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HomeMy WebLinkAbout2009 12-15 CC CDC AGENDA PKTAgenda Of A Regular Meeting - National City City Council 1 Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — December 15, 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 govemment 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.nationalcitvca.gov CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 12/15/2009 - Page 2 PRESENTATIONS 1. Employee of the Month of December, 2009 — Jessica Cissel, Recreation Supervisor (Community Services) 2. Red Light Camera Enforcement Presentation (City Manager) 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, as staff member, or a member of the public. 3. Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of November 3, 2009. (City Clerk) 4. 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) 5. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of a blue curb handicap parking space with sign on R Avenue, adjacent to the residence at 1808 E. 8th Street. (TSC Item No. 2009-21) (Development Services/Engineering Division) 6. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of red curb "no parking" at the intersection of D Avenue and E. 27th Street to improve sight distance (TSC Item No. 2009-23). (Development Services/Engineering Division) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 12/15/2009 - Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Grant of Easement Agreement with the United States Department of the Navy to provide the City an easement on Naval Base San Diego property for the construction, operation and maintenance of the future Bayshore Bikeway. (Development Services/Engineering Division) 8. Resolution of the City Council of the City of National City to tax defer member paid contributions under the Public Employees' Retirement System (CaIPERS). (Human Resources) 9. Resolution of the City Council of the City of National City to approve an amendment to the contract between the Board of Administration California Public Employees' Retirement System and the City Council of the City of National City to provide for a 3% @ 55 Full Formula Benefit for local Police members entering membership for the first time in the Police classification. (Human Resources) **Companion Item #15** 10. Resolution of the City Council of the City of National City authorizing the Mayor to execute a governmental affairs consulting agreement with Bustamante & Associates for a term of six months and a monthly fee of $6,000. (City Attorney) 11. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the San Diego Unified Port District for police, fire, and emergency medical services. (City Manager) 12. WARRANT REGISTER #20 Warrant Register #20 for the period of 11/11/09 through 11/17/09 in the amount of $1,826,618.15. (Finance) 13. WARRANT REGISTER#21 Warrant Register #21 for the period of 11/18/09 through 11/24/09 in the amount of $695,106.41. (Finance) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 12/15/2009 - Page 4 PUBLIC HEARING 14. Continued Public Hearing for, and appeal of Thrifty Oil Company from Planning Commission Resolution No. 23-2009, pertaining to a Proposed Planned Development, Tentative Subdivision Map, and Negative Declaration for a 72- unit condominium complex located at the southeast corner of East Plaza Boulevard and Palm Avenue. (Applicant: Palm Plaza Associates, LLC) (Case File 2008-46 S, PD, IS) (Development Services/Planning Division) ORDINANCE FOR INTRODUCTION 15. Introduction of an Ordinance of the City of National City to approve an Amendment to the contract between the Board of Administration California Public Employees' Retirement System, and the City Council of the City of National City to provide for a 3% @ 55 Full Formula Benefit for local Police members entering membership for the first time in the Police classification. (Human Resources) **Companion Item #9** NEW BUSINESS 16. Report on the State Required Model Water Efficient Landscape Ordinance, AB 1881. (Development Services/Planning Division) 17. Request to use the Martin Luther King, Jr. Community Center by Christmas in July for their annual food basket distribution day on Saturday, December 19, 2009. (Community Services) 18. Temporary Use Permit — Valencia Stone & Tile Sale's Inflatable Blue Gorilla at 1124 Coolidge Ave. from December 16, 2009 to January 31, 2010 with no waiver of fees. (Neighborhood Services Division) 19. Temporary Use Permit — Cornerstone Church banners advertising services and special events at 1920 Sweetwater Road from December 16, 2009 to December 19, 2010, with no waiver of fees. (Neighborhood Services Division) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 12/15/2009 - Page 5 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 20. Authorize the reimbursement of Community Development Commission expenditures in the amount of $134,790.66 to the City of National City for the period of 11/11/09 through 11/17/09. (Finance) 21. Authorize the reimbursement of Community Development Commission expenditures in the amount of $144,113.05 to the City of National City for the period of 11/18/09 through 11/24/09. (Finance) 22. Resolution of the Community Development Commission of the City of National City (CDC) ratifying and authorizing the Executive Director to execute a .loan agreement for a loan in the amount of $32,694 with the Center for Creative Land Recycling to obtain funding to conduct a site assessment and characterization of hazardous materials on the property located at 2300 Cleveland Avenue. (Redevelopment) 23. Resolution of the Community Development Commission of the City of National City (CDC) authorizing the Chairman to execute a one-year Agreement in the amount of $7,500 per month between the CDC and Husk Partners, Inc. to provide governmental affairs, political strategies, economic development, public and media relations, planning and marketing, and legislative advocacy consulting services. (City Attorney) STAFF REPORTS 24. Low -rider Holiday Partnership. (Police) 25. CDBG and Consolidated Plan Update. (Housing & Grants) 26. Closed Session Report. (City Attorney) NEW BUSINESS (Cont.) MAYOR AND CITY COUNCIL ADJOURNMENT CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 12/15/2009 - Page 6 Regular City Council and Community Development Commission Meeting - Tuesday — January 5, 2010 - 6:00 p.m. - Council Chambers - National City, California MEMORANDUM December I, 2009 TO Chris Zapata, Cit anager FROM Stacey Stevens man Resources Director SUBJECT EMPLOYEE OF THE MONTH PROGRAM ITEM #1 12/15/09 The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in December 2009 is Jessica Cissel, Recreation Supervisor By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, December 15, 2009 to be recognized for her achievement and service. Attachment cc: Jessica Cissel Brenda Hodges, Community Services Director Dionisia Trejo — Mayor/Council Office Josie Flores -Clark — Confidential Assistance Human Resources — Office File SS:Igr Performance Recognition Program (2) Human Resources Department 140 E. 12th Street, Suite A, National City, CA 91950-3312 619/336-4300 Fax 619/336-4303 www.nationalcityca.gov City of National City Performance Recognition Award Nomination Form I nominate for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc). Do not to exceed 150 total words. Please be as specific as possible when giving your examples. FORWARD COMPLETED NOMINATION TO: Nominated by: Signature: National City Performance Recognition Program Human Resources Department 440 4Sit.t.(ts es � '"'� Q � •' � Date: .10. p �,t City of National City Performance Recognition Award December 2009 Nomination Form I would like to nominate Jessica Cissel, Recreation Supervisor for the `Performance Recognition Award'. Jessica has been with the City for a little over a year. She is a dedicated employee who is always willing to go the extra mile to ensure the success of City programs and events. She performed exceptional work for the recent Bayfront Concert, Public Safety Fair and Tower of Terror events, handling all of the graphics for the promotional pieces, flyers and posters. On a daily basis she is responsible for: ❖ Managing the Recreation programs and supervising the staff at all centers ❖ Managing the Contract Classes and recruiting new instructors ❖ Supervising Summer Day Camps ❖ Supervising the After School Programs ❖ Developing the Teen Center program ❖ Managing the CSD wehsite ❖ Assisting with grant research ❖ Functioning as the City's liaison with Calif. Park & Recreation Society (CPRS) Jessica is a team player and very dedicated to her work with the City. She clearly exhibits the City's core values on a daily basis. Being new to the Community Services Department, I have really appreciated her dedication and 'can do' attitude. Therefore, it is my honor and pleasure to nominate Jessica Cissel, for the City's 'Employee of the Month'. Brenda E. Hodges Community Services Director ITEM #2 12/15/09 RED LIGHT CAMERA ENFORCEMENT PRESENTATION (CITY MANAGER) ITEM #3 12/15/09 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING OF NOVEMBER 3, 2009. (CITY CLERK) City of National City F" Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalia, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Della, City Clerk Subject: Ordinance Introduction and Adoption ITEM#4 12/15/09 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 IEETING DATE December 15, 2009 AGENDA ITEM NO. 5 ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of a blue curb handicap parking space with sign on R Avenue, adjacent to the residence at 1808 E. 8th Street (TSC Item No. 2009-21) PREPARED BY DEPARTMENT EXT. 4382 Stephen Manganiello , 4'1 Development Services/Engineering EXPLANATION Please see attached. J Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDAT 0 Adopt the Resolution. BOARD / COMMIS ' 0 OM At their meeting on November 11, 2009 the Traffic Safety Committee approved the staff recommendation to install a blue curb handicap parking space with sign on R Avenue, adjacent to the residence at 1808 E. 8th Street. ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Staff Report to the Traffic Safety Committee (November 11, 2009) A-200 (Rev. 7/03) Explanation Ms. Mabel Espinosa, resident of 1808 E. 8th Street, has requested the installation of a blue curb handicap parking space adjacent to her home. The residence is located on the southeast corner of E. 8th Street and R Avenue. Ms. Espinosa has a valid Disabled Person Placard from the State of California Department of Motor Vehicles. Staff visited the site and observed that there is no parking available on the property. Given the higher speeds on E. 8th Street, R Avenue adjacent to the residence would be a more appropriate location for a handicap parking space. Currently, there are no blue curb handicap parking spaces provided on the street. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that maybe converted into disabled parking. This condition is met. All work will be completed by the City Public Works Department. TSC 2009-21 RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE ON R AVENUE, ADJACENT TO THE RESIDENCE AT 1808 EAST 8TH STREET WHEREAS, Ms. Mabel Espinosa, resident of 1808 East 8th Street, has requested a blue curb handicap parking space adjacent to her home; and WHEREAS, after inspection of the site, it was determined that the request met the requirements of the City Council policy for "Special Hardship" cases and is eligible for a blue curb handicap parking space; and WHEREAS, at its meeting on November 11, 2009, the Traffic Safety Committee approved the installation of a blue curb handicap parking space on R Avenue, adjacent to the residence at 1808 East 8th Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to approve the installation of a blue curb handicap parking space on R Avenue, adjacent to the residence at 1808 East 8th Street. PASSED and ADOPTED this 15th day of December, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR NOVEMBER 11, 2009 ITEM NO. 2009-21 ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE AT 1808 E. 8th STREET (BY M. ESPINOSA) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Ms. Mabel Espinosa, resident of 1808 E. 8th Street, has requested the installation of a blue curb handicap parking space adjacent to her home. The residence is located on the southeast corner of E. 8th Street and R Avenue. Ms. Espinosa has a valid Disabled Person Placard from the State of California Department of Motor Vehicles. Staff visited the site and observed that there is no parking available on the property. Given the higher speeds on E. 8th Street, R Avenue adjacent to the residence would be a more appropriate location for a handicap parking space. Currently, there are no blue curb handicap parking spaces provided on the street. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that maybe converted into disabled parking. This condition is met. STAFF RECOMMENDATION: Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installation of a blue curb handicap parking space with sign on R Avenue, adjacent to the residence at 1808 E. 8th Street. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 4. Disabled Persons Parking Policy Zoos-21 1 October 1, 2009 City of National City Attn: Traffic Safety Committee 1243 National City Blvd National City, CA 91950 Re: Establishment of Handicapped Parking To Whom It May Concern: By means of this letter I would like to request the establishment of curbside handicapped parking for the address of 1808 E 8th Street (south east comer of 8th St and R Ive). The residence does not have a driveway or garage and the only parking available to me is street parking. I currently have assigned to me CA DMV Handicapped Placard Number 013090H (copy enclosed) due to my physical limitations incurred by my medical conditions of Renal Failure, Cardiac Arrhythmia, Diabetes (limitations walking), Dialysis Patient. Currently street parking in our area is on first come status due to the numerous apartment complexes in the area and retail shopping strip mall. On occasions my family has had to park or drop me off up to a block away due to that the street is overwhelmed with parked vehicles. The establishment of a handicapped parking spot just outside my side residence door will greatly assists me in not having to stress my body more than it needs to just be able to get in or out of a vehicle. I hope that you can assist and eventually approve the establishment of a handicapped parking spot for my residence. Should you require any further information or have any questions, please feel free to contact me at your convenience. Sincerely, Mabel Esinosa 1808 E 8` Street National City, CA 91950 (619) 434-9009 '&-6-4° Er-27 t TYPE: N1 TV:92 DOB: 12/01/1948 ISSUED TO ESPINOSA MABEL 12O. C+tr1LA CA 9191-S- DEPARTMENT OF MOTOR VEHICLES DISABLED PERSON PLACARD IDENTIFICATION CARD/RECEIPT PLACARD NUMBER: 013090H EXPIRES: 06/30/2011 DATE ISSUED: 03/28/2009 This identification card or facsimile copy is to be carried by the placard owner. Present it to any peace officer upon demand. Immediately notify DMV by mail of any change of address. When parking, hang the placard from the rear view mirror. remove it from the mirror when driving. When your placard is properly displayed, you may park in or on: CO: 37 Disabled person parking spaces (blue zones) ' Metered zones without paying. " Green zones without restrictions to time limits. ' Streets where preferential parking privileges are given residents and merchants. You may not park in or on: ' Red. Yetiow, White or Tow Away Zones. ' Crosshatch marked spaces next to disabled person parking spaces_ Purchase of fuel (Business & Professions Code 13660): ' State law requires service stations to refuel a disabled person's vehicle at self-service rates, except self-service facilities with only one cashier. tc It is considered misuse to: ' Display a placard unless the disabled owner is being transported. " Display a placard which has been cancelled or revoked. ' Loan your placard to anyone, including family members. Misuse is a misdemeanor (section 4461VC) and can result in cancellation or revocation of the placard, loss of parking privileges, and/or fines. OIL A Public S s vice Agency DISABLED PERSON (DP) PARKING PLACARD Enclosed are your 2011 DP Placard and Placard Identification Card (ID). which have been renewed and processed by DMV. If a 2011 placard has already been received, the placard owner is no longer at this address, or the placard owner is deceased, the placard must be returned to your - local DMV office or mailed to: Department of Motor Vehicles P.O. Box 942869 M/S C254 Sacramento. CA 94269-0001 Please use this placard responsibly. Protect ;our parking privileges and help eliminate placard abuse by never allowing your placard to be used by others (even family members or friends) when you are not being transported in the vehicle. To avoid misuse, please destroy your previously issued placard. WARNING: Placard misuse is a misdemeanor, which can result in cancellation, revocation and loss of parking privileges, and subject to fines up to $3,500 and/or imprisonment up to 6 months in the county jail. (See explanation of misuse on the enclosed DP ID Card). AEG 6001 (REV. 12/2008) 3 Location Map 1808 E. 8th Street (looking south) 1808 E. 8t° Street (looking southeast) 5 DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seqat the following facilities: Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. Hospitals and convalescent homes with more than 75-bed capacity. Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. Community service facilities such as senior citizens service centers, etc. 5. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. 6_ Employment offices for major enterprises employing more than 200 persons Public recreational facilities including municipal swimming pools, recreation halls, museums, etc. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. Other places of assembly such as schools and churches 10. Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block. 11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. 6 12_ A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units_ In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements_ General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces wilt be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a full-time parking prohibition_ When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program_ Special Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right jof-way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided all of the following conditions exists. (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans." (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. 7 (3) Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE:It must be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls. Jha: p 8 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE December 15, 2009 AGENDA ITEM NO. 6 ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of red curb "no parking" at the intersection of D Avenue and E. 27th Street to improve sight distance (TSC Item No. 2009-23) PREPARED BY DEPARTMENT EXT. 4382 Stephen Manganiello ,/i' Development Services/Engineering EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No STAFF RECOMMEND ., ION Adopt the Resoluf BOARD / CO TI 1 • ' RECMEDATION o� At their meeting on November 11, 2009 the Traffic Safety Committee approved the staff recommendation to install red curb "no parking" at the intersection of D Avenue and E. 27th Street to improve sight distance. l ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Staff Report to the Traffic Safety Committee (November 11, 2009) A-200 (Rev. 7/03) Explanation Mr. Miguel Lopez, resident of 336 E. 27th Street, has requested red curb "no parking" at the intersection of D Avenue and E. 27th Street to improve sight distance for vehicles stopped on eastbound E. 27th Street. Mr. Lopez stated that given the speeds of vehicles traveling on D Avenue and the steep vertical curve, it is difficult to exit E. 27`h Street when vehicles are parked near the corners of the intersection. Staff surveyed the site and reviewed the traffic collision history. No reported traffic collisions susceptible to correction by improving sight distance have occurred at this location in recent years. Sight distance is impaired due to parked vehicles and a vertical curve obstructing drivers' line of sight to the north. The speed limit on D Avenue is 35 mph. Parking on the east side of D Avenue is underutilized. Staff recommends the following: 1) Install 50 feet of red curb "no parking" on D Avenue at E. 27th Street to improve sight distance for eastbound traffic looking north. 2) Install 10 feet of red curb "no parking" on D Avenue at E. 27th Street to improve sight distance for eastbound traffic looking south. All work will be completed by the City Public Works Department. TSC 2009-23 RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE INSTALLATION OF RED CURB "NO PARKING" AT THE INTERSECTION OF D AVENUE AND EAST 27TH STREET TO IMPROVE SIGHT DISTANCE WHEREAS, Mr. Miguel Lopez, resident of 336 East 27th Street, has requested red curb "no parking" at the intersection of D Avenue and East 27th Street to improve sight distance for vehicles stopped on eastbound East 27th Street; and WHEREAS, after inspection of the site, staff recommends the installation of 50 feet of red curb "no parking" on D Avenue at East 27th Street to improve sight distance for eastbound traffic looking north, and installation of 10 feet of red curb " no parking" on D Avenue at 27th Street to improve sight distance for eastbound traffic looking south; and WHEREAS, at its meeting on November 11, 2009, the Traffic Safety Committee approved staffs recommendations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to approve the installation of 50 feet of red curb "no parking" on D Avenue at East 27th Street to improve sight distance for eastbound traffic looking north, and installation of 10 feet of red curb " no parking" on D Avenue at 27th Street to improve sight distance for eastbound traffic looking south. PASSED and ADOPTED this 15th day of December, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalia, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR NOVEMBER 11, 2009 ITEM NO. 2009-23 ITEM TITLE: REQUEST FOR RED CURB "NO PARKING" TO IMPROVE SIGHT DISTANCE AT THE INTERSECTION OF D AVENUE AND E. 27T" STREET {BY M. LOPEZ) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mr. Miguel Lopez, resident of 336 E. 27'h Street, has requested red curb "no parking" at the intersection of D Avenue and E. 27th Street to improve sight distance for vehicles stopped on eastbound E. 27'h Street. Mr. Lopez stated that given the speeds of vehicles traveling on D Avenue and the steep vertical curve, it is difficult to exit E. 27th Street when vehicles are parked near the corners of the intersection. Staff surveyed the site and reviewed the traffic collision history. No reported traffic collisions susceptible to correction by improving sight distance have occurred at this location in recent years. Sight distance is impaired due to parked vehicles and a vertical curve obstructing drivers' line of sight to the north. The speed limit on D Avenue is 35 mph. Parking on the east side of D Avenue is underutilized. STAFF RECOMMENDATION: Staff recommends the following: 1) Install 50 feet of red curb "no parking" on D Avenue at E. 27th Street to improve sight distance for eastbound traffic looking north. 2) Install 10 feet of red curb "no parking" on D Avenue at E. 27th Street to improve sight distance for eastbound traffic looking south. EXHIBITS: 1- Correspondence 2. Location Map 3. Photos 2009-23 33t; 6 27J1,1 CA P h L n) 9 G01- 0 7 93 t FStkv\.covld bE p 1.r,-I-6-d 0.6d 4 5 n Ir%6-e•ratt/5 cc 4fV,6_ J -✓ w ,4 Ct4 rs0-e kc d • D AV 1 Location Map Eastbound E. 27th Street at D Avenue (looking north) Eastbound E. 27"' Street at D Avenue (looking south) City of National City, California COUNCIL AGENDA STATEMENT EETING DATE December 15, 2009 AGENDA ITEM NO. 7 / ITEM TITLE A Resolution of the City Council of the City of National City authorizing the Mayor to execute a Grant of Easement Agreement with the United States Department of the Navy to provide the City an easement on Naval Base San Diego property for the construction, operation and maintenance of the future Bayshore Bikeway PREPARED BY Stephen Manganiello 1744 EXPLANATION See attached. DEPARTMENT EXT. 4382 Development Services / Engineering Environmental Review X N/A MIS Approval Financial Statement No financial requirements at this time Approved By: Finance Director Account No STAFF RECOMME TION Adopt the Re BOARD/COM I N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Figures and Exhibits 3. Agreement A-200 (Rev. 7(03) Explanation The San Diego Association of Governments (SANDAG), Caltrans, Cities of National City, San Diego and Chula Vista, San Diego Unified Port District, and Naval Base San Diego have formed a partnership to oversee the design and construction of the Bayshore Bikeway. The Bayshore Bikeway will be a paved Class I facility for non -motorized use. Once completed, the Bayshore Bikeway will form a 24-mile ring around the San Diego Bay as illustrated in the attached figures. Since segments of the bikeway are planned for construction on Naval Base San Diego property, an easement is required to allow for construction and maintenance. The easement is illustrated in the exhibits for portions of Harbor Drive, Civic Center Drive and Tidelands Avenue in National City. Upon completion of the project, the City will be responsible for maintenance of the bikeway for the approximately 2.3 mile segment within National City. Local jurisdictions are responsible for maintenance of bicycle facilities within their jurisdictions. Maintenance may be provided through the City's Street Resurfacing Program and/or City Public Works. Staff recommendation is to authorize the Grant of Easement Agreement between with the United States Department of the Navy and the City of National City. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A GRANT OF EASEMENT AGREEMENT WITH THE UNITED STATE DEPARTMENT OF THE NAVY TO PROVIDE THE CITY AN EASEMENT ON NAVAL BASE SAN DIEGO PROPERTY FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF THE FUTURE BAYSHORE BIKEWAY WHEREAS, THE San Diego Association of Governments (SANDAG), Caltrans, the cities of National City, San Diego, and Chula Vista, the San Diego Unified Port District, and Naval Base San Diego have formed a partnership to,oversee the design and construction of the Bayshore Bikeway, which will form a 24-mile ring around the San Diego Bay for non -motorized use; and WHEREAS, since segments of the bikeway are planned for construction on Naval Base San Diego property, an easement for portions of Harbor Drive, Civic Center Drive, and Tidelands Avenue in National City is required to allow for construction and maintenance; and WHEREAS, the City of National City will be responsible for maintenance of the bikeway for the approximately 2.3 mile segment within National City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Easement Agreement with the United States Department of the Navy for portions of Harbor Drive, Civic Center Drive, and Tidelands Avenue in National City for the construction and maintenance of the Bayshore Bikeway. A copy of said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of December, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Overview / Background Bays hore Bikeway • 24 mile total length • Planned Class 1 Current Project Segments: • 4 and 5 • 7 and 8A Segments 4 & 5: Location/Jurisdiction City Jurisdictions: • San Diego = 0.5 miles • National City = 2.3 miles EXHIBIT "B" BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS PLAT IS A EASTERLY PROPERTY LINE OF UNITED STATES NAVAL BASE, SAN DIEGO (N.B.S.D.) AS SHOWN ON SHEET 10 AND 11 OF 17 SHEETS OF R.O.S 20257 RECORDED 08/01/2008 IE: N 5012'08" W -00'28'41.85" NJ 03 VE CORONADO BRIDGE THE CALIFORNIA COORDINATE SYSTEM OF 1983 ZONE 6, EPOCH 1991.35 ADJUSTMENT GRID BEARING BETWEEN FIRST ORDER STATION NO.24 AND FIRST ORDER STATION NO.40 PER RECORD OF SURVEY NO. 15487 COMBINED SCALE FACTOR AT STATION NO. 999 OF RECORD OF SURVEY 20257 IS 1.00002343 DISTANCES SHOWN HEREON ARE GRID DISTANCES, GRID DISTANCE = GROUND DISTANCE X COMBINED SCALE FACTOR. QUOTED BEARINGS FROM REFERENCE MAPS\DEEDS MAY OR MAY NOT BE IN TERMS OF SAID SYSTEM. E HARBOR DRV 1411.00011 LAM SU/,N 6731 PALMER WAY, SUITE G L.S. 4011 CARLSBAD, CALIFORNIA 92010 (700) 430-1720 FAX (700) 430-3991 SITE SAN DIEGO BAY VACINITY MAP hi NO SCALE REVIEWED & ACCEPTED C.M AVESCADASTRAL DATE b -30 -SOY THIS PLAT WAS PREPARED BY ME OR ER MY IIRECT SUPERVISION DOUGLAS li. 'MELO?1IOR P.L.S. 4611 MY UCENSE EXPIRES SEPT.30,2010 DRAWN BY: RGC DATE 06/08/09 CHECKED BY: DRM DATE 06/16/09 REVISED BY: RGC DATE 06/19/09 BAYSHORE BIKEWAY EASEMENT SCALE 1' = 100' APPROVED BY: DATE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) DOC. NO. SHT 1 OF 10 SHTS JN 3061-BASE.DWG DATE 06/19/2009 3 EXHIBIT "_B" CHOLLA CREEK CHANNEL SHEET 3 0 0 0 II SHEET 4 AREA PARCEL A 101,593.80 SQ.FT. 2.332 ACRES MORE OR LESS AREA PARCEL B 36,324.79 SQ.FT. 0.834 ACRES MORE OR LESS LEGEND = INDICATES BAYSHORE BIKEWAY EASEMENT 32ND ST KEY MAP B.N. S.F. (A.T.& S.F. RAILWAY) SHEET 7 UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D.) T.P.O.B. = TRUE POINT OF BEGINING P.O.T. = POINT OF TERMINATION (R) = RADIAL BEARING R = PROPERTY LINE = CENTER LINE 1000 GRAPHIC SCALE 0 1000 SCALE 1" = 1000 FEET 2000 PARCEL A UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D.) M.T.S. S.D.&A.E. RAILWAY) SHEET 8 PARCEL B SHEET 9 SHEET 10 PARCEL 8 . �pS K._ PARCEL A DRAM BY: RGC DATE 0 G/08/09 CHECKED BY: DRM DATE 06/16/09 REVISED BY: RGC BAYSHORE BIKEWAY EASEMENT SCALE 1" = 100' DOC. NO. DATE 06/19/09 APPROVED BY: JN 3061—BASE.DWG nATF ns/lQ/9nn4 DATE SAN DIEGO ASSOCIATION OF GOVERNMENTS 4 (SANDAL) SHT 2 OF 10 SHTS N 0 a1.974" N 82'44'44" E(R) N 82'45'02" E(R)_, 0=30'51'02" R=5559.65' L=2993.56' S 63'34'43" W 29.96 N 77'26'34" E(R) A=0310'29" R=5559.65' L=308.06' UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D) N 80'37'03" E(R) T.P.O.B PAR B 10.00' V EXHIBIT S P" r 1.0 95130 N�� P N 7214'18" E - 146.54' IES I I IVN BY: RGC DATE 06/08/09 i,nu;KED BY: DRM DATE 06/16/09 REVISED BY: RGC »B» PAR A -1 7.00' BIKEWAY EASEMENT 1010.00' -• D CA Cn (.4 CO Co � al 1� I T' n ,, , 1 a 1 4 f0.00' N01 PAP'il UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D) N 79'18'04" E(I__R) I 2025/ �lK 243 P.O.T. PAR A 81111 STREET POINT "A" UNITED STATES NAVAL BASE SAN DIEGO-- - ,�5�� (N.B.S.0) 1� N 72'14'18" E 10.29' 1® S 04'11'36" E 108.93' 19 S 81'07'21" E 6.38' • S 11'00'15" E 97.97' • A=03'40'34" R=5572.65' L=357.54' ® A=03'40'16" R=5553.65' L=355.84' N 04'11'36" W 117.22' GRAPHIC SCALE 0 100 200 SCALE 1" = 100 FEET BAYSHORE BIKEWAY EASEMENT SCALE 1" = 100' DOC. NO. APPROVED BY: JN 3061-8.DWG fLTr !1R Ho Ionnn DATE 06/19/09 DATE SAN DIEGO ASSOCIATION OF GOVERNMENTS 5 (SANDAG) SHT 8 OF 10 SHTS EXHIBIT "B" 1 BOOK 2650 PAGE 116 REC. 5-26-1948 UNITED STATES NAVAL BASE �_ 1 SAN DIEGO (N.B.S.D.) S 66'44'33" W(R)� ``f-) L=25.03'23" R=243.00' L=106.27' ORAMI BY: RGC CHECKED BY: DRM REVISED BY: RGC APPROVED BY: JN 3061-9.DWG DATE 06/08/09 DATE 06/16/09 DATE 06/19/09 DATE 107i 20257 S 88'55'28" MA_ ©1 A=03.40'34" R=5572.65' L=357.54' A=03-40'16" R=5553.65' L=355.84' A=04'32'56" R=5665.65' L=449.81' 3 A=0516'20" R=5679.65' L=522.63' UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D.) BAYSHORE BIKEWAY EASEMENT SAN DIEGO ASSOCIATION OF GOVERNMENTS 6 (SANDAG) SCALE 1" = IOC DOC. NO. SHT 9 OF 10 SHTS n AT!' n0 An /n rSnn UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D.) F103 PARCEL "F" BOOK 2650 PAGE 116 REC 5/26/1948 PAR B BIKEWAY EASEMENT 14.00' S 83'39'08R) 31 (r-ts S.D.U.P.D. LANDS EXIIIBIT "B" 17'49'30" W�R) N 79'24'25" WR GRAPHIC SCALE 100 0 100 IN 1MN SCALE 1" = 100 FEET 200 A=04'32'56" R=5665.65' L=449.81' 2 i A=05'16'20" R=5679.65' L=522.62' ® S 0620'52" W 93.70' © S 72'10'30" W 66.54' A=61'34'55" R=67.00' L=72.01' ® S 83'55'59" W 17.74' N 72'10'30" E 108.23' 31 N 06'20'52" E 73.68' AWN BY: .nECKED BY: REVISED BY: APPROVED BY: RGC DRM RGC DATE 06/08/09 DATE 06/16/09 DATE 06/19/09 DATE BAYSHORE BIKEWAY EASEMENT SCALE 1" = 100' SAN DIEGO ASSOCIATION OF GOVERNMENTS 7 (SANDAG) DOC. NO. SHT 10 OF 10 SHTS JN 3061-10.DWG 11ATC nA Nn lnnnn Naval Base San Diego, UIC: N00245 Contract Number: N6247309RP00068 EXEMPT FROM RECORDING FEE (Govemment Code § 6103) EXEMPT FROM DOCUMENTARY TRANSFER TAX (Rev.& Taxation Code § San 11922) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: United States of America Commanding Officer Naval Facilities Engineering Command Southwest Attn: Real Estate 1220 Pacific Highway San Diego, CA 92132-5190 GRANT OF EASEMENT THIS GRANT OF EASEMENT, made thisl5thday of December , 2009, (hereinafter called the "Agreement"), is made by the UNITED STATES OF AMERICA (hereinafter called "GRANTOR"), acting by and through the Department of the Navy, to the City of National City, State of California (hereinafter called "GRANTEE"). WITNESSETH WHEREAS, GRANTOR owns that certain real property identified as Naval Base San Diego, located in the County of San Diego, State of California (hereinafter referred to as the "Station"); and WHEREAS, GRANTEE has requested an easement on the Station for the construction, operation, use, maintenance, repair, and replacement of a bikeway on that portion of the Station hereinafter described; and WHEREAS, the Secretary of the Navy has determined that the granting of such easement on the terms and conditions hereinafter stated will not be incompatible with the public interest: NOW THEREFORE, in consideration of GRANTEE's performance of terms and conditions set forth herein, GRANTOR hereby grants to the GRANTEE and its successors and assigns, for a period of twenty-five (25) years from the date hereof, an Easement solely for the construction, operation, use, maintenance, and repair of a bikeway. Such Easement being over, along and across the Station together with the right of ingress and egress thereto over the established road of the GRANTOR (hereinafter called the "Premises"), as more particularly described on the Exhibit "A", and shown on the Exhibit "B", attached hereto and made a part hereof. The property subject to the foregoing Easement is approximately 101,593.80 square feet, more or Tess. 8 Naval Base San Diego, UIC: N00245 Contract Number: N6247309RP00068 THIS GRANT OF EASEMENT is made by the GRANTOR, and GRANTEE, by its acceptance hereof, specifically agrees to and consents to be bound by the following terms and conditions: 1. The GRANTEE agrees to reimburse the GRANTOR, upon demand, for any expenditure which the GRANTOR may be required to make to comply with any law, ordinance, rule or regulation for the protection of the environment as a result of the GRANTEE's exercise of any of its rights under this Agreement. Any California Environmental Quality Act or National Environmental Policy Act documentation prepared by the GRANTEE in connection with the exercise of the GRANTEE's rights under this Agreement, shall be prepared to also comply with the GRANTOR's requirements and shall be submitted for the review and approval of the Commanding Officer, Naval Facilities Engineering Command Southwest, or his/her designated representative. Any and all permits and clearances procured by the GRANTEE in discharge of its obligations under this paragraph shall also be forwarded to the Commanding Officer, Naval Facilities Engineering Command Southwest. 2. The GRANTEE shall maintain the Premises in good condition and appearance at all times and shall promptly make all repairs thereto that may be necessary for the preservation of the condition and appearance of the Premises and to prevent interference with the GRANTOR's operation and maintenance of the Station. Any damages to the Premises, including but not limited to natural resources shall be repaired by the GRANTEE at its cost and expense to its original, or substantially similar condition. Any required access to the Station shall be coordinated with the Station prior to entry at the earliest opportunity. 3. The GRANTEE agrees to provide at no cost to the GRANTOR for the disposal of trash and garbage for the Premises. 4. The GRANTEE agrees to be responsible for coordinating with other owners of utility lines within the Station which may be affected by the construction, operation, maintenance, repair and replacement of the bikeway. 5. The GRANTEE agrees to maintain, at no cost to the GRANTOR, signs with the following restrictions: a. No Overnight Parking b. Off -Road Vehicles Prohibited c. Radio Transmitting Prohibited d. No Camping e. Bicycles Only f. No Motorized Bicycles, Cycles or Vehicles 6. The GRANTEE's rights hereunder shall be subject to such reasonable rules and regulations as may be prescribed by GRANTOR to assure that the exercise of such rights will not interfere with GRANTOR's activities. 92 Naval Base San Diego, UIC: N00245 Contract Number: N6247309RP00068 7. The Station's Environmental Department shall be notified prior to GRANTEE entering the Premises as well as upon the completion of all work and upon any request for Station access. 8. All work in connection with the construction, operation, maintenance, repair, and replacement of the bikeway shall be done without cost or expense to the GRANTOR, and in accordance with plans previously approved by the Commander, Navy Region Southwest (CNRSW), and Commanding Officer, Naval Facilities Engineering Command Southwest. All activities shall be conducted in accordance with all applicable state and Federal statutes and regulations, which include the National Environmental Policy Act of 1969 (42 U.S.C. §4321 et seq.), and the Federal Endangered Species Act of 1973 (16 U.S.C. §1531 et seq.). The GRANTEE agrees to act in accordance with and be bound by the environmental requirements stated in Exhibit "C", attached hereto and made a part hereof. The GRANTEE shall notify the Command Duty Officer, Naval Base San Diego (NBSD), at (619) 556-1310, of any anticipated maintenance and repair work prior to the start of that work. 9. GRANTEE shall comply with all applicable environmental laws, ordinances, rules, and regulations and all other Federal, State and local laws, ordinances, regulations, and standards that are or may become applicable to GRANTEE's activities on the Premises, in addition Environmental Requirements, Exhibit "D". a. The GRANTEE shall provide notification, by electronic mail or telephone, prior to any activity that has the potential to affect wildlife and/or vegetation within the easement, access roads, or the Station by function of any work done by the GRANTEE. Following such notification, Preactivity Survey Forms required by the Natural Community Conservation Plan (NCCP) shall be faxed or submitted electronically to the Station's Environmental Department prior to contact with the California Department of Fish and Game (CDFG) and the United States Fish and Wildlife Service (USFWS). Preactivity Survey Forms shall be reviewed and compiled by the Station's Environmental Department within 15 working days. If concurrence is granted, notification shall be provided in writing. If modifications are required, notification shall be provided by telephone, with follow-up in the most appropriate form as determined by the Station's Environmental Department. b. To protect against storm water contamination, the GRANTEE shall follow CNRSW established storm water best management practices as provided in the CNRSW Letter dated 27 April 2006, serial # N45/JPBF/0152 (attached hereto as Exhibit "E") for future work on the bikeway. c. The GRANTEE shall comply with San Diego Air Pollution Control District (APCD) rules. Dust shall be kept below APCD Rule 50 limits. The GRANTEE shall also comply with APCD Rule 51 regarding nuisance. Particulate matter will be kept under APCD Rule 52 limits. Products will meet County of San Diego volatile organic compound (VOC) limits. Containers used to store, transfer, apply or otherwise employ materials containing VOCs shall be closed when not in use per APCD Rule 67.17(d) (1). 3 10 Naval Base San Diego, UIC: N00245 Contract Number: N6247309RP00068 d. Mitigation measures identified in the Natural Community Conservation Plan, for actions that cannot be completed without impacting natural resources, shall be provided for review by the Station's Environmental Department at least 30 calendar days prior to implementation. e. As it pertains to the Premises, all NCCP required notifications and/or coordination with the USFWS and the CDFG shall include the Station's Environmental Department. f. All emergency repairs (Le., broken/leaking pipes, downed lines/poles, slumps, slides, surface fault ruptures, erosion, major subsidence, or other natural disasters) that may affect the Station's natural resources, specifically federally regulated resources, shall be coordinated with the Station's Environmental Department at the earliest opportunity. g. In the event that cultural resources are discovered during maintenance or repairs Activities, the GRANTEE agrees to immediately halt all work, at, and within a reasonable distance from the discovery area, and to immediately inform the Station's Environmental Department by telephone and electronically, with follow-up in the most appropriate form as determined by the Station's Environmental Department. h. Any obligations of GRANTEE contained in Paragraphs 9(a), 9(b), 9(c) or 9(d) shall be personal to the GRANTOR, shall not be covenants running with the land and shall be in effect only so long as the GRANTOR continues to own the fee interest in the Premises. If the GRANTOR sells, conveys, or transfers all or any portion of the fee interest in the Premises to any third party, then the obligations of GRANTEE contained in Paragraphs 9(a), 9(b), 9(c) or 9(e) shall terminate immediately with respect to the portion of the Premises sold, conveyed or transferred. 10. GRANTEE will prepare a Health and Safety Plan specific to the Premises, detailing procedures necessary to maintain safety in accordance with applicable federal, state, and local laws and regulations. When intrusive work is planned, potential hazard assessments and munitions clearance coordinated through the Station will be conducted prior to intrusion or disturbance of the Premises. If such unexploded or suspected ordnance is encountered, GRANTEE will cease operations immediately and contact the Station Explosive Ordnance Disposal personnel. All construction and ground -disturbing activities will be ceased until the potential safety hazard is removed. 11. Upon the expiration or sooner termination of this Agreement the GRANTEE, at its sole cost and expense, shall remove or properly abandon in place, to the extent requested and approved by the GRANTOR, improvements installed or constructed hereunder, and shall restore the Premises to the same or as good a condition as that which existed prior to the exercise by the GRANTEE of its rights hereunder. Such restoration shall be done in a manner satisfactory to the Commanding Officer, Naval Facilities Engineering Command, Southwest, or his/her designated representative. An Environmental Condition of Property (ECP) assessment has been conducted and the report is attached as Exhibit "C". The ECP will be given great weight when determining the condition of the property and whether the terms of the Agreement have been breached. 114 Naval Base San Diego, UIC: N00245 Contract Number: N6247309RP00068 12. If, at any future time, the GRANTOR determines that the bikeway or any portion thereof, unduly interferes with any of its activities, GRANTOR shall have the right to terminate this Agreement, in whole or in part, to the extent necessary to eliminate such interference; PROVIDED that, the GRANTOR conveys to the GRANTEE, without charge, a substitute easement for relocation of the bikeway or a portion thereof, on adjacent Government property, at the GRANTEE's cost and expense unless the GRANTOR shall have determined that relocation is not feasible. The substitute grant of easement shall contain the same terms and conditions as those of this Agreement, and shall bear the same expiration date. 13. GRANTEE shall, to the extent permitted by law, indemnify, defend and hold GRANTOR harmless and shall pay all costs, expenses, and reasonable attorney's fees for all trial and appellate levels and post judgment proceedings in connection with any fines, suits, actions, damages, liability and causes of action of every nature whatsoever arising from or growing out, or in any manner connected with, the occupation or use of the Premises or by the Station by GRANTEE, its employees, servants, agents, guests, invitees, and contractors under the Federal, state or local law, including, any claims for fines, penalties or other costs or expenditures, asserted under any environmental protection law, or any law for the protection or preservation of coastal, historical cultural or other resources. However, this indemnity shall not extend to damages due to the negligence of the GRANTOR or its employees, agents, servants, guests, invitees of contractors. This indemnification also applies to claims arising out of the furnishing of any utilities or services by the GRANTOR or any interruption therein or failure thereof, occasioned by the negligence or lack of diligence of GRANTEE or its respective officers, agents servants, or employees. This covenant shall survive the termination of this Agreement. 14. In the conduct of its work in connection with construction, operation, maintenance, repair and replacement of the bikeway, the GRANTEE shall cause no breach in Station security or Station operations and GRANTEE agrees to reimburse the Station for the cost of any additional security forces required by reason of the bikeway work. It is agreed that the GRANTEE shall have the right to verify by audit any billing that may be received by the Station in connection with reimbursement for security forces. 15. No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of the Easement or to any benefit that may arise there from; but this provision shall not be construed to extend to this Agreement if made with a corporation for its general benefit. 16. All or any part of this Agreement, and the Easement granted hereunder, may be terminated by GRANTOR upon failure by the GRANTEE to comply with any of the terms and conditions of this Agreement, upon abandonment of the rights granted herein; or upon non-use of such rights for a period of two (2) consecutive years. Only with respect to Section 9 hereof, GRANTEE shall have 10 calendar days after written notice of noncompliance to cure its failure to comply with the terms and conditions contained within the paragraphs of Section 9 of this easement grant. If it is not possible to cure the failure to comply within 10 calendar days, the commencement of efforts to cure within 10 calendar days shall be deemed to cure the failure to comply provided the efforts to cure are diligently pursued to completion. 5 12 Naval Base San Diego, UIC: N00245 Contract Number: N6247309RP00068 17. The GRANTEE agrees that the Easement may revert to the GRANTOR under, but not limited to, the following conditions: National emergency declared by the President or the Congress, Military necessity, or for any reasons deemed necessary by the Commanding Officer, Naval Base San Diego; non -conforming use of the Easement, unsatisfactory compliance with the safety, sanitary and maintenance provisions of the Easement and/or the Agreement herein. In the event of such termination, GRANTOR will provide GRANTEE as much notice as practicable. 18. The GRANTOR may use the Premises for any purpose that does not unreasonably interfere with the use or enjoyment by the GRANTEE of the rights granted by this Agreement. 19. The GRANTEE agrees to use National City personnel to patrol the Easement area to insure the proper utilization of the Easement area. 136 Naval Base San Diego, UIC: N00245 Contract Number: N6247309RP00068 IN WITNESS WHEREOF, the GRANTOR, acting by its Real Estate Contracting Officer thereunto duly authorized, has caused this GRANT OF EASEMENT to be executed the day and year within first above. Dated: UNITED STATES OF AMERICA, By KAREN P. RINGEL Real Estate Contracting Officer Naval Facilities Engineering Command Southwest 7 14 Naval Base San Diego, UIC: N00245 Contract Number: N6247309RP00068 This is to certify that the interest in real property conveyed by this instrument to the City of National City, is hereby accepted by the undersigned officer in behalf of the City of National City, pursuant to authority conferred by Resolution , adopted by the Council of the City of National City, on , and the grantee consents to recordation thereof by its duly authorized officer. CITY OF NATIONAL CITY Dated: By: 158 EXHIBIT "A" BAYSHORE BIKEWAY EASEMENT ALL THOSE PORTIONS OF THE UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D.) AS SHOWN PER RECORD OF SURVEY NUMBER 20257 PREPARED FOR THE UNITED STATES NAVY, IN THE CITY OF SAN DIEGO AND CITY OF NATIONAL CITY, RECORDED AUGUST 1, 2008 AS FILE NUMBER 2008-0412499, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL "A" A STRIP OF LAND 17.00 FEET IN WIDTH, LYING WESTERLY AND PARALLEL TO THE FOLLOWING DESCRIBED LINE. BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID UNITED STATES NAVAL BASE SAN DIEGO, HEREINAFTER REFERRED TO AS N.B.S.D., AS SHOWN PER SAID RECORD OF SURVEY NUMBER 20257, SAID CORNER BEING ON THE EAS 1'ERLY RIGHT-OF-WAY OF HARBOR DRIVE (X1-SD-2) AS SHOWN PER SAID RECORD OF SURVEY, SAID CORNER BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG THE EASTERLY BOUNDARY LINE OF SAID N.B.S.D., ALONG SAID EASTERLY RIGHT-OF-WAY OF SAID HARBOR DRIVE, SOUTH 50° 11'59" EAST 650.85 FEET TO A ANGLE POINT CORNER OF SAID EASTERLY BOUNDARY LINE OF SAID N.B.S.D., THENCE CONTINUING SOUTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY OF SAID HARBOR DRIVE, SOUTH 50°11'59" EAST 129.11 FEET TO A ANGLE POINT CORNER OF SAID EASTERLY ROT NnARY T THE OF SAID N.R. S.D • THENCE CONTIN TrNG SOUTHE 4 STEA T V W - ALONG SAID EASTERLY BOUNDARY LINE OF SAID N.B.S.D., ALONG SAID EASTERLY RIGHT-OF-WAY OF HARBOR DRIVE, SOUTH 50° 11'59" EAST 222.82 FEET; THENCE CONTINUING SOUTHEASTERLY ALONG SAID EASTERLY BOUNDARY LINE OF SAID N.B.S.D., ALONG SAID EASTERLY RIGHT-OF-WAY OF SAID HARBOR DRIVE, SOUTH 50°12'08" EAST 99.82 FEET TO A ANGLE POINT CORNER OF SAID EASTERLY BOUNDARY LINE OF SAID N.B.S.D.; THENCE CONTINUING SOUTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY OF SAID HARBOR DRIVE, SOUTH 50° 12'08" EAST 77.60 FEET TO A ANGLE POINT CORNER OF SAID EASTERLY BOUNDARY LINE OF SAID N.B.S.D.; THENCE CONTINUING SOUTHEASTERLY ALONG SAID EASTERLY BOUNDARY LINE OF SAID N.B.S.D., ALONG SAID EASTERLY RIGHT-OF-WAY OF SAID HARBOR DRIVE, SOUTH 50° 12'08" EAST 1643.01 FEET TO A ANGLE POINT CORNER OF SAID EASTERLY BOUNDARY LINE OF SAID N.B.S.D.; THENCE CONTINUING SOUTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY OF SAID HARBOR DRIVE, SOUTH 50° 12'08" EAST 64.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SHEET 1 OF 3 16 EXHIBIT ("A) WESTERLY HAVING A RADIUS OF 5679.65 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY OF SAID HARBOR DRIVE, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4°59'04" A DISTANCE OF 494.11 FEET TO A ANGLE POINT CORNER OF SAID EASTERLY BOUNDARY LINE OF SAID N.B.S.D., A RADIAL LINE THROUGII SAID CORNER BEARS NORTH 44°46'56" EAST; THENCE CONTINUING SOUTHEASTERLY ALONG SAID EASTERLY BOUNDARY LINE OF SAID N.B.S.D., ALONG SAID EASTERLY RIGIIT-OF-WAY OF SAID HARBOR DRIVE, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34°31'08" A DISTANCE OF 3421.81 FEET TO A ANGLE POINT CORNER OF SAID EASTERLY BOUNDARY LINE OF SAID N.B.S.D., SAID CORNER BEING THE POINT OF TERMINATION OF PARCEL A, SAID CORNER HEREINAFTER REFERRED TO AS POINT "A". THE SIDE LINES OF HEREIN DESCRIBED 17.00 FOOT WIDE EASEMENT SHALL BE PROLONGATED OR SHOR 1 E_NED AT ALL SAID N.B.S.D. BOUNDARY LINES TO CREATE A FULL 17.00 FOOT WIDE EASEMENT WIDTH WITHIN SAID UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D.). EXCEPTING THEREFROM.ALL AREA'S INDICATED AS "NOT A PART" PER SAID RECORD OF SURVEY NUMBER 20257 AND AS SHOWN PER ATTACHED HERETO AND MADE PART HEREOF THIS LEGAL DESCRIPTION AS A PLAT LABELED EXHIBIT `B". PARCEL "B" BEGINNING AT AFORESAID POINT "A"; THENCE NORTHWESTERLY ALONG A BOUNDARY LINE OF SAID N.B.S.D., NORTH 37°14'00" WEST 210.60 FEET TO A CORNER OF SAID N.B.S.D.; THENCE CONTINUING ALONG A BOUNDARY LINE OF SAID N.B.S.D., SOUTH 63°34'43" WEST 29.96 FEET TO A CORNER OF SAID N.B.S.D., SAID CORNER BEING ON A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 5559.65 FEET, SAID CORNER BEING ON THE WESTERLY RIGHT-OF-WAY OF HARBOR DRIVE; A RADIAL, L.iNE THROUGH SAID CORNER REARS NORTH 77°26'34" EAST; THENCE SOUTHEASTERLY ALONG SAID N.B.S.D. BOUNDARY LINE, ALONG SAID WESTERLY RIGHT-OF-WAY OF SAID HARBOR DRIVE, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3°10'29" A DISTANCE OF 308.06 FEET TO A CORNER OF SAID N.B.S.D., SAID CORNER BEING THE TRUE POINT OF BEGINNING FOR PARCEL "B"; THENCE EASTERLY ALONG A BOUNDARY LINE OF SAID N.B.S.D., NORTH 72°14'18" EAST 10.29 FEET; THENCE LEAVING SAID N.B.S.D. BOUNDARY LINE SOUTHEASTERLY, SOUTH 4°11'36" EAST 108.93 FEET; THENCE SOUTH 81 °07'21" EAST 6.38 FEET; THENCE SOUTH 11 °00' 15" EAST 97.97 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 5572.65 FEET, A RADIAL LINE BEARS NORTH 82°44'44" EAST; THENCE CONTINUING SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3°40'34" A DISTANCE OF 357.54 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1247.00 FEET, A RADIAL LINE BEARS SOUTH 86°25' 18" WEST; THENCE CONTINUING SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21'41'16" A DISTANCE OF 472.02 FEET TO A POINT ON SAID N.B.S.D. BOUNDARY, SAID POINT BEING ON A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 5679.65 FEET. A 17 SHEET 2 OF 3 RADIAL LINE THROUGH SAID POINT BEARS SOUTH 88°55'28" EAST; THENCE SOUTHERLY ALONG SAID N.B.S.D. BOUNDARY LINE, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°16'20" A DISTANCE OF 522.63 FEET; THENCE TANGENT TO SAID CURVE, SOUTHERLY ALONG SAID N.B.S.D. BOUNDARY LINE, SOUTH 6°20'52" WEST 93.70 FEET; THENCE LEAVING SAID N.B.S.D. BOUNDARY LINE, SOUTHWESTERLY, SOUTH 72° 10'30" WEST 66.54 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 67.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 61 °34'55" A DISTANCE OF 72.01 FEET; THENCE TANGENT TO SAID CURVE SOUTH 10°35'35" WEST 309.67 FEET TO A POINT ON SAID N.B.S.D. BOUNDARY LINE; THENCE SOUTHWESTERLY ALONG SAID N.B.S.D. BOUNDARY LINE, SOUTH 83 °55'59" WEST 17.74 FEET; THENCE LEAVING SAID N.B.S.D. BOUNDARY LINE, NORTH 10°35'35" EAST 372.78 FEET; THENCE NORTH 72° 10'30" EAST 108.23 FEET; TIIENCE NORTH 6°20'52" EAST 73.68 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 5665.65 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4°32'56" A DISTANCE OF 449.81 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 243.00 FEET, A RADIAL LINE BEARS SOUTH 88°12'04" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25°03'23" A DISTANCE OF 106.27 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1266.00 FEET, A RADIAL LINE BEARS SOUTH 66°44'33" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°40'45" A DISTANCE OF 434.83 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY HAVING A RADIUS OF 5553.65 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3°40'16" A DISTANCE OF 355.84 FEET; THENCE NON -TANGENT TO SAID CURVE NORTH 9°51'44" WEST 89.97 FEET; THENCE NORTH 4°11'36" WEST 117.22 FEET TO THE TRUE POINT OF BEGINNING FOR PARCEL "B". PARCEL "A" AREA: 101,593.80 SQ. FT. 2.332 ACRES MORE OR LESS PARCEL AREA: 3/ 31 97 FT rru��,nL "B" �o,�L4.7 r SQ. 0.834 ACRES MORE OR LESS ATTACHED HERETO AND MADE PART HEREOF TIIIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT "B". THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION , IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. L DOUGLAS R. MELIOR, P.L.S. 4611 LICENSE EXPIRES 9-30-2010 6-19-2009 DATE REVIEWED & ACCEPTED C . MAVESCADASTRAL DATE - 30 - 2(133 18 SHEET 3 OF 3 EXHIBIT "B" BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS PLAT IS A EASTERLY PROPERTY LINE OF UNITED STATES NAVAL BASE, SAN DIEGO (N.B.S.D.) AS SHOWN ON SHEET 10 AND 11 OF 17 SHEETS OF R.O.S 20257 RECORDED 08/01/2008 IE: N 50'12'08" W -00'28'41.85" VE CORONADO BRIDGE THE CALIFORNIA COORDINATE SYSTEM OF 1983 ZONE 6, EPOCH 1991.35 ADJUSTMENT GRID BEARING BETWEEN FIRST ORDER STATION NO.24 AND FIRST ORDER STATION NO.40 PER RECORD OF SURVEY NO. 15487 COMBINED SCALE FACTOR AT STATION NO. 999 OF RECORD OF SURVEY 20257 IS 1.00002343 DISTANCES SHOWN HEREON ARE GRID DISTANCES, GRID DISTANCE = GROUND DISTANCE X COMBINED SCALE FACTOR. QUOTED BEARINGS FROM REFERENCE MAPS\DEEDS MAY OR MAY NOT BE IN TERMS OF SAID SYSTEM. 211 US11214424 LAM MINVEYINa 5731 PALMER WAY, SUITE G L.B. 4611 CARLSBAD, CALIFORNIA 92010 (760) 488-1726 FAX (760) 438-3991 E HARBOR DRV SITE SAN DIEGO BAY VACINITY MAP NO SCALE REVIEWED & ACCEPTEC G. NAVES CADASTRAL DATE d -30 -1069 THIS PLAT WAS PREPARED BY ME OR MY DI f CT SUPERVISION DOUGLAS R' MELCHIODATE P.L.S. 4611 MY LICENSE EXPIRES SEPT.30,2010 ;RAY BY: RGC CHECKED BY: DRM DATE 06/06/09 DATE 06/16/09 REVISED BY: RGC DATE 06/19/09 BA YSHORE BIKE WA Y EASEMENT SCALE 1" = 100' APPROVED BY: DATE SAN DIEGO ASSOCIATION OF GOVERNMENTS 19 (SANDAG) DOC. NO. SHT 1 OF 10 SHTS Al 3061-BASE.DWG DATE 06 /19 /2009 EXHIBIT "B" CHOLLA CREEK CHANNEL SHEET 3 SHEET 4 AREA PARCEL A 101,593.80 SQ.FT. 2.332 ACRES MORE OR LESS AREA PARCEL B 36,324.79 SQ.FT. 0.834 ACRES MORE OR LESS LEGEND = INDICATES BAYSHORE BIKEWAY EASEMENT 32ND ST KEY MAP B.N.S.F. (A.T.& S.F. RAILWAY) SHEET 7 UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D.) T.P.O.B. = TRUE POINT OF BEGINING P.O.T. = POINT OF TERMINATION (R) = RADIAL BEARING = PROPERTY LINE CL = CENTER LINE 1000 GRAPHIC SCALE 0 1000 SCALE 1" = 1000 FEET 2000 PARCEL A UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D.) M.T.S. S.D.&A.E. RAILWAY) So�GO �! 1� 110N � t SHEET 8 PARCEL B SHEET 9 SHEET 10 PARCEL B j1DEPvps PARCEL A N s� DRAWN BY: RGC DATE 06/05/09 CHECKED BY: DRM DATE 06/16/09 REVISED BY: RGC DATE 06/19/09 BAYSHORE BIKEWAY EASEMENT SCALE i" = 100' SAN DIEGO ASSOCIATION OF GOVERNMENTS 20 (SANDAG) DOC. NO. APPROVED BY: DATE SHT 2 OF 10 SHTS JN 3061-BASE.DWG DATE 06 /19 /7009 EXHIBIT "B" 70.00' cn / U, Pc)Io 30'17119"E(R) A=09'30'24" R=1450.00' L=240.59' Lh V) N 50.00' T.P 0.8. PAR A cn o 4, O v n0J rnd/ BOOK 908 PAGE 215 REC-09-03-1919 U.S.A. UNITED STATES NAVAL BASE (N.B.S.D.) U.S.A. PAR A BIKEWAY EASEMENT 17.00' VARIES —*- 50.00' r-F> crr rn m 0 CO 1 200.00' 00'-.- (,lvMllVd '3"d''0 r�1 UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D.) 20257 /*/" 100 0 100 SCALE 1" = 100 FEET GRAPHIC SCALE ')RAM BY: RGC DATE 06/08/09 :NECKED BY: DRM DATE 06/16/09 REVISED BY: RGC APPROVED BY: DATE 06/19/09 DATE BA YSHORE BIKE WA Y EASEMENT SCALE 1" = 100' SAN DIEGO ASSOCIATION OF GOVERNMENTS 2 (SANDAL) DOC. NO. SHT 3 OF 10 SHTS JN 3061-3.DWG DATE 06/19/2009 87+28.55 E.C. STATE HIGHWAY STATION C� EXHIBIT "B" 120.00' PAR A BIKEWAY EASEMENT 17.00 O1" ��` / 00, r NOT A PART 715.0 O N C.7i O (.0 BOOK 908 PAGE 215 REC-09-03-1919 U.S.A. UNITED STATES NAVAL BASE (N.B.S.D.) DRAWN BY: RGC OQ��Og� U.S.A. I PAR A !BIKEWAY o EASEMENT 17.00.' PAR DATE 06/08/09 CHECKED BY: DRM DATE 06/16/09 REVISED BY: RGC DATE 06/19/09 r rN^ V• (0 01 c0 m N CO 50.00' R" 11 a o COco CO N N o - N CO 01 200.00' a a a 00.00' 2025 UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D.) 100 0 100 SCALE 1" = 100 FEET GRAPHIC SCALE BAYShIORE BIKEWAY EASEMENT SCALE 1° = 100' SAN DIEGO ASSOCIATION OF GOVERNMENTS 22(SANDAG) DOC. NO. APPROVED BY: DATE SHT 4 OF 10 SHTS JN 3061-4.DWG DATE 06 /19 /9n09 CD !1 ' 75+00 STATE HIGHWAY STATION 9. BOOK 908 PAGE 215 REC-09-03-1919 U.S.A. UNITED STATES NAVAL BASE (N.B.S.D.) EXHIBIT "B" PAR A BIKEWAY EASEMENT 17.00' --120.00' Po 7-1 a 200.00'--i 50.00 (AvM1Ivd '3'ds'0's) 00.00' - 100.00'H 100 0 100 20257 UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D.) SCALE 1" = 100 FEET GRAPHIC SCALE RAM BY: RGC DATE 06/08/09 ...-IECKED BY: DRM DATE 06/16/09 REVISED BY: RGC DATE 06/19/09 BAYSHORE BIKEWAY EASEMENT SCALE 1” = 100' APPROVED BY: DATE SAN DIEGO ASSOCIATION OF GOVERNMENTS 23 (SANDAG) DOC. NO. SHT 5 OF 10 SHTS JN 3061-5.DWG DATE 06/19/2009 62 UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D.) ri F,JJ 64+91.24' POT 64+84.20 BC 1Q S 00'53'44m W 2.56' S 5012'08" E 64.00' PORTION GRANTED TO THE U.S.A PER INST. NO. 1984-079058 REC. 3-5-1984 DRAWN BY: RGC EXHIBIT " B" PAR A BIKEWAY EASEMENT 17.00' DATE 06/08/09 CHECKED BY: DRM DATE 06/16/09 200.00' r*--) 00.00'—I r-� 4• 00Q) rn cn J T Ul (,lvMlldel '3'bv'0'S) 50.00 - 100.00'- r) DETAIL NO SCALE 202 57 UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D.) 100 0 100 SCALE 1" = 100 FEET GRAPHIC SCALE BAYSHORE BIKEWAY EASEMENT SCALE 1' = 100' DOC. NO. REVISED BY: RGC DATE 06/19/09 APPROVED BY: DATE SAN DIEGO ASSOCIATION OF GOVERNMENTS 24 (SANDAL) SHT 6 OF 10 SHTS JN 3061-6.DWG r A -Tr na /1a /9nn( J7 N 44'01'14" E(R N 3961.43',E 175.85 NOT A PART N 86'41'26" E® N 87'22'33" W(R) N 46'15 32 E(R) PORTION GRANTED TO THE U.S.A. PER INST. NO.1984-079058 REC. 3-5-1984 UNITED STATES NAVAL BASE (N.B.S.D.) ON 39'53'16" E S 50'06'44" E 216.27' (� A=19'49'42' R=480.56' L=166.31' © t=25'45'42" R=480.56' L=216.07' \)5. 07 A=05'56'01" R=480.56' L=49.77' ®N 43'30'12" W 18.52' 90 N 39'53'16" E 140.00' nRAWN BY: RGC -IECKED BY: DRM REVISED BY: APPROVED BY: RGC 14.42' EXHIBIT "B" NOT A PART u 70 CC>� ;? J � [D r U) 120.00' DATE 06/08/09 DATE 06/16/09 DATE 06/19/09 DATE I \ \ I 1 I I I' N 44'46'56" EN 'N 66'51'44" E(R) 1 004/ 0257 I UNITED STATES 1 I• NAVAL BASE 1 \(.-cf)::, (N.B.S.D.) 1 I `-Y' 1 \t-I s 1 9 I r 1 r I r-100.0 00.00' PAR A BIKEWAY EASEMENT 17.00' 100 0 100 SCALE 1" = 100 FEET GRAPHIC SCALE BAYSHORE BIKEWAY EASEMENT SCALE 1" = 100' SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) 25 DOC. NO. SHT 7 OF 10 SHTS JN 3061-7.DWG DATE 06/19/2009 A=30'51'02" R=5559.65' L=2993.56' \ S 63'34'4i3" W 29.96 N 77'26'34" E(R) 0 A=0310'29" R=5559.65' L=308.06' ri.I:J UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D) N 80'37'03" E(R) T.P.O.B PAR B 10.00' N 09a1.974" N 82'44'44" E(R� N 82'45'02" 19.00' 1 EXHIBIT "B" =o� N 72'14'18" E 146.54' VIES I tfli I DRAWN BY: RGC DATE 06/08/09 CHECKED BY: DRM DATE 06/16/09 REVISED BY: RGC DATE 06/19/09 1 go.00' 70 CD CDCA W CCDD-N.. o i- 100 ■ PAR A 7.00' BIKEWAY EASEMENT UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D) 79'18'04" E(R) »257 ELK 2f48 P.O.T. PAR A 00 0 0 BTII STREET POINT "A" UNITED STATES NAVAL BASE SAN DIEGO—, S P (N.B.S.D) 1Q N 72'14'18" E 10.29' 1® S 04'11'36" E 108.93' 19 S 81'07'21" E 6.38' S 11'00'15" E 97.97' A=03'40'34" R=5572.65' L=357.54' ® 0=03'40'16" R=5553.65' L=355.84' N 04'11'36" W 117.22' GRAPHIC SCALE 0 100 200 SCALE 1" = 100 FEET BA YSHORE B KE WA Y EASEMENT SCALE 1" = 100' SAN DIEGO ASSOCIATION OF GOVERNMENTS 26SANDAG) DOC. NO. APPROVED BY: DATE SHT 8 OF 10 SHTS JN 3061-8.DWG n6 TF na /10 /7nno BOOK 2650 PAGE 116 REC. 5-26-1948 NAVAL STATES SAN DIEGO (N.B.S.D.) S 66'44'33" W(R) S 86'25'18" W(R) PAR B BIKEWAY EASEMENT 19.00 CO r'J) rn rn , ``� 6=25.03'23" r,i R=243.00' L=106.27' $_88'12'04" E( 03 03J ;AM BY: RGC IECKED BY: DRM APPROVED BY: PAR B BIKEWAY EASEMENT EXHIBIT "B" I--100.00'� 20257 Q1 A=03'40'34" R=5572.65' L=357.54' ® A=03'40'16" R=5553.65' 102g L=355.84' A=04'32'56" R=5665.65' L=449.81' A=0516'20" R=5679.65' L=522.63' S 88'55'28EH_ UNITED STATES NAVAL BASE SAN DIEGO (N.8.S.D.) SAN DIEGO ASSOCIATION OF GOVERNMENTS 27 (SANDAG) i i SCALE 1" = 100' SHT 9 OF 10 SHTS JN 3061-9.DWG DATE 06/19/2009 UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D.) R03 PAR B BIKEWAY EASEMENT 14.00' S 83'39'08�R) 31 RJJ 1030 PARCEL "F" BOOK 2650 PAGE 116 REC 5/26/1948 U.S.A. S.D.U.P.D. LANDS EXHIBIT "B" N 17'49'30" WwR) `N 79'24'25" KR GRAPHIC SCALE 100 0 100 200 SCALE 1" = 100 FEET ® A=04'32'56" R=5665.65' L=449.81' 3 A=0516'20" R=5679.65' L=522.62' ® S 06'20'52" W 93.70' • S 72'10'30" W 66.54' ® A=61'34'55" R=67.00' L=72.01' • S 83'55'59" W 17.74' • N 72'10'30" E 108.23' ® N 06'20'52" E 73.68' DRAVIft' BY: RGC CHECKED BY: DRM DATE 06/08/09 DATE 06/16/09 BAYSHORE BIKEWAY EASEMENT SCALE 1" = 100' DOC. NO. REVISED BY: RGC APPROVED BY: DATE 06/19/09 DATE SAN DIEGO ASSOCIATION OF GOVERNMENTS 28 (SANDAG) SHT 10 OF 10 SHTS JN 3061-10.DWG NV R • NMENTAL ONDITION OF ' ROPERTY (ECP) CHECKLIST Page 1 of 4 Installation: Naval Base San Diego (NBSD), California Parcel/Site Location and Description: _Bay Shore _Bikeway: _A bikepath that fhllows Harbor Drive and Tidelands Avenue along the NBSD property line. Proposed Real Estate Action Description: Pavement for a bike path that is typically 12 ft wide, spanning the length of NBSD (4.5 raj) SITE SUMMARY INFORMATION 1. Information regarding site uses and any hazardous materials, contamination, or conditions. All available and pertinent files, records, reports and aerial photographs were reviewed and, where necessary, a site inspection and/or personal interviews were conducted to document the environmental conditions of the property to support the proposed real estate action. A summary of the conditions, sources of information (including location), and any required use restrictions are provided for each environmental condition. A. Parcel/Site Uses: Prior Uses: Sidewalk, parking lot or unused paved space. The location along Civic Center Drive (See Map) was a former disposal area for PCBs. Part of this location is within Installation Restoration (IR) Site 9, a.k.a Solid Waste Management Unit (SWMU) 2. For more information about former IR sites see attached email: subject: FW: Bayshore Bikeway Owner Questionnaire Follow-up. Current Uses: Sidewalk, parking lot or unused paved space Future Uses: A two-way bike path B. Contaminants: If yes, identify contaminant ►/ Yes ❑ No ❑ Unknown and media: PCB Contaminants in Soil at the location where the bike path runs along Civic Center Drive (See Figure 6.2-2 attached) Source of information: Remedial Project Manager (RPM) Knowlede (see attached emails), NBSD Site Management Plan (SMP): SWMU 2 Restrictions or Land Use Controls: ❑ Yes If yes, please identify and explain in detail in Section ►/ No 2 below. C. Hazardous Materials Use: ❑ Yes Hazardous Materials Storage: ❑ Yes Type of HM: 4 F/ No ❑ Unknown No ❑ Unknown Type of Use and/or Storage: Source of information: Restrictions or Land Use Controls: If yes, please identify and explain in II detail Yes ❑ No in Section 2 below. D. Treatment, Storage, Disposal of Hazardous Waste: Source of information: RPM Knowledge, NBSD SMP: SWMU Yes ❑ No ❑ Unknown 2 Restrictions or Land Use Controls: ❑ Yes If yes, please identify and explain in detail in Section /I1 No 2 below. - 29 ENVIRONMENTAL CONDITION OF PROPERTY (ECP) CHECKLIST Page 2 of 4 E. Underground Storage Tanks: Yes ►21 No ❑ Unknown UST No. _ Gals. Source of information: RPM Knowledge, NBSD SNIP Restrictions or Land Use Controls: ❑ Yes ❑ No If yes, please identify and explain in detail in Section 2 below. F. Above -Ground Storage Tanks: ❑ Yes /1 No AST No. Gals. Source of information: RPM Knowledge, NBSD SMP Restrictions or Land Use Controls: 0 Yes ■ No If yes, please identify and explain in detail in Section 2 below. G. Presence of Polychlorinated Biphenyl's (PCB's): I Yes ❑ No ❑ Unknown Source of information: RPM Knowledge, NBSD SMP: SWMU 2 Restrictions or Land Use Controls: ❑ Yes ►1 No If yes, please identify and explain in detail in Section 2 below. H. Asbestos: ❑ Yes /1 No ❑ Unknown If yes: ❑ Friable ❑ Non -friable ❑ Unknown Source of information: RPM Knowledge NBSD SMP Restrictions or Land Use Controls: ❑ Yes ❑ No If yes, please identify and explain in detail in Section 2 below. I. Lead Paint: ❑ Yes // No ❑ Unknown Source of information: RPM Knowledge, NBSD SMP Restrictions or Land Use Controls: ❑ Yes ❑ No If yes, please identify and explain in detail in Section 2 below. J. Radon: ❑ Yes /1 No ❑ Unknown Source of information: RPM Knowledge, NBSD SMP Restrictions or Land Use Controls: ❑ Yes ❑ No If yes, please identify and explain in detail in Section 2 below. K. Radiological Materials: ❑ Yes ' No ❑ Unknown Source of information: RPM Knowledge, NBSD SMP Restrictions or Land Use Controls: ❑ Yes ❑ No If yes, please identify and explain in detail in Section 2 below. L. Solid/Bio-Hazardous Waste: ❑ Yes 0 No ❑ Unknown Source of information: RPM Knowledge, NBSD SMP Restrictions or Land Use Controls: ❑ Yes ❑ No If yes, please identify and explain in detail in Section 2 below. M. Munitions and Explosives of Concern: ❑ Yes // No ❑ Unknown Source of information: RPM Knowledge, NBSD SMP Restrictions or Land Use Controls: ❑ Yes I No If yes, please identify and explain in detail in Section 2 below. 30 Attachment 3 NVIRONMENTAL CONDITION OF PROPERTY (ECP) CHECKLIST Page 3 of 4 N. Threatened or Endangered Species: ❑ Yes Source of information: RPM Knowledge, NBSD SMP ►/ No 111 Unknown testrictions or Land Use Controls: ❑ Yes ❑ No If yes, please identify and explain in detail in Section 2 below. O. Natural or Cultural Resources: ❑ Yes Source of information: RPM Knowledge, NBSD SMP 1 No ❑ Unknown Restrictions or Land Use Controls: II Yes ❑ No If yes, please identify and explain in detail in Section 2 below. P. Use of Adjacent Property: Current Use: Roads, Military Buildings Past Use: Roads, Military Buildings, PCB Storage Yard: SWMU 2 Source of information: RPM Knowledge, NBSD SMP Restrictions or Land Use Controls: ❑ Yes ❑ No If yes, please identify and explain in detail in Section 2 below. Q. Has the site had any Notices of Violation? ❑ Yes If yes, please explain: // No. Source of information: RPM Knowledge, NBSD SMP Restrictions or Land Use Controls: ❑ Yes If yes, please identify and explain in detail in Section ►1 No 2 below. .. Additional information or comments regarding questions shown above (attach sheet(s) if additional room is needed): he proposed location for the bike path intersects IR Site 9 a.k.a. SWMU 2 (see figure 6.2-2). All soil removed from this location must be sampled and characterized prior to disposal in order for it to be disposed properly according to local and federal laws. The characterization and profile of the soil shall be provided to the Navy Remedial Project Manager for evaluation. Source of information: See attached emails for more description of Installation Restoration Sites relevent to the proposed location of the bike path. Restrictions or Land Use Controls: If yes, please identify and explain in r detail Yes ❑ No in Section 2 below. 2. List of Land Use Controls required for Real Estate Action: See Additional Information above. 31 Attachment 3 ENVIRONMENTAL CONDITION OF PROPERTY (ECP) CHECKLIST Page 4 of 4 3. Signature: Based on records reviews, site inspections, and interviews, the environmental professional(s) certify that the environmental conditions of the pr perty are as stated in this document and this property is suitable for outgrant. Envir. mental Professional: Signature Darren Belton Print Name Lead Remedial Project Manager Tit e Date The real estate professional(s) acknowledge these restrictions and/or LUCs identified above and will ensure they are made a part of the outgrant document. Real Estate Professional: Signature /COAL 7y ,Se6c.,44iST Title /O /I UG ,9) Print Name Date Property Owner (Activity or Region) acknowledges and accepts the foregoing statement of environmental conditions and the land u . coif any) that will be required for this real estate outgrant: Si ' nature erz-VA-Nt Print Name putt . is wa_t<5 (5rr( Title 10 A Z 9 Date P%Gf Ooh ilk 'Sank Attachment 3 32 • N6247309RP00103 Environmental Requirements The following provisions shall apply to this Grant of Easement: Definitions: "Hazardous Material" means any substance: a) the presence of which requires investigation or remediation under any applicable federal, state or local statute, regulation, ordinance, order, action, policy or common law; or b) which is or becomes defined as a "hazardous waste," or hazardous substance," pollutant or contaminant pursuant to any federal, state or local statute, regulation, rule or ordinance now or hereafter in effect, including the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. § 9601 et seq) and/or the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. § 6901 et. seq); and/or the California Health & Safety Code §§ 25100 et. seq. c) which is toxic, reactive, explosive, corrosive, ignitable, flammable, infectious, radioactive, carcinogenic, or otherwise hazardous and is or becomes regulated by any governmental authority, agency, department, commission, board, agency or instrumentality of the United States, the State of California or any political subdivision thereof; or d) which contains gasoline, diesel fuel or any other petroleum hydrocarbons, polychlorinated biphenyl's (PCBs), asbestos, or urea formaldehyde foam insulation "Environmental Requirements" mean all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans or authorizations and similar items of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states and political subdivisions thereof and all applicable judicial, administrative and regulatory decrees, judgments and orders relating to the protection of human health or the environment, including but not limited to those pertaining to reporting, licensing, permitting, investigation and remediation of emissions, discharges, release or threatened releases of Hazardous Materials, chemical substances, pollutants, contaminants or hazardous or toxic substances, materials or wastes. "Environmental Damages" mean all claims, judgments, damages, fines, liabilities, encumbrances, liens, costs and expenses of investigation and defense of any claim, whether or not such claim is defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including with limitation reasonable attorneys' fees and consultants' fees, any of which are incurred at any time as a result of (i) the existence of Hazardous Materials (A) upon or beneath the Premises or Page 1 of 3 33 t. (B) migrating or threatening to migrate from the Premises, or (ii) a violation of Environmental Requirements pertaining to the Premises, and including damages to personal injury or injury to property or natural resources occurring upon or off of the Premises and all other costs incurred in connection with the investigation or remediation of such Hazardous Materials or violation of Environmental Requirements including the performance of any cleanup, remediation, removal, response, abatement or monitoring work required by any federal, state or local government agency. Notwithstanding any provision in this Agreement to the contrary, Grantee shall not be responsible or liable for any environmental damages arising from the Environmental Condition of the premises existing prior to the date of this Agreement. Covenants and Requirements: 1. Grantee shall be solely responsible for obtaining, at its sole cost and expense, any and all environmental permits or approvals required for its operations under this easement, independent of any existing federal, state, and/or local permits held by the Department of the Navy. 2. Grantee and its officers, employees, agents, and contractors shall comply with all Environmental Requirements, including but not limited to all applicable federal, state and local environmental, hazardous material, and occupational safety and health laws, regulations and ordinances that are or may become applicable to Grantee's activities on the Premises. Grantee shall be solely responsible for any and all Environmental Damages, including fines, penalties, and enforcement actions instituted in connection with Grantee's use, or otherwise imputed to Grantee by law through others' use of the Premises. 3. Grantee covenants that it shall not cause any Hazardous Material to be brought upon, treated, kept, stored, disposed of, discharged, released, produced, manufactured, generated, relined or used upon, about or beneath the Premises except as specifically approved by the Secretary of the Navy in accordance with 10 U.S.C. §2692. If such approval is obtained, Grantee shall strictly comply with the Environmental Requirements, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. §9601 et seq., the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6901 et. seq., and California Code of Regulations, Titles 17, 22, & 23 and other applicable Federal, State, and local laws and regulations governing use, storage, and release reporting of Hazardous Materials on the property and the management/disposal of Hazardous Materials and hazardous waste. Except as specifically authorized by the Government in writing, Grantee must provide at its own expense for such hazardous waste management complying with all laws and regulations. Government hazardous waste management facilities will not be available to Grantee. Nor shall Grantee permit its hazardous or solid wastes or other materials to be commingled with waste of the Department of the Navy. Any violation of the requirements of this condition shall be deemed a material breach of this easement. Page 2 of 3 34 4. Whenever, as a result of Grantee's use, or as otherwise imputed to Grantee by law through others' use of the property: (A) any hazardous substance, hazardous constituent, or hazardous waste is released or there is a substantial threat of such release into the environment; or (13) there is a release or substantial threat of release into the environment of any pollutant or contaminant which may present an imminent and substantial danger to the public health or welfare (including the environment), the Grantee shall be responsible, at no cost to the Government: (A) for all costs of corrective action or response to include removal or remedial action incurred by the United States not inconsistent with the national contingency plan; (B) any other necessary costs of response incurred by any other person consistent with the national contingency plan; (C) damages for injury to, destruction of, or loss of natural resources, including the reasonable costs of assessing such injury, destruction, or loss; and (D) the costs of any health assessment or health effects study carried out under 42 U.S.C. section 9604(i). If any Hazardous Material is brought upon, threatened, kept, stored, disposed of, discharged, released, produced, manufactured, generated, refined or used upon, about or beneath the Premises or any portion thereof in violation of subsections 2 and 3 above or is in existence in, on or under the Premises, Grantee shall, at the direction of the Government or any federal, state or local authority, remove or rernediate such Hazardous Material and/or otherwise comply with the regulations or orders of such authority to ensure compliance with all Environmental Requirements. 5. Grantee releases, remits, and forever discharges the Government, its officers, agents and employees of and from any and all claims, causes of action, injuries, damages, and demands whatsoever in law or in equity arising out of, or connected with, Grantee's use or otherwise imputed to Grantee by law through others' use of the Premises. Grantee agrees to indemnify, defend, and hold harmless the United States against all fines, claims, damages, lawsuits, judgments, and expenses arising out of such use of the Premises and not resulting from the negligence or willful intent or misconduct of Government, its officers, agents, and/or employees. Page 3of3 35 DEPARTMENT OF THE NAVY COMMANDER NAVY REGION SOUTHWEST 037 NO. HARBOR DR. SAN DIEGO, CALIFORNIA 02132-005B IN REPLY HEFER TO 5090 Ser N45JP_bg/0152 April 27, 2006 From: Commander Navy Region Southwest Region Environmental (N4512) To: Distribution Subj: STORMWATER BMPs REQUIRED FOR CONSTRUCTION ACTIVITIES AFFECTING LESS THAN ONE ACRE OF LAND IN SAN DIEGO METRO AREA 1. The State Water Resources Control Board (SWRCB) has required that the Navy take greater control over potential sources of contamination to stormwater, including construction activities. 2. The term "construction" is a broad term that can include clearing, grading and disturbances to the ground such as stockpiling, or excavation, and installation or demolition of structures. 3. Construction projects greater than one acre in size are required to obtain coverage under the state's General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit). 4. In order to ensure that construction projects less than one acre in size do not create a source for stormwater pollution, basic stormwater best management practices (BMPs) must be implemented. 5. To accomplish this task, all Commander Navy Region Southwest (CNRSW) complexes in the San Diego Metro area shall, at a minimum, implement the following stormwater BMPs, as applicable, during construction activities impacting less than one acre of land. The stormwater BMPs shall be incorporated in Sections 01355A, 01356A, and 01500A of contracts for such construction. Any verbiage in the above Sections, or any other sections, that conflict with the language below shall be deleted. a. Storm drain catch basins in the construction area shall be covered so that sediment and debris do not enter the catch basins during construction. EXHIB w 36 5090 Ser N45JP.bg/0152 April 27, 2006 b. Sediment and debris from the worksite shall be swept up and properly disposed, so that they will not be tracked off site and enter a storm drain or receiving water. c. For projects that occur during the rainy season (October through May), any soil, gravel, or debris stockpiles shall be covered / bermed to prevent rain from washing away the stockpiles. d. If metal cutting, grinding, or weld_ng is part of the project (such as concrete reinforcing bars or metal fencing), measures shall be put in place to prevent those pollutants from entering the water or storm drain systems. Also, at a minimum, metal slag/residues/shavings must be swept up and properly disposed of at the end of each workday. e. Drip pans shall be placed under equ.pment to catch leaks. These drip pans shall be cleaned periodically. During rain events these drip pans shall be moved so that the stormwater runoff doesn't become contaminated from their contents. f. Wash water and residue from concrete and/or masonry work shall not be discharged into the storm drain or sanitary sewer systems. Wash water shall be contained in a. concrete washout area and allowed to evaporate with the remaining solids disposed of as solid waste. With written approval from the installation's environmental staff, smaller projects may have the option to discharge wash water onto a pervious soil surface and allowed to infiltrate into the soil. Any remaining residue shall be disposed of as solid waste. g. The project shall avoid the use of galvanized materials, or add an additional coating to the material to reduce the potential for zinc leaching into scormwater runoff. Examples of items that may contain galvanized materials include fencing, flagpoles, corrugated roofing used in lean-to sheds, and sacrificial anodes. h_ If BMPs currently in place are found to be ineffective in controlling storm water pollution, they shall be amended as soon as possible to correct the problem 6. This is a list of minimum BMPs that should be implemented. Additional RMPs may be required depending on the specific project. It is highly recommended that construction project managers work with base environmental representatives to ensure 37 5090 Ser N45JP.bg/0152 April 27, 2006 the project meets both environmental compliance and project timelines. 7. Host commands please disseminate to all tenants in your cognizance. if you have any questions regarding this letter, please contact Rob Chichester, CNRSW Water Quality Program Manager, at (619) 524-6417. Sincerely, C I 4 P.A. Kenne y Fay di_rectidn Distribution: CO, NAVAL BASE, POINT LOMA CO, NAVAL BASE, CORONADO CO, NAVAL BASE, SAN DIEGO CO, NAVAL FACILITIES ENGINEERING COMMAND SOUTHWEST CO, SHORE INTERMEDIATE MAINTENANCE ACTIVITY, SAN DIEGO CO, NAVAL AVIATION DEPOT, SAN DIEGO CO, SPACE AND NAVAL WARFARE SYSTEM CENTER, SAN DIEGO CO, NAVAL MEDICAL CENTER, SAN DIEGO 3 38 City of National City, California COUNCIL AGENDA STATEMENT ETING DATE5 12/15/2009 AGENDA ITEM NO. 8 �EM TITLE Resolution of the City Council of the City of National City to Tax Defer Member Paid Contributions under the Public Employees' Retirement System (CaIPERS) PREPARED EXPLANATION nson (336-4308) DEPARTMENT Human Resources ources Director This resolution would allow the City to deduct the employee paid portion of the Public Employees' Retirement System (CaIPERS) on a tax deferred basis via payroll deduction. This tax benefit is offered by Internal Revenue Code Section 414(h)(2) for members in CaIPERS. It allows the employees' who pay member contributions to defer state and federal taxes on their member contributions. This program is called Employer Pick -Up (EPU), and provides employees' contributions to be treated as employer contributions for federal and state tax purposes. Environmental Review V NIA Financial Statement There is no financial impact to the City. Account No. STAFF RECOMMENDATION Recommend approval of resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution A-200 (9/80) RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING TAX DEFERRED MEMBER PAID CONTRIBUTIONS UNDER THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) WHEREAS, the City of National City has the authority to implement the provisions of Section 4174(h)(2) of the Internal Revenue Code (IRC). Section 4174(h)(2) would allow the City to deduct the employee paid portion of the Public Employees' Retirement System on a tax deferred basis via payroll deduction. This tax benefit is offered by Internal Revenue Code Section 414(h)(2) for members in Ca!PERS. It allows the employees who pay member contributions to defer State and federal taxes on their member contributions. This program is called Employer Pick-up (EPU), and provides employees' contributions to be treated as employer contributions for federal and State tax purposes; and WHEREAS, the Board of Administration of the Public Employees' Retirement System (CaIPERS) adopted its resolution regarding Section 4174(h)(2) on September 18, 1985; and WHEREAS, the Internal Revenue Service stated in December 1985, that the implementation of the provisions of Section 4174(h)(2) IRC pursuant to the Resolution of the Board of Administration would satisfy the legal requirements of Section 4174(h)(2) IRC; and WHEREAS, the City Council has determined that even though the implementation of the provisions of Section 4174(h)(2) IRC is not required by law, the tax benefit offered by Section 4174(h)(2) IRC should be provided to its employees who are members of the Public Employees' Retirement System. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: 1. That the City of National City will implement the provisions of Section 4174(h)(2) Internal Revenue Code by making employee contributions pursuant to California Govemment Code Section 20691 to the Public Employees' Retirement System on behalf of its employees who are members of the Public Employees' Retirement Sy tem. °Employee contributions'_cdhall mean those contributions to the Public Employees' Retirement System that are deducted from the salary of employees and are credited to individual employee's accounts pursuant to California Government Code Section 20691. 2. That the contributions made by the City of National City to the Public Employees' Retirement System, although designated as employee contributions, are being paid by the City of National City in lieu of contributions by the employees who are members of the Public Employees' Retirement System. 3. That employees shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by the City of National City to the Public Employees' Retirement System. 4. That the City of National City shall pay to the Public Employees' Retirement System the contributions designated as employee contributions from the same source of funds as used in paying salaries. Resolution No. 2009 — December 15, 2009 Page 2 5. That the amount of the contributions designated as employee contributions and paid by the City of National City to the Public Employees' Retirement System on behalf of an employee shall be the entire contribution required of the employee by the Public Employees' Retirement Law (California Government Code Sections 20000, et seq.) 6. That the contributions designated as employee contributions made by the City of National City to the Public Employees' Retirement System shall be treated for all purposes, other than taxation, in the same way that member contributions are treated by the Public Employees' Retirement System. PASSED and ADOPTED this 15th day of December, 2009. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT ETING DATE5 12-15-09 AGENDA ITEM NO. 9 (-- ITEM TITLE Resolution of Intention of the City of National City to Approve an Amendment to the Contract Between the Board of Administration California Public Employees' Retirement System and the City Council of the City of National City to Provide for a 3% (a) 55 Full Formula Benefit for Local Police Members Entering Membership for the First Time in the Police Classification - • ARE `-Y rtace,. eve'son (336-4308) EXPLANATION DEPARTMENT Human Resources As provided for in the current agreement between the City of National City and Ca1PERS, City of National City employees working in designated police classifications have a retirement formula of 3% @ 50 (Section 21362.2). Under the terms of the current Memorandum of Understanding between the City and the Police Officers' Association, individuals hired into the City's police classifications for the first time will not receive the benefit of the 3% @ 50 formula (Section 21363.1). Instead such new hires will receive a benefit of 3% @ 55. Such a change is allowable under Section 20475 (Different Level of Benefits). Environmental Review ✓ N/A Financial Statement Account No. STAFF RECOMMENDATION Recommend approval of resolution. BOARD t COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution A-200 (9/80) RESOLUTION NO. 2009 — RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF NATIONAL CITY TO PROVIDE FOR A 3% @ 55 FULL FORMULA BENEFIT FOR LOCAL POLICE MEMBERS ENTERING MEMBERSHIP FOR THE FIRST TIME IN THE POLICE CLASSIFICATION WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the City Council of a.resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 20475 (Different Level of Benefits): Section 21362.2 (3% @ 50 Full formula) is applicable to only those local police members entering membership in the police classification on or prior to the effective date of this amendment to contract. Section 21363.1 (3% @ 55 Full formula) is applicable to local police members entering membership for the first time in the police classification after the effective date of this amendment to contract. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby give notice of its intention to approve an amendment to the contract between the City of National City and the Board of Administration of the Public Employees' Retirement System to provide fora 3 @ 55 F H formula benefit for local Police Members entering membership for the first time in the Police Classification, a copy of said amendment being attached hereto as Exhibit "A" and by this reference made a part hereof. Said Amendment to Contract is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of December, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, Ill City Attorney Ca1PERS Califomia Public Employees' Retirement System EXHIBIT "A" AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council. City of National City 4411* The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1948, and witnessed May 1, 1948, and as amended effective March 1, 1954, July 1, 1954, April 1, 1956, April 1, 1970, December 1, 1972, September 28, 1973, October 1, 1973, March 1, 1974, October 1, 1974, January 16, 1977, October 16, 1978, October 1, 1980, July 16, 1983, January 1, 1985, December 27, 1988, December 12, 1989, November 15, 1991, December 27, 1991, June 11, 1993, May 2, 1996, July 9, 2002, September 17, 2002, July 6, 2004 and January 27, 2009 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 15 are hereby stricken from said contract as executed effective January 27, 2009, and hereby replaced by the following paragraphs numbered 1 through 17 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members; age 50 for local fire members; age 50 for local police members entering membership in the police classification on or prior to the effective date of this amendment to contract; and age 55 for local police members entering membership for the first time in the police classification after the effective date of this amendment to contract. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1948 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CaIPERS) and its trustees, agents and employees, the CaIPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorneys fees that may arise as a result of any of the following: (a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CaIPERS retirement program. (b) Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than existing retirement benefits, provisions or formulas. (c) Public Agency's agreement with a third party other than CaIPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law. (d) Public Agency's election to file for bankruptcy under Chapter 9 (commencing with section 901) of Title 11 of the United States Bankruptcy Code and/or Public Agency's election to reject this Contract with the CaIPERS Board of Administration pursuant to section 365, of Title 11, of the United States Bankruptcy Code or any similar provision of law. (e) Public Agency's election to assign this Contract without the prior written consent of the CaIPERS' Board of Administration. (f) The termination of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to the Public Employees' Retirement Law. (g) Changes sponsored by Public Agency in existing retirement benefits, provisions or formulas made as a result of amendments, additions or deletions to California statute or to the California Constitution. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). 5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 6. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Govemment Code Section 20305 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. 7. This contract shall be a continuation of the contract of the Community Development Commission of the City of National City, hereinafter referred to as "Former Agency". The accumulated contributions, assets and liability for prior and current service under the Former Agency's contract shall be merged pursuant to Section 20508 of the Government Code. Such merger occurred May 20, 2008. 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after September 17, 2002 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 9. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after September 17, 2002 shall be determined in accordance with Section 21354.3 of said Retirement Law (3% at age 60 Full). 10. The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member and for those local police members entering membership in the police classification on or prior to the effective date of this amendment to contract shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 11. The percentage of final compensation to be provided for each year of credited current service as a local police member entering membership for the first time in the police classification after the effective date of this amendment to contract shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full). 12. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20425 ("Local Police Officer" shall include employees of a police department who were employed to perform identification or communication duties on August 4, 1972 and who elected to be local safety members). b. Section 21222.1 (One -Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. c. Sections 21624 and 21626 (Post -Retirement Survivor Allowance). d. Section 21573 (Third Level of 1959 Survivor Benefits). e. Section 20965 (Credit for Unused Sick Leave). f. Section 21325 (One -Time 3% to 15% Increase For Local Miscellaneous Members Who Retired or Died Prior to January 1, 1974). Legislation repealed said Section effective January 1, 2002. g. Section 20042 (One -Year Final Compensation). h. Section 20903 (Two Years Additional Service Credit). Section 20475 (Different Level of Benefits). Section 21362.2 (3% @ 50 Full Formula) is applicable to only those local police members entering membership in the police classification on or prior to the effective date of this amendment to contract. Section 21363.1 (3% @ 55 Full Formula) is applicable to local police members entering membership for the first time in the police classification after the effective date of this amendment to contract. 13. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on January 16, 1977. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 14. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 15. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 16. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 17. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or Tess than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective'on the day of BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL CITY OF NATIONAL CITY BY BY , LORI MCGARTLAND, CHIEF PRESIDING OFFICER EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Witness late Attest: Clerk AMENDMENT ER# 190 PERS-CON-702A City of National City, California CITY COUNCIL AGENDA STATEMENT EETING DATE December 15, 2009 AGENDA ITEM NO. 10 EM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A GOVERNMENTAL AFFAIRS CONSULTING AGREEMENT WITH BUSTAMANTE & ASSOCIATES FOR A TERM OF SIX MONTHS AND A MONTHLY FEE OF $6,000 PREPARED BY George H. Eiserrt1I J DEPARTMENT City Attorney (Ext. 4221) EXPLANATION Cruz Bustamante, a former Lieutenant Governor and Speaker of the Assembly of the State of California, is currently the name principal in Bustamante & Associates, consultants in the filed of governmental affairs. Pursuant to the proposed Consulting Agreement, Bustamante & Associates would provide the following services to the City: •. Provide strategy to the City on a project basis; • Assume responsibility for communications between the State of California and the City on Port issues; • Schedule an assessment day with the City Manager and appropriate City staff to establish goals and an action plan; • Coordinate with City staff on any relevant State legislation that can help in the effort to obtain goals outlined between the Parties; • Meet with appropriate local legislators and community stakeholders to partner with the City; • Meet quarterly in person upon request by the City Manager for special presentations and workshops to the City Council or designated audience; • Host bi-annual Sacramento legislative workshops and State budget orientations; • Prepare written progress reports. The fee for the Consultant's services would be $6,000 per month. Either party could terminate the Agreement upon 30 days' written notice. Environmental Review N/A Financial Statement Approved B•1 (JJ"' Finance Director Appropriations are available in account 001-409-000-213-000 in the amount of $36,000. Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS Listed Below) Resolution No. Resolution Consulting Agreement A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A GOVERNMENTAL AFFAIRS CONSULTING AGREEMENT WITH BUSTAMANTE & ASSOCIATES FOR A TERM OF SIX MONTHS AND A MONTHLY FEE OF $6,000 WHEREAS, Cruz Bustamante is a former Lieutenant Governor and Speaker of the Assembly of the State of California, and is currently a principal in Bustamante & Associates ("Consultant"); and WHEREAS, Consultant is in the business of governmental affairs relating to all manner of issues and projects; and WHEREAS, the City desires to retain Consultant as a governmental affairs consultant from November 1, 2009 to April 30, 2010, for a monthly fee of $6,000. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Governmental Affairs Consulting Agreement between the City and Bustamante & Associates for the period November 1, 2009 through April 30, 2010, for a monthly fee of $6,000. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of December, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CONSULTING AGREEMENT By and between THE CITY OF NATIONAL CITY and BUSTAMANTE & ASSOCIATES LLC RECITALS THIS CONSULTING SERVICE AGREEMENT ("Agreement") made this 15th Day of December 2009, by and between the City of National City, Califomia (referred to hereinafter as "Client") and Bustamante & Associates (referred to hereinafter as "Consultant") (collectively referred to as the "Parties"). WHEREAS, Consultant is in the business of governmental affairs relating to all manner of issues and projects; and WHEREAS, Client desires to retain Consultant as a governmental affairs consultant from November 1, 2009 to April 30, 2010. NOW THEREFORE, in exchange for good and valuable consideration hereinafter described, Client hereby retains Consultant; and Consultant hereby agrees to provide to Client governmental affairs consulting services as follows: PERFORMANCE AND COMPENSATION The following services and duties ("Services"): Provide strategy to Client on a project basis; Assume responsibility for communications between the State of California and the Client on port issues; Schedule an assessment day with the City Manager and appropriate City staff to establish goals and an action plan; Coordinate with City staff on any relevant State legislation that can help in the effort to obtain goals outlined between the Parties; Meet with appropriate local legislators and community stakeholders to partner with Client; Meet quarterly in person upon request by the City Manager for special presentations and workshops to the City Council or designated audience; Host hi -annual Sacramento lPdiclative workshopsandState budget orientations; P epare written progress reports. Client shall pay Consultant a monthly fee of Six Thousand Dollars ($6,000) within thirty (30) days of the end of each month during which consultant provides services. TERMINATION The Parties may terminate this Agreement at any time by giving written notice. The termination will be effective one (1) calendar month (30 days) after the date of the notice. INDEPENDENT CONTRACTOR Consultant enters into this Agreement, and will remain throughout the term of this Agreement, as an independent contractor. Client agrees that Consultant is not and will not become an employee, partner, agent, or principal of Client while this Agreement is in effect. CONSULTANT AGREEMENT CITY OF NATIONAL CITY and BUSTAMANTE & ASSOC LLC PAGE 2 OF 3 Consultant may work with Client's employees or subcontractors as the Client (or City Manager) provides approval to perform the Services required of Consultant by this Agreement. Consultant represents and warrants that any subcontractors or employees required for specialty services will have prior approval of the City Manager, and have the same qualifications and skills necessary to perform the Services as set forth above. CONFIDENTIALITY Any information including, but not limited to, written, printed, graphic, or electronically or magnetically recorded information ("Proprietary Information") furnished by Client for Consultant's use is the sole property of Client. This Proprietary Information includes, but is not limited to, any and all information provided by Client directly to Consultant, including but not limited to Client's requirements, customer/ vendor lists, marketing information, and information concerning Client's employees, finances, products, services, prices, and operations. Consultant understands and agrees to keep this Proprietary Information in the strictest confidence, and shall not disclose it by any means to any person except with Client's prior consent, and only to the extent permitted by Client and necessary to performance of Services under this Agreement. This prohibition also applies to Consultant's employees, agents, and subcontractors. CLIENT'S DUTIES Client agrees to be truthful with Consultant, to cooperate, to keep Consultant informed of developments and to abide by this Agreement. DISCLAIMER OF GUARANTEE Nothing in this Agreement and nothing in Consultant's statement to Client shall be construed as a promise or guarantee about the outcome of Client's matter. Consultant cannot and shall not guarantee to Client that he will be successful in his efforts to secure desired results, however, Consultant warrants that Consultant shall use his best efforts to meet the objectives of the Client, and perform accordingly. MISCELLANEOUS PROVISIONS This Agreement shall be governed by the laws of the State of California. In the event any suit, action, or appeal to enforce this Agreement, the prevailing party shall be entitled to an award of its costs and attorneys' fees. This Agreement may be executed in counterparts. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa. Each term, covenant, condition, and provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law, but if any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the Parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable, and the remainder of the provisions of this Agreement will in no way be affected, impaired, or invalidated as a result. CONSULTANT AGREEMENT CITY OF NATIONAL CITY and BUSTAMANTE & ASSOC LLC PAGE 3OF3 MISCELLANEOUS (Continued) This Agreement supersedes any prior agreement, negotiations, and communications, oral or written, and contains the entire agreement between the Parties. All negotiations and understandings have been included in this Agreement. Statements or representations which may have been made by any party to this Agreement in the negotiation stages of this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the Parties. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Parties' successors, assigns, executors, administrators, beneficiaries, and representatives. Unless expressly provided to the contrary in this Agreement, each and every one of the rights, remedies, and benefits provided by this Agreement will be cumulative, and will not be exclusive of any other such rights, remedies, and benefits allowed by law. The undersigned Parties acknowledge and agree as herein described under the laws of the State of California on this 15th day of December, 2009. Signed by: CITY OF NATIONAL CITY Ron Morrison, Mayor 1234 National City Blvd National City, CA 91950 W: 619-336-4241 F: 619-336-4239 E. ir tts@i natinnaleilyra giv BUSTAMANTE & ASSOCIATES LLC Bus ate, Chairman/CEO 9 n alive Dancer Lane Elk Grove, CA 95624 W: 916-600-9011 F: 916-714-9020 Y E cruzmb �.comcast.net City of National City, California COUNCIL AGENDA STATEMENT 11 __FETING DATE December 15, 2009 AGENDA ITEM NO. ITEM TITLE Resolution Authorizing the Mayor to Execute an Agreement with the San Diego Unified Port District for Police, Fire and Emergency Medical Services Leslie Deese, ACM, DEPARTMENT PREPARED BY (619/336-4240) City Manager's Office EXPLANATION Please see attached report. Environmental Review ✓ N/A Financial Statement If approved, the new contract would result in funding to the City's General Fund of $2,275,191.00 which represents an increase of approximately $255,492 over the 2007-2009 Agreement with the Port for Police, Fire and Emergency Medical Services. Account No. STAFF RECOMMENDATION Approve the Agreement BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Contract with the San Diego Unified Port District Is Resolution Resolution No. A-200 (9/80) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR POLICE, FIRE, AND EMERGENCY MEDICAL SERVICES WHEREAS, the San Diego Unified Port District ("the District") desires to contract for the provision of police, fire, and emergency medical services to the non -ad valorem taxpaying properties located on the City's tidelands; and WHEREAS, the City has the capacity to provide police, fire, and emergency medical services to said District properties; and WHEREAS, the District has an obligation to adhere to a principle of reimbursement for services actually performed on tideland trust property, wherein the cost bears a direct relationship to the services provided, the reimbursement is substantiated by an auditable record, and for which the reimbursement is reasonable and falls with the trust purposes of the District; and WHEREAS, the District may authorize the disbursement of money for specified and approved categories of reimbursement to a city providing such services based upon a submittal of records kept in the normal course of city business. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Agreement with the San Diego Unified Port District for police, fire, and emergency medical services. Said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 15th day of December, 2009. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, 111 City Attorney RECEIVED NOV 2 4 2009 Unified Port San Diego LETTER OF TRANSMITTAL November 23, 2009 Leslie Deese, Assistant City Manager City of National City 1243 National City Boulevard National City, CA 91950 Subject: AGREEMENT No. 123-2009: Police, Fire and Emergency Medical Services WE ARE TRANSMITTING VIA EXPRESS DELIVERY: 3165 Pacific Highway, San Diego, CA 92101 P.O. Box 120488, San Diego, CA 92112-0488 619.686.6200 • www.portofsandiego.org [X] Municipal Services Agreement [X] For Signature Original and Duplicate -Original copies COMMENTS: Please have each of the copies of the enclosed agreement signed by City staff, and retum to the District. Upon execution by District, the Duplicate -Original copy will be forwarded for your records. If you have any questions regarding this agreement, please call Ralph Oliver, Manager, Procurement Services, at (619) 686-6394. AA ,74 Mark Adams Procurement Services Department San Diego Unified Port District AGREEMENT BETWEEN SAN DIEGO UNIFIED PORT DISTRICT and CITY OF NATIONAL CITY for POLICE, FIRE AND EMERGENCY MEDICAL SERVICES AGREEMENT NO. 123-2009 The parties to this agreement are the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, herein called "District" and the CITY OF NATIONAL CITY; a municipal corporation, herein called "City. RECITALS: WHEREAS, the San Diego Unified Port District Act allows the District to contract with the Municipalities, who's territorial limits are adjacent to or contiguous to those of the District for police, fire services and other services, and; WHEREAS, the District and the City desire to execute an agreement for police, fire and emergency medical services on non -ad valorem tideland trust property located in the City, and; WHEREAS, the City has the capacity to provide police, fire and medical services to said District property, and; NOW, THEREFORE, it is mutually understood and agreed by and between the parties as follows: 1. SCOPE OF SERVICES A. This agreement covers reimbursement of the cost of police and fire protection services to be provided by the City upon the District's filled tidelands and property within the City's limits, which do not generate ad valorem tax revenues, as depicted in Exhibit A, Non Tax Paying Tidelands in the City of National City, incorporated by reference as though fully set forth herein. Those properties include, but are not Agreement No.: 123-2009 Party to Agreement: City of National City Renuestinn nenartment Harbor Police n1/i1!11101 Page 1 of 11 limited to, non -dedicated streets, parks and other open space, unleased developed properties, leased properties wherein the lessee is not subject to ad valorem taxes (with the exception of properties leased to the City), and unleased vacant land. Nothing herein contained shall give the City the right to use or occupy any District real or personal property, or to otherwise use the services of the District or its employees. B. City shall provide police, fire and emergency medical services as contained in the Statement of Reimbursable Expenses of this agreement, attached hereto as Exhibit B and incorporated by reference as though fully set forth herein. Only expenditures authorized herein shall be eligible for reimbursement, unless approved in writing by the District. C. For Police Services, the City shall provide services to the same extent and in the same manner as such member city actually provides or may be required by law to provide to an ad valorem tax -generating property. District and City shall, to the extent practicable, meet and confer as needed to discuss deployment of resources cooperatively in an effort to avoid duplication of services. D. For Fire and Emergency Medical Services, the City shall provide, to same extent and in the same manner as such member city actually provides or may be required by law to provide to an ad valorem tax - generating property, responses to all calls for fire suppression services by the fire department; and responses to all calls for emergency medical services, to such extent as the county, state, or federal government requires the City to provide. E. The activities and services authorized for reimbursement shall only be those which have occurred, and been rendered on or after July 1, Agreement No.: 123-2009 Party to Agreement: City of National City Requesting Department: Harbor Police Page 2 of 11 2009, and which are in furtherance of the San Diego Bay tideland trust for the accommodation of commerce, navigation, fisheries, and recreation on said trust tidelands for the benefit of all of the people of the State of California. 2. TERM OF AGREEMENT: This Agreement covers services rendered for fiscal years July 1, 2009 through June 30, 2012. If both parties desire to renew the Agreement and cost of services for the new Agreement is not finalized before the current Agreement expires, the current Agreement may be extended for one year at an annual consideration equal to the most recent year's cost of services. After negotiations are completed, contract amount will be adjusted based on final negotiated cost. 3. COMPENSATION: A. In consideration of the foregoing performances by the City, the District shall pay the City an amount not to exceed Seven Hundred Twenty -Eight Thousand Four Hundred Forty -Two Dollars ($728,442.00) for Fiscal Year 2010, Seven Hundred Fifty -Seven Thousand Six Hundred Fifty -Three Dollars ($757,653.00) for Fiscal Year 2011 and Seven Hundred Eighty -Nine Thousand Ninety -Six Dollars ($789,096.00) for Fiscal Year 2012, as listed Cxhibit B, Statement oo Reimbursable —Expenses inc-orproorac.tedby reference as though fully set forth herein for a total amount under this Agreement not to exceed Two Million Two Hundred Seventy -Five Thousand One Hundred Ninety -One Dollars ($2,275,191.00). The estimate in consideration for fiscal year 2012 is recognized as the approximate cost of police and fire services with the City. If during the contract period the City's staffing level and/or negotiated costs for police services or fire department salaries and benefits change, City shall give District written notice and furnish documentation satisfactory to District to substantiate the changes. Such changes shall be recognized as a basis for increasing or decreasing Agreement No.: 123-2009 Party to Agreement: City of National City Reauestino Department: Harbor Police Page 3 of 11 the remaining consideration due after such changes are approved by the City, and shall be reflected in the next quarterly payment to the City. Payments shall be made upon written request to the District and may be submitted on a quarterly basis. District agrees to reimburse the City within thirty (30) days of receipt of a properly prepared request for reimbursement. Reimbursement charges shall be in accordance with Exhibit A, Statement of Reimbursable Expenses. B. Said expenditure shall include without limitation all sums, charges, reimbursements, costs and expenses provided for herein. City shall not be required to perform further services after compensation has been expended. In the event that the City anticipates the need for services in excess of the their compensation, the District shall be notified in writing immediately. District must approve an amendment to this Agreement before additional fees and costs are incurred. 4. RECORDS: In accordance with generally accepted accounting principles, City shall maintain full and complete documentation of the cost of services performed under this Agreement. Such documentation, if reasonably available, may include, but is not limited to, time cards, contracts, receipts, original invoices, canceled checks, payroll documentation, calls for service records, dispatch records, police and fire budget data, other budget data used to calculate citywide overhead factors, the City's police staffing model, and other periodic logs maintained by police and fire staff. Such records shall be open to inspection of District at all reasonable times in the City of Coronado and such records shall be kept for at least three (3) years after the termination of this Agreement. Such records shall be maintained by City for a period of three (3) years after completion of services to be performed under this Agreement or until all disputes, appeals, litigation or claims arising from this Agreement have been resolved, whichever is later. Agreement No.: 123-2009 Party to Agreement: City of National City Requesting Department: Harbor Police Page 4 of 11 City understands and agrees that District, at all times under this Agreement, has the right to review project documents and work in progress and to audit financial records, whether or not final, which City or anyone else associated with the work has prepared or which relate to the work which City is performing for District pursuant to this Agreement regardless of whether such records have previously been provided to District. City shall provide District at City's expense a copy of all such records within five (10) working days of a written request by District. District's right shall also include inspection at reasonable times of the City's office or facilities, which are engaged in the performance of services pursuant to this Agreement. City shall, at no cost to District furnish reasonable facilities and assistance for such review and audit. City's failure to provide the records within the time requested shall preclude City from receiving any compensation due under this Agreement until such documents are provided. 5. COMPLIANCE: In performance of this Agreement, City shall comply with the California Fair Employment and Housing Act, the American with Disabilities Act, and all other applicable federal, state, and local laws prohibiting discrimination, including without limitation, laws prohibiting discrimination because of age, ancestry, color, creed, denial of family and medical care leave, disability, marital status, medical condition, national origin, race, religion, sex, or sexual orientation. City shall comply with the prevailing wage provisions of the Labor Code, and the Political Reform Act provisions of the Government Code, as applicable. City shall comply with all applicable federal, state and local law, as well as any applicable District codes and policies in effect now or as may be adopted. 6. INDEPENDENT ANALYSIS: City shall provide the services required by this Agreement, independent of the control and direction of District, other than normal contract monitoring provided, however, City shall possess no authority with respect to any District decision beyond rendition of such information, advice, or recommendations. Agreement No.: 123-2009 Party to Agreement: City of National City Reauestina Department: Harbor Police Page 5 of 11 7. ASSIGNMENT: City shall not assign this agreement or any right or interest hereunder without express prior written consent of District, nor shall District assign this agreement or any right or interest hereunder without express prior written consent of City. 8. MUTUAL INDEMNIFICATION A. City agrees to defend, indemnify and hold the District harmless against and from any and all damages to property or injuries to or death of any person or persons, including employees or agents of the District, and shall defend, indemnify and hold harmless the District, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the City or any of its officers, agents or employees. B. District agrees to defend, indemnify and hold the City harmless against and from any and all damages to property or injuries to or death of any person or persons, including employees or agents of the City, and shall defend, indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors, or omissions of the District or any of its officers, agents or employees. 9. INSURANCE REQUIREMENTS: City and District shall at all times during the term of this Agreement maintain, at its expense, the following minimum levels and types of insurance or evidence of a self -insured program: Commercial General Liability (including, without limitation, Contractual Liability, Personal and Advertising Injury, and Products/ Completed Agreement No.: 123-2009 Party to Agreement: City of National City Requesting Department: Harbor Police Page 6 of 11 Operations) coverages, with coverage at least as broad as Insurance Services Office Commercial General Liability Coverage (occurrence Form CG 0001 with limits no less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. 1) The Commercial General Liability policy shall be endorsed to include the other party, its agents, officers, and employees as additional insured. 2) The coverage provided to the other party, as an additional insured, shall be primary. B. Commercial Automobile Liability (Owned, Scheduled, Non -Owned, or Hired Automobiles written at least as broad as Insurance Services Office Form Number CA 0001 with limits of no less than two million dollars ($2,000,000) per accident for bodily injury and property damage. C. Worker's Compensation in statutory required limits and Employer's Liability in an amount of not less than one million dollars ($1,000,000) per accident for bodily injury or disease.; This policy shall be endorsed to include a waiver of subrogation endorsement. Certificates of insurance for all the policies described above upon execution of this Agreement and upon renewal of any of these policies shall be provided by City and District to the other party. Except in the event of cancellation for non- payment of premium, in which case notice shall be 10 days, all such certificates shall indicate that the insurer must notify District in writing at least 30 days in advance of any change in, or cancellation of, coverage. Service Provider shall also provide notice to District prior to cancellation of, or any change in, the stated coverages of insurance. Each party reserves the right to request certified copies of any required insurance policies with reasonable notice. Agreement No.: 123-2009 Party to Agreement: City of National City Reouestina Department: Harbor Police Page 7 of 11 10. INDEPENDENT CONTRACTOR: City and any agent or employee of City shall act in an independent capacity and not as officers or employees of District. The District assumes no responsibility for taxes, bonds, payments or other commitments, implied or explicit by or for the City. City shall not have authority to act as an agent on behalf of the District unless specifically authorized to do so in writing. City acknowledges that it is aware that because it is an independent contractor, District is making no deductions from its fee and is not contributing to any fund on its behalf. City disclaims the right to any fee or benefits except as expressly provided for in this Agreement. 11. ADVICE OF COUNSEL: The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the parties hereto. This Agreement shall not be construed in favor of or against either party by reason of the extent to which each party participated in the drafting of the Agreement. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California. 12. INDEPENDENT REVIEW: Each party hereto declares and represents that in entering into this Agreement it has relied anrt is relying solely_upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each party further declares and represents that this Agreement is being made without reliance upon any statement or representation not contained herein of any other party, or any representative, agent or attorney of any other party. 13. INTEGRATION AND MODIFICATION: This Agreement contains the entire Agreement between the parties and supersedes all prior negotiations, discussion, obligations and rights of the parties in respect of each other regarding the subject matter of this Agreement. There is no other written or oral Agreement No.: 123-2009 Party to Agreement: City of National City Requesting Department: Harbor Police Page 8 of 11 understanding between the parties. No modifications, amendment or alteration of this Agreement shall be valid unless it is in writing and signed by the parties hereto. 14. TERMINATION: In addition to any other rights and remedies allowed by law, either party may terminate this agreement at the end of a service year with or without cause by giving at least six (6) months written notice prior to the start of the next year of service to the other parties of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials shall at the option of District be delivered by City to the Don L. Nay Port Administration Building (located at 3165 Pacific Highway, San Diego, California 92101). Termination of this Agreement by Executive Director (President/CEO) as provided in this paragraph shall release District from any further fee or claim hereunder by City other than the fee earned for services which were performed prior to termination but not yet paid. Said fee shall be calculated and based on the schedule as provided in this Agreement. 15. DISPUTE RESOLUTION: If a dispute arises out of or relates to this Agreement, or the alleged breach thereof, and is not settled by direct negotiation or such other -procedures -as -may -be -agreed, and -if-such-dispute--is-not-otherwise time barred, the parties agree to first try in good faith to settle the dispute amicably by mediation administered at San Diego, California, by the American Arbitration Association, or by such other provider as the parties may mutually select, prior to initiating any litigation or arbitration. Notice of any such dispute must be filed in writing with the other party within a reasonable time after the dispute has arisen. Any resultant Agreements shall be documented and may be used as the basis for an amendment or directive as appropriate. If mediation is unsuccessful in settling all disputes that are not otherwise time barred, and if both parties agree, any still unresolved disputes may be resolved Agreement No.: 123-2009 Party to Agreement: City of National City Roni ,oetinn I lonortmont• I-lnrhnr Pnliro Page 9 of 11 by arbitration administered at San Diego, California, by the American Arbitration Association, or by such other provider as the parties may mutually select, provided, however, that the Arbitration Award shall be non -binding and advisory only. Any resultant Agreements shall be documented and may be used as the basis for an amendment or directive as appropriate. On demand of the arbitrator or any party to this Agreement, subcontractor and all parties bound by this arbitration provision agree to join in and become parties to the arbitration proceeding. 16. PAYMENT BY DISTRICT: Payment by the District pursuant to this Agreement does not represent that the District has made a detailed examination, audit, or arithmetic verification of the documentation submitted for payment by the City, made an exhaustive inspection to check the quality or quantity of the services performed by the City, made an examination to ascertain how or for what purpose the City has used money previously paid on account by the District, or constitute a waiver of claims against the City by the District. 17. CAPTIONS: The captions by which the paragraphs of this Agreement are identified are for convenience only and shall have no effect upon its interpretation. 18. EXECUTIVE DIRECTOR'S SIGNATURE: It is an express condition of this Agreement that said Agreement shall not be complete nor effective until signed by either the Executive Director (President/CEO) or Authorized Designee on behalf of the District and by Authorized Representative of the City. 18.1 Submit all correspondence, including invoices, regarding this Agreement, including Insurance Certificates and Endorsements to: **"END OF PAGE*** Agreement No.: 123-2009 Party to Agreement: City of National City Requesting Department: Harbor Police Page 10 of 11 Jeffrey B. McEntee, CFO/Treasurer Executive Offices San Diego Unified Port District P.O. Box 120488 San Diego, CA 92112-0488 Tel. (619) 686-6423 Fax: (619) 686-6403 Email: jmcentee@portofsandiego.org 18.2 The City's Authorized Representative assigned below has the authority to authorize changes to the scope, terms and conditions of this Agreement: Ron Morrison , Mayor City of National City 1243 National City Blvd. National City, CA 91950 Tel. (619) 336-4236 Fax (619) 336-4239 Email: rmorrison@nationalcityca.gov 18.3 Written notification to the other party shall be provided, in advance, of changes in the name or address of the designated Authorized Representative. SAN DIEGO UNIFIED PORT DISTRICT CITY OF NATIONAL CITY Jeffrey B. McEntee CFO/Treasurer PORT ATTORNEY Name Title Attest: City Clerk Approved as to Form: City Attorney Agreement No.: 123-2009 Party to Agreement: City of National City Panuoctinn flanarfmanh Harhnr Pnlirst Page 11 of 11 EXHIBIT A Non Tax Paying Tidelands in the City of National City Agreement No.: 123-2009; Exhibit A Party to Agreement: City of National City Requesting Department: Harbor Police Page 1 of 1 EXHIBIT B: STATEMENT OF REIMBURSABLE EXPENSES FOR THE CITY OF NATIONAL CITY San Diego Unified Port District POLICE SERVICES Calls for Service (hours) Preventative Patrol: 1.5 hrs/patrol shift * 3 shifts * 365 days Total Police Hours Available Officer Hours Number of officers required (Total Police Hours/Available Officer Hours) 230 1643 1873 1471 1.27 FY 2010 FY 2011 FY 2012 Total Police Services 541,513 563,228 586,602 FIRE AND MEDICAL SERVICES Allocated portion to non -tax paying tidelands (7%) Total Fire and EMS 186,929 194,425 202,494 TOTAL POLICE, FIRE AND EMERGENCY MEDICAL $ 728,442 $ 757,653 $ 789, Agreement No: 123-2009; Exhibit B Party to Agreement: City of National City Reauestina Department: Harbor Police Page 1 of 1 EXHIBIT C CERTIFICATE OF INSURANCE San Diego Unified Port District By signing this form, the authorized agent or broker certifies the following: (1) The Policy or Policies described below have been issued by the noted Insurer(s) [Insurance Company(ies)] to the Insured and is (are) in force at this time. (2) As required in the Insured's Agreement(s) with the District, the policies include, or have • -en endorsed to include, the coverages or conditions of coverage noted on page 2 of this certificate. ,;',',,;,;,;, (3) Signed copies of all endorsements issued to effect require coverages or conditions �',i:dil2',' - are attached to this certificate. ; ;,;,;,;,' Return this form to: San Diego Unified Port District ,,; ; ;;;;; Attn: Linda Wilkstrom, Audit, R =' ,, •men ? P. O. Box 120488, San Diego, CA •'1;12; )4, FAX: 866-875-1993 ,' , ,''' ,'',',''' Name and Address of Insured (Contractor or Vendor) SDUPD Agreement This certific applies to connecti ,ir1 all Agreements Num:',;,' ;,;,;,;' ; ,.;!;!,. all ope • ibirs;';Qif, -med i.' urg;q; •perty in b iht ' t4t14r(dk '- red. CO LTR TYPE OF INSURANCE POLICY NO. ' i . r' ; ' ' 11 ' ' ' • rr1 r Commercial General Liability ,;, Commence ' M pit$•, '''' '''',''' ti•,•,ti•rrrn Each Oeeurrene-'r,',' ' ' ❑ Occurrence Form ❑ Claims -made Form Retro Date :.:...r;:,.....:' .....':..; ;';ti';';';'; ;';';';', ,', ;;4khirh Cl:'6. fig. ,;,;,;,;, ;,;, ;,;, r,':' ,;,,,,,,, , , , , , , , ld4hp 4�9� . , , , , . , , ,. $ , ,;, , , , , , , , , ❑ Liquor Liability Deductible/SIR: $ Commercial Automobile Liability ❑ All Autos 0 Owned Autos 0 Nan -Owned & Hired Autos ,';', , ,';';';';';';'; ,',, ',,, ,',',' ',;, , ',, ,!,, !,\ rbMrhie diit'D =. ',',', ,',',y,' r,tiVrr, Each e: $ Ex . r trbh; . �'' ,,.,,,, ,;; ',,,.,;,, Workers Compensation — Statut. Employer's Liability ,;,;,,,, ',;,;, ; ;'; ; ; ;',', ,,,,,, ;, cem •rr�dkgf',' ,;,,, :;,;,;, ' - e: ';,;';,' ,, E.L. Each Accident $ .L. Disease Each Employee $ E.L. Disease Policy Limit $ Professional Liability ,', 0 Claims Made ,';';•;';';';'' . ;.;;;•;', ,' ,;,;,;,;, e tp. e: Each Claim $ '.;,;,;,(, n te: ,,,,,,,� Retro-Active Date ,, .r ; �>Ap ;', Vp ,;, :, Excess/Umbrella Liabilit ',',',',', ' ' ',' ' '''' ; ;;'; ','' ' ', , ',,',',',',',' , ''''''''' ,,. ncement Date: ',',',',',', ,,,,, E •I on Date: Each Occurrence: $ General Aggregate:$ ',ti•,tititi}};r'r •,•.tip• •� •,• CO LTR , , r, rr, , r ;';';';';';';'.;,'; OMPANI •'At }OINO;r • E -E BEST'S RATING D rrrtititi',ti'r,rrrrr'rrr;'r' ,,,,,,.,,, ,, ,,'. A. M. Best Financial Ratings of Insurance ¢p1pil 'es Affording Coverage Must be A- VII or Better unless Approved in Writing by the District. Name and Address of Authorized tits , .�NISe.(, ,, , ,� , , E-Mail Address: Phone: Fax Number: Signature of Authorized Agent(s) or Broker(s) Date: Agreement No.: 123-2009; Exhibit C Party to Agreement: City of National City Requesting Department: Harbor Police Page 1 of 2 SAN DIEGO UNIFIED PORT DISTRICT REQUIRED INSURANCE ENDORSEMENT ENDORSEMENT NO. EFFECTIVE DATE POLICY NO. NAMED INSURED: GENERAL DESCRIPTION OF AGREEMENT(S) AND/OR ACTIVITY All written Agreements, contracts and leases with the San Diego Unif ;I and all activities or work performed on district premises All written Agreements, contracts, and leases with the Sa and/or any and all activities or work performed on District Notwithstanding any inconsistent statement in the attached or in any endorsement now or hereafter a 1. The San Diego Unified Port District, its offic insureds in relation to those operations, uses, oc generally above, including activities of the na invitees, or activities performed on behalf of t 2. Insurance under the policy(ies) listed or self -insured retention carried by the contribute to a loss covered by insurance 3. The policy(ies) listed on this endo claim is made or suit is brought exc 4. As respects the policy(ies) list to nonpayment of premium, thi requested, will be given to e San cancellation, change in cov due to nonpayment of pre Except as stated above, and be held to waive, al or exten. (NAME OF INSURA TI 111/1111 N s ' SEMENT AND NOTICES OF CANCELLATION, 1 I I,1,1 I NS, AND CHANGES IN COVERAGE TO: 0 me policy to ched thereto, ts, ): and emplo acts, and ac cers, age District and/or any ort District t is al ibed ees or f13{ii a �,tt tlt'r-r insurance 9 ,,ykijl; {$ ; led upon to ely to a='» i:b0; ' -d against whom of the ins Y liability. h the exceptio of cancellation due by certified mail, return receipt ct prior to the effective date of I. In the event of cancellation given. ent, nothing contained herein shall or exclusions of the policy(ies) to ORIZED REPRESENTATIVE) orm to: San Diego Unified Port District Wilkstrom, Audit, Risk Management & Safety Box 120488, San Diego, CA 92112-0488 FAX: 866-875-1993 Agreement No.: 123-2009; Exhibit C Party to Agreement: City of National City P n,.nctinn npnartmont. Harhnr Pnlira Page 2of2 •ETING DATE Dec 15, 2009 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 12 / -ITEM TITLE Warrant Register #20 for the period of 11/11/09 through 11/17/09 in the Amount of $1,826,618.15 `PREPARED BY D. Gallegos -Finance DEPARTMENT c EXPLANATION Finance Jeanette 619-336-4 Per Government Section Code 37208, attached are the warrants issued for the period of 11/11/09 through 11/17/09. drie EXT. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Crest Equip Northrop Grumman Public Emp Ret Sys Check# 230184 230231 230234 Amount 52,933.31 55,092.00 283,750.57 Explanation Concrete Improvements Software Maintenace PPE 11/02/09 9 CEnvironmental Review N/A Financial Statement Not applicable. MIS Approval a Approved By. Finance Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $1,826,618.15 BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register#20 A-200 (Rev. 7/03) 1/4 PAYEE ALLIANT INSURANCE SVCS INC EQUIFAX INFORMATION SVCS ICF JONES & STOKES MCPHERSON MIG PACIFIC BUSINESS CAPITAL CORP STAPLES ADVANTAGE VALLEY MOLDING & FRAME ALLIANT INSURANCE SVCS INC AA EQUIPMENT ABCANA INDUSTRIES ADAMSON POLICE PRODUCTS AFLAC AG U I RRE AMERICAN ROTARY BROOM CO., INC ARELLANO FAMILY TRUST ARELLANO FAMILY TRUST )YS & GIRLS CLUB tENNTAG PACIFIC, INC. BROADWAY AUTO ELECTRIC BROWN MARKETING STRATEGIES CDWG COPWARE INC CORPORATE EXPRESS/STAPLES CREST EQUIPMENT, INC. DALEY & HEFT LLP DALEY & HEFT LLP DAPPER TIRE COMPANY DAVID REED LANDSCAPE ARCHITECT DELL MARKETING CORP DEPARTMENT OF JUSTICE DSL EXTREME ELEGALSUPPLY.COM ELIZALDE EMERGENCY EQPT. ENGINEERING EMPLOYMENT DEVELOPMENT DEPT ENVIRONS LANDSCAPE ARCHITECTURE ERIKA COLIN/FELIX REYES ESGIL CORPORATION FEDEX FERNANDEZ FRANK TOYOTA LBERTO ROMERO TRUST RAINGER GROSSMAN PSYCHOLOGICAL ASSOC. GROSSMAN PSYCHOLOGICAL ASSOC. GTC SYSTEMS INC INCOB pOf A'T11 WARRANT REGISTER # 20 11/17/2009 DESCRIPTION REIMB-SPECIAL EVENT INS BACKGROUND & CREDIT CHECKS WESTSIDE SPECIFIC PLAN EIR ART CENTER - GRAPHIC DESIGN SVC LAS PALMAS PARK/FACILITIES VISION EQUIPMENT RENTAL (POWER POLES) MOP 45704 OFFICE SUPPLIES ART CENTER DISPLAY CASES LIABILITY INSURANCE FUND EJECTOR MUNICIPAL POOL CHEMICALS MICROPHONE FOR CENCOM SIREN AFLAC ACCOUNT BDM36 NOV 2009 HEADSET REPAIRS SWEEPER REPAIRS REIMB-HEALTHY HOMES UNIT REPAIRS REIMB-HEALTHY HOMES UNIT REPAIRS DONATION FOR NC BRANCH PYMNT 5 MUNICIPAL POOL CHEMICALS ELECTRICAL PARTS - CITY VEHICLES RETAINER FEE/EVENTS - OCT 2009 SEAGATE BARRACUDA SUBSCRIPTION & SITE LICENSE OFFICE SUPPLIES OCTOBER 2009 SERVICES LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS TIRES FOR CITY FLEET DESIGN SERVICES VOSTRO 220 COMPUTERS INVESTIGATIVE SERVICES- OCT 2009 DSL EXTREME SERVICE LEGAL EXHIBIT TABS REIMB-HEALTHY HOMES UNIT REPAIRS CORD UNEMPLOYMENT INSURANCE REIMB OCTOBER 2009 SERVICES REIMB-HEALTHY HOMES UNIT REPAIRS CONSULTANT SERVICES FOR BLDG SPECIAL MAIL HANDLING - ENG LICENSE REIMBURSEMENT FOUR, 2009 TOYOTA PRIUS HYBRID REIMB-HEALTHY HOMES UNIT REPAIRS LAMPS, BALLAST KITS OFFICE ASSIST PROG OCT/NOV/DEC09 FOR PRE-EMP PSYCHOLOGICAL EXAMS NETWORK ENGINEERING HOURS CHK NO DATE AMOUNT 230160 11/17/09 189.37 230161 11/17/09 50.00 230162 11/17/09 24,048.31 230163 11/17/09 4,849.80 230164 11/17/09 3,390.00 230165 11/17/09 195.00 230166 11/17/09 599.14 230167 11/17/09 3,451.74 230168 11/17/09 505.00 230169 11/17/09 483.89 230170 11/17/09 261.73 230171 11/17/09 499.83 230172 11/17/09 1,543.64 230173 11/17/09 444.86 230174 11/17/09 508.42 230175 11/17/09 7,814.00 230176 11/17/09 2,618.50 230177 11/17/09 10, 000.00 230178 11/17/09 569.38 230179 11/17/09 157.69 230180 11/17/09 • 2,500.00 230181 11/17/09 414.86 230182 11/17/09 1,850.00 230183 11/17/09 1,712.62 230184 11/17/09 52,933.31 230185 11/17/09 2,514.55 230186 11/17/09 2,278.75 230187 11/17/09 2,033.95 230188 11/17/09 4,439.17 230189 11/17/09 22,922.90 230190 11/17/09 128.00 230191 11/17/09 98.49 230192 11/17/09 51.75 230193 11/17/09 883.50 230194 11/17/09 28.82 230195 11/17/09 22,010.16 230196 11/17/09 2,978.84 230197 11/17/09 3,634.50 230198 11/17/09 6,723.00 230199 11/17/09 36.99 230200 11/17/09 64.00 230201 11/17/09 1,411.88 230202 11/17/09 2,245.00 230203 11/17/09 519.93 230204 11/17/09 3,475.00 230205 11/17/09 1,500.00 230206 11/17/09 2,774.70 2/4 N PAYEE GULOTTA HdL COREN & CONE HINDERLITER DE LLAMAS & ASSOC HONEYWELL INC. INTEGRATED BIOMETRIC INTEGRITY CHARTER SCHOOL J & M KEYSTONE INC JP MORGAN CHASE BANK L.B. CIVIL CONSTRUCTION LASER SAVER INC LEXIS-NEXIS MAINTEX, INC. MANPOWER OF SAN DIEGO MELGAR MEXICAN AMERICAN BUSINESS & MEYERS/NAVE MIRACLE PLAYGROUND SALES, INC. MJC CONSTRUCTION MORE DIRECT MUNGUIA NATIONAL CITY CAR WASH NATIONAL CITY HISTORICAL NATIONAL CITY ROTARY CLUB NATIONAL CITY TROPHY NORTHROP GRUMMAN CORPORATION ORKIN PEST CONTROL PACIFIC AUTO REPAIR PUBLIC EMP RETIREMENT SYSTEM QUALA-TEL ENTERPRISES REGIONAL COMMUNICATIONS SYSTEM ROJAS SAMANIEGO SAN DIEGO DAILY TRANSCRIPT SAN DIEGO ORGANIZING PROJECT SAN DIEGO PET & LAB SUPPLY SAN DIEGO SPEEDO TACH, INC. SIGN MASTERS SIMPLEXGRINNELL STAPLES ADVANTAGE SWEETWATER AUTHORITY TARULLI TIRE SAN DIEGO INC THE SOHAGI LAW GROUP TRITECH SOFTWARE SYSTEMS U-LINE UNION BANK OF CALIFORNIA UNITED RENTALS WADE & ASSOCIATES CAIFQRNAA, -{ INCORPORATE WARRANT REGISTER # 20 11/17/2009 DESCRIPTION REIMB-HEALTHY HOMES UNIT REPAIRS -- AUDIT SVCS PROPERTY TAX CONTRACT SVCS-SALES TAX 4TH QTR REPAIRS NEW EMP FINGERPRINT - OCT 2009 REFUND -RETURN OF BANNER ADMIN STAIR TREAD REMOVED & REPLACED REFUND- BANNER PERMIT- CHASE OCTOBER 2009 SERVICES MOP 45725 INK CARTRIDGES -CM ONLINE CHARGES - OCT 2009 MISCELLANEOUS JANITORIAL SUPPLIES TEMP EMP - WEEK ENDING 11/01/09 LIABILITY CLAIM COSTS RECOGNIZING OUTSTANDING/INNOVATIVE 2009 MOU NEGOTIATION/LABOR ADVICE PLAYGROUND EQUIPMENT RETENTION BILLING 1-3 CABLES REFUND FOR BUSINESS LICENSE CAR WASHES FOR CITY FLEET PROMOTIONAL ACTIVITIES PAYMENT 07/01/09 - 10/31/09 MOP 66556 SWEETWATER JVNARSITY BASIC SOFTWARE MAINTENANCE AFR PEST MAINTENANCE FOR CITY BLDG SMOG CERTIFICATION & REPAIRS SERVICE PERIOD 11-09-3 REPAIR PUSH TO TALK BUTTON. REGIONAL COMMUNICATIONS-OCT 09 REIMB - CCPA MEETING REIMB-HEALTHY HOMES UNIT REPAIRS ADVERTISING 09-20 ACHIEVEMENT AWARD CEREMONY MOP 45753 K9 DOG FOOD - PD SPEEDOMETER CALIBRATIONS VINYL DECALS FOR POLICE PATROL TRIGGER SWITCH REPAIR WHITE COPY PAPER FACILITIES DIVISION WATER BILLS FOR MISC RECAP TIRES FOR FIRE TRUCK LEGAL SERVICES STNRD TRIMBLE AVL INTERFACE LIC WHITE PAPER CD ENVELOPE NCJPFA ADM BILL OCT 2009 - SEPT 2010 SJYJACK RENTAL ST. RESURF 09-9 CHK NO DATE AMOUNT 230207 11/17/09 5,097.00 230208 11/17/09 3,063.82 230209 11/17/09 3,023.09 230210 11/17/09 496.88 230211 11/17/09 8.00 230212 11/17/09 1,975.00 230213 11/17/09 5,760.00 230214 11/17/09 1,975.00 230215 11/17/09 4,750.00 230216 11/17/09 142.57 230217 11/17/09 427.38 230218 11/17/09 2,672.29 230219 11/17/09 736.00 230220 11/17/09 295.00 230221 11/17/09 20.00 230222 11/17/09 2,311.00 230223 11/17/09 7,181.87 230224 11/17/09 5,490.00 230225 11/17/09 95.35 230226 11/17/09 50.00 230227 11/17/09 448.00 230228 11/17/09 50.00 230229 11/17/09 20.00 230230 11/17/09 32.93 230231 11/17/09 55,092.00 230232 11/17/09 313.75 230233 11/17/09 100.00 230234 11/17/09 283,750.57 230235 11/17/09 120.00 230236 11/17/09 9,010.00 230237 11/17/09 12.10 230238 11/17/09 271.00 230239 11/17/09 582.80 230240 11/17/09 75.00 230241 11/17/09 285.50 230242 11/17/09 28.00 230243 11/17/09 260.00 230244 11/17/09 398.00 230245 11/17/09 2,986.57 230247 11/17/09 31,973.86 230248 11/17/09 899.28 230249 11/17/09 1,926.70 230250 11/17/09 17, 042.18 230251 11/17/09 139.51 230252 11/17/09 1,875.30 230253 11/17/09 294.87 230254 11/17/09 36,613.25 3/4 WARRANT REGISTER # 20 11/17/2009 PAYEE DESCRIPTION CHK NO DATE AMOUNT WEST GROUP PAYMENT CENTER BILLING PERIOD: OCT 5 - NOV 4, 2009 230255 11/17/09 990.36 WILKINS EDUCATIONAL REIMBURSEMENT 230256 11/17/09 942.56 ZUMAR INDUSTRIES STREET SIGNS 230257 11/17/09 489.38 SDG&E FACILITIES DIVISION GAS & ELECTRIC 230258 11/17/09 5,153.24 ADAMS AMERICORPS LSTA Y7 MILEAGE 230259 11/17/09 19.70 BANSAL AMERICORPS LSTA Y7 MILEAGE 230260 11/17/09 93.17 BURLEW AMERICORPS LSTA Y7 MILEAGE 230261 11/17/09 161.04 CROSBY AMERICORPS LSTA Y7 MILEAGE 230262 11/17/09 287.71 DABBAGH AMERICORPS CNCS Y6 1ST AID/CPR 230263 11/17/09 20.00 EHDE AMERICORPS LSTA Y7 MILEAGE 230264 11/17/09 27.28 FLORINE AMERICORPS LSTA Y7 MILEAGE 230265 11/17/09 29.04 GILL AMERICORPS LSTA Y7 MILEAGE 230266 11/17/09 13.31 GUERRERO AMERICORPS LSTA Y7 MILEAGE 230267 11/17/09 344.55 KAUR AMERICORPS LSTA Y7 MILEAGE 230268 11/17/09 103.86 KENNEDY AMERICORPS LSTA Y7 MILEAGE 230269 11/17/09 10.04 LITERACY WORKS AMERICOPRS CNCS Y6 230270 11/17/09 45,000.00 MCCULLOUGH AMERICORPS LSTA Y7 MILEAGE 230271 11/17/09 202.07 "EDINA AMERICORPS LSTA Y7 MILEAGE 230272 11/17/09 136.46 UDGE AMERICORPS LSTA Y7 MILEAGE 230273 11/17/09 206.25 NOVELLI AMERICORPS LSTA Y7 MILEAGE 230274 11/17/09 389.18 RODRIGUEZ AMERICORPS LSTA Y7 MILEAGE 230275 11/17/09 12.05 SCOTT AMERICORPS LSTA Y7 MILEAGE 230276 11/17/09 269.61 SNIDER AMERICORPS LSTA Y7 MILEAGE 230277 11/17/09 107.35 STRATEGIC RESOURCE COMPANY/ AMERICORPS CNCS Y6 230278 11/17/09 2,872.64 WEISS AMERICORPS LSTA Y7 MILEAGE 230279 11/17/09 84.72 WILDER AMERICORPS LSTA Y7 MILEAGE 230280 11/17/09 147.44 AT & T MOBILITY CELL PHONE SVC - WINGS PROGRAM 230281 11/17/09 110.67 BAKER & TAYLOR CHILDREN'S BOOKS 230282 11/17/09 1,556.35 BORUNDA MILEAGE REIMBURSEMENT 230283 11/17/09 23.32 BRODART AUTOMATION/PRECISION 230284 11/17/09 4,616.44 CITY OF NATIONAL CITY OUT OF STATE SALES TAX 230285 11/17/09 525.04 EBSCO PRINT SUBSCRIPTION RENEWAL 230286 11/17/09 6,867.41 ELITE DEALS CARAVAN 10 X 10 ALUMINUM 230287 11/17/09 1,999.60 FEDEX FEDEX SERVICE TO SEND A GRANT 230288 11/17/09 32.07 INGRAM LIBRARY SERVICES INC. ADULT BOOKS 230289 11/17/09 218.60 LAKESHORE LEARNING MATERIALS CRAFT MATERIAL FOR WOW MOBILE 230290 11/17/09 1,035.05 MIDWEST TAPE DVD'S FOR THE COLLECTION 230291 11/17/09 46.06 MORINEAU PUPPET SHOW FOR FAM LITERACY 230292 11/17/09 200.00 NEWSBANK INC. ON-LINE ANNUAL SUBSCRIPTION 230293 11/17/09 3,550.00 NYE REIMB- CHILDREN INCENTIVES 230294 11/17/09 190.96 OMNIGRAPHICS, INC. REFERENCE BOOKS 230295 11/17/09 59.70 RACO INDUSTRIES PATRON LIBRARY CARDS 230296 11/17/09 3,535.38 HART & FINAL SUPPLIES FOR NC GOT TALENT 230297 11/17/09 83.40 AILE MAKERS INCENTIVES FOR FAM LITERACY NIGHT 230298 11/17/09 155.63 SPRINT VIDEO CONFERENCING, LONG DISTANCE 230299 11/17/09 29.03 STAPLES ADVANTAGE EQUIPMENT CLEANING SUPPLIES 230300 11/17/09 571.17 STRATACOM BUSINESS CARD IMPRINTS FOR WINGS 230301 11/17/09 31.83 4/4 CAS; F0RN1.A_*- C INCORPORATED WARRANT REGISTER # 20 11/17/2009 PAYEE DESCRIPTION CHK NO DATE AMOUNT U.S. POSTMASTER POSTAGE FOR OVERDUE NOTICES 230302 11/17/09 308.00 XEROX CORPORATION XEROX BASE CHARGES 230303 11/17/09 494.89 PAYROLL Pay period Start Date End Date Check Date 23 10/20/2009 11/2/2009 11 /11 /2009 A/P Total 778,870.00 1,047,748.15 GRAND TOTAL $ 1,826,618.15 Warrant Register # 20 11/17/2009 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 115 PARK & REC CAPITAL OUTLAY FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING 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 277 NC PUBLIC LIBRARY DONATINS FUND 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 345 TRAFFIC CONGESTION RELIEF 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 633 UNEMPLOYMENT INSURANCE RESERVE 643 MOTOR VEHICLE SVC FUND 644 EQUIPMENT REPLACEMENT RESERVE 725 PLANNING 1,072,424.74 47,481.26 19,902.02 1,794.64 6,666.48 16,203.15 5,508.24 1,444.58 1,026.89 3,272.14 12,344.99 1,817.04 1,179.00 5,540.20 1,747.43 1,148.23 6,850.13 43,770.46 4,253.26 17,042.18 1,738.21 23, 518.16 57,671.52 42,266.08 36.99 60,604.16 500.00 21,182.77 1,105.48 109,990.28 2,512.13 60, 913.29 9,396.79 5,624.05 90,245.72 2,774.70 1,562.41 19,671.81 22, 010.16 16,514.50 1,411.88 3,950.00 1,826,618.15 •EETING DATE Dec 15, 2009 City of National City, California COUNCIL AGENDA STATEMENT 13 AGENDA ITEM NO. / ITEM TITLE Warrant Register #21 for the period of 11/18/09 through 11/24/09 in the Amount of $695,106.41 PREPARED BY D. Gallegos -Finance DEPARTMENT EXPLANATION Finance Jeanette 619-336-4 Per Government Section Code 37208, attached are the warrants issued for the period of 11/18/09 through 11/24/09. EXT. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# NC Chamber of Commerce 230310 D-Max 230333 PTM General Eng 230365 Amount Explanation 70,000.00 50,611.33 242,307.00 Matching Grant -Debt Ret Campaign Storm Water Svcs Safe Routes to School Environmental Review N/A Financial Statement Not applicable. MIS Approvac)))4____,, l Approved By: Finance Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $695,106.41 BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #21 Resolution No. A-200 (Rev. 7/03) 1/3 PAYEE AMERICAN LUNG ASSOC OF CA CITY OF CHULA VISTA E2 MANAGE TECH, INC GE CAPITAL GEOSYNTEC CONSULTANTS J & M KEYSTONE INC N C CHAMBER OF COMMERCE PACIFIC BUSINESS CAPITAL CORP SDG&E STAPLES ADVANTAGE SWEETWATER AUTHORITY U S BANK CORPORATE PAYMT SYS URBAN FUTURES WADE & ASSOCIATES WHILLOCK CONTRACTING, INC. AGUIRRE AIRGAS-WEST ALL FRESH PRODUCTS kGON IIS AUSTIN DOORS BROADWAY AUTO ELECTRIC BROADWAY AUTO GLASS CALIFORNIA BAKING CO. CARQUEST AUTO PARTS CITY OF CHULA VISTA CLEAN HARBORS COAST INDUSTRIAL SYSTEMS, INC. COPY POST PRINTING D MAX ENGINEERING INC DAPPER TIRE COMPANY DOKKEN ENGINEERING ESGIL CORPORATION FEDEX G & A AUTO AIR CONDITIONING GRAINGER HAMILTON MEATS & PROVISIONS HARRIS & ASSOCIATES INFRASTRUCTURE ENGINEERING JOHN DEERE LANDSCAPES LASER SAVER INC LOPEZ "AN K-9 INC. (POWER OF SAN DIEGO ,.,�JOUGAL LOVE ECKIS SMITH & +r-F GIALIFORNI:A -�1- CI INCORPORATED WARRANT REGISTER # 21 11/24/2009 DESCRIPTION HUD HH DEMONSTRATION PROJECT PREPARE PLANS/SPECIFICATIONS BROWNFIELD GRANT PROGRAM INSTALLMENT FOR COPIER RENTAL ENVIRONMENTAL CONSULTING EXPERT & CONSULTING SVCS MATCHING GRANT -DEBT RET CAMPAIGN EQUIPMENT RENTAL (POWER POLES) 921 A AVE 10/16 - 11/17/09 MOP 45704 OFFICE SUPPLIES- HOUSING WATER UTILITES FOR CDC CREDIT CARD EXPENSES IMPLEMENTATION PREFORMANCE REVIEW PROFESSIONAL SVCS - MARINA GATEWAY RETENTION HEADSET HELIUM TANK REFILLS FOR NUTRITION FOOD FOR NUTRITION CENTER REFUND ON CITATION OVERPAYMENT SHERIFF'S ESUN ANNUAL FEE MATERIALS TO REPAIR DOOR ELECTRICAL PARTS FOR CITY VEHICLES WINDSHIELD FOR VEHICLE # 445 BREAD DELIVERY FOR NUTRITION MOP #47557 AUTO PARTS INSPECTION SERVICES FOR STREET HAZARDOUS WASTE PICKUP PIN, STR HDLS, #165947 POSTERS/FLYERS FOR SAFETY FAIR SEPTEMBER 2009 SERVICES TIRES FOR CITY FLEET SEPT 2009 SERVICES WESTFIELD MALL - RED ROBIN SPECIAL MAIL HANDLING - PD COMPRESSOR MOP #65179 MATERIALS & SUPPLIES MEAT DELIVERY FOR NUTRITION TRAFFIC ENGINEERING SERVICES CONTRACT FOR THE SAFE ROUTE MOP #69277 PIPES, VALVES MOP 45725 INK CARTRIDGE - FINANCE TRANSLATION SVCS 11/07/09 PD K9 TRAINING TEMP SVCS WEEK ENDING 11/08/09 CIVIL SVC COMMISSION CHK NO DATE AMOUNT 230304 11/24/09 10,898.31 230305 11/24/09 3,245 00 230306 11/24/09 11,410.71 230307 11/24/09 210.43 230308 11/24/09 8,505-09 230309 11/24/09 4,995.61 230310 11/24/09 70,000.00 230311 11/24/09 1,050.00 230312 11/24/09 169.26 230313 11/24/09 402.17 230314 11/24/09 636.20 230315 11/24/09 50.00 230316 11/24/09 6,045.00 230317 11/24/09 2,508.75 230318 11/24/09 13,127.36 230319 11/24/09 499.71 230320 11/24/09 23.76 230321 11/24/09 3,101.83 230322 11/24/09 20.00 230323 11/24/09 10,712.04 230324 11/24/09 2,504.42 230325 11/24/09 406.72 230326 11/24/09 171.41 230327 11/24/09 372.00 230328 11/24/09 69.43 230329 11/24/09 14,397.00 230330 11/24/09 589.96 230331 11/24/09 405.86 230332 11/24/09 85.03 230333 11/24/09 50,611.33 230334 11/24/09 1,516.52 230335 11/24/09 9,466.80 230336 11/24/09 16, 200.64 230337 11/24/09 43.38 230338 11/24/09 1,314.62 230339 11/24/09 46.38 230340 11/24/09 581.80 230341 11/24/09 9,875.00 230342 11/24/09 3,300.00 230343 11/24/09 135.29 230344 11/24/09 274.27 230345 11/24/09 140.00 230346 11/24/09 800 00 230347 11/24/09 1,164.80 230348 11/24/09 367.50 CALIFORNIA 2/3 PAYEE MCGUIRE DISTRIBUTING MILLER MISSION UNIFORM SERVICE MORE DIRECT MORRISON MYKIE'S LAWN & POWER EQUIPMENT NAPA AUTO PARTS NATHAN JOE ONE SOURCE DISTRIBUTORS PACIFIC AUTO REPAIR PADRE JANITORIAL SUPPLIES INC PERRY FORD PRO BUILD PRO -EDGE KNIFE PROJECT DESIGN CONSULTANTS PRUDENTIAL OVERALL SUPPLY PTM GENERAL ENGINEERING, SVCS RELIABLE TIRE CO. ROUNDS SAM'S ALIGNMENT SAN DIEGO MIRAMAR COLLEGE SAN DIEGO SPEEDO TACH, INC. SOLANA CENTER SOUTH BAY COMMUNITY SERVICES SOUTHERN CALIF TRUCK STOP SPARKLETTS STAPLES ADVANTAGE STEPHENS PUBLISHING COMPANY SYSCO SAN DIEGO TETRA TECH ASL, INC. TETRA TECH ASL, INC. THE SAN DIEGO UNION TRIBUNE THE WALL STREET JOURNAL TOM MOYNAHAN VCA MAIN ST ANIMAL HOSPITAL WADE & ASSOCIATES WEST GOVERNMENT SERVICES WESTFLEX INDUSTRIAL WOOD & WOOD WOOD & WOOD HORIZON HEALTH EAP MUNICIPAL CODE CORPORATION NATIONAL CITY HISTORICAL NATIONAL CITY HISTORICAL NATIONAL CITY HISTORICAL atatt INCORPO1d ATED WARRANT REGISTER # 21 11/24/2009 DESCRIPTION MILK/DAIRY DELIVERY FOR NUTRITION SUBSISTENCE:MOTORCYCLE BASIC ACADE WEEKLY CLEANING/LAUNDRY SVCS SERVER CERTIFICATE/PROCLAMATION FRAMES MOP #73133 AUTO PARTS MOP #45735 AUTO PARTS PC VIOLATION DISMISSED MOP #67256 ELECTRICAL MATERIALS SMOG CERTIFICATION & REPAIRS JANITORIAL SUPPLIES FOR NUTRITION MOP #45703 R&M AUTO EQUIPMENT MOP #45707 BUILDING MATERIALS KNIFE SHARPENING SERVICES CONSULTATION SERVICES MOP #45742 LAUNDRY SERVICES CONTRACTOR FOR THE NC SAFE RECYCLE TIRES SUBSISTENCE-SHERMAN BLOCK MOP #72442 R&M AUTO EQUIPMENT TUITION:REGIONAL OFFICERS TRAINING SPEEDOMETER CALIBRATIONS PURCHASING OF RECYCLED ITEMS REIMB - NCPD JUVENILE DELINQUENT MOP #45758 GAS, OIL, LUBRICANT WATER/DELIVERY FOR NUTRITION MOP 45704 OFFICE SUPPLIES-PD MATERIALS FOR FIRE DEPT. FOOD FOR NUTRITION CENTER PROVIDE SURVEYING FOR N C AS NEEDED ENG. CONSULTING SERVICES ADVERTISEMENT FOR JAZZ FESTIVAL SUBSCRIPTION MOP #45734 R&M AUTO EQUIPMENT K9 VET CARE PROJECT MGR FOR ST RESURFACING CHOICEPOINT/CLEAR INVESTIGATIVE MOP #63850 AUTO PARTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS EMPLOYEE ASST PROGRAM MUNICIPAL CODE OCTOBER 2009. PROMOTIONAL ACTIVITY PROMOTIONAL ACTIVITY PROMOTIONAL ACTIVITY CHK NO DATE AMOUNT 230349 11/24/09 904.29 230350 11/24/09 1,488.00 230351 11/24/09 123.32 230352 11/24/09 2,124.77 230353 11/24/09 96.58 230354 11/24/09 461.11 230355 11/24/09 537.66 230356 11/24/09 305.00 230357 11/24/09 521.82 230358 11/24/09 174.87 230359 11/24/09 192.60 230360 11/24/09 306.51 230361 11/24/09 859.70 230362 11/24/09 45.00 230363 11/24/09 22,520.20 230364 11/24/09 457.05 230365 11/24/09 242,307.00 230366 11/24/09 348.00 230367 11/24/09 419.58 230368 11/24/09 471.54 230369 11/24/09 195.00 230370 11/24/09 28.00 230371 11/24/09 678.19 230372 11/24/09 2,533.00 230373 11/24/09 39.04 230374 11/24/09 1.92 230375 11/24/09 313.41 230376 11/24/09 487.98 230377 11/24/09 6,845.54 230378 11/24/09 2,467.92 230379 11/24/09 780.00 230380 11/24/09 736.20 230381 11/24/09 381.28 230382 11/24/09 64.00 230383 11/24/09 129.94 230384 11/24/09 47,877.25 230385 11/24/09 400.00 230386 11/24/09 7.68 230387 11/24/09 12, 600.48 230388 11/24/09 2,431.00 230389 11/24/09 862.78 230390 11/24/09 516.13 230391 11/24/09 25.00 230392 11/24/09 25.00 230393 11/24/09 25.00 3/3 +�- CAI; R Ai ,lr,, ^�+ 0 4try INCORPOHATED WARRANT REGISTER # 21 11/24/2009 PAYEE DESCRIPTION CHK NO DATE AMOUNT TRISTAR RISK MANAGEMENT PRE -FUNDING FOR WORKER'S COMP 27786040 11/19/09 36,150.00 TRISTAR RISK MANAGEMENT PRE -FUNDING FOR WORKER'S COMP 27786195 11/19/09 30,529.52 AIP Total 684,247.25 Start Date End Date SECTION 8 HAPS PAYMENTS 11/18/2009 11/24/2009 10,859.16 GRAND TOTAL $ 695,106.41 CALIFORNIA �+ NATIONAL CITIr INCOAPOA ATED Warrant Register #21 11/24/2009 001 GENERAL FUND 105 PARKS MAINTENANCE FUND 111 P.O.S.T. FUND 125 SEWER SERVICE FUND 159 GENERAL PLAN UPDATE RESERVE 166 NUTRITION 172 TRASH RATE STABILIZATION FUND 301 GRANT-C.D.B.G. •307 PROPOSITION A" FUND 312 STP LOCAUTRANSNET HIGHWAY 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 629 INFORMATION SYSTEMS MAINTENANC 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 727 BUILDING AND SAFETY T & A DEPOSITS 39, 063.40 328.23 1,659.58 50,673.39 22,520.20 12,192.06 1,616.15 11,372.17 52, 860.65 5,272.45 243,235.00 648.00 10, 859.16 402.17 132, 851.72 3,636.11 81,711.00 1,936.00 13.86 6,054.47 16,200.64 695,106.41 EETING DATE City of National City, California COUNCIL AGENDA STATEMENT December 15, 2009 AGENDA ITEM NO. 14 ITEM TITLE Continued Public Hearing for, and Appeal of Thrifty Oil Company from Planning Commission Resolution No. 23-2009, Pertaining to a Proposed Planned Development, Tentative Subdivision Map, and Negative Declaration for a 72-Unit Condominium Complex Located at the Southeast Corner of East Plaza Boulevard and Palm Avenue (Applicant: Palm Plaza Associates, LLC) (Case File 2008-46 S, PD, IS) PREPARED BY Martin Reeder, 336-4313 DEPARTMENT Development Services/Planning EXPLANATION The project site consists of two parcels totaling 96,268 square feet, with frontages on both Palm Avenue and Plaza Boulevard. The properties are unimproved and zoned General Commercial — Planned Development (CG-PD). The easterly of the two properties is currently owned by the Community Development Commission and the developer is presently in negotiations with the City to purchase the property. The applicant is proposing to construct three condominium buildings, comprising 72 units, with 29,066 square feet of common open space and 145 parking spaces. Access to the site will be from Plaza Boulevard via a 20-foot driveway on the western side of the project. City Council continued the item from their November 17, 2009 to December 15, 2009, at the behest of Thrifty Oil Company, in order for them to work with the City and the applicant on a project design to be integrated with the current proposal. As of the writing of this report, a meeting has been scheduled to discuss a potential project per Thrifty's request (see attached e-mail). Details of this discussion will be provided at the Council meeting. The attached background report describes the original project in detail. Environmental Review x N/A Proposed Negative Declaration (2008-46 IS) Financial Statement N/A lanning Commission. IS ION RECOMMENDATION Planning Commission recommended approval of the Planned Development Permit & Tentative Subdivision Map. Ayes: Farias, Baca, Alvarado, Pruitt, Reynolds, Flores. Abstain: DeLaPaz. Approved By: Finance Director Account No. ATTACHMENTS (Listed Below) Resolution No. 1. Background Report 7. Notice of Appeal dated 11/3/09 from S. McKinley, Esq. 2. Resolution 23-2009 on behalf of Thrifty Oil 3. Location Map 8. Objections to Project dated 11/3/09 from S. McKinley, Esq. on 4. Proposed Negative Declaration and Initial Study on behalf of Thrifty Oil Company 5. Public Hearing Notice (Sent to 35 property owners) 9. Letter dated October 5, 2009 from Howard Burns, Thrifty Oil 6. Applicants Plans 10. Responses of City staff to the "Objections" (3 Memoranda) 11. Request for Continuance 12. Notice of Hearing before City Council Co. 13. E-mail from Thrifty Oil Co. A-200 (9/99) BACKGROUND REPORT The Planning Commission held a public hearing on October 5, 2009 to consider a Planned Development Permit and Tentative Subdivision Map for the project. The potential land sale transaction between the CDC and the Applicant was not before the Planning Commission. Following the public hearing, the Commission adopted Resolution No. 23-29, approving the Planned Development Permit and Tentative Subdivision Map. Because final approval of any Planned Development Permit or Tentative Subdivision Map must be by action of the City Council, a public hearing was scheduled for the City Council to consider these items for the November 3, 2009 City Council meeting. As with the Planning Commission, the potential land sale between the CDC and the Applicant was not before the Council. Prior to the November 3 hearing, an appeal of Planning Commission Resolution No. 23-29 was filed by Thrifty Oil Company, the owner of land adjacent to the project. Although the Municipal Code does not provide a mechanism for "appealing" the Planning Commission's approval of a Tentative Subdivision Map since final approval in all cases is by the City Council, the Planned Development Permit and Tentative Subdivision Map for this project are closely interrelated. Accordingly, the City Council continued the entire item to their November 17 meeting, at which time the appeal of the Planned Development Permit and the final approval of the Tentative Subdivision Map was to be considered. The "Notice of Appeal" and "Objections to Project" filed by Thrifty Oil Company are attached. Also attached are the responses of City staff to the "Objections." By letter dated November 9, 2009, a copy of which is attached, the attorney for Thrifty Oil Company requested that the November 17 hearing be continued to December 3, 2009. (The next regular meeting of the City council is on December 1, 2009). The meeting was continued to the December 15, 2009 meeting at the behest of Thrifty Oil Company in order for them to work with the City and the applicant on a project design to be integrated with the current proposal. City staff is working with Thrifty to set up a time to discuss potential project ideas per Thrifty's request (see attached e-mail). Details of this discussion will be provided at the Council meeting. Project Details: The applicant is proposing to construct the following: ▪ Three 24-unit buildings (72 units total); o Three stories of residential over garage parking (17 to 25 spaces each); o Units range from 1,000 to 1,142 square -feet; o Two or three bedrooms and two bathrooms per unit; o Covered balcony patios of between 60 and 100 square feet. • 29,066 square feet of common open space; o Tot lot; o Community Courtyard. O 3,241 square -foot clubhouse on the first floor of Building No. 1. • 145 parking spaces O 71 open parking spaces; O 74 garage parking spaces located at the ground level of each building. The General Commercial (CG) zone allows for one 34.8 units per acre with and an approved Conditional Use or Planned Development Permit; the proposed project density is 32.6 units per acre. The project meets several Housing Element goals including encouraging the production of new and quality housing affordable to all income ranges, as well as facilitating urban infill development to promote higher rates of homeownership. The project meets all City Land Use Code requirements (height, setbacks, minimum unit area, open space, etc) except side yard setback and parking. The applicant is requesting two exceptions to Land Use Code requirements: Less than required side yard setback of 13 feet where 20 feet is required, for Building, No. 2 adjacent to Thrifty gas station, and 145 parking spaces where 167 are required. Side yard setback: The required setback is twenty feet, five feet for each story. However, if a single story building was constructed, a minimum five-foot setback would be required: In addition, the existing buildings on the adjacent lot (Thrifty Gas Station) are 80 feet from the property line. The applicant is requesting the 7-foot reduction in order to allow for an adequate courtyard between Buildings 2 and 3 (tot lot). Parking: The required number of parking spaces is 156 spaces, two garage spaces per unit, plus guest parking as required per code for multi -family residential, as noted below. Garage spaces Open spaces Guest Spaces Total Required 144 N/A 12* 156 Proposed 73 58 14 145 *23 guest spaces are required, although half can be located on adjacent City streets Although more than the required guest spaces are provided (14), the development would have approximately half of the required garage parking spaces and would be short 11 spaces overall. The applicant is citing public transit availability as justification for the exception for parking. There are two bus stops within a quarter mile of the project site as well as a proposed Bus Rapid Transit route on Interstate 805 that is anticipated within 5 to 10 years (SANDAG), which would stop at Plaza Blvd. It should be noted that an apartment complex of 72 units would only require 120 parking spaces. The reduction would be less than 7% of the required amount of parking. Traffic: Plaza Boulevard is proposed to be widened in the near term (Plaza Boulevard Widening Project) to six lanes, including a median. The Traffic Impact Report that was submitted with the project requires that design features be incorporated into the project to prohibit outbound left turns at the project driveway, as well as prohibit inbound left turns after Plaza Boulevard is widened. These features include a stop sign at the exit and will also necessitate signage prohibiting outbound left turns. Based on comments from the City's Transportation Engineer, the project would not generate a potentially significant impact at the project driveway during the p.m. peak period under both existing project and near -term project conditions with these design features in place. A Condition of Approval is included to address the no left turn requirement. Environmental: In compliance with the California Environmental Quality Act (CEQA), an Initial Study was prepared to analyze potential environmental impacts. Based on the review of the project and determination of no potential significant impacts, a proposed Negative Declaration was prepared for the project (see Attachment 4). Planning Commission held a public hearing on October 5, 2009 at which time Commissioners asked questions regarding Conditions of Approval, timing of construction, City negotiations regarding sale of property, and Future Street widening plans. Three people spoke with questions and concerns on the proposed development. A representative from Thrifty Oil Company, a neighboring property owner, had questions regarding the sale of the property and about off -site guest parking. An area resident also spoke, suggesting alternate design scenarios including the Thrifty Oil -owned property and commented on the amount and safety of available street parking on Palm Avenue. The applicant spoke to these comments citing their ongoing communication with both the City and Thrifty Oil regarding development of the property, and stated that the project exceed minimum requirements for guest parking. Another neighboring property owner had concerns regarding the floodplain in the area and also regarding future street widening, although these comments were not specific to the project under consideration. The Planning Commission voted to approve the Planned Development Permit and Tentative Subdivision Map, including a finding of no significant environmental effect, based upon the Findings for Approval and subject to Conditions of Approval. RESOLUTION NO. 23-2009 A RESOLUTION OF "THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP, PLANNED DEVELOPMENT PERMIT AND PROPOSED FINDING OF NO SIGNIFICANT ENVIRONMENTAL EFFECT FOR A 72-UNIT CONDOMINIUM COMPLEX LOCATED NEAR THE SOUTHEAST CORNER OF EAST PLAZA BLVD. AND PALM AVENUE APPLICANT: GARY WATTS. CASE FILE NO. 2008-46 S, PD, IS WHEREAS, application was made for approval of a Tentative Subdivision Map, Planned Development Permit and Proposed Finding of No Significant Environmental Effect for a 72-unit condominium complex located near the southeast corner of East Plaza Blvd. and Palm Avenue on property known as APN 557-410-20-00 and generally described as: Parcel 3 of Parcel Map No_ 13257, in the City of National City, In the County of San Diego, State of California, Filed in the Office of the County Recorder of San Diego County, May 8, 1984 as File No. 84-170925 of Official Records_ WHEREAS, the Planning Commission of the City of National City, California, considered said application at a duly advertised public hearing held on October 5, 2009, at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report provided for Case File No. 2008-46 S, PD, IS, which is rnaintained 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 hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE ET RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on October 5, 2009, support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF NEGATIVE DECLARATION 1. That the Negative Declaration (2008-46 IS) has been read and considered together with any comments received during the public review process; and, 2. That based on the whole record including the Initial Study, there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE SI_JBDIV[SION MAP 1. The proposed subdivision will not have a significant effect on the environment, since the site is located within a fully urbanized area and design elements incorporated into the project will minimize any potential impacts. 2. The proposed map is consistent with the National City General Plan and Housing Element, since the proposed multi -family residential development, at a density of 32.6 units per acre, is less than the 34.8 units per acre allowed in the General Commercial (CG) Zone, and the proposed infill development increases the available housing units in the City. 3. The site is physically suitablefor the proposed type of development, since the proposed multi -family residential development will add to the urban character of the area there are no unusual geologic ha7ards on -site, and a recent amendment to the applicable Flood Insurance Rate Map (FIRM) for the area has determined that the project site is not within a floodway zone The site is physically suitable for the proposed density of development, since the four-story development will have more than the required open space, adequate site access and amenities, and the design is consistent with the City's Design Guidelines. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since there is no natural habitat nor bodies of water on the site, and the site is surrounded by urban development 6. The design of the subdivision and the proposed/required improvements would not result in impacts to public services, since all necessary public services are available and will be provided. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 8. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6, since the design and implementation will be consistent with Best Management Practices and City standards_ The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. RECOMMENDED FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. That the site for the proposed use is adequate in size and shape, since the 2.2-acre site can acconunodate the development of three 24-unit, four-story condominium buildings with adequate access, parking, common areas, and private open space for each unit. 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 Plaza Boulevard (an arterial street) has sufficient capacity to adequately handle the approximately 432 average daily trips (ADT) generated by the project without a significant decrease in their operating levels of service, and since traffic controls limiting left turns onto Plaza Boulevard will improve circulation at the Plaza Boulevard and Palm Avenue intersection. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the site is surrounded by corridor cornrncrcial uses (gas station, hotel, check cashing, and restaurant) and other multi -family residential uses to the south; therefore, the project would not divide an established community. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will provide new housing stock, ownership and rental opportunities, and promote the development and use of a currently underutilized property_ RECOMMENDED FINDINGS FOR APPROVAL OF THE EXCEPTION FOR A LESS THAN REQUIRED SIDE YARD SETBACK I. The exception will not be detrimental to the public health, safety, welfare or be detrimental to the use of other properties in the vicinity, since the affected setback is adjacent to a gas station whose operations area is more than 80 feet away from the subject property line. Granting of the exception is in accordance with the intent and purposes of Title 17, and is consistent with the General Plan and with all specific plans or other plans of the City, since the General Plan encourages the creation of home ownership opportunities, and the reduced setback is consistent with single -story construction standards. RECOMMENDED FINDINGS FOR APPROVAL OF TILE EXCEPTION FOR A LESS THAN REQUIRED PARKING The exceptions will not be detrimental to the public health, safety, welfare or he detrimental to the use of other properties in the vicinity, since an apartment complex of the same number of units would need less parking, and since the reduction is minor (less than 7% of the required amount of parking). 2. Granting of the exceptions is in accordance with the intent and purposes of Title 17, and is consistent with the General Plan and with all specific plans or other plans of the City, since the General Plan encourages the creation of home ownership opportunities, which the requested exception facilitates, and since the reduction is minor (less than 7% of the required amount of parking)_ BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, the Planning Commission hereby recommends approval of said Tentative Subdivision Map and Planned Development Permit for 72 condominium complex on a 1.07-acre site located near the southeast corner of East Plaza Blvd. and Palm Avenue subject to the following conditions: General 1. This Conditional Use Permit authorizes a 72-unit condominium development located on the property located southeast of the Thrifty gas station located at 1606 E Plaza Blvd., as shown on the attached plans (Exhibit A=Revised, B-Revised and C, case file no. 2008-46 S, PD, IS, dated 9/4/2009). 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 Division. 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_ 5. Before this Planned Development Permit and Tentative Subdivision Map 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 Planned Development Permit and Tentative Subdivision Map. The applicant shall also submit evidence to the satisfaction of the Development Services 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 Planned Development Permit and Tentative Subdivision Map 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 Development Services Director prior to recordation. Building 6. Ml plans shall 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. 7. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. Engineering 8. A hydrology study (100 year flood) is required for the new project_ The study should consider the proposed project area to the closest municipal storm drain collection point The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Division requirements. 9. 1'he Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Division. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Division. 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. 10. A Standard Urban Stormwater Management Plan (SUSMP) prepared by a Registered Civil Engineer with appropriate fee shall be submitted for review and approval .by the City Engineer prior to issuance of a grading permit. 1I. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 12. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 13. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Division. 14. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharges of storm water runoff associated with construction greater than 1 acre activity where clearing, grading, and excavation results in a land disturbance_ A construction storm water permit shall be obtained from the Regional Water Quality Control Board. A copy of shall be given to the City of National City Engineering Division prior to any work beginning on the project. 5 15. A Notice of [Went (NOI) shall be filed with the Regional Water Quality Control Board (RWQCB). 16. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 17. A soils engineering report shall be submitted for Engineering Division review, after Planning Conunission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. Alt soils report findings and recommendations shalt be part of the Engineering Division requirements. 18. An existing 20 foot wide drainage easement reserved to the City of National City exists on the property and no building encroachment will be allowed within the easement. The easement shall be shown on the plans. 19. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced (on Palm Avenue and Plaza Boulevard)_ 20. A permit shall be obtained from the Engineering Division for all improvement work within the public right-of-way, and any grading construction on private property. 21. Street improvements shall be in accordance with the City Standards. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 22. The title report shall be submitted to the Engineering Division, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 23. All new dwellings are subject to a $2,000 Traffic Impact Fee per unit This includes new homes, condos and apartments. Separate traffic signal plans will be required. 24. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shalt be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 25. The final map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation_ 26. The developer shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow. If determined by the Fire Department that additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the final map approval_ 27_ The developer shall bond for the monumentation, the public improvements and the on - site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 28. SUSMP documentation must be submitted and approved. 29. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 30. The final map shall be recorded prior to issuance of any building permit_ 31. All new property line survey monuments shall be set on private property, unless otherwise approved. 32. Theparcel map/final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the systems. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown_ 33. Driveway access to Plaza Blvd. shall be limited to right turns only. City staff will monitor citations and accident history at the project driveway. Should collisions increase as a result of illegal left turns at the project driveway, the property owner and/or homeowners association shall be responsible for installing a physical barrier to prohibit left turns onto Plaza Blvd. Fire 34. The project shall be in compliance with NFPA 2007, CFC 2007 edition, title 19 and local City of National City Municipal Codes_ 35. The applicant shall maintain internal roadway access for fire apparatus in accordance with the current California Fire Code and California Vehicle Code by providing an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet, 6 inches_ Where the internal access roadway width would be reduced below 20 feet due to parked vehicles, the applicant shall post "No Parking Fire Lane" signs and/or paint the adjacent curb or pavement (if no curb provided) red with "No Parking Fire Lane" stenciled in white letters at intervals of 25 feet, to the satisfaction of the Fire Marshal and City Engineer. Furthermore, the following piles shall apply unless an exception is granted by the Fire Marshall and/or City Engineer: 1) parking shall be prohibited on both sides for roadway widths less than 30 feet, 2) parking shall be prohibited on one side only for roadway widths between 30 feet and 40 feet, and 3) parking is permitted on both sides for roadway widths greater than or equal to 40 feet. 36. Upon submittal for building permit, data sheets for Back -Flows, Private and Commercial Hydrants, and Post Indicator Valves shall be provided. 37. The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. Alt access roads shall be no less than 20 feet wide, no less than 13 feet 6 inches high and shall have an all weather road with the ability to support 75 thousand pounds or greater_ Please contact the "Fire Administration Office" for additional requirements for fire turn -around etc. 38_ Fire hydrants shall be located throughout the project with a separation distance of no greater than 300 feet Fire hydrants shall be located within 300 feet of all locations which are roadway accessible_ (Measurement starts from nearest existing fire hydrant to project). 39. Fire hydrant information shall be provided at building permit review including size and location; size and number of outlets; and whether outlets are to be equipped with independent gate valves. 40. All fire hydrants shall be of three outlet design (Commercial Hydrant). 41. Provide calculations confirming flow availability to meet fire flow demands and supply a large diameter hose (4-inch). 42. Fire hydrants shall be marked by use of blue reflective marker in the roadway. 43. Exit Signs shall be illuminated with green lettering per National City Ordinance. 44. FDC caps shall be Knox FDC Plugs. 45. Entrance/exit gates shall be equipped with Knox Box and Emergency Strobe so as to provide emergency vehicle access and egress in compliance with Municipal Code Chapter 10.47. 46. Fire Sprinkler, Fire Alarm and Fire Protection systems plans shall be submitted under a separate permit directly to the Fire Department for review and perntitting. Fees along with three sets of plans including all "Cut Sheets and Calculations" shall be included upon submittal. 47. During construction, the project shall comply with Chapter 14 of the CFC 2007 edition "Fire Safety during Construction Alteration or Demolition of a Building"_ 48. Every building four stories or higher shall be provided with not less than one standpipe for use during construction. Such standpipes shall be installed when the progress of construction is not more than 35 feet in height above the lowest level of Fire Department access. Such standpipes shall be provided with Fire Department hose connections at accessible locations adjacent to such useable stairs and the standpipe outlets shall be located adjacent to such useable stairs. Such standpipe systems shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring. On each floor there shalt be provided a 2 Yz-inch valve outlet for Fire Department use. 49. The applicant shall maintain internal roadway access for fire apparatus in accordance with the current California Fire Code and California Vehicle Code by providing an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet, 6 inches. Where the internal access roadway width would be reduced below 20 feet due to parked vehicles, the applicant shall post "No Parking Fire Lane" signs and/or paint the adjacent curb or pavement (if no curb provided) red with "No Parking Fire Lane" stenciled in white letters at intervals of 25 feet, to the satisfaction of the Fire Marshal and City Engineer. Furthermore, the following rules shall apply unless an exception is granted by the Fire Marshall and/or City Engineer 1) parking shall be prohibited on both sides for roadway widths less than 30 .feet, 2) parking shall be prohibited on one side only for roadway widths between 30 feet and 40 feet, and 3) parking is permitted on both sides for roadway widths greater than or equal to 40 feet. Planning 50. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 51. The developer shall provide a declaration of covenants, conditions and restrictions, running with the (and, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of parking areas, walks, buildings, utilities recreational facilities and open spaces prior to approval of the final map. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated. costs. 52. The CC&Rs shall contain a clause that allows the City the right, but not the duty, to enforce the maintenance obligations of the condominium association regarding maintenance of landscape and the external appearance of the common areas, and, when required to be installed, on -going maintenance of any storm water treatment facility. The clause shall allow the City to lien the association property and each individual parcel in the event the City elects to perform such 53. The CC&Rs shall include language to restrict the accumulation of junk pursuant to Chapter 7.12 of the Municipal Code and storage of litter, debris and rubbish pursuant to Chapter 7.14 of the Municipal Code on exterior walkways, decks, and patios. 54. Prior to recordation of the Final Map, the applicant shall submit a Grant Deed, Title Report and/or agreement authorizing control of all property associated with this application. 55. At the time of Building Permit, a handicap -accessible and pedestrian walkway plan shalt be submitted indicating accessible and efficient access throughout the property and to adjacent street s and sidewalks. 56. At the time of Building Permit, an exterior lighting plan shall be provided in conformance with National City Land Use Code § 18.60.010_ The plans shall also show walkway lighting as well as building and parking lot lighting. 57. All requirements for this project as stated in the letter from Sweetwater Authority, dated October 29, 2008 shall be provided and/or incorporated into building plans. 58. The trash enclosures shall have a stucco exterior that is painted to match the proposed buildings and shall also have a roof to the satisfaction of the Development Services Director. 59. A landscape and below -grade irrigation plan shall be submitted that reflects the approved landscape concept plan. The plans shall reflect the plant species, number, and plant sizes, the location and detail of playground equipment, directional sign at entrance, all fencing and gates, parking lot and walkway lighting, and enhanced paving. The plans shall be submitted with the building permits for review and approval by the Planning Division. Police 60. If the parking garages and/or pedestrian access to the property arc to be gated, a Knox Box shall be installed at each entrance to said garages and entrance in compliance with Municipal Code Chapter 10.47. 9 BE IT FURTHER RESOLVED that the Planning Commission has considered the proposed Negative Declaration (2008-46 IS) together with any comments received during the public review process, and finds on the basis of the whole record (including the Initial Study and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment, and that the proposed Negative Declaration reflects the City's independent judgment and analysis, and hereby recommends approval of the proposed Negative Declaration. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of October 5, 2009, by the following vote: AYES: Farias, Baca, Alvarado, Pruitt, Reynolds, Flores NAYS: ABSENT: DeLaPaz ABSTAIN: CHAIRMAN Subject Pareet - - - Zone B.ou;r d,ary 0 337.5 675 IFee 1,350 APN: 557-410-20 & 26 Planning Commission October 5, 2009 2008-46 S, PD, IS Location Map Project Title: Applicant: P "- PNCPR('p• T6irt fol CITY OF NATIONAL CITY DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PROPOSED NEGATIVE DECLARATION Tentative Subdivision Map and Planned Development Permit for a 72-unit condominium complex at the southeast comer of Palm Avenue and Plaza Boulevard. Case file 2008-46 S, PD, IS Gary Watts 2505 Congress Street San Diego, CA 92110 Address of Project: A 2.2-acre site at the southeast corner of Palm Avenue and Plaza Boulevard, within the City of National City (APNs 557-410-20 and 557- 410-26) Project Description: The project site, consisting of two existing parcels, is a 96,268 square -foot L-shaped property that has frontages on both Palm Avenue and Plaza Boulevard. The property slopes downward approximately 30 feet from the west side and southwest comer for the first 40 to 80 linear feet of the property before leveling out. The property then slopes gently downward to the northeast from approximately 60 feet to 56 feet. The properties are unimproved and contain minimal non-native vegetation. The applicant is proposing to construct three condominium buildings, comprising 72 units, 29,066 square feet of common open space and 71 open parking spaces. Each of the three buildings would be situated above a ground level parking garage with between 17 and 25 parking spaces (65 total). The 72 units will range from 1,000 to 1,142 square -feet, have two or three bedrooms and two bathrooms, and covered patios of between 60 and 100 square feet The primary construction materials include a stucco finish and concrete roof tiles. Access to the site will be from Plaza Boulevard via a 20-foot driveway. The applicant proposes exceptions to the City's development standards for a reduced sideyard setback from the requires twenty feet to thirteen feet and a reduction in the reduction in the required parking from 156-spaces to 145-spaces. 1. PROJECT TITLE/PROJECT #: 2. LEAD AGENCY: Contact: Phone: 3. PROJECT LOCATION: 4. PROJECT PROPONENT: Contact: Phone: 5. COMBINED GENERAL PLAN/ ZONING DESIGNATION: Tentative Subdivision Map and Planned Development Permit for a 72-unit condominium complex at the southeast corner of Palm Avenue and Plaza Boulevard — 2008-46 IS City of National City Planning Division 1243 National City Boulevard National City, CA 91950 Martin Reeder, Assistant Planner (619) 336-4310 2.2-acre site at the southeast corner of Palm Avenue and Plaza Boulevard, within the City of National City (APNs 557-410-20 and 557-410-26) Gary Watts 2505 Congress Street, San Diego, CA 92110 Gary Watts (619) 298-1828 x143 General Commercial Planned Development zone (CG-PD) 6. ASSOCIATED APPLICATIONS: 2008-46 S, PD 7. PROJECT DESCRIPTION: The project site, consisting of two existing parcels, is a 96,268 square - fool L-shaped property that has frontages on both Palm Avenue and Plaza Boulevard. The property slopes downward approximately 30 feet from the west side and southwest corner for the first 40 to 80 linear feet of the property before leveling out. The property then slopes gently downward to the northeast from approximately 60 feet to 56 feet. The properties are unimproved and contain minimal non-native vegetation. The applicant is proposing to construct three condominium buildings, comprising 72 units, 29,066 square feet of common open space and 71 open parking spaces. Each of the three buildings would be situated above a ground level parking garage with between 17 and 25 parking spaces (65 total). The 72 units will range from 1,000 to 1,142 square -feet, have two or three bedrooms and two bathrooms, and covered patios of between 60 and 100 square feet. The primary construction materials include a stucco finish and concrete roof tiles. Access to the site will be from Plaza Boulevard via a 20-foot driveway. l9 Proposed Negative Declaration Case File No. 2008-46 S, PD, IS As part of the project, the applicant submitted a Letter of Map Revision (LOMR) to the Federal Emergency Management Agency (DHS-FEMA) in order to revise the extent of the 100-year floodplain (Zone AE) and remove the Floodway (FW) designation across the property (the Floodway designation has since been removed from the subject property). Environmental Findings: The Proposed Negative Declaration (2008-46 S, PD, IS) has been considered together with any comments received during the public review process, and based on the whole record, there is no substantial evidence that the project will have a significant effect on the environment and that the Proposed Negative Declaration and Environmental Checklist reflect the City's independent judgment and analysis. Date: November 2, 2009 Peggy n,''rincipal Planter Initial Study - Page 2 of 17 As part of the project, the applicant submitted a Letter of Map Revision (LOMR) to the Federal Emergency Management Agency (DHS-FEMA) in order to revise the extent of the 100-year floodplain (Zone AE) and remove the Floodway (FW) designation across the property (the Floodway designation has since been removed from the subject property). 8. OTHER AGENCIES WHO'S APPROVAL MAY BE REQUIRED (AND PERMITS NEEDED): Federal Emergency Management Agency (Letter of Map Revision) ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or is "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. ❑ Land Use & Planning ❑ Population & Housing El Geological Problems ❑ Water ❑ Air Quality DETERMINATION: (To be completed by the Lead Agency) ❑ Transportation/Circulation ❑ Biological Resources ❑ Energy & Mineral Resources ❑ Hazards ❑I Noise ❑ Mandatory Findings of Significance On the basis of this Initial Evaluation: ❑ Public Services ❑ Utilities & Service Systems ❑ Aesthetics ❑ Cultural Resources ❑ Recreation I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect (I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or is "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effect that remains to be addressed. //a Date Printed Name: MARTIN REEDER Title: ASSISTANT PLANNER /5 Initial Study - Page 3 of 17 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 "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to the project. A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards. 2. All answers must take account of the whole action involved. Answers should address off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has -determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence than an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 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). G. 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. Initial Study - Page 4 of 17 ISSUES with Supporting Documentation & Sources I_ AESTIIETICS - Would the project: Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation Incorporaho n a) Have a substantial adverse effect on a scenic vista? ❑ ❑ 0 b) Substantially damage scenic resources, including, but not limited 0 ❑ ❑ El to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the ❑ 0 ❑ site and its surroundings? d) Create a new source of substantial light or glare which would 0 ❑ 0 adversely affect clay or nighttime Views in the arca? Discussion: The site is located within an urbanized commercial corridor and is surrounded by corridor commercial uses (gas station, hotel, check cashing, restaurant) and residential uses to the south and west. The site has an approximate elevation of 54 feet above sea level. Properties located to the west are between 35 and 40 feet higher and properties to the south are 24 to 36 feet higher than the subject property_ The proposed buildings will be 52 feet high, 12 to 28 feet taller than the elevations of surrounding properties, not counting the height of existing buildings in these areas. There are no scenic vistas in the 'area, given it's urbanized character and topography, therefore there is no impact. The proposed project site is currently vacant and contain minimal non-native vegetation, thus not containing any scenic resources. The proposed development includes three new mulit-family buildings with 72 units with varied building materials and architectural elements, as well as the standard associated improvements and landscaping Development of the site would improve aesthetics of the area by providing ornamental and drought -tolerant landscaping and construction of 72 residences, where there is currently little vegetation and a vacant property. Therefore, the proposed project would not have a significant adverse effect on scenic resources, since implementation of the project would provide a cohesively -designed, well -landscaped multi-farnily complex. The proposed development would consist of residential units that would include design features to direct lighting to the project site and avoid spillover to adjacent areas. (Sources: 1, 2, 3, 4, 18) 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: Potentially Less Than Lcss Than No Significant Significant w/ Significant Impact Impact Mitigation. Impact Incorporation 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? b) Conflict with existing zoning for agricultural use, or a Williamson ❑ ❑ ❑ Act contract? 17 initial Study - Page 5 of 17 Potentially Less Than Less Than No Significant Significant Significant impact ISSUES with Supporting Documentation & Sources Impact w/ Impact Mitigation Incorporatio n 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? Discussion: National City is a built -out community and there is no farmland mapped or planned to be mapped within the City, or more specifically on the project site. The site was previously developed as a commercial use and is currently vacant. it is currently zoned for commercial use, and no Williamson Act contract is associated with the land; therefore, the development would have no impact on agricultural zoned areas. (Sources: 1, 4) III_ AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Conflict with or obstruct implementation of the applicable air ❑ ❑ ❑ quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? ❑ ❑ ❑ ❑ ❑ ❑ ❑ e) Create objectionable odors affecting a substantial number of ❑ 0 ❑ people? Discussion: The County of San Diego is in attainment for all California Clean Air Act (CCAA) pollutants with the exception of ozone. The proposed project includes the development of a 72-unit multi -family development on a currently vacant property, and does not include any design components that would obstruct the Regional Air Quality Strategy (RAQS) for San Diego County. According to vehicular traffic generation data published by the San Diego Association of Governments (SANDAG) the project would result in an approximate increase of 432 daily vehicle trips_ Emissions resulting from developing the site would he directly related to the amount of vehicular traffic generated by the facility. Consequently, while the proposed project would have an incremental impact to area -wide air -quality based on increased traffic levels, however, the individual impacts attributed to this project will riot cause ambient air -quality standards to be exceeded or have a significant impact on air quality. As the project site has some slopes, the proposal is anticipated to require moderate grading on -site. However, any impacts from construction equipment and operations would be minimal and temporary in nature and the project applicant would be required to implement dust control measures. While dust from grading and other site preparation would generate particulate matter emission, due to the limited period in which grading will be conducted, and with appropriate use of Best Management Practices (BMP) for dust control, site clearance and grading, the project would result in an extremely small contribution to the San Diego Air Basin (SDAB) and therefore would not result in a significant impact. (Sources: 4, 7, 12) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Mitigation 1 c7 Initial Study - Page G of 17 Potentially Less Than Less Than No Significant Significant Significant Impact ISSUES with Supporting Documentation & Sources Impact wI Impact Mitigation lncorporatio IV. BIOLOGICAL RESOURCES — Would the project: Impact Incorporation Impact a) Have a substantial adverse effect, either directly or through habitat ❑ ❑ ❑ N modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game (CDBG) or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other ❑ ❑ ❑ sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game (CDFG) or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as ❑ ❑ ❑ Ei 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? d) Interfere substantially with the movement of any native resident or ❑ 0 ❑ EA migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological 0 0 ❑ CO resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation ❑ ❑ ❑ IA Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Discussion: The project site was previously developed and the prior structres removed . Currently, the vacant site contains minimal non-native vegetation. Also, no jurisdictional wetlands, other sensitive habitat, or sensitive species are located on the property; and data provided by the U.S. Fish & Wildlife Service indicate the proposed project site contains no jurisdictional wetlands or jurisdictional waters of U.S. or state -defined streambeds. The project site is located completely within an urbanized area, surrounded by development and contains no sensitive habitats or biological resources that are protected by local policies or ordinances. There are also no adopted habitat conservation plans within the City of National City.; therefore, the proposed development would have no impact on biological resources. (Sources: 1, 2, 4, 5) 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? Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ b) Cause a substantial adverse change in the significance of an ❑ ❑ archaeological resource pursuant to 15064.5? c) Directly or indirectly destroy a unique paleontological resource or 0 ❑ ❑El site or unique geologic feature? d) Disturb any human remains, including those interred outside of ❑ ❑ ❑ El formal cemeteries? iy Initial Study - Page 7 of 17 ISSUES with Supporting.Documentation Sc Sources Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation Incorporatio n Discussion: No historical or archaeological resources as defined in Sertion 15064.5 are known to exist on the proposed project site_ Additionally, the developed nature of the area as a commercial area, suggests that no impacts to archaeological resources are anticipated. No cultural resource constraints are known to exist on the currently vacant project site. As such, there is a relatively low probability of disturbing any human remains and therefore, no significant impact In the event of the accidental discovery or recognition of any human remains during construction, the applicant shall take all appropriate steps as required by relevant federal, state, and local laws. Therefore, the proposed project would not result in a significant impact to cultural resources_ (Sources: 1, 4) VI. GEOLOGY & SOILS Would the project a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most ❑ ❑ ❑ El recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ❑ Ei iii) Seismic -related ground failure, including liquefaction? ❑ ❑ ❑ El iv) Landslides? ❑ ❑ 0 El b) Result in substantial soil erosion or the Toss of topsoil? ❑ ❑ ❑ El c) Be located on a geologic unit or soil that is unstable, or that would ❑ ❑ 0 El become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the ❑ ❑ ❑ Uniform Building Code (1994), creating substantial risks to life or ProPertY? e) Have soils incapable of adequately supporting the use of septic ❑ ❑ ❑ igi tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Discussion: California Geological Survey information indicates the site is not located within an Alquist-Priolo Special Studies Zone, and there are no known active or potentially active faults that intercept the project site; therefore, the potential for ground rupture at this site is considered low. The nearest active fault to the site is the Rose Canyon Fault, located approximately three miles to the northwest. Accordingly, the site is not considered to possess a significantly greater seismic risk than that of the surrounding area in general. The site is not within an area susceptible to landslides and not within a fault zone, slide prone area or an area susceptible to liquefaction; therefore there is no impact or increased exposure to landslides due to the proposed project. It should be recognized that Southern California is an area that is subject to some degree of seismic risk and that it is generally not considered economically feasible nor technologically practical to build structures that are totally resistant to earthquake -related hazards. Construction in accordance with the minimum requirements of the Uniform Building Code should minimize damage due to seismic events. Due to the number and nature of the active and non -active fault lines within the southern California region, it can not be known when earthquakes will occur; therefore, there is a less than Initial Study - Page 8 of 17 ISSUES with Supporting Documentation & Sources Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation Incorporatio n significant impact. Proposed plans include substantial non -permeable development (three apartment buildings with 72 units and all additional open areas are proposed to be landscaped. Additionally, all design and construction will require conformance with City's stormwater ordinance. Therefore, there is no impact or increased substantial erosion due to the proposed project. The proposed project site would have traditional sewer laterals, which will connect with the existing sewer system that serves the City. There would be no use of septic tanks or alternative waste water disposal systems; therefore, no impact. (Sources: 2, 4, 13) VII. HAZARDS & HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment ❑ ❑ ❑ igi through the routine transport, use, or disposal of hazardous materials? h) 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? c) Emit hazardous emissions or handle hazardous or acutely ❑ ❑ ❑ hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous ❑ ❑ ® ❑ materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 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? 0 For a project within the vicinity of a private airstrip, would the ❑ ❑ ❑ project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or ❑ ❑ ❑ death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlatds? ❑ ❑ ❑ Discussion: The proposed project site is not within an area identified as a hazardous materials site. There has been no prior use of the property that involved hazardous materials, nor is the proposed multi -family residential use of the site associated with any anticipated hazardous materials. Also, the site is not within two miles of a public or private airport or associated airport plan. Although the site is not on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5, the Thrifty Gas Station, located northwest of the site, has had a documented leaking underground storage tank (LUST) case. �1 Initial Study - Page 9 of 17 ISSUES with Supporting Documentation & Sources Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation lncorporatio n Furthermore, in the Regulatory Document Review presented by SCS Engineers as part of the application, there is a high likelihood that constituents of concern (CoC)-bearing groundwater may have migrated beneath the project site. As part of the project submittal, the applicant provided documentation of a Soil Vapor Study that was conducted in 2006 in order to follow up on the LUST case. Based on information contained in the Regulatory Document Review, volatile organic compounds (VOCs) were not reported and that there is a low likelihood that significant human health risks exist at the project site as a result of vapor phase migration of VOCs. The review determined the low health risk likelihood based on the project being constructed at grade and that there would be no soil export. Therefore, there would be a less than significant impact with regard to hazardous materials. The project is not adjacent to any wildlands or land subject to wildland fires; therefore there would not he any significant risk of foss, injury or death involving wildfires. Therefore would not be an impact. (Sources: 1, 2, 4, 10, 13, 14) VIII. HYDROLOGY AND WATER QUALITY Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Violate any water quality standards or waste discharge ❑ ❑ ❑ El requirements? b) Substantially deplete groundwater supplies or interfere 0 ❑ ❑ El substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, ❑ ❑ 0 El including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or arca, ❑ ❑ ❑ including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by sciche, tsunami, or mudflow? O ❑ ❑ El O ❑ ❑ El ❑ ❑ ® 0 ❑ 0 ® 0 O ❑ 0 El ❑ ❑ ❑ vi Initial Study - Page 10 of 17 ISSUES with Supporting Documentation Sc Sources Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation Incorporatio n Discussion: The proposed project is subject to state and local stormwater requirements including appropriate design features that adequately address water quality discharge requirements; therefore, there would be no significant impact. Also, the site is located in an urbanized developed area and includes appropriate construction and permanent best management practices that would not significantly impact water quality. The existing drainage has previously been accommodated through a concrete channel located below Plaza Blvd. The requirements of the permit would control drainage on -site and not create an adverse effect to the natural drainage pattern of the site. The project will also be subject to state and local stormwater requirements, including appropriate drainage facilities to ensure adequate drainage on -site or into a city stormwater facility. Development of the project will not substantially increase the rate or amount of surface runoff and create flooding, nor will it create substantial erosion or siltation; therefore, there would be no significant impact. The site was previously located within the boundaries of both the 100-year and 500-year flood zones as designated on the current Flood Insurance Rate Map (FIRM), as well as within a designated Floodway zone in the City. However, as part of the project, the applicant submitted a Letter of Map Revision (LOMR) to the Federal Emergency Management Agency (DHS-FEMA) that revised the extent of the 100-year flooplain (Zone AE) and removed the Roadway (PW) designation across the property. Conditions of Approval for the associated Development Permit would require compliance with all City codes and regulations, including requiring that the first habitable floor be constructed above the Base Flood Elevation as designated on the FIRM under Zone AE in this area; therefore, there would be a less than significant impact. The area is not within a failure area of a levee or dam; therefore, there would be no exposure of people or structures to any significant risks. The area is several miles inland from the San Diego Bay and other water features that would create the natural disasters mentioned above; therefore, there is no impact_ With the floodplain zone revision and development approval, there would be no conflict with any applicable plan, policy or regulation. Without the floodplain zone revision, no construction would be permitted; therefore there would be a less than significant impact. (Sources: 1, 2, 4, 15) IX. LAND USE & PLANNING Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ ❑ ❑ ❑ ❑ Discussion: The site is surrounded by corridor commercial uses (gas station, hotel, check cashing, restaurant) and residential uses to the south and southwest; therefore no established community would be divided. The area immediately to the south also includes similar multi -family development. The current zoning for the property is General Commercial (GG),--which allows for one unit per 1,250 square feet with and an approved Conditional Use or Planned Development Permit (34.8 units per acre). The proposed project would be for a 72-unit multi -family development on a 96,268 square -foot lot (32.6 units per acre). Therefore, the proposed project would not conflict with the General Flan density or housing style requirements; therefore, there will be no impact. The City's Land tJse Code allows for minor variances or exceptions from the land use standards such as setbacks_ The project is requesting two such exceptions — a less than required side yard setback of 13 feet where 20 feet is required and 145 parking spaces where 167 arc required_ Less than required side yawl setback Initial Study - Page 11 of 17 ISSUES with Supporting Documentation & Sources Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation Incorporatio n The yard in question faces an existing gas station, therefore there would be no impact to the adjacent use as a result of the reduction. The required side yard There would be no undue impact to residents of the proposed building as a result of the reduced setback The required .setback is five feet for each story (four stories = 20 feet). However, if a single story building was constructed, a minimum five-foot setback would be required; therefore, there will be no impact. Reduced parkirnspaces There are two bus stops within a quarter mile of the project site with as well as a proposed Bus Rapid Transit mute that is anticipated within 5 to 10 years that will likely reduce dependence on personal vehicle use for commuting purposes. therefore there is no impact. There is no habitat conservation or natural community conservation plans applicable in this area, therefore there is no impact. (Sources: 1, 2, 4) X. MINERAL RESOURCES Would the project a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally -important mineral ❑ 0 ❑ resource recovery site delineated on a local general plan, specific plan or other land use plan? Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation El ❑ ❑ Discussion: There are no known mineral resources on the proposed project site or delineated on a local plan for the site; therefore, there is no impact_ (Sources: 1, 2, 4) XL NOISE Would the project result in: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Exposure of persons to or generation of noise levels in excess of Cl 0 ❑ El standards established in the local general plan or noise ordinance,, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne ❑ 0 ❑ vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the ❑ ❑ ❑ project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise ❑ ❑ 0 levels in the project vicinity above levels existing without the project? 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? f) For a project within the vicinity of a private airstrip, would the ❑ ❑ ❑ Ei project expose people residing or working in the project area to excessive noise levels? Initial Study - Page 12 of 17 ISSUES with Supporting Documentation & Sources Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation Incotporatio n Discussion: While the proposed project area is in an urbanized area, it does not fall within an area of the National City General Plan Noise Contour Map subject to elevated levels of ambient noise. In addition, the project will comply with requirements of the State Building Code and City ordinances with regard to noise for multi -family residential projects. This requirement will be incorporated into project structural plans, and therefore there is no significant impact to new residents. However, since the project is located adjacent to a major arterial, the project will incorporate noise attenuation measures as part of the construction details, including dual pane windows, ventilation systems and insulation to reduce potential noise levels. The project, by its nature as a multi -family project, would not typically generate noise levels or ground borne vibration in excess of local standards to affect neighboring properties. The associated grading and construction on the project site would create temporary noise impacts. Modern construction equipment, properly used and maintained, should not exceed the noise limits contained in the City's Noise Ordinance. All noise generated by the project would be required to comply with the City's Noise Ordinance and be limited to specific hours of operation. No significant impact from the project would occur. The proposed project site is not located within an airport land use plan or within two miles of a public use airport or private airstrip; therefore, there is no impact to those people working on the project site. (Sources: I, 2, 4) XII. POPULATION & HOUSING Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Induce substantial population growth in an area, either directly ❑ ❑ ❑ (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the ❑ El ❑ construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the ❑ ❑ ❑ construction of replacement housing elsewhere? Discussion: The proposed project is a residential housing development including 72 new condominium units. While the development would result in some new population growth on the proposed property, the increase is not considered substantial as, if the project is approved, the City's General Plan allows for a maximum density of 34.8 units per acre on the site. As such, no significant increase to population within the City would be expected as a result of the proposal; ,therefore, there is no impact. The project meets several goals of the National City 2005-2010 Housing Element including encouraging the production of new housing affordable to all income ranges (Policy 4.3), Implementation of the City's adopted Design Guidelines in all residential developments to ensure attractive, functional housing is built for residents of all income levels (Policy 4.5), as well as facilitating urban infill development to promote higher rates of homeownership.(Policy 4.8) The proposed project would not displace substantial numbers of people or housing, as the project site is currently vacant; therefore, there is no impact. (Sources: 1, 2, 4, 19) XIII. PUBLIC SERVICES Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation impact Incorporation a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for as Initial Study - Page 13 of 17 ISSUES with Supporting Documentation & Sources Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation lncorporatio n any of the public services: Fire protection? 0 ❑ 0 El Police protection? 0 0 0 Schools? ❑ ❑ ❑ ®. Parks? ❑ ❑ ❑ El Other public facilities? ❑ ❑ 0 El Discussion: The proposed project would not result in adverse impacts to public services. The project site is currently and will continue to be served by the National City Fire and Police Department. The closest Fire Station is approximately 3/4 mile away on East 16th Street, and the Police Station a mile away at 12th Street and National City Boulevard. Typical response time for this neighborhood would not be adversely impacted, as plans do not involve changes to public streets adjacent to the site and since plans include retaining emergency access throughout the project area. Also, the development will generate impact fees specifically slated for public services that will supplement any additional requirements brought about by the development; therefore, there is no significant impact. Based on information from the San Diego County Office of Education, National School District has had declining enrollment numbers since 2001. Sweetwater Union High School District enrollment has been increasing in for the last several years. However, the rate of increase has dropped significantly in the last 3 years. The proposed project would result in an increase of approximately 80 school age children (K-L2), resulting in a negligible additional of school children in the area; therefore there is no impact. There arc two parks within one mile of the project — El Toyon Park (3/4 miles) and Las Palmas Park (1/2 mile). In addition, the project includes approximately 35,000 square feet of common open space and 9,000 square feet of private open space on -site for use by residents, both in excess of open spaces requirements (300 square feet of common open space per unit and 60 square feet of private open space per unit), therefore there is no impact to parks. (Sources: I, 2, 4, 1 I, 16, 19, 20) Potentially Less Than Less Than No XEV. RECREATION Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation 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? 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? Discussion: The proposed project includes the construction of a 72 apartment units, each with private patios, along with a large common open space area for the entire development As such, the proposed residential use of the project site would not substantially increase the use of local recreational facilities, necessitate construction of additional recreational facilities, or remove or impact existing facilities in the surrounding area; therefore, there is no impact (Sources: 2, 4) XV. TRANSPORTATION/TRAFFIC Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant impact Impact Mitigation Impact Incorporation a) Cause an increase in traffic which is substantial in relation to the ❑ ❑ ® ❑ existing traffic load and capacity of the street system (i.e., result in Initial Study - Page 14 of 17 ISSUES with Supporting Documentation & Sources Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation Incorporatio n a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service ❑ ❑ ❑ standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an ❑ ❑ ❑ increase in traffic levels or a change in location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp ❑ curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ CA f) Result in inadequate parking capacity? 0 ❑ LI IZI 0 g) Conflict with adopted policies plans, or programs supporting ❑ ❑ ❑0 alternative transportation (e.g., bus turnouts, bicycle racks)? Discussion: Plaza Boulevard will be widened in the near term (Plaza Boulevard Widening Project) to six lanes, including a median. Design features incorporated into the project will prohibit outbound left turns at the project driveway, as well as prohibit inbound left turns after Plaza Boulevard is widened; therefore there would be a less than significant impact Based on comments from the City's Transportation Engineer, the project would not generate a potentially significant impact at the project driveway during the PM peak period under both existing project and near -term project conditions with these design features in place. 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 East Plaza Boulevard, an Arterial Street, has adequate capacity to handle the 432 average daily trips that would potentially be generated by the proposed use. The Traffic Impact Report submitted with the project applications states that no increase in Level of Service (LOS) is expected as a result of the project The existing and proposed LOS for Plaza Blvd. with the project is D (West of Palm Ave.) and F (East of Palm Ave.). Additionally, there is a proposed Bus Rapid Transit route that is anticipated within 5 to I0 years that will likely reduce dependence on personal vehicle use for commuting purposes; therefore there is no impact. (Sources: 1, 2,4, 11, 12) XVI. UTILITIES & SERVICE SYSTEMS Would the project Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Exceed wastewater treatment requirements of the applicable ❑ ❑ ❑ Regional Water Quality Control Board? 0 ❑ LI b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage ❑ ❑ ❑ 0 facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from ❑ ❑ ❑ existing entitlements and resources, or are new or expanded Initial Study - Page 15 of 17 ISSUES with Supporting Documentation & Sources entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to ❑ ❑ ❑ accommodate the project's solid waste disposal neer,s? Complywith federal, state, and local statutes and regulations related to solid waste? Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation lncorporatio n ❑ ❑ ❑ ❑ ❑ Discussion: The proposed project would be designed and constructed using Best Management Practices (BMPs) to appropriately handle wastewater and not exceed wastewater treatment requirements of the San Diego Regional Water Quality Control Board; therefore, there is no impact. The proposed project is located within an urbanized area and served by existing water facilities. There are two existing domestic water services and an existing fire service on the site; however, project conditions would include cooperation with Sweetwater Authority, the service provider, to ensure sufficient systems continue to be made available on -site. Also, all necessary improvements will be included with the project approval and construction will be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations; therefore, there would not be a significant adverse impact The proposed project site would be served by EDCO, the local waste collection and recycle company. EDCO has a contract with the City to handle City residents' waste disposal and recycling needs. According to EDCO staff, the company utilizes several landfill sites for the disposal of waste collected in National City, with the most common being Otay Mesa, Sycamore, and Miramar Landfills, with an additional I2, 35 and 8 years of capacity remaining respectively; therefore, there is a less than significant impact There are two other landfill sites in San Diego County — the Ramona landfill, which is full, and Borrego Springs landfill, which has an additional 12 years capacity remaining. In addition, the proposed project would comply with all federal, state, and local statues and regulations related to solid waste. (Sources: I, 2, II, 17) Potentially Less Than Less Than No XVII. MANDATORY FINDINGS of SIGNIFICANCE Significant Significantw/ Significant Impact Impact Mitigation Impact incorporation a) Does the project have the potential to degrade the quality of the D 0 ❑ El environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but ❑ 0 ❑ cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause ❑ ❑ ❑ 0 substantial adverse effects on human beings, either directly or indirectly? Discussion: No significant impacts to the environment as a result of this project have been identified. Approval of the 7 Initial Study - Page 16 of 17 ISSUES with Supporting Documentation Sc Sources Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation Incorporatio n project is not expected to have any significant impacts, either long -.term or short-term, nor will it cause substantial adverse effect on human beings, either directly or indirectly. Initial Study - Page 17 of 17 REFERENCE SOURCES: Reference # Document Title f National City General Plan 2 City of National City Municipal Code 3 City of National City Design Guidelines 4 Palm Plaza Apartment Homes Project Plans (2008-46 S, PD, IS) 5 US Fish and Wildlife Wetland Mapper System 6 FEMA Map Service Center 7 2004 Triennial Revision of the Regional Air Quality Strategy for San Diego County, July 2004 8 Air Quality in San Diego County, Air Pollution Control District for San Diego County, 2006 9 Environmental Assessment Form for project 10 County of San Diego Department of Environmental Health website 11 Comments from National City Fire, Building, Public Works & Engineering Departments and Sweetwater Authority 12 1995 National City Transportation Study (SANDAG) 13 California Geologic Survey 14 Department of Toxic Substances Control I5 California Water Plan Update 2005 16 San Diego County Office of Education 17 California Integrated Waste Management Board 18 SanGIS 19 National City 2005-2010 Housing Element 20 San Diego Association of Governments (SANDAG) Available for Review at National City Planning Dept. 1243 National City Boulevard National City, CA 91950 « http://wetlandsfws.er.usgs.gov/wt1 nds/Iaunch.html www.fema.gov National City Planning Dept. « www.sdcounty.ca.gov/dch/ National City Planning Dept. http://www.consrv.ca.gov http://www.dtsc.ca.gov http://www.waterplan.watcr.ca.gov http://www.sdcoe.net http://www.ciwmb.ca.gov/ http://www.sangis.org/ National City Planning Dept. 1243 National City Boulevard National City, CA 91950 www.sandag.org CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING TENTATIVE SUBDIVISION MAP, PLANNED DEVELOPMENT PERMIT AND PROPOSED FINDING OF NO SIGNIFICANT ENVIRONMENTAL EFFECT FOR A 72-UNIT CONDOMINIUM COMPLEX LOCATED NEAR THE SOUTHEAST CORNER OF EAST PLAZA BLVD. AND PALM AVENUE. CASE FILE NO.: 2008-46 S, PD, IS APN: 557-410-20 & 26 The National City Planing Commission will hold a public hearing after the hour of 6:00 p.m. Monday, October 5, 2009, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. The condominium complex would consist of three buildings located behind the existing Thrifty gas station and would include 145 parking spaces. Plans are available for review at the City's Planning Division, Civic Center. Members of the public are invited to comment_ Written comments should be received by the Planning Division on or before 5:30 p.m., October 5, 2009, who can be contacted at 619-336-4310 or pla nni nqanation a lcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or -prior to, the public hearing. NATIONAL CITY PLANNING DIVISION P PEG Principal Planner PALM PLAZA APARTMENT HOMES NATIONAL CITY THIRD SUBMITTAL: SECOND SUBMITTAL: INITIAL SUBMITTAL: CALIFORNIA MAY 24, 2009 JANUARY 12, 2009 OCTOBER 3, 2008 MAR GROUP RODRIGUEZ ASSOCIATES ARCHITECTS & PLANNERS, INC. IVY LANDSCAPE ARCHITECTS NATIONAL CITY PLANNING DEPT EXHIBIT A -Revised CASE FILE NO.: 2008-46 S, PD, IS DATE: 6/4/2009 PROJECT DIRECTORY SMUT INDEX VICINITY MAP MAA CtOV1 4. 04.0 a K, wnw ,_ $•% rroa n«Ie11r.. ITUMT CIOI@,IC n .r•T'lIt 00!... wrt /e, 11 .s 4 R�IbO II MSW Iw AOOIK.CT MMS e1 MOIIfICT! � NNB3. INC Yr1)01-1W �W ddM.Obi feAl }I.101 I.rV y/qu M• NY WIDOWS MOYTICTS IW 4.IRrrA/ 0 %i MN IA',J[O—a»IMIM MAR GROUP 9 LS GAMI N0 Dffi.1NX SLITS NO r4ELMAA CMDORNN 92011 Am: IIeN Pa• /*50.720.72,1409 ..a w1 ••• 1▪ s.. MDke h.w YV.r. •I. MO.4x AM r. PO MF -Iola•• • .. Ill .MMW • 04." 111.000M1n • AH.1: no r.Y I.M1 tl! > .•AO PILO P6. mww tl. 6w . • ..1 • .I >F.Iw n• Aw . • Aw Aerw • sa.••M MP hw Nit0•.••WhO nnr I.M•. II.I.O MF *SS AY•I. r.11..•r I Aw..a•• M▪ / Lp •.\M W..rM LW:SCAM MOITICT ...•.L.x.i..oc.n 1. PALM PLAZA APARTMENT HOMES FILIPINO VILLAGE AREA NATIONAL CITY •• CALIFORNIA NO•n1 NT1 MAY 24, 2009 RODRIGUEZ ASSOCIATES ARCHITECTS & PLANNERS, INC. w onArw•sa 6,41111A aAA OA —. ewlww ••AAAAA N w...m1....ue.. ....•O.O.en •ne ....w.r•...C.... to.. a... A. ...4YO ...eerr.eu., .wna.,t. ..•e+..ort...wO ...rr.. .. ir'. TS fxCq'�� �RIIIII lmnnt fl��. u I H 9iP a�r.?aalr'�� frURNARO ,i 0i"���MmN�NN ARCHITECTURAL SITE PLAN 72 RESIDENTIAL UNRS NORTH DEVELOPMENT SUMMARY t SUMMARY OF REQUEST W TT A 11NMIIlA XWl IYtlR NT.Ya PN[I.'. 411V.aR0 PMFw M1nn.•OIO IAM1OKI.R mem r.1.1.41.4 C...., tom. 2 STREET ADDRESS MY, 4VJ •' ,CyXtTpn =Regm.. o5o.Et 0*`n a11eWM R Awn ave. NO rMw.0 1 LEGAL DESCRIPTION woe•ae•n sIa caYawo roPwxu v.rAM Art.0I..rw exam a mns•.t re•.wu..n•.n 4.e..,on....n.. wa ol•N. nmrearrr m M.. rt 0...OMa,:,nnU r"Irre'•`w:ua .wurnw.+un +.• pwMv..,... e..a 4. ACCESSORS PARCEL NUMES!S S. SITE AREAS b_YN•I!N•e (_, la A. S PROPERTY ZONE • Ca• 7, YARD/SETBACK En b•r•t — e-. Nr.. l..., .rr.. I•r.e. f.s M1 MO. lb 'P w n S RESIDENTIAL BUILDING MIX .▪ •erY WOTlvlll•url .l,a M. Y. • , Ww TC.I Mn•- al NMm ,r.fl OPL • f 6M11 9. RESIDENTIALUNIT MIX uaA I(Tp mPi 1•••u• Is • • MY i1011 44.1 Of 4¢ 0. II.... a lab ' rlJ4 V•R a M,5. •5Ow •Mr • a — ICA Tool NAM•r. of Rear. llIt• • n U.. 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Tt SRE LEGEND IT: , 1 eq•n•IpI M7CpP1 ' b.pu vv R. © ~OCni.d. - .MO' •I.l• • f8AKL MAY 24, 1009 MAR GROUP 9I5 CAMINO DM.. MAR, SUMS 2A DH.MAB, UEIIORNL •AN Ptrue I54794.1660 Ns LW/A-90 PALM PLAZA APARTMENT HOMES FILIPINO VILLAGE AREA •• NATIONAL CITY •• CALIFORNIA ixRODRIGUEZ ASSOCIATES ARCHITECTS & PLANNERS, INC. Iw NO•t un yr�pm 4110, M•r••er Y. •r•m,p AS.1 e fl uw 0 0 Le BALL PLAN Al t trif 0 FIRST LEVEL UNfr • OTNER LEVELS SIMILAR 2 BEDROOM • 2 BATH UNIT A MIA WOTAG TOTN MAY 14, 2009 MAR GROUP 1I C NO DEL WV; IU1Th 19,131.161RCd1LV111,IA /3014 Beam I51-091-2600 Pm e31.7244109 ot.% x+t.r....wtr.•e ... n..• ni.ett.rte ...an •.A.,.•t nfat PALM PLAZA APARTMENT HOMES FILIPINO VILLAGE AREA •• NATIONAL CITY •• CALIFORNIA RODRIGUEZ ASSOCIATES A ARCHITECTS k PLANNERS, INC MIMMMYhq WOtp,t _ M..� 4•__ .•a.e.t. er •eea,et Au•e,.n.....Mt,. we n..r.•twe. I.C. A.. t•.• .,..+t A.t tette.ee •e ewem.et Aatt,•tt ..awtee+e .,,e e.w..t....we, A0.1 r yr • 12 01.) 411Q nM. Fl4: QY,ff r(:)13A1.0 s*a QDQ =00 .n 000O Of. • C0 PLAN B1.1 3 BEDROOM • 2 BATH UNIT B7 1150 1Q, rooua Ms SA ACCESSORY AREAS P/a rwaaD...cw. SQ. IOOIAQ u, N.ml.enml D al. MPH a u. FIRST LEVEL UNIT • OTHER LEVELS SIMILAR MAY 24, 2009 M A. R GROUP 91.1 Gl@Y] Offi. 5.n1.1Vrm RD 0EL54.11.CdI5PVRMA 9210/ 11619F]!W Pe. 155421-1.W PALM PLAZA APARTMENT HOMES FILIPINO VILLAGE AREA •• NATIONAL CITY •• CALIFORNIA RODRIGUEZ ASSOCIATES ARCHITECTS .2 PLANNERS, INC. w e0 M Mli w4 om ula In wl wWOO w A0.2 b^f 7., Vt a.1tt wYYIY s/ BALC srw 11.1.411.11.1 w.v On • PLAN B2.1 FIRST LEVEL UNIT • OTHER LEVELS SIMILAR 3 BEDROOM • 2 BATH UNET 81 uACI ..is. 1111A4 tw v. ACCESSORY AREAS 11AQ [PIRG wcw•. 1Q FOOTAGE m,ewe.w 61, 11.14.,40 107/4 U V1 MAY 24, 2009 MAR GROUP 911 CAMINO D&.MAR• SUflr SD 01111141, CA1IlU/141A 92111 1151.7906C0 Pau srai.m PALM PLAZA APARTMENT HOMES FILIPINO VILLAGE AREA •• NATIONAL CITY •• CALIFORNIA iRODRIGUEZ ASSOCIATES ARCHITECTS & PLANNERS, INC. w,n..w.Aniln.p{6a. .. 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October 5, 2009 Members of the National City Planning Commission arid Martin Reeder, Planner National City Planning Dept. 1243 National City Blvd. National City, CA 91950 Re: Project 2008-46 IS 72 unit proposed Condo/Apt project, SEQ Plaza Blvd. at Palm Ave., National City APN 557-410-20 & 26 Dear Members of the Planning Commission and Mr. Reeder_ Hand Delivered Oct 5, 2009 Thrifty Oil Co. owns the property contiguous to the north side of the proposed 72 unit condominium project and Tentative Subdivision Map at Palm Avenue and Plaza Boulevard. We have reviewed the staff report for the project and the CEQA filing that finds that an EIR is not required for the report due to minimal impacts on the area. We wish to go on record with some serious reservations about the project and the CEQA report. Our issues include, but are not limited to the following: 1. There is no discussion in the staff report or in the CEQA report on the how the Community Development Commission and Palm Plaza Associates LLC are working together. The project is being studied as 'one' development so either there is some type of joint venture arrangement or there is sonic other type of arrangement as the project does not function as separate developments on each parcel. Since a City entity is involved, that arrangement, whether finalized or not, should be fully disclosed now so all adjacent owners are given an opportunity to consider how they might wish to participate in this redevelopment project. 2. While some aspects of the CEQA report clearly exhibit no need for an EIR, the grading of the significant slope, access, and drainage seem to be of more concern and warrant additional study. Perhaps a `targeted EIR' is in order on those points? 3. Two variances are requested, one for setback to the adjacent property and one for parking. The setback to the adjacent property is directly related to our parcel. The staff report points out that the variance, diminishing the setback from the required twenty (20) feet to thirteen (13) feet, is acceptable because, among other items, the proposed condominiums (apartments?) are `still" eighty (80) feet from the existing gasoline dispensers. This argument presupposes that the dispensers and buildings on our property will remain static. We point out that a widening project for Plaza Blvd. will encroach significantly onto our corner. We would like assurances that any remodeling we elect to accomplishwill be granted any variances we might need and that no negative findings will be made if all or any part of a remodeled facility moves closer to the proposed condominiums/apartments. 13116 Imperial Highway, Santa Fe Springs, CA 90670 • (562)921-3581 4. The parking variance, while noted that it is `only' 7% of the mandated parking, it is a total of 11 parking spaces. In the current economy many of our fellow citizens have been required to consolidate housing with multi -generational living arrangements. How will the number of occupants of each dwelling unit be policed within this project? It could become a situation where there are significant parking needs, even beyond the mandated 156 spaces. 5. The project is designed as a gated community. The gate is shown quite close to Plaza Blvd. The proximity of the gate to the street leaves little room for a large vehicle to stop, open the gate, and enter without causing a back-up issue onto Plaza Blvd. Certainly two or three vehicles attempting to enter will stack up into the street. 6. The project has no parking `outside' the gates. We believe this creates a certainty that either our property or the adjacent motel will become a the `guest parking' facility for those who either don't have the code to enter the gates or can't find parking when visiting. With a clubhouse, we would anticipate a number of instances where, even with the required parking, the project would exceed parking capacity. 7. There is not a complete discussion on utility delivery to the site. If, as the project seems to imply, the utilities are taken entirely from the street access of the property owned by CDC with the exception of the one water line coming in off Palm Ave., then perhaps we should have no concerns but the staff report is inadequate to determine how the utilities will be delivered to the various units. 8. Our vacant parcel, it wraps our gas station, was purchased for the construction of a retail establishment. It is zoned for that use. Nothing in the report makes note of how a commercial use on that parcel might alter the findings. Would it? 9. We own not only our station but the entire frontage. along Plaza Blvd to the CDC site with an eastern property line that is shared with the CDC property. We did not get any notification that a CDC project was being considered nor, to our knowledge, was there any public request for ideas from developers for a project on/incorporating the CDC parcel. If the CDC parcel was/is for sale, we would expect, as an adjacent owner, to be notified and given a chance to bid. We note that residential development usually does not support the goods and services it requires from the City. Commercial and Office uses are 'tax positive', with sales taxes from commercial projects being the most beneficial to a community in terms of tax revenue. We believe the CDC property might be suitable for a commercial use in combination with other parcels in the vicinity. Was this studied? If so, we were never asked to participate by the CDC. Not only do we own both our parcels "free and clear" (no debt), but we also have substantial experience with redevelopment work and a significant financial capability without involving lenders. We believe the project needs more consideration and involvement from adjacent ownerships prior to any approvals being granted. Singerely, . ht 1 t c4Kj oward W. Burns Director of Real Estate Cc: M. Sassover STEVEN A. MCKINLEY' KAREN G. MCKINLEY 'ALSO ADMITTED IN NEVADA ASARO, KEAGY, FREELAND & MCKINLEY ATTORNEYS AT LAW FOURTH FLOOR 3170 FOURTH AVENUE SAN OIEGO, CALIFORNIA 92103 TELEPHONE 16191 297-3170 FACSIMILE (6191 290-426B November 3, 2009 City Council for the City ofNational-City Mayor Ron Morrison Vice Mayor Alejandra Sotelo-Solis Council member Francisco Para Council member Jess Van Deventer Council member Rosalie Zarate City Clerk, City of National City 1243 National City Blvd. National City, California 91950 RETIRED. FRANK L. ASARO OF COUNSEL: ROSCOE O. KEAGY RICHARD R. FREELAND Re: Meeting. Date: November 3, 2009, Agenda Item No. 14 Public Hearing For A Proposed Plan Development, Tentative Subdivision Map And Negative Declaration for 72 Unit Condominium Complex On The Southeast Corner Of Fast Plaza Blvd. And Palm Avenue, Case File No. 2008-46 S, PD, IS Re: Planning Commission Resolution No. 23-2009 NOTICE OF APPEAL TO: THE HONORABLE MAYOR OF THE CITY OF NATIONAL CITY, VICE MAYOR, AND MEMBERS OF THE CITY COUNCIL: This office is privileged to represent Thrifty Oil Company in connection with its appeal of Planning Commission Resolution No. 23-2009. YOU ARE HEREBY NOTIFIED that Thrifty Oil Company appeals the Planning Commission Resolution No. 23-2009, including, but not limited to, the approval of the Tentative Subdivision Map, the Adoption of the Negative Declaration, and the Planned Development Permit and any variances or conditional use permits granted or approved in connection therewith, and any and all findings supporting the exception for a less than required sideyard setback, and the exception for less than required parking. Very truly yours, ASARO KE SAM:jat teven A. M cc: George Eiser, City Attorney, City of N onal Ci & McKINLEY uu STEVEN A. MCKINLEY' KAREN G. MCKINLEY 'ALSO ADMITTED IN.NEVAOA ASARO, KEAGY, FREELAND 6/ MCKINLEY ATTORNLYS AT LAW FOURTH FLOOR 3170 FOURTH AVENUE SAN DIEGO. CALIFORNIA 92103 TELEPHONE 16191 297-3170 FACSIMILE (6191 299-426D November 3, 2009 RETIRED: FRANK L. ASARO OF COUNSEL: ROSCOE D. KEAGY RICHARD R. FREELAND City Council for the City of National City Mayor Ron Morrison C, Vice Mayor Alejandra Sotelo-Solis a `� Council member Francisco Para o Council member Jess Van Deventer _— Council member Rosalie Zarate_` mr9 City Clerk, City of National City r -A 1243 National City Blvd. t44 National City, California 91950 Re: Meeting Date: November 3, 2009, Agenda Item No. 14 Public Hearing For A Proposed Plan Development, Tentative Subdivision Map And Negative Declaration for 72 Unit Condominium Complex On The Southeast Corner Of East Plaza Blvd. And Palm Avenue, Case File No. 2008-46 S, PD, IS OBJECTIONS TO PROJECT TO: THE HONORABLE MAYOR OF THE CITY OF NATIONAL CITY, VICE MAYOR, AND MEMBERS OF THE CITY COUNCIL: This office is privileged to represent Thrifty Oil Company in connection with its objections to the above -referenced project, listed as Item No. 14 on the Agenda for the meeting date of November 3, 2009, at 6:00 p.m. INTRODUCTION Thrifty met with a.representative of the project developer, Juan Pablo, on Oct. 30, 2009, and it was agreed that he would ask that this hearing be continued for 30 days to allow Thrifty to conduct further analysis of the project and possible alternatives. This letter is therefore submitted out of an abundance of caution in the unlikely event the Council does not approve the requested continuance. A3 iO1 `' is y3 Thrifty would also like to point out that it submitted comments and objection s at the Planning Commission meeting, a copy of which is attached hereto as Ex. C, and incorporated herein as though set forth in full. Thrifty desires most of all to have constructive input and participation in National City's redevelopment plan. There is certainty no intent to obstruct. The only issue for Thrifty is that this project has not been thoroughly considered and prepared, and consequently is not comprehensive. Apparently no consideration was given to including Thrifty in the project, yet the facts and circumstances are such that without such inclusion the result of the project will be less than desireable. The ultimate future and success of National City's Redevelopment Project depends on such consideration being given. OBJECTION FOR FAILURE TO INCLUDE THRIFTY IN PROJECT Our client, Thrifty Oil Company, hereinafter "Thrifty," is the owner of two parcels of property located contiguous to the subject project. One of the parcels owned by Thrifty is at the corner of Plaza Blvd: and Palm Avenue, and is currently operated a.s a gas station. The other parcel owned by Thrifty is adjacent to the gas station and has extensive frontage on Plaza Blvd., and additional frontage on Palm Avenue, all as shown on the map attached as Exhibit "A." It is immediately apparent from the location of Thrifty's properties in relation to the subject project that said properties are natural candidates for assemblage and inclusion to create a larger and more comprehensive project than that which is before the City Council today. Thrifty started out as an oil company, but transformed itself into a successful real estate enterprise more than a decade ago. It has developed real estate with office buildings, retail centers, and related uses, backed by a net worth exceeding $100 million. In other words, it is the ideal candidate for participation in National City's redevelopment efforts. The Council is no doubt aware that the present project contemplates a sale by the Community Development Commission of one of the subject properties to the co -applicant developer. However, the sale is to be 97% financed by the CDC for two years from the time that the co -applicant obtains final subdivision, a process which itself is likely to take more than 12 months, thereby tying up for at least 3 yearsalmost$2,000,000 in CDC funds which otherwise could be made available for other projects. Our client's development affiliate, Golden Springs Development Company, was recently recognized by the California Redevelopment Association with the award of excellence for the Golden Springs Business Park Development in Santa Fe Springs, California. Thrifty can bring the same level of excellence in community development to National City. However, if the current project is approved as presented, a golden opportunity for an integrated, comprehensive redevelopment project, utilizing the financial power and redevelopment expertise of Thrifty, will be forever lost. %6 Our client's vision is for a comprehensive, integrated approach to the entire southeast corner of the Palm Avenue and Plaza Blvd. intersection, with a vibrant mix of residential and retail development promoting pedestrian activities and providing valuable retail resources to new community residents. Our client has a relationship with a retail user which could facilitate this result. One among many of the benefits of such an approach would be further an oft repeated goal of the City to generate retail tax revenue. Unfortunately, Thrifty has not been invited to participate in the planning and development of the subject property, and was not even notified of the current project until shortly before the Planning Commission meeting. It would truly be a travesty if as a result of this oversight the opportunity to enhance National City with a catalytic, comprehensive and integrated redevelopment project is lost. There is no reason redevelopment of this community should proceed in a piecemeal fashion When the opportunity for a comprehensive, integrated approach exists. This is such an opportunity. However, the opportunity will be lost if the project currently before the Council is approved in its current form. This City's adopted redevelopment plan expresses an overriding policy of encouraging participation and cooperation of communitybusinesses in redevelopment projects. National City's redevelopment plan also expressly recognizes the importance of assemblage to remove impeditnents to development; participation by owners of properties in the project area; and the value of combining parcels and properties when and where necessary and appropriate. Instead of approving a piecemeal project, the Council should encourage CDC to meet with Thrifty to consider its resources and expertise and thereby seize the opportunity for a redevelopment project of far greater significance than what has been proposed. OBJECTIONS TO VARIANCES FOR PARKING AND SETBACKS The proposed project asks for a variance from side yard setbacks from the required twenty (20) feet to a reduced thirteen (13) feet. However, the direct impact and effect of this request is to move the residential units closer. to the gas station and the operations associated therewith. It is very difficult to see how siting the residences closer to the gas station operations is in the best interest of the community, or justification for a variance. Indeed, the staff report fails to articulate any rationale that would justify the findings required for a variance under the zoning ordinance, nor have the necessary findings been proposed. Indeed, the findings of the Planning Commission are insufficient to support approval of a variance. The project must be rejected for this reason alone. In addition, the proposed project requires a variance from parking requirements_ In particular, the staff report shows that zoning requires 144 garage spaces, and only 73 are proposed. Although some of the 71 missing garage spaces are proposed to be replaced with unenclosed spaces, no justification for this departure from the code requirements is shown. L/7 This is a public health andsafety issue. Enclosed garage spaces provide security and safety to the residents. Spaces which are not enclosed, but instead open to anyone, jeopardize the health and safety of the residents, and are an invitation not only to criminal activity, but loitering and nuisance activities as well. No justification has been advanced or articulated for exposing residents in this manner. The City should not countenance or approve a change that would endanger the residents and encourage loitering and/or drug related activity in open parking lots. The Planning Commission failed to make findings justifying this variance, nor has the staff report identified either a rationale to justify the necessary findings, or the findings necessary to support the grantingof a variance. THE PROPOSED PROJECT AND THE ACTION THEREON IS IN VIOLATION OF CEQA The City cannot approve this project because adequate CEQA analysis has not been conducted. The negative declaration is unsupportable because substantial evidence and a fair argument based thereon exists showing that further CEQA analysis, in the form of an environmental impact report is, required. First of all, there is substantial evidencethat the parking will be insufficient. The parking proposed does not comply with code. There will be a significant unmitigated impact on parking. Moreover, by putting the parking outside instead of inside, there are significant but mitigable impacts on visual aesthetics. No one wants to look at a parking lot of cars. Mitigation is as simple as requiring compliance with code by putting the cars in garages. But this mitigation feature has not been adopted or even considered. The evidence further shows that there will be a potentially significant unmitigated impact on traffic. There is no analysis of this impact. Indeed, the City's traffic engineer sent an e-mail stating that a focused traffic study would be required, but none was performed. A copy of the traffic engineer's e-mail is attached hereto as Exhibit "B." This e-mail impeaches the staff report conclusion that no further study is required, and provides substantial evidence that the potential environmental impacts have not been adequately analyzed. There is no support for the conclusion that biological resources will be not be impacted. There is no study, no observations, and no evaluation whatsoever of biological resources on site: Accordingly, the bare conclusion that biological resources will not be impacted is unsupported and an E1R is required. Although the staff report recites that the subject property is not in the floodway, from all appearances it is still in the flood plain, and there has been no analysis of the effects of developing this property in an identified flood plain. An EIR is therefore required. 1/8 The impact of adding these 72 residential units on population and housing has not been analyzed. The staff report contains a bare legal conclusion that there will be no impact, without supporting analysis. However the project clearly will cause population increases, and the effects of these increases have not been analyzed. SUMMARY For all of the foregoing reasons, it is respectfully submitted that the City either continue the hearing or deny the project as presently constituted. Very truly yours, SAM:jat ASARO KEA D & McKINLE Steven A. McKinl cc: George Eiser, City Attorney, City of Nat Via Fax (619) 336-4327 & U.S. Mail ThriRy Oil Company - - CL Subject Parcel — Zone Ilou.ndary APN: 557-410-20 & 26 •-• IFee 337.5 675 1,350 2008-46 S, PD, IS t ,, Page 1 of 1 Martin Reeder From: Stephen Manganiello Sent: Monday, November 17, 2008 4:07 PM To: Martin Reeder Subject RE: TE Comments on Palm Plaza Apartment Homes Martin, A "focused" traffic study is needed to determine AM and PM peak hour operations at the project driveway on Plaza Blvd. and at the intersection of Plaza Blvd. / Palm Ave_ I Thanks. -Steve Stephen Manganiello Traffic Engineer CityofNatanal City Engineering Department 1243National City Boulevard National City, CA 91950 phone: 619:336.4380 faa: 619-336-4397 direct: 619-336-4382 email' smanganielloOnationalcityca.gov website: www.nationalcityca.gov RECEIVED NOV X 72008 National City Planning Division National City, CA 91950 EXHIBIT 19 e"A THRIFTY OIL CO. October 5, 2009 Members of the National City Planning Commission and Martin Reeder, Planner National City Planning Dept. 1243 National City Blvd. National City, CA 91950 Re: Project 2008-46 IS 72 unit proposed Condo/Apt project, SEQ Plaza Blvd. at Palm Ave., National City APN 557-410-20 & 26 Dear Members of the Planning Commission and Mr. Reeder: Hand Delivered Oct 5, 2009 Thrifty Oil Co. owns the property contiguous to the north side of the proposed 72 unit condominium project and Tentative Subdivision Map at Palm Avenue and Plaza Boulevard. We have reviewed the staff report for the project and the CEQA filing that finds that an EIR is not required for the report due to minimal impacts on the area. We wish to go on record with some serious reservations about the project and the CEQA report. Our issues include, but are not limited to the following: 1.. There is no discussion in the staff report or in the CEQA report on the how the Community Development Commission and Palm Plaza Associates LLC are working together. The project is being studied as 'one' development so either there is some type of joint venture arrangement or there is some other type of arrangement as the project does not function as separate developments on each parcel. Since a City entity is involved, that arrangement, whether finalized or not, should be fully disclosed now so all adjacent owners are given an opportunity to consider how they might wish to participate in this redevelopment project. 2. While some aspects of the CEQA report clearly exhibit no need for an EIR, the grading of the significant slope, access, and drainage seem to be of more concern and warrant additional study. Perhaps a 'targeted EIR' is in order on those points? 3. Two variances are requested, one for setback to the adjacent property and one for parking. The setback to the adjacent property is directly related to our parcel. The staff report points out that the variance, diminishing the setback from the required twenty (20) feet to thirteen (13) feet, is acceptable because, among other items, the proposed condominiums (apartments?) are 'still" eighty (80) feet from the existing gasoline dispensers. This argument presupposes that the dispensers and buildings on our property will remain static. We point out that a widening project for Plaza Blvd will encroach significantly onto our corner. We would like assurances that any remodeling we elect to accomplish will be granted any variances we might need and that no negative findings wilt be made if all or any part of a remodeled facility moves closer to the proposed condominiums/apartments. EXHIBIT C� 13116 Imperial Highway, Santa Fe Springs, CA 90670 • (562)921-3581 4. The parking variance, while noted that it is `only' 7% of the mandated parking, it is a total of 11 parking spaces. In the current economy many of our fellow citizens have been required to consolidate housing with multi -generational living arrangements. How will the number of occupants of each dwelling unit be policed within this project? It could become a situation where there are significant parking needs, even beyond the mandated 156 spaces. 5. The project is designed as a gated community. The gate is shown quite close to Plaza Blvd. The proximity of the gate to the street leaves little room for a large vehicle to stop, open the gate, and enter without causing a back-up issue onto Plaza Blvd. Certainly two or three vehicles attempting to enter will stack up into the street. 6. The project has no parking 'outside' the gates. We believe this creates a certainty that either our property or the adjacent motel will become a the 'guest parking' facility for those who either don't have the code to enter the gates or can't find parking when visiting. With a clubhouse, we would anticipate a number of instances where, even with the required parking, the project would exceed parking capacity. 7. There is not a complete discussion on utility delivery to the site. If; as the project seems to imply, the utilities are taken entirely from the street access of the property owned by CDC with the exception of the one water line coming in off Palm Ave., then perhaps we should have no concerns but the staff report is inadequate to determine how the utilities will be delivered to the various units. 8. Our vacant parcel, it wraps our gas station, was purchased for the construction of a retail establishment. It is zoned for that use. Nothing in the report makes note of how a commercial use on that parcel might alter the findings. Would it? 9. We own not only our station but the entire frontage along Plaza Blvd to the CDC site with an eastem property line that is shared with the CDC property. We did not get any notification that a CDC project was being considered nor, to our knowledge, was there any public request for ideas from developers for a project on/incorporating the CDC parcel. If the CDC parcel was/is for sale, we would expect, as an adjacent owner, to be notified and given a chance to bid. We note that residential development usually does not support the goods and services it requires from the City. Commercial and Office uses are 'tax positive', with sales taxes from commercial projects being the most beneficial to a community in terms of tax revenue. We believe the CDC property might be suitable for a commercial use in combination with other parcels in the vicinity. Was this studied? If so, we were never asked to participate by the CDC. Not only do we own both our parcels "free and clear" (no debt), but we also have substantial experience with redevelopment work and a significant financial capability without involving lenders. We believe the project needs more consideration and involvement from adjacent ownerships prior to any approvals being granted. Sly, oward W. Burns Director of Real Estate Cc: M. Sassover 6-3 MEMORANDUM DATE: November 4, 2009 TO: Mayor and Council Members Redevelopment Division CC: Mike Dalla, City Clerk George Eiser, City Attorney FROM: Patricia Beard, Redevelopment Manager (\ SUBJECT: Chronology of Paim Plaza Project; Southeast Corner of Paim Avenue and Plaza Boulevard December 2, 2005: The Acevedo Group entered into a Purchase Contract with Pamali, Inc. for the two parcels commonly referred to as the "Limon" property (adjacent to the CDC site). January 10, 2006: The CDC and the Acevedo Group entered into an Exclusive Negotiation Agreement ("ENA") to assess the feasibility of developing a commercial and residential mixed use project on its own parcels and the CDC -owned parcel located at 1640 E. Plaza Boulevard. February 15, 2006: The Acevedo Group's deed for the acquisition of the "Limon" property was recorded. The Acevedo Group partnered with a local developer, the Mar Group, to prepare plans for the CDC parcel, as well as for the adjacent "Limon" property. As a result of their partnership, on June 20, 2006, the CDC approved an Assignment and Assumption Agreement transferring the Acevedo Group's rights and obligations under the ENA for the CDC parcel to their newly formed Palm Plaza Associates, LLC. The length of time for the ENA was amended four times through 2008 and finally expired on May 18, 2009. June 2006: The CDC directed staff to negotiate a purchase price for the CDC parcel. An appraisal report prepared by Ken Keagy, MAI concluded that the fair market value for the CDC property was $2,135,000 (land value only). July 2006: An offer to sell letter was sent to the developer, who thereafter claimed that the market value of the CDC parcel was less than the appraisal. The developer cited declining market conditions, easements not known to the appraiser at the time of the original appraisal, and disputed analysis of a recent sale of contiguous land. 1243 National City Blvd, National City, California 91950 4-4 September 19, 2006: The developer presented their design concept plan to the CDC for consideration. The proposed plan included 53 town home units, two live -work units, a clubhouse, and 116 parking spaces. The CDC directed the developer to revise their plan due to concerns pertaining to lack of commercial space, and access and circulation. December 28, 2006: The CDC appraiser addressed the valuation issues raised by the developer, and conducted additional market research regarding recent land sales and listings. Based on the updated research and analysis, it was the appraiser's conclusion that the market value of the CDC parcel was $1,823,000. April 16, 2007: The CDC received an offer letter from the developer to acquire the CDC parcel at the purchase price of $1,823,000. May 1, 2007: The CDC approved the developer's revised design concept plan. The proposal called for 76 condominium units, 114 residential parking spaces, including 24 guest parking spaces, 5,800-sf of commercial space, and 29 commercial parking spaces. Unique to the new proposal was the developer's partnership with Thrifty Oil, the owner of the service station on the SE corner of Palm Avenue and Plaza Boulevard. Under the new partnership, Thrifty would acquire the commercial component of the project (on property owned by the developer) for a retail use, and promised to upgrade their existing service station. The referenced commercial project has not been submitted to date. The residential project was subsequently revised to the current unit and amenities count. May 21, 2007: The CDC staff sent a letter to the developer informing them that staff intends to support a recommendation to the CDC Board for approval of the purchase price of $1,823,000 for the CDC parcel and the developer attended the City's Land Use and Project Coordination Meeting where they were informed of the all necessary applications to initiate the land use and environmental review process for the proposed project. June 19, 2008: The CDC received a report following expert review of the remediation project being conducted on the adjacent Thrifty Oil property to determine whether a residential project could safely be occupied next to the Thrifty site. On pages 4 and 5 the report states: "...although the detected concentrations of BTEX constituents in soil vapor were relatively low and did not exceed CHHSLs for a residential scenario, the presence of hydrocarbon vapors in soil may trigger future regulatory concern due to the proposed redevelopment plans, and/or result in soil requiring special handling due to hydrocarbon odors noted during excavation. Therefore, to reduce the likelihood of potential project delays during construction or increased costs for handling potentially impacted soil, additional assessment by Thrifty may be warranted to evaluate whether the SVE system being constructed on their property wilt also address soil vapor impacts in the northern portion of the site." It is recommended that the entire report, available upon request, be reviewed for complete information. October 3, 2008: An initial submittal for land use entitlements for Palm Plaza Apartment Homes was submitted to the National City Planning Department. February 23, 2009: After more than six months of engineering efforts by Palm Plaza Associates, the City received a Letter of Map Revision ("LOMR") from the Federal Emergency Management Agency ("FEMA") the allowed land use entitlements for the project to be processed. 1243 National City Blvd, National City, California 91950 October, 2009: A Summary Report on the proposed property transaction was completed for the CDC by Keyser Marston Associates and a proposed Purchase and Sale Agreement was provided by CDC staff to Palm Plaza Associates for review and signatures. 1243 National City Blvd, National City, California 91950 MEMORANDUM DATE: November 4, 2009 TO: Mayor and Council Members CC: Mike Dalla, City Clerk George Eiser, City Attorney FROM: Peggy Chapin, Principal Planner Ye/ SUBJECT: Exceptions to Setbacks and Parking for Palm Plaza Project Planning Division The proposed project consists of three condominium buildings, comprising 72 units, with 29,066 square feet of common open space and a total of 145 parking spaces, 74 spaces within a garage and 71 open parking spaces. Each of the three buildings would be situated above a ground level parking garage with between 17 and 25 parking spaces. The 72 units will range from 1,000 to 1,142 square -feet, have two or three bedrooms and two bathrooms, and covered patios of between 60 and 100 square feet. Access to the site will be from Plaza Boulevard via a 20-foot driveway to the east of Thrifty gas station. The project includes exceptions from the Land Use Code for required side yard setbacks and parking. Section 18.116.060 allows for alterations and/or exemptions from development standards. The applicant proposes exceptions to the required side yard setback adjacent to an existing gas station and required parking spaces. Justification for these exceptions is as follows: Less than required side yard setback: The office and gas pumps for the existing gas station are located on the north side of the lot, more than eighty feet from the subject property line. The required setback is twenty feet, five feet for each story. However, if a single story building was constructed, a minimum five-foot setback would be required. The applicant is requesting the 7-foot reduction from the twenty feet to thirteen feet to allow for an adequate courtyard between Buildings 2 and 3. No undue impact to residents of the proposed building is anticipated as a result of the reduced setback, due to the existing building being 80 feet from the property line, noise attenuation measures will be incorporated in the design of the proposed multi -family units, and dense landscaping will screen the gas station from the development. 1243 National City Blvd, National City, California 91950 � �i Less than required parking The Land Use Code requires 156 parking spaces, two garage spaces per unit, plus guest parking as required per code for multi -family residential, as noted below. Garage spaces Open spaces Guest Spaces Total Required 144 N/A 12* 156 Proposed 73 58 14 145 *23 guest spaces are required, although half can be located on adjacent City streets The development would have approximately half of the required garage parking spaces. However, two more than the required 12 guest spaces would be provided, as well as 58 open spaces, resulting in 11 fewer spaces than the required number. The exception request would represent a relatively minor 7% reduction in the required parking. It is anticipated that the dependence on vehicle ownership for residents of the development would be less since public transit is available. The project is located along a MTS bus route with service to the 24th Street trolley station. Additionally, retail and other services are within walking distance of less than ' mile. Since the unit sizes are less than 1,200 square feet the family size would be single and small families with fewer vehicles. 1243 National City Blvd, National City, California 91950 r�� Planning Division MEMORANDUM DATE: November 4, 2009 TO: Mayor and Council Members FROM: Peggy Chapin, Principal Planner SUBJECT: Response to CEQA Comments Appellant, Thrifty Oil Company, has alleged the City has not complied with CEQA because the appropriate analysis has not occurred. Appellant first mentioned the need for some possible further study in a letter dated October 5, 2009. Thereafter, Appellant raised six issues in it's November 3, 2009 letter arguing that an environmental impact report is required. Appellant's six issues are discussed below. Prior to addressing appellant's issues, a brief overview of the environmental process in this matter is warranted. The City prepared a negative declaration for this project because that was the appropriate environmental review as determined by the Initial Study. The Initial Study took into account not only the reference sources listed in the study at page 17, but also the following studies: 1. Geotechnical Investigation, Proposed Mixed -use Development Southeast of the Intersection of Plaza Boulevard and Palm Avenue, National City, CA, prepared by Southland Geotechnical Consultants, July 18, 2008, Prepared for Mar Group Development - 2. Hydraulic Analyses for Tentative Map No. 2008-46 S, Palm Plaza Apartment Homes, prepared by Chang Consultants, January 9, 2009 3. Letter of Map Revision Request for a Portion of Paradise Creek, prepared by Chang Consultants, August 28, 2008 4. Hydrology Report, Palm Plaza Apartment Homes, Palm Avenue and Plaza Blvd., National City , CA, prepared by Stuart Engineering, Revised January 8, 2009 1243 National City Blvd, National City, California 91950 5. Preliminary Drainage Study, Palm Plaza Apartment Homes, Palm Avenue and Plaza Blvd., National City, CA prepared by Stuart Engineering, October 3, 2008 6. Soil Vapor Survey, Assessor's Parcel Numbers (APNs) 552-410-20, 21, and 23, National City, CA prepared by SCS Engineers, July 18, 2006 7. Regulatory Document Review, Assessor's Parcel Numbers 557-410-2 and 21, East Plaza Blvd, National City, CA d prepared by SCS Engineers, April 1, 2008 8. San Diego County Department of Environmental Health File Review and Client - Provided Report Review, Assessor's Parcel Number 552-410-20, 21, and 23 East Plaza Boulevard, National City, CA, prepared by SCS Engineers, May 8, 2006 9_ Traffic Impact Analysis, Palm Plaza, City of National City, prepared by Linscott, Law & Greenspan Engineers, January 12, 2009 (erroneously dated 2008, but traffic runs are dated January 2009). The negative declaration provided for a public review period, from September 16, 2009 to October 5, 2009. Appellant submitted a letter dated October 5, 2009, which included one general comment raising the question of whether additional study was warranted for the slope grading, access, and drainage_ (Letter dated October 5, 2009, Number 2). Thereafter, Appellant submitted a letter dated November 3, 2009 containing more comments. Importantly, a commenter that believes a project will have a significant environmental effect should identify the specific effect, explain why he believes that effect would occur, and explain why the effect would be significant. 14 Cal. Code Regs_ § 15204(b). The basis for the comment should be explained, and the commenter "should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of the comments.. ..[Ain effect shall not be considered significant in the absence of substantial evidence." 14 Cal. Code Regs § 15204 (c). The City may reject comments that are not focused, as described. 14 Cal. Code Regs. § 15204(e) _ A decision -making body, the City Council in this instance, can approve a negative declaration only if it finds on the basis of the initial study and any comments received (during the public review period): 1) there is no substantial evidence that the project will have a significant effect on the environment; and, 2) the negative declaration reflects the independent judgment of the decision -making body. 14 Cal. Code Regs. § 15074(b). The question to ask in contemplating the first finding is: whether there is a fair argument backed by substantial evidence that the project may have a significant effect on the environment, either as proposed or as revised to mitigate potential significant effects. If such findings cannot be made, then the agency must prepare an environmental impact report. 1243 National City Blvd, National City, California 91950 October 5, 2009 Letter Appellant delivered a letter dated October 5, 2009 to the Planning Commission and Planning Department regarding the project. Number 2 in the letter stated, in part: "While some aspects of the CEQA report clearly exhibit no need for an EIR, the grading of the significant slope, access, and drainage seem to be of more concern and warrant additional study." The comment regarding the slope, access and drainage did not make any reference to the existing studies. Specifically, a drainage study, geotechnical analysis, and traffic study were all conducted for this project_ Appellant has not raised any issue regarding these studies. Appellant's comment seems to have been addressed, possibly without appellant having been aware, as the studies had already been conducted in the areas appellant raised. November 5, 2009 Letter 1: Parking Appellant argues that "there is substantial evidence that the parking will be insufficient. The parking proposed does not comply with code. There will be a significant unmitigated impact on parking." The basis of appellant's argument appears to be that because the parking requirements vary from the code requirement, "a significant unmitigated impact on parking" will occur. There is no additional evidence provided in support of this argument. The Planning Commission approved the exception to the parking requirement, in part based on the proximity of public transportation. In its recommendation for approval, the Planning Commission found that the exception to parking would "not be detrimental to the public health, safety, welfare or be detrimental to the use of other properties in the vicinity, since an apartment complex of the same number of units would need Tess parking, and since the reduction is minor (less than 7% of the required amount of parking)." Moreover, as explained by Planning staff, dependence on cars is expected to be less based on the availability of public transportation. The project is located along a bus route which is linked to the 24th Street trolley station, retail services are within walking distance, and the size of the units are designed for single and small families with fewer vehicles. Lastly, the Initial Study referenced the parking issue in Section IX and found no impact based in part on the proximity of public transportation and the proposed Bus Rapid Transit route that is planned for this area. There is no evidence that this exception will somehow create a significant environmental impact. The basis for appellant's comment has not been explained. The appellant has not submitted any data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of appellant's comment. 1243 National City Blvd, National City, California 91950 Visual Aesthetics Appellant argues that "by putting the parking outside instead of inside, there are significant but mitigable impacts on visual aesthetics. No one wants to look at a -parking lot of cars. Mitigation is as simple as requiring compliance with code by putting the cars in garages. But this mitigation feature has not been adopted or even considered." The Initial Study contains the questions regarding aesthetics, to which all were answered as having No Impact." (See, Initial Study, page 4, Section I). The questions ask whether the project would: "a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?" The multi -paragraph discussion that follows explains the site is located in an urbanized commercial corridor, that there are no scenic vistas, the properties located to the south and west sit at higher elevations, and that the site contains no scenic resources. Moreover, development of the site would improve the aesthetics of the area by providing landscaping. Appellant has not explained his comment other than to essentially argue people generally do not want to look at cars. Appellant has not submitted any data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of appellant's comment. 3. Traffic Appellant argues that no analysis has occurred of the "potentially significant unmitigated impact on traffic_" Appellant refers to a staff e-mail indicating a traffic study would be required. Appellant alleges a traffic study was not performed, thus the "e-mail impeaches the staff report conclusion that no further study is required, and provides substantial evidence that the potential environmental impacts have not been adequately analyzed." The staff e-mail was dated November 2008. Thereafter, a traffic study was conducted and a report prepared, dated January 12, 2009. While the face of the report says 2008, it is clear that this was a typographical error, as the traffic counts, runs, etc. are all dated January 2009. (See, Traffic Impact Analysis, Traffic Appendices). Thus, staff asked for a traffic analysis, a traffic analysis was conducted, and the Initial Study thereafter took such study into account. The Initial Study specifically refers to the traffic analysis in its discussion under the Transportation/Traffic section. Thus, appellant's argument is misplaced. As appellant sought a traffic analysis and such analysis was conducted, this issue would .appear moot. 4. Biological Resources Appellant argues there "is no support for the conclusion that biological resources will not be impacted. There is no study, no observations, and no evaluation whatsoever 1243 National City Blvd, National City, California 91950 /'. of biological resources on site. Accordingly, the bare conclusion that biological resources will not be impacted is unsupported and an EIR is required." It should be noted that an environmental impact report is not the default analysis for environmental review. An environmental impact report is appropriate when there is a fair argument backed by substantial evidence that the project may have a significant effect on the environment Appellant has not presented such argument in this regard. Moreover, such argument ignores the Initial Study section on Biological Resources. The "No Impact" determination is supported by the discussion included in the Initial Study. First, this site was previously developed_ Second, the structures were removed. Third, the vacant sites contain minimal non-native vegetation, and no jurisdictional wetlands, sensitive habitat, or sensitive species are located on the property. Fourth, data from the U.S. Fish & Wildlife Service indicate the site contains no jurisdictional wetlands or waters of defined streambeds_ Fifth, and lastly, the site is within an urbanized area surrounded by development, and contains no sensitive habitats or biological resources protected by local policies or ordinances. All this information, data, and references were included in the Initial Study. While appellant argues the City does not have support for its conclusion, thus an environmental impact report is required, appellant failed to explain whether there is any evidence to support a contrary conclusion, ie: biological resources will be significantly irnocted. Appellant has not submitted any data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of appellant's comment. Flood Plain Appellant argues that "from all appearances [the property] is still in the flood plain, and there has been no analysis of the effects of developing this property in an identified flood plain. An EIR is therefore required." The Initial Study addresses this issue in its discussion portion of Section VIII_ Hydrology and Water Quality. Specifically, the Initial Study states: "The site was previously located within the boundaries of both the 100-year and 500-year flood zones as designated on the current Hood Insurance Rate Map (FIRM), as well as within a designated Floodway zone in the City. However, as part of the project, the applicant submitted a Letter of Map Revision (LOMR) to the Federal Emergency Management Agency (DHS-FEMA) that revised the extent of the 100-year floodplain (Zone AE) and removed the Floodway (FW) designation across the property.... With the floodplain zone revision and development approval, there would be no conflict with any applicable plan, policy or regulation. Without the floodplain zone revision, no construction would be permitted _ .." To the extent appellant sought more detail, appellant could have referred to the Hydrology Report prepared for this project_ The LOMR was completed because the floodway was indicated on the FIRM map, however improvements were previously constructed within the floodway. The engineer of work for the applicant processed the LOMR in response to the existing floodway designation in the area to reflect the existing improvements_ 1243 National City Blvd, National City, California 91950 The basis for appellant's comment has not been explained. The appellant has not submitted any data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of appellant's comment. 6. Population and Housing Appellant argues "[tihe impact of adding these 72 residential units on population and housing has not been analyzed. The staff report contains a bare legal conclusion that there wilt be no impact, without supporting analysis. However, the project clearly will cause population increases, and the effects of these increases have not been analyzed." The Initial Study, Section XIl_ Population & Housing addresses the issue raised by appellant. The discussion portion explains that the density of the project is consistent with the density already allowed by the zone, thus there is no significant increase to population. The minor increase is not considered substantial_ Inherent within the already allowed density of the zone was the underlying environmental analysis that accompanied the zoning designation originally. Thus, the population issue was already considered and analyzed. Conclusion The Initial Study discussed all the issues raised by appellant. Additionally, studies were performed on many of the issues. These were not referenced by appellant in his comments. Appellant has the burden of supporting his comments_ Appellant did not provide explanations for his comments. Appellant did not provide any data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of any of his comments. Staff has responded to the arguments put forth by appellant. The City Council is the decision -making .body regarding the Negative Declaration. The City Council can approve the Negative Declaration only if, based on in its independent judgment, the Council finds there is no substantial evidence that the project will have a significant effect on the environment. StafFs work, which includes the Initial Study, Technical Reports, and Reference Sources, has not uncovered any evidence of a significant effect on the environment resulting from the project. STEVEN A. NCKINLEY' KAREN G MCKINLEY 'ALSO A OMITTED IN HEVAPA ASARO, KEAGY, FREELAND & ATTORNEYS AT -LAW FOURTH FLOOR 3170 FOURTH AVENUE SAN DIEGO, CALIFORNIA 92103 TELEPHONE (6191 297-3170. FACSIMILE 15191 299-.268 November 9, 2009 City Council for the City of National City Mayor Ron Morrison Vice Mayor Alejandra Sotelo-Solis Council member Francisco Para Council member' Jess Van Deventer Council. member Rosalie Zarate City Clerk, City of National City 1243 National City Blvd. National City, California 91950 T ATTORNEY MCKINLEY RETI RED.' 09 �'L` 9 NOV V 0 PH I r. f.2 FRANK L. ASARO 4JOF COUNSEL= :COVED RICHARD R. FREELAND Glt r Or NATIONAL. CITY Re: November 17, 2009 Public Hearing For The Planned. Development Permit, Tentative Subdivision Map And Negative Declaration for 72 UnitCondominium Project On The Southeast Comer Of East Plaza Blvd. And Palm Avenue, Case File No. 2008-46 S, PD, IS TO: THE HONORABLE MAYOR OF THE CITY OF NATIONAL CITY, VICE MAYOR, AND MEMBERS OF THE CITY COUNCIL: The November 17, 2009, hearing on the Tentative Subdivision Map, Planned Development Permit, and Negative Declaration should be continued, and request is made for such continuance for at least two weeks from the presently scheduled hearing. The project applicant, Palm Plaza Properties, LLC, previously stipulated with objecting party to a thirty (30) day. extension. Thestipulation for the extension is revealed in the e-mail from Mr. Mariscal, a copy of -which is attached hereto. Accordingly, even though at the last hearing of November 3, 2009, Mr. Mariscal, in his comments to the Council, declined to agree to a thirty (30) day extension, he had previously promisedin writing to ask for suchan extension. Under these circumstances, it is inequitable for Mr. Mariscal to insist on a hearing on the issue any sooner than December 3, 2009, which is thirty (30) days after the date of the original hearing of November 3-, 2009. SAM:ja cc: Respect ASA Steven A. Mc George Eiser, City Attorney, City of Nati Thrifty Oil Company Fax (619) 336-4327 Steve A. McKinley From: Moshe Sassover [sassover@Thrifty0il.com] Sent: Monday, November 02, 2009 11:50 AM To: - 'sam@akfm.com' Subject: FW: Palm Plaza Original Message From: Moshe Sassover Sent: Friday, October 30, 2009 5:17 PM To: 'sam@akfm.com'; Howard Burns Subject: Fw: Palm Plaza FYI Original Message From: Moshe Sassover To: 'jpCmargroup.eom. <jp@margroup.com> Sent: Fri Oct 30 17:16:29 2009 Subject: Re: Palm Plaza Dear JP: Thanks for your email. I just to clarify that I did not threaten legal action. We discussed a number of. different strategies and asked you for the consideration of a 30 days delay so we could have a full, fair and open process. I again thank you for your agreement to ask for the 30 days delay on Monday when the City re -opens. Regards, Moshe Original Message From: Juan -Pablo Mariscal <jp@margroup.com> To: Moshe Sassover Cc: Howard Burns Sent: Fri Oct 30 16:51:22 2009 Subject: Palm Plaza Dear Moshe, According to your request and threat of a possible legal action against the City and as a good faith effort to cooperate with you in solving any concern that Thrifty Oil might have on our project I will suggest to the City to extend the Council meeting for 30 days: Best Regards, Juan -Pablo Mariscal President 1 915 Camino del Mar Suite 200 Del Mar, Ca 92014 858.794.2600 office 858.724.1409 fax 858.414.2600 cell OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, November 3, 2009, in the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., to consider: A TENTATIVE SUBDIVISION MAP, PLANNED DEVELOPMENT PERMIT AND PROPOSED FINDING OF NO SIGNIFICANT ENVIRONMENTAL EFFECT FOR A 72-UNIT CONDOMINIUM COMPLEX LOCATED NEAR_ THE SOUTHEAST CORNER OF EAST PLAZA BOULEVARD AND PALM AVENUE. Case File No. 2008-46 S, PD, IS Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the public hearing. The Planning Commission took action to recommend approval of this project at their meeting of October 5, 2009. DATED: October 14, 2009 Michael R. l7alla, CMC City Clerk rn Page 1 of 1 Martin Reeder From: Howard Burns [Burns@Thrifty0il.com] Sent: Wednesday, November 25, 2009 1:36 PM To: Martin Reeder Subject: Requesting Appointment with you Follow Up Flag: Follow up Flag Status: Red Hello Martin. Moshe Sassover (and perhaps I will be coming too) would like to meet with you regarding Plaza and Palm and how the Thrifty properties might be 'compatibly developed' with the MAR Group project. We will be bringing down a site plan (or two) for discussion on what variances we might need, your opinion on our design, etc. Ideally you could find time on Wednesday, Dec 2nd between 10:30 and Noon. I suspect a half-hour to 45 minutes would be needed. If the site plan is done in time (by Tuesday afternoon), I will email it to you so you may have time to ponder it prior to our meeting. If this time/day doesn't work, any other time (Wed or Thursday) that you can find for us would be appreciated. Thank you, Howard Burns Howard Burns Director of Real Estate Thrifty Oil Co 13116 Imperial Hwy, Santa Fe Springs, CA 90670 562-921-3581 x 396 bums@thriftyoil.com 12/1/2009 City of National City, California COUNCIL AGENDA STATEMENT FIRST READING EETING DATE5 12-15-09 AGENDA ITEM NO. 15 ITEM TITLE Introduction of an Ordinance of the City of National City to Approve an Amendment to the Contract Between the Board of Administration California Public Employees' Retirement System and the City Council of the City of National City to Provide for a 3% @ 55 Full Formula Benefit for Local Police Members Entering Membership for the First Time in the Police Classification DEPARTMENT Human Resources EXPLANATION As provided for in the current agreement between the City of National City and Ca1PERS, City of National City employees working in designated police classifications have a retirement formula of 3% @ 50 (Section 21362.2). Under the terms of the current Memorandum of Understanding between the City and the Police Officers' Association, individuals hired into the City's police classifications for the first time will not receive the benefit of the 3% @ 50 formula (Section 21363.1). Instead such new hires will receive a benefit of 3% @ 55. Such a change is allowable under Section 20475 (Different Level of Benefits). Environmental Review ✓ N/A Financial Statement Account No. STAFF RECOMMENDATION Recommend adoption of the ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Ordinance L A-200 (9/80) ORDINANCE NO. 2009 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF NATIONAL CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO PROVIDE FOR A 3% @ 55 FULL FORMULA BENEFIT FOR LOCAL POLICE MEMBERS ENTERING MEMBERSHIP FOR THE FIRST TIME IN THE POLICE CLASSIFICATION The City Council of the City of National City does ordain as follows: Section 1. That an Amendment to the Contract between the City of National City and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked as Exhibit "A", and by such reference made a part hereof as though herein set out in full. Section 2. The Mayor is hereby authorized, empowered, and directed to execute said Amendment for and on behalf of the City of National City. Section 3. This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the San Diego Union Tribune, a newspaper of general circulation, published and circulated in the City of National City and thenceforth and thereafter the same shall be in full force and effect. PASSED and ADOPTED this day of , 2010. Ron Morrison, Mayor ATTEST: ictiaei K. uaua, Uity Vier APPROVED AS TO FORM: George H. Eiser, Ill City Attorney CaIPERS California Public Employees' Retirement System EXHIBIT "A" AMENDMENT TO CONTRACT Between the. Board of Administration California Public Employees' Retirement System and the City Council City of National City 41* The Board of. Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1948, and witnessed May 1, 1948, and as amended effective March 1, 1954, July 1, 1954, April 1, 1956, April 1, 1970, December 1, 1972, September 28, 1973,. October 1, 1973, March1, 1974, October 1, 1974, January 16, 1977, October 16, 1978, October 1, y , anua►y , 1985, Decerilber 27, 1988, December 12, 19: -, November 15, 1991, December 27, 1991, June 11, 1993, May 2, 1996, July 9, 2002, September 17, 2002, July 6, 2004 and January 27, 2009 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 15 are hereby stricken from said contract as executed effective January 27, 2009, and hereby replaced by the following. paragraphs numbered 1 through 17 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members; age 50 for Local fire members; age 50. for local police members entering membership in the police classification on or prior to the effective date of this amendment to contract; and age 55 for local police members entering membership for the first time in the police classification after the effective date of this amendment to contract. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1948 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CaIPERS) and its trustees, agents and employees, the CaIPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorneys fees that may arise as a result of any of the following: (a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CaIPERS retirement program. (b) Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than existing retirement benefits, provisions or formulas. (c) Public Agency's agreement with a third party other than CaIPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the Califomia Public Employees' Retirement Law. (d) Public Agency's election to file for bankruptcy under Chapter 9 (commencing with section 901) of Title 11 of the United States Bankruptcy Code and/or Public Agency's election to reject this Contract with the CaIPERS Board of Administration pursuant to section 365, of Title 11, of the United States Bankruptcy Code or any similar provision of law. (e) Public Agency's election to assign this Contract without the prior written consent of the CaIPERS' Board of Administration. (f) The termination of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to the Public Employees' Retirement Law. (g) Changes sponsored by Public Agency in existing retirement benefits, provisions or formulas made as a result of amendments, additions or deletions to California statute or to the California Constitution. 4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). 5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 6. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20305 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. 7. This contract shall be a continuation of the contract of the Community Development Commission of the City of National City, hereinafter referred to as "Former Agency". The accumulated contributions, assets and liability for prior and current service under the Former Agency's contract shall be merged pursuant to Section 20508 of the Government Code. Such merger occurred May 20, 2008. 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after September 17, 2002 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 9. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after September 17, 2002 shall be determined in accordance with Section 21354.3 of said Retirement Law (3% at age 60 Full). 10. The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member and for those local police members entering membership in the police classification on or prior to the effective date of this amendment to contract shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 11. The percentage of final compensation to be provided for each year of credited current service as a local police member entering membership for the first time in the police classification after the effective date of this amendment to contract shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full). 12. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20425 ("Local Police Officer" shall include employees of a police department who were employed to perform identification or communication duties on August 4, 1972 and who elected to be local safety members). b. Section 21222.1 (One -Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. c. Sections 21624 and 21626 (Post -Retirement Survivor Allowance). d. Section 21573 (Third Level of 1959 Survivor Benefits). e. Section 20965 (Credit for Unused Sick Leave). f. Section 21325 (One -Time 3% to 15% Increase For Local Miscellaneous Members Who Retired or Died Prior to January 1, 1974). Legislation repealed said Section effective January 1, 2002. g- Section 20042 (One -Year Final Compensation). h. Section 20903 (Two Years Additional Service Credit). Section 20475 (Different Level of Benefits). Section 21362.2 (3% @ 50 Full Formula) is applicable to only those local police members entering membership in the police classification on or prior to the effective date of this amendment to contract. Section 21363.1 (3% @ 55 Full Formula) is applicable to local police members entering membership for the first time in the police classification after the effective date of this amendment to contract. 13. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on January 16, 1977. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Govemment Code Section 20834. 14. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 15. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 16. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. B. 17. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or Tess than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. This amendment shall be effective`on the day of BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY LORI MCGARTLAND, CHIEF EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL CITY OF NATIONAL CITY BY PRESIDING OFFICER Witnes&bate Attest: Clerk AMENDMENT ER# 190 PERS-CON-702A City of National City, California COUNCIL AGENDA STATEMENT EETING DATE December 15, 2009 AGENDA ITEM NO. 16 ITEM TITLE Report on the State Required Model Water Efficient Landscape Ordinance, AB 1881 P 9 P PREPARED BY Peggy Chapin, 336-4319 EXPLANATION DEPARTMENT Development Services/Planning Division In response to current drought conditions and water forecasts, the State of California Department of Water Resources (DWR) adopted an updated Model Water Efficient Landscape Ordinance on September 10, 2009. Cities and counties must adopt their own landscape water conservation ordinances that are "at least as effective" as the model ordinance by January 1, 2010 or the Model Ordinance will automatically go into effect on that date. By January 31, 2010 local agencies must notify DWR which ordinance is in place, provide a copy of the ordinance and include "Findings" and Evidence in Record." The following Background Report describes the State ordinance, its applicability on public and private development and redevelopment, and offers possible options. I\ / Environmental Review x N/A Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION Direct staff to prepare a Water Efficient Land patterns and that compli w' he State t ards. BOARD 1 COMMISS E MENDATION N/A Ordinance that is tailored to the City's current development ATTACHMENTS ( Listed Below) Resolution No. 1. Background Report 4. CWA Draft Water Efficient Landscape Regulations 2. Model Water Efficient Landscape Ordinance 3. Instructions for Modifying the Model Ordinance for Local Adoption A-200 (9/99) BACKGROUND The City of National City adopted Guidelines for On -Site Landscaping in June 1992. The primary purpose of these guidelines is to improve the appearance of the City. The guidelines are used when preparing landscape and irrigation plans for residential, commercial, industrial, and institutional projects. Projects that propose a total landscaped area of 500 square feet or less, single-family residential and registered historical sites are exempt from the requirements. The guidelines encourages water conservation through the use of drought -tolerant plants, mulch to reduce water loss through evaporation, limit the area of turf and high water usage plant material, and discourages the use of water features. The State is now requiring that the City adopt a landscape ordinance whose primary purpose is to reduce water consumption. After January 1, 2010, the state ordinance would apply to the following: 1. Development projects including public agency and private development with a landscape area of 2,500 square feet or more requiring building permit, landscape permit, plan check, or design review. 2. New construction for homeowner -provided single-family and multi -family residential projects with a total project landscape area of 5,000 square feet or greater requiring building permit, landscape permit, plan check, or design review. The key elements of the Model Water Efficient Landscape Ordinance (AB 1881) include: • Minimize overspray and runoff • Landscape water budgets • Appropriate use and groupings of plants • Automatic irrigation systems and schedules • Soil assessment and soil management plans • Include landscape maintenance practices • Encourage the capture and retention of storm water onsite • Encourage the use of recycled water • Encourage use of economic incentives • Educate water users. Specifically, the ordinance utilizes Evapotranspiration Adjustment Factor (ETAF), a combination of evaporation of water and transpiration from plants, to assess the adequacy of the plant selection and water usage by creating a Water Budget. A Water Budget is the Maximum Applied Water Allowance or MAWA for applicable new and rehabilitated landscapes. The water budgets are based on landscape area and evapotranspiration rates for National City. A second formula is used to determine the estimated water use for a landscape project based on the type of plants (e.g. low, medium, high water use), the type of irrigation (e.g. spray, drip, or high efficiency rotating sprinklers), and whether or not recycled water is used. A landscape project could not be approved unless the estimated water use of the project is less than its calculated water budget. Applicants would be required to submit a Landscape Documentation Package to the City, prior to installation of the landscape project. This package would include the water budget and estimated water use calculations demonstrating that the water budget will not be exceeded. The landscape and irrigation designer must certify that the water budget will not be exceeded for a given landscape project. 1 Background Report December 15, 2009 Model Water Efficient Landscape Ordinance The plans must be prepared by a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape (pursuant to the Business and Professions Code). The ordinance establishes altematives for monitoring and enforcing approved water budgets through the use of irrigation audits by a Certified Landscape Irrigation Auditor, irrigation surveys (less intensive than audits), water use (billing) analysis, or other methods as determined by the local jurisdiction. The audits are conducted once the landscape and irrigation is installed. The City may elect to administer audit programs to ensure compliance with the Maximum Applied Water Allowance_ Staff has evaluated the model ordinance against its currently established code and permit requirements. Currently, the city's guidelines serve to guide landscape designs but are not mandated. The guidelines do not address the efficiency of the irrigation system or irrigation scheduling; do not require a water budget analysis to determine that the adequacy of the irrigation system without wasting or overusing water; do not require grouping of plant materials in hydrozones; or a landscape documentation component to ensure compliance. The affect on City's residents would be minimal since the ordinance applies to single family home owners who require a building permit on properties containing 5,000 square feet or more of landscaped area. Most of the single-family residential lots within the City or 5,000 square feet or less and the landscaped area would not include any buildings and driveways. The ordinance would apply to properties of greater than 5,000 square feet of landscaped area for single-family homes (the areas zoned RS-3 frequently contain 10,000 square feet lots) and to other development (commercial, industrial, and city owned property) with landscaped areas of 2,500 square feet or greater. Several San Diego County cities collaborated with the County Water Authority to prepare a water conservation landscape ordinance similar to the State ordinance. Some of these cities have plans to adopt an ordinance similar to the collaborated ordinance or have adopted San Diego's County's ordinance until they prepare their own ordinance. The cities of Santee and La Mesa have adopted their own ordinance while Escondido, Coronado, Poway, El Cajon, and Encinitas have drafted or are currently drafting ordinances for consideration. The City of Vista is exploring options to the State model ordinance. Options: There are several options that the Council may consider. 1. Prepare a Water Conservation Ordinance that complies with the intent of the State ordinance. By adopting its own ordinance, the City can: • Impose a self -certification process rather than require a developer/property owner hire an independent certified landscape irrigation auditor, • Impose a fee for staff review of the landscape project, • Institute a specific process for review of the landscape documentation package. • Determine appropriate altematives and exemptions, and • Work collaboratively with Sweetwater Authority to assist in implementation of the ordinance by performing water audits in accordance with the Guidelines. 2 Background Report December 15, 2009 Model Water Efficient Landscape Ordinance • Consolidate landscape requirements within the Land Use Code and the Landscape Guidelines. Review and prepare an ordinance similar to the San Diego County Water Authority's collaborated Water Efficient Landscape Regulations (see attached). 3. Present the State ordinance for adoption with specific changes as noted in the "Instructions for modifying the Model Ordinance for Local Adoption" (see attached). Recommendation: Staff recommends the City Council direct staff to prepare a Water Efficient Landscape Ordinance that is tailored to the City current development pattems and incorporates other City landscape standards and guidelines to create one comprehensive landscape ordinance that complies with the State standards. 3 Model Water Efficient Landscape Ordinance September 10, 2009 California Code of Regulations Title 23. Waters Division 2. Department of Water Resources Chapter 2.7. Model Water Efficient Landscape Ordinance § 490. Purpose. (a) The State Legislature has found: (1) that the waters of the state are of limited supply and are subject to ever increasing demands; (2) that the continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses; (3) that it is the policy of the State to promote the conservation and efficient use of water and to prevent the waste of this valuable resource; (4) that landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development; and (5) that landscape design, installation, maintenance and management can and should be water efficient; and (6) that Section 2 of Article X of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste or unreasonable method of use. (b) Consistent with these legislative findings, the purpose of this model ordinance is to: (1) promote the values and benefits of landscapes while recognizing the need to invest water and other *'°ources as efficiently as possible; establish a structure for planning, designing, installing, maintaining and managing water efficient ►andscapes in new construction and rehabilitated projects; (3) establish provisions for water management practices and water waste prevention for existing landscapes; (4) use water efficiently without waste by setting a Maximum Applied Water Allowance as an upper limit for water use and reduce water use to the lowest practical amount; (5) promote the benefits of consistent landscape ordinances with neighboring local and regional agencies; (6) encourage local agencies and water purveyors to use economic incentives that promote the efficient use of water, such as implementing a tiered -rate structure; and (7) encourage local agencies to designate the necessary authority that implements and enforces the provisions of the Model Water Efficient Landscape Ordinance or its local landscape ordinance. Note: Authority cited: Section 65593, Government Code. Reference: Sections 65591, 65593, 65596, Government Code. § 490.1 Applicability (a) After January 1, 2010, this ordinance shall apply to all of the following landscape projects: (1) new construction and rehabilitated landscapes for public agency projects and private development projects with a landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check or design review; (2) new construction and rehabilitated landscapes which are developer -installed in single-family and Iti-family projects with a landscape area equal to or greater than 2,500 square feet requiring a lding or landscape permit, plan check, or design review; 5 2 (3) new construction landscapes which are hgmeowner-provided and/or homeowner -hired in single- family and multi -family residential projects with a total project landscape area equal to or greater than 5,000 square feet requiring a building or landscape permit, plan check or design review; (4) existing landscapes limited to Sections 493, I and 493.2; and (5) cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Sections 492.4, 492.11 and 492.12; and existing cemeteries are limited to Sections 493, 493.1 and 493.2. (b) This ordinance does not apply to: (1) registered local, state or federal historical sites; (2) ecological restoration projects that do not require a permanent irrigation system; (3) mined -land reclamation projects that do not require a permanent irrigation system; or (4) plant collections, as part of botanical gardens and arboretums open to the public. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 491. Definitions. The terms used in this ordinance have the meaning set forth below: (a) "applied water" means the portion of water supplied by the irrigation system to the landscape. (b) "automatic irrigation controller" means an automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers schedule irrigation events using either evapotranspiration (weather -based) or soil moisture data. (c) "backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. (d) "Certificate of Completion" means the document required under Section 492.9. (e) "certified irrigation designer" means a person certified to design irrigation systems by an accredited academic institution a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation designer certification program and Irrigation Association's Certified Irrigation Designer program. (f) "certified landscape irrigation auditor" means a person certified to perform Landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program. (g) "check valve" or "anti -drain valve" means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off. (h) "common interest developments" means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351. (i) "conversion factor (0.62)" means the number that converts acre -inches per acre per year to gallons per square foot per year (j) "drip irrigation" means any non -spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. (k) "ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. (1)"effective precipitation" or "usable rainfall" (Eppt) means the portion of total precipitation which becomes available for plant growth. (m) "emitter" means a drip irrigation emission device that delivers water slowly from the system to the soil. (n) "established landscape" means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth. 3 (o) "establishment period of the plants" means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are .ablished after one or two years of growth. "Estimated Total Water Use" (ETWU) means the total water used for the landscape as described in Section 492.4. (q) "ET adjustment factor" (ETAF) means a factor of 0.7, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. A combined plant mix with a site -wide average of 0.5 is the basis of the plant factor portion of this calculation. For purposes of the ETAF, the average irrigation efficiency is 0.71. Therefore, the ET Adjustment Factor is (0.7)=(0.5/0.71). ETAF for a Special Landscape Area shall not exceed 1.0. ETAF for existing non -rehabilitated Landscapes is 0.8. (r) "evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. (s) "flow rate" means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second. (t) "hardscapes" means any durable material (pervious and non -pervious). (u) "homeowner -provided landscaping" means any landscaping either installed by a private individual for a single family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for purposes of this ordinance, is a person who occupies the dwelling he or she owns. This excludes speculative homes, which are not owner -occupied dwellings. (v) "hydrozone" means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non -irrigated. (w) "infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour). "invasive plant species" means species of plants not historically found in California that spread .,..side cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. "Noxious weeds" means any weed designated by the Weed Control Regulations in the Weed Control Act and identified on a Regional District noxious weed control list. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database. (y) "irrigation audit" means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. (z) "irrigation efficiency" (IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of this ordinance is 0.71. Greater irrigation efficiency can be expected from well designed and maintained systems. (aa) "irrigation survey" means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system. (bb) "irrigation water use analysis" means an analysis of water use data based on meter readings and billing data. (cc) "landscape architect" means a person who holds a license to practice landscape architecture in the state of Califomia Business and Professions Code, Section 5615. ' ' ') "landscape area" means all the planting areas, turf areas, and water features in a landscape design a subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or 4 stone walks, other pervious or non -pervious hardscapes, and other non -irrigated areas designated for non -development (e.g., open spaces and existing native vegetation). (ee) "landscape contractor" means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems. (If) "Landscape Documentation Package" means the documents required under Section 492.3. (gg) "landscape project" means total area of landscape in a project as defined in "landscape area" for the purposes of this ordinance, meeting requirements under Section 490.1. (hh) "lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. (ii) "local agency" means a city or county, including a charter city or charter county, that is responsible for adopting and implementing the ordinance. The local agency is also responsible for the enforcement of this ordinance, including but not limited to, approval of a permit and plan check or design review of a project. (jj) "local water purveyor" means any entity, including a public agency, city, county, or private water company that provides retail water service. (kk) "low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low -volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. (11) "main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet. (mm) "Maximum Applied Water Allowance" (MAWA) means the upper limit of annual applied water for the established landscaped area as specified in Section 492.4. It is based upon the area's reference evapotranspiration, the ET Adjustment Factor, and the size of the landscape area. The Estimated Total Water Use shall not exceed the Maximum Applied Water Allowance. Special Landscape Areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. (nn) "microclimate" means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces. (oo) "mined -land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. (pp) "mulch" means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. (qq) "new construction" means, for the purposes of this ordinance, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building. (rr) "operating pressure" means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate. (ss) "overhead sprinkler irrigation systems" means systems that deliver water through the air (e.g., spray heads and rotors). (tt) "overspray" means the irrigation water which is delivered beyond the target area. (uu) "permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscapes. (vv) "pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. (ww) "plant factor" or "plant water use factor" is a factor , when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this ordinance, the plant factor range for low water 5 use plants is 0 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this ordinance are derived from Department of Water Resources 2000 publication "Water Use Classification of Landscape Species". ) "precipitation rate" means the rate of application of water measured in inches per hour. (yy) "project applicant" means the individual or entity submitting a Landscape Documentation Package required under Section 492.3, to request a permit, plan check, or design review from the local agency. A project applicant may be the property owner or his or her designee. (zz) "rain sensor" or "rain sensing shutoff device" means a component which automatically suspends an irrigation event when it rains. (aaa) "record drawing" or "as-builts" means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data famished by the contractor. (bbb) "recreational area" means areas dedicated to active play such as parks, sports fields, and golf courses where turf provides a playing surface. (ccc) "recycled water", "reclaimed water", or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for non -potable uses such as landscape irrigation and water features. This water is not intended for human consumption. (ddd) "reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in Section 495.1, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool -season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowance so that regional differences in climate can be accommodated. (eee) "rehabilitated landscape" means any re -landscaping project that requires a permit, plan check, or design review, meets the requirements of Section 490.1, and the modified landscape area is equal to or ater than 2,500 square feet, is 50% of the total landscape area, and the modifications are completed ...shin one year. (fff) "runoff" means water which is not absorbed by the soil or Landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope. (ggg) "soil moisture sensing device" or "soil moisture sensor" means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event. (hhh) "soil texture" means the classification of soil based on its percentage of sand, silt, and clay. (iii)"Special Landscape Area" (SLA) means an area of the landscape dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface. (jjj) "sprinkler head" means a device which delivers water through a nozzle. (kkk) "static water pressure" means the pipeline or municipal water supply pressure when water is not flowing. (111) "station" means an area served by one valve or by a set of valves that operate simultaneously. (mmm) "swing joint" means an irrigation component that provides a flexible, leak -free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage. (nnn) "turf" means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool -season grasses: Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm -season grasses. (000) "valve" means a device used to control the flow of water in the irrigation system. p) "water conserving plant species" means a plant species identified as having a low plant factor. q) "water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and 6 9 swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on -site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation. (rrr) "watering window" means the time of day irrigation is allowed. (sss) "WUCOLS" means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension, the Department of Water Resources and the Bureau of Reclamation, 2000. Note: Authority Cited: Section 65595, Government Code. Reference: Sections 65592, 65596, Government Code. § 492. Provisions for New Construction or Rehabilitated Landscapes. (a) A local agency may designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this ordinance. Local agencies may collaborate with water purveyors to define each entity's specific responsibilities relating to this ordinance. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.1 Compliance with Landscape Documentation Package. (a) Prior to construction, the local agency shall: (1) provide the project applicant with the ordinance and procedures for permits, plan checks, or design reviews; (2) review the Landscape Documentation Package submitted by the project applicant; (3) approve or deny the Landscape Documentation Package; (4) issue a permit or approve the plan check or design review for the project applicant; and (5) upon approval of the Landscape Documentation Package, submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor. (b) Prior to construction, the project applicant shall: (1) submit a Landscape Documentation Package to the local agency. (c) Upon approval of the Landscape Documentation Package by the Local agency, the project applicant shall: (1) receive a permit or approval of the plan check or design review and record the date of the permit in the Certificate of Completion; (2) submit a copy of the approved Landscape Documentation Package along with the record drawings, and any other information to the property owner or his/her designee; and (3) submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.2 Penalties. (a) A local agency may establish and administer penalties to the project applicant for non-compliance with the ordinance to the extent permitted by law. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. 7 10 § 492.3 Elements of the Landscape Documentation Package. [he Landscape Documentation Package shall include the following six (6) elements: _, project information; (A)date (B) project applicant (C) project address (if available, parcel and/or lot number(s)) (D) total landscape area (square feet) (E) project type (e.g., new, rehabilitated, public, private, cemetery, homeowner -installed) (F) water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well (G) checklist of all documents in Landscape Documentation Package (H) project contacts to include contact information for the project applicant and property owner (I) applicant signature and date with statement, "I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package". (2) Water Efficient Landscape Worksheet; (A) hydrozone information table (B) water budget calculations 1. Maximum Applied Water Allowance (MAWA) 2. Estimated Total Water Use (ETWU) (3) soil management report; (4) landscape design plan; (5) irrigation design plan; and (6) grading design plan. e: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.4 Water Efficient Landscape Worksheet. (a) A project applicant shall complete the Water Efficient Landscape Worksheet which contains two sections (see sample worksheet in Appendix B): (1) a hydrozone information table (see Appendix B, Section A) for the landscape project; and (2) a water budget calculation (see Appendix B, Section B) for the landscape project. For the calculation of the Maximum Applied Water Allowance and Estimated Total Water Use, a project applicant shall use the ETo values from the Reference Evapotranspiration Table in Appendix A. For geographic areas not covered in Appendix A, use data from other cities located nearby in the same reference evapotranspiration zone, as found in the CIMIS Reference Evapotranspiration Zones Map, Department of Water Resources, 1999. (b) Water budget calculations shall adhere to the following requirements: (1) The plant factor used shall be from WUCOLS. The plant factor ranges from 0 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants. (2) All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone. (3) All Special Landscape Areas shall be identified and their water use calculated as described below. (4) ETAF for Special Landscape Areas shall not exceed 1.0. (c) Maximum Applied Water Allowance The Maximum Applied Water Allowance shall be calculated using the equation: ,WA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)] 11 8 The example calculations below are hypothetical to demonstrate proper use of the equations and do not represent an existing and/or planned landscape project. The ETo values used in these calculations are from the Reference Evapotranspiration Table in Appendix A, for planning purposes only. For actual irrigation scheduling, automatic irrigation controllers are required and shall use current reference evapotranspiration data, such as from the California Irrigation Management Information System (CIMIS), other equivalent data, or soil moisture sensor data. (1) Example MAWA calculation: a hypothetical landscape project in Fresno, CA with an irrigated landscape area of 50,000 square feet without any Special Landscape Area (SLA= 0, no edible plants, recreational areas, or use of recycled water). To calculate MAWA, the annual reference evapotranspiration value for Fresno is 51.1 inches as listed in the Reference Evapotranspiration Table in Appendix A. MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)] MAWA = Maximum Applied Water Allowance (gallons per year) ETo = Reference Evapotranspiration (inches per year) 0.62 = Conversion Factor (to gallons) 0.7 = ET Adjustment Factor (ETAF) LA = Landscape Area including SLA (square feet) 0.3 = Additional Water Allowance for SLA SLA = Special Landscape Area (square feet) MAWA = (51.1 inches) (0.62) [(0.7 x 50,000 square feet) + (0.3 x 0)] = 1,108,870 gallons per year To convert from gallons per year to hundred -cubic -feet per year: = 1,108,870/748 = 1,482 hundred -cubic -feet per year (100 cubic feet = 748 gallons) (2) In this next hypothetical example, the landscape project in Fresno, CA has the same ETo value of 51.1 inches and a total landscape area of 50,000 square feet. Within the 50,000 square foot project, there is now a 2,000 square foot area planted with edible plants. This 2,000 square foot area is considered to be a Special Landscape Area. MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)] MAWA = (51.1 inches) (0.62) [(0.7 x 50,000 square feet) + (0.3 x 2,000 square feet)] = 31.68 x [35,000 + 600] gallons per year = 31.68 x 35,600 gallons per year =1,127,808 gallons per year or 1,508 hundred -cubic -feet per year (d) Estimated Total Water Use. The Estimated Total Water Use shall be calculated using the equation below. The sum of the Estimated Total Water Use calculated for all hydrozones shall not exceed MAWA. ETWU = (ETo)(0.62)I P jEHA +SLA I Where: SLA) ETWU = Estimated Total Water Use per year (gallons) ETo = Reference Evapotranspiration (inches) PF = Plant Factor from WUCOLS (see Section 491) HA = Hydrozone Area [high, medium, and low water use areas] (square feet) SLA = Special Landscape Arca (square feet) 0.62 = Conversion Factor IE = Irrigation Efficiency (minimum 0.71) 9 12 (1) Example ETWU calculation: landscape area is 50,000 square feet; plant water use type, plant factor, 1 hydrozone area are shown in the table below. The ETo value is 51.1 inches per year. There are no vial Landscape Areas (recreational area, area permanently and solely dedicated to edible plants, and area irrigated with recycled water) in this example. Hydrozone Plant Water Use Type(s) Plant Factor (PF)* Hydrozone Area (HA) (square feet) PF x HA (square feet) 1 High 0.8 7,000 5,600 2 High 0.7 10,000 7,000 3 Medium 0.5 16,000 8,000 4 Low 0.3 7,000 2,100 5 Low 0.2 10,000 2,000 Sum 24,700 *Plant Factor from WUCOLS ETWU= (51.1)(0.62)(24'700+0 j l 0.71 JJJ = 1,102,116 gallons per year Compare ETWU with MAWA: For this example MAWA = (51.1) (0.62) [(0.7 x 50,000) + (0.3 x 0)] = 1,108,870 gallons per year. The ETWU (1,102,116 gallons per year) is less than MAWA (1,108,870 gallons per year). In this example, the water budget complies with the MAWA. Example ETWU calculation: total landscape area is 50,000 square feet, 2,000 square feet of which is ned with edible plants. The edible plant area is considered a Special Landscape Area (SLA). The reference evapotranspiration value is 51.1 inches per year. The plant type, plant factor, and hydrozone area are shown in the table below. Hydrozone Plant Water Use Type(s) Plant Factor (PF)* Hydrozone Area (HA) (square feet) PF x HA (square feet) 1 High 0.8 7,000 5,600 2 High 0.7 9,000 6,300 3 Medium 0.5 15,000 7,500 4 Low 0.3 7,000 2,100 5 Low 0.2 10,000 2,000 Sum 23,500 6 SLA 1.0 2,000 2,000 *Plant Factor from WUCOLS ETWU = (51.1)(0.62)(23'500 + 2,000) 10.71 = (11.68) (33,099 + 2,000) 111,936 gallons per year 13 10 Compare ETWU with MAWA. For this example: .MAWA = (51.1) (0.62) [(0.7 x 50,000) + (0.3 x 2,000)] = 31.68 x [35,000 + 600] 31.68 x 35,600 =1,127,808 gallons per year The ETWU (1,111,936 gallons per year) is less than MAWA (1,127,808 gallons per year). For this example, the water budget complies with the MAWA. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.5 Soil Management Report. (a) In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or his/her designee, as follows: (1) Submit soil samples to a laboratory for analysis and recommendations. (A) Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants. (B) The soil analysis may include: 1. soil texture; • 2. infiltration rate determined by laboratory test or soil texture infiltration rate table; 3. pH; 4. total soluble salts; 5. sodium; 6. percent organic matter; and 7. recommendations. (2) The project applicant, or his/her designee, shall comply with one of the following: (A) If significant mass grading is not planned, the soil analysis report shall be submitted to the local agency as part of the Landscape Documentation Package; or (B) If significant mass grading is planned, the soil analysis report shall be submitted to the local agency as part of the Certificate of Completion. (3) The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans. (4) The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the local agency with Certificate of Completion. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.6 Landscape Design Plan. (a) For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package. (1) Plant Material (A) Any plant may be selected for the landscape, providing the Estimated Total Water Usc in the landscape area does not exceed the Maximum Applied Water Allowance. To encourage the efficient use of water, the following is highly recommended: 1. protection and preservation of native species and natural vegetation; 2. selection of water -conserving plant and turf species; 14 11 3. selection of plants based on disease and pest resistance; 4. selection of trees based on applicable local tree ordinances or tree shading guidelines; and selection of plants from local and regional landscape program plant lists. „) Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in Section 492.7(a)(2)(D). (C) Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. To encourage the efficient use of water, the following is highly recommended: 1. use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate; 2. recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure [e.g., buildings, sidewalks, power lines]; and 3. consider the solar orientation for plant placement to maximize summer shade and winter solar gain. (D) Turf is not allowed on slopes greater than 25% where the toe of the slope is adjacent to an impermeable hardscape and where 25% means 1 foot of vertical elevation change for every 4 feet of horizontal length (rise divided by run x 100 = slope percent). (E) A landscape design plan for projects in fire -prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire -prone plant materials and highly flammable mulches. (F) The use of invasive and/or noxious plant species is strongly discouraged. (G) The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group. (2) Water Features d ) Recirculating water systems shall be used for water features. Where available, recycled water shall be used as a source for decorative water features. t._.) Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation. (D) Pool and spa covers are highly recommended. (3) Mulch and Amendments (A) A minimum two inch (2") layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. (B) Stabilizing mulching products shall be used on slopes. (C) The mulching portion of the seed/mulch slurry in hydro -seeded applications shall meet the mulching requirement. (D) Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected (see Section 492.5). (b) The landscape design plan, at a minimum, shall: (1) delineate and label each hydrozone by number, letter, or other method; (2) identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation; (3) identify recreational areas; (4) identify areas permanently and solely dedicated to edible plants; (5) identify areas irrigated with recycled water; (6) identify type of mulch and application depth; (7) identify soil amendments, type, and quantity; ""' identify type and surface area of water features; identify hardscapes (pervious and non -pervious); 15 12 (10) identify location and installation details of any applicable stormwater best management practices that encourage on -site retention and infiltration of stormwater. Stormwater best management practices are encouraged in the landscape design plan and examples include, but are not limited to: (A) infiltration beds, swales, and basins that allow water to collect and soak into the ground; (B) constructed wetlands and retention ponds that retain water, handle excess flow, and filter pollutants; and (C) pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or porous concrete, etc.) that minimize runoff. (11) identify any applicable rain harvesting or catchment technologies (e.g., rain gardens, cisterns, etc.); (12) contain the following statement: "I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan"; and (13) bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Titlel6 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code.) Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code and Section 1351, Civil Code. § 492.7 Irrigation Design Plan. (a) For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers' recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package. (1) System (A) Dedicated landscape water meters are highly recommended on landscape areas smaller than 5,000 square feet to facilitate water management. (B) Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data shall be required for irrigation scheduling in all irrigation systems. (C) The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance. 1. If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure -regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system. 2. Static water pressure, dynamic or operating pressure. and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation. (D) Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain. (E) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair. 16 13 (F) Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system.. A project applicant shall refer to the applicable local agency code (i.e., public health) r additional backflow prevention requirements. ‘,.,) High flow sensors that detect and report high flow conditions created by system damage or malfunction are recommended. - (H) The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non -targeted areas, such as adjacent property, non - irrigated areas, hardscapes, roadways, or structures. - (I) Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems. (J) The design of the irrigation system shall conform to the hydrozones of the landscape design plan. (K) The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Section 492.4 regarding the Maximum Applied Water Allowance. (L) It is highly recommended that the project applicant or local agency inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system. (M) In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone. (N) Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations. (0) Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations. (P) Swing joints or other riser -protection components are required on all risers subject to damage that are adjacent to high traffic areas. ff.') Check valves or anti -drain valves are required for all irrigation systems. Narrow or irregularly shaped areas, including turf, less than eight (8) feet in width in any direction snail be irrigated with subsurface irrigation or low volume irrigation system. (S) Overhead irrigation shall not be permitted within 24 inches of any non -permeable surface. Allowable irrigation within the setback from non -permeable surfaces may include drip, drip line, or other low flow non -spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if: 1. the landscape area is adjacent to permeable surfacing and no runoff occurs; or 2. the adjacent non -permeable surfaces are designed and constructed to drain entirely to landscaping; or 3. the irrigation designer specifies an alternative design or technology, as part of the Landscape Documentation Package and clearly demonstrates strict adherence to irrigation system design criteria in Section 492.7 (a)(1)(H). Prevention of overspray and runoff must be confirmed during the irrigation audit. (T) Slopes greater than 25% shall not be irrigated with an irrigation system with a precipitation rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit. (2) Hydrozone (A) Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. (B) Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone. -) Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf. Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if: 17 14 1. plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or 2. the plant factor of the higher water using plant is used for calculations. (E) Individual hydrozones that mix high and low water use plants shall not be permitted. (F) On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the Hydrozone Information Table (see Appendix B Section A). This table can also assist with the irrigation audit and programming the controller. (b) The irrigation design plan, at a minimum, shall contain: (1) location and size of separate water meters for landscape; (2) location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices; (3) static water pressure at the point of connection to the public water supply; (4) flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station; (5) recycled water irrigation systems as specified in Section 492.14; (6) the following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan"; and (7) the signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agricultural Code.) Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.8 Grading Design Plan. (a) For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted as part of the Landscape Documentation Package. A comprehensive grading plan prepared by a civil engineer for other local agency permits satisfies this requirement. (1) The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including: (A) height of graded slopes; (B) drainage patterns; (C) pad elevations; (D) finish grade; and (E) stormwater retention improvements, if applicable. (2) To prevent excessive erosion and runoff, it is highly recommended that project applicants: (A) grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non -permeable hardscapes; (B) avoid disruption of natural drainage patterns and undisturbed soil; and (C) avoid soil compaction in landscape areas. (3) The grading design plan shall contain the following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the grading design plan" and shall bear the signature of a licensed professional as authorized by law. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. 15 18 § 492.9 Certificate of Completion. (a) The Certificate of Completion (see Appendix C for a sample certificate) shall include the following it (6) elements: project information sheet that contains: (A) date; (B) project name; (C) project applicant name, telephone, and mailing address; (D) project address and location; and (E) property owner name, telephone, and mailing address; (2) certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved Landscape Documentation Package; (A) where there have been significant changes made in the field during construction, these "as -built" or record drawings shall be included with the certification; (3) irrigation scheduling parameters used to set the controller (see Section 492.10); (4) landscape and irrigation maintenance schedule (see Section 492.11); (5) irrigation audit report (see Section 492.12); and (6) soil analysis report, if not submitted with Landscape Documentation Package, and documentation verifying implementation of soil report recommendations (see Section 492.5). (b) The project applicant shall: (1) submit the signed Certificate of Completion to the local agency for review; (2) ensure that copies of the approved Certificate of Completion are submitted to the local water purveyor and property owner or his or her designee. (c) The local agency shall: ) receive the signed Certificate of Completion from the project applicant; • approve or deny the Certificate of Completion. If the Certificate of Completion is denied, the local agency shall provide information to the project applicant regarding reapplication, appeal, or other assistance. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.10 Irrigation Scheduling. (a) For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria: (1) Irrigation scheduling shall be regulated by automatic irrigation controllers. (2) Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. (3) For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the Estimated Total Water Use. Total annual applied water shall be less than or equal to Maximum Applied Water Allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data. 40 Parameters used to set the automatic controller shall be developed and submitted for each of the following: (A) the plant establishment period; 19 16 (B) the established landscape; and (C) temporarily irrigated areas. (5) Each irrigation schedule shall consider for each station all of the following that apply: (A) irrigation interval (days between irrigation); (B) irrigation run times (hours or minutes per irrigation event to avoid runoff); (C) number of cycle starts required for each irrigation event to avoid runoff; (D) amount of applied water scheduled to be applied on a monthly basis; (E) application rate setting; (F) root depth setting; (G) plant type setting; (H) soil type; (I) slope factor setting; (J) shade factor setting; and (K) irrigation uniformity or efficiency setting. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.11 Landscape and Irrigation Maintenance Schedule. (a) Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion. (b) A regular maintenance schedule shall include, but not be limited to, routine inspection; adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing and obstruction to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. (c) Repair of all irrigation equipment shall be done with the originally installed components or their equivalents. (d) A project applicant is encouraged to implement sustainable or environmentally -friendly practices for overall landscape maintenance. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.12 Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis. (a) All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. (b) For new construction and rehabilitated landscape projects installed after January I , 2010, as described in Section 490.1: (1) the project applicant shall submit an irrigation audit report with the Certificate of Completion to the local agency that may include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule; (2) the local agency shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the Maximum Applied Water Allowance. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. 20 17 § 492.13 Irrigation Efficiency. - (al For the purpose of determining Maximum Applied Water Allowance, average irrigation efficiency is ;umed to be 0.71. Irrigation systems shall be designed, maintained, and managed to meet or exceed an erage landscape irrigation efficiency of 0.71. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.14 Recycled Water. (a) The installation of recycled water irrigation systems shall allow for the current and future use of recycled water, unless a written exemption has been granted as described in Section 492.14(6). (b) Irrigation systems and decorative water features shall use recycled water unless a written exemption has been granted by the local water purveyor stating that recycled water meeting all public health codes and standards is not available and will not be available for the foreseeable future. (c) All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws. (d) Landscapes using recycled water are considered Special Landscape Areas. The ET Adjustment Factor for Special Landscape Areas shall not exceed 1.0. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.15 Stormwater Management. (a) Stormwater management practices minimize runoff and increase infiltration which recharges ^roundwater and improves water quality_ Implementing stormwater best management practices into the idscape and grading design plans to minimize runoff and to increase on -site retention and infiltration are encouraged. (b) Project applicants shall refer to the local agency or Regional Water Quality Control Board for information on any applicable stormwater ordinances and stormwater management plans. (c) Rain gardens, cisterns, and other landscapes features and practices that increase rainwater capture and create opportunities for infiltration and/or onsite storage are recommended. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.16 Public Education. (a) Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water is encouraged in the community. (1) A local agency shall provide information to owners of new, single-family residential homes regarding the design, installation, management, and maintenance of water efficient. landscapes. (b) Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this ordinance. (1) Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme. (2) Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes. te: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. 21 18 § 492.17 Environmental Review. (a) The local agency must comply with the California Environmental Quality Act (CEQA), as appropriate. Note: Authority cited: Section 21082, Public Resources Code. Reference: Sections 21080, 21082, Public Resources Code. § 493. Provisions for Existing Landscapes. (a) A local agency may designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this ordinance. Local agencies may collaborate with water purveyors to define each entity's specific responsibilities relating to this ordinance. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 493.1 Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis. (a) This section, 493.1, shall apply to all existing landscapes that were installed before January 1, 2010 and are over one acre in size. (1) For all landscapes in 493.1(a) that have a water meter, the local agency shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing landscapes. The Maximum Applied Water Allowance for existing landscapes shall be calculated as: MAWA = (0.8) (ETo)(LA)(0.62). (2) For all landscapes in 493.1(a), that do not have a meter, the local agency shall administer programs that may include, but not be limited to, irrigation surveys and inrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste. (b) All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 493.2 Water Waste Prevention. (a) Local agencies shall prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff from leaving the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non -irrigated areas, walks, roadways, parking lots, or structures. Penalties for violation of these prohibitions shall be established locally. (b) Restrictions regarding overspray and runoff may be modified if: (1) the landscape area is adjacent to permeable surfacing and no runoff occurs; or (2) the adjacent non -permeable surfaces are designed and constructed to drain entirely to landscaping. Note: Authority cited: Section 65594, Government Code. Reference: Section 65596, Government Code_ § 494. Effective Precipitation. (a) A local agency may consider Effective Precipitation (25% of annual precipitation) in tracking water use and may use the following equation to calculate Maximum Applied Water Allowance: MAWA= (ETo - Eppt) (0.62) [(0.7 x LA) + (0.3 x SLA)]. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. 22 19 A npendices. tippendix A. Reference Evapotranspiration (ETo) Table. 23 20 Appendix A - Reference Evapotranspiration (ETo) Table* Annual County and City Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ETo ALAMEDA Fremont 1.5 1.9 3.4 4.7 5.4 6.3 6.7 6.0 4.5 3.4 1.8 1.5 47.0 Livermore 1.2 1.5 2.9 4.4 5.9 6.6 7.4 6.4 5.3 3.2 1.5 0.9 47.2 Oakland 1.5 1.5 2.8 3.9 5.1 5.3 6.0 5.5 4.8 3.1 1.4 0.9 41.8 Oakland Foothills 1.1 1.4 2.7 3.7 5.1 6.4 5.8 4.9 3.6 2.6 1.4 1.0 39.6 Pleasanton 0.8 1.5 2.9 4.4 5.6 6.7 7.4 6.4 4.7 3.3 1.5 1.0 46.2 Union City 1.4 1.8 3.1 4.2 5.4 5.9 6.4 5.7 4.4 3.1 1.5 1.2 44.2 ALPINE Markleeville 0.7 0.9 2.0 3.5 5.0 6.1 7.3 6.4 4.4 2.6 1.2 0.5 40.6 AMADOR Jackson 1.2 1.5 2.8 4.4 6.0 7.2 7.9 7.2 5.3 3.2 1.4 0.9 48.9 Shanandoah Valley 1.0 1.7 2.9 4.4 5.6 6.8 7.9 7.1 5.2 3.6 1.7 1.0 48.8 BUTTE Chico 1.2 1.8 2.9 4.7 6.1 7.4 8.5 7.3 5.4 3.7 1.7 1.0 51.7 Durham 1.1 1.8 3.2 5.0 6.5 7.4 7.8 6.9 5.3 3.6 1.7 1.0 51.1 Gridley 1.2 1.8 3.0 4.7 6.1 7.7 8.5 7.1 5.4 3.7 1.7 1.0 51.9 Oroville 1.2 1.7 2.8 4.7 6.1 7.6 8.5 7.3 5.3 3.7 1.7 1.0 51.5 CALAVERAS San Andreas 1.2 1.5 2.8 4.4 6.0 7.3 7.9 7.0 5.3 3.2 1.4 0.7 48.8 COLUSA Colusa 1.0 1.7 3.4 5.0 6.4 7.6 8.3 7.2 5.4 3.8 1.8 1.1 52.8 Williams 1.2 1.7 2.9 4.5 6.1 7.2 8.5 7.3 5.3 3.4 1.6 1.0 50.8 CONTRA COSTA Benicia 1.3 1.4 2.7 3.8 4.9 5.0 6.4 5.5 4.4 2.9 1.2 0.7 40.3 Brentwood 1.0 1.5 2.9 4.5 6.1 7.1 7.9 6.7 5.2 3.2 1.4 0.7 48.3 Concord 1.1 1.4 2.4 4.0 5.5 5.9 7.0 6.0 4.8 3.2 1.3 0.7 43.4 Courtland 0.9 1.5 2.9 4.4 6.1 6.9 7.9 6.7 5.3 3.2 1.4 0.7 48.0 Martinez 1.2 1.4 2.4 3.9 5.3 5.6 6.7 5.6 4.7 3.1 1.2 0.7 41.8 Moraga 1.2 1.5 3.4 4.2 5.5 6.1 6.7 5.9 4.6 3.2 1.6 1.0 44.9 Pittsburg 1.0 1.5 2.8 4.1 5.6 6.4 7.4 6.4 5.0 3.2 1.3 0.7 45.4 Walnut Creek 0.8 1.5 2.9 4.4 5.6 6.7 7.4 6.4 4.7 3.3 1.5 1.0 46.2 DEL NORTE Crescent City 0.5 0.9 2.0 3.0 3.7 3.5 4.3 3.7 3.0 2.0 0.9 0.5 27.7 EL DORADO Camino 0.9 1.7 2.5 3.9 5.9 7.2 7.8 6.8 5.1 3.1 1.5 0.9 47.3 FRESNO Clovis 1.0 1.5 3.2 4.8 6.4 7.7 8.5 7.3 5.3 3.4 1.4 0.7 51.4 Coalinga 1.2 1.7 3.1 4.6 6.2 7.2 8.5 7.3 5.3 3.4 1.6 0.7 50.9 Firebaugh 1.0 1.8 3.7 5.7 7.3 8.1 8.2 7.2 5.5 3.9 2.0 1.1 55.4 FivePoints 1.3 2.0 4.0 6.1 7.7 8.5 8.7 8.0 6.2 4.5 2.4 1.2 60.4 Fresno 0.9 1.7 3.3 4.8 6.7 .7.8 8.4 7.1 5.2 3.2 1.4 0.6 51.1 Fresno State 0.9 1.6 3.2 5.2 7.0 8.0 8.7 7.6 5.4 3.6 1.7 0.9 53.7 Friant 1.2 1.5 3.1 4.7 6.4 7.7 8.5 7.3 5.3 3.4 1.4 0.7 51.3 Kerman 0.9 1.5 3.2 4.8 6.6 7.7 8.4 7.2 5.3 3.4 1.4 0.7 51.2 Kingsburg 1.0 1.5 3.4 4.8 6.6 7.7 8.4 7.2 5.3 3.4 1.4 0.7 51.6 Mendota 1.5 2.5 4.6 6.2 7.9 8.6 8.8 7.5 5.9 4.5 2.4 1.5 61.7 Orange Cove 1.2 1.9 3.5 4.7 7.4 8.5 8.9 7.9 5.9 3.7 1.8 1.2 56.7 Panoche 1.1 2.0 4.0 5.6 7.8 8.5 8.3 7.3 5.6 3.9 1.8 1.2 57.2 Parlier 1.0 1.9 3.6 5.2 6.8 7.6 8.1 7.0 5.1 3.4 1.7 0.9 52.0 Reedley 1.1 1.5 3.2 4.7 6.4 7.7 8.5 7.3 5.3 3.4 1.4 0.7 51.3 Westlands 0.9 1.7 3.8 6.3 8.0 8.6 8.6 7.8 5.9 4.3 2.1 1.1 58.8 24 21 Appendix A - Reference Evapotranspiration (ETo) Table* Annual ;ounty and City Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ETo :LENN Orland 1.1 1.8 3.4 5.0 6.4 7.5. 7.9 6.7 5.3 3.9 1.8 1.4 52.1 Willows 1.2 1.7 2.9 4.7 6.1 7.2 8.5 7.3 5.3 3.6 1.7 1.0 51.3 HUMBOLDT Eureka 0.5 1.1 2.0 3.0 3.7 3.7 3.7 3.7 3.0 2.0 0.9 0.5 27.5 Ferndale 0.5 1.1 2.0 3.0 3.7 3.7 3.7 3.7 3.0 2.0 0.9 0.5 27.5 Garberville 0.6 1.2 2.2 3.1 4.5 5.0 5.5 4.9 3.8 2.4 1.0 0.7 34.9 Hoopa 0.5 1.1 2.1 3.0 4.4 5.4 6.1 5.1 3.8 2.4 0.9 0.7 35.6 IMPERIAL Brawley 2.8 3.8 5.9 8.0 10.4 11.5 11.7 10.0 8.4 6.2 3.5 2.1 84.2 Calipatria/Mulbeny 2.4 3.2 5.1 6.8 8.6 9.2 9.2 8.6 7.0 5.2 3.1 2.3 70.7 El Centro 2.7 3.5 5.6 7.9 10.1 11.1 11.6 9.5 8.3 6.1 3.3 2.0 81.7 Holtville 2.8 3.8 5.9 7.9 10.4 11.6 12.0 10.0 8.6 6.2 3.5 2.1 84.7 Meloland 2.5 3.2 5.5 7.5 8.9 9.2 9.0 8.5 6.8 5.3 3.1 2.2 71.6 Palo Verde II 2.5 3.3 5.7 6.9 8.5 8.9 8.6 7.9 6.2 4.5 2.9 2.3 68.2 Seeley 2.7 3.5 5.9 7.7 9.7 10.1 9.3 8.3 6.9 5.5 3.4 2.2 75.4 Westmoreland 2.4 3.3 5.3 6.9 8.7 9.6 9.6 8.7 6.9 5.0 3.0 2.2 71.4 Yuma 2.5 3.4 5.3 6.9 8.7 9.6 9.6 8.7 6.9 5.0 3.0 2.2 71.6 INYO Bishop 1.7 2.7 4.8 6.7 8.2 10.9 7.4 9.6 7.4 4.8 2.5 1.6 68.3 Death Valley Jct 2.2 3.3 5.4 7.7 9.8 11.1 11.4 10.1 8.3 5.4 2.9 1.7 79.1 Independence 1.7 2.7 3.4 6.6 8.5 9.5 9.8 8.5 7.1 3.9 2.0 1.5 65.2 Lower Haiwee Res. 1.8 2.7 4.4 7.1 8.5 9.5 9.8 8.5 7.1 4.2 2.6 1.5 67.6 'oasis 2.7 2.8 5.9 8.0 10.4 11.7 11.6 10.0 8.4 6.2 3.4 2.1 83.1 :ERN �,rvin 1.2 1.8 3.5 4.7 6.6 7.4 8.1 7.3 5.3 3.4 1.7 1.0 51.9 Bakersfield 1.0 1.8 3.5 4.7 6.6 7.7 8.5 7.3 5.3 3.5 1.6 0.9 52.4 Bakersfield/Bonanza 1.2 2.2 3.7 5.7 7.4 8.2 8.7 7.8 5.7 4.0 2.1 1.2 57.9 Bakersfield/Greenlee 1.2 2.2 3.7 5.7 7.4 8.2 8.7 7.8 5.7 4.0 2.1 1.2 57.9 Belridge 1.4 2.2 4.1 5.5 7.7 8.5 8.6 7.8 6.0 3.8 2.0 1.5 59.2 Blackwells Comer 1.4 2.1 3.8 5.4 7.0 7.8 8.5 7.7 5.8 3.9 1.9 1.2 56.6 Buttonwillow 1.0 1.8 3.2 4,7 6.6 7.7 8.5 7.3 5.4 3.4 1.5 0.9 52.0 China Lake 2.1 3.2 5.3 7.7 9.2 10.0 11.0 9.8 7.3 4.9 2.7 1.7 74.8 Delano 0.9 1.8 3.4 4.7 6.6 7.7 8.5 7.3 5.4 3.4 1.4 0.7 52.0 Famoso 1.3 1.9 3.5 4.8 6.7 7.6 8.0 7.3 5.5 3.5 1.7 1.3 53.1 Grapevine 1.3 1.8 3.1 4.4 5.6 6.8 7.6 6.8 5.9 3.4 1.9 1.0 49.5 Inyokern 2.0 3.1 4.9 7.3 8.5 9.7 11.0 9.4 7.1 5.1 2.6 1.7 72.4 Isabella Dam 1.2 1.4 2.8 4.4 5.8 7.3 7.9 7.0 5.0 3.2 1.7 0.9 48.4 Lamont 1.3 2.4 4.4 4.6 6.5 7.0 8.8 7.6 5.7 3.7 1.6 0.8 54.4 Lost Hills 1.6 2.2 3.7 5.1 6.8 7.8 8.7 7.8 5.7 4.0 2.1 1.6 57.1 McFarland/Kern 1.2 2.1 3.7 5.6 7.3 8.0 8.3 7.4 5.6 4.1 2.0 1.2 56.5 Shafter 1.0 1.7 3.4 5.0 6.6 7.7 8.3 7.3 5.4 3.4 1.5 0.9 52.1 Taft 1.3 1.8 3.1 4.3 6.2 7.3 8.5 7.3 5.4 3.4 1.7 1.0 51.2 Tehachapi 1.4 1.8 3.2 5.0 6.1 7.7 7.9 7.3 5.9 3.4 2.1 1.2 52.9 KINGS Caruthers 1.6 2.5 4.0 5.7 7.8 8.7 9.3 8.4 6.3 4.4 2.4 1.6 62.7 Corcoran 1.6 2.2 3.7 5.1 6.8 7.8 8.7 7.8 5.7 4.0 2.1 1.6 57.1 Hanford 0.9 1.5 3.4 5.0 6.6 7.7 8.3 7.2 5.4 3.4 1.4 0.7 51.5 ettleman 1.1 2.0 4.0 6.0 7.5 8.5 9.1 8.2 6.1 4.5 2.2 1.1 60.2 ;moore 0.9 1.5 3.4 5.0 6.6 7.7 8.3 7.3 5.4 3.4 1.4 0.7 51.7 Stratford 0.9 1.9 3.9 6.1 7.8 8.6 8.8 7.7 5.9 4.1 2.1 1.0 58.7 25 22 Appendix A - Reference Evapotranspiration (ETo) Table* Annual County and City Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ETo LAKE Lakeport 1.1 1.3 2.6 3.5 5.1 6.0 7.3 6.1 4.7 2.9 1.2 0.9 42.8 Lower Lake 1.2 1.4 2.7 4.5 5.3 6.3 7.4 6.4 5.0 3.1 1.3 0.9 45.4 LASSEN Buntingville 1.0 1.7 3.5 4.9 6.2 7.3 8.4 7.5 5.4 3.4 1.5 0.9 51.8 Ravendale 0.6 1.1 2.3 4.1 5.6 6.7 7.9 7.3 4.7 2.8 1.2 0.5 44.9 Susanville 0.7 1.0 2.2 4.1 5.6 6.5 7.8 7.0 4.6 2.8 1.2 0.5 44.0 LOS ANGELES Burbank 2.1 2.8 3.7 4.7 5.1 6.0 6.6 6.7 5.4 4.0 2.6 2.0 51.7 Claremont 2.0 2.3 3.4 4.6 5.0 6.0 7.0 7.0 5.3 4.0 2.7 2.1 51.3 El Dorado 1.7 2.2 3.6 4.8 5.1 5.7 5.9 5.9 4.4 3.2 2.2 1.7 46.3 Glendale 2.0 2.2 3.3 3.8 4.7 4.8 5.7 5.6 4.3 3.3 2.2 1.8 43.7 Glendora 2.0 2.5 3.6 4.9 5.4 6.1 7.3 6.8 5.7 4.2 2.6 2.0 53.1 Gorman 1.6 2.2 3.4 4.6 5.5 7.4 7.7 7.1 5.9 3.6 2.4 1.1 52.4 Hollywood Hills 2.1 2.2 3.8 5.4 6.0 6.5 6.7 6.4 5.2 3.7 2.8 2.1 52.8 Lancaster 2.1 3.0 4.6 5.9 8.5 9.7 11.0 9.8 7.3 4.6 2.8 1.7 71.1 Long Beach 1.8 2.1 3.3 3.9 4.5 4.3 5.3 4.7 3.7 2.8 1.8 1.5 39.7 Los Angeles .2.2 2.7 3.7 4.7 5.5 5.8 6.2 5.9 5.0 3.9 2.6 1.9 50.1 Monrovia 2.2 2.3 3.8 4.3 5.5 5.9 6.9 6.4 5.1 3.2 2.5 2.0 50.2 Palmdale 2.0 2.6 4.6 6.2 7.3 8.9 9.8 9.0 6.5 4.7 2.7 2.1 66.2 Pasadena 2.1 2.7 3.7 4.7 5.1 6.0 7.1 6.7 5.6 4.2 2.6 2.0 52.3 Pearblossom 1.7 2.4 3.7 4.7 7.3 7.7 9.9 7.9 6.4 4.0 2.6 1.6 59.9 Pomona 1.7 2.0 3.4 4.5 5.0 5.8 6.5 6.4 4.7 3.5 2.3 1.7 47.5 Redondo Beach 2.2 2.4 3.3 3.8 4.5 4.7 5.4 4.8 4.4 2.8 2.4 2.0 42.6 San Fernando 2.0 2.7 3.5 4.6 5.5 5.9 7.3 6.7 5.3 3.9 2.6 2.0 52.0 Santa Clarita 2.8 2.8 4.1 5.6 6.0 6.8 7.6 7.8 5.8 5.2 3.7 3.2 61.5 Santa Monica 1.8 2.1 3.3 4.5 4.7 5.0 5.4 5.4 3.9 3.4 2.4 2.2 44.2 MADERA Chowchilla 1.0 1.4 3.2 4.7 6.6 7.8 8.5 7.3 5.3 3.4 1.4 0.7 51.4 Madera 0.9 1.4 3.2 4.8 6.6 7.8 8.5 7.3 5.3 3.4 1.4 0.7 51.5 Raymond 1.2 1.5 3.0 4.6 6.1 7.6 8.4 7.3 5.2 3.4 1.4 0.7 50.5 MARIN Black Point 1.1 1.7 3.0 4.2 5.2 6.2 6.6 5.8 4.3 2.8 1.3 0.9 43.0 Novato 1.3 1.5 2.4 3.5 4.4 6.0 5.9 5.4 4.4 2.8 1.4 0.7 39.8 Point San Pedro 1.1 1.7 3.0 4.2 5.2 6.2 6.6 5.8 4.3 2.8 1.3 0.9 43.0 San Rafael 1.2 1.3 2.4 3.3 4.0 4.8 4.8 4.9 4.3 2.7 1.3 0.7 35.8 MARIPOSA Coulterville 1.1 1.5 2.8 4.4 5.9 7.3 8.1 7.0 5.3 3.4 1.4 0.7 48.8 Mariposa 1.1 1.5 2.8 4.4 5.9 7.4 8.2 7.1 5.0 3.4 1.4 0.7 49.0 Yosemite Village 0.7 1.0 2.3 3.7 5.1 6.5 7.1 6.1 4.4 2.9 1.1 0.6 41.4 MENDOCINO Fort Bragg 0.9 1.3 2.2 3.0 3.7 3.5 3.7 3.7 3.0 2.3 1.2 0.7 29.0 Hopland 1.1 1.3 2.6 3.4 5.0 5.9 6.5 5.7 4.5 2.8 1.3 0.7 40.9 Point Arena 1.0 1.3 2.3 3.0 3.7 3.9 3.7 3.7 3.0 2.3 1.2 0.7 29.6 Sanel Valley 1.0 1.6 3.0 4.6 6.0 7.0 8.0 7.0 5.2 3.4 1.4 0.9 49.1 Ukiah 1.0 1.3 2.6 3.3 5.0 5.8 6.7 5.9 4.5 2.8 1.3 0.7 40.9 MERCED Kesterson 0.9 1.7 3.4 5.5 7.3 8.2 8.6 7.4 5.5 3.8 1.8 0.9 55.1 Los Banos 1.0 1.5 3 2 4.7 6.1 7.4 8.2 7.0 5.3 3.4 1.4 0.7 50.0 Merced 1.0 1.5 3.2 4.7 6.6 7.9 8.5 7.2 5.3 3.4 1.4 0.7 51.5 26 23 Appendix A - Reference Evapotranspiration (ETo) Table* Annual ;ounty and City Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ETo nIODOC Modoc/Alturas 0.9 1.4 2.8 3.7 5.1 6.2 7.5 6.6 4.6 2.8 1.2 0.7 43.2 MONO Bridgeport 0.7 0.9 2.2 3.8 5.5 6.6 7.4 6.7 4.7 2.7 1.2 0.5 43.0 MONTEREY Arroyo Seco 1.5 2.0 3.7 5.4 6.3 7.3 7.2 6.7 5.0 3.9 2.0 1.6 52.6 Castroville 1.4 1.7 3.0 4.2 4.6 4.8 4.0 3.8 3.0 2.6 1.6 1.4 36.2 Gonzales 1.3 1.7 3.4 4.7 5.4 6.3 6.3 5.9 4.4 3.4 1.9 1.3 45.7 Greenfield 1.8 2.2 3.4 4.8 5.6 6.3 6.5 6.2 4.8 3.7 2.4 1.8 49.5 King City 1.7 2.0 3.4 4.4 4.4 5.6 6.1 6.7 6.5 5.2 2.2 1.3 49.6 King City -Oasis Rd. 1.4 1.9 3.6 5.3 6.5 7.3 7.4 6.8 5.1 4.0 2.0 1.5 52.7 Long Valley 1.5 1.9 3.2 4.1 5.8 6.5 7.3 6.7 5.3 3.6 2.0 1.2 49.1 Monterey 1.7 1.8 2.7 3.5 4.0 4.1 4.3 4.2 3.5 2.8 1.9 1.5 36.0 Pajaro 1.8 2.2 3.7 4.8 5.3 5.7 5.6 5.3 4.3 3.4 2.4 1.8 46.1 Salinas 1.6 1.9 2.7 3.8 4.8 4.7 5.0 4.5 4.0 2.9 1.9 1.3 39.1 Salinas North 1.2 1.5 2.9 4.1 4.6 5.2 4.5 4.3 3.2 2.8 1.5 1.2 36.9 San Ardo 1.0 1.7 3.1 4.5 5.9 7.2 8.1 7.1 5.1 3.1 1.5 1.0 49.0 San Juan 1.8 2.1 3.4 4.6 5.3 5.7 5.5 4.9 3.8 3.2 2.2 1.9 44.2 Soledad 1.7 2.0 3.4 4.4 5.5 5.4 6.5 6.2 5.2 3.7 2.2 1.5 47.7 NAPA Angwin 1.8 1.9 3.2 4.7 5.8 7.3 8.1 7.1 5.5 4.5 2.9 2.1 54.9 Cameros 0.8 1.5 3.1 4.6 5.5 6.6 6.9 6.2 4.7 3.5 1.4 1.0 45.8 Oakville 1.0 1.5 2.9 4.7 5.8 6.9 7.2 6.4 4.9 3.5 1.6 1.2 47.7 t Helena 1.2 1.5 2.8 3.9 5.1 6.1 7.0 6.2 4.8 3.1 1.4 0.9 44.1 'ountville 1.3 1.7 2.8 3.9 5.1 6.0 7.1 6.1 4.8 3.1 1.5 0.9 44.3 NEVADA Grass Valley 1.1 1.5 2.6 4.0 5.7 7.1 7.9 7.1 5.3 3.2 1.5 0.9 48.0 Nevada City 1.1 1.5 2.6 3.9 5.8 6.9 7.9 7.0 5.3 3.2 1.4 0.9 47.4 ORANGE Irvine 2.2 2.5 3.7 4.7 5.2 5.9 6.3 6.2 4.6 3.7 2.6 2.3 49.6 Laguna Beach 2.2 2,7 3.4 3.8 4.6 4.6 4.9 4.9 4.4 3.4 2.4 2.0 43.2 Santa Ana 2.2 2.7 3.7 4.5 4.6 5.4 6.2 6.1 4.7 3.7 2.5 2.0 48.2 PLACER Auburn 1.2 1.7 2.8 4.4 6.1 7.4 8.3 7.3 5.4 3.4 1.6 1.0 50.6 Blue Canyon 0.7 1.1 2.1 3.4 4.8 6.0 7.2 6.1 4.6 2.9 0.9 0.6 40.5 Colfax 1.1 1.5 2.6 4.0 5.8 7.1 7.9 7.0 5.3 3.2 1.4 0.9 47.9 Roseville 1.1 1.7 3.1 4.7 6.2 7.7 8.5 7.3 5.6 3.7 1.7 1.0 52.2 Soda Springs 0.7 0.7 1.8 3.0 4.3 5.3 6.2 5.5_ 4.1 2.5 0.7 0.7 35.4 Tahoe City 0.7 0.7 1.7 3.0 4.3 5.4 6.1 5.6 4.1 2.4 0.8 0.6 35.5 Truckee 0.7 0.7 1.7 3.2 4.4 5.4 6.4 5.7 4.1 2.4 0.8 0.6 36.2 PLUMAS Portola 0.7 0.9 1.9 3.5 4.9 5.9 7.3 5.9 4.3 2.7 0.9 0.5 39.4 Quincy 0.7 0.9 2.2 3.5 4.9 5.9 7.3 5.9 4.4 2.8 1.2 0.5 40.2 RIVERSIDE Beaumont 2.0 2.3 3.4 4.4 6.1 7.1 7.6 7.9 6.0 3.9 2.6 1.7 55.0 Blythe 2.4 3.3 5.3 6.9 8.7 9.6 9.6 8.7 6.9 5.0 3.0 2.2 71.4 Cathedral City 1.6 2.2 3.7 5.1 6.8 7.8 8.7 7.8 5.7 4.0 2.1 1.6 57.1 Coachella 2.9 4.4 6.2 8.4 10.5 11.9 12.3 10.1 8.9 6.2 3.8 2.4 88.1 resert Center 2.9 4.1 6.4 8.5 11.0 12.1 12.2 11.1 9.0 6.4 3.9 2.6 90.0 _Isinore 2.1 2.8 3.9 4.4 5.9 7.1 7.6 7.0 5.8 3.9 2.6 1.9 55.0 Indio 3.1 3.6 6.5 8.3 10.5 11.0 10.8 9.7 8.3 5.9 3.7 2.7 83.9 27 24 Appendix A - Reference Evapotranspiration (ETo) Table* Annual County and City Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ETo RIVERSIDE La Quinta 2.4 2.8 5.2 6.5 8.3 8.7 8.5 7.9 6.5 4.5 2.7 2.2 66.2 Mecca 2.6 3.3 5.7 7.2 8.6 9.0 8.8 8.2 6.8 5.0 3.2 2.4 70.8 Oasis 2.9 3.3 5.3 6.1 8.5 8.9 8.7 7.9 6.9 4.8 2.9 2.3 68.4 Palm Deser 2.5 3.4 5.3 6.9 8.7 9.6 9.6 8.7 6.9 5.0 3.0 2.2 71.6 Palm Springs 2.0 2.9 4.9 7.2 8.3 8.5 11.6 8.3 7.2 5.9 2.7 1.7 71.1 Rancho California 1.8 2.2 3.4 4.8 5.6 6.3 6.5 6.2 4.8 3.7 2.4 1.8 49.5 Rancho Mirage 2.4 3.3 5.3 6.9 8.7 9.6 9.6 8.7 6.9 5.0 3.0 2.2 71.4 Ripley 2.7 3.3 5.6 7.2 8.7 8.7 8.4 7.6 6.2 4.6 2.8 2.2 67.8 Salton Sea North 2.5 33 5.5 7.2 8.8 9.3 9.2 8.5 6.8 5.2 3.1 23 71.7 Temecula East 11 2.3 2.4 4.1 4.9 6.4 7.0 7.8 7.4 5.7 4.1 2.6 2.2 56.7 Thermal 2.4 3.3 5.5 7.6 9.1 9.6 9.3 8.6 7.1 5.2 3.1 2.1 72.8 Riverside UC 2.5 2.9 4.2 5.3 5.9 6.6 7.2 6.9 5.4 4.1 2.9 2.6 56.4 Winchester 2.3 2.4 4.1 4.9 6.4 6.9 7.7 7.5 6.0 3.9 2.6 2.1 56.8 SACRAMENTO Fair Oaks 1.0 1.6 3.4 4.1 6.5 7.5 8.1 7.1 5.2 3.4 1.5 1.0 50.5 Sacramento 1.0 1.8 3.2 4.7 6.4 7.7 8.4 7.2 5.4 3.7 1.7 0.9 51.9 Twitchelllsland 1.2 1.8 3.9 5.3 7.4 8.8 9.1 7.8 5.9 3.8 1.7 1.2 57.9 SAN BENITO Hollister 1.5 1.8 3.1 4.3 5.5 5.7 6.4 5.9 5.0 3.5 1.7 1.1 45.1 San Benito 1.2 1.6 3.1 4.6 5.6 6.4 6.9 6.5 4.8 3.7 1.7 1.2 47.2 San Juan Valley 1.4 1.8 3.4 4.5 6.0 6.7 7.1 6.4 5.0 3.5 1.8 1.4 49.1 SAN BERNARDINO Baker 2.7 3.9 6.1 8.3 10.4 11.8 12.2 11.0 8.9 6.1 3.3 2.1 86.6 Barstow NE 2.2 2.9 5.3 6.9 9.0 10.1 9.9 8.9 6.8 4.8 2.7 2.1 71.7 Big Bear Lake 1.8 2.6 4.6 6.0 7.0 7.6 8.1 7.4 5.4 4.1 2.4 1.8 58.6 Chino 2.1 2.9 3.9 4.5 5.7 6.5 7.3 7.1 5.9 4.2 2.6 2.0 54.6 Crestline 1.5 1.9 3.3 4.4 5.5 6.6 7.8 7.1 5.4 3.5 2.2 1.6 50.8 Lake Arrowhead 1.8 2.6 4.6 6.0 7.0 7.6 8.1 7.4 5.4 4.1 2.4 1.8 58.6 Lucerne Valley 2.2 2.9 5.1 6.5 9.1 11.0 11.4 9.9 7.4 5.0 3.0 1.8 75.3 Needles 3.2 4.2 6.6 8.9 11.0 12.4 12.8 11.0 8.9 6.6 4.0 2.7 92.1 Newberry Springs 2.1 2.9 5.3 8.4 9.8 10.9 11.1 9.9 7.6 5.2 3.1 2.0 78.2 San Bernardino 2.0 2.7 3.8 4.6 5.7 6.9 7.9 7.4 5.9 4.2 2.6 2.0 55.6 Twentynine Palms 2.6 3.6 5.9 7.9 10.1 11.2 11.2 10.3 8.6 5.9 3.4 2.2 82.9 Victorville 2.0 2.6 4.6 6.2 7.3 8.9 9.8 9.0 6.5 4.7 2.7 2.1 66.2 SAN DIEGO Chula Vista 2.2 2.7 3.4 3.8 4.9 4.7 5.5 4.9 4.5 3.4 2.4 2.0 44.2 Escondido SPV 2.4 2.6 3.9 4.7 5.9 6.5 7.1 6.7 5.3 3.9 2.8 2.3 54.2 Miramar 2.3 2.5 3.7 4.1 5.1 5.4 6.1 5.8 4.5 3.3 2.4 2.1 47.1 Oceanside 2.2 2.7 3.4 3.7 4.9 4.6 4.6 5.1 4.1 3.3 2.4 2.0 42.9 Otay Lake 2.3 . 2.7 3.9 4.6 5.6 5.9 6.2 6.1 4.8 3.7 2.6 2.2 50.4 Pine Valley 1.5 2.4 3.8 5.1 6.0 7.0 7.8 7.3 6.0 4.0 2.2 1.7 54.8 Ramona 2.1 2.1 3.4 4.6 5.2 6.3 6.7 6.8 5.3 4.1 2.8 2.1 51.6 San Diego 2.1 2.4 3.4 4.6 5.1 5.3 5.7 5.6 4.3 3.6 2.4 2.0 46.5 Santee 2.1 2.7 3.7 4.5 5.5 6.1 6.6 6.2 5.4 3.8 2.6 2.0 51.1 Torrey Pines 2.2 2.3 3.4 3.9 4.0 4.1 4.6 4.7 3.8 2.8 2.0 2.0 39.8 Warner Springs 1.6 2.7 3.7 4.7 5.7 7.6 8.3 7.7 6.3 4.0 2.5 1.3 56.0 SAN FRANCISCO San Francisco 1.5 1.3 2.4 3.0 3.7 4.6 4.9 4.8 4.1 2.8 1.3 0.7 35.1 SAN JOAQUIN Farmington 1.5 1.5 2.9 4.7 6.2 7.6 8.1 6.8 5.3 3.3 1.4 0.7 50.0 28 25 Appendix A - Reference Evapotranspiration (ETo) Table* Annual :ounty and City Jan Feb Mar Apr May Jun `Jul Aug Sep Oct Nov Dec ETo ..,AN JOAQUIN Lodi West 1.0 1.6 3.3 4.3 6.3 6.9 7.3 6.4 4.5 3.0 1.4 0.8 46.7 Manteca 0.9 1.7 3.4 5.0 6.5 7.5 8.0 7.1 5.2 3.3 1.6 0.9 51.2 Stockton 0.8 1.5 2.9 4.7 6.2 7.4 8.1 6.8 5.3 3.2 1.4 0.6 49.1 Tracy 1.0 1.5 2.9 4.5 6.1 7.3 7.9 6.7 5.3 3.2 1.3 0.7 48.5 SAN LUIS OBISPO Arroyo Grande 2.0 2.2 3.2 3.8 4.3 4.7 4.3 4.6 3.8 3.2 2.4 1.7 40.0 Atascadero 1.2 1.5 2.8 3.9 4.5 6.0 6.7 6.2 5.0 3.2 1.7 1.0 43.7 Morro Bay 2.0 2.2 3.1 3.5 4.3 4.5 4.6 4.6 3.8 3.5 2.1 1.7 39.9 Nipomo 2.2 2.5 3.8 5.1 5.7 6.2 6.4 6.1 4.9 4.1 2.9 2.3 52.1 Paso Robles 1.6 2.0 3.2 4.3 5.5 6.3 7.3 6.7 5.1 3.7 2.1 1.4 49.0 San Luis Obispo 2.0 2.2 3.2 4.1 4.9 5.3 4.6 5.5 4.4 3.5 2.4 1.7 43.8 San Miguel 1.6 2.0 3.2 4.3 5.0 6.4 7.4 6.8 5.1 3.7 2.1 1.4 49.0 San Simeon 2.0 2.0 2.9 3.5 4.2 4.4 4.6 4.3 3.5 3.1 2.0 1.7 38.1 SAN MATEO Hal Moon Bay 1.5 1.7 2.4 3.0 3.9 4.3 4.3 4.2 3.5 2.8 1.3 1.0 33.7 Redwood City 1.5 1.8 2.9 3.8 5.2 5.3 6.2 5.6 4.8 3.1 1.7 1.0 42.8 Woodside 1.8 2.2 3.4 _ 4.8 5.6 6.3 6.5 6.2 4.8 3.7 2.4 1.8 49.5 SANTA BARBARA Betteravia 2.1 2.6 4.0 5.2 6.0 5.9 5.8 5.4 4.1 3.3 2.7 2.1 49.1 Carpenteria 2.0 2.4 3.2 3.9 4.8 5.2 5.5 5.7 4.5 3.4 2.4 2.0 44.9 Cuyama 2.1 2.4 3.8 5.4 6.9 7.9 8.5 7.7 5.9 4.5 2.6 2.0 59.7 Goleta 2.1 2.5 3.9 5.1 5.7 5.7 5.4 5.4 4.2 3.2 2.8 2.2 48.1 Toleta Foothills 2.3 2.6 3.7 5.4 5.3 5.6 5.5 5.7 4.5 3.9 2.8 2.3 49.6 uadalupe 2.0 2.2 3.2 3.7 4.9 4.6 4.5 4.6 4.1 3.3 2.4 1.7 4I.1 Lompoc 2.0 2.2 3.2 3.7 4.8 4.6 4.9 4.8 3.9 3.2 2.4 1.7 41.1 Los Alamos 1.8 2.0 3.2 4.1 4.9 5.3 5.7 5.5 4.4 3.7 2.4 1.6 44.6 Santa Barbara 2.0 2.5 3.2 '3.8 4.6 5.1 5.5 4.5 3.4 2.4 1.8 1.8 40.6 Santa Maria 1.8 2.3 3.7 5.1 5.7 5.8 5.6 5.3 4.2 3.5 2.4 1.9 47.4 Santa Ynez 1.7 2.2 3.5 5.0 5.8 6.2 6.4 6.0 4.5 3.6 2.2 1.7 48.7 Sisquoc 2.1 2.5 3.8 4.1 6.1 6.3 6.4 5.8 4.7 3.4 2.3 1.8 49.2 Solvang 2.0 2.0 3.3 4.3 5.0 5.6 6.1 5.6 4.4 3.7 2.2 1.6 45.6 SANTA CLARA Gilroy 1.3 1.8 3.1 4.1 5.3 5.6 6.1 5.5 4.7 3.4 1.7 1.1 43.6 Los Gatos 1.5 1.8 2.8 3.9 5.0 5.6 6.2 5.5 4.7 3.2 1.7 1.1 42.9 Morgan Hill 1.5 1.8 3.4 4.2 6.3 7.0 7.1 6.0 5.1 3.7 1.9 1.4 49.5 Palo Alto 1.5 1.8 2.8 3.8 5.2 5.3 6.2 5.6 5.0 3.2 1.7 1.0 43.0 San Jose 1.5 1.8 3.1 4.1 5.5 5.8 6.5 5.9 5.2 3.3 1.8 1.0 45.3 SANTA CRUZ De Laveaga 1.4 1.9 3.3 4.7 4.9 5.3 5.0 4.8 3.6 3.0 1.6 1.3 40.8 Green Valley Rd 1.2 1.8 3.2 4.5 4.6 5.4 5.2 5.0 3.7 3.1 1.6 1.3 40.6 Santa Cruz 1.5 1.8 2.6 3.5 4.3 4.4 4.8 4.4 3.8 2.8 1.7 1.2 36.6 Watsonville 1.5 1.8 2.7 3.7 4.6 4.5 4.9 4.2 4.0 2.9 1.8 1.2 37.7 Webb 1.8 2.2 3.7 4.8 5.3 5.7 5.6 5.3 4.3 3.4 2.4 1.8 46.2 SHASTA Burney 0.7 1.0 2.1 3.5 4.9 5.9 7.4 6.4 4.4 2.9 0.9 0.6 40.9 Fall River Mills 0.6 1.0 2.1 3.7 5.0 6.1 7.8 6.7 4.6 2.8 0.9 0.5 41.8 Glenburn 0.6 1.0 2.1 3.7 5.0 6.3 7.8 6.7 4.7 2.8 0.9 0.6 42.1 cArthur 0.7 1.4 2.9 4.2 5.6 6.9 82 7.2 5.0 3.0 1.1 0.6 46.8 adding 1.2 1.4 2.6 4.1 5.6 7.1 8.5 7.3 5.3 3.2 1.4 0.9 48.8 29 26 Appendix A - Reference Evapotranspiration (ETo) Table* Annual County and City Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ETo SIERRA Downieville 0.7 1.0 2.3 3.5 5.0 6.0 7.4 6.2 4.7 2.8 0.9 0.6 41.3 Sierraville 0.7 1.1 2.2 3.2 4.5 5.9 7.3 6.4 4.3 2.6 0.9 0.5 39.6 SISKIYOU Happy Camp 0.5 0.9 2.0 3.0 4.3 5.2 6.1 5.3 4.1 2.4 0.9 0.5 35.1 MacDoel 1.0 1.7 3.1 4.5 5.9 7.2 8.1 7.1 5.1 3.1 1.5 1.0 49.0 Mt Shasta 0.5 0.9 2.0 3.0 4.5 5.3 6.7 5.7 4.0 2.2 0.7 0.5 36.0 Tule lake FS 0.7 1.3 2.7 4.0. 5.4 6.3 7.1 6.4 4.7 2.8 1.0 0.6 42.9 Weed 0.5 0.9 2.0 2.5 4.5 5.3 6.7 5.5 3.7 2.0 0.9 0.5 34.9 Yreka 0.6 0.9 2.1 3.0 4.9 5.8 7.3 6.5 4.3 2.5 0.9 0.5 39.2 SOLANO Dixon 0.7 1.4 3.2 5.2 6.3 7.6 8.2 7.2 5.5 4.3 1.6 1.1 52.1 Fairfield 1.1 1.7 2.8 4.0 5.5 6.1 7.8 6.0 4.8 3.1 1.4 0.9 45.2 Hastings Tract 1.6 2.2 3.7 5.1 6.8 7.8 8.7 7.8 5.7 4.0 2.1 1.6 57.1 Putah Creek 1.0 1.6 3.2 4.9 6.1 7.3 7.9 7.0 5.3 3.8 1.8 1.2 51.0 Rio Vista 0.9 .1.7 2.8 4.4 5.9 6.7 7.9 6.5 5.1 3.2 1.3 0.7 47.0 Suisun Valley 0.6 1.3 3.0 4.7 5.8 7.0 7.7 6.8 5.3 3.8 1.4 0.9 48.3 Winters 0.9 1.7 3.3 5.0 6.4 7.5 7.9 7.0 5.2 3.5 1.6 I.0 51.0 SONOMA Bennett Valley 1.1 1.7 3.2 4.1 5.5 6.5 6.6 5.7 4.5 3.1 1.5 0.9 44.4 Cloverdale 1.1 1.4 2.6 3.4 5.0 5.9 6.2 5.6 4.5 2.8 1.4 0.7 40.7 Fort Ross 1.2 1.4 2.2 3.0 3.7 4.5 4.2 4.3 3.4 2.4 1.2 0.5 31.9 Healdsburg 1.2 1.5 2.4 3.5 5.0 5.9 6.1 5.6 4.5 2.8 1.4 0.7 40.8 Lincoln 1.2 1.7 2.8 4.7 6.1 7.4 8.4 7.3 5.4 3.7 1.9 1.2 51.9 Petaluma 1.2 1.5 2.8 3.7 4.6 5.6 4.6 5.7 4.5 2.9 1.4 0.9 39.6 Santa Rosa 1.2 1.7 2.8 3.7 5.0 6.0 6.1 5.9 4.5 2.9 1.5 0.7 42.0 Valley of the Moon 1.0 1.6 3.0 4.5 5.6 6.6 7.1 6.3 4.7 3.3 1.5 1.0 46.1 Windsor 0.9 1.6 3.0 4.5 5.5 6.5 6.5 5.9 4.4 3.2 1.4 1.0 44.2 STANISLAUS Denair 1.0 1.9 3.6 4.7 7.0 7.9 8.0 6.1 5.3 3.4 1.5 1.0 51.4 La Grange 1.2 1.5 3.1 4.7 6.2 7.7 8.5 7.3 5.3 3.4 1.4 0.7 51.2 Modesto 0.9 1.4 3.2 4.7 6.4 7.7 8.1 6.8 5.0 3.4 1.4 0.7 49.7 Newman 1.0 1.5 3.2 4.6 6.2 7.4 8.1 6.7 5.0 3.4 1.4 0.7 49.3 Oakdale 1.2 1.5 3.2 4.7 6.2 7.7 8.1 7.1 5.1 3.4 1.4 0.7 50.3 Patterson 1.3 2.1 4.2 5.4 7.9 8.6 8.2 6.6 5.8 4.0 1.9 1.3 57.3 Turlock 0.9 1.5 3.2 4.7 6.5 7.7 8.2 7.0 5.1 3.4 1.4 0.7 50.2 SUTTER Nicolaus 0.9 1.6 3.2 4.9 6.3 7.5 8.0 6.9 5.2 3.4 1.5 0.9 50.2 Yuba City 1.3 2.1 2.8 4.4 5.7 7.2 7.1 6.1 4.7 3.2 1.2 0.9 46.7 TEHAMA Coming 1.2 1.8 2.9 4.5 6.1 7.3 8.1 7.2 5.3 3.7 1.7 1.1 50.7 Gerber 1.0 1.8 3.5 5.0 6.6 7.9 8.7 7.4 5.8 4.1 1.8 1.1 54.7 Gerber Dryland 0.9 1.6 3.2 4.7 6.7 8.4 9.0 7.9 6.0 4.2 2.0 1.0 55.5 Red Bluff 1.2 1.8 2.9 4.4 5.9 7.4 8.5 7.3 5.4 3.5 1.7 1.0 51.1 TRINITY Hay Fork 0.5 1.1 2.3 3.5 4.9 5.9 7.0 6.0 4.5 2.8 0.9 0.7 40.1 Weaverville 0.6 1.1 2.2 3.3 4.9 5.9 7.3 6.0 4.4 2.7 0.9 0.7 40.0 TULARE Alpaugh 0.9 1.7 3.4 4.8 6.6 7.7 8.2 7.3 5.4 3.4 1.4 0.7 51.6 Badger 1.0 1.3 2.7 4.1 6.0 7.3 7.7 7.0 4.8 3.3 1.4 0.7 47.3 Delano 1.1 1.9 4.0 4.9 7.2 7.9 8.1 7.3 5.4 3.2 1.5 1.2 53.6 30 27 Appendix A - Reference Evapotranspiration (ETo) Table* Annual 'ounty and City Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ETo i'ULARE Dinuba 1.1 1.5 3.2 4.7 6.2 7.7 8.5 7.3 5.3 3.4 1.4 0.7 51.2 Lindcove 0.9 1.6 3.0 4.8 6.5 7.6 8.1 72 5.2 3.4 1.6 0.9 50.6 Porterville 1.2 1.8 3.4 4.7 6.6 7.7 8.5 7.3 5.3 3.4 1.4 0.7 52.1 Visalia 0.9 1.7 3.3 5.1 6.8 7.7 7.9 6.9 4.9 3.2 1.5 0.8 50.7 TUOLUMNE Grove land 1.1 1.5 2.8 4.1 5.7 7.2 7.9 6.6 5.1 3.3 1.4 0.7 47.5 Sonora 1.1 1.5 2.8 4.1 5.8 72 7.9 6.7 5.1 3.2 1.4 0.7 47.6 VENTURA Camarillo 2.2 2.5 3.7 4.3 5.0 5.2 5.9 5.4 4.2 3.0 2.5 2.1 46.1 Oxnard 2.2 2.5 3.2 3.7 4.4 4.6 5.4 4.8 4.0 3.3 2.4 2.0 42.3 Piru 2.8 2.8 4.1 5.6 6.0 6.8 7.6 7.8 5.8 5.2 3.7 3.2 61.5 Port Hueneme 2.0 2.3 3.3 4.6 4.9 4.9 4.9 5.0 3.7 3.2 2.5 2.2 43.5 Thousand Oaks 2.2 2.6 3.4 4.5 5.4 5.9 6.7 6.4 5.4 3.9 2.6 2.0 51.0 Ventura 2.2 2.6 3.2 3.8 4.6 4.7 5.5 4.9 4.1 3.4 2.5 2.0 43.5 YOLO Bryte 0.9 1.7 3.3 5.0 6.4 7.5 7.9 7.0 5.2 3:5 1.6 1.0 51.0 Davis 1.0 1.9 3.3 5.0 6.4 7.6 8.2 7.1 5.4 4.0 1.8 1.0 52.5 Esparto 1.0 1.7 3.4 5.5 6.9 8.1 8.5 7.5 5.8 4.2 2.0 1.2 55.8 Winters 1.7 1.7 2.9 4.4 5.8 7.1 7.9 6.7 5.3 3.3 1.6 1.0 49.4 Woodland 1.0 1.8 3.2 4.7 6.1 7.7 8.2 7.2 5.4 3.7 1.7 1.0 51.6 Zamora 1.1 1.9 3.5 5.2 6.4 7.4 7.8 7.0 5.5 4.0 1.9 1.2 52.8 YUBA rowns Valley 1.0 1.7 3.1 4.7 6.1 7.5 8.5 7.6 5.7 4.1 2.0 1.1 52.9 rownsville 1.1 1.4 2.6 4.0 5.7 6.8 7.9 6.8 5.3 3.4 1.5 0.9 47.4 * The values in this table were derived from: 1) California Irrigation Management Information System (CIMIS); 2) Reference EvapoTranspiration Zones Map, UC Dept. of Land, Air & Water Resources and California Dept of Water Resources 1999; and 3) Reference Evapotranspiration for California, University of California, Department of Agriculture and Natural Resources (1987) Bulletin 1922, 4) Determining Daily Reference Evapotranspiration, Cooperative Extension UC Division of Agriculture and Natural Resources (1987), Publication Leaflet 21426 31 28 Appendix B — Sample Water Efficient Landscape Worksheet. WATER EFFICIENT LANDSCAPE WORKSHEET This worksheet is filled out by the project applicant and it is a required element of the Landscape Documentation Package. Please complete all sections (A and B) of the worksheet_ SECTION A. HYDROZONE INFORMATION TABLE Please complete the hydrozone table(s) for each hydrozone. Use as many tables as necessary to provide the square footage of landscape area per hydrozone. Hydrozone* Zone or Valve Irrigation Method" Area (Sq. Ft.) % of Landscape Area Total 100% `Hydrozone HW = High Water Use Plants MW = Moderate Water Use Plants LW = Low Water Use Plants **Irrigation Method MS = Micro -spray S = Spray R = Rotor B= Bubbler D= Drip o = Other 32 29 SECTION B. WATER BUDGET CALCULATIONS rtion B1. Maximum Applied Water Allowance (MAWA) The project's Maximum Applied Water Allowance shall be calculated using this equation: MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)] where: MAWA = Maximum Applied Water Allowance (gallons per year) ETo = Reference Evapotranspiration from Appendix A (inches per year) 0.7 = ET Adjustment Factor (ETAF) LA = Landscaped Area includes Special Landscape Area (square feet) 0.62 = Conversion factor (to gallons per square foot) SLA = Portion of the landscape area identified as Special Landscape Area (square feet) 0.3 = the additional ET Adjustment Factor for Special Landscape Area (1.0 - 0.7 = 0.3) Maximum Applied Water Allowance = gallons per year Show calculations. Effective Precipitation (Eqpt) If considering Effective Precipitation, use 25% of annual precipitation. Use the following equation to calculate Maximum Applied Water Allowance: MAWA= (ETo — Eppt) (0.62) [(0.7 x LA) + (0.3 x SLA)j Maximum Applied Water Allowance = gallons per year Show calculations. 33 30 Section B2. Estimated Total Water Use (ETWUl The projects Estimated Total Water Use is calculated using the following formula: ETWU=(ETo)(0.621 I� A+SLA) where: ETWU = Estimated total water use per year (gallons per year) ETo = Reference Evapotranspiration (inches per year) PF = Plant Factor from WUCOLS (see Definitions) HA = Hydrozone Area [high, medium, and low water use areas] (square feet) SLA = Special Landscape Area (square feet) 0.62 = Conversion Factor (to gallons per square foot) IE =.Irrigation Efficiency (minimum 0.71) Hydrozone Table for Calculating ETWU Please complete the hydrozone table(s). Use as many tables as necessary. Hydrozone Plant Water Use Type(s) Plant Factor (PF) Area (HA) (square feet) PF x HA (square feet) Sum SLA Estimated Total Water Use = gallons Show calculations. 34 31 Appendix C — Sample Certificate of Completion. CERTIFICATE OF COMPLETION This certificate is filled out by the project applicant upon completion of the landscape project. PART 7. PROJECT INFORMATION SHEET Date Project Name Name of Project Applicant Telephone No. Fax No. Title Email Address Company Street Address City State Zip Code Project Address and Location: Street Address Parcel, tract or lot number, if available. City Latitude/Longitude (optional) State Zip Code Property Owner or his/her designee: me Telephone No. Fax No. Title Email Address Company Street Address City State Zip Code Property Owner "I/we certify that 1/we have received copies of all the documents within the Landscape Documentation Package and the Certificate of Completion and that it is our responsibility to see that the project is maintained in accordance with the Landscape and Irrigation Maintenance Schedule." Property Owner Signature Date Please answer the questions below: 1. Date the Landscape Documentation Package was submitted to the local agency 2. Date the Landscape Documentation Package was approved by the local agency 3. Date that a copy of the Water Efficient Landscape Worksheet (including the Water Budget Calculation) was submitted to the local water purveyor • 35 32 PART 2. CERTIFICATION OF INSTALLATION ACCORDING TO THE LANDSCAPE DOCUMENTATION PACKAGE "I/we certify that based upon periodic site observations, the work has been substantially completed in accordance with the ordinance and that the landscape planting and irrigation installation conform with the criteria and specifications of the approved Landscape Documentation Package." Signature* Date Name (print) Telephone No. Fax No. Title - Email Address License No. or Certification No. Company Street Address City State Zip Code *Signer of the landscape design plan, signer of the irrigation plan, or a licensed landscape contractor. PART 3. IRRIGATION SCHEDULING Attach parameters for setting the irrigation schedule on controller per ordinance Section 492.10. PART 4. SCHEDULE OF LANDSCAPE AND IRRIGATION MAINTENANCE Attach schedule of Landscape and Irrigation Maintenance per ordinance Section 492.11. PART 5. LANDSCAPE IRRIGATION AUDIT REPORT Attach Landscape Irrigation Audit Report per ordinance Section 492.12. PART 6. SOIL MANAGEMENT REPORT Attach soil analysis report, if not previously submitted with the Landscape Documentation Package per ordinance Section 492.5. Attach documentation verifying implementation of recommendations from soil analysis report per ordinance Section 492.5. 33 36 October 19, 2009 Instruction Location Original Text Changes Example 1 Title Sheet Model Water Efficient Landscape Ordinance Modify title to reflect that this is a local ordinance. City of AnyTown Water Efficient Landscape Ordinance 2 Top of Section 490 Califomia Code of Regulations Change code to local agency's code Municipal Code City of AnyTown 3 490(b) (b) Consistent with these legislative findings, the purpose of this model ordinance is to: Delete "model" 4 490(bx6,7) (6) encourage local agencies and water purveyors to use economic incentives that promote the efficient use of water, such as implementing a tiered -rate structure; and (7) encourage local agencies to designate the necessary authority that implements and enforces the provisions of the Model Water Efficient Landscape Ordinance or its local landscape ordinance. Modify to reflect the actions to be encouraged by the local agency. Delete "model" and replace with name of the local ordinance. (6) encourage the use of economic incentives that promote the efficient use of water (7) encourage cooperation between the City of AnyTown and other local agencies to implement and enforce this ordinance. 5 491(ii) (ii) "local agency" means a city or county, including a charter city or charter county, that is responsible for adopting and implementing the ordinance. The local agency is also responsible for the enforcement of this ordinance, including but not limited to, approval of a permit and plan check or design review of a project. Delete 491(ii) 6 491(yy) (yy) "project applicant" means the individual or entity submitting a Landscape Documentation Package required under Section 492.3, to request a permit, plan check, or design review from the local agency. Replace local agency" with entity adopting the ordinance. (yy) "project applicant" means the individual or entity submitting a Landscape Documentation Package required under Section 492.3, to request a permit, plan check, or design review from the City of AnyTown. 7 492 (a) A local agency may designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this ordinance. Local agencies may collaborate with water purveyors to define each entity's specific responsibilities relating to this ordinance. Replace' local agency" with the name of the adopting agency. The City of AnyTown may designate another agency to implement some or all of the requirements contained in this ordinance. 8 492.1(a) (a) Prior to construction, the local agency shall: Replace 'local agency" to entity adopting the ordinance (a) Prior to construction, the City of AnyTown shall: 9 492.1(b)(1) (1) submit a Landscape Documentation Package to the local agency. Replace local agency" to entity adopting the ordinance. (1) submit a Landscape Documentation Package to the City of AnyTown Planning Department. 10 492.1(c) (c) Upon approval of the Landscape Documentation Package by the local agency, the project applicant shall: Replace local agency" to entity adopting the ordinance. (c) Upon approval of the Landscape Documentation Package by the Planning Department, the project applicant shall: 37 October 19, 2009 Location Original Text Changes Example 11 492.1(cX3) (3) submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor. Modify to include the name of the water purveyor. 12 492.2(a) (a) A local agency may establish and administer penalties to the project applicant for non-compliance with the ordinance to the extent permitted by law. The local agency may identify penalties for non - compliance with the ordinance. 13 492.5(2XA) (A) If significant mass grading is not planned, the soil analysis report shall be submitted to the local agency as part of the Landscape Documentation Package; Replace 'local agency" to entity adopting the ordinance. (A) If significant mass grading is not planned, the soil analysis report shall be submitted to the City of AnyTown Planning Department as part of the Landscape Documentation Package; 14 492.5(2)(B) (8) If significant mass grading is planned, the soil analysis report shall be submitted to the local agency as part of the Certificate of Completion. Replace local agency" to entity adopting the ordinance (8) If significant mass grading is planned, the soil analysis report shall be submitted to the City of AnyTown Planning Department as part of the Certificate of Completion. 15 492.5(2X4) (4) The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the local agency with Certificate of Completion. Replace local agency" to entity adopting the ordinance. (4) The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the City of AnyTown with Certificate of Completion. 16 492.6(aX1XA)4. 4. selection of trees based on applicable local tree ordinances or tree shading guidelines; Modify to reflect the names of applicable local tree ordinances. 17 492.6(aX1 XA)5. 5. selection of plants from local and regional landscape program plant lists. Identify any appropriate plant lists from local and regional landscape programs. 18 492.7(a)(1XD) (D) Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain. Modify to reflect the types of sensors that will be required based on the local climate. 19 492.7(aX1XF) (F) Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable local agency code (i.e., public health) for additional backflow prevention requirements. Local agency shall list the applicable agency code for backflow prevention. 20 492.7(aX1)(L) (L) It is highly recommended that the project applicant or local agency inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system. Modify to reflect any water restrictions identified by the water purveyor. 21 492.9(bX1) (1) submit the signed Certificate of Completion to the local agency for review; Replace local agency" to entity adopting the ordinance. (1) submit the signed Certificate of Completion to the City of AnyTown for review; 38 October 19, 2009 Location Original Text Changes Example 22 492.9(c) (c) The local agency shall: Replace "local agency" to entity adopting the ordinance. (c) The City of AnyTown shall: 23 492.9(cX2) (2) approve or deny the Certificate of Completion. If the Certificate of Completion is denied, the local agency shall provide information to the project applicant regarding reapplication, appeal, or other assistance. Replace local agency" to entity adopting the ordinance. (2) approve or deny the Certificate of Completion. If the Certificate of Completion is denied, the City of AnyTown shall provide information to the project applicant regarding reapplication, appeal, or other assistance. 24 492.12(bx1) (1) the project applicant shall submit an irrigation audit report with the Certificate of Completion to the local agency that may include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule; Replace local agency" to entity adopting the ordinance. (1) the project applicant shall submit an irrigation audit report with the Certificate of Completion to the City of AnyTown that may include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule; 25 492.12(b)(2) (2) the local agency shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the Maximum Applied Water Allowance. The agency adopting the ordinance must define the program it will administer for compliance with the MAWA. May require additional attention 26 492.14(c) (c) All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws. The agency adopting the ordinance should cite local laws that apply to recycled water use. 27 492.15(b) (b) Project applicants shall refer to the local agency or Regional Water Quality Control Board for information on any applicable stormwater ordinances and stormwater management plans. Provides specific references for applicable stormwater ordinances and management plans. 28 492.16(a) (1) (1) A local agency shall provide information to owners of new, single- family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes. Replace local agency" to entity adopting the ordinance, or its designee. The City of AnyTown shall provide information.. 29 492.17(a) a) The local agency must comply with the California Environmental Quality Act (CEQA), as appropriate. The agency adopting the ordinance must determine if CEQA is applicable to the project 30 493(a) (a) A local agency may designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this ordinance. Local agencies may collaborate with water purveyors to define each entity's specific responsibilities relating to this ordinance. Replace local agency" with the name of the adopting agency. The City of AnyTown may designate another agency to implement some or all of the requirements contained in this ordinance. 39 October 19, 2009 Location Original Text Changes Example 31 493.1(aX1) (a) A local agency may designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this ordinance. Local agencies may collaborate with water purveyors to define each entity's specific responsibilities relating to this ordinance. Replace 'local agency" with the name of the adopting agency. (a) The City of AnyTown may designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this ordinance. The City may collaborate with water purveyors to define each entity's specific responsibilities relating to this ordinance. 32 493.1(aX2) (2) For all landscapes in 493.1(a), that do not have a meter, the local agency shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste. The agency shall define the program May require additional attention 33 493.2(a) (a) Local agencies shall prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff from leaving the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non -irrigated areas, walks, roadways, parking lots, or structures. Penalties for violation of these prohibitions shall be established locally. The agency shall define the program May require additional attention 34 494(a) (a) A local agency may consider Effective Precipitation (25% of annual precipitation) in tracking water use and may use the following equation to calculate Maximum Applied Water Allowance: State the policy on the use of Effective Precipitation in tracking water use. 35 Appendix A Reference Evapotranspiration Table Include only the city(ies) within the jurisdiction of the local agency_ 36 Appendix C Date the Landscape Documentation Package was submitted to the local agency Replace 'local agency" to entity adopting the ordinance Date the Landscape Documentation Package was submitted to the City of AnyTown. 37 Appendix C Date the Landscape Documentation Package was approved by the local agency Replace 'local agency" to entity adopting the ordinance Date the Landscape Documentation Package was approved by the City of AnyTown. 40 WATER EFFICIENT LANDSCAPE REGULATIONS SEC. I. PURPOSE The State Legislature determined in the Water Conservation in Landscaping Act (the "Act"), Government Code sections 65591 et seq., that the State's water resources are in limited supply. The Legislature also recognized that while landscaping is essential to the quality of life in California, landscape design, installation, mtenance and management must be water efficient. The general purpose of hapter is to establish water use standards for landscaping in the [CITY] that impl the 2006 development landscape design requirements established by the Act. ff with the Legislature's findings, the purpose of this ordinance is to: (a) Promote the values and benefits o scapes while rec in the need to utilize water and other resources as efficie ' s possible. (b) Establish a structure for planning, managing water efficient landscape + new const (c) Promote the use, when irrigating landscaping. (d) Use wa Allowance (MAW landscaping to th nstalling, maintaining and ted recycled water, for e by setta Maximum Applied Water r use and reduce water use for (e) sers o a_`landscapes to use water efficiently and without SE This Cha plements Water Conservation in Landscaping Act. The requirements of this chapt uce wa se associated with irrigation of outdoor landscaping by setting a maxim of water to be applied to landscaping and by designing, installing and mat g water efficient landscapes consistent with the water allowance. The provisions of thi ordinance are equivalent to and at least as effective as the provisions of the state Model Water Efficient Landscape Ordinance because the calculation of MAWA and the resulting restrictions on irrigation and process are similar, though tailored to [CITY's] existing regulatory procedures. [Pursuant to Gov. Code section 65595, a CITY OR COUNTY must adopt either the state model ordinance or a water efficient landscape ordinance that is, based on the evidence in Final 11 /20/09 1 41 the record, at least as effective in conserving water as the state model ordinance. [INSERT FINDINGS BASED ON EVIDENCE BEFORE THE LEGISLATIVE BODY HERE:] SEC. 3. DEFINITIONS The following definitions shall apply to this chapter: (a) "Automatic irrigation controller" means an autom. p timing device used to remotely control valves that operate an irrigation system. Au eat c irrigation controllers shall schedule irrigation events using either eva spiration (ETo) (weather -based) or moisture sensor data. (b) "Building permit" means a permit to . ge in a cert construction on a specific location. (c) Certified landscape irrigation a l i mean ''rson certifies ^perform landscape irrigation audits by an accredited aca. da' tion, a professional trade organization or other accredited ce cation progr (d) "Developer" means a p undertakes land development activitie Developer includes a d .. , 's partn agent. ves permits for or who ily homeowner. ee, consultant, trustee or (e) "Di . r" means 3[insert lo.x ,. etinition] or anyone to whom the Director has designa .der hire `ter nforce this chapter. ona ;b . -rmit" means any permit requiring a decision making body to e e judgmen`a+r to ° .proval, conditional approval or denial. "Estimated aI water use" (ETWU) means the estimated total water use in gallons pe u r for a land .ed area. (h) " _+'nt factor" (ETAF) means a factor that when applied to reference ETo, ad or plant water requirements and irrigation efficiency, two major influences on the amount of water that is required for a healthy landscape. (i) "Evapotranspiration" (ETo) means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time period. "Reference evapotranspiration" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given in inches per day, month, or year and is an estimate of the ETo of a large field of four -inches to seven -inches tall, Final 11/20/09 2 42 cool season turf that is well watered. Reference ETo is used as the basis of determining the MAWA so that regional differences in climate can be accommodated. (j) "Grading" means any importation, excavation, movement, loosening or compaction of soil or rock. (k) "Hardscape" means any durable surface material, pervious or non -pervious. (1) "Homeowner -provided landscaping" means lan a private individual for a single-family residence or instal hired by a homeowner. (m) "Hydrozone" means a portion of the similar water needs. A hydrozone may be irrig ng installed either by a licensed contractor cape area h ri plants with r non -irrigated. (n) "Invasive species" means spec1N .tants istorically fo in California that spread outside cultivated areas a economic resources. (o) "Irrigation audit" mean evaluation of the performance of an i irrigation auditor. An i system tune up, syste overspray or runo (p) beneficia meas u� prae audit m':` stributr` causes o$' e. land fl age environmental or eludes an in depth by a certified landscape united to, inspection, ormity o mission uniformity, reporting nd preparation of an irrigation schedule. "Irriga effi th. asurement of the amount of water divi e wate Irrigation efficiency is derived from f irrigation system characteristics and management ea" nil ans an area with outdoor plants, turf and other vegetatio andscaped a includes a water feature either in an area with vegetation or that stand , `, c. A 1. ¢° aped area may also include design features adjacent to an area with veget � w� .lowed under Section 15. A landscaped area does not include the footprint of a b, decks, patio, sidewalk, driveway, parking lot or other hardscape that does n t meet the criteria in Section 15. A landscaped area also does not include an area without irrigation designated for non -development such as designated open space or area with existing native vegetation. Fina 111 /20/09 3 43 (r) "Landscape design manual" means the manual, approved by [CITY] that establishes specific design criteria and guidance to implement the requirements of this chapter. (s) "Licensed" means licensed by the State of California (t) "Low head drainage" means a sprinkler head or other irrigation device that continues to emit water after the water to the zone in which the d ice is located has shut off. (u) "Low volume irrigation" means the applic pressure through a system of tubing or lateral lines lines or bubblers. (v) "Mass grading" means the mo (w) "Maximum Applied Water Allow allowed annual water use for a spec landscape the area, the ETAF and the referen (x) "Mulch" means an org mineral materials such agravel the soil surface to red va won, su prevent soil erosio (y) "Over area targetedc he i and m " '_ act with a surface not intended to be irrigat igation water at low emitters such as drip of soil per the gradiri°° + ,� finance. A) means the maximum ased on the square footage of , bark, straw or inorganic "te left loose and applied to erate soil temperature or rrigation that is delivered outside an eans +t urface or material that allows the passage of water throug material and unde ying soil. (aa) amount of wate eans a factor when multiplied by the ETo, estimates the ds. (bb) "Public water purveyor" means a public utility, municipal water district, municipal irrigation district or municipality that delivers water to customers. (cc) "Recycled water" means waste water that has been treated at the highest level required by the California Department of Health Services for water not intended for human consumption. "Tertiary treated recycled water," means water that has been through three levels of treatment including filtration and disinfection. Final 11/20/09 4 44 (dd) "Runoff" means water that is not absorbed by the soil or landscape to which it is applied and flows from the landscaped area. (dd) "Special landscaped area" means an area of the landscape dedicated to edible plants, an area irrigated with recycled water, or an area dedicated as turf area within a park, sports field or golf course where turf provides a passive or active recreational surface. (ee) "Subsurface irrigation" means an irrigation d with a delivery line and water emitters installed below the soil surface that slow. uently emit small amounts of water into the soil to irrigate plant roots. (ff) "Transitional area" means a port a landscaped are a natural or undisturbed area and is designa ensure that the natural unaffected by plantings and irrigation instal the pr (gg) "Turf' means a groun.sver surface wed grass. (hh) "Water feature" means aesthetic or recreational function. A fountain, artificial strea and swi site wastewater treat m�tt ° tir " i water features. (ii) "WUCO refers to th{ versio (a) permit or a disc t is adjacent to remains open water performs an nd, lake, waterfall, cted wetlands used for on- nageme practices are not water ssification of Landscape Species and 99 publication or the most current all apply to the following projects which require a building it: (1) A project for an industrial, commercial, institutional, or multi -family residential use where the landscaped area is greater than or equal to [range from 1-2, 500 square feet]. When selecting a threshold, cities should consider the cumulative impact of the threshold, resources to implement, and the existence of other runoff and water waste ordinances. Final 11/20/09 5 45 (2) Developer installed residential and common area landscapes where the total landscaped area for the development is greater than or equal to [range from 1-2,500 square feet].' (3) A new single-family residence with homeowner provided landscaping where the landscaped area is greater than or equal to 5,000 square feet. (4) A model home that includes a landscape (5) A public agency project that contai aped area 2,500 square feet or more. (6) A rehabilitated landscape existing industri- mmercial, institutional, public agency, or. _ family use where a bu permit or discretionary permit is being is . nd the = 8> icant is insta or modifying 2,500 square feet or mo 1aping. (7) A cemetery un (8) A new single-fam'i landscapin. ear, e the la _ v ;, limited �" e :�;�. in Sec ed require rates in Section l7. (b) Thiollowing: loca ,: i° federal historical site. 1 restoration project that does not require a permanent er provided an 5,000 square feet, under land reclamation project that does not require a permanent (4) i tanical garden or arboretum, open to the public. (5) Any single-family residence that is being rebuilt after it was destroyed due to a natural disaster, such as a fire, earthquake, hurricane or tornado. Final 11 /20/09 6 46 SEC. 5: LANDSCAPE APPROVAL (a) without the (b) shall obtain SE (b) current County Manual to provide chapter. No person shall install landscaping for a project subject to this chapter review and approval required by this chapter. A person constructing a project subject to the requirements of this chapter approval for the landscaped area as follows: (1) A person applying for a building permit ingle-family residence shall obtain an approval of the Landscaping fr e [CITY] as part of the permitting process. (2) A person applying for a discr permit s bed in section 4: (i) Shall submit a lay pe concept plan a requ.y the discretionary permit app on. T • " cept plan sha ,clude representation of the site fey s sed planting areas and the proposed meth. . nd type of (ii) Shall ob ing as part of the permitting process for each oject segment that re '>` f tallatio i a , connection to an existing ans for Developer -installed landscaping ND LANDSCAPE MANUAL all a• A' mister and enforce this chapter. all prepare a landscape design manual or may designate the Landscape Design Manual as the [CITY] Landscape Design ce to applicants on how to comply with the requirements of this Final 11/20/09 7 47 SEC. 7. LANDSCAPE DOCUMENTATION PACKAGE (a) Except as provided in subsection (b) building permit applications for projects subject to Section 4 shall include a landscape documentation package that complies with the provisions of this chapter and with the Landscape Design Manual. (b) An applicant for a building permit for a single family residence with a landscaped area less than 5,000 square feet is not required to sub r't a landscape documentation package with the permit application, but shall y with Section 16. An applicant for a permit for a cemetery is not required toa landscape documentation package, but shall comply with Section (c) The landscape documentation packa '.uired by tion (a) shall contain the following: (1) A soil management repo analyzes the soil within each land recommendations reg:ng soil addi mplies with tion 8 that of the project and makes (2) Planting and irri that eo"' with Section 9 that describe the landscaping ; irri . .r the ect. (3) that (4) workshe='"that complies with Section 10 e ETWU for the project. mplies with Section 11 that describes projec :` a.roject applicant has submitted a grading lication for the project, the Director may accept that of the grading design plan required by this subsection if es with Section 11. SEC. 8. SOI'! AG-=ie`'' NT REPORT (a) The '' '`. nagement report required by Section 7 shall be prepared by a licensed landscape arc itect, licensed civil engineer, licensed architect, or other landscape professional licensed by the state to do this work and shall contain the following information: (1) An analysis of the soil for the proposed landscaped areas of the project that includes information about the soil texture, soil infiltration rate, pH, total soluble salts, sodium, and percent organic matter. Final 11 /20/09 8 48 (2) Recommendations about soil amendments that may be necessary to foster plant growth and plant survival in the landscaped area using efficient irrigation techniques. (b) When a project involves mass grading of a site the applicant shall submit the soil management report that complies with subsection (a) above with the certificate of completion required by Section 23. (c) The soil management report shall include inf ion regarding proposed soil amendments and mulch: (1) The report shall identify the where mulch is applied. Mulch s e used as follows. (i) A minimum two- exposed soil surfaces in ead creeping or roo,,: ground co where mulch i i dicated. d amount Mulch for each arca h shall be ap `T: d on all d area except in turf areas, direct seeding applications (ii) Stabilizing slopes. of seeeF ulch slurry in hydro -seeded with subsection (a) above. lch material shall not be used. shall identify any soil amendments and their type and SEC. 9. ' `_ TING A RRIGATION PLANS (a) T nd irrigation plans required by Section 7 shall be prepared by a licensed landsca e, itect, licensed civil engineer, ,licensed architect, or other landscape profession. I licensed by the state to do this work. The plans shall: (1) Include the MAWA for the plans, including the calculations used to determine the MAWA. The calculations shall be based on the formula in Section 13. Final 11/20/09 9 49 (2) Include the ETWU for the plans, including the calculations used to determine the ETWU. The calculations shall be based on the formula in Section 14. (3) Include a statement signed under penalty of perjury by the person who prepared the plan that provides, "I am familiar with the requirements for landscape and irrigation plans contained in the [CI7Y's] Water Efficient Landscape Regulations. I have prepared this plan compliance with those regulations and the Landscape Design Manual-ify that the plan implements those regulations to provide efficse of water." (4) Demonstrate compliance with beisg age.ractices required by (Watershed Protection, Stormwat, anagement 1 ischarge Control regulations). (5) Address fire safety issue demo .�- compliance h applicable requirements for defensi r . `•round buildings and structures and shall av'd the use of ne vegetation. (b) The planting plan shall (1) The botanic plan owing f rements: all inclt m=' a Lion by common and whic in the posed landscaped area. The egetatiill be retained and what will be removed. (2) 4.� 1 + a h� f all vegetation by common and me, w aFF ie added to each landscaped area. No ecies shall be added to a landscaped area. The plan shall antities by container size and species. If the applicant the plan shall describe the seed mixes and ity an germination specifications. inclu intends applicable shall include a detailed description of each water feature luded in the Landscaped area. (4) e plan shall be accompanied by a drawing showing on a page or pages, the specific location of all vegetation, retained or planted, the plant spacing and plant size, natural features, water features, and hardscape areas. The drawing shall include a legend listing the common and botanical plant name of each plant shown on the drawing. Final 11/20/09 10 50 (5) All plants shall be grouped in hydrozones and the irrigation shall be designed to deliver water to hydrozones based on the moisture requirements of the plant grouping. A hydrozone may mix plants of moderate and low water use or mix plants of high water use with plants of moderate water use. No high water use plants shall be allowed in a low water use hydrozone. The plan shall also demonstrate how the plant groupings accomplish the most efficient use of water. (6) The plan shall identify areas permanentl olely dedicated to edible plants. (7) The plan shall demonstrate that apinn installed and at maturity will be positioned to avoid '° cting moto ' views of pedestrian crossings, driveways e -ays and other ve . r travel ways. If the landscaping will require® enance to avoid obstru+1» motorist's views, the plan shall describe t gintena d the freque Y of the proposed maintenance. (8) The plan shall problems adjacent to a of root control barriers (9) P adapts . d comp spe hall be i� in a trna ping with known surface root n provides for installation to control surface roots. sition l ' :°shall con t of a combination of site le nati d/or non-native species. No invasive uced or touted in a transitional area. The irrigation des t d so that no overspray or runoff shall rea t o it „; igated. pr other than a single-family residence, the plan shall ve an.tive recreational ar6as. lan shall meet the following requirements: n shall show the location, type and size of all components of the g n system that will provide water to the landscaped area, includi g the controller, water lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices. (2) The plan shall show the static water pressure at the point of connection to the public water supply and the flow rate in gallons, the Final 11 /20/09 11 51 application rate in inches per hour and the design operating pressure in pressure per square inch for each station. (3) The irrigation system shall be designed to prevent runoff, overspray, low -head drainage and other similar conditions where irrigation water flows or sprays onto areas not intended for irrigation. The plan shall also demonstrate how grading and drainage techniques promote healthy plant growth and prevent erosion and runoff. (4) The plan shall identify each area irrig nth recycled water. (5) The plan shall provide that any sjo reater n 25 percent will be irrigated with an irrigation system w . precipitatiot of .75 inches per hour or less to prevent runoff and ~ '`on. As used in t apter, 25 percent grade means one foot o m., ical elevation change .` ery four feet of horizontal length. An ant may -ploy an ahem e design if the plan demonstrates that no runo `. . e gin will occur. (6) The plan shall that a vehicle may use, installed inside a PVC c (7) g ; that • r water, the within 24 may a ,1 t ° gin hat all wi king a 1 provik h as sp es of a nher (8) i •. shall be L.:. surface unl constructed ( shut shutof and the water supply. nd piping under a paved area riveway or roadway, will be irrigatio :. iping and irrigation devices er heads, shall be installed below grade if le or pedestrian use area. The Director ndform constraints make below grade provide that only low volume or subsurface irrigation any vegetation within 24 inches of an impermeable cent impermeable surfaces are designed and ause water to drain entirely into a landscaped area. gation system shall provide for the installation of a manual e as close as possible to the water supply. Additional manual Valves shall be installed between each zone of the irrigation system (10) The irrigation system shall provide that irrigation for any landscaped area will be regulated by an automatic irrigation controller. Final 11 /20/09 12 52 (11) The irrigation system shall be designed with a landscape irrigation efficiency necessary to meet the MAWA. (12) The plan shall describe each automatic irrigation controller the system uses to regulate the irrigation schedule and whether it is a weather based system or moisture detection system. The plan shall depict the location of electrical service for the automatic irrigation controller or describe the use of batteries or solar power that wilpower valves or a smart controller. SEC. 10. WATER EFFICIENT LANDSCAPE W The water efficient landscape worksheet by a licensed landscape architect, licensed ci landscape professional licensed by the state t following: (a) A hydrozone informa landscaped area of the project and co (1) For water foota the drozon hydroz tage o nts. pes s ,water use. red by Section 7 be prepared gineer, licensed archit r other his wo shall conta► list of each hydrozone in the requirements: 11 identify the plant types and e irrigati methods used, the square total landscaped area of the project that egorized as turf, high water use, moderate ns, which shall meet the following requirements: t factor used shall be from WUCOLS III. The plant factor very low water use plants 0.3 for low water use plants, 0.5 fob d '" "water use plants and 0.8 for high water use plants. A plan that mixe s in a hydrozone that require a different amount of water shall use the lant factor for the highest water using plant in the hydrozone. (2) Temporarily irrigated areas shall be included in the low water use hydrozone. Temporarily irrigated as used in this chapter means the period of time when plantings only receive water until they become established. Final 11/20/09 13 53 (3) The surface area of a water feature, including swimming pools, shall be included in a high water use hydrozone. (4) The calculations shall use the formula for the MAWA in Section 13 and for the ETWU in Section 14. (5) Each special landscaped area shall be identified on the worksheet and the area's water use calculated using an ETAF 1.0. SEC. 11. GRADING DESIGN PLAN The grading design plan required by Section 7sMbe pred by a Califomia licensed civil engineer, licensed landscape architec ' ' ensed arch' r other landscape professional licensed by the state to do this wor . shall comply wit lowing requirements: (a) The grading on the project site sha water by minimizing soil erosion, off and water and irrigation. fed for the efficient use of resulting from precipitation (b) The plan shall show the hed . . q atio' d elevations of each landscaped area includi eight o dew' e`'�.. amage pattern, pad elevations, finish gr.' ; _ ormwa ntion imt ovements. SEC. 12. IRRIGA land profe architect, nal licensed b (a) project. equired by Section 7, shall be prepared by a licensed engineer, licensed architect, or other landscape o this work and provide the following information: the automatic irrigation system that will be used for the (b) The ta relied on to develop the irrigation schedule, including the source of the data. (c) The time period when overhead irrigation will be scheduled and confirm that no overhead irrigation shall be used between 10:00 a.m. and 6:00 p.m. (d) The parameters used for setting the irrigation system controller for watering times for: Final 11 /20/09 14 54 The plant establishment period. Established landscaping. Temporarily irrigated areas. Different seasons during the year. (c) The consideration used for each station for the (1) The days between irrigation. (2) Station run time in minute avoid runoff owing factors: ach irrigation ev esigned to (3) Number of cycle starts req '?.E" irrigation event, designed to avoid runoff. (4) Amount of wate "ayd on a"iithly basis. (5) The ;+ LL.th setti (6) (7) SEC. 13. M UM FLIED WATER USE (a) A la e project subject to this chapter shall not exceed the MAWA. The MAWA for a la dscape project shall be determined by the following calculation: MAWA = (ETo)(0.62)[0.7 x LA + 0.3 x SLA] (b) The abbreviations used in the equation have the following meanings: (1) MAWA = Maximum Applied Water Allowance in gallons per year. Final 11 /20/09 15 55 (2) ETo = Evapotranspiration in inches per year. (3) 0.62 = Conversion factor to gallons per square foot. (4) 0.7= ET adjustment factor for plant factors and irrigation efficiency. (5) LA = Landscaped area includes special Ian aped area in square feet. (6) 0.3 = the additional ET adjustmentspecial landscaped area (1.0 - 0.7 = 0.3) (7) SLA = Portion of the land a area identified E . ;.special landscaped area in square feet. SEC. 14. ESTIMATED TOTAL WATER U. (a) An applicant for a pr. m R'ect to this is Ater shall calculate the ETWU for each landscaped area and the ent '�� • �` �'ng the t. wing equation: (1) ET To)(0. LA) (b) The . viations d in the ation have the following meanings: (1) ,` tal r use in gallons per year. o apotranspiration in inches per year. on factor to gallons per square foot. t factor from WUCOLS ydrozone Area in square feet. Each HA shall be classified base ` the data included in the landscape and irrigation plan as high, medium` or low water use. (6) IE = Irrigation Efficiency of the irrigation method used in the hydrozone. (7) SLA = Special landscaped area in square feet. Final 11 /20/09 16 56 (c) The ETWU for a proposed project shall not exceed the MAWA. SEC. 15. ADJUSTMENT TO LANDSCAPED AREA FOR NON -VEGETATED AREA Rock and stone or pervious design features, such as decomposed granite ground cover that are adjacent to a vegetated area may be included in the calculation of the MAWA and ETWU provided the features are integrated into the design of the landscape area and the primary purpose of the feature is decorative. SEC. 16. NEW SINGLE FAMILY RESIDENTIAL P TS WITH LIMITED LANDSCAPING An applicant for a building permit for a e, ngle-family rest` subject to this chapter where the landscaped area of the proless than 5,000 squar shall, as a condition of obtaining a building permit, subapplicationto establish WA and/or a best landscape design practices checkh ` . t perty on the form approved by the Director. SEC. 17. CEMETERIES (a) A person su following: an app t ti. 7_ .dry shall include the (1) , as desc • in Section 5. icient i : worksheet that calculated the MAWA for e application that complies with Section 10. ation and maintenance schedule that complies with APPLICABLE TO USE OF TURF ON LANDSCAPED The followingegulations shall apply to the use of turf on a project subject to this chapter: (a) Only low volume or subsurface irrigation shall be used for turf in a landscaped area: Final 11 /20/09 17 57 (1) On a slope greater than 25percent grade where the toe of the slope is adjacent to an impermeable hardscape. (2) Where any dimension of the landscaped area is less than six feet wide. (b) On a commercial, industrial, institutional or multi -family project, no turf shall be allowed on a center island median strip or on a parking .fit island. (c) A ball field, park, golf course, cemetery and o* rsimilar use shall be designed to limit turf in any portion of a landscaped ar of the facility. ntial for the operation (d) No turf shall be allowed in a land : d area that canno li fficiently irrigated, such as avoiding runoff or overspr SEC. 19. PROJECTS WITH MODEL HOM A person who obtains a pe development that contains a model h chapter to each adult visitor that visits by one or more adults d visit o provided. Each mode e rovid model home visibl readabl m the capital black lette ` t least tw ches hig USES WATER EF SE shall use from the wa a permit. struct a si s shall -family residential 'de a summary of this t visitor is accompanied materials is required to be cationa °tgn in the front yard of the way that the home faces that states in a white sign, "THIS MODEL HOME IRRIGATION." btaina permit for a project that is subject to this chapter irrigation when tertiary treated recycled water is available supplies water to the property for which the [CITY] issues (b) A person using recycled water shall install a dual distribution system for water received from a public water purveyor. Pipes carrying recycled water shall be purple. (c) A person who uses recycled water under this section shall be entitled to an ETAF of 1.0. Final 11/20/09 18 58 (d) This section does not excuse a person using recycled water from complying with all State and local laws and regulations related to recycled water use. SEC. 21. LANDSCAPING AND IRRIGATION INSTALLATION A person issued a landscape approval for a project, other than a single-family residence where the landscaped area of the project is less than 5,000 square feet, shall install the approved landscaping and irrigation system before fin inspection of the project. SEC. 22. LANDSCAPING AND IRRIGATION MAI (a) A property owner using water on pr other than a single-family residence with a to feet, shall prepare a maintenance schedule f the project. The schedule shall provide for and erosion and to detect plant or irrigation sys dying and diseased vegetation, (3) dication of if irrigation system and its compone w. lenishin necessary to support and maintain h weeding and maintaining turf areas, a motorists' view. The sc , shall als maintenance. CE subject to escaped area less landscaping and irriga� utine in dscape approval 5,000 square system on ion to guard a® inst runoff (2) replacement of dead, species, (4) repairing the ch, (6) soil amendment when rtilizing, pruning and id obstruction of responsible for (b) Aftethe owner is required to: d opera ndscaping and irrigation system on the nt with the • WA. ation system to meet or exceed an irrigation ssary ° + meet MAWA. broken or malfunctioning irrigation system components nts of the same materials and specifications, their equivalent or b (4) Ensure that when vegetation is replaced, replacement plantings are representative of the hydrozone in which the plants were removed and are typical of the water use requirements of the plants removed, provided that the replaced vegetation does not result in mixing high water use plants with low water use plants in the same hydrozone. Final 11/20/09 19 59 SEC. 23. CERTIFICATE OF COMPLETION Prior to receiving final approval for completion of the project, each applicant, other than for a single family residence with a total landscaped area less than 5,000 square feet, shall submit a signed certificate of completion and final documentation for the project under penalty of perjury within 10 days after installation (a) The certificate of completion shall: (1) (2) Be submitted on a form provided by t Include a statement verifying that were installed as allowed in t plan, all approved soil am irrigation system is fun irrigation control system with the irrigation schedule, received all re.... ' ed maintena ands roved lan nts were implem g as desi;, ed and app ropergrammed in (3) Be signed by th os l of rec (b) The final s (1) 1 shall i and irrigation and irrigation , the installed the rdance son operating the system has d irrigation plans, and. or the landscape design. mplies with Section 12, that describes the age for the project ing an.&':gin system maintenance schedule that ith Section 2 , and ent report that complies with Section 8, if the t did nit submit the report with the landscape documentation as built" plans, submitted by the professional of record, where have been significant changes to the landscape plan during the i stallation of landscaping or irrigation devices or irrigation system components. Final 11 /20/09 20 60 SEC. 24. WASTE WATER PREVENTION (a) No person shall use water for irrigation that due to runoff, low head drainage, overspray or other similar condition, water flows onto adjacent property, non - irrigated areas, structures, walkways, roadways or other paved areas. (b) No person whose landscape is subject to a landscape approval pursuant to this chapter shall apply water to the landscape in excess of the MWA. SEC. 25. ENFORCEMENT (a) The City Manager shall administer a( force the p chapter. Any city authorized personnel or en f & ent officer may e enforcement powers as set forth in the Cod (b) The city may delegate to or enter i other person to implement and adrniu any of of the city. SEC. 26. FEES An applica all fees establishe required landscape jurisdictior)ew a project the [CI ent ons of this ise any ct with a local agency or visions of this Chapter on behalf chapter shall include with the application, 'I7T's] cost to review an application, any ay other documents the (local is of this chapter. Final 11/20/09 21 61 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE December 15, 2009 AGENDA ITEM NO. 17 ITEM TITLE Request to Use the Martin Luther King, Jr. Community Center by Christmas in July fo their Annual Food Basket Distribution Day on Saturday December 19, 2009. PREPARED BY I,/,�� DEPARTMENT Brenda Hodges -�g�'!" V��"�) Community Services Phone: (619) 336-4413 EXPLANATION Christmas in July is requesting use of the Martin Luther King, Jr. Community Center for their Annual Distribution Day on Saturday December 19, 2009 from 7am to 1 pm. Approximately 400 guests will be attending. Cost: Building Use Fee: $ 50.00 Kitchen: $ 60.00 Hall Fee: $ 703.56 Chair Rental: $ 22.50 Table Rental: $ 20.00 Custodial: $ 220.00 Total $1,076.06 Cleaning Deposit: $ 100.00 Kitchen Deposit: $ 60.00 This request is consistent with City Council Policy #803 which governs the use of the center. Environmental Review ( N/A Financial Statement Approved By: Finance Director Approving the request for use will result in fees of $1,076.06 plus $160 in refundable deposits. Account No. STAFF RECOMMENDATION Approve the request for use. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Application for use of the Martin Luther King, Jr. Community Center l A-200 (9/99) City of National City Facility Use Application 140 E. 1210 Street, Ste. B National City, CA 91950 (619)336-4290 Fax (619)336-4292 After hours dispatch: (619)336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of City Facility attend The City Council meeting when the item is scheduled for consideration in order to answer any questions from The City Council Facility Requested: please circle Martin Luther King Jr. Building North Room South Room Entire Facility Granger Music Hall Date(s) of Use: December 19, 2009 Day(s) of Use: Time of Use: From: 7 am AM/PM To: 1 .m AM/PM — INCLUDE SET-UP & CLEAN UI Type of Function/Activity:_Annual Distribution Day Is the event open to the public? Approved Applicants Only Name & Address of Organization/Group:_Christmas in July Non- profit organization: Yes No Tax ID # 33-0619866 Anticipated Maximum Attendance: 400 Percentage of National City Residents 100% Will Admission be charged? 0 Amount $ Will this be a Fund Raising Event? Equipment Requested: 30 # of chairs 20 # of banquet tables Podium/Microphone Use of Kitchen: x Yes No Is the Use of Alcohol Requested? No Will other paid services be used (I. e, commercial caterer, DJ, Band, etc)? Yes x Stage **PLEASE ATTACH SEATING DIAGRAM** Use of Gas for Range and Oven: Name: Cecilia Kirk Phone: (619) 477-5532 or 517-8728 Yes x Name: Julie Sepulveda Phone: (805) 407-6327 I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/ GROUP TO CONFORM TO ALL OF ITS PROVISION. DATE COMPLETED: October 21, 2009 PRINT NAME: Cecilia Garcia- Kirk SIGNATURE: HAVE YOUR COPY OF APPLICATION IN POSSESION DURING USE Please type or print -clearly with a Ballpoint pen. Complete application must be submitted and payment submitted in advanced of the event. DEPARTMENT HEAD/ SIGNATURE MANAGER `1'641 ADDRESS OF APPLICANT: 2101 Hoover Ave CITY, STATE, AND ZIP CODE: National City, CA 91950 PHONE: DAY _477-5532 FAX NUMBER: 477-5006 CONTACT PERSON ON THE DAY OF THE EVENT: Cecilia Kirk PHONE: ( ) CELL: ( ) 517-8728 Community Services Staff Only - Rental Amount Received: Receipt Number: Deposit Amount: Deposit/ Key Returned: Check Key issued: YES NO CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Person requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which include the city, its officials, agents and employees named as additional insured and to sign the hold harmless agreement. Certificate of Insurance must be attached to this permit. Organization: _Christmas in July Person in charge of activity: _Cecilia Garcia -Kirk Address: 2101 Hoover Ave. National City, CA 91950 Telephone: 477-5532 E-Mail: christmasinjulync(ayahoo.com City Facilities and/ or property requested: _Martin Luther King Community Services Center Date(s) of use: December 19, 2009 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities On public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death, or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out or related to the use of public property or the activity taken under the permit by the permit or its agents, employees or contractors. Signature of applicant Certificate of Insurance Approved by October 21. 2009 Date Name and Title 4 Safety/ Security Please describe your procedures for crowd control and internal security: The beneficiaries of our program line up outside the MLK, each one of the them is given a ticket that they present at the front entrance. The approved applicants proceed to South Room to pick up their food baskets. YES x NO Have you hired any Professional Security organization to handle Security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: 5 Security Director (Name): Phone: Monitoring Alcohol Consumption Please describe your producers for monitoring alcohol consumption: NONE Organization must designate a person to ensure that alcohol is being served to persons 21 years of age or older. The designated alcohol server must also be 21 years of age or older. Name: Contact phone number the day of event: YES x NO Have you hired any Professional Security organization to handle Security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: 6 Public Works Police Department Fire Department Community Services Building and Safety Engineering Risk Management _ Finance Department Planning For Office Use Only Department Yes Initial Date Condition(s) of Approval Specific Conditions of Approval: 7 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE IMMoDIYYYY) 10/15/2009 PRooUCER (619) 6B3-9990 FAX: (619) 683-9999 Michael Ehrenfeld Company 2655 Camino Del Rio North 8200 San Diego CA 92108 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 Christmas in July - National City 2101 Hoover Avenue Nationall City CA 91950 INSURERA• Nonprofits Insurance Alliance 10023 INSURER B: INSURER C: INSURER a INSURER Er COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NO1VNTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VNTH 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 IN ADD'L INSRD TYPE OF INSURANCEDATE POUCY NUMBER POLICY EFFECTIVE IMM/OD/YYYYI POUCY EXPIRATION DATE IMMIDDNYYY! LIMITS A X GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 200919055Npo 7/13/2009 7/13/2010 EACH OCCURRENCE I 1,000,000 E 10 RENTED PRE M SES Ea occurrence) $ 500,000 CLAIMS MADE X OCCUR MEDEXP(Any one person) S 20,000 PERSONAL S ADV INJURY I 1,000,000 GENERAL AGGREGATE I 2,000,000 GEN. X AGGREGATE LIMIT APPUES PER POLICY r EST LOC PRODUCTS- COMP/OP AGG S 2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) I BODILY INJURY (Per Parson) S BODILY INJURY (Per accident)I PROPERTY DAMAGE (Per accident) I GARAGE UABILftt AUTO ONLY- EA ACCIDENT S OTHER THAN EA ACC $ AUTO ONLY: AGG I EXCESS I UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE I AGGREGATE $ 7 I I $ WORKERS AND EMPLOYERS' ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER (Mandatory If yes describe SPECIAL PROVISIONS COMPENSATION UABIUTY Y 1 N EXCLUDED? ❑ WC STATU- I OTH- TORY I EMITS ER EL EACH ACCIDENT I El. DISEASE - EA EMPLOYEE S In NH) under below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS ;LOCATIONS 1 VEHICLES Re: 10/17/2009 Jazz Festival. 1 EXCLUSIONS ADDED BY ENDORSEMENT 10 days notice of cancellation I SPECIAL PROVISIONS only required in the event of non-payment of premium. CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd. National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE NE EXPIRATION GATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGATION OR UABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Eric Ehrenfeld/TGW CORD 25 (2009/01) 1S025 (200901) 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Nonprofits. 4kVV Nonprofits` Insurance Alliance of California P.O. Box 8507, Santa Cruz, CA 95061 P: (800) 359-6422 F: (831) 459-0853 DIRECTORS' & OFFICERS' LIABILITY POLICY DECLARATIONS Item 1. Named Member: Christmas in July- National City Address: 2101 Hoover Avenue National City, CA 91950 Item 2. Policy Number. 2009-19055-DO-NPO Policy Period: 07/13/2009 to 07/13/2010 (12:01 A.M. Standard time at the address stated in Item 1.) Item 3. Limit of Liability: $ 1,000,000 $ 1,000,000 Item 4. Deductible: N/A Each Wrongful Act Annual Aggregate Item 5. Premium: $ 1,200 (premium does not include Terrorism Coverage - Certified Acts) Nonprofits' Insurance Alliance of California A HEAD FOR INSIAMCE...A WEAR FOR NONROFRS Item 6. Applicable policy form(s) and Endorsement(s) effective at inception: NIAC-DODEC-NPO, NIAC-DOPWA/07 09, NIAC-DOET/07 09, NIAC-E3D0/1-99, NIAC-EDO1/8-91, NIAC-EDO4/3-94, NIAC-EDO7/07 09, NIAC-ED034/1-02, NIAC-E42/07 06, CG 21 73/01 08 Producer: 00068 Michael Ehrenfeld Company 2655 Camino Del Rio N. Ste 200 San Diego, CA 92108 NIAC-DODEC - NPO Authorized Company Representative President, MAC 06/12/2009 Nonprro!fits itA Nonprofits' Insurance Alliance of California INDEX OF FORMS ATTACHED TO THE POLICY POLICY NUMBER: 2009-19055-DO-NPO NAME OF INSURED: Christmas in July- National City Nonprofits' Insurance Alliance of California A WAD FOR NISWAIKE... A WAITfp liONPROFITS Page 1 DIRECTORS AND OFFICERS FORMS AND ENDORSEMENTS Directors & Officers Liability Policy Declarations Prior Wrongful Acts Coverage Endorsement Nonprofit Organization Directors' and Officers' Liability Policy Member Criteria Nuclear Energy Liability Exclusion Endorsement (Broad Form) Blood Testing Exclusion Non -Imputation Mold, Fungus Exclusion Nuclear, Chemical and Biological Hazard Exclusion Exclusion of Certified Acts of Terrorism its list of forms is not part of the actual policy, but is for your information only. ,case refer to the policy(s) for actual limits, coverages and exclusions. FORM NUMBER/EDITION DATE NIAC-DODEC-NPO NIAC-DOPWA/07 09 NIAC-DOET/07 09 NIAC-E3DO/1-99 NIAC-EDO1/8-91 NIAC-EDO4/3-94 NIAC-EDO7/07 09 NIAC-ED034/1-02 NIAC-E42/07 06 CG 21 73/01 08 Nonprofits' VV Nonprofits' Insurance Alliance of California ACCIDENT INSURANCE DECLARATIONS MASTER POLICY #SRG 0009124978 A program of National Union Fire Insurance Company ACCOUNT NAME & ADDRESS: CONTROL#: POLICY EFFECTIVE DATES: Christmas in July- National City 2101 Hoover Avenue National City, CA 91950 19055 07/13/2009 to 07/13/2010 SCHEDULE OF BENEFITS Accidental Death Accidental Dismemberment Aggregate Indemnity Accident Medical, Excess Deductible PREMIUM: $ 137 COVERED CLASSES Participants & Volunteers $50,000 $50,000 $500,000 $50,000 $ 250 OPTIONAL COVERED ACTIVITIES Heavy Manual Labor ce 06/12/2009 Authorized Signature Date (00068) Nonprofits' Insurance Alliance of California DATE: June 12, 2009 TO: Christmas in July- National City (19055) FR: Pamela Fyfe, Labor and Employment Risk Manager pfyfe@insurancefornonprofits.org RE: Avoiding Wrongful Termination Lawsuits PO Box 8507 Santa Cruz, CA 95061-8507 Phone (831) 459-0980 Fax (831) 459-0853 You have recently renewed Directors and Officers coverage with the Nonprofits' Insurance Alliance of California (NIAC). Employee -related lawsuits are the most common claim filed against nonprofit D&O insurance policies. Many of these lawsuits can be avoided by obtaining good advice before you terminate an employee. To assist you, NIAC provides FREE pre -termination consultation. Just contact me at (831) 459-0980 and I will assist you to ensure that you take the appropriate actions to protect your organization. Another service that NIAC provides FREE is reviewing your personnel handbook to ensure that it is in compliance. You may find these additional facts about employment -related matters of interest: • Well over 90% of the claims made against directors and officers of 501(c)(3) nonprofits are employment related. These commonly involve allegations of wrongful terminations, discrimination, or harassment. • The primary reason nonprofits find themselves in employment -related lawsuits are failing to follow, to the letter, personnel policies which are in compliance with law. In particular, if your personnel policies provide for any special considerations before terminations, such as grievance, probationary period, or written or verbal warnings, and you do not follow these policies to the letter, but instead fire immediately in anger, chances are good that you could find yourself in a lawsuit. • During our review of personnel policies of those nonprofits with D&O coverage, we most commonly find policies out -of -compliance with current law regarding pregnancy leave, provision for payment of overtime, and applicable classes protected from discrimination such as sexual orientation, political affiliation, veteran status and others. For everyone's benefit we hope your organization does not find itself in a difficult termination situation. However, if you do, please do not hesitate to contact me before you take action so that together we can help minimize your exposure to expensive and time-consuming lawsuits. P.S. A knowledgeable, committed board of directors is the strongest protector of a charitable organization's accountability to the law, its clients, it donors and the public. Are you looking for a communications and information management solution for your board of directors? BOARDnetWORK was created by MAC for its member -insureds. For less than $1.00 a day, this easy to use, web -based resource will free you from the effort required to keep your board organized and running smoothly. View short demo at www.Boardnetwork.org. For more information, call our Loss Control Director at (831) 459-0981 ext. 76. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 15, 2009 AGENDA ITEM NO. 18 ITEM TITLE TEMPORARY USE PERMIT - Valencia Stone & Tile Sale's Inflatable Blue Gorilla at 1124 Coolidge Avenue from December 16, 2009 to January 31, 2010 with no waiver of fees. PREPARED BY Vianey Rolon, 336-4364 DEPARTMENT EXPLANATION Neighborhood Services Division This is a request from Valencia Stone and Tile to erect an Inflatable Gorilla on their roof top at 1124 Coolidge Avenue for a length of 47 days, from December 16, 2009 to January 31, 2010. This inflatable gorilla will be used to advertise for their Granite Fabrication and Installation Sale and stands 20 feet high by 10 feet wide. Granite Slabs previously obtained a Temporary Use Permit in 2007 and 2008 for the same use. Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $237.00 for processing the TUP. Total fees: $237.00. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) Type of Event: Public Concert _ Fair Parade Demonstration - Motion Picture ` Grand Opening Event Title: Event Location: Irani k i 1aU �oal ��JJ .Event Date(s): Fromi�to �� Month/Day Actual Event Hours: am/pm to Festival Circus Other _ Community Event _ Block Party (oVlt1 _ad.6 41-905a- Total Anticipated Attendance: ( Participants) am/pm ( Spectators) Setup/assembly/construction Date: Start time: Please describe the scope of your setup/assembly work (specific details): Dismantle Date: Completion Time: am/pm P List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: V I Chief Officer of Or iization (Name) Applicant (Name): Address: it)-q !1 f�1)�1( Q 1\66(4 (',L C oL 5/ Daytime Phone: ( (Pi ')I4 ILl`kening Phone: al.g*( t�v` �' 17 (,� �1 � i £ ax: Contact Person "on site" day of the event: S>AtS (A, Pager/Cellular. 691CY7? lCl1t{0 6f).1(-1-d(1?- NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? YES Are admission, entry, vendor or participant fees required? YES If YES, please explain the purpose and provide amount(s): Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. rob CCU CU 'it I• 0,4 tY act2r INSIMMET I INIMENE C new cf uQ►,t5 a din _ YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 _ YES 0 Does the event involve the sale or use of alcoholic beverages? OYES _ NO Will items or services be sold at the event? If yes, please describe: e (051 YA whin mid t 0,5 i : h-y _ YES _WO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. - YES )CiVO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES 0 Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. _ YES 1CN0 Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): (_ ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: cLeAS Please describe your procedures for both Crowd Control and Internal Security: YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES 0 Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: _ YES NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm _ YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES 0 Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES O Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 5 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) 9 Date 1124 Coo1i4 &e Avenue National Cilp Ca 91950 619-474 9100 Huss 619-474-9410 1 ax November 4. 2009 Hello Mrs. Viaey Rolon, Flere is my completed application for the 11P; 1 really hope we get approved because our company really needs it. We have had permission before. Please let us know of any information you might need. Valencia Stone and Tile Dina Valencia CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Granite Fabrication & Installation Sale EVENT: Inflatable Monkey DATE OF EVENT: December 16, 2009 to January 31, 2010 TIME OF EVENT: N/A APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] BUILDING & SAFETY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: RISK MANAGER (619) 336-4370 I've reviewed the application for the proposed repeat use and note that the inflatable balloon, a 20 ft high, 10 ft wide gorilla, will be displayed entirely on the roof of 1124 Coolidge Ave, which is private property. There does not appear to be any liability exposure on the part of the City but I would defer to the Public Works Department if there are any electrical or other power lines in the immediate vicinity which could be considered hazardous. I have no objection to the application. FIRE (619) 336-4550 1) Membrane inflated structures and their appurtenances shall be adequately roped, braced and anchored to withstand the elements of weather and prevent collapsing. Temporary air supported and air inflated membrane structures shall be in accordance with the Sections of the California Fire Code section 2403.10.1 through 2403.10.4 2007 edition. 2) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" Only. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 15, 2009 AGENDA ITEM NO. 19 i ITEM TITLE TEMPORARY USE PERMIT — Cornerstone Church Banners that are advertising services and special events at 1920 Sweetwater Road from December 16, 2009 to December 19, 2010, with no waiver of fees. PREPARED BY Vianey Rolon, 336-4364 DEPARTMENT Neighborhood Services Division EXPLANATION This is a request from Cornerstone Church to have four banners (three measuring 12'x17' and one measuring 13'x15') on the side of the building located at 1920 Sweetwater Road. These are printed banners mounted on frames attached to the building. The banners advertise church services and church special events. The applicant has not requested a waiver of fees. l Environmental Review X N/A Financial Statement The City has incurred $237.00 for processing the TUP through various City departments Total fees are $237.00 Approved By: Finance Director Account No. STAFF RECOMMENDATION Based on some safety issues and current concerns raised by City Building Official, staff recommends DENIAL of Application for a Temporary Use Permit. Staff recommends that the applicant contact the Building Official to make arrangements for signage permit processing. These banners have already been in place and can't be displayed in lieu of a permanent sign NCMC 18.62.100 (C) 2. Please read staff denial notes and concerns as it relates to existing banners requested for TUP. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended conditions of denial. A-200 (9/99) Actual Event Hours: Type of Event: Public Concert _ Fair Festival _ Community Event _ Parade _ Demonstration _ Circus _ Block Party Motion Picture Grand Opening V Other CG,�,,.,i,t Event Title: C Y161-01- Q ('�c•.ic,sK Event Location: I c'ZO SLj!L.4 flaij 44,eA i2 k Event Date(s): From //'/ 5-Otto //-/g -10 Total Anticipated Attendance: fr//_w Month/Day/Year ( Participants) ( Spectators) am/pm to am/pm Setup/assembly/construction Date: Start time: Please describe the scope of your setup/assembly work (specific details): Dismantle Date: Completion Time: am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: Co r n e t t to•9e 1. {t,irc1 07,5;,N DI'e5 i For Profit Not -for -Profit Chief Officer of Organization (Name) 5-er3 is bte Applicant (Name): CacI I -C ELL / G 'h Address: / ! / y cSW Ce.iLc1 C�er- ietry Daytime Phone: (G /?) 3 y z-Z 9 I L Evening Phone: ( ) Fax: (_) Contact Person "on site' day of the event: Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a 'Tax Exempt, nonprofit" organization? _ YES _ NO Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): YES NO Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. _ YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 4 Banners on side of building (3) 12' X 17' ea. (1)13'X15' These are printed banners mounted on frames attached to building. They are primarily used for advertizing church services and church special events. YES /NO Does the event involve the sale or use of alcoholic beverages? YES /NO Will items or services be sold at the event? if yes, please describe: YES J NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. • Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs > Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers ➢ Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 Please describe your procedures for both Crowd Control and Internal Security: YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: _ YES _ NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: Number of Bands: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES _ NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 5 Event: For Office Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization CU(/ c,.¢1.-.5 - Q C E}vvc4 OF- 54.L, Person in Charge of Activity Fdc1 iP£ -- Pk. (�� . Address l 5 E' y S 1tj2 w 43 e Y�pbJ - C 9 0 S cz Telephone bit) W(2 t = 3333 Date(s) of Use / r 11 y / o S .Iv (j -1 S - HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title 1�-II-01 Date For Office Use Only Certificate of Insurance Approved Date 7 to Non-profit organizations, which meet the criteria on pag of the instructions, will be considered for a waiver. If you would like to reque a waiver of the processing fees, please complete the questionnaire • -low. 1. Is the event for which the TUP is sough sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form a • submit it with the TUP Application) 2. Please state the name and ty e of organization sponsoring the event for which the TUP is sough and then proceed to Question 3. Name of the sponsoring • ganization Type of Organization (Service Club, Church, Social S ice Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Pleas sign the form and submit it with the TUP Applation) 4. Will the proc eds provide a direct financial benefit to an individual who reside in or is employed in the city, and who is in dire financial need due t • health reasons or a death in the family? Yes • lease provide an explanation and details. (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? _ Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date 9 Lateral building banners. r II II II II II II II II II II II II II II II II ►1 II II II it II II 11 li 11 11 IIISafe Zone from text and images: 12 x 17 fts. (144 x 204 inches approx.) ■ Frame Size: 13 x 18 fts. (156 x 216 inches approx.) . Full Bleed: 13.4 x 18.4 fts. (161 x 221 inches approx.) Important Note: The Back Building banner have 3 ft less in Hight. The Frame is 13 x 15 ft. Here I'm if you have questions. Mike LOBO luoW ei oU eugloo9 v 1:46*$ 9wlaea osa,a w„S icy 143xnn auoisn o:) CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS/ DENIALS AND CONDITIONS SPONSORING ORGANIZATION: Cornerstone Church EVENT: Cornerstone Church Banners DATE OF EVENT: December 16, 2009 to December 19, 2010 TIME OF EVENT: N/A APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] BUILDING YES [ ] NO [ x ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF DENIAL: BUILDING (619) 336-4212 Below are my recommendations and requirements regarding the banners at the Cornerstone Church: ❖ Banners and metal frames were installed without proper plans, permits or inspections. They are now subject to administrative fees. ❖ Owner must provide plans showing materials used, installation application, seismic and wind load calculations. If the metal frames supporting the banners fail which could occur due to high wind or seismic movement they could cause severe injuries or possibly be fatal to pedestrians below. ❖ After passing plan check a permit must be obtained. + Inspection will follow as called out by the owner and/or contractor. It is my opinion that this TUP not be approved since none of the work or materials have been approved and inspected. It is recommended that the frames and banners be removed immediately. The owner has been aware of this non -permitted work for about a year now. In the past the owner has been asked to remove other non -permitted construction (tall wooden cross) which was deemed unsafe by the Building Division. I believe there is also other construction (metal poles with fabric sails/awnings) on the site at the south end of the parking lot that was installed without any plans, permits or inspections. You may want to refer to the Fire Department regarding the type of materials used for the sails/awnings. Please let me know if I can be of further assistance, thank you. FIRE (619)336-4550 Stipulations required by the Fire Department for this event are as follows: 1) The Fire Department has no requirements or stipulations for this item. 2) No inspection or permits required. If you have any questions please feel free to contact me. RISK MANAGER (619) 336-4370 Risk Management does not object to the TUP provided other City code requirements are met. COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California EETING DATE: Dec 15, 2009 AGENDA ITEM NO. 20 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $134,790.66 to the City of National City for the period of 11/11/09 through 11/17/09 PREPARED BY: Jeanette Ladrid • DEPARTMENT Finance Finance Directo � (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 N/A Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $134,790.66 / STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A 1 1 rACHMENTS (Listed Below Warrants for the period the period of 11/11/09 through 11/17/09 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #20 11/17/2009 DEVELOPMENT COMMISSION PAYEE DESCRIPTION CHK NO DATE AMOUNT ALLIANT INSURANCE SVCS INC REIMB-SPECIAL EVENT INS 230160 11/17/09 189.37 EQUIFAX INFORMATION SVCS BACKGROUND & CREDIT CHECKS 230161 11/17/09 50.00 ICF JONES & STOKES WESTSIDE SPECIFIC PLAN EIR 230162 11/17/09 24,048.31 MCPHERSON ART CENTER - GRAPHIC DESIGN SVC 230163 11/17/09 4,849.80 MIG LAS PALMAS PARK/FACILITIES VISION 230164 11/17/09 3,390.00 PACIFIC BUSINESS CAPITAL CORP EQUIPMENT RENTAL (POWER POLES) 230165 11/17/09 195.00 STAPLES ADVANTAGE MOP 45704 OFFICE SUPPLIES 230166 11/17/09 599.14 VALLEY MOLDING & FRAME ART CENTER DISPLAY CASES 230167 11/17/09 3,451.74 DAVID REED LANDSCAPE ARCHITECT DESIGN SERVICES 230188 11/17/09 4,439.17 HdL COREN & CONE AUDIT SVCS PROPERTY TAX 230208 11/17/09 1,531.91 L.B. CIVIL CONSTRUCTION OCTOBER 2009 SERVICES 230215 11/17/09 4,750.00 PAYROLL Pay period Start Date End Date Check Date 22 10/6/2009 10/19/2009 10/28/2009 A!P Total $ 47,494.44 87,296.22 GRAND TOTAL $ 134,790.66 COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 20 11/17/2009 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 21,182.77 1,105.48 109,990.28 2,512.13 134,790.66 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California - MEETING DATE: Dec 15, 2009 AGENDA ITEM NO. 21 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $144,113.05 to the City of National City for the period of 11/18/09 through 11/24/09 PREPARED BY: Jeanette Ladrido, Finance Director EXPLANATION: D • ARTMENT 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 NIA Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $144,113.05 STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A rACHMENTS (Listed Below) Warrants for the period the period of 11/18/09 through 11/24/09 PAYEE AMERICAN LUNG ASSOC OF CA CITY OF CHULA VISTA E2 MANAGE TECH, INC GE CAPITAL GEOSYNTEC CONSULTANTS J & M KEYSTONE INC N C CHAMBER OF COMMERCE PACIFIC BUSINESS CAPITAL CORP SDG&E STAPLES ADVANTAGE SWEETWATER AUTHORITY U S BANK CORPORATE PAYMT SYS URBAN FUTURES WADE & ASSOCIATES WHILLOCK CONTRACTING, INC. SECTION 8 SECTION 8 HAPS PAYMENTS COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #21 11/24/2009 DESCRIPTION HUD HH DEMONSTRATION PROJECT PREPARE PLANS/SPECIFICATIONS BROWNFIELD GRANT PROGRAM INSTALLMENT FOR COPIER RENTAL ENVIRONMENTAL CONSULTING EXPERT & CONSULTING SVCS MATCHING GRANT -DEBT RET CAMPAIGN EQUIPMENT RENTAL (POWER POLES) 921 A AVE 10/16 - 11/17/09 MOP 45704 OFFICE SUPPLIES- HOUSING WATER UTILITES FOR CDC CREDIT CARD EXPENSES IMPLEMENTATION PREFORMANCE REVIEW PROFESSIONAL SVCS - MARINA GATEWAY RETENTION Start Date 11 /18/2009 End Date 11/24/2009 CHK NO DATE AMOUNT 230304 11/24/09 10,898.31 230305 11/24/09 3,245.00 230306 11/24/09 11,410.71 230307 11/24/09 210.43 230308 11/24/09 8,505.09 230309 11/24/09 4,995.61 230310 11/24/09 70,000.00 230311 11/24/09 1,050.00 230312 11/24/09 169.26 230313 11/24/09 402.17 230314 11/24/09 636.20 230315 11/24/09 50.00 230316 11/24/09 6,045.00 230317 11/24/09 2,508.75 230318 11/24/09 13,127.36 GRAND TOTAL A/P Total $ 133,253.89 10,859.16 $ 144,113.05 COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 21 11/24/2009 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 10,859.16 402.17 132, 851.72 144,113.05 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT IEETING DATE December 15, 2009 AGENDA ITEM NO, 22 ITEM TITLE Resolution of the Community Development Commission of the City of National City ratifying and authorizing the Executive Director to execute a loan agreement for a loan in the amount of $32,694 with the Center for Creative Land Recycling to obtain funding to conduct a site assessment and characterization of hazardous materials on the property located at 2300 Cleveland Avenue PREPARED BY DEPARTMENT Colby Young Redevelopment Project Manager (x4297) EXPLANATION SEE BACKGROUND REPORT Environmental Review NI N/A Financial Statement The $32,694 loan amount may be forgiven by the lender if no project is developed within three years. Loan funds will pass through CDC staff for review and approval prior to payment of consultant. Account No. Approved By. Finance Director STAFF RECOMMENDATION Ratify Loan Agreement BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Loan Agreement A-200 (9/99) BACKGROUND REPORT The Community Development Commission of the City of National City (CDC) purchased the property at 835 W. 24th Street fproperty bound by Bay Marina Drive (formerly 24th Street), Cleveland Avenue, 23r Street, and Harrison Avenue] partially in August 1994 and completely in January 1999 for redevelopment purposes. On 11/18/2008 CDC hired Whillock Contracting, Inc. to demolish two existing vacant buildings at 835 W. 24th Street in an effort to eliminate blight in the Marina Gateway area. During the demolition process Whillock Contracting, Inc. observed what appeared to be burn ash under the foundation of one building. CDC immediately halted demolition of the buildings and requested a site inspection by the on -call environmental engineer, RORE, Inc. The result of analytical data from three soil samples collected during the site inspection confirmed the presence of burn ash and indicated elevated levels of metals compared to the total threshold limit concentrations (barium, chromium, lead, and zinc), that would classify the material as RCRA hazardous waste. The total amount of hazardous waste on the site can not be determined without an environmental site assessment. Therefore, CDC requested a proposal from RORE, Inc. to conduct an environmental site assessment. In April of 2009 RORE, Inc. submitted a proposal for the environmental site assessment of 835 W. 24th Street in the amount of $37,598. CDC staff was aware of an agency that provided assistance for the remediation of contaminated properties so staff contacted the Center for Creative Land Recycling (CCLR). CCLR recommended the CDC apply for the California Recycle Underutilized Sites Brownfield Site Assessment Program. CDC successfully applied for the California Recycle Underutilized Sites Brownfield Site Assessment Program and was awarded a forgivable loan in the amount of $32,694. If CDC does not develop the site within three years the loan may be forgiven. Upon written request from the CDC, the loan may be forgiven by CCLR, acting reasonably and in good faith, fails to complete a project or proceed with development of the site. If the site is developed within three years, staff recommends passing the costs through to the developer. Due to CCLR budget cycle constraints, CDC had to submit a signed loan agreement by 10/23/2009. Section 6.9 of the Loan Agreement requires CDC to "Defend, indemnify and hold harmless" the California Pollution Control Financing Authority, the Center for Creative Land Recycling and the State of California. Staff recommends ratification of the Loan Agreement between Community Development Commission of the City of National City and Center for Creative Land Recycling. RESOLUTION NO. 2009 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY RATIFYING AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A LOAN AGREEMENT FOR A LOAN IN THE AMOUNT OF $32,694 WITH THE CENTER FOR CREATIVE LAND RECYCLING TO OBTAIN FUNDING TO CONDUCT A SITE ASSESSMENT AND CHARACTERIZATION OF HAZARDOUS MATERIALS ON THE PROPERTY LOCATED AT 2300 CLEVELAND AVENUE WHEREAS, the Community Development Commission of the City of National City ("CDC") acquired the property bounded by Bay Marina Drive, Cleveland Avenue, 23rd Street, and Harrison Avenue (the "Property") for redevelopment purposes; and WHEREAS, during the process of demolition of buildings on the Property, the presence of hazardous materials was discovered, necessitating an environmental site assessment; and WHEREAS, the Center for Creative land Recycling ("CCLR") made available to the CDC a loan in the amount of $32,694 under its California Recycle Underutilized Site Brownfield Site Assessment Program, to fund a site assessment and characterization of hazardous materials on the Property; and WHEREAS, said loan is potentially forgivable, in the discretion of the CCLR; and WHEREAS, due to CCLR budget cycle constraints, the CDC was required to submit a signed loan agreement to CCLR by October 23, 2009; and WHEREAS, it is now appropriate for the Commission Board to ratify and approve the loan agreement. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City does hereby approve and authorize the Executive Director to execute a loan agreement for a forgivable loan in the amount of $32,694 with the Center for Creative Land Recycling to obtain funding to conduct a site assessment and characterization of hazardous materials on the property located at 2300 Cleveland Avenue. PASSED and ADOPTED this 15th day of December, 2009. Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Brad Raulston, Secretary George H. Eiser, III City Attorney ATTACHMENT 1 PAGE 1 OF 17 LOAN AGREEMENT CALIFORNIA RECYCLE UNDERUTILIZED SITES (CALReUSE) ASSESSMENT PROGRAM COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950 THIS AGREEMENT (the "Agreement") IS MADE THIS 30a' day of September, 2009, between the Community Development Commission of the City of National City (the "Borrower") and the California Pollution Control Financing Authority ("CPCFA" or "Lender")acting by and through its agent, Center for Creative Land Recycling, a California Non - Profit Corporation, (the "Strategic Partner") RECITALS A. Borrower proposes to conduct site assessment and characterization of Hazardous Material on the property located at 2300 Cleveland Avenue, National City, CA (the ``Brownfield Project"). B. The purpose of this Agreement is to set forth the conditions upon which CPCFA will loan $32,694 to Borrower to undertake the Brownfield Project. C. Borrower has applied to Lender for a CALReUSE Assessment Program Loan and Borrower's Application has been determined by the Strategic Partner to meet eligibility requirements. D. Borrower wishes to borrow from Lender the principal sum of THIRTY TWO THOUSAND, SIX HUNDERED AND NINETY FOUR DOLLARS ($32,694) and Lender is - willing to lend such sum to Borrower from the CALReUSE Assessment Program Fund (the "Program Fund") for the Brownfield Project as defined below on the terms and conditions herein contained. NOW, THEREFORE, Lender and Borrower agree as follows: ARTICLE I — DEFINITIONS Section 1.1- BORROWER means the Community Development Commission of the City of National City, a public body, corporate and politic. Section 1.2 - BROWNFIELD means that certain real property commonly known as 2300 Cleveland Avenue, National City, CA, as more specifically described by the legal description attached hereto as Exhibit A (incorporated herein by reference). Section 1.3 — ELIGIBLE COSTS shall mean those costs set forth in Exhibit A attached hereto (incorporated herein by reference). Section 1.4 — HAZARDOUS MATERIAL has the same meaning as "Hazardous Material" in Section 8090 of the CPCFA Regulations. Section 1.5 — INDEPENDENT. CONSULTANT means RORE, INC.. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Loan Agreement Page 2 of 17 Section 1.6 - LOAN means the loan between the Borrower and the Lender evidenced by the Loan Documents. Section 1.7 — LOAN DOCUMENTS means this Agreement, the Promissory Note, the Borrower's Application including any and all exhibits to the Loan Documents. Section 1.8 - REGULATIONS means the CPCFA California Recycle Underutilized Sites (CALReUSE) Assessment Program Regulations, Title 4, Division 11, Article 9 (commencing with Section 8090) of the California Code of Regulations, as the Regulations may be amended from time to time. Section 1.9 - TRUSTEE means The Bank of New York Mellon Trust Company, N.A.or any successor thereof. Section 1.10 — Any capitalized terms used but not defined in this Agreement will have the meaning set forth in the Regulations. ARTICLE II — LOAN Section 2.1— PROMISSORY NOTE. The Loan shall be evidenced by a promissory note (the "Note") of even date with this Agreement in the original principal amount of $32,694. The Loan shall be payable in accordance with the terms of the Note. ARTICLE III - REPRESENTATIONS AND WARRANTIES Borrower makes the following representations and warranties to Lender: Section3.1 — LEGAL STATUS. Borrower is a public body, corporate and politic and is qualified to do business in California and in all local jurisdictions therein which it conducts its business. Section 3.2 — AUTHORIZATION. This Agreement has been duly authorized, executed and delivered by Borrower, and is a valid and binding agreement of Borrower, and the Note to be executed by Borrower upon its execution and delivery, in accordance with the provisions of this Agreement, will be a valid binding obligation of Borrower enforceable in accordance with its terms. Section 3.3 — BROWNFIELD The Brownfield as set forth in Exhibit A attached hereto meets the criteria defined in Section 8090(e) of the Regulations. Section 3.4 — BROWNFIELD PROJECT. The Brownfield Project as set forth in Exhibit A attached hereto meets the criteria defined in Section 8090(f) of the Regulations. Section 3.5 - ELIGIBLE COSTS. The costs set forth in Exhibit A attached hereto meet the criteria defined in Section 8090(k) of the Regulations. Section 3.6 - INDEPENDENT CONSULTANT. The Independent Consultant meets the criteria defined in Sections 8090(h) and 8090(s) of the Regulations as documented in Exhibit D hereof. Section 3.7 — ECONOMICALLY DISTRESSED COMMUNITY. The Brownfield is located in the National City Redevelopment Project area, and therefore meets the criteria of an Economically Distressed Community as defined in Section 8090 (j) of the Regulations. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Loan Agreement Page 3 of 17 Section 3.8 — LOAN DOCUMENTS. Borrower represents and warrants: (a) that Borrower has access to professional advice to the extent necessary to enable Borrower to fully comply with the terms of the Loan Documents and (b) that Borrower has the full power and authority to execute the Loan Documents. ARTICLE IV - CONDITIONS PRECEDENT The obligation of Strategic Partner to make any disbursements under the Loan on behalf of Lender is subject to all of the following conditions: Section 4.1 - NO EVENT OF DEFAULT. There shall not exist an Event of Default under this Agreement or the Note, and there shall exist no event, omission or failure of condition, which, after notice or lapse of time, would constitute an Event of Default under this Agreement or the Note. Section 4.2 - DOCUMENTATION. Borrower shall have delivered to Strategic Partner in form and substance satisfactory to Strategic Partner this Loan Agreement and the Note. Section 4.3 —MATCH. Strategic Partner shall have delivered to Trustee evidence that Match has been met for the Loan as more fully described in Exhibit A of this Agreement and Strategic Partner shall deliver evidence that all cash Match funds have been deposited with the Trustee. Section 4.4 —FUNDING CONDITIONS. Borrower has met all funding conditions in accordance with Sections 8096(a) and 8096(b) of the Regulations. Section 4.5 — TERMS OF COMMITMENT. In the event Borrower has not fulfilled all conditions precedent set forth in this Article IV within 30 days of Borrower's execution of this Agreement, Lender's obligation under this Agreement shall automatically terminate: ARTICLE V — LOAN DISBURSEMENT PROCEDURES Section 5.1— TERMS OF DISBURSEMENT. Disbursements of the Loan shall commence upon closing of the. Loan. Disbursements of the Loan shall be only for the Eligible Costs set forth in Exhibit A, in an aggregate amount of not more than the amounts set forth in Exhibit A for each Eligible Cost, unless as provided herein. Borrower shall obtain written authorization from the Strategic Partner to make changes in the eligible uses of funds that exceed ten percent (10%) or $5,000, whichever is greater, the amount of any budget line item of Exhibit A. Section 5.2 - DISBURSEMENT PROCESS AND ADDITIONAL ADVANCES. Only one draw per month will be allowed against the Loan. Borrower shall make requests for disbursement. of Loan proceeds to Strategic Partner at least twenty (20) business days before the date such funds are needed by Borrower. In order to receive disbursements, requests for disbursement must be supported by documentation sufficient in Strategic Partner's determination to support payment. Strategic Partner shall use its best efforts to respond to a request for disbursement within twenty (20) business days, after the receipt of the request. The request for disbursement must contain at least the information in substance and form of Exhibit B attached hereto. Borrower shall pay an amount equal to one hundred dollars ($100.00) for the Trustee's servicing fee from the initial disbursement of the Loan and an amount equal to fifty dollars ($50.00) for each draw against the Loan. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Loan Agreement Page 4 of 17 Upon receipt of the signed request for disbursement, the Strategic Partner, in its sole discretion, shall authorizethe disbursement of Loan funds to Borrower in the following order: (a) First, from the cash portion of the Match until depleted, and (b) Second, from the funds of the CPCFA committed by the CPCFA for the Loan. Strategic Partner shall notify the Borrower in writing within five (5) business days of any deficiencies or discrepancies in the request for disbursement. Borrower shall not receive a disbursement until Borrower corrects any such deficiencies or discrepancies. Borrower's expenditure of Loan funds for uses not described in Exhibit A or the request for disbursement, or which deviate, without Strategic Partner authorization, by more than the greater of ten percent (10%) or $5,000 in any category from the approved uses of Loan proceeds listed in Exhibit A, shall result in the suspension of subsequent Loan disbursements and may be deemed by Lender to constitute an Event of Default hereunder. The amount of all ineligible Loan expenditures shall be immediately repaid to Lender. Section 5.3 — AMOUNT OF DISBURSEMENT. Loan proceeds shall be disbursed up to the amount authorized under this Loan Agreement and only for Eligible Costs specified in Exhibit A. Any unused Loan funds shall revert to CPCFA. Section 5.4 — DISBURSEMENT PERIOD. The initial disbursement of Loan proceeds shall be made no later than six (6) months from date of this Agreement, and all Loan disbursements shall be disbursed no later than twelve (12) months from the date of the first disbursement of the Loan unless Strategic Partner extends this time in writing, which writing shall become incorporated into this Agreement. ARTICLE VI — AI+'N'IRMATIVE COVENANTS Borrower covenants that so long as Borrower is indebted to Lender under this Agreement, and until the payment in full of the Loan, Borrower shall: Section 6.1— FINAL REPORT. If the Loan is used to fmance those Eligible Costs defined in Section 8090(k)(1) and/or Section 8090(k)(3) of the Regulations, Borrower will cause the Independent Consultant to prepare a Final Report. Borrower will provide or cause to be provided to the Strategic Partner a copy of the Final Report within thirty (30) days of completion of the Final Report. Section 6.2 — FINAL REPORT CERlICATION. If the Loan is used to fmance those Eligible Costs defined in Section 8090(k)(1) and/or Section 8090(k)(3) of the Regulations, Borrower will deliver to the Strategic Partner within ninety (90) days after Borrower's receipt of the Final Report a written certification under penalty of perjury in substance and form of Exhibit C attached hereto. Section 6.3 — COMPLY WITH THE REGULATIONS. Comply with and be bound by the Lender's Brownfield statutes, Health and Safety Code sections 44500, et. seq., and Regulations pursuant to Section 8095(i) of the Regulations. Continued compliance with program requirements is Borrower's responsibility. Section 6.4 - ACCOUNTING RECORDS. Maintain adequate books and accounts in accordance with generally accepted accounting principles, consistently applied. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Page 5 of 17 Loan Agreement Section 6.5 —EXISTENCE. Preserve and maintain its existence and all of its rights, privileges and franchises; conduct its business in an orderly, efficient, and regular manner, and comply with the requirements of all applicable laws, rules, regulations, and orders of a governmental authority. Section 6.6 - TAXES AND LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments, taxes (real and personal), including Federal and state income taxes, provided that provision is made to the satisfaction of Lender for eventual payment thereof in the event that it is found that the same is an obligation of Borrower. Section 6.7 —LITIGATION. Promptly give notice in writing to Strategic Partner of any administrative action or litigation pending or threatened against Borrower, the Brownfield or the Brownfield Project in which the amount claimed is in excess of five thousand dollars ($5,000). Section 6.8 - NOTICE TO STRATEGIC PARTNER Promptly give notice in writing to Strategic Partner of: (1) any change in name of Borrower, and in the case of a corporation, partnership or joint venture, any change in name, identity or corporate status; or (2) any uninsured or partially uninsured loss through fire, theft, liability, or otherwise in excess of an aggregate of twa thousand five hundred dollars ($2,500). Section. 6.9 — RELEASE. Hereby waive all claims and recourse against Strategic Partner including the right to contribution for loss or damage to persons or property arising from, growing out of, or in any way connected with or incident to this Agreement, Borrower's use of the Loan proceed', Borrower's Business operations, the Brownfield, or the Brownfield Project. Section 6.10— INDEMNIFICATION. Defend, indemnify and hold harmless the Lender, the Strategic Partner and the State, and all officers, trustees, agents and employees of the same, from and against any and all claims, losses, costs, damages, or liabilities of any kind or nature, whether direct or indirect, arising from or relating to the Loan, the Brownfield, the Brownfield Project or the CALReUSE Assessment Program, including but not limited to, any and all claims, losses, costs, damages, or liabilities arising from or related to the presence, release, threatened release, investigation or remediation of Hazardous Material of the Brownfield or the Brownfield Project. Borrower shall defend, indemnify, and hold Strategic Partner, Lender, the State, successors, assigns, its members, officials, directors, employees or agents of the same, harmless against any claims, demands,administrative actions, loss, litigation, liabilities, losses, remediation costs, damages, response costs, and penalties, including costs of legal proceedings and reasonable attorneys' fees, that any of the indemnified parties may incur as a result of any inaccuracy or breach of any representation, warranty, agreement, or covenant contained in this Agreement with respect to Hazardous Material, or as a consequence of any use, generation, manufacture, storage, release, or disposal (whether or not the Borrower knew of same) of any Hazardous Material occurring as a result of the Borrower's use or occupancy of the Brownfield or performance of the Brownfield Project. The provisions of this section shall survive termination of this Agreement. Section 6.11 — COMPLIANCE WITH HAZARDOUS MATERIAL LAWS. Borrower will comply (a) with all Hazardous Waste Reporting Laws applicable to the Brownfield, the Brownfield Project, or resulting from the contents of the Final Report and (b) with all applicable laws, including but not limited to statutes, rules, regulations, administrative orders and agreements, and judicial orders or consent decrees that apply to the Brownfield or the Brownfield Project, related to or arising from assessment, characterization and remediation of a COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Loan Agreement Page 6 of 17 Brownfield, including but not limited to those requiring the preparation of a description of Hazardous Material on the Brownfield and those requiring oversight and supervision to assure the adequacy of any Feasibility Study, Remedial Investigation or Remedial Action Plan by the Oversight Agency. Section 6.12 - RECOVERED DAMAGES. If the Borrower recovers damages from a person who is liable for the release, threatened release, presence or existence of a Hazardous Material at the Brownfield or as a result of the Brownfield Project, any money so recovered shall be used first to repay the Loan, except that the Borrower shall be permitted to retain fees and costs incurred in recovering the damages. Section 6.13 - REFUNDABLE DEPOSITS. If the Loan is used to finance those Eligible Costs defined in Section 8090(k)(4), any money refunded to the Borrower shall be used first to repay the Loan. Section 6.14 - NON-DISCRIMINATION CLAUSE. During the term of this Agreement, Borrower and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily -required employment -related leave. Borrower and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Borrower and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Borrower and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. ARTICLE VII - NEGATIVE COVENANTS Borrower further covenants that so long as Borrower is indebted to Lender under this Agreement or the Note, and until payment in full of the Note issued hereunder, Borrower will not without prior consent of Strategic Partner: Section 7.1 - USE OF FUNDS. Use any Loan proceeds for purposes other than as described in Exhibit A, the request for disbursement (without prior written consent of Strategic Partner), or for the Brownfield Project. Section 7.2 - MERGER; CONSOLIDATION, SALE OF ASSETS. Merge, consolidate or otherwise alter Borrower's form of business, or acquire all or substantially allof the assets of any other corporation or entity; or sell, lease, assign, transfer, or otherwise dispose of more than 20% of control of Borrower's business assets to another person without prior written approval of Strategic Partner. COMMUNITY DEVtiLOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Page 7 of 17 Loan Agreement Section 8.1- EVENTS OF DEFAULT. Each of the following shall constitute an Event of Default under this Agreement: Borrower's failure to make any payment when due under this Agreement or the (a) Note; made by Borrower, or anyone acting on its ro) If any material representation or warranty maul respect behalf, hereunder shall prove to be incorrect in anyeenuent or other Borrower's failure to perform any other term or condition of this Agr (c) Documents; Loan Docurn Reporting Law l with any Hazardous Waste Rep ing Hazardous Waste (d) Boplowel's failure rto comply applicable to the Brownfield or Brownf�l�dmProject, fo�ation set forth in a Final Report, Reporting Laws that apply based up Section 6.2 herein within the time or failure to deliver the certification required by period required; material obligations of (e) Any substantial or continuous breach by Borrower of any imposed by any agreements other than the Loan Documents with Borrower imp respect to the Brownfield or the Brownfield Project; partner; Borrower defaults on any other loan with Lender or the Strategic a and discharge any judgment or levy of The failure of Borrower to promptly pay attachment, execution or other process against the assets of Borrower, and such judgment is not satisfied, or such levy or other process be not removed within twenty (20) days after the entry or levy thereof; e Any bankruptcy action is filed against Borrower or Borrowe sha of ad adjudicated as bankrupt or insolvent, or shall consent to or apply for the appointment liquidator of itself or any of its property, or shall admit in writing its trustee or liq general inability to pay its debts generally as they become due, or shall make a ent for the benefit of creditors, or shall file a voluntary petition in or an assignor tion or arrangement in a proceeding under any bankrptcy answer seeking reorganzza law; (t) (g) (h) (i) ARTICLE VIII—DEFAULT AND REMEDIES complete the Brownfield Project; ownership Borrower reorganizes, merges, consolidates, or otherwise changes nsent. without Strategic � Section 8.2 - NOTICE OF BORROWERS DEFAULT AND OPPORTUNITY TO Event of Default by give written notice to B °Wee er of the Event of Default, by the CURE. Strategic Partner of ll (c)except,( for an specifying: (a) the cure theof the teof ofr udl , ifency giving to cure is 30 calendar action ofDefault required cure Event of De a audlate w c hall no be l e s t anethirty (u f)an a ion ro days ofthm lingo Section 8c , h which such action to cure must be Eventtaken, of Defa ac, so long cure from the mailing ef the notice, by cure is possible, provided, however, except with respect to a monetary Borrower becomes the subject of an administrative, civil or criminal action that materially affect Borrower's ability pay the Note or adequately Lender believes may P .ems. or (i) p 's prior written co COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Loan Agreement Page 8 of 17 as Borrower has commenced to cure within such time, then Borrower shall have a reasonable period thereafter within which to fully cure the Event of Default. Section 8.3 - LENDER'S REMEDIES. Upon the happening of an Event of Default, Lender's obligation to disburse Loan proceeds shall cease. Upon notice to Borrower of an Event of Default as provided for above, and, if an action to cure is specified in the notice, and Borrower's failure to cure the deficiency within a reasonable time period, as specified in the notice Lender may, in addition to other rights and remedies permitted by the Loan Agreement or applicable law, proceed with any or all of the following remedies in any order or combination Lender may choose in its sole discretion: (a) Lender may declare the entire outstanding principal amount of the Loan and all accrued interest thereon, as well as any other funds advanced to Borrower by Lender under the Loan Agreement, immediately due and payable; Bring an action in equitable relief (1) seeking the specific performance by Borrower of the terms and conditions of the Loan Agreement, and/or (2) enjoining, abating, or preventing any violation of said terms and conditions, and/or (3) seeking declaratory relief; (c) Pursue any other remedy allowed at law or in equity. Notwithstanding the above, in the event there is an Event of Default under Section 8.1(d), following the required notice and cure period, Lender shall exercise its remedy under 8.3(a). Lender shall impose an interest rate penalty at a rate equal to ten percent (10%) per annum upon an Event of Default and Borrower's failure to cure within the timeframe specified in the notice described in Section 8.2. Strategic Partner's or Lender's failure to declare an Event of Default, or pursue any of the abovementioned remedies in the Event of Default, does not waive Lender's right to declare an Event of Default or pursue any remedies herein provided. No remedy herein conferred upon or reserved to the Lender is intended to be exclusive of any other available remedy or remedies, but each and every such remedy, to the extent permitted by law, shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or otherwise. In order to entitle the Lender to exercise any remedy, to the extent permitted by law, reserved to it contained in this Agreement, it shall not be necessary to give any notice, other than such notice as may be herein expressly required. (b) ARTICLE DC - MISCELLANEOUS Section 9.1—.CONSENT TO STRATEGIC PARTNER. Borrower acknowledges that during the term of this Agreement, unless otherwise notified by the Lender in writing, the Strategic Partner shall be acting as the Lender's agent and the Strategic Partner shall perform the acts required of the Lender in this Agreement. Section 9.2 — CONFLICTS OF INTEREST. Borrower shall exercise due diligence to ensure that any member, officer, or employee of the Independent Consultant, Strategic Partner or Lender, or a member of such person's immediate family, who exercises any decision making responsibilities or power with respect to the Loan, has not or will not obtain a material financial COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Loan Agreement Page 9 of 17 interest or benefit from the Loan, or any contract, subcontract or agreement with respect thereto or the proceeds thereunder. Borrower warrants, represents and agrees to exercise due diligence to assure that no member, officer, director, or employee of Borrower, or any. immediate family member of such person, who exercises any decision making responsibility or power with respect to the Loan has or will obtain a material financial interest or benefit from this Loan, or any contract, subcontract or agreement with respect thereto or the proceeds thereunder. Borrower shall incorporate, or cause to be incorporated, in all contracts and subcontracts for work to be performed under this Agreement a provision prohibiting any conflict of interest described above in this section. Borrower's obligations under this section shall be deemed satisfied, if such persons and entities with which it contracts execute a certification as to such matters. Notwithstanding the above, Borrower shall provide a written certification concerning the Independent Consultant in substance and form of Exhibit D attached hereto. Section 9.3 - TERM OF THIS AGREEMENT. This Agreement shall commence on the date set forth above and remain in full force and effect until the Loan has been repaid, unless sooner terminated by Lender. Notwithstanding the foregoing, Borrower's covenants under Sections 6.1, 6.2 (if applicable), 6.10, and 6.11 shall survive after repayment of the Loan and until such covenants are fully performed. Section 9.4 - GOVERNING LAW. The Loan Documents shall be interpreted under and be governed by the laws of the State of California. The parties agree that venue is proper in the Superior Court of Sacramento County. Section 9.5 - NO WAIVER. Any waiver by Lender of any obligation in this Note must be in writing. No waiver shall be implied from any failure of Borrower to take, or any delay or failure by Lender or Strategic Partner to take action on any breach or default or Event of Default by Borrower or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Borrower to perform any obligation under this Note shall not operate as a waiver or release from any of its obligations under the Note. Borrower hereby waives all defenses and pleas on the grounds of any extensions of the time for repayment of any amounts due under this Note, unless Lender has granted such extensions in writing. Consent by Lender to any act or omission by Borrower shall not be construed to be a consent to any other act or omission or to waive the requirement for Lender's written consent to future waivers. Section 9.6 - NOTICES. All notices, request and demands given to or made upon the respective parties shall be deemed to have been given or made when deposited in the mail, postage prepaid, and addressed as follows: Borrower: Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 Attn: Colby Young Lender: Center for Creative Land Recycling 200 Pine Street, Suite 400 San Francisco, CA 94104 Attn: Stephanie Shakofsky COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Loan Agreement Page 10 of 17 Section 9.7 - ATTORNEY'S FEES. In the event of any Event of Default, or any legal action is commenced to interpret or to enforce the terms of this Agreement, the prevailing party in any such action shall be entitled to recover all reasonable attorneys' fees and costs incurred in such action. In addition, Borrower agrees to pay Lender all reasonable costs incurred in collection of amounts due under this Note which are not paid within ten (10) days of the due date as specified herein, whether or not a legal action has been filed. Section 9.8 - LENDER'S, OR STRATEGIC PARTNER' S RIGHT TO INSPECT RECORDS. Borrower is required to maintain adequate books, accounts, and records and to prepare all financial statements required under this Agreement in accordance with generally accepted accounting principles and practices consistently applied, and in compliance with the regulations of any governmental regulating body having jurisdiction over it, and permit employees or agents of Lender or the Strategic Partner, at any reasonable time, to inspect Borrower's properties, and/or to examine Borrower's books, accounts, records and make copies and memoranda of them. These records shall include employment information records as well as business and financial records. Section 9.9 - BINDING UPON SUCCESSORS. All provisions of this Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors -in - interest, transferee, and assigns of each of the parties; provided, however, that this section does not waive the prohibition on assignment of this Agreement by Borrower without Lender's consent. The term "Borrower" as used in this Agreement shall include all assigns, successors -in - interest, and transferee of Borrower. Section 9.10 - RELATIONSHIP OF PAR I"IES. The relationship of Borrower and Lender for the Brownfield Project and this Loan is and shall remain solely that of a debtor and a creditor, and shall not be construed as a joint venture, equity venture, partnership, or any other relationship. Lender neither undertakes nor assumes any responsibility or duty to Borrower (except as provided herein) or to any third party with respect to Borrower, the Brownfield, Brownfield Project or the Loan. Borrower shall have no authority to act as an agent of Lender or to bind Lender to any obligation. Section 9.11 - ASSIGNMENT AND ASSUMPTION. Borrower shall not assign any of its interests under this Agreement or the Loan Documents to any other party, except as specifically permitted under the terms of this Agreement or the Loan Documents, without the prior written consent of Lender. Any unauthorized assignment shall be void. Section 9.12 — AMENDMENTS AND MODIFICATIONS. Any amendments or modifications to the Loan Documents must be in writing, and shall be effective only if executed by both Borrower and Lender. Section 9.13 - TIME. Time is of the essence in this Agreement. Section 9.14 - INTEGRATION. This Agreement and the Note contain the entire agreement of the parties and supersede any and all prior negotiations. Section 9.15 - SEVERABILITY. If any provision of this Agreement shall be held invalid, illegal or unenforceable by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired by such holding. Section 9.16 — EXECUTION OF COUNTERPARTS. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument; provided, however, that only the counterpart delivered to the Strategic Partner shall be deemed the original. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Loan Agreement Page 11 of 17 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in day and year first hereinabove written. BORROWER: CO By: LENDER: VELOPME jIT COMMISSION OF THE CITY OF NATIONAL CITY. Iston, ecutive Director CENTER FOR CREATIVELANDRECYCLING STRATEGIC PARTNER ON BEHALF OF CPCFA By: ,- Stephanie Shakofsky, Executive D. for COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Loan Agreement Page 12 of 17 Exhibit A Brownfield Location: 2300 Cleveland Avenue, National City, CA APNs: 559-117-04, 559-117-05, 559-117-06, 559-117-07,559-117-12 Brownfield Project: Site assessment and characterization of Hazardous Material Eligible Costs: Phase II & additional environmental analysis $37,598 Servicing Fees: BORROWER SHALL PAYANAMOUNTEQUAL TO ONE HUNDRED DOLLARS ($100.00) FOR THE TRUSTEE'S SERVICING FEE AND ANAMOUN7' EQUAL TO FIFTY DOLLARS ($5O.00) FOR EACH DRAW AGAINST THE LOAN] Match: Borrower will provide a 15% cash match of $4,904 payable to the Trustee and due to the Strategic Partner concurrently with the delivery of this signed Loan Agreement. The Match will be disbursed first. Once the Match is fully depleted, then CPCFA funds shall be disbursed. The remaining 10% match will be provided by CCLR as an in - kind contribution of administrative program support. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Loan Agreement Page 13 of 17 Exhibit B REQUEST FOR DISBURSEMENT OF LOAN PROCEEDS Date: Stephanie Shakofsky Center for Creative Land Recycling 200 Pine Street, Suite 400 San Francisco, CA 94104 Ms. Cristina Garchitorena The Bank of New York Mellon Trust Company, NA. 700 S. Flower St., Suite 500 Los Angeles, CA 90017 RE: Request for Disbursement of Loan Proceeds of the Community Development Commission of the City of National City ("Borrower") (Contact Name, Contact Title) requests the following disbursement of proceeds from the Strategic Partner as allowed by the Loan Documents: 1) The name and address of the entity to whom the payment is due. 2) The purposc(s) for which such payment is to be made. 3) The amount to be paid. 4) Indication of amount(s) to be paid from Match and/or Loan fund. 5) Indicationof amount(s) to be paid into the Program Fund. for the Trustee's servicing fee and/or draw fee. 6) The date that the funds are needed. 7) Borrower represents and warrants that each disbursement mentioned herein is a proper draw against the fund indicated. 8) Borrower represents and warrants that Borrower has not exceeded that maximum allowable amount of disbursement of Match and Loan proceeds as defined in Exhibit A of the Loan Agreement. 9) Borrower represents and warrants that each disbursement mentioned herein is for an Eligible Cost as defined in the Loan Agreement. 10) Borrower represents and warrants that each obligation mentioned herein has been properly incurred and is a proper charge against the Loan. 11) Borrower represents and warrants that none of the items for which payment is requested has been previously paid by the Loan. 12) Borrower represents and warrants that each item for which payment is requested is or was necessary in connection with the Brownfield Project. 13) Every capitalized term has the meaning defined in the Loan Agreement. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Loan Agreement Page 14 of 17 BORROWER: STRATEGIC PARTNER APPROVAL: Community Development Commission of Center for Creative Land Recycling the City of National City By: By: Stephanie Shakofsky, Executive Director Contact Name, Contact Title) COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Loan Agreement Page 15 of 17 Exhibit C Date: FINAL REPORT CERTIFICATION Stephanie Shakofsky Center for Creative Land Recycling 200 Pine Street, Suite 400 San Francisco, CA 94104 RE: Final Report Certification of the Community Development Commission of the City of National City ("Borrower") (Contact Name, Contact Title) makes the following certification to the Strategic Partner and the Authority under penalty of perjury as required by the Loan Documents and Section 8095(p) of the Regulations: 1) Borrower is informed of and understands all Hazardous Waste Reporting Laws applicable to the Brownfield and the contents of the Final Report; [SELECT EITHER 2a) QR 2b)[ 2a) Borrower identified no reporting requirements under any of the Hazardous Waste Reporting Laws applicable to the Brownfield and the Brownfield Project or resulting from the contents of the Final Report; or 2b) Borrower identified a reporting requirement under a Hazardous Waste Reporting Law that is applicable to the Brownfield [and/or] the Brownfield Project including Hazardous Waste Reporting Laws that apply based upon the information set forth in the Final Report. [SELECT EITHER 3a) QR 3b)J 3a) Borrower certifies that it has made all the reports required by the Hazardous Waste Reporting Laws applicable to the Brownfield [and/or] the Brownfield Project including Hazardous Waste Reporting Laws that apply based upon the information set forth in the Final Report; or 3b) Borrower certifies that there are no reports required by the Hazardous Waste Reporting Laws applicable to the Brownfield [and/or] the Brownfield Project including Hazardous Waste Reporting Laws that apply based upon the information set forth in the Final Report; and 4) [If applicable] Borrower certifies that it reported to (Agency Name) on (Date). 5) Every capitalized term has the meaning defined in the Loan Agreement. BORROWER: Community Development Commission of the City of National City By: (Contact Name, Contact Title) COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Loan Agreement Page 16 of 17 Exhibit D INDEPENDENT CONSULTANT CERTIFICATION Date: 9/30/09 Stephanie Shakofsky Center for Creative Land Recycling 200 Pine Street, Suite 400 San Francisco, CA 94104 RE: Independent Consultant Certification of the Community Development Commission of the City of National City (`Borrower") Brad Raulston ,Executive Dir. (Contact Name, Contact Title) makes the following certification to the Strategic Partner as defined in the Loan Documents: RORE, INC. meets the following criteria defined in Sections 8090(h) and 8090(s) of the Regulations including: (a) The Independent Consultant is an environmental professional as defined in 40 CFR. Section 312.10. Environmental Professional means: (1) a person who possesses sufficient specific education, training, and experience necessary to exercise professional judgment to develop opinions and conclusions regarding conditions indicative of releases or threatened releases (see §312.1(c)) on, at, in, or to a property, sufficient to meet the objectives and performance factors in §312.20(e) and (f). (2) Such a person must: (i) Hold a current Professional Engineer's or Professional Geologist's license or registration from a state, tribe, or U.S. territory (or the Commonwealth of Puerto Rico) and have the equivalent of three (3) years of full-time relevant experience; or (ii) Be licensed or certified by the federal government, a state, tribe, or U.S. territory (or the Commonwealth of Puerto Rico) to perform environmental inquiries as defined in §312.21 and have the equivalent of three (3) years of full- time relevant experience; or (iii) Have a Baccalaureate or higher degree from an accredited institution of higher education in a discipline of engineering or science and the equivalent of five (5) years of full-time relevant experience; or (iv) Have the equivalent of ten (10) years of full-time relevant experience. (3) An environmental professional should remain current in his or her field through participation in continuing education or other activities. (4) The definition of environmental professional provided above does not preempt state professional licensing or registration requirements such as those for a professional COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Loan Agreement Page 17 of 17 geologist, engineer, or site remediation professional. Before commencing work, a person should determine the applicability of state professional licensing or registration laws to the activities to be undertaken as part of the inquiry identified in §312.21(b). (b)The Independent Consultant meets all of the following requirements: (1) The Consultant is not an employee of, general or a limited partner or a shareholder in, or have any other ownership or management interest in the Borrower, a known responsible party, or a prospective buyer of the Brownfield; (2) Consultant does not receive any source of income from the Borrower, a known responsible party, or a prospective buyer of the Brownfield, other than the payment of fees for professional servii*bs unless the Consultant is acting in his or her capacity as an employee of a governmental entity; and (3) The Independent Consultant does not accept, or agree to accept, any payment that is in any way contingent upon the outcome of a Final Report. BORROWER: Community Development Commission of the City of National City Contact Name, Contact Title) PROMISSORY NOTE CALIFORNIA RECYCLE UNDERUTILIZED SITES (CALReUSE) ASSESSMENT PROGRAM COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950 $32,694 DATE: September 30, 2009 FOR VALUE RECEIVED, the Community Development Commission of the City of National City (`Borrower") hereby promises to pay to the order of the California Pollution Control Financing Authority, a State agency, whose address is 915 Capitol Mall, Room 457, Sacramento, CA 95814 ("Lender"), the principal amount equal THIRTY TWO THOUSAND, SIX HUNDERED AND NINETY FOUR DOLLARS AND NO/100 DOLLARS ($32,694) ("Loan") or so much as may be advanced by Lender to Borrower ("the Loan") pursuant to the loan agreement dated September 30, 2009, between Borrower and Lender (the "Loan Agreement"), together with interest at the fixed rate of two percent (2.00%) per annum until the Loan is paid in full. The obligation of Borrower and Lender with respect to all such advances is subject to the terms of: (a) The Application; (b) The Loan Agreement; and (c) This Note. 1. LOAN TERM. Principal and interest shall become due and payable in full upon the earliest of: (a) September 30, 2012 (maturity), not to exceed 36 months from the date hereof; (b) Issuance of either a grading permit or a building permit for the Brownfield; (c) Sale or transfer (including, without limitation, an option to purchase or a contract of purchase) of all or part of the Brownfield; (d) The occurrence of an Event of Default under the Loan Agreement and Borrower's failure to cure within the time specified, if any. 2. INTEREST RATE. The interest on the Loan shall accrue at a fixed interest rate of two percent (2.00%) per annum. Interest shall accrue on the outstanding principal amount from the date of each advance hereunder until this Note is paid in full. Interest will be charged on a 365-day year basis, charged for actual days elapsed. In the event there is an Event of Default on the Loan the Lender shall impose an interest rate penalty at a rate equal to ten percent (10%) per annum. 3. PREPAYMENT OF LOAN. Borrower may prepay any amounts due on the Loan at anytime without incurring a prepayment penalty. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Promissory Note Page 2 of 3 4. PLACE AND MANNER OF PAYMENT. All amounts due and payable under this Note and the Loan Agreement are payable at the office of the Trustee as set forth below: The Bank of New York Mellon Trust Company, N.A. 700 Flower Street, Suite 500 Los Angeles, CA 90017 Attn: Cristina Garchitorena or at such other place as Lender may designate to Borrower in writing from time to time, in any currency of the United States which on the date of payment is legal tender for the payment of public and private debts. 5. APPLICATION OF PAYMENTS. All payments received on account of this Note shall be first applied to accrued interest to the day Lender receives the payment, then to bring principal current, and the remainder, if any, shall be applied to the reduction of principal except that if Lender shall have made additional advances under the terms of the Loan Documents and such advances have not been repaid, any payments received by Lender, at its option, may be applied first to the repayment of such advances and interest thereon. 6. WAIVERS. Presentment, notice of dishonor, and protest are waived by all makers, sureties, guarantors, and endorsers of this Note. 7. DEFAULT AND ACCELERATION. Borrower agrees that the outstanding principal balance of this Note, together with all accrued interest thereon and charges owing, shall, at the option of Lender, become immediately due and payable upon any Event of Default as defined in the Loan Agreement, including without limitation the failure of Borrower to make any payment when due. Upon any Event of Default, Lender may exercise any other right or remedy permitted under the Loan Documents or applicable law. 8. CONSENTS AND APPROVALS. Any consent or approval required under this Note shall not be unreasonably withheld. 9. NOTICES. Any notices, communications, or demands shall be in writing and may be communicated to Lender or Borrower at the addresses set forth in the Loan Agreement. 10. BINDING UPON SUCCESSORS. All provisions of this Note shall be binding upon the heirs, administrators, executors, successors -in -interest, transferees, and assigns of Borrower and shall inure to the benefit of Lender and Lender's successors and assigns. 11. ASSUMPTION. Borrower's obligations under this Note are not assumable. 12. DEFINITIONS. Capitalized terms not defimed in this Note shall have the same meaning as defined terms in the Loan Agreement. 13. GOVERNING LAW. This Note shall be interpreted under and governed by the laws of the State of California and venue is proper in the Superior Court of Sacramento County. 14. LOAN AGREEMENT CONTROLS. In the event that any provisions of this Note and the Loan Agreement conflict, the terms of the Loan Agreement shall control. 15. SEVERABILITY. Every provision of this Note is intended to be severable. If any provision of this Note is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Promissory Note Page 3 of 3 16. TIME. Time is of the essence in this Note. 17. WAIVER Any waiver by Lender of any obligation in this Note must be in writing. No waiver shall be implied from any failure of Borrower to take, or any delay or failure by Lender to take action on any breach or default or Event of Default by Borrower or to pursue any remedy allowed under this Note or applicable law. Any extension of time granted to Borrower to perform any obligation under this Note shall not operate as a waiver or release from any of its obligations under the Note. Borrower hereby waives all defenses and pleas on the grounds of any extensions of the time for repayment of any amounts due under this Note, unless Lender has granted such extensions in writing. Consent by Lender to any act or omission by Borrower shall not be construed to be a consent to any other act or omission or to waive the requirement for Lender's written consent to future waivers. 18. AMENDMENTS AND MODIFICATIONS. Any amendments or modifications to this Note must be in writing, and shall be effective only if executed by both Borrower and Lender. Executed at National City , Califomia, on September 30 , 2009 (City Name) Community Development Commission of the City of National City By: Brims on, „xecutive Director City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT EETING DATE December 15, 2009 AGENDA ITEM NO. 23 ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (CDC) AUTHORIZING THE CHAIRMAN TO EXECUTE A ONE-YEAR AGREEMENT IN THE AMOUNT OF $7,500 PER MONTH BETWEEN THE CDC AND HUSK PARTNERS, INC. TO PROVIDE GOVERNMENTAL AFFAIRS, POLITICAL STRATEGIES, ECONOMIC DEVELOPMENT, PUBLIC AND MEDIA RELATIONS, PLANNING AND MARKETING, AND LEGISLATIVE ADVOCACY CONSULTING SERVICES PREPARED BY George H. Eiser, III (Ext. 4221) EXPLANATION Environmental Review N/A Financial Statement DEPARTMENT City Attorney Please see attached memorandum. Approved By:/ C1-" !vJ Finance Direct& Appropriations are available in account 511-409-000-213-0000 in the amount $45,000. Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Memorandum LAgreement Proposed Resolution A-200 (9/99) Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate INCOR¢O1IATD Office of the City Attorney TO: Mayor and City Council FROM: City Attorney SUBJECT: Agreement with Husk Partners City Attorney George H. Eiser, III Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette DATE: December 2, 2009 Husk Partners, Inc. is in the business of providing consulting services to businesses and organizations dealing with economic development, governmental relations, public and media relations, planning and marketing, political strategies, and legislative advocacy. Since 2006, Husk Partners, and particularly Gary Husk, have provided a superior quality of these services to the CDC. Accordingly, the City Manager's Office has requested that Husk Partners' relationship with the CDC be extended for one year. If approved, the proposed agreement would retain the services of Husk Partners through December 15, 2010. The agreement could be terminated by either party upon 30 days' written notice. The Consultant would be compensated for their services at the rate of $7,500 per month. The Consultant would also be responsible for the Consultant's expenses related to the performance of their duties, including normal travel, lodging, meals, and mileage. Extraordinary costs would be paid by the CDC, if pre -approved The proposed agreement contains typical provisions requiring the Consultant to indemnify the CDC for any loss or liability arising from their own negligence, and requiring the Consultant to furnish proof of professional liability, commercial general liability, automobile, and workers' compensation insurance coverage. �1<.Arc GEORGE H. EISER, III City Attorney GHE/gmo 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 RESOLUTION NO. 2009 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (CDC) AUTHORIZING THE CHAIRMAN TO EXECUTE A ONE-YEAR AGREEMENT IN THE AMOUNT OF $7,500 PER MONTH BETWEEN THE CDC AND HUSK PARTNERS, INC. TO PROVIDE GOVERNMENTAL AFFAIRS, POLITICAL STRATEGIES, ECONOMIC DEVELOPMENT, PUBLIC AND MEDIA RELATIONS, PLANNING, MARKETING, AND LEGISLATIVE ADVOCACY CONSULTING SERVICES WHEREAS, the Community Development Commission of the City of National City (CDC) desires to retain a consultant to provide consulting services with respect to economic development, public and media relations, planning and marketing, political strategies, and legislative advocacy; and WHEREAS, Husk Partners, Inc. is well -experienced and skilled in providing the type of services desired by the CDC, and is willing to enter into an agreement to provide such services to the CDC in the amount of $7,500 per month. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute a one-year agreement in the amount of $7,500 per month with Husk Partners, Inc. to provide consulting services with respect to economic development, public and media relations, planning and marketing, political strategies, and legislative advocacy. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of December, 2009. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney HUSK PARTNERS, INC. PROFESSIONAL SERVICES AGREEMENT Effective Date December 15, 2009 Parties: Purpose: HUSK PARTNERS, INC., an Arizona Corporation ("Consultant") and THE COMMUNITY DEVELOPMENT COMMISSION (CDC) OF THE CITY OF NATIONAL CITY, CALIFORNIA ("Client"). The Consultant is in the business of providing consulting services to businesses and organizations dealing with economic development, governmental relations, public and media relations, planning and marketing, political strategies, and legislative advocacy. The Consultant's services may include other matters as set forth below. The purpose of this Agreement, therefore, is to document the terms and conditions of the professional relationship to be established between the Client and Consultant. AGREEMENTS: 1. Engagement of Services. The Client agrees to retain the services of the Consultant and the Consultant agrees to perform services for the Client upon the terms and conditions hereinafter set forth. 2. Term of Agreement. This Agreement shall be effective as of the Effective Date and shall continue until December 15, 2010. The parties agree that this Agreement maybe terminated by either party with a minimum of thirty (30) days written notice by the party seeking termination. The parties agree that this Agreement may be extended beyond the foregoing date upon written agreement between Consultant and Client. 3. Nature of Services to be Performed. During the term of this Agreement, the Consultant will render advisory and consulting services and will give the Client the benefit of its special knowledge, skill, contacts, business and political experience. Specifically, Consultant agrees to assist client with its government affairs, public relations, economic development, general management, media affairs, and the implementation of the Client's legislative policy. 4. Compensation. The Client shall pay the Consultant a total monthly fee in the amount of Seven Thousand Five Hundred Dollars ($7,500.00), plus any extraordinary expenses pre -approved by the Client, from the effective date of this agreement through December 15, 2010. The Consultant shall submit a monthly invoice to the Client on the first day of the month and Client shall make payment in full to Consultant no later than ten (10) days after receipt of said invoice. 5. Expenses. Consultant shall be responsible for the payment of all expenses incurred relative to the Consultant's duties, including normal travel, lodging, meals and mileage. The Client will be responsible for payment of any pre -approved extraordinary expenses incurred as a result of Client's directives. Any such expenses shall be submitted to Client in a manner consistent with standard policies and procedures. 6. Relationship Between Parties. The Client retains the services of the Consultant only for the purposes and to the extent set forth in this Agreement, and the Consultant's relationship to the Client shall, during the term of this Agreement, be that of an independent contractor. The Consultant shall be free to dispose of its time, energy, and skill as it deems appropriate, except that the Consultant shall perform all services reasonably requested by the Client. The Consultant shall not be considered, as a result of this Agreement, as having an agency or employee status or as being entitled to participatein any plans, arrangements, or distributions by the Client pertaining to or in connection with any pension, stock, bonus, profit sharing or similar benefits provided the Client's regular employees. Furthermore, the Consultant retains the sole and absolute discretion and judgment in the manner and means of rendering the consulting services contemplated by this Agreement and the parties agree that the Client shall have no right or duty to control the manner by which the Consultant renders those contemplated services, except as noted otherwise in writing. 7. Taxes, Workmen's Compensation, Fringe Benefits. The Consultant agrees that it will pay all applicable federal and state income taxes and self-employment taxes with respect to any amounts received under the terms of this Agreement. Unless otherwise required by applicable law, the Client shall not withhold from the amounts paid to the Consultant any amounts for federal or state income taxes or social security taxes. The Client shall not provide any fringe benefits for the Consultant including, but not limited to, vacation or sick pay, life insurance, health insurance or retirement benefits. The Client will not cover the Consultant under any state unemployment compensation or workmen's compensation laws. 8. Attorneys' Fees. The prevailing party in any dispute arising out of this Agreement s by the otherparty-for-all-easts and cxpcns incurred-ir-s:— proceeding, including reasonable attorneys' fees. 9. Dispute Resolution. The parties agree that any dispute involving the terms of this Agreement shall be resolved by the parties selecting a mutually acceptable arbiter whose decision shall be binding on the parties. 10. Amendments. This Agreement may not be amended or modified except in writing signed by the parties. 11. Entire Agreement. This Agreement contains the entire understanding of the parties and supersedes any prior understandings and agreements, written or oral, respecting the subjects discussed herein. 12. Time of the Essence. Time is of the essence of this Agreement. 2009 Agreement 2 Husk Partners and City of National City 13. Notices. Any and all notices required by this Agreement shall be personally delivered or sent by certified mail, return receipt requested, addressed to a party at its address set forth herein, or at such other address as may be designated to the other party in accordance with this paragraph. A notice shall be deemed effective when received, or delivered, if personally delivered. 14. Liability. Client acknowledges that it retains final authority to act upon any recommendations by Consultant and the Consultant does not and shall not guarantee or warrant the outcome of the issues. The Consultant and its independent contractors shall exercise the due care and diligence of professional business consultants in performing its services for the Client, but Consultant shall not be liable for any mistake of judgment, any other action taken in good faith on behalf of the Client or any loss unless the loss is the result of gross negligence, dishonesty, fraudulent or criminal acts of the Consultant. Client agrees to indemnify, defend and hold harmless the Consultant against loss, damages or expense, including court costs and attorneys fees arising out of claims, demands or lawsuits brought against the Consultant for actions taken in performance of this Agreement or at the direction of the Client, except for claims arising out of the gross negligence, dishonesty, fraudulent or criminal acts of the Consultant. Consultant agrees to indemnify, defend and hold harmless the Client against loss, damages or expense, including court costs and attorneys fees arising out of claims, demands or lawsuits brought against the Client for actions taken in performance of this Agreement or at the direction of the Consultant, except for claims arising out of the gross negligence, dishonesty, fraudulent or criminal acts of the Client. This section of the Agreement is separate and distinct from the other provisions of the Agreement and the rights and responsibilities herein shall survive the termination of the Agreement. 15. Confidential Information. Consultant shall hold in confidence, not use (except for the benefit of Clientnr its designee(s)), and not disclose to anyone, without prior written authorization of Client, any and all information which may be received in the course of work with Client, its employees, or other firms under contract to Client, or which may be created or compiled by Consultant in the performance of this Agreement. Consultant shall deliver or mpt�eu by Consultant in performance of the services for Client which Consultant received in the course of its work on behalf of Client, its employees, or other firms under contract to Client. 16. Insurance Coverage. Consultant agrees to maintain the following minimum insurance coverage during the term of this Agreement: (A) The amount required by Arizona law for Worker's Compensation, (B) One million dollars general liability insurance, (C) One million dollars ($1,000,000.00) combined single limit general automobile insurance, and (D) One million dollars ($1,000,000.00) per claim and in the aggregate of professional liability insurance. Consultant agrees to produce certificatesof insurance upon written request. 17. Conflict of Interest. Consultant agrees not to represent any other governmental entity in San Diego County, California during the course of this contract unless it seeks and obtains a written waiver of a conflict of interest from Client. 2009 Agreement 3 Husk Partners and City of National City IN WITNESS WHEREOF, the parties have executed this Agreement this 15th day of December, 2009. CLIENT: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: RON MORRISON Chairman Address for Notice and Billing Purposes: CommunityDevelopment Commission City of National City 1243 National City Boulevard National City, CA 91950-4301 CONSULTANT: HUSK PARTNERS, INC., AN ARIZONA CORPORATION By: GARY A. HUSK President Address: 1702 East Highland Avenue Suite 100 Phoenix, Arizona 85016-4695 2009 Agreement 4 Husk Partners and City of National City ITEM #24 12/15/09 LOW -RIDER HOLIDAY PARTNERSHIP (POLICE) ITEM #25 12/15/09 CDBG AND CONSOLIDATED PLAN UPDATE. (HOUSING & GRANTS) ITEM #26 12/15/09 CLOSED SESSION REPORT (CITY ATTORNEY)