-2009 2. Location Map Resolution No. 3. Reduced plans A-200 (9/99) RESOLUTION NO. 16-2009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, MODIFYING AN EXISTING CONDITIONAL USE PERMIT APPROVING THE EXPANSION OF THE RESTAURANT/BAR WITH REDUCED PARKING AND DENYING INCREASED HOURS FOR LIVE ENTERTAINMENT AND A PROPOSED STAGE AREA AT AN EXISTING RESTAURANT AT 105 EAST 8111 STREET. APPLICANT: McDINIS RESTAURANT (PARIS HAGMAN) CASE FILE NO. 2009-10 CUP, APN 556-332-20) WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the expansion of an existing restaurant/bar, reduced parking, and increased hours for live entertainment hours at McDini's at 105 East 8th Street (APN: 556-332- 20). at a duly advertised public hearings held on July 20, 2009 and August 17, 2009, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2009-10 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California that the testimony and evidence presented to the Planning Commission at the public hearings held on July 20, 2009 and August 17, 2009 support the following findings: FINDINGS FOR APPROVAL OF THE MODIFICATION OF A CONDITIONAL USE PERMIT FOR THE EXPANSION OF AN EXISTING RESTAURANT WITH REDUCED PARKING 1. That the site for the proposed use is adequate in size and shape, since the addition of 835 square feet would be within the existing building. 2. That the site has direct access to a major arterial which can accommodate the estimated increase of 84 average daily trips (ADTs) that would be generated by the expansion of floor area and this increase of ADTs would not result in a decrease in the level of service on 8th Street. 3. That the site has sufficient access to on -street parking, in addition to the available on -site parking, since the Conditional Use Permit allows for live music on Friday and Saturday evenings when retail businesses are typically closed resulting in more available street parking along A Avenue and 8th Street and increased availability for parking for the restaurant/bar. 1 FINDINGS FOR DENIAL OF THE MODIFICATION OF THE CONDITIONAL USE PERMIT FOR INCREASING THE HOURS FOR LIVE ENTERTAINMENT AND FOR A PROPOSED STAGE AREA That the proposed use would have an adverse effect upon the demand for city services, since the business operation has resulted in the Police Department responding to over 100 calls for service over a period of 5 '/2 years and increasing the hours for live entertainment would incrementally increase the potential responses for Police Department assistance. 2. That the proposed increase in the hours of providing live entertainment and the installation of a stage area would have an adverse effect on adjacent or abutting properties since neighboring residents have voiced complaints regarding excessive noise levels and public disturbance during the hours when live entertainment is currently being offered as permitted with the existing Conditional Use Permit and increasing the hours to evenings seven days a week would result in an increase noise levels and parking on residential streets impacting the surrounding residents during the week when noise levels are expected to be minimal. BE IT FURTHER RESOLVED that the application for Conditional Use Permit for the expansion of an existing restaurant is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes an approximately 835 square -foot interior addition at McDini's restaurant/bar without increasing the available on site parking located at 105 East 8th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2009-10 CUP, dated 5/4/2009. 2. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 3. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 4. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 2 Building 6. All plans for building permits must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. Fire 7. Fire sprinkler plans shall be submitted directly to the National City Fire Department for applicable fees, permits, review and inspection. 8. Building plans shall include information related to emergency egress, occupancy and exit signage to the satisfaction of the Fire Marshall and/or the Building Official. Planning 9. Live entertainment may be offered only on Thursdays, Fridays and Saturdays until 12 Midnight. 10. All operations and activities, including live entertainment, shall comply with Title 12 (Noise Control) of the National City Municipal Code. 11. All doors shall remain closed during any and all live entertainment events. 12. A uniformed professional guard service shall be hired and be available on the premises between the hours of 7:00 p.m. and 2:00 a.m. on Thursdays, Fridays, and Saturdays when live entertainment is offered. The guard service shall patrol the outside of the premises and parking lot, as well as the inside, and shall prevent any loitering and/or undesirable activity in the parking lot. 13. The Conditional Use Permit shall be subject to revocation by the Planning Commission if the Chief of Police determines that the operation and services offered result in, or significantly contributed to a ten (10) percent increase in the demand for police services during the hours from 5:00 p.m. to 3:00 a.m. The demand for police services and police enforcement activities in this immediate area will be reviewed quarterly. A report shall be prepared and provided to the Planning Division with recommendations from the Police Depatti►►ent for possible revocation of the Conditional Use Permit. 14. The premises and parking lot shall be maintained and kept free of trash and debris and adequate lighting shall be provided at the entrances, exits and within the parking lot during hours of operation. The parking lot lighting shall be shielded and shall not overflow to adjacent properties. All graffiti shall be removed within 72 hours to the satisfaction of the Code Enforcement Department. A lighting plan shall be provided at time of building permit and shall be to the satisfaction of Planning Division. 15. Signs shall be posted at each entrance to the applicant's premises prohibiting loitering on or in front of the premises and within the parking lot. 16. The applicant shall post and maintain signs, to be approved by the Planning Division, on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "It is unlawful to drink an alcoholic beverage or to possess an open alcoholic beverage container in public or in a public parking lot. NCMC 10.30.050 and 10.30.060." 3 17. Building plans submitted for review shall include architectural details and colors of the proposed exterior changes to the restaurant, shall show omission of the proposed 140 square -foot stage and shall be subject to review and approval by the Planning Division. 18. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Division prior to issuance of building permits. The plan shall show landscaping along the 8th Street frontage of the property. 19. A video surveillance system shall be installed to monitor activity around the premises and parking lot. Details for the system shall be shown on building permit (tenant improvement) plans and shall be reviewed by and be acceptable to the Police Department. 20. The property shall have a dumpster on site. The dumpster shall be stored within an enclosure with a solid cover, and locking gate. Details for the dumpster shall be shown on building plans to the satisfaction of the Planning Division. Police 21. The applicant and operator shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages or to live entertainment. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 21, 2009, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Farias, Baca, Alvarado, Pruitt, Reynolds, Flores DeLaPaz CHAIRMAN 4 • • • • • M • • • • orio _ - - • • • • • y CO • • • • • CG-PD Project Location — — — Zone Boundary _- - - - _ -• CG 1 1 1 0 75 150 0 0 I Feet 300 5 E 8th Street APN: 556-332-20 Planning Commission July 20, 2009 Location Map 2009-10 CUP 07.©6.09 SCOPE OF WORK. puOOVAE CI VESTINGPAST AND TER STOMOR ONN BIWEmI THE DBGNO ADDITION OF 60 SF ®TE TER SOUTH MR OP METING STORAGE AREA M SHOWN ON PLAINS REMOVAL OF 0. AR1G OFFICE AREA IN T.W A1JLP COOLS ARBA 610A0C PARTITIONS, STAIRS, 8BNOVM OP ALL EOSI NOEANR38Y PAC9fRBS AND CONSTRUCTION OP 0EPANSIS A CURIBLPBATIIXOONS PER UK SECA Acre BLYIDM1BQUd@�4YI4. 3.1 MR NUMBER OP ?WNW µDC ,Re.<INSL 00OP TER CITYNATIONALP ME OIPY DFMTMeM. A WE LEADING TO R. FOR LER EYTERTATNMEM, INSTALLATION OF A NEW TYPE ( ROOD INTHB EROEN AS SHOWN ON THE PINS. UPORADw0TIE MBCISAMCALSYS,PM PORCONNIAN'0E WITH CURRENT CODES ..OWN ONTO AFCRAN1CAJ. INSETS, UPORADINO BIECTN02. SVBRMS.MROVm1O u0M1N001 O W M0 ROOM E%flOISION. ADDING W UUBY PANS AND RBMLACEIO BRLVIRNG BP AND MAUI.AB MOWN ON TIE ELECTRICAL S>OE'R. IP. LTORAD6ON.UMBINO MENNEW EAT0E00MMIXNM ARRANOeMF6TT. TRETOUL NDABEROF PLUM1INO PIXIVENN NAVE BEEN. MIMED BY ONE URINAL AND ONE VANITY ADDMONP 1 NEW WINDOW TOTIESOVIH AND REEW WINDOWS M THE WSSTM MOWROP PROPOSED NM FLOOR PLAN,SNT. 1. RITURBISHPO TBg BETEPIOR OPTHBETEIDM0050UTR, WM... NORTH BLRVASION2M SHOWN ON. ELEVATION SET. 1. RBSTRFDIOTRB PAATA•G 4S60 m nOVmtq REQUIRED B EINA. POR ACY3R4®LL PARSEC, ETC MINERAL OR RE ORATION AND RBASIESSOAeOESUCl A 4 PWONO. ReNACINO DAMA010 OR STAINED SUSPENDED CffiAN IDEA EXIT LIMITED AND ROAORETC. FIRE DEPARTMENT CORRECTION NOTES' 1 THIS PR03ECT TO BEN COMPTJANCE WITH NFPA 13, NA AND THE CPC 200T EDITIONS. THE PROJECT B1LALL AL90 COMPLY WITH ALL LOCAL CITY OP NATIONAL CRY MUNICIPAL CODES AND ORDINANCES. 2 ALL Ul0 8060000 FIRE SERVICE PLANS ARE TO BE SENT TO THE NATIONAL CLIP DEPARTMENT FOR APPROVAL. UNDERGROUND ME SERVICR. MANS AND ALL COMPONENTS SHALL CONFORM TO NARA 2A 2001. PELMETO COVERING THE FRE MAN. A 1 NCH CONDUIT SHALL BE INSTALLED PROM THE FIRE ALARM CONTROL PANEL TO THE BACK.FLOW DEVICE 0R PR' TO MONITOR WATER FLOW. ALL UNDERGROUND FIRE MAN SHALL BE INSPECTED PRIOR TO BACK -FELL 3 PERMIT FOR UNDERGROUND RNA I BE OBTAINED UNDER SEPARATE PERMIT FROM THE NATIONAL CRY FERE DEPARTMENT ADMINISTRATION OFFICES. ALL EMT SIGNS SHALL BE GREEN N COLOR (NATIONAL CITY MUNICIPAL CODE) AND SHALL BE INSTALLED AT ALL DOORWAYS LEADING DIRECTLY TO THE WISE. EAT SIGNS SHALL RAVE A SECONDARY POWER SOURCE AS TO PROV0E NOT LESS THAN 90 NEINUTES OF EMERGENCY POWER INTENDED FOR THOSE EXIT SIGNS, S DURING CONSTRUCTION, PROTBCTR ♦ C0RpLY WITH THE CFC 2007 QMAP= IJ "PDIETAFETY DDEENO CONSTRUCTION, ALTERATION OR DENIDLS TON OF ABUILDNG'. 6 APPROVAL FOR FINAL SION-OFF SHALL BE CONTINGENT UPON FINAL FIELD INSPECTION AND COMPLIANCE WITH ALL APPLICABLE CODES AND ORDINANCES. gNCFIIYEERING DEPARTMENT CORRECTION NOTES. I A Ike PERFORMANCE BOND IS REQUIRED FOR ALL STREET IMP ROVEMENis. 2 A SEPARATE PERMITS SMALL BE OBTAINED FROM THE ENONBERBJG DEPARTMENT FOR ANY PVELC P4ROVEMENTS REQUDtID HEREON. ALL WORK IN THE PUBLIC RIGHT -OP -WAY SHALL. REQUIRE THE APPROPRIATE CLASS "C LICENSE OR A CUSS "A" GENERAL ENC4INEE 2,9.1. ICE1,51 FIRE DEPARTMENT NOTES: TEDILocATIoNA.cussolCATICK0PRITINoolsEmsta TO eE APPROVED RV TUB POSISTPISPROSTA1 ' inAmmous Axon. coNBU2rl5Dopsrmallo;oa use LIOIRD 0NAMw NAMABLE IEE0R OAS, AMOR ANT MEaAT,au. LL DOIASBAWAPLY WERSISEDWOR NIE TEE Eul DNOIS NGT A19MVBDBTial0&FEa COe01a8®LE STORMS. MATImIALOl CRAMS WOO MEESSALYNO ml 1If 0B6T D1BWOBT, E9RPE4MAUI S0RAAQB,MI. PEEL PORTLRBB t1A811CA M601A!V 0.1.1214NRO4F 0085N:01D46.0LYWRR UE.CAP]IOAMLAND NPRA HUM.. 231,231,0„AltO D R MAMTR NANSIOR ALL ID® AP@MOBBE FIRS PBOTSCIION BAu-rateuIRKENT.AND. Au -rate ALARM SYSP&NS WALLW 1iBRC11'® TOTBH POLL MARS6AL L NRAPROVALPR10E TO EISTAwTION. S, SEAU.00 VLywwQeni09a 605134ARRIONOTICSONS B 0.1. T106 4 pOVeRrA3e6or SM9VTS iMou. W!MB WA1ER MEIER 1.6NI Post KCE5XLE PAT R TRAVEL 101EMACY ENFEJ2, (2E MAY SLIME E CW55 1CPE> MEET BIM EMCA.(n1,T L6tt PDX V. BELE55M.f,. PAW. (YE PC00%I7LITY NO1E5 E 40.RAMS 7R. ) 8' 9' CT, POSE no ream R2COATLTSBH 1K PWQAPtl GIDEFRCODF.SI • A Of 202/ MO GT 1)2LAImM 222t4 COX (MO 1, 'I5m2006 MCRYQRW. RRDMGCOR (00 NO BB 2701CMCO NA1tWMM5 D: m 2001 W Ca+ Cr mCRICENA Fc1BCY. COX (CEO worlsm 20053 NVUNR.AKIIL 002 (HBO NDm 20014RXANNOD1*05. C, 1112001909C21[P fit CALIVA8MCW9101.CaZ(CIO /6UW51k 2006 NON IgCMICIl COM (INS,NDAC 200/00021AM0L112/85, D, m2C0ItE C1IA' AC(APCMAHJEMCOX COO 100154L 1006 U(CRTARUAN2COM (VC) NOm 20%G17QPNMlWCR113, C. m 1001*4113417f2283001HA112CR2(0O /02H522 9XOLN1M rs CRB(VC) A17 m2001 CALMCBNNRWBB)RS. M. RC200521DRJQ 02C/11321A12124211,121LYS(MOM35. NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE ' 2009-10 CUP DATE: 05/0 )9 SHEET INDEX AtSRI PLAN. PROTECT INPOBMATTON, NOTES OCISNNG AND NEW T14011 PLANS 10,CIIIM LAYOUT AND EITIINO ARRAN0F HENS ACCESSOOJTY NOTES. AHD DUCRAMR ELEVATIONS, 1 3LECTED CEIL NO PLAN EEISTP4IOONDA1.10N FLAN, EIOSNNG ROOM MAKING_ 0ENuw.NOTERANDSPECF1CATIONE 1.I0.I11111,1,K0.2 MECHANICAL DRAWINGS 4HOTES P0.1 TNOU. PN.B FLUM1PGDAWP064 NOTES E0.1 TAR0:R0A ELECIRICALDERWIN. 4 NOTES GCLU'ANCYCLA55PIWI21 'M' ME Of L0195r0rreNS 05 I'E'ROZD A@ACE CO,,StW50INCF EY1511,4 NOW INTO AN IO.MICN1 TO EkKiN1' 1>18*0YA(9CO, APPROX.) I&h Oi PRO,0%9 AGMILN(60 X) KQ55H.E PANT a TEAYYI. TO P00107 EMFMKC, (2E MAK ACME 1 CEO%%GT) coy PANT 0CAW. SITE PLAN FIRE SPRQ'7KL1 SYSTEM' BE SIAM/121152 ANDAPPROV®BY THE M AE IBPAMN:AT Bi0TAI.LATt0N OPANEW AI3IOMATIC ern SPRINKLER SYSIMM. TSTALLATION SHALL BE PHR2006 02.2. STANMRDS AND TIW RBQVWAtE TTS OP THE (VT OP NATIONAL CRY. SryW' fl.A,91 ON 5M1VG CfAt, AAB SNL' OAT P051 ELECT INN 'PROJECT DATA YROSECT NAM NATIONAL CRY, cw,.P SW A95zs600.5P P.C., NO. Sib11110 LROUDESC ON LOT OP BLOCK , AS SHOWN EV MAP S ON PILEPBOOR !WOESOP MAPS, RECORDS OF SANDS COUNTY, CA. CHARLTON ADLER 105 BAST Ell ST OIe+T i]fsCmCA elef0 ARCHITECT NAUMAN A ASSOCIATES. ARCM TRCI6 o0D ST. SUITE. 106 S. DISCO CA. e2I01 (6101 21.018 (61e) lee•uw vM Row,. SOmMERCIAL VOS1110 MI; BMA RESTAURANT PROPORm USN BAR A REsthuRANT EMITS, EcoNDEDONAl ORE PERMRN tuWM1.E FLOOR AR. CLASSIFICATION FOR A O.-STORY TYPE VB BMW. TOTAL OCCUPANT TYPE OF CONS,. VB LOT MeA AP ETFTDOA NFLOOR PARKIN. REOUIRED. I SPACER I SO SP NET. 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L PROTCCT ALL PARMT10N0.1100a COVAINNA,.ALL COVERINGS, CS.. 01513 MOT.%MORS, A.56g®ffi, INARONMS AND RMS. SCRONIDIO RIDAAM ] LWOW ALL]OOIAMW.RLECIWCAS.N..21110 AND PO6t M.N.4MOSTROW058.210 YOESOLgre WM NOT TOY aB21WNIRACNRMVwDY.BINCTI A21PsTort®aRliifOM AND COC6RURR.11/1$ ABMS AU TOY WO 1IDIdNAN SMUCIION AND N gmyed PR9ALTY'DI vOR • wasps rD2000a. u ses oARTwn., Y'7, ''Cut'':' �R�CATIONARBTOYSAVSp ow sown., aytt3l ANDREPARANY MM. PARTRRIIa MHWlS 80AC'III] St.HsuD1yinwourpN.wat POR q®vuortiz 6. CV NIRAOIO0.AVPRRYOOt✓D SWANT � A� mYm Fa .ALL R� TrwYAYMYw9IIHNS000000 *HONOR 40CIICAMO)$2 f1R6@LACBMMO.ARY. YWIOIH2g5M00RCT11GTM11l •;.;.. v I. VPRVTRIATA11IDtm010120FR Pram. ANS MRS SAFETY e».roRY B AFULLY 000CA0.W AIO rocaa `as wall32. MUER NATIONAL AND LOCAL MOM REPAIR OR RSPCA. ANY .' BROM OR 2%.0®318,®v18 M aR®eEARY, ) . V1YUTT�CAPACr1}, aro e**4000fR OF 940** 81. /VT SALOC T$ OR ADO TOMO GWN9t5 , . 3. a305TOp BpC•141CLLOUT18Tg 15LtTAY DI GOOD COMMON Nan WAS.. 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TOM) PILIVD)81Tl0 vARA38w0ORm0aAWSRFGR ®DYe1Wv6q o2W9 MPI11 Cd.G SRC btHANp Ge.C. li121. _ •sale Des Asa /�/ A2 I KITCHEN EQUIP. KEY NOTES O S EON taLF ROIO CUMMND Tau O M0P-F000 TABLE O PREP -MOLE TABLE O FLAT 00LL C) Stutte OER O Mot OE S10H O N40 I© OWN Ka IJ ME SOPRESO0 SYSRY lO STARLESS 51¢A RAL1 PW FLOOR, IEw(EPMSC nE (F0J911005 GEIEWAPEt). 13A2 f0 OE MAC nE 01451 f0 It (IEKMMi5 WILL, GYP, E0. PANTED 00M W55 W. R' CEPAWL It/ WA4450OAf(P619110 fK 015MAMBD). OL!NG GYP. /W CELME: HOE, SENIQOY. YA5R 5518 NTOEN NO25, NA FEW AN4 EY15420 AEOWJKA. R.UY15I,G AV7 EIEC1MG& 5151EM05145, RAMS N 90 0TC3EN 10 COMPLY YAM 2005 INC. 20:76 LPL, Aµ' 2005 AEC. TrE EYI5111,4I W DE FJ0C4EN 10M OPLKE0 K1iNOA0P..1 IOW FEE frE HaEEMENLSCE tE C0N1Y 4EP1111 RPAETMENI, It 570405 WALD. FM5E510 COMPLY VAN, D£ 9tarAfI0N5 a 10 CCIMY IEICIN GEPAK2MEN0 a m S•N uua CaBm. ALTERNATE 41, CONSTRUCTION: RWRETARY 1' SOIJD OttSUM PANEL YSEM-Vt9FY APPROVAL BY LOCH JJR OCRON. BJ5PENOEO ACOUSTICAL sCRE FWNOD BRAKES. (2)1 2901Ek9fl420 L/56 1011M05 AMk,. ; I7:j GE 48' LP Cr 29„ 5ELl,E5, (1)� /k15BJG 00 5W, 4- ow*K1MENf51P, (2)/� RAN DW. B vent N0.GER5f00MABN ECNANR:ANO OS Gti95U5L1 BOARD/0- 1,05 '' 5/E• E 'X' GYPSUM M�TYP SCC4 STUD BA SABLE NE1AL SE EXHAUST DUCT. SEE NEp4KKA- DTAMNGS NGL-OCYBUSSBLE METAL 0 .,ALL STARLESS STEEL HOOD CLOSURE AND SEALANT. EXHAUST HOOD THROUGH -ROOF SCALE: I'4-0' IRAYT-511_.11vuu FEW5FK W, WM M. FCV PEEP, AEA ILL MT, PAK7TIGV EY150RY. POP. AIL 0' STORAGE CLG.10'-IC' NEWSLf SELVE5 KITCHEN aG Ira' WXA t 15005EC5. 9 7 KITCHEN AND STORAGE LAYOUT NOR, WBIXB NEW L550040Kl3ON CO, -Ants AD KITCHEN AM1RA ALL NEW FWLSIPa TO MATCH B%ISTBIO, \, EX15f NG CELNG 1 - - -—h—EXI51ING 5AIAMANOEk X15ISNG FLAT GALL II -r r 1 I II I II I 1 19 W 11000 U. LI51E0 ANEW 5fAN255> 5TEEL EN0 PAL. EX1511NG rEYER XI511NG 5101/E ELEVATION A HOOD A0AI.5PKAEA 14110E0 Cr 5585 5EA15.51 AEA OP 505517156 VA. 'CO 5Ef GCO55040512 NC0GV EGV 9iNVINGA0A• S4Yf OCMAV' L0M FOR 51A55,154 WA- 50 1091 CYOPANfW/D toe555 t-111 IMMOJo5It BOOTS FIYED0A102 I5.E AVI CPCLLAf0NNSA5.0 Al2A t. WANING A07 051 a'Lt0AN1 LOAD P/Cf0$ PLVWAIGNG A0A.15 (YDY TON. CCCU'AV1 LOAD fa AREA 5-10 000.055 LOAN ULOLA110N A0A SEA 2- let, 5- A3AA. AKA 5- A0A6- KtfOEN 51GWCE f01A1 GCAPMI1 LO8) 51 10 18 10 255 8e51 Tit DEFAKTMENTCriNIANCTION NOTES II 591E t 0Afl0RM-128 G1-,0Pkl1(O50 PKlCVE ICE 5fA2 B 50760-15 Ki TIN. GCOPMT LOAN FOR A0A 5.9 AREA SEPARATION FOR OCCUPANT LOAD CALCULATION ALI.CovIED MON RABB MALL ICATIID A 206 000 2 AR WALLS, COUNr5R.c CURDS AND 'TOM= WITH A cil RADNBCOVE THE BASE COVE 9BAL2 Be AN INTIORAL UNIT WITH T118 FL000. To08P ROOMD0OR8 MUST BB 500i10S000. AESDBIM OP SD POO'1+CAwi81MM LEASUP.80 30' OFF Mom IS PRovIDED W MOD PREPARATION AND PROCm5M0 OUR, WNERe U1550sD9 ARM CLEAN® AND P1 ALL 0.1SA3 DURMO OSNORAL CLUMP ACLM[6. CONIIUCIORIO PROVIDE 91AT10ASE&DT FOR ALL WORTS ANOVA FOOD PREPARATION, WORK AND STORAGE AREAS. HIDE BY SIDS SIMS MAIL BB SEPARATED NV A A DADKUM A• MON BMAIALEU. SISPL SPLASHGUARD. S OC TO MOMS AN AFFROVOD BACRFl0W PRBVBNEFA. IT SHALL BE PROPERLY MULLED U%BAMIWT TROFANY POLALSA 0.115514R&1111YMPABIP TER SUFFIX AND A BOOR®Or OONTAMWATON. PROVIDBRD TYPO TBSIABL. BAR PLOW FRevSNMN DEVICE WSI S'IB.ANTABWLO01000 MILS MUST BB PROVIDED WTTE A FILL/AUCBI WALLA MUM ALL COMPARIBENTS. S, 110311000 WILL BZCON�U�I0 AD0STALLODroALLLnsr90FICAIION8. OvHstRANORDQUIRADAFFIX F. AN INT9B000RB004WII0T muss FROVIDMD ern...en BOOR =IAOST AND MAKE UP AE Mir.. TOANTED ROOF CURB PER CODE, 91AF1 DUCT RCM 000 TO A NOV Or SA• ABOVE IRE R00f. _ • J' YN TIES, SEE 12' NAIL MECHANICAL DRAMNCS FORS s NAY r A0A6 900 N0.0 fNEP %Aft.28 OCClPm'1:0AD FKrO0 PLR HYS-1/ HL ON. CCOPI5110N1 FMA 6.50 YLP ERA TO PE CAULK IH ACCOUSTICK SEALANT, All Jd*1S TO BE TAPED ANTI TREADED, T LATER CP 5/e' O7PSBN BOARD WATER-RESSII,Nl • ` FASTEN 'C 5NCPPE - t0 D5 AND RUNNERS trEsitc) SCREWS "UI 9O.0 NI.N P v—'0-N' STUD Al IV' 0.C. a X. lAtEll OF58'TYPE 'X" W GY BOARD - F0.S TEN TO STUDS AND PUNNETS M1N I. NYE Y s01EK AT TB' O,O. (Y,L DES. / uAee), AR 9+ACC 1' UN. 10 12' MAX. 1.S. IN, FIRE NEAP INSTALL — BY CONTRACTOR. 1-HR RATED DUCT ENCLOSURE — SCALE: 18BVIBIONB C 1st f. 47/ Utt Z MOM A3 ENEMA YHIWEDRF . B .(Y. NOWT' ntw row LIX00 4PC1< 5R. N0.5 MA4WI VOX I/ A2 61/AS EMTRTPA110AIA WJ04D0LIW. • O' 6" (ROMP.. EY Nj4C LIPE45 AMA 9.EEIDE004.00 •99"TROMP. II II II II ET5150 57IX/CE NIA HN'D1ABINO . E040'ROM rT p C0IMN: 5rO142 /KA HY44A m3,6 T00E OR/CT BY 51TEILEO OLCO(M101 TOMY. COLFUG or ORGY. AWN . 9,100MP I. .4E 9'42 ,PRO IM 51@f6L200LNJG. .9'9" ROMPP. EXISTING AND PROPOSED REFLECTED CEILING PLAN 1/8"•1'0' 510.12 PUCE STRUTS WININ 2' (4Ax) MOON THE FOUR SPUTED AIRES (TO CROSS RUNNER) FOR STRUTS UP TO YIN LENGTH, MINIMUM 25 GAUGE METAL SNO WTI T/B' FLANGES M Y BE USED. FOR STRUTS UP TO r. A MI14U4 25 GAUGE METAL. SND NTTN 1 5/e' FUNGES AND 1/2. UPS MAY BE USED. Z 2. SUSPENDED CEILINGS SHALL COMPLY WTi UBC TABLE 25-A AND 1.-0. 5/4" RWEXA9110' W/ 0(UWLLS e120C, 2(.52'04. f1E PY810PRZ54E TRAM 2x4 R.. EYISTING COY. YM. ST0 WNA NV W.245d • 2" 02 RAISED PLATFM. FRAMING DETAIL OWNING. PLOP SOT e16"0L, d RW0350 Ern 0 EXIT 4.›..44- 6EW KO(NTC'4 1LE CELP0-\ I60A ANN. "0", MOO 48" 02. RETRO(TOP RAIE510ROGF VM4N P/Rf1115J W H 15 PEAS OLM TO 151 DECTIA. R Ar1/011OP NE5 TO RX2 BEMENN J515. WMN TAMEN 15 MALLEL TO i51 MOON 2-2x10' RATE5 2A4 51105.16 04. 5RD 1473A4 di'G 5/8" fM1E"x"ow. W.W/ dd x Il/O" 041/ 4" 14A0 CATER 1,14.5. T" 04, 00111WE5 Cr PARTITION. 2( PTP 5LL RAT ' Mar M0H81P0YFB w.1/ 52' p 9421P6s I PER ICC CW4T99 BOSOM CONC. 9-N6.-\ 4 SUSPENDED CLG. DETAIL Sao® rare o-_ OIA'/R d MOTrr fNFFAFA M1M[NE 111111111/1111.111111111111111111111 - I11 WEST ELEVATION SOUTH ELEVATION E. 8th. St. 0 0 OO9 O 0 0 (JOTS: 000 DETAIL NA6 FOR R00F.TOP EQUMMENT GREENING ENCLOSUR4 DETAIL AND NOTES. 'A' Ave. E. 0 NORTH ELEVATION vtr-ra' z A. VERTICAL HANGER TARE 0 4' -TV EA, WAY WITH MIN. D TIGHT TURNS IN 1 1 /2. BOTH ENDS OF MIRE. (TYR.) 12 GA BRACING WRE •- WTH MIN. 4 TIGHT 1RNES IN 1 I/2• BOTH ENDS OF MRE (TYR) MAIN RUNNER. CROSS TEE CETUNG TILE COMPRESSON STRUTS: as GA. STEEL SHOES) AT 6'-0. 0.C. MIN. A1TCH 10 MIN A N R(s) WIH 1/4. MACHINE BOLTS AND TO STRUCTURE 'NM 5/16. dA BORER - DRIVEN SILOS. COMPRESSION STRUT SHALL NOT REPLACE HANGER *ARE. /4 APE SPLAYED 0 B0' HORIZONTALLY IRON EACH OTHER A: 45. FROM PLANE N CEILING 012'-0. 0.C. IN BOTH DREG/SONS WTNN 2' OF 00800 COMPRE¢dJ POSTS. ,SUSPENDED CEILING DETAIL EXTERIOR FINISHES KEYNOTES: ® EXT.CCA'EW RANEE, LA WORAPIIY Ricer x95 cBA5`. IW) • Cx7,2NQ4RA5RR. LAN/CRAS0d/59Rkle0(Dae 200) 05 PNN!TESING EV(a TO MM015RCCO MAR ® EI151E4: TWA a0. PAW COMAT0150Y0000.020 ® N0HFR0NIWIWOAS, I/4'; LIEN7101, TAW'0. 45. MAf4RMX 514. FPH04 .. ® 510EFRLHf DGGR, l/ 4" for M4r. I W'0.0.5. 2 Mg -MAX 51EEL FRMWY, ® E45114 AYNICCIIRN. FINS, UAW "MON%UN" SE2 Calif SNARE 5. ® (Nair `Kara( BT0BER5) ® ICTOMN% 5424,a (BY OHM REVISIONS 01' 0 Dow Dmn A4 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California MEETING DATE: Oct 6, 2009 AGENDA ITEM NO. 27 (ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $779,464.59 to the City of National City for the period of 08/26/09 through 09/01/09 PREPARED BY: Jeanette Ladrid • DEPARTMENT Finance Finance Directo 1', (619) 336-4331 EXPLANATION: Effective July 1, 2008, the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all ex- penditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests ap- proval of the reimbursement of CDC activity. Environmental Review Financial Statement N/A •/, Approve the reimbursement of funds to the City of National City in the amount of $779,464.59 STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A TACHMENTS (Listed Below) Warrants for the period the period of 08/26/09 through 09/01/09 • • COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER # 9 9/1/2009 PAYEE DESCRIPTION CHK NO DATE AMOUNT BRG CONSULTING, INC DOWNTOWN SPECIFIC PLAN 228830 9/1/09 1,416.24 COUNTY CLERK COUNTY OF S D CASA QUINTA APT ACQUISITION 228831 9/1/09 50.00 COUNTY OF SAN DIEGO ED VILLAGE, C&M MEATS, MARINA GATEWAY 228832 9/1/09 1,975.40 DESROCHERS RETIREMENT BENEFIT - SEPT 2009 228833 9/1/09 110.00 ENVIRONMENTAL HAZARDS SERVICES HUD HEALTHY HOMES DEM GRANT 228834 9/1/09 162.00 ENVIRONMENTAL HEALTH COALITION OUTREACH SVCS - JUNE 2009 228835 9/1/09 14,562.95 GEOSYNTEC CONSULTANTS EDUCATION VILLAGE 228836 9/1/09 10,589.15 HdL COREN & CONE AUDIT SVCS PROPERTY TAX 228837 9/1/09 1,531.91 HdL COREN & CONE CONTRACT SVCS PROPERTY TAX 228838 9/1/09 1,200.00 PRO BUILD MISC TOOLS 228839 9/1/09 237.59 PRUDENTIAL OVERALL SUPPLY UNIFORMS 228840 9/1/09 13.34 RICK ENGINEERING CO BAY MARINA DR WIDENING & GATEWAY 228841 9/1/09 22,903.05 SD COUNTY TREASURER PROPERTY TAX - 45-419 W 18TH ST 228842 9/1/09 9.34 STAPLES ADVANTAGE OFFICE SUPPLIES - NS 228843 9/1/09 13.37 ULTIMATE STAFFING SERVICES TEMP EMP - NEIGHBORHOOD SVCS 228844 9/1/09 237.90 VERONICA TAM & ASSOCIATES COUNTY OF SAN DIEGO FHRB 228845 9/1/09 131.25 TY OF CHULA VISTA JUNE 2009 SERVICES 228860 9/1/09 9,702.00 iY OF CHULA VISTA MARCH 2009 SERVICES 228861 9/1/09 8,515.00 G.A. DOMINGUEZ JULY 2009 SERVICES 228878 9/1/09 6,265.80 SECTION 8 SECTION 8 HAPS PAYMENTS Start Date End Date 8/12/2009 8/18/2009 A/P Total $ 79,626.29 699, 838.30 GRAND TOTAL $ 779,464.59 INCORPORATE COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 9 9/1/2009 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 699, 838.30 181.25 79,445.04 779,464.59 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California MEETING DATE: Oct 6, 2009 AGENDA ITEM NO. 28 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $98,898.75 to the City of National City for the period of 09/02/09 through 09/08/09 PREPARED BY: Jeanette Ladri Finance Direc EXPLANATION: DEPARTMENT Finance (619) 336-4331 Effective July 1, 2008, the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all ex- penditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests ap- proval of the reimbursement of CDC activity. Environmental Review N/A Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $98,898.75 STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A J TTACHMENTS (Listed Below) I, Warrants for the period the period of 09/02/09 through 09/08/09 N Mcorti3ORArED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #10 9/8/2009 PAYEE CALIFORNIA REDEVELOPMENT ASSO EDCO DISPOSAL CORPORATION PRUDENTIAL OVERALL SUPPLY SAN DIEGO CLIPPING SERVICE SAN DIEGO DAILY TRANSCRIPT SAN DIEGO TROLLEY INC THE STAR NEWS WELLS FARGO BANK CITY OF CHULA VISTA CITY OF CHULA VISTA GE CAPITAL KONICA MINOLTA DANKA IMAGING SDG&E SWEETWATER AUTHORITY THE LINCOLN NATIONAL LIFE INS. �.CTION 8 SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 18 8/11/2009 DESCRIPTION MARINA GATEWAY PLAZA HOTEL WASTE DISPOSAL - AUG 2009 UNIFORMS CLIPPING SERVICE - AUG 2009 ADVERTISING SPEC 09-4 FLAGGING SERVICES 08/19/09 ADVERTISING SPEC 09-4 CREDIT CARD EXP JUNE 2009 SERVICES JUNE 2009 SERVICES EQUIPMENT RENTAL EQUIPMENT RENTAL UTILITIES - 921 A AVE WATER UTILITIES - 1615 E 4TH ST LIFE & AD&D STD LTD SEP 2009 Start Date 9/2/2009 End Date 8/24/2009 End Date 9/8/2009 Check Date 9/2/2009 CHK NO DATE AMOUNT 228954 9/8/09 195.00 228955 9/8/09 104.75 228956 9/8/09 13.34 228957 9/8/09 76.60 228958 9/8/09 208.74 228959 9/8/09 36.40 228960 9/8/09 275.05 228961 9/8/09 121.63 228984 9/8/09 131.00 228986 9/8/09 131.00 229006 9/8/09 210.43 229025 9/8/09 447.36 229050 9/8/09 336.21 229056 9/8/09 3,258.63 229059 9/8/09 0.89 A/P Total $ 5,547.03 6,503.80 86,847.92 GRAND TOTAL $ 98,898.75 COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 10 9/8/2009 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 27,766.33 1,078.29 68,054.14 1,999.99 98,898.75 ITEM #29 10/6/09 San Diego's Point Loma Treatment Plant secondary Treatment waiver Re -Application (Public Works) Staff Report: San Diego's Point Loma Treatment Plant secondary treatment waiver re- application For the past 15 years, the City of San Diego has received "waivers" to the requirement to upgrade the Point Loma Sewage Treatment Plant to secondary treatment. San Diego's current waiver expired in June of 2008. San Diego applied for an extension of the waiver and received unanimous approval from the U. S. Environmental Protection Agency and the San Diego Regional Water Quality Control Board. However, the California Coastal Commission at their last meeting on August 13, 2009 voted to deny their support of the waiver for San Diego. If this waiver is not reissued San Diego will be required to upgrade the plant to secondary treatment. The upgrade to secondary treatment has been estimated to cost 1.5 billion dollars with the participating agencies portion to be as high as 330 million dollars. The impact could range between an 18% to 28% increase in sewer rates over the construction period estimated to end in 2017. This estimate does not including financing costs. We have estimated the fiscal impact to National City would be an additional 4 million dollar increase in our sewer rates by the end of construction in 2017, but we would need to start planning for this increase by FY 2012 to implement the rate increase over a five year period. National City's sewer rates are currently 5.8 million dollars a year The majority of the sewage generated by the participating agencies including National City is transported to the City of San Diego's Point Loma treatment plant for treatment and disposal. The wastewater is treated to the level of advanced primary before it is discharged through a pipeline 4.5 miles offshore in over 320 feet of water. In the past the City of San Diego has received "waivers" to the requirement to upgrade the Point Loma plant to secondary treatment, in part due to the absence of any scientific data showing any environmental harm caused as a result of the plant's current operations. It is generally agreed that the advanced primary treated wastewater discharged from the Point Loma plant is not impacting the ocean or marine life. Noted scientists, including some from Scripps Oceanography Institution, have stated this and additional sampling and research over the last several years continues to show the same results. A new five-year waiver will allow adequate time to explore alternative sewer treatment technology, research and select the appropriate treatment option for the future as well as exploring financing options that will be fiscally prudent, thus reducing the impact to the ratepayer. The City of National City has joined with the other participating agencies in drafting a letter of support for San Diego encouraging the California Coastal Commission, at their next meeting on October 7, 2009 to make the finding that San Diego's modified waiver complies with the California Coastal Management Program and that it will be conducted in a manner consistent with the program. (A copy of the letter of support is attached) � September 24,2009 California Coastal Commission Chairperson Neely 45Fremont Street, Suite 2O00 Sail Francisco, C&g4|O5'32|0 CALIFORNIA 5��, A!0�V ,� Attention: K1arkDeluolainm SUBJECT: Coastal Commission Meeting, Thursday, August l3,2O09 Item |\b.Federal Consistency CC'043-09(City ofSan Diego) ConsistencyCcdif ioatiuubyCity ofSail Diego for n000nJmy treatment waiver (Le., Environmental Protection Agency (EPA) Rcissuancs uudor moot{oo30| (h) of the clean Water Act, of a modified National Pollutant Discharge Elimination System (NI)DES) Permit l"or point Loma Wastewater Treatment Discharges offishore of tile Sail Diego, Sail Diego Couo1y.(MPD-8F) Dear Commissioners: Tile City of National City Would like to express its Support oftile rcissuunocofthe 301 (b) nxx]Ulcd NPDCS permit for the City "[ Sail Dic�o'n E.YV. Morn Point LonnuVVu�enotorTrcu1nsootPbt m Tile Point Loma VVoy<ovmtnr Truohncui P|oo\ is u major component of tile Metropolitan Scvmrugc System, which iyoperated h9tile City ufSail Diego, with the participation of fifteen other municipalities and agencies. Nearly one third oftile total flow (otile system originates Rom\honcpurboipntingogono(cs. As u participating o�ency, tile City of' National City and its residents have u vested interested ill any decisions that affect the operation of the Metro system. As u participating member o[the Mc1no/yA the City ofNational City has been actively involve(] in the secondary waiver atthe Point Lo/noTruuimon1 P|uoL We feel that the combination of chemically assisted primary treatment, deep ocean oudb|| (loom1ud 320 feet deep and 4.5 o`i|cx from the shoreline) and the Citv 4 Sail Dicoo's exemplary record of compliance with the State Ocean Plan during tile last |5years have ponvoo to be protective of the public hcukb and environment in the |oou| area. As well, comprehensive ocean monitoring over the poni 15 years, along with soioudDc analysis, has not rcvou|cd any huroofu| irupucio to thc oouuo`s environment. The City of National City supports iho U. S. Envi»onmmuio| Protection Agency's approval decision, as well as the Sun Diego Regional VVnicr L}uuhLy Control Board's ununinmouodeoioimn toapprove the modified permit, because this decision continues to protect tile environment while being fiscally prudent with public resources. Therefore, the City of National City urgoo the California Coastal Commission to make the finding that Sun Diego's modified waiver complies with the Cu|i[oroixCoustu\ Management Pvo&rurn and that it will be conducted in umanner consistent with the program. Sine, - h, D*o onomi Mayor cc. City Council City Manager Puke Works Dircctor Mayor Ron Morrison 1Z43National City Boulevard, National City, [Aq19S0'4]01 ITEM #30 10/6/09 Closed Session Report (City Attorney)