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2010 02-02 CC CDC AGENDA PKT
Agenda Of A Regular Meeting - National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — February 2, 2010 — 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council and Community Development Commission (CDC) to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. ROLL CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcitvca.gov CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 2-2-2010 - Page 2 PRESENTATION 1. Presentation by Catherine Hill, Regional Public Affairs Manager, League of California Cities, regarding the protection of local government revenues. **Companion Item #10** CITY COUNCIL CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 2. Approval of the minutes of the Regular City Council/Community Development Commission Meeting of December 15, 2009. (City Clerk) 3. 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) 4. WARRANT REGISTER #27 Warrant Register #27 for the period of 12/30/09 through 01/05/10 in the amount of $818,587.03. (Finance) 5. WARRANT REGISTER #28 Warrant Register #28 for the period of 01/06/10 through 01/12/10 in the amount of $1,255,971.20. (Finance) 6. Investment Report for quarter ended December 31, 2009. (Finance) 7. National City Sales Tax Update — Third Quarter 2009. (Finance) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 2-2-2010 - Page 3 ORDINANCES FOR INTRODUCTION 8. An Ordinance of the City Council of the City of National City adopting the Standard Urban Storm Water Mitigation Plan (SUSMP) Manual, and repealing Ordinances No. 2008-2307. (Engineering) 9. Ordinance of the City Council of the City of National City amending Sections 14.22.020, 14.22.030, 14.22.040, 14.22.090, 14.22.110, 14.22.120, 14.22.130, 14.22.140, 14.22.150, 14.22.160, and 14.22.170 of the National City Municipal Code regarding National City Storm Water Management and Discharge Control. (Engineering) NON CONSENT RESOLUTION 10. Resolution of the City Council of the City of National City in support of the Local Taxpayer, Public Safety and Transportation Protection Act of 2010. (City Manager) **Companion Item #1 ** NEW BUSINESS 11. Notice of Decision — Planning Commission approval of a variance to allow a reduced lot size of 2,675 square feet and a reduced side yard for a portion of the side yard for a parcel within the residential single-family 3 planned development zone west of 922 E. 7th Street. (Applicant: Gloria O'Donovan) (Case File 2009-21 Z) (Development Services/Planning Division) 12. Report and recommendations regarding Business License Administrative Fees. (Finance/City Attorney) 13. Presentation of Senior Village Expansion Conceptual Plan and direction to prepare a request for qualifications. (Community Development) 14. Presentation of Paradise Creek Revitalization Project grant application to the Catalyst Projects for California Sustainable Strategies Pilot Program under the California Department of Housing and Community Development. (Community Development/Housing and Grants Division) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 2-2-2010 - Page 4 NEW BUSINESS (Cont.) 15. Presentation of Las Palmas Park and Facilities Vision Concept Plan. (Community Development) 16. Establishment of a City Council Ad Hoc Committee to discuss and make recommendations regarding the compensation of executive and management employees. (City Manager) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 17. Authorize the reimbursement of Community Development Commission expenditures in the amount of $304,640.87 to the City of National City for the period of 12/30/09 through 01/05/10. (Finance) 18. Authorize the reimbursement of Community Development Commission expenditures in the amount of $98,041.11 to the City of National City for the period of 01/06/10 through 01/12/10. (Finance) 19. Investment Report for quarter ended December 31, 2009. (Finance) NON CONSENT RESOLUTION 20. Resolution of the Community Development Commission of the City of National City (CDC) authorizing the Chairman to execute an Agreement not to exceed $170,965 by and between the Community Development Commission and Tierra West Advisers, Inc. to complete a Redevelopment Plan Amendment. (Redevelopment Division) STAFF REPORTS 21. Update on the Request for Qualifications for Financial Advisory Services. (Finance) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 2-2-2010 - Page 5 STAFF REPORTS (Cont.) 22. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Regular City Council and Community Development Commission Meeting - Tuesday — February 16, 2010 - 6:00 p.m. - Council Chambers - National City, California ITEM #1 2/2/10 PRESENTATION BY CATHERINE HILL, REGIONAL PUBLIC AFFAIRS MANAGER, LEAGUE OF CALIFORNIA CITIES, REGARDING THE PROTECTION OF LOCAL GOVERNMENT REVENUES. **COMPANION ITEM #10** ITEM #2 2/2/10 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING OF DECEMBER 15, 2009 (CITY CLERK) ITEM #3 City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption 2/2/10 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 ETING DATE Feb 2, 2010 4 AGENDA ITEM NO. ITEM TITLE Warrant Register #27 for the period of 12/30/09 through 01/05/10 in the Amount of $818,587.03 PREPARED BY D. Gallegos -Finance DEPARTMENT EXPLANATION Finance Jeanette Latirido 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 12/30/09 through 01/05/10. XT. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation PTM Gen Eng 230997 94,982.37 St. Resurfacing Public Emp Ret Sys 230998 291,851.85 PPE 12/28/09 CEnvironmental Review N/A MIS Approval Financial Statement Not applicable. Approved B Finance Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $818,587.03 BOARD / COMMISSION RECOMMENDATION 4TTACHMENTS ( Listed Below ) 1. Warrant Register #27 Resolution No. A-200 (Rev. 7/03) 1/2 PAYEE ACEDO ALLEN BOYD C W REED JR CONDON DEFRATIS DICERCHIO DREDGE EWERT, PHILLIP HANSON HOLLOWAY JAMES KIMBLE KOLANDA MATIENZO MCCABE MURRAY MYERS NOSAL, WILLIAM A. ,UU SST POTTER RAY RUIZ SHORT, CRAIG ZIETLOW, DAVID RICK ENGINEERING COMPANY ROMERO'S ROOFING SERVICE, INC STAPLES ADVANTAGE ACTION TURBO REPAIR ALL FRESH PRODUCTS AMERICAN ROTARY BROOM CO., INC BON SUISSE INC BOOT WORLD BROADWAY AUTO ELECTRIC CALIFORNIA BAKING CO. CARDIAC SCIENCE CORP. CCH CITY CLERKS ASSOCIATION OF CA CITY OF SAN DIEGO COUNTY OF SAN DIEGO DAPPER TIRE COMPANY DELL MARKETING CORP ',ELTA DENTAL PARTMENT OF JUSTICE :PARTMENT OF TRANSPORTATION DEPASCALE EMERGENCY MEDICAL PRODUCTS ENTERTAINMENT PUBLICATIONS FIRE ETC +>-4 CALIEORNIA -{+ NATIOIVAL CITY C C. ED WARRANT REGISTER # 27 1/5/2010 DESCRIPTION RETIREE HEALTH BENEFITS JAN 2010 RETIREE HEALTH BENEFITS JAN 2010 RETIREE HEALTH BENEFITS JAN 2010 RETIREMENT 2000964-S90 JAN 2010 RETIREE HEALTH BENEFITS JAN 2010 RETIREE HEALTH BENEFITS JAN 2010 RETIREE HEALTH BENEFITS JAN 2010 RETIREE HEALTH BENEFITS JAN 2010 RETIREE HEALTH BENEFITS JAN 2010 RETIREE HEALTH BENEFITS JAN 2010 RETIREE HEALTH BENEFITS JAN 2010 RETIREE HEALTH BENEFITS JAN 2010 RETIREE HEALTH BENEFITS JAN 2010 RETIREE HEALTH BENEFITS JAN 2010 RETIREE HEALTH BENEFITS JAN 2010 RETIREE HEALTH BENEFITS JAN 2010 RETIREE HEALTH BENEFITS JAN 2010 RETIREE HEALTH BENEFITS JAN 2010 RETIREE HEALTH BENEFITS JAN 2010 RETIREE HEALTH BENEFITS JAN 2010 RETIREE HEALTH BENEFITS JAN 2010 RETIREE HEALTH BENEFITS JAN 2010 RETIREE HEALTH BENEFITS JAN 2010 RETIREE HEALTH BENEFITS JAN 2010 RETIREE HEALTH BENEFITS JAN 2010 RETIREE HEALTH BENEFITS JAN 2010 STREETSCAPE CONST. AND STAKING REPAIR ROOF AT GRANGER HALL MOP 45704 OFFICE SUPPLIES-S8 RETROFIT 2006 INT. FLUSHER FOOD FOR NUTRITION CENTER MOP #62683 AUTO PARTS MILK/DAIRY DELIVERY FOR NUTRITION MOP #64096 WEARING APPAREL ELECTRICAL PARTS FOR CITY VEHICLES BREAD DELIVERY FOR NUTRITION LITHIUM BATTERIES GOVERNMENTAL GAAP GUIDE 2010 MEMBERSHIP DUES FOR 2009-2010 SEWER TRANSPORTATION 07/09-09/09 EMISSION/DATABASE/PERMIT FEES TIRES FOR CITY FLEET LAPTOPS FOR PD DENTAL INS JAN2010 NEW EMP FINGERPRINT TEST-NOV 09 HIGHWAY LIGHTING REIMB - EDUCATIONAL RESCUE LONG CREW BAG PROMOTIONAL ACTIVITIES SUPPLIES FOR FIRE DEPARTMENT CHK NO 230926 230927 230928 230929 230930 230931 230932 230933 230934 230935 230936 230937 230938 230939 230940 230941 230942 230943 230944 230945 230946 230947 230948 230949 230950 230951 230952 230953 230954 230955 230956 230957 230958 230959 230960 230961 230962 230963 230964 230965 230966 230967 230968 230969 230970 230971 230972 230973 230974 230975 DATE 1/4/10 1/4/10 1/4/10 1/4/10 1/4/10 1/4/10 1/4/10 1/4/10 1/4/10 1/4/10 1/4/10 1/4/10 1/4/10 1/4/10 1/4/10 1/4/10 1/4/10 1/4/10 1/4/10 1/4/10 1/4/10 1/4/10 1/4/10 1/4/10 1/4/10 1/4/10 1/5/10 1/5/10 1/5/10 1/5/10 1/5/10 1/5/10 1/5/10 1/5/10 1/5/10 1/5/10 1/5/10 1/5/10 1/5/10 1/5/10 1/5/10 1/5/10 1/5/10 1/5/10 1/5/10 1/5/10 1/5/10 1/5/10 1/5/10 1/5/10 AMOUNT 160.00 125.00 145.00 1,123.93 280.00 120.00 70.00 250.00 160.00 135.00 150.00 140.00 300.00 135.00 100.00 280.00 150.00 140.00 1,065.60 340.00 280.00 150.00 190.00 310.00 300.00 150.00 3,716.28 4,145.00 106.36 14,481.98 2,404.35 485.18 572.41 117.44 266.44 216.00 1, 393-00 536.12 245.00 615.94 319.00 1,915.80 2,477.21 14, 201.62 450.00 1,257.03 608.10 2,315.73 180.00 4,894.85 CALIFORNIA 2/2 PAYEE FLEET SERVICES, INC GRAINGER HAMILTON MEATS & PROVISIONS HOME DEPOT/GECF INTEGRATED BIOMETRIC JOHN DEERE LANDSCAPES KIWANIS CLUB OF NATIONAL CITY LEAGUE OF CALIFORNIA CITIES LEAGUE OF CALIFORNIA CITIES LOPEZ MAINTEX, INC. MAN K-9 INC. MANPOWER OF SAN DIEGO MATTHEW BENDER & CO INC MISSION UNIFORM SERVICE MORE DIRECT ONE SOURCE DISTRIBUTORS PACIFIC AUTO REPAIR PADRE JANITORIAL SUPPLIES INC PRO BUILD PRO -EDGE KNIFE PTM GENERAL ENGINEERING, SVCS PUBLIC EMP RETIREMENT SYSTEM QUALITY CIRCLE LLC ROCK RIVER ARMS SD BMW MOTORCYCLES SELTZER CAPLAN MCMAHON VITEK STAPLES ADVANTAGE SUMMIT SUPPLY SYSCO SAN DIEGO TAB PRODUCTS CO U S BANK CORPORATE PAYMT SYS VISUAL CLICK WESTFLEX INDUSTRIAL SECTION 8 HAPS PAYMENTS SPECIAL PAYROLL Pay period 1 Start Date NATIONAL CIT a e e - INCORPORATED WARRANT REGISTER # 27 1/5/2010 DESCRIPTION MOP #67804 AUTO PARTS MOP #65179 ELECTRICAL MATERIAL MEAT DELIVERY FOR NUTRITION PLUMBING SUPPLIES NEW EMP FINGERPRINT TEST-NOV 09 MOP #69277 HORTICULTURAL ITEMS DUES FOR SEPT-DEC 2009 MEMBERSHIP DUES FOR 2010 PROMOTIONAL ACTIVITIES REFUND -CITATION OVERPAYMENT MISC JANITORIAL SUPPLIES K9 TRAINING - DEC 2009 WEEK ENDING 12/20/09 SERVICES CA PENAL CODE 2010 WEEKLY CLEANING/LAUNDRY SVC EPSON EXPRESSION SCANNER MOP #67256 ELECTRICAL MATERIALS SMOG CERTIFICATION & REPAIRS JANITORIAL SUPPLIES FOR NUTRITION MOP #45707 BUILDING MATERIALS KNIFE SHARPENING SERVICES 230996 CONTRACTOR FOR THE NATIONAL CITY SAI 230997 SERVICE PERIOD 12-09A 230998 FIRE RESISTANT T-SHIRTS 230999 PRO -SERIES GOVERNMENT RIFLE 231000 R&M CITY VEHICLES 231001 EXPERT & CONSULTANT SVCS 231002 MOP 45704 OFFICE SUPPLIES- PLANNING REFILL BAGS FOR DOG DISPENSER FOOD FOR NUTRITION CENTER LBL NUMERIC TABS - CITY CLERK CREDIT CARD EXP - PD DSRAZOR ANNUAL MAINTENANCE MOP #63850 AUTO PARTS Start Date 12/30/2009 End Date End Date 1 /5/2009 Check Date 1 /5/2010 CHK NO DATE AMOUNT 230976 1/5/10 153.94 230977 1/5/10 626.81 230978 1/5/10 1,472.39 230979 1/5/10 406.51 230980 1/5/10 26.00 230981 1/5/10 487.20 230982 1/5/10 168.00 230983 1/5/10 600.00 230984 1/5/10 50.00 230985 1/5/10 45.00 230986 1/5/10 48.99 230987 1/5/10 800.00 230988 1/5/10 1,318.40 230989 1/5/10 72.13 230990 1/5/10 128.35 230991 1/5/10 2,398.04 230992 1/5/10 81.36 230993 1/5/10 350.64 230994 1 /5/10 140.33 230995 1/5/10 61.! 1/5/10 45.0( 1/5/10 94,982.37 1/5/10 291,851.85 1/5/10 1,417.25 1/5/10 1,965.00 1/5/10 697.61 1/5/10 9.016.00 231003 1/5/10 42.64 231004 1/5/10 267.00 231005 1/5/10 2,469.91 231006 1/5/10 114.45 231007 1/5/10 295.12 231008 1/5/10 4,898.00 231009 1/5/10 13.66 A/P Total 482,181.86 296,405.17 40,000.00 GRAND TOTAL $ 818,587.03 +r- CALIFORNIA -t+ NATcliON noov INCORPORATED Warrant Register # 27 1/5/2010 001 GENERAL FUND 321,719.83 105 PARKS MAINTENANCE FUND 487.20 111 P.QS.T. FUND 80.00 125 SEWER SERVICE FUND 15,354.99 166 NUTRITION 7,448.74 208 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 2,477.21 212 PERSONNEL COMPENSATION FUND 46,749.53 282 REIMBURSABLE GRANTS CITYWIDE 8,422.10 290 POLICE DEPT GRANTS 1,822.32 307 PROPOSITION A" FUND 352.80 323 SAFE ROUTES TO SCHOOL 94,982.37 345 TRAFFIC CONGESTION RELIEF 965.60 502 SECTION 8 FUND 296,501.52 511 TAX INCREMENT FUND 8,139.35 626 FACILITIES MAINT FUND 1,225.21 629 INFORMATION SYSTEMS MAINTENANC 7,083.00 632 GENERAL ACCOUNTING SERVICES 254.15 643 MOTOR VEHICLE SVC FUND 4,202.27 723 PROMO ITEMS FOR EMPLOYEE BENEFIT 160.00 724 COBRA/RETIREE INSURANCE 158.84 818,587.03 City of National City, California COUNCIL AGENDA STATEMENT ETING DATE Feb 2, 2010 5 AGENDA ITEM NO. ITEM TITLE Warrant Register #28 for the period of 01/06/10 through 01/12/10 in the Amount of $1,255,971.20 PREPARED BY D. Gallegos -Finance DEPARTMENT EXPLANATION Finance Jeanette L. 619-336-433 Per Government Section Code 37208, attached are the warrants issued for the period of 01/16/10 through 01/12/10. EXT. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor SDG&E Check# Amount Explanation 231053 56,614.89 Utilities i Environmental Review N/A MIS Approval Financial Statement Not applicable. Approved B >STAFF RECOMMENDATION Ratification of warrants in the amount of $1,255,971.20 BOARD / COMMISSION RECOMMENDATION Finance Director Account No. ATTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register#28 L A-200 (Rev. 7/03) +}-- CALIFORNIA -4+ 1/2 PAYEE AT&T/MCI BILATERAL SAFETY CORRIDOR CALIFORNIA PEACE OFFICERS CINTAS DOCUMENT MANAGEMENT DSL EXTREME GLOCK PROFESSIONAL INC GRANICUS INC. GROSSMAN PSYCHOLOGICAL GROSSMAN PSYCHOLOGICAL GTC SYSTEMS INC LASER SAVER INC MICHAL PIASECKI CONSULTING NATIONAL CITY ROTARY CLUB REGIONAL COMMUNICATIONS SYSTEM ROUNDS S D COUNTY VECTOR CNTRL PROGRM STAPLES ADVANTAGE VERIZON WIRELESS DESROCHERS PRO BUILD PRUDENTIAL OVERALL SUPPLY UNION TRIBUNE PUBLISHING CO VISTA PAINT BAVENCOFF BEARCOM BEARCOM BETTER LIFE MOBILITY BUSH POWER BRAKE SERVICE CALIFORNIA ELECTRIC SUPPLY CHULA VISTA BLUEPRINT CO COUNTY OF SAN DIEGO DOKKEN ENGINEERING ELIHU ELECTRIC ESRI INC G & A AUTO AIR CONDITIONING MORE DIRECT NAPA AUTO PARTS PERRY FORD POWERSTRIDE BATTERY CO INC PROJECT PARTNERS PRUDENTIAL OVERALL SUPPLY SAM'S ALIGNMENT SAN DIEGO HYDRAULICS SDG&E SOUTH BAY FOUNDRY SPRINGER STAPLES ADVANTAGE SWEETWATER AUTHORITY AI OVA/L CITY nu MCORPORATV) WARRANT REGISTER # 28 1/12/2010 DESCRIPTION TELECOMMUNICATIONS SERVICE TUITION: UNITING THE AMERICAS TUITION: PITCHES MOTION UPDATE BLANKET PURCHASE ORDER DSL SVCS TUITION: C SAKAMOTO WEBCAST/LIVECAST - JAN 2010 FOR PRE-EMP PSYCHOLOGICAL EXAMS SVCS JAN, FEB, MAR 2010 NETWORK ENGINEERING HOURS PRINTER MAINTENANCE & REPAIR CRYSTAL REPORTS UPDATES QUARTERLY DUES - PD REGIONAL COMMUNICATIONS SHERMAN BLOCK SUPERVISORY VECTOR CONTROL MOP 45704 OFFICE SUPPLIES- PD WIRELESS SVCS 11/22 - 12/21/09 RETIREMENT BENEFIT JAN 2010 MOP 45707 EXT PAINT -NEIGHBORHOOD MOP 45742 UNIFORM SVCS-NEIGHBORHOOI PALM PLAZA NOTICE MOP 68834 EXT PAINT -NEIGHBORHOOD REIMBURSEMENT FOR TRAINING INSTALLATION OF NEW DAVID CLARK RADI( SALES TAX DIAGNOSE TO REPAIR BUS LABOR TO REPAIR ROTORS MOP #45698 ELECTRICAL MATERIALS PLAN COPIES EMISSION PERMIT FEE OCTOBER 2009 SERVICES ELECTRICAL CORRECTION NOTICE ARCVIEW MAINTENANCEE COMPRESSOR HP LASERJET MOP #45735 MINOR EQUIPMENT REPAIR V# 282. MOP #67839 AUTO PARTS PLAZA BLVD. WIDENING MOP #45742 LAUNDRY SERVICE ALIGMMENT FOR V# 439 HOSE ASSEMBLY FACILITIES DIVISION GAS & ELECTRIC GRATES REIMBURSEMENT FOR TRAINING MOP# 45704. COPY PAPER STREET DIVISION WATER BILLS CHK NO 231010 231011 231012 231013 231014 231015 231016 231017 231018 231019 231020 231021 231022 231023 231024 231025 231026 231027 231028 231029 231030 231031 231032 231033 231034 231035 231036 231037 231038 231039 231040 231041 231042 231043 231044 231045 231046 231047 231048 231049 231050 231051 231052 231053 231054 231055 231056 231057 DATE AMOUNT 1/12/10 7,498.30 1/12/10 60.00 1/12/10 190.00 1/12/10 72.95 1/12/10 65.66 1/12/10 150.00 1/12/10 1,477.35 1/12/10 2,500.00 1/12/10 1,737.50 1/12/10 1,625.00 1/12/10 49.95 1/12/10 2,340-00 1/12/10 220.00 1/12/10 9,010.00 1/12/10 419.58 1/12/10 464.72 1/12/10 22.38 1/12/10 4,739.48 1/12/10 110.00 1/12/10 48.25 1/12/10 13.34 1/12/10 166.40 1/12/10 630.24 1/12/10 109.96 1/12/10 8,141.25 1/12/10 214.32 1/12/10 90.00 1/12/10 100.00 1/12/10 292.04 1/12/10 133.00 1/12/10 319.00 1/12/10 18,229.60 1/12/10 500.00 1/12/10 8,601.13 1/12/10 691.74 1/12/10 644.39 1/12/10 855.02 1/12/10 1,661.97 1/12/10 184.28 1/12/10 11,415.00 1/12/10 209.15 1/12/10 1,311.47 1/12/10 84.06 1/12/10 56,614.89 1/12/10 663.38 1/12/10 85.80 1/12/10 1,220.41 1/12/10 597.17 2/2 +r. CALIFORNIA .<1- NATIONAL Cilly aL3_! r PAYEE THE SOHAGI LAW GROUP UNITED PARCEL SERVICE WADE & ASSOCIATES ALEXANDER'S LEGAL SEMINARS CA BUILDING STANDARD COMMISION CALIFORNIA JPIA COUNTY OF SAN DIEGO CULLIGAN DEPT OF CONSERVATION FEDEX HEARTLAND COMM. FAG. AUTHORITY INTERNATIONAL CODE COUNCIL INC LGI DELAWARE LLC LOPEZ MUNISERVICES LLC PADRE JANITORIAL SUPPLIES INC PRO BUILD PRUDENTIAL OVERALL SUPPLY REAL ROE RUSSELL SOUTHWESTERN COMMUNITY COLLEGE STAPLES ADVANTAGE SAN DIEGO UNION TRIBUNE VERIZON WIRELESS WALMART WOOD & WOOD WOOD & WOOD NATIONAL ELEM SCHOOL DISTRICT SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 01 12/15/2009 Special Payroll INCORPORATED WARRANT REGISTER # 28 1/12/2010 DESCRIPTION LEGAL SERVICES UPS SHIPMENT PROVIDE ON CALL PROFESSIONAL SVS ALEXANDER'S REVISION #40 BLDG STANDARDS FOR 4TH QTR REGISTRATION - JPIA TRAINING MAIL PROCESSING-11/16 - 12/15/09 WATER SOFTENER SERVICE SMIP FEES FOR 4TH QTR SPECIAL MAIL TRANSPORTATION -FINANCE MEMBER ASSESSMENT. HOUSING CODE OFFICIAL CERTIFICATION REFUND OF FILING FEES TRANSLATION SVCS ON 01/05/10 SALES/DISTRICT TAX AUDIT JANITORIAL SUPPLIES FOR NUTRITION MOP 45707 MISC PAINT SUPPLIES MOP 45742 UNIFORM SVC - FIRE LIABILITY CLAIM COSTS 125 PLAN REIMBURSEMENT LIABILITY CLAIM COSTS 3RD ANNUAL -MARTIN LUTHER KING MOP 45704 OFFICE SUPPLIES -COUNCIL LEGAL NOTICES AD- CITY CLERK WIRELESS SVC 11/24 - 12/23/09 CERTIFICATE FRAMES LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS FINAL AB1290 FY 09 PAYMENT Start Date 1/6/2010 End Date 12/28/2009 End Date 1/12/2010 Check Date 1/6/2010 1/6/2010 CHK NO DATE AMOUNT 231058 1/12/10 1,072.50 231059 1/12/10 47.44 231060 1/12/10 8,095.50 231061 1/12/10 42.19 231062 1/12/10 187.20 231063 1/12/10 750.00 231064 1/12/10 2,297.50 231065 1/12/10 186.75 231066 1/12/10 1,512.45 231067 1/12/10 30.98 231068 1/12/10 1,147.67 231069 1/12/10 30.00 231070 1/12/10 1,232.00 231071 1/12/10 140.00 231072 1/12/10 3,287.63 231073 1/12/10 375.92 231074 1/12/10 256.69 231075 1/12/10 82.68 231076 1/12/10 1,488.8: 231077 1/12/10 38.00 231078 1/12/10 500.00 231079 1/12/10 25.00 231080 1/12/10 44.89 231081 1/12/10 179.20 231082 1/12/10 417.56 231083 1/12/10 118.53 231084 1/12/10 43,642.70 231085 1/12/10 1,404.00 231086 1/12/10 12.47 A/P Total 215,226.40 9,553.75 1,028,190.41 3,000.64 GRAND TOTAL $ 1�255,97I.20 +r-- CALIFORNIA —+ NNTIONAL. C y aLJC3 INCORPORATED Warrant Register # 28 1/12/2010 001 GENERAL FUND 103 GENERAL CAPITAL OUTLAY FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 111 P.O.S.T. FUND 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 261 CDC DEBT SERVICE FUND 282 REIMBURSABLE GRANTS CITYWIDE 290 POLICE DEPT GRANTS 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 312 STP LOCAL/TRANSNET HIGHWAY 320 LIBRARY GRANTS 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 787,140.59 4,209.00 28,035.18 21,150.49 1,601.93 695.38 18, 020.22 5,222.79 1,444.58 684.98 2,417.93 12,238.62 1,711.86 959.30 5,072.46 1,942.82 1,205.71 23, 000.18 20,212.22 12.47 7,717.75 3,787.73 2,346.69 13,639.27 13,513.05 4,428.58 31,886.82 1,155.32 63,311.40 2,830.42 48,690.50 50,842.29 4,132.26 11, 765.91 11,753.43 13,933.37 17, 385.44 15,872.26 1,255,971.20 City of National City, California COUNCIL AGENDA STATEMENT • MEETING DATE February 2, 2010 ITEM TITLE Investment Report for quarter ended December 31, 2009 PREPARED BY Jeanette Ladrido, C EXPLANATION See attached report AGENDA ITEM NO. 6 DEPARTMENT Finance x 4331 Environmental Review Not applicable. Financial Statement Staff certifies that there are sufficient funds to meet the City's financial needs. Account No STAFF RECOMMENDATION Accept and file the Investment Report for the Quarter ended December 31, 2009. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS 1 Background/Investment Overview Portfolio Summary — Quarter ended December 31, 2009. Resolution No. A-200 (9/80) ATTACHMENT 1 BACKGROUND California Government Code Section 53646 requires the City Treasurer or the Chief Financial Officer to submit to the City Council a quarterly report of the City's investment portfolio consisting of the following information: VVVVVV Type of investment or description, Issuers (bank or institution), Dollar amount, Interest rate, Current market valuation as of the date of the report, And the date of maturity. In addition, the code requires that the report states the City's compliance with it's investment policy and include a statement on the City's ability to meet it's pool's expenditure requirements. OVERVIEW OF CITY INVESTMENTS The City's pooled investment portfolio as of the quarter ended December 31, 2009 is summarized below and compared to the quarter ended December 31, 2008. QUARTER ENDED AS OF 12/31 /2009 12/31/2008 Par Value 42,317,063.94 38,677,238.54 Book Value (1) 42,316,738.94 38,678,967.40 Market Value (2) 42,443,832.99 38,832,321.08 (1) The book value is the actual cost of investments. (2) The market value is the amount at which the investments could be sold. The City of National City has 65% of the total portfolio invested in the California Treasurer's Local Agency Investment Fund (LAIF). This is a liquid investment pool, which allows participants to earn market rate returns of large investments, while retaining access to funds within 24 hours of a withdrawal request. Due to the current circumstances of the economy and the market conditions, LAIF return has been plunging for the last 24 months. For the month ended December 31, 2009, LAIF's monthly average effective yield was 0.569%. The summary of the City's investment portfolio is illustrated in the following chart. SUMMARY OF INVESTMENT PORTFOLIO As of December 31, 2009 INVESTMENTS HELD BY THE CITY Investment Type LAI F Medium Term Notes Federal Agency Securities Certificates of Deposit CalTrust Negotiable CD/CDARS Totals for December 2009 Totals for December 2008 Portfolio decrease from same quarter last year Book Value 27,353,473.21 500,000.00 6,764,675.00 2,371, 000.00 2,327,590.73 3,000,000.00 YTM % of Market Value 365 Equiv. Portfolio 27,379,399.52 512,785.00 6,845,109.30 2, 378, 948.44 2,327,590.73 3, 000, 000.00 0.569% 64.64% 4.000% 1.18% 3.294% 15.99% 3.842% 5.60% 0.570% 5.50% 2.333% 7.09% 42,316,738.94 42,443,832.99 1.354% 100.00% 38,678,967.40 3, 637, 771.54 Negotiable CD/CDARS 7.09% CalTrust 5.50% Certificates of Deposit 5.60% Federal Agency Securities 15.99% Medium Term Notes 1.18% Investments Liquidity On Demand Within One Month One Month to One Year Within One to Five Years LAIF 64.64% Book Value % of Portfolio 29,978,063.94 99,000.00 2,481,000.00 9,758,675.00 70.84% 0.23% 5.86% 23.06% 42,316,738.94 100.00% City of National City Finance Department 1 Federal Agency Securities account for 16% of the investment portfolio. The average rate of return is 3.294% which is the average yield offered in the current market of Security Bonds with same terms. The City has Tess than 6% invested in Certificates of Deposit. These investments are in increments of $99,000 to ensure that the funds meet the Federal Deposit Insurance Corporation (FDIC) requirements. The average rate of return is 3.842%. On 9/13/2007 and 7/24/2008, City Council approved a $2 million and $1 million investments in the CDARS program. To date the total investment is $3 million. The combined investment yield is 2.333% and accounts for 7% of the portfolio. CalTrust, a California joint powers authority, is a pooled investment fund which consolidates investment activities of its participants. This investment yields 0.57% The pooled investment portfolio has the ability to meet the City's financial needs. Investments City of National City City of National City Portfolio Management Portfolio Summary December 31, 2009 Par Market Book % of Days to YTMIC YTMIC Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Certificates of Deposit - Monthly 2,371,000.00 2,378,948.44 2,371,000.00 5.60 723 223 3.789 3,842 LAIF 27,353,473.21 27,379,399.52 27,353,473.21 64,64 1 1 0.561 0.565 Medium Term Notes 500,000.00 512,785.00 500.000,00 1.18 1,462 775 3.945 4.000 Federal Agency Securities 5.765,000,00 6,845,109.30 6 764.675,00 15.99 1,813 1,469 3.249 3,294 CalTrust 2,327,590.73 2,327,590.73 2.327 590.73 5.50 1 D.562 0.570 CDARS 3,000,000.00 3,000,000.00 3,000,000.00 7.09 607 370 2.301 2.333 Investments Total Earnings Current Year Average Daily Balance Effe tive Rate of Return 111 Jeane - adrido nance Director 42,317,063.94 42,443,832.99 December 31 Month Ending 51,759.10 41,732,474.27 1.46% Reporting period 12/01/2009-12/31/2009 Run Date- 01 /1512010 - 18-0D f f? Fiscal Year To Date 379,037.69 47,061,479.01 1.60% 42,316,738.94 100.00% 391 283 1.335 1.354 Portfolio CNC CC PM iPRF_PN1) SyrnRep; 6.41.2026 Report Ver. 5.00 CUSIP City of National City Portfolio Management Portfolio Details - Investments December 31, 2009 Page 2 Average Purchase Stated YTMIC Days to Maturity Investment Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Certificates of Deposit - Monthly SYS11323 11323 Advanta Bank Corp 04/02/2009 99.000.00 99,000.00 99,000.00 2.500 300 2,500 458 04/04/2011 SYS11302 11302 AMERIKA SAMOA BANK 09/22/2008 99.000.00 99,000.00 99,000.00 4.500 276 4,500 264 09/22/2010 SYS11287 11287 Bank of North Carolina 06/1012008 99.000.00 99,000.00 99,000.00 4.050 189 4.050 160 D6/10/2010 SYS i1259 11259 Capitol City Bank & Trust 01/04/2008 99. 000.00 99,000.00 99,000.00 4.850 232 4,850 3 D1/04/2010 SYS11328 11328 CIT Bank 04/0812009 98 000.00 99,134.84 98,000.00 2.350 2,350 462 D4/08/2011 5Y511275 11275 Cole Taylor Bank 03/31/2008 99.000.00 99,0810.00 99,000,00 3.820 238 3,873 90 04/01/2010 SYS11260 11260 Columbia Savings&Loan 01/042008 99.000,30 99,000.00 99,000,00 4.850 250 4.850 3 D1/04/2010 SYS11334 11334 Community First Bank & Trust C4/2312009 99.000.30 99,000.00 99,000.00 2.960 220 2.960 297 10/25/2010 SYS11324 11324 Discover Bank 04/02/2009 95,000.00 99.000.00 99,000.00 2.510 300 2.510 458 04/04/2011 SYS11258 11258 Garden City State Bank C1/03/2008 99,000.00 99,000.00 99,000.00 4.750 193 4,750 3 01/04/201D SYS11309 11309 High Trust Bank 11/1312008 99,000.00 99.000.00 99,000,00 4.250 4.250 318 11/15/2010 5Y511296 11296 Jacksonville Bank 07/10/2008 99,000.00 99.000.00 99,000.00 4.473 208 4.470 192 07/12/2010 SY511291 11291 The Leaders Bank 06/18;2008 99,000.00 100,419.66 99,000.00 4.050 189 4.106 168 06/18/2010 5Y511288 11288 Live Oak Banking Company O5/11/2008 99,000,00 99,000.00 99,000.00 4.000 4.070 161 06/1112010 SYS11301 11301 Orion Bank 09/16,2008 95,000.00 99,000.00 99,000.00 4.500 256 4.500 258 09/1612010 SYS11263 11263 Pacific Western Bank 01/22/2008 99,000.00 99.000.00 99,000.00 2.500 3.630 21 01/22/2010 SYS11313 11313 R-G'remler Bank of Puerto Ric 11/0712008 97,000.00 99,646.16 97,000.03 4,500 4.500 312 11/09/2010 SYS11299 11299 STATE BANK OF INDIA (CALIF) 07/18112008 95,000.00 99,000.00 99,000.00 4.250 257 4.250 199 07/19/2010 SYS11289 11289 Select Bank 06/16/2008 99,000.00 100,381.05 99,000.00 4.000 207 4.000 166 06/16/2010 SYS11264 11264 Southern Bank 02/05/2008 99,000.00 99,000.00 99,000.00 3 700 179 3.700 35 02/0512010 SYS11336 11336 Tennesse Commerce Bank 04/28/2009 99,000.00 99,000.00 99,000.00 2.650 226 2.650 482 04/28/2011 SYS11330 11330 First Tuskegee Bank 04/17/2009 99,030.00 99,000.00 99,000.00 2.400 143 2.400 472 04/18/2011 SYS11298 11298 Union National Bank of Elgin 07/19/2008 99,000.00 99,000.00 99,000.00 4.480 163 4.480 199 07/19/2010 SYS11292 11292 Westernbank Puerto Rico 06/18/2008 97,000.00 95.366.73 97,000.00 4.000 187 4.000 168 06/18//201D Subtotal and Average 2,377,387.10 2,371,000.00 2.378,948.44 2,371,000.00 3.842 223 LAIF 98-37-576 11058 Local Agency Investment Fund 27,353 473.21 27. 379,399.52 27,353.473.21 0.569 0.569 1 Medium Term Notes Subtotal and Average 26,750,247.40 27,353,473.21 27,379.399.52 27,353,473.21 0.569 1 36966RV94 11269 GEN ELEC CAP CRP 02114/2008 500,000,00 512 785.00 500,000.00 4.000 AA+ 4.000 775 02/15/2012 Subtotal and Average 500,000.0D 500,000.00 512,785.00 500,000.00 4.000 775 Federal Agency Securities 3133XRBM1 11282 Federal Home Loan Bank 05/28/2008 175,000.00 177. 789.50 175,000.00 4.125 AAA 4.125 1,243 05/28/2013 3133XRG95 11290 Federal Home Loan Bank 06/17/2008 200,000.00 201,326.00 200,000.00 4.250 AAA 4.250 1,263 06/17/2013 Run 'Date. 01/19/2010 - 18.00 Portfolio CNC CC PM (PRF PM2) SyreRept 6 41.2026 CUSIP City of National City Portfolio Management Portfolio Details - Investments December 31, 2009 Page 3 Average Purchase Stated YTM/C Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Federal Agency Securities 3133XSNC8 11312 Federal Home Loan Bank 12116/2008 300,000.00 304,143.00 300,000.00 4.250 AAA 4.250 1,445 12/16/2013 3133XSZ43 11318 Federal Home Loan Bank 02/18/2009 250,000.00 252,657.50 250,000.00 3,000 AAA 3.000 1.509 02/18/2014 3133XSY28 11319 Federal Home Loan Bank 02/18/2009 300,000.00 300,060.00 300,000.00 3.125 AAA 3.125 1.509 02/18/2014 3133XSX52 11320 Federal Home Loan Bank 021/9/2009 300,000.00 300,255.00 300,000.00 3,000 AAA 3.000 1,510 02119/2014 3133XTALO 11322 Federal Home Loan Bank 03/11/2009 200,000.00 200,082.00 200,000.00 3.400 AAA 3.400 1,530 03/11/2014 3133XTEP7 11325 Federal Home Loan Bank 04/07/2009 300,000.00 299.676.00 300,300.00 3.000 AAA 3.000 1,557 04/07/2014 3133XTFM3 11326 Federal Home Loan Bank 04/07/2009 200,000.00 201..812.40 200,000.00 3.000 AAA 3.000 1,557 04/07/2014 3133XTLW4 11337 Federal Horne Loan Bank 05112/2009 250,000.00 249. 297.50 250,000.00 3.050 AAA 3.050 1,592 05/12/2014 3133XUVH3 11348 Federal Home Loan Bank 10/06/2009 500,000.00 500 245.00 499,750.00 3.000 AAA 3.011 1,739 10/06/2014 3133XSWU8 11349 Federal Horne Loan Bank 02/18/2009 150,000.00 150.021.00 150,000.00 3.000 AAA 3.000 1,509 02/18/2014 3128X7YA6 11294 Federal Home Loan Mrtgage Corp 06/25/2008 250,000 00 254,060.00 250,000.00 4.020 AAA 4.020 906 06/25/2012 3128X8U141 11332 Federal Horne Loan Mrtgage Corp 04/15/2009 200,000.00 200,453.80 200,000.00 2.000 AAA 2.000 1,565 04/15/2014 3128X8WY4 11333 Federal Home Loan Mrtgage Corp 04/22/2009 300,000.00 300,309,00 300,000.00 3.050 AAA 3.050 1,572 04/22/2014 3128X8YY2 11339 Federal Home Loan Mrtgage Corp 05/19/2009 100,000.00 99,751.00 100,000.00 3.100 AAA 3.100 1,599 05/19/2014 3128X8L34 11341 Federal Home Loan Mrtgage Corp 06/09/2009 250,000.00 249,687.50 250,000.00 3.000 AAA 3.000 1,620 06/09/2014 3128X8N57 11342 Federal Home Loan Mrtgage Corp 06/18/2009 240,000.00 242,253.60 240,000.00 3.000 AAA 3,000 1,629 06/18/2014 3128X8R87 11343 Federal Home Loan Mrtgage Corp 06/23/2009 250,000.00 250,717,50 250,000.00 3.550 AAA 3,550 1,634 06/23/2014 3128X8Q96 11344 Federal Home Loan Mrtgage Corp 06/25/2009 250,000.00 251,510.00 250,000.00 3.250 AAA 3.250 1,636 06/25/2014 3136F93L5 11315 Federal Natl. Mortgage Assoc. 01/21/2009 250,000.00 249,452.50 250,000.00 3.000 AAA 3.000 1,481 01/21/2014 3136FHJF3 11329 Federal Natl. Mortgage Assoc. 04/21/2009 250,000.00 252,345.00 250.000.00 2.000 AAA 2.000 1,571 04/21/2014 31398AXF4 11338 Federal Nall. Mortgage Assoc. 05/12/2009 300.000.00 300,072.00 299,925.00 3.000 AAA 3.005 1,592 05/12/2014 3136F82A2 11266 Fannie Mae 02/12/2008 250. 000.00 264,452.50 250,000.00 4.000 AAA 4.000 1.138 02112/2013 3136F82A2 C 11267 Fannie Mae 02/12/2008 500,000,00 531,070.00 500,000.00 4.000 AAA 4.000 1.138 02/1212013 3136F9087 11274 Fannie Mae 03/11/2008 250,000.00 264,610.00 250,000.00 4.000 AAA 4.000 1 165 03/11,2013 Subtotal and Average 6,772,739.52 6,765,000.00 6,845,109.30 6,764,675.00 3.294 1,469 CalTrust 201-000017-10 11059 CalTrust Subtotal and Average 2,332,100.25 CDARS SYS11327 SYS11347 11327 Neighborhood National Ban( 11347 Neighborhood Naticnal Bank Subtotal and Average 3,000,000.00 2,327,590.73 2,327,590.73 2,327,590.73 0.570 0.570 1 2,327,590.73 2,327,590.73 2,327,590.73 0.570 1 03112/2009 2,000,000.00 2.000,000.08 2,000,000.00 2.750 2.750 433 03/10/2011 09/03/2009 1,000,000.00 1 300,000.00 1,000,000.00 1.500 1.500 244 09/02/2010 3,000,000.00 3,000,000.00 3,000,000.00 2.333 370 Portfolio CNC CC Run DaleC1,19/2010 - '.8.00 PM (PRF PM2) SymRept 6.41. 202b CUSIP City of National City Portfolio Management Portfolio Details - Investments December 31, 2009 Page 4 Average Purchase Stated YTMIC Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Total and Average 41,732,474.27 42,317,063.94 42,443,832.99 Run Dale. 01/19/2010 - 18.20 42,316,738.94 1.354 283 Portfolio CNC CC PM (PRF PM2) SymRept 6.41.202b City of National City, California COUNCIL AGENDA STATEMENT EETING DATE February 2, 2010 AGENDA ITEM NO. 7 ITEM TITLE National City Sales Tax Update —Third Quarter 2009 PREPARED BY Roxanna E. Galvan Accountant Trainee EXPLANATION DEPARTMENT Jeanette Ladri Finance Direc x4331 Background The City has an on -going contract with Hinderliter, de Llamas & Associates (HdL Companies) for revenue management. Staff meets with a representative of HdL on a quarterly basis to review sales tax data and trends within the City and statewide. The HdL companies also review National City property tax data and provides an annual report of the Redevelopment project areas. Newsletter Summary National City sales per capita continues to exceed the County and State average. However, sales tax for the third quarter of 2009 showed a 17% decline in comparison to the same quarter last year. Numerous contributors are responsible for the decline including: the national recession; the decrease in demand for lumber/building materials; the decrease in sales for department, specialty and shoe stores; and the Circuit City closure which caused a major decrease in electronic/appliance stores receipts within the City. This quarter's new car receipts showed the smallest decline in the past seven consecutive quarters. The gain is attributed to the "Cash for Clunkers" program. Economist predict overall smaller sales tax declines in the next two quarters with revenue flattening by FY 2010-11. However, tight credit, high unemployment, price pressures and the end of federal stimulus funding are expected to stall significant recovery until the year after. Athttached is the National City Sales Tax Update for the third quarter of 2009. This newsletter is also available on e City's website. Environmental Review N/A Financial Statement N/A Approved By: Jear ette Ladrido, Finance Director Account No. STAFF RECOMMENDATION Accept and file the newsletter. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. National City Sales Tax Update —Third Quarter 2009 L A-200 (9/80) Q National City In Brief Third quarter receipts were 17% lower than the year-ago period but payment aberrations skewed the data. Excluding anomalies actual results dropped 13.4%. The new auto dealer group contin- ued its recent downtrend but sales gains from the Cash for Clunkers program and improving consumer confidence helped reduce the rate ',cline. Lumber/building mate- esults were also down due to tight credit and reduced construc- tion. Service station totals reflected the drop in fuel prices as compared to record highs one year earlier. De- partment store, specialty store and shoe store groups also showed weak results. The Circuit City clo- sure cut electronics/appliance store receipts. Women's apparel, heavy industrial, and restaurants with liquor catego- ries were all up. Onetime payment aberrations exaggerated heavy in- dustrial increases. New business additions boosted women's apparel and restaurant with liquor amounts. Receipts from voter -approved Measure D were 16.4% lower than a year earlier. With reporting aberrations factored out. all of San Diego County was down 13.1% statewide sales de- r ed 16.2%. SALrFORNLA — ONAL CIT mtv eaeu.>zen ational City Sales Tax Update Fourth Quarter ReceiptsforTbirdQuarterSales(Jul--Sep2009) SALES TAX BY MAJOR BUSINESS GROUP $1,200 ,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $0 Autos and Transportation General Consumer Goods r Restaurants and Hotels TOP 25 PRODUCERS In Alphabetical Order Arco AM PM Ball Honda Acura Mitsubishi & Suzuki Dixieline Lumber Fairbanks Morse Engine Div Frank Motors Harrison Buick Highland Arco In N Out Burgers JC Penney Macys McCune Motors Mossy Nissan One Source Distributors Perry Ford Ron Baker Chevrolet Isuzu Ross South Bay Volkswagen Suzuki Sweetwater Harley Davidson Target Three Wives Univar Venture Petroleum Wal Mart Wescott Mazda Kia Westair Gases & Equipment II3rd Quarter 2008 ■ 3rd Quarter 2009 bioL Fuel and Service Stations Business and Industry Food an d Drugs Building and Construction REVENUE COMPARISON Two Quarters— Fiscal Year To Date Point -of -Sale County Pool State Pool Gross Receipts Less Triple Flip* 2008-09 2009-10 S6,354,654 S5,178,334 734,981 571,007 1,851 5,133 $7,091,485 $5,754,474 $(1,772,871) $(1,438,618) Gross Trans. Tax $4,311,464 $3,797,100 *Reimbursed from county compensation fund Published by The HdL Companies in Winter 2010 www.hdlcompanies.com 1 888.861.0220 OorT HtIL Q3 2009 National City Sales Tax Update Slower Sales Declines With aberrations factored out, state- wide sales tax receipts for July through September declined 16.4% from the same quarter of 2008. It is anticipat- ed that this will be the last quarter of comparative double digit decreases as the recession begins to bottom out. This quarter's declines were led by a 32.6% fall from last year's spike in fuel prices and another 25.2°io drop ul tax receipts from building and construc- tion materials. The 9.9% decline in new car receipts was the smallest decrease in this cat- egory in seven consecutive quarters. The "cash for clunkers" program was partially responsible for the lower contraction although the tax benefits were muted as exempt federal rebates reduced the taxable values of cars pur- chased under the program by an aver- age of $4,200. Edrnunds.com estimates that 72% of the purchases would have occurred without the rebate which, if true, means that the program accomplished its goal of accelerating the clearing of inventories to get auto workers back to work but partially borrowed from future sales. A 10.1% drop in tax revenues from general consumer goods was attrib- uted to falling prices and continuing weak sales in home furnishings, appli- ances and electronics, as well as dis- appointing back to school purchases which normally constitute the second largest retail season of the year. But Slow Recovery Prognostications are for overall smaller sales tax declines in the next two quar- ters with revenues flattening out by fiscal year 2010/2011. However, tight credit, high unemployment, price pres- sures and the end of federal stimulus funding are expected to stall significant recovery until the year after. Triple Flip Woes The state's attempts to borrow its way out of its budget problems continued to create havoc with local government fiscal planning with this year's 27.6°/0 average cutback in triple flip backfill payments. In order to get around the state's flag- ging bond rating, the borrowing ap- proved by voters in 2004 to close that year's deficit pledged a portion of lo- cal sales tax revenues to guarantee the bonds. The complex scheme to back - fill the confiscated local sales tax with property tax revenues is referred to as the "triple Rip." Although the deduction occurs in real time, the estimated backfill is set by the state Department of Finance be- fore the fiscal year begins. Last year's overly optimistic revenue projections resulted in overpayments to most lo- cal agencies thereby resulting in sub- stantially lower estimates and negative adjustments in this year's backfills to individual agencies. The 2004 bonds are currently esti- mated to be paid and the triple flip ended by April of 2016. Stimulus Update Approximately two thirds of the esti- mated $85 billion in federal stimulus flowing to California is expected to have been spent by the end of this fis- cal year with the bulk filling state bud- get gaps in education, health and hu- man services, as well as providing tax relief to individuals and businesses. The $20.5 billion portion available for public capital irnprovement projects is half committed with actual expendi- tures expected to begin later in 2010. SALES PER CAPITA $6,000 $6,000 $4,000 $2,000 $0 Q3 06 National City Q3 07 County� 03 Wa 08 09 Cardornia NATIONAL CITY TOP 15 BUSINESS TYPES Business Type New Motor Vehicle Dealers Discount Dept Stores Restaurants No Alcohol Service Stations Family Apparel Department Stores Specially Stores Women's Apparel Used Automotive Dealers Lumber/Building Materials Heavy Industrial Shoe Stores Auto Lease Electronics/Appliance Stores Restaurants Liquor Total All Accounts County 8, State Pool Allocation Gross Receipts National City County HdL State Q3 '09* Change Change Change $842.4 -0.0% -6.0% -9.8% 213.8 -0.6% -5.4% -4.4% 203.0 -7.3% -12.1% -10.1% 183.5 -23.5% -28.5% -28.7% 135.3 -4.1% 1.3% 1.4% 105.4 -11.8% -12.7% -13.7% 76.8 -9.4% -3.6% -10.1% 74.4 4.1% -12.4% -11.1% 61.5 1.1% -22.1% -13.5% 60.2 -64.5% -14.5% -14.7% 57.1 23.0% -34.7% -32.0% 48.9 -6.9% -5.9% -0.3% 42.9 0.8% -17.0% -17.5% 42.7 -02.8% -10.1% -13.7% 42.4 42.5% -2.1% -4.0% $2,627.1 •16.3% •13.0% -13.9% 292.9 -22,6% $2,919.9 -17.0% *In thousands City of National City, California COUNCIL AGENDA STATEMENT ETING DATE February 2, 2010 AGENDA ITEM NO. 8 ITEM TITLE An Ordinance of the City Council of the City of National City adopting the Standard Urban Storm Water Mitigation Plan (SUSMP) Manual, and repealing Ordinance 2008-2307 Barby Tipton Engineering PREPARED BY DEPARTMENT EXT. 4583 EXPLANATION On January 24, 2007, The San Diego Regional Water Quality Control Board issued the National Pollutant Discharge Elimination System (NPDES) permit No. CAS0108758, Order No. R9-2007-001 which required changes to Ordinance 2002-2213, Standard Urban Stormwater Mitigation Plan (SUSMP). Ordinance 2008-2307 was adopted addressing the requirements and repealing Ordinance No. 2213. The aforementioned permit also required that additional updates be implemented prior to March 24, 2010. The intent of the update is to protect and enhance the water quality of the watercourse, water bodies and wetlands in a manner pursuant to and consistent with the Clean Water Act and the San Diego RWQCB NPDES Permit; essentially pertaining to land disturbing activities considered priority development projects as defined in the SUSMP Manual. This is a companion item to the Ordinance amending various sections of Chapter 14.22 of the Municipal Code regarding National City Storm Water Management and Discharge Control. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Introduce Ordinance 2 BOARD/COMMISSION RECOMMENDATION -yk ✓r �-1AJ 4/ ATTACHMENTS (Listed Below) Resolution No. 1. Ordinance 2. Standard Urban Stormwater Mitigation Plan (SUSMP) Manual A-200 (Rev. 7/03) ORDINANCE NO. 2010 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE STANDARD URBAN STORMWATER MITIGATION PLAN (SUSMP) MANUAL, AND REPEALING ORDINANCE NO. 2008-2307 WHEREAS, on January 24, 2007, the San Diego Regional Water Quality Control Board issued the National Pollutant Discharge Elimination System (NPDES) permit No. CAS0108758, Order No. R9-2007-001, requiring changes to the City's Standard Urban Stormwater Mitigation Plan (SUSMP) Manual. NOW, THEREFORE, the City Council of the City of National City does hereby ordain as follows: Section 1. Introduction of the Standard Urban Stormwater Mitigation Plan (SUSMP) Manual. The City Council of the City of National City introduces the Standard Urban Stormwater Mitigation Plan (SUSMP) Manual, attached hereto as Appendix "A", hereafter abbreviated as "SUSMP Manual", as the City of National City's program for management of stormwater runoff. A copy of Appendix "A" shall be kept on file in the Office of the City Engineer. Section 2. Implementation and administration. All City departments, under the direction of the City Manager, shall implement, administer, and enforce the provisions of the SUSMP Manual, and shall modify their administrative procedure for permit issuance and plan approval accordingly. In case of a conflict between a provision of the Municipal Code and the SUSMP Manual, the SUSMP Manual, shall take precedence, unless the City Manager determines that compliance is impossible, impractical or is not in the public's best interest. In this event, the City Manager shall immediately advise the City Council and recommend appropriate measures for resolution. Section 3. Department review. To the extent not already provided for, City department directors, under the direction of the City Manager, will review and propose amendments to the Municipal Code that are or may become necessary for the further implementation of the SUSMP Manual. Section 4. Criminal and administrative enforcement. The mandatory provisions and prohibitions of the SUSMP Manual shall be enforceable as misdemeanors pursuant to Section 1.20.010 of the National City Municipal Code, and administrative penalties may be imposed in accordance with Chapters 1.44 or 1.48 of the National City Municipal Code, as appropriate. Section 5. Repeal of previous ordinance. Ordinance No. 2008-2307 is hereby repealed. PASSED and ADOPTED this day of , 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk George H. Eiser, III, City Attorney The City of National City STANDARD URBAN STORM WATER MITIGATION PLAN (SUSMP) MANUAL CALIFORNIA SNAL cin'Y e V INCORPORATED Adopted February 2010 GLOSSARY HOW TO USE THE STORM WATER BEST MANAGEMENT PRACTICES MANUAL 1 ► Plan Ahead to Avoid the Three Most Common Mistakes 2 CHAPTER 1. POLICIES AND PROCEDURES 3 Background 3 Legal Framework 4 A Low Impact Development Design Procedure 5 Requirements for All Development Projects 5 Priority Development Projects 6 ► New Development 6 ► Previously Developed Sites 6 ► The "50% Rule" for Previously Developed Projects 7 Project Review and Permitting Process 7 Compliance Process at a Glance 9 ► Additional Notes on Compliance 10 Phased Projects 10 New Subdivisions 11 Compliance with Flow -Control Requirements 12 ► Option 1: Continuous Simulation 13 ► Option 2: LID Integrated Management Practices 13 ► Option 3: Exemption from Hydromodification Management 13 Waivers from Numeric Sizing Criteria 14 CHAPTER 2. CONCEPTS AND CRITERIA 15 Water -Quality Regulations 16 ► Maximum Extent Practicable 17 ► Best Management Practices 17 Pollutants of Concern 17 ► Grouping of Potential Pollutants of Concern 17 City of National City SUSMP Manual 10- Identifying Pollutants of Concern Based on Land Uses 19 ▪ Watersheds with Special Pollutant Concerns 19 Selection of Permanent Source Control BMPs 22 Selection of Storm Water Treatment Facilities 22 Hydrology for NPDES Compliance 25 Imperviousness 25 • Low Impact Development Requirements 26 I. Sizing Requirements for Storm Water Treatment Facilities 26 10- Flow -Control (Hydromodification Management) 27 Criteria for Infiltration Devices 27 11. Most LID Features and Facilities Are Not Infiltration Devices 28 CHAPTER 3. PREPARING YOUR PROJECT SUBMITTAL 30 Step by Step 33 Step 1: Assemble Needed Information 33 Step 2: Identify Constraints & Opportunities 35 Step 3: Prepare and Document Your LID Design 35 Step 4. Specify Source Control BMPs 36 • Identify Pollutant Sources 37 • Note Locations on Submittal Drawing 37 • Prepare a Table and Narrative 37 I.- Identify Operational Source Control BMPs 37 Step 5: Storm Water Facility Maintenance 38 Step 6: Complete Your Project Submittal 38 I. Coordination with Site, Architectural, and Landscaping Plans 38 I. Construction Plan SUSMP Checklist 39 0- Certification 40 I. Example Project Submittal Outline and Contents 41 O. Specific Project Considerations 42 CHAPTER 4. LOW IMPACT DEVELOPMENT DESIGN GUIDE 43 Analyze Your Project for LID 44 Optimize the Site Layout 45 • Use Pervious Surfaces 47 • Disperse Runoff to Adjacent Pervious Areas 47 ▪ Direct Runoff to Integrated Management Practices 47 Develop and Document Your Drainage Design 49 Step 1: Delineate Drainage Management Areas 49 I. Step 2: Classify DMAs and Determine Runoff Factors SO City of National City SUSMP Manual 3 ► Step 3: Tabulate Drainage Management Areas 53 ► Step 4: Select and Lay Out IMPS on Site Plan 54 ► Step 5: Review Sizing for Each IMP 54 ► Step 6: Calculate Minimum Area and Volume of Each IMP 55 ► Step 7: Determine if Available Space for IMP Is Adequate 56 ► Step 8: Complete Your Summary Report 56 Specify Preliminary Design Details .. 58 Alternatives to Integrated LID Design 59 ► Design of Altemative Treatment Facilities 59 ► Treatment Facilities for Special Circumstances 61 CHAPTER 5. OPERATION & MAINTENANCE OF STORM WATER FACILITIES 62 Stage 1: Ownership and Responsibility 63 ► Private Ownership and Maintenance 64 ► Transfer to Public Ownership 65 Stage 2: General Maintenance Requirements 65 Stage 3: Detailed Maintenance Plan 66 ► Your Detailed Maintenance Plan: Step by Step 66 I. Step 1: Designate Responsible Individuals 66 I. Step 2: Summarize Drainage and BMPs 67 ► Step 3: Document Facilities "As Built" 67 ► Step 4: Prepare Maintenance Plans for Each Facility 68 ► Step 5: Compile Maintenance Plan 68 ► Step 6: Updates 70 Stage 4: Interim Maintenance 71 Stage 5: Transfer Responsibility 71 Stage 6: Operation & Maintenance Verification 71 City of National City SUSMP Manual 4 Appendices APPENDIX A: NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROJECT APPLICABILITY FORM APPENDIX B: LID IMP DESIGN SHEETS APPENDIX C: STORM WATER POLLUTANT SOURCES AND SOURCE CONTROL CHECKLIST APPENDIX D: BIBLIOGRAPHY AND SUGGESTED RESOURCES Figures FIGURE 1-1 SUSMP REVIEW FLOW -CHART 8 FIGURE 4-1 SELF -TREATING AREAS 1 FIGURE 4-2 SELF -RETAINING AREAS 1 FIGURE 4-3 RELATIONSHIP OF IMPERVIOUS TO PERVIOUS AREA 1 FIGURE 4-4 MORE THAN ONE DMA CAN DRAIN TO ONE IMP 1 FIGURE 4-5 ONE DMA CANNOT DRAIN TO MORE THAN ONE IMP 1 Tables TABLE 2-1 ANTICIPATED AND POTENTIAL POLLUTANTS BY LAND USE 20 TABLE 2-2 CITY OF NATIONAL CITY RECEIVING WATER BODIES 21 TABLE 2-3 GROUPING OF POTENTIAL POLLUTANTS OF CONCERN 22 TABLE 2-4 GROUPS OF POLLUTANTS AND RELATIVE EFFECTIVENESS OF FACILITIES 23 TABLE 3-1 FORMAT FOR TABLE OF SOURCE CONTROL MEASURES 37 TABLE 3-2 CONSTRUCTION PLAN CHECKLIST 39 TABLE 4-1 IDEAS FOR RUNOFF MANAGEMENT 45 TABLE 4-2 EXAMPLE RUNOFF FACTORS 52 TABLE 4-3 FORMAT FOR TABULATING SELF -TREATING AREAS 54 TABLE 4-4 FORMAT FOR TABULATING SELF -RETAINING AREAS 54 TABLE 4-5 FORMAT FOR TABULATING AREAS DRAINING TO SELF -RETAINING AREAS 54 TABLE 4-6 IMP SIZING FACTORS 54 TABLE 4-7 FORMAT FOR PRESENTING CALCULATIONS OF MINIMUM IMP AREAS 55 TABLE 5-1 SCHEDULE FOR PLANNING BMP OPERATION AND MAINTENANCE 65 Checklists EXAMPLE PROJECT SUBMITTAL CHECKLIST 31 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROJECT APPLICABILITY FORM APPENDIX A STORM WATER POLLUTANT SOURCES AND SOURCE CONTROL BMP CHECKLIST APPENDIX C City of National City SUSMP Manual 5 Attached Residential Development Any development that provides residential units that share an interior/exterior wall This category includes, but is not limited to: dormitories, condominiums, and apartments_ A facility that is categorized in any one of the following Standard Industrial Automotive Repair Shop Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. Any procedure or device designed to minimize the quantity of pollutants that enter the storm drain system. BMPs also include treatment requirements, operating procedures and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from taw material storage. lliis manual groups storm water Best Management BMPs into the following categories: (1) Construction Storm Water BMPs, which are Practice (BMP) practices, procedures, devices or materials used to prevent the transport and introduction of pollutants both on and from a project during construction; and (2) Permanent Storm Water BMPs, which are the Low impact Development design features, source control features, and treatment control BMPs that become a permanent part of a project site_ California Association of Publisher of the California Stormwater Best Management Practices Handbooks, Stormwater Quality available at www.cabmphandbooks.com. Successor to the Storm Water Quality Task Agencies (CASQA) Force (SWQTF). A method for determining the required volume of storm water treatment facilities. California BMP Method Described in Section 5.5.1 of the California Stormwater Rest Management Practice Manual (New Development) (CASQA, 2003). Commercial development is defined as any development on private land that is riot for heavy industrial or residential uses. The category includes, but is not limited to, hospitals; laboratories and other medical facilities; educational institutions; recreational facilities; municipal facilities; commercial nurseries; multi -apartment buildings; car wash facilities; mini -malls and other business complexes; shopping malts; hotels; Commercial Development office buildings; public warehouses; automotive dealerships; commercial airfields; and other Tight industrial facilities_ Any development on private land that is not exclusively industrial or residential uses. The Priority Development Project category is defined as commercial developments resulting in the disturbance of one acre or more of land. Requirements a municipality may adopt for a project in connection with a discretionary action (e.g., adoption of an HER or negative declaration or issuance of a Conditions of Approval use permit). COAs may include features to be incorporated into the final plans for (COAs) the project and may also specify uses, activities, and operational measures that must be observed over the life of the project Continuous Simulation Modeling A method of hydrological analysis in which a set of rainfall data (typically hourly for 30 years or more) is used as input, and runoff rates are calculated on the same time step. The output is then analyzed statistically for the purposes of comparing runoff patterns under different conditions (for example, pre- and post -development -project). City of National City SUSMP Manual 6 Copermittees Detached Residential Development Detention See Dischargers. Any development that provides freestanding residential units. This category includes, but is not limited to: detached homes, such as single-family homes and detached condominiums. The practice of holding storm water runoff in ponds, vaults, within berms, or in depressed areas and letting it discharge slowly to the storm drain system. See definitions of infiltration and retention. Directly Connected Any impervious surface which drains into a catch basin, area drain, or other Impervious Area conveyance structure without first allowing flow across pervious areas (e.g. lawns). Direct Infiltration Dischargers Drainage Management Areas Drawdown time Infiltration via methods or devices, such as dry wells or infiltration trenches, designed to bypass unsaturated surface soils and transmit runoff directly to groundwater_ The agencies named in the storm water NPDES permit (see definition): the County of San Diego; the Cities of Carlsbad, El Cajon, National City, Poway, Solana Beach, Chula Vista, Encinitas, lemon Grove, San Diego, Vista, Coronado, Escondido, National City, San Marcos, Del Mar, Imperial Beach, Oceanside, and Santee; the San Diego Unified Port District, and the San Diego County Regional Airport Authority. Areas delineated on a map of the development site showing how drainage is detained, dispersed, or directed to Integrated Management Practices. There are four types of Drainage Management Areas, and specific criteria apply to each type of area. See Chapter 4. The time required for a storm water detention or infiltration facility to draiu and return to the dry -weather condition. For detention facilities, drawdown time is a function of basin volume and outlet orifice size. For infiltration facilities, drawdown time is a function of basin volume and infiltration rate. City of National City SUSMP Manual 7 Environmentally Sensitive Areas Flow Control Areas that include but arc not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the City of National City. This Priority Development Project category includes all development and redevelopment located within or directly adjacent to or discharging directly to an envirotmtentally sensitive area (where discharges from the development or redevelopment will enter receiving waters within the environmentally sensitive arca), which either creates 2,500 square feet of impervious surface on a proposed project site or increases the area of imperviousness of a proposed project site to 10 percent or more of its naturally occurring condition. "Directly adjacent" means situated within 200 feet of the Environmentally Sensitive Area (ESA). "Discharging directly to "means outflow from a drainage conveyance system that is composed entirely of flows from the subject development or redevelopment site, and not commingled with flows from adjacent lands. Control of runoff rates and durations as required by the Hydromodification Management Plan. In hydraulics, energy represented as a difference in elevation. In slow -flowing open Head systems, the difference in water surface elevation, e.g., between an inlet and outlet A hiotilter with a design surface loading rate higher than the 5 inches per hour rate Higher -Rate Biofilter specified in this document for bioretention facilities and planter boxes. Hillside Hillside Development Greater Than 5,000 Square Feet Lands that have a natural gradient of 25 percent (4 feet of horizontal distance for every 1 foot of vertical distance) of greater and a minimum elevation differential of 50 feet, or a natural gradient of 200 percent (1 foot of horizontal distance for every 2 feet of vertical distance) or greater and a minimum elevation differential of 10 feet This Priority Development Project category includes any development which creates 5,000 square feet of impervious surface which is located in an area with known erosive soil conditions, where the development will grade any natural slope that is 25 percent or greater_ Hydrograph Runoff flow rate plotted as a function of time. The change in the natural hydrologic processes and runoff characteristics (i.e_ interception, infiltration, overland flow, interflow, and groundwater flow) caused by urbanization or other land use changes that result in increased stream flows and Hydromodification changes in sediment transport. In addition, alteration of stream and river channels, installation of dams and water impoundments, and excessive stream bank and shoreline erosion are also considered hydromodification, due to their disruption of natural watershed hydrologic processes. City of National City SUSMP Manual 8 A Plan implemented by the dischargers so that post -project runoff shall not exceed Hydromodification estimated pre -project rates and/or durations, where increased runoff would result in Management Plan (HMP) increased potential for erosion or other adverse impacts to beneficial uses_ Also see definition for flow control. Hydrologic Soil Group Industrial Development Impervious surface Classification of soils by the Natural Resources Conservation Service (NRCS) into A, B, C, and D groups according to infiltration capacity. Industrial facilities include those defined at 40 CFR 122.26(6)(14), including those subject to the General Industrial Permit or other individual NPDES permit, operating and closed landfills, facilities subject to SARA Title III, and hazardous waste treatment, disposal, storage and recovery facilities. Examples of industrial facilities includes manufacturing plants, food processing plants, metal working facilities, printing plants, and fleet storage areas (bus, truck, etc). The Priority Development Project category includes development of heavy industry resulting in the disturbance of one acre or more of land. Any material that prevents or substantially reduces infiltration of water into the soil. Sec discussion of imperviousness in Chapter Two. As applied to best management practices, impossible to implement because of Infeasible technical constraints specific to the site. Infiltration Seepage of runoff into soils underlying the site_ See definition of retention. Any structure, such as a dry well, that is designed to infiltrate storm water into the Infiltration Device subsurface and, as designed, bypasses the natural groundwater protection afforded by surface or near -surface sod. See definition for direct infiltration_ Integrated Management Practice (IMP) A facility (BMP) that provides small-scale treatment, retention, and/or detention and is integrated into site layout, landscaping, and drainage design. See Low Impact Development. An approach to pest management that relies on information about the life cycles of Integrated Pest pests and their interaction with the environment Pest control methods are applied Management (IPM) with the most economical means and with the least possible hazard to people, property, and the environment. Pursuant to NPDES permit Provision D.1.d.g.(6), the City of National City prepared Interim Hydromodification Interim Hydromodification Management criteria, which apply to projects disturbing Criteria 50 acres or more_ The criteria are described in Chapter 2 and in memoranda on the Project Clean Water website. A written description of the specific jurisdictional urban runoff management measures Jurisdictional Urban and programs that the City of National City implements to comply with the storm Runoff Management Plan water NPDES permit and ensure pollutant discharges are reduced to the MEP and (JURMP) do not cause or contribute to a violation of water quality standards. See Storm Water Pollution Prevention Program. City of National City SUSMP Manual 9 Lead Agency Low Impact Development Maximum Extent Practicable (MEP) National Pollutant Discharge Elimination System (NPDES) Natural Drainage New Development The public agency that has the principal responsibility for carrying out or approving a project. (CEQA Guidelines 15367). An integrated site design methodology that uses small-scale detention and retention (Integrated Management Practices, or 1MPs) to mimic pre-existing site hydrological conditions. Standard, established by the 1987 amendments to the Clean Water Act, for the implementation of municipal storm water pollution prevention programs (see definition)- According to the Act, municipal storm water NPDES permits "shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including [management practices, control techniques and system, design and engineering methods, and such other provisions as the Administrator or the State detemnines appropriate for the control of such pollutants_" As part of the 1972 Clean Water Act, Congress established the NPDES permitting system to regulate the discharge of pollutants from municipal sanitary sewers and industries. The NPDES was expanded in 1987 to incorporate permits for storm water discharges as well. A natural swale or topographic depression which gathers and/or conveys runoff to a permanent or intermittent watercourse or waterbody. Land disturbing activities; surface grading for structural development, including construction or installation of a building or structure, the creation of impervious surfaces; and land subdivision. Sizing requirements for storm water treatment facilities established in Provision Numeric Criteria D.1 d.(6)(c) of the San Diego RWQCB's storm water NPDES permit. Refersto requirements in the Storm Water NPDES Permit to inspect treatment Operation and BMPs and implement preventative and corrective maintenance in perpetuity. See Maintenance (O&M) Chapter Five. Parking Lot Permeable Pavements Pollutant Generating Development Project A land area or facility for the temporary parking or storage of motor vehicles used personally, for business, or for commerce. This Priority Development Project category includes parking Tots 5,000 square feet or more or with 15 or more parking spaces and potentially exposed to urban runoff_ Pavements for roadways, sidewalks, or plazas that are designed to infiltrate a portion of rainfall, including pervious concrete, pervious asphalt, unit -pavers -on -sand, and crushed graveL Generally all projects which include impervious surfaces and/or introduce landscaping that requires routine use of fertilizers and pesticides are considered pollutant generating above background levels. Linear pathway projects that are for infrequent vehicle use, such as emergency or maintenance access, or for pedestrian or bicycle use, are not considered pollutant generating above background levels if they are built with pervious surfaces or if they sheet flow to surrounding pervious surfaces. City of National City SUSMP Manual 10 Priority Development A project subject to SUSMP requirements. Defined m Storm Water NPDES Permit Project Provision D.1.d.(1). See Appendix A. Project Area Projects Discharging to Receiving Waters within Environmentally Sensitive Areas" The entire project area comprises all areas to be altered or developed by the project, plus any additional areas that dram on to areas to be altered or developed. All development and significant redevelopment that would create 2,500 square feet of impervious surfaces or increase the area of imperviousness of a project site to 10%u or more of its naturally occurring condition, and either (1) discharge urban runoff to a receiving water within or directly adjacent (where any portion of the project footprint is located within 200 feet of the environmentally sensitive area) to an environmentally sensitive area or (2) discharge to a receiving water within an environmentally sensitive area without mixing with flows from adjacent lands (where the project footprint is located more than 200 feet from the environmentally sensitive area). Project Footprint The limits of all grading and ground disturbance, including landscaping, associated with a project. Project Submittal Proprietary Receiving Waters Redevelopment Documents submitted to the City of National City in connection with an application for development approval and demonstrating compliance with Storm Water NPDES Permit requirements for the project A proprietary device is one marketed under legal right of the manufacturer. Surface bodies of water, which directly or indirectly receive discharges from urban runoff conveyance systems, including naturally occurring wetlands, streams (perennial, intermittent, and ephemeral [exhibiting bed, hank, and ordinary high water mark)), creeks, rivers, reservoirs, lakes, lagoons, estuaries, harbors, bays and the Pacific Ocean_ National City will determine the definition for wetlands and the limits thereof for the purposes of this definition as protective as the United States Environmental Protection Agency. Constructed wetlands are not considered wetlands under this definition, unless the wetlands were constructed as mitigation for habitat loss. Other constructed BMPs are not considered receiving waters under this definition, unless the BMP was originally constructed in receiving waters. Construction of treatment control BMPs in "Receiving Waters" is prohibited and therefore may not be used to satisfy SUSMP requirements. The creation, addition, and or replacement of impervious surface on an already developed site. Examples include the expansion of a building footprint, road widening, the addition to or replacement of a structure, and creation or addition of impervious surfaces. Replacentent of impervious surfaces includes any activity that is not part of a routine maintenance activity where impervious material(s) are removed, exposing underlying soil dining construction_ Redevelopment does not include trenching and resurfacing associated with utility work; resurfacing and reconfiguring surface parking lots and existing roadways; new sidewalk construction, pedestrian ramps, or bike lane on existing roads; and routine replacement of damaged pavement, such as pothole repair. Rational Method A method of calculating runoff flows hased on rainfall intensity, tributary area, and a factor representing the proportion of rainfall that runs off. City of National City SUSMP Manual 11 Regional (or Watershed) Storm water Treatment Facility Regional Water Quality Control Board (Regional Water Board or RWQCB) Residential Development A facility that treats runoff from more than one project or parcel. California RWQCBs are responsible for implementing pollution control provisions of the Clean Water Act and California Water Code within their jurisdiction. There are nine California R WQCBs. Any development on private land that provides living accommodations for one or more persons, including but not limited to: single-family homes, multi -family homes, condominiums, and apartments. This Priority Development Category is defined as housing subdivisions resulting in the disturbance of one acre or more of land or comprised of 10 or more dwelling units. Residential Development Any development that provides 10 or more residential units. Residential units can be of 10 Units or More attached or detached. Restaurant Retail Gasoline Outlets (RGOs) Retention Self -retaining area Self -treating area Significant Redevelopment "Restaurant" means a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812), where the land area for development is greater than 5,000 square feet. Restaurants where land development is less than 5,000 square feet shall meet all SUSMP requirements except for structural treatment LIMP, numeric sizing criteria requirement, and hydromodification requirement. This Priority Development Project category includes RGOs that meet the following criteria: (a) 5,000 square feet or more, or (h) a projected average daily traffic (AM) of 100 or more vehicles per day. The practice of holding storm water in ponds or basins, or within berms or depressed areas, and allowing it to slowly infiltrate into underlying sods. Some portion will evaporate. Sec definitions for infiltration and detention_ Anarea designed to retain runoff. Self -retaining areas may include graded depressions with landscaping or pervious pavements and may also include tributary impervious areas up to a 2:1 impervious -to -pervious ratio. A natural, landscaped, or turf area drains directly off site or to the public storm drain system. Redevelopment that would create or add or replace at least 5,000 square feet of impervious surfaces on an already developed site that falls under one or more priority development project categories- When redevelopment results in an increase of, or replacement of, 50% or more of the previously existing impervious surface, and the existing development was not subject to SUSMP requirements, then the entire project must be included in the treatment measure design. If less than 50% of the previously impervious surface is to be affected, only that portion must be included in the treatment measure design. City of National City SUSMP Manual 12 Source Control Standard Industrial Classification (SIC) Storm Water NPDES Permit Land use or site planning practices, or structural or nonstructural measures that aim to prevent urban runoff pollution by reducing the potential for contamination at the source of pollution. Source control BMPs minimize the contact between pollutants and urban runoff. A Federal government system for classifying industries by 4-digit code. It is being supplanted by the North American Industrial Classification System but SIC codes are still referenced by the Regional Water Board in identifying development sites subject to regulation under the NPDES permit. Information and an SIC search function are available at http://www.bis.gov/bis/NAICS.htm A permit issued by a Regional Water Quality Control Board (see definition) to local government agencies (Dischargers) placing provisions on allowable discharges of municipal storm water to waters of the state. A plan providing for temporary measures to control sediment and other pollutants Storm Water Pollution during construction as required by the statewide storm water NPDES permit for Prevention Plan (SWPPP) construction activities. A SWPPP is required for projects causing land disturbance of one acre or more. Storm Water Pollution Prevention Program Standard Urban Storm Water Mitigation Plan (SUSMP) Streets, Roads, Highways, and Freeways A comprehensive program of activities designed to minimize the quantity of pollutants entering storm drains. See Jurisdictional Urban Runoff Management Plan. Refers to various documents prepared in connection with implementation of the storm water NPDES permit mandate to control pollutants from new development and redevelopment. The City of National City has adopted this SUSMP Manual, adapted from the model countywide SUSMP. Applicants for development project approvals will use this SUSMP Manual to prepare a submittal for each Priority Development Project they propose. This Priority Development Project category includes any paved surface that is 5,000 square feet or greater used for the transportation of automobiles, trucks, motorcycles, and other vehicles. For the purposes of SUSMP requirements, Streets, Roads, Highways and Freeways do not include trenching and resurfacing associated with utility work; applying asphalt overlay to existing pavement; new sidewalk, pedestrian ramps, or bike lane construction on existing roads; and replacement of damaged pavement. Treatment Removal of pollutants from runoff, typically by filtration or settling. Any engineered system designed and constructed to remove pollutants from urban Treatment Control runoff. Pollutant removal is achieved by simple gravity settling of particulate (Structural) BMP pollutants, filtration, biological uptake, media adsorption, or any other physical, biological, or chemical process. Water Board Sec Regional Water Quality Control Board. City of National City SUSMP Manual 13 Water Quality Volume (WQV) For storm water treatment facilities that depend on detention to work, the volume of water that must be detained to achieve maximum extent practicable pollutant removal. This volume of water must be detained for a specified drawdown time. City of National City SUSMP Manual 14 STORM WATER QUALITY COMPLIANCE RaiarCthiteni1 and2trigtageneral umlattarr%irvithe trepinmeil T`,ennfilGnvli y step inrharctimarinCtpter-3toprr jnurPmjetSubrrilaL THIS Storm Water Best Management Practices Manual (SUSMP Manual) will help you ensure your project complies with the Local Standard Urban Storm Water Mitigation Plan (SUSMP) requirements of National City (City). Most applicants will require the assistance of a qualified civil engineer, architect, and/or landscape architect. Because every project is different, you should begin by checking specific requirements with City staff. To use the SUSMP Manual, start by completing Appendix A to find out how storm water quality requirements apply to your project. Chapter One provides an overview of the process of planning, design, construction, operation, and maintenance leading to compliance with post -construction SUSMP requirements. If there are terms and issues you find confusing, try finding answers in the glossary or in Chapter Two. Chapter Two provides background on kcy storm water concepts and water quality regulations, including design criteria. Then proceed to Chapter Three and follow the step -by step guidance to prepare a Project Submittal for your site. Chapter Four, the Low Impact Development Design Guide, includes design procedures, calculation procedures, and instructions for presenting your design and calculations in your Project Submittal. In Chapter Five you'll find a detailed description of the process for ensuring operation and maintenance of your storm water facilities over the life of the project. The chapter includes City of National City t SUSMP Manual 15 START: HOW TO USE THE SUSMP step-by-step instructions for preparing a Storm Water Facilities Operation and Maintenance Plan. Throughout each Chapter, you'll find references and resources to help you understand the regulations, complete your Project Submittal, and design storm water control measures for your project. The most recent, updated version of the SUSMP Manual is available electronically and is also available for purchase in hard copy from the City's Engineering Division. The electronic SUSMP Manual is in Adobe Acrobat format. If you are reading the Acrobat version on a computer with an internet connection, you can use hyperlinks to navigate the document and to access various references. The hyperlinks are throughout the text, as well as in "References and Resources" sections and in Appendix D. Some of these links (IJRLs) may he outdated. In that case, try entering portions of the title or other keywords into a web search engine. Construction -Phase Controls Your Project Submittal for SUSMP compliance is a separate document from the Storm Water Pollution Prevention Plan (SWPPP). A SWPPP provides for temporary measures to control sediment and other pollutants during construction at sites that disturb one acre or more. See the Construction Handbook at cbmphandbooks.org for more information on SWPPPs. PLAN AHEAD TO AVOID THE THREE MOST COMMON MISTAKES The most comrnon (and costly) errors made by applicants for development approvals with respect to storm water quality compliance are: 1. Not planning for compliance early enough. You should think about your strategy for storm water quality compliance before completing a conceptual site design or sketching a layout of subdivision lots (Chapter 3). 2. Assuming proprietary storm water treatment facilities will be adequate for compliance. Most aren't (Chapter 2). 3. Not planning for periodic inspections and maintenance of treatment and flow - control facilities. Consider who will own and who will maintain the facilities in perpetuity and how they will obtain access, and identify which arrangements are acceptable to the City of National City (Chapter 5). City of National City 2 SUSMP Manual 16 STORM WATER QUALITY COMPLIANCE Determine OgurG tizentp1"yY'Cimustcoil ;nth _dorm ntderqualAn uinynen4 and renew the, .Itepr to cons jriniE Urban runoff discharged from municipal storm water conveyance systems has been identified by local, regional, and national research programs as one of the principal causes of water quality problems in most urban areas. The City of National City's storm water conveyance system, which collects runoff from our streets, rooftops, driveways, parking lots, and other impervious areas, flows directly to our rivers, beaches, and bays without receiving treatment (our storm water conveyance system is separate from our sanitary sewer system). Urban runoff potentially contains a host of pollutants like trash and debris, bacteria and viruses, oil and grease, sediments, nutrients, metals, and toxic chemicals. These contaminants can adversely affect receiving arid coastal waters, associated wildlife, and public health. Urban runoff pollution is not only a problem during rainy seasons, but also year-round due to many types of urban water use that discharge runoff (dry weather flow) to the stoup water conveyance system. Land development and construction activities significantly alter drainage lratterns and contribute pollutants to urban runoff primarily through erosion and removal or change of existing natural vegetation during construction, and the creation of new impervious surfaces, such as parking Lots, which often permanently contribute pollutants throughout the "use" of the project site. When homes, work places, recreational areas, roads, parking lots, and structures are built, new impervious areas are built- creating the potential for an impact to water quality. The natural landscape's ability to infiltrate and cleanse storm water and urban runoff is "capped" by the impervious surfaces. As impervious surfaces increase, water that normally would have percolated into the soil now flows over the land surface directly to downstream wetlands, creeks, and eventually the Pacific Ocean. Accordingly, increases in impervious cover can increase the frequency and intensity of storm water flows. Second, new impervious surfaces often become a source of pollutants associated with development, such as automotive fluids, cleaning solvents, toxic or hazardous chemicals, detergents, sediment, metals, pesticides, oil and grease, and food wastes. These pollutants, which are often temporarily captured on impervious surfaces, arc City of National City 3 SUSMP Manual 17 CHAPTER 1: POLICIES AND PROCEDURES transported to the storm water conveyance system by storm water and urban runoff. The pollutants flow untreated through the storm water conveyance system and ultimately into our creeks, rivers, beaches, and bays. With the growing concerns of urban runoff and storm water pollution, local, state, and federal agencies devised regulations requiring development planning and construction controls to treat storm water -related pollution from new development projects before it reaches any receiving waters. On February 21, 2001, the San Diego Regional Water Quality Control Board (Regional Board) issued the Municipal Storm Water National Pollutant Discharge Elimination System (NPDES) Permit (Order No. 2001-01), to the City of National City, the County of San Diego, the Port of San Diego, and 16 other cities in the region. This order required the development and implementation of storm water regulations addressing storm water pollution issues in development planning and construction associated with private and public development projects. In order to comply with the conditions of Order No. 2001-01, the City of National City adopted the National City Storm Water Management and Discharge Control Ordinance ("Storm Water Ordinance") codified in Chapter 14.22.010 of the National City Municipal Code. On January 24`I', 2007, the Regional Board issued Order No. R9-2007-0001 (NPDES Permit). This NPDES Permit replaces the previous municipal permit, RWQCB Order No. 2001-01. The City's Storm Water Ordinance has been updated as necessary to comply with the current NPDES Permit. This manual is adopted by reference as The City of National City Standard Urban Storm Water Management Plan (SUSMP) Manual, herein referred to as the SUSMP Manual. To maximize the use of LID practices as a means of reducing storm water runoff, Order No. R9-2007-0001 further required that the City define minimum LID and other BMP requirements in a document called the Model Standard Urban Storm Water Mitigation Plan (Model SUSMP), which was approved by the Regional Board on March 25, 2009. The permanent BMP requirements within the Model SUSMP were updated to comply with the current NPDES Permit, and these changes arc included in this SUSMP Manual. The requirement to implement storm water BMP requirements for development projects is based on Section 402 (p) of the Clean Water Act. The Federal Clean Water Act amendments of 1987 established a framework for regulating storm water discharges from municipal, industrial, and construction activities under the NPDES program. Under the Federal Clean Water Act, municipalities throughout the nation are issued a Municipal NPDES Permit. The primary goal of the NPDES Permit is to stop polluted discharges from entering the storm water conveyance system and local receiving and coastal waters. In California, the State Water Resources Control Board (SWRCB), through the nine Regional Boards, administers the NPDES storm water municipal permitting program. Based on the San Diego Municipal Permit issued by the San Diego Regional Board, the City is required to develop and implement construction and permanent storm water BMPs addressing pollution from new development projects. City of National City 4 SUSMP Manual 18 CHAPTER 1: POLICIES AND PROCEDURES These ordinances have been updated as necessary to comply with the current NPDES Municipal Permit. The current NPDES Municipal Permit requires the City to categorize and prioritize land uses in order to establish effective BMPs. The City's current Storm Water Ordinance authorizes the City of National City to establish Best Management Practices (BMPs), including permanent improvements, for all types of land uses. The City of National City may establish alternative BMPs. The allowable use of alternative BMPs at a specific site shall be determined at the sole discretion of the City. The City may establish BMPs for a specific site or activity if necessary to reduce Pollutants to the MEP or to comply with an order of the San Diego Regional Water Board. The City may also establish additional BMPs for a specific site if the City determines that the BMPs implemented at the site have not reduced the pollutants to the MEP. The San Diego Regional Water Board reissued a municipal storm water NPDES permit to the municipal Copermittees in January 2007. The permit updates and expands storm water requirements for new developments and redevelopments. Storm water treatment requirements have been made more stringent, nitirnuat standards for Low Impact Development (LID) have been added, and the Copermittees are required to develop and implement criteria for the control of runoff peaks and durations from development sites. To assist the land development community, streamline project reviews, and maximize cost effective environmental benefits, the Copermittees have developed a unified LID design procedure, which has been adapted for use by the City of National City. This design procedure integrates site planning and design measures with engineered, small-scale Integrated Management Practices (IMPs) such as bioretention. By following the procedure, applicants can develop a single integrated design which complies with the complex and overlapping NPDES permit LID requirements, storm water treatment requirements, and flow -control (hydromodification management) requirements. The design approach is detailed in Chapter 4. General instructions for preparing a complete Project Submittal are in Chapter 3, and project -specific submittal requirements are available from City staff. Applicants may choose not to use this design procedure, in which case they will need to demonstrate, in their submittal, compliance with applicable LID criteria, storm water treatment criteria, and flow -control criteria. These criteria are described in Chapter 2, the City's Storm Water Ordinance (Chapter 14.22.010), and in the NPDES permit. All development projects must include control measures to reduce the discharge of storm water pollutants to the maximum extent practicable_ City of National City 5 SUSMP Manual 19 CHAPTER 1: POLICIES AND PROCEDURES Standard permanent storm water requirements, even for projects that are not "Priority Development Projects," include: • Implementation of source control BMPs as listed in Appendix C. • inclusion of feasible LID features that conserve natural features, set back development from natural water bodies, minimize imperviousness, maximize infiltration, direct runoff to landscaping, and retain and slow runoff. • Submittal of proof of a mechanism under which on -going long-term maintenance of all structural post construction BMPs will be conducted. See Chapter 14.22.160 of the City's Municipal Code for a list of BMP requirements applicable to all development projects. City staff may also require additional controls appropriate to the project, which may include storm water treatment controls_ LID treatment controls such as infiltration or bioretention are preferred. Sec "Selection of Treatment Facilities" on page 22. The NPDES permit requires more specific criteria be applied to Priority Development Projects. Projects (requiring either discretionary actions or construction permits), subject to the priority development project permanent BMP requirements (as determined by completing Appendix A) must complete all of the analyses and incorporate all of the applicable BMP requirements in chapters 2 through 5 of this SUSMP Manual. This includes the LID and source control BMPs, and treatment control BMP requirements. Projects subject to priority development project requirements must prepare and submit a Project Submittal in accordance with Chapter 3 of this SUSMP Manual. Applicants must incorporate all necessary permanent BMPs into the project plans prior to submittal, regardless of project type. ► NEW DEVELOPMENT Projects on previously undeveloped land are Priority Development Projects if they are in one or more of the categories listed in Appendix A. ► PREVIOUSLY DEVELOPED SITES Projects on previously developed sites ("redevelopment projects") arc Priority Development Projects if they create, add, or replace 5,000 square feet or more of impervious surface and also are in one of the categories listed in Appendix A. City staff may choose to designate projects not within the categories in Appendix A as Priority Development Projects, based on potential impacts to storm water quality. City of National City 6 SUSMP Manual 20 CHAPTER 1: POLICIES AND PROCEDURES I. THE "5O% RULE" FOR PREVIOUSLY DEVELOPED PROJECTS Projects on previously developed sites may also need to retrofit drainage of all impervious areas of the entire site. For sites creating or replacing more than 5,000 square feet of impervious area: • If the new project results in an increase of, or replacement of, 50% or more of the previously existing impervious surface, and the existing development was not subject to SUSMP requirements, then the entire project must be included in the treatment measure design. • If less than 50% of the previously impervious surface is to be affected, only that portion must be included in the treatment measure design. If a new Development Project feature such as a parking lot falls into a Priority Development Project category, then the entire project footprint is subject to SUSMP requirements. Projects limited to interior remodels, routine maintenance or repair, roof or exterior surface replacement, resurfacing and reconfiguring surface parking lots and existing roadways, new sidewalk construction, pedestrian ramps, or bike lanes on existing roads and routine replacement of damaged pavement such as pothole repair are not suhject to treatment requirements. I owever, other requirements, including incorporation of appropriate source controls, still apply. . The City of National City's Storm Water Ordinance requires that all new development and redevelopment activities comply with the storm water pollution prevention requirements in Chapter 14.22.010 of the National City Municipal Code, and this SUSMP Manual. These storm water pollution prevention requirements, which are described in detail in this SUSMP Manual are site specific and vary based on the project's potential impact on receiving water quality. The flow chart in Figure 1-1, "Review Process for Discretionary Actions" demonstrates how storm water requirements are incorporated into projects requiring subdivision approvals, development permits or other discretionary actions. The steps below in "Compliance Process at a Glance" describe the elements of the plan review and permitting processes for storm water best management practice (BMP) requirements. City of National City 7 SUSMP Manual 21 CHAPTER 1: POLICIES AND PROCEDURES FIGURE I-1. SUSMP REVIEW FLOW CHART. SUSMP REVIEW FLOW CHART AS OF 0928/05 PRE -SUBMITTAL DISCUSSION ALL DEPARTMENTS DISTRIBUTE APPUCABIUTY FORM ENGINEERING VERIFICATION ACCURATELY COMPLETED APPUCABIUTY FORM 4 PLANNING, ENGINEERING, CDC, AND/OR BUILDING DISTRIBUTE APPROPRIATE INFORMATION LO APPLICAN L BASED ON VERIFIED APPLICABILITY FORM' 4 FORMAL SUBMITTAL TO PLANNING, ENGINEERING, CDC, AND/OR BUILDING Routed from original department PLANNING, ENGINEERING, BUILDING, AND CDC TO REVIEW PROJECT MATERIALS' MINISTERIAL PERMIT APPROVAL OR DENIAL DISCRETIONARY PERMIT APPROVAL WITH REQUIRED CONDITIONS OR DENIAL ACCORDING TO RESPONSIBILITY CHECKLIST City of National City 8 SUSMP Manual 22 CHAPTER 1: POLICIES AND PROCEDURES For the applicant for development project approval, storm water compliance follows these general steps: 1. Discuss requirements during a pre -application meeting with City staff. 2. Determine applicable storm water BMP requirements by completing the "National Pollutant Discharge Elimination System (NPDES) Project Applicability Form" in Appendix A prior to submittal. 3. Review the instructions in this SUSMP Manual before you prepare your tentative map, preliminary site plan, drainage plan, and landscaping plan. 4. Prepare your Project Submittal, which is typically made with your application for development approvals (entitlements). 5. Include a Storm Water Facility Operation and Maintenance Plan with your Project Submittal. 6. Under the authority of the City of National City, Engineering staff will review the Project Submittal with Storm Water Facility Operation and Maintenance Plan for compliance with the applicable storm water requirements contained in this SUSMP Manual. 7_ Create your detailed project design, incorporating the features described in your Project Submittal. 8. In a table on your construction plans, list each storm water compliance feature and facility and the plan sheet where it appears. 9. Maintain storm water facilities during construction and following construction in accordance with required warranties. 10. Following construction, make any necessary changes to the Storm Water Facility Operation and Maintenance Plan, and provide it to the owner or other party responsible for maintenance. 11. The owner must periodically verify storm water facilities are properly maintained. Preparation ofa complete and detailed Project Submittal is the key to cost-effective storm water compliance and expeditious review of your project. Additional notes about these steps are provided below. Instructions for preparing your Project Submittal are in Chapter 3. City of National City 9 SUSMP Manual 23 CHAPTER 1: POLICIES AND PROCEDURES ► ADDITIONAL NOTES ON COMPLIANCE Storm Water Requirements Applicability Checklist. Prior to submittal, applicants must complete the "National Pollutant Discharge Elimination System (NPDES) Project Applicability Form" (Applicability Checklist) in Appendix A, to determine if their project is subject to construction and/or permanent storm water best management practice (BMP) requirements. (Note: this form must be completed for all permit applications, even if previous approvals exist. Projects requesting additional construction permits or discretionary approvals, even though previous permits and/or approvals have been obtained, will be required to comply with the storm water requirements in this document). This checklist must be completed, signed by the responsible party for the project, and submitted with your permit application. Applicants may also verify the project's storm water BMP requirements through a single discipline preliminary review of the project. The project design must include all required permanent BMPs (as determined from the Applicability Checklist in Appendix A), prior to deeming the application package complete. Determining Adequacy of Proposed Plans. The City of National City may approve proposed alternatives to the BMP requirements in this manual if they are detennined to be applicable and equally effective. Additional analysis or information may be required to enable staff to determine the adequacy of proposed BMPs. When determining whether SUSMP requirements apply, a "project" should be defined consistent with California Environmental Quality Act (CEQA) definitions of "project." That is, the "project" is the whole of an action which has the potential for adding or replacing or resulting in the addition or replacement of roofs, pavement, or other impervious surfaces and thereby resulting in increased flows and storm water pollutants. "Whole of an action" means the project may not be segmented or piecemealed into small parts if the effect is to reduce the quantity of -impervious area for any part to below the SUSMP thresholds. City staff may require, as part of an application for approval of a phased development project, a conceptual or master Project Submittal which describes and illustrates, in broad outline, how the drainage for the project will comply with the SIJSMP requirements. The level of detail in the conceptual or master Project Submittal should he consistent with the scope and level of detail of the development approval being considered. The conceptual or master Project Submittal should specify that a more detailed Project Submittal for each later phase or portion of the project will he submitted with subsequent applications for discretionary approvals. Note these minimum standards for SUSMP applicability are for the purpose of ensuring a consistent minimum level or "floor" for implementation consistent with the requirements of the NPDES permit. The City of National City reserves the right to choose a more expansive interpretation of the NPDES permit's applicability and may also choose to apply source control, treatment, and flow -control requirements to projects that would be exempt under these minimum standards. City of National City 10 SUSMP Manual 24 CHAPTER 1: POLICIES AND PROCEDURES If a tentative map approval would potentially entitle future owners to construct new or replaced impervious area which, in aggregate, could exceed one of the SUSMP thresholds (Appendix A), then the applicant must take steps to ensure SUSMP requirements can and will he implemented as the subdivision is built out. If the tentative map application does not include plans for site improvements, the applicant should nevertheless identify the type, size, location, and final ownership of storm water treatment and flow -control facilities adequate to serve common private roadways and any other common areas, and to also manage runoff from an expected reasonable estimate of the square footage of future roofs, driveways, and other impervious surfaces on each individual lot. The City of National City may condition approval of the map on implementation of storm water treatment and other SIJSMP measures when construction occurs on the individual lots. At the City of National City's discretion, this condition may he enforced by a grant deed of development rights or by a development agreement If the City of National City deems it necessary, the future impervious area of one or more lots may be limited by a deed restriction. This might be necessary when a project is exempted from one or all SUSMP provisions because the total impervious area is below a threshold, or to ensure runoff from impervious areas added after the project is approved does not overload a storm water treatment and flow -control facility. The City of National City may require subdivision maps to dedicate an "open space easement, as defined by Government Code Section 51075," to suitably restrict the future building of structures at each storm water facility location if necessary. In general, in new subdivisions storm water treatment, infiltration, or flow -control facilities should not be located on individual single-family residential lots, particularly when those facilities manage runoff from other lots, from streets, or from common areas. A Netter alternative is to locate storm water facilities on one or more separate, jointly owned parcels. After consulting with local planning staff, applicants for subdivision approvals will propose one of the following four options, depending on project characteristics and local policies! 1. Show the number of parcels and the total impervious area to be created on all parcels could not, in the future, exceed any of the thresholds in Appendix A. 2. Show that, for each and every lot, the intended use can be achieved with a design which disperses runoff from roofs, driveways, streets, and other impervious areas to self -retaining pervious areas, using the criteria in Chapter 4. 3. Prepare improvement plans showing drainage to treatment and/or flow -control facilities designed in accordance with this BMP manual, and commit to constructing the facilities prior to transferring the lots. City of National City 11 SUSMP Manual 25 CHAPTER 1: POLICIES AND PROCEDURES 4. Prepare improvement plans showing drainage to treatment and/or flow -control facilities designed in accordance with this BMP manual, and provide appropriate legal instruments to ensure the proposed facilities will be constructed and maintained by subsequent owners. For the option selected, City staff will determine the appropriate conditions of approval, easements, deed restrictions, or other legal instruments necessary to assure future compliance. Priority Development Projects (Appendix A) must be designed so that runoff rates and durations are controlled to maintain or reduce downstream erosion conditions and protect stream habitat. For projects disturbing areas smaller than 17 acres, this can be accomplished by implementing Low Impact Development (LID) design using the design criteria and procedures in Chapter 4. The criteria will be updated following RWQCB approval of the Hydromodification Management Plan (see Option 2 below). Priority Development Projects disturbing 17 acres or more must meet the following interim hydromodification standard: ___post -project runoff flow rates and durations shall not exceed pre -project runoff flow rates and durations .__ where the increased discharge flow rates and durations will result in increased potential for erosion or other significant adverse impacts to beneficial uses, attributable to increased flow rates and durations." The City of National City is developing a Ilydromoditication Management Plan (HMP) in compliance with Provision D.1.g of the NPDES Permit. As required, the City has adopted interim hydromodification criteria (IIIC) which will be superseded after the HMP is accepted by the Regional Water Board. Compliance with the interim hydromodification criteria can be achieved by one of the following options: 1. Use a continuous simulation hydrologic computer model such as USEPA's Hydrograph Simulation Program Fortran (I ISPF) to simulate pre -project and post - project runoff, including the effect of proposed IMPs, detention basins, or other storm water management facilities, and demonstrate the standard is achieved. 2. Use Low Impact Development Integrated Management Practices to manage hydrograph modification impacts, using design procedures, criteria, and sizing City of National City 12 SUSMP Manual 26 CHAPTER 1: POLICIES AND PROCEDURES factors (ratios of LID IMP volume or area to tributary area) specified by the City of National City. 3. Identify an exemption applicable to the site. ► OPTION 1: CONTINUOUS SIMULATION Prepare an analysis of pre -project and post -project runoff following the instructions in the memoranda "Using Continuous Simulation to Size Stormwater Control Facilities" (May 9, 2008) and "Development of Interim Hydromodification Criteria" (October 30, 2007). Both memoranda are available on the Project Clean Water website. Before preparing the analysis, discuss with City staff the required documentation for your Project Submittal, which will include assumptions and modeling parameters used in the analysis and a graphical presentation demonstrating compliance with the following: 1. For flow rates from 20% of the pre -project 5-year runoff event (0.2Q5) to the pre - project 10-year runoff event (Q10), the post -project discharge rates and durations shall not deviate above the pre -project rates and durations by more than 10% over and more than 10% of the length of the flow duration curve. 2. For flow rates from 0.2Q5 to Q5, the post -project peak flows shall not exceed pre - project peak flows. For flow rates from Q5 to Q10, post -project peak flows may exceed pre -project flows by up to 10% for a 1-year frequency interval. For example, post -project flows could exceed preprojectflows by up to 10% for the interval from Q9 to Q10 or from Q5.5 to Q6.5, but not from Q8 to Q10. (Note that the 0.2Q5 end of the range may be modified). I. OPTION 2: LID INTEGRATED MANAGEMENT PRACTICES Low Impact Development Integrated Management Practices, such as bioretention facilities, planter boxes, and dry wells, can achieve the hydromodification standard. I -however, the City of National City has not yet prepared design criteria and sizing factors for these facilities applicable to projects 17 acres or more. Project proponents for projects 17 acres or more may use Option 1 to demonstrate their IMPs meet the interim criteria. I. OPTION 3: EXEMPTION FROM HYDROMODIFICATION MANAGEMENT Exemption from the IHC is allowed for development projects when any of the following conditions are met. (However, plans to restore a channel reach may re -introduce the applicability of hydromodification management) 1. The project would discharge into channels that are concrete -lined or significantly hardened (e.g., with rip -rap, sackcrete, etc.) downstream to their outfall in bays or the ocean; 2. The project would discharge into underground storm drains discharging directly to bays or the ocean; City of National City 13 SUSMP Manual 27 CHAPTER 1: POLICIES AND PROCEDURES 3. The project would discharge to a channel where the sub -watershed areas below the project's discharge points are highly impervious (e.g. >70%) and the potential for single -project and/or cumulative impacts is minimal; or 4. The applicant conducts an assessment incorporating sediment transport modeling across the range of geomorphically-significant flows that demonstrates project flows and sediment reductions will not detrimentally affect the receiving water. A May 15, 2008 memorandum, "Geomorphic Analysis for Interim Hydrograph Modification Plan" is available on the Project Clean Water website. Grandfathering. Projects with prior lawful approval (such as a development agreement, vested tentative map, or a building or grading permit) that have started construction before March 25, 2008, may not have to meet the interim hydrotnodiftcation management requirements. Verify with City staff. Note these are interim requirements and will be superseded following approval of the HMP by the Regional Water Board sometime after mid-2009. Updated hydromodification criteria for all Priority Development Projects will be incorporated into local SUSMP requirements sometime in 2010 or later. The NPDES pert -nit allows for a project to be waived from numeric sizing criteria for storm water treatment only if all available treatment facilities have been considered and found infeasible. City staff must inform the Water Board within 5 days of granting a waiver. Other SUSMP requirements including site designs to minimize imperviousness and source control BMPs will still apply. Experience has shown implementation of LID facilities, as described in Chapter 4, is feasible on nearly all development sites. However, the use of LID to retrofit existing drainage systems, to manage runoff from sites smaller than one acre in pedestrian -oriented developments, or to manage runoff from widened portions of roadways, sometimes presents special challenges. In these special situations, applicants should see the discussion of "Selection of Storm Water Treatment Facilities" in Chapter 2 and evaluate the options described on page 24 in order (depending on the specific characteristics of the project and as determined by the City of National City). All the options listed meet the numeric sizing criteria in the NPDES permit. If infeasibility of all these options can be established, the City of National City may determine eligibility of the project for a waiver. References and Resources: • RWQCB Order R9-2007-0001 (Storm Water NPDES Permit) • Project Clean Water web page City of National City 14 SUSMP Manual 28 STORM WATER QUALITY COMPLIANCE Technical nicaL i7Ibd1danc expkindions Of poith an, des* %rquiremen1r The Regional Water Board reissued a municipal storm water NPDES permit to San Diego County, its 18 cities, the San Diego Unified Port District, and the San Diego Regional Airport Authority in January 2007. The permit mandates a comprehensive program to prevent storm water pollution. That program now includes street sweeping, maintenance of storm drains, business inspections, public outreach, construction site inspections, monitoring, and studies of stream and ocean health, and control of runoff pollutants from new developments and redevelopments. NPDES Permit Provision D.1.d. requires the City of National City to regulate projects in specific categories (Table 1-1) to: 1. Reduce discharges of pollutants to the maximum extent practicable_ 2. Prevent runoff discharges from causing or contributing to a violation of water quality standards. The City of National City has created a Low Impact Development (LID) design procedure (Chapter 4) that ensures consistent and thorough implementation of the Regional Water Board's requirements. This chapter explains the technical background of the LID approach and how it was derived. The previous permit, issued in 2001, included a requirement to control the post -development peak storm water runoff rates and velocities to maintain or reduce pre -development downstream erosion and protect stream habitat. The 2007 permit includes, in addition to this ongoing requirement, a new requirement to develop a hydromodification management plan (HMP) to identify and define a methodology and performance criteria to ensure flow rates and durations do not exceed pre -project runoff where increased runoff could cause erosion or other significant adverse impacts to beneficial uses. As required by the NPDES permit, the City of National City has adopted interim hydromodification criteria. See Chapter One. City of National City 15 SUSMP Manual 29 CHAPTER 2: CONCEPTS AND CRITERIA NPDES Perrnit Provision D.1 requires the City of National City to condition development approvals on incorporation of specified storm water controls. Provision D.1 requires applicable new developments and redevelopments: ■ Design the site to conserve natural areas, existing trees and vegetation and soils, to maintain natural drainage patterns, to minimize imperviousness, to detain runoff, and to infiltrate runoff where feasible • Cover or control sources of storm water pollutants • Treat runoff prior to discharge. Provision E.10 states: "Urban runoff treatment and/or mitigation must occur prior to the discharge of urban runoff into a receiving water. Federal regulations at 40 CFR 131.10(a) state that in no case shall a state adopt waste transport or waste assimilation as a designated use for any waters of the 11 S." ■ Ensure runoff does not exceed pre -project peaks and durations where increases could affect downstream habitat or other beneficial uses • Maintain treatment and flow -control facilities The City of National City maintains a database to track approved installations of treatment facilities and to verify facilities are maintained. The City's annual report to the Regional Water Board includes a list of development projects subject to SUSMP conditions and descriptions of those projects that: • Received a waiver from SUSMP criteria; • Used hydrologic controls used to meet 11MP requirements, including a description of the controls; • Have an area of 17 acres or greater, thus subject to Interim Hydromodification Criteria; and The City of National City must also report the number of violations and enforcement actions taken upon development projects. The City of National City's programs arc subject to audit by the Regional Water Board. The City of National City -not the Regional Water Board or its staff is charged with ensuring development projects comply with the 1).1 requirements. Regional Water Board staff sometimes review storm water controls and hydromodiftcation impacts in connection with applications for Clean Water Act Section 401 water -quality certification, which is required for projects that involve work, such as dredging or placement of fill, within streams, creeks, or other waters of the US. City of National City 16 SUSMP Manual 30 CHAPTER 2- CONCEPTS AND CRITERIA ► MAXIMUM EXTENT PRACTICABLE Clean Water Act Section 402(p)(3)(iii) sets the standard for storm water controls as "maximum extent practicable," but doesn't define that term. As implemented, "maximum extent practicable" is ever -changing and varies with conditions. Many storm water controls, including LID facilities, have proven to be practicable in most site development projects. To achieve fair and effective implementation, criteria, and guidance, requirements for controls must be detailed and specific —while also offering the right amount of flexibility or exceptions for special cases. The NPDES permit includes various standards, including hydrologic criteria, which have been found to comprise "maximum extent practicable." This SUSMP Manual is to be continuously improved and refined based on the experience of City planners and engineers, with input from land developers and development professionals. By following the SUSMP Manual, applicants can ensure their project design meets "maximum extent practicable." ► BEST MANAGEMENT PRACTICES Clean Water Act Section 402(p) and USEPA regulations (40 CFR 122.26) specify a municipal program of "management practices" to control storm water pollutants. Best Management Practice (BMP) refers to any kind of procedure, activity, or device designed to minimize the quantity of pollutants that enter the storm drain system. BMPs are typically used in place of assigning numeric effluent limits. The criteria for source control BMPs and treatment and flow - control facilities are crafted to fulfill "maximum extent practicable." To mininuze confusion, this guidebook refers to "facilities," "features," or "controls" to he incorporated into development projects_ All of these are BMPs. NPDES Permit Provision D.1.d.(3) requires the City of National City to develop and implement a procedure for pollutants of concern to be identified for each Priority Development Project Documentation of the approach to identifying pollutants of concern and selecting BMPs and facilities follows. ► GROUPING OF POTENTIAL POLLUTANTS OF CONCERN Urban runoff from a developed site has the potential to contribute pollutants, including oil and grease, suspended solids, metals, gasoline, pesticides, and pathogens to the storm water conveyance system and receiving waters. For the purposes of identifying pollutants of concern and associated storm water BMPs, pollutants are grouped in nine general categories as follows: • Sediments are soils or other suthcial materials eroded and then transported or deposited by the action of wind, water, ice, or gravity. Sediments can increase turbidity, clog fish gills, reduce spawning habitat, lower young aquatic organisms City of National City 17 SUSMP Manual 31 CHAPTER 2: CONCEPTS AND CRITERIA survival rates, smother bottom dwelling organisms, and suppress aquatic vegetation growth. • Nutrients are inorganic substances, such as nitrogen and phosphorus. They commonly exist in the form of mineral salts that are either dissolved or suspended in water. Primary sources of nutrients in urban runoff are fertilizers and eroded soils. Excessive discharge of nutrients to water bodies and streams can cause excessive aquatic algae and plant growth. Such excessive production, referred to as cultural eutrophicauon, may lead to excessive decay of organic matter in the water body, loss of oxygen in the water, release of toxins in sediment, and the eventual death of aquatic organisms. • Metals are raw material components in non-metal products such as fuels, adhesives, paints, and other coatings. Primary sources of metal pollution in storm water are typically commercially available metals and metal products. Metals of concern include cadmium, chromium, copper, Lead, mercury, and zinc. Lead and chromium have been used as corrosion inhibitors in primer coatings and cooling tower systems. At low concentrations naturally occurring in soil, metals are not toxic. However, at higher concentrations, certain metals can be toxic to aquatic life. Humans can be impacted from contaminated groundwater resources, and bioaccumulation of metals in fish and shellfish. Environmental concerns, regarding the potential for release of metals to the environment, have already led to restricted metal usage in certain applications. • Organic compounds are carbon -based. Commercially available or naturally occurring organic compounds are found in pesticides, solvents, and hydrocarbons. Organic compounds can, at certain concentrations, indirectly or directly constitute a hazard to life or health. When rinsing off objects, toxic levels of solvents and cleaning compounds can be discharged to storm drains. Dirt, grease, and grime retained in the cleaning fluid or rinse water may also adsorb levels of organic compounds that are harmful or hazardous to aquatic life. • Trash (such as paper, plastic, polystyrene packing foam, and aluminum materials) and biodegradable organic matter (such as leaves, grass cuttings, and food waste) are general waste products on the landscape. The presence of trash & debris may have a significant impact on the recreational value of a water body and aquatic habitat. Excess organic matter can create a high biochemical oxygen demand in a stream and thereby lower its water quality. Also, in areas where stagnant water exists, the presence of excess organic matter can promote septic conditions resulting in the growth of undesirable organisms and the release of odorous and hazardous compounds such as hydrogen sulfide. • Oxygen -Demanding Substances includes biodegradable organic material as well as chemicals that react with dissolved oxygen in water to form other compounds. Proteins, carbohydrates, and fats are examples of biodegradable organic compounds. Compounds such as ammonia and hydrogen sulfide arc examples of oxygen - City of National City 18 SUSMP Manual 32 CHAPTER 2: CONCEPTS AND CRITERIA demanding compounds. The oxygen demand of a substance can lead to depletion of dissolved oxygen in a water body and possibly the development of septic conditions. ■ Primary sources of oil and grease are petroleum hydrocarbon products, motor products from leaking vehicles, esters, oils, fats, waxes, and high molecular -weight fatty acids. Introduction of these pollutants to the water bodies are very possible due to the wide uses and applications of some of these products in municipal, residential, commercial, industrial, and construction areas. Elevated oil and grease content can decrease the aesthetic value of the water body, as well as the water quality. • Bacteria and Viruses arc ubiquitous microorganisms that thrive under certain environmental conditions. Their proliferation is typically caused by the transport of animal or human fecal wastes from the watershed. Water, containing excessive bacteria and viruses can alter the aquatic habitat and create a harmful environment for humans and aquatic life. Also, the decomposition of excess organic waste causes increased growth of undesirable organisms in the water. ■ Pesticides (including herbicides) are chemical compounds commonly used to control nuisance growth or prevalence of organisms. Excessive application of a pesticide may result in runoff containing toxic levels of its active component. ► IDENTIFYING POLLUTANTS OF CONCERN BASED ON LAND USES Table 2-1 associates pollutants with the typical land uses of Priority Development Projects. Pollutants associated with any hazardous material sites that have been remediated or are not threatened by the proposed project are not considered a pollutant of concern. ► WATERSHEDS WITH SPECIAL POLLUTANT CONCERNS Receiving water conditions may require specialized attention. The four conditions to consider include: • Ocean waters designated as an Area of Special Biological Significance (ASBS) • Water bodies and surrounding areas designated by the City as Environmentally Sensitive Areas (ESA) • 303(d) listed waters; and • Waters with established Total Maximum Daily Loads (TMDL). City of National City 19 SUSMP Manual 33 CHAPTER 2: CONCEPTS AND CRITERIA TABLE 2-1. Anticipated and Potential Pollutants Generated by Land Use Type. General Pollutant Categories Land Use Type Sediment Nutrients I eavy Metals Organic Compounds Trash & Debris Oxygen Demanding Substances Oil & Grease Bacteria & Viruses Pesticides Detached Residential Development X X X X X X X Attached Residential Development X X X P(l) P(2) P X Commercial Development P(1) P(1) X P(2) X P(5) X P(3) P(S) Heavy Industry X X X X X X Automotive Repair Shops X X(4)(5) X X Restaurants X X X X P(1) Hillside Development >5,000 u, X X X X X X Parking Lots P(1) P(1) X X P(1) X P(1) Retail Gasoline Outlets X X X X X Streets, Highways & Freeways X P(I) X X(4) X P(5) X X P(1) X = anticipated P = potential (1) A potential pollutant if landscaping exists on -site. (2) A potential pollutant if the project includes uncovered parking areas. (3) A potential pollutant if land use involves food or animal waste products. (4) Including petroleum hydrocarbons. (5) Including solvents. City of National City 20 SUSMP Manual 34 CHAPTER 2: CONCEPTS AND CRITERIA Currently, there are no ASBS downstream of the City of National City. See Table 2-2 for a list of receiving water bodies within the City of National City, and their special pollutant concerns, if any. Note that ESA designations and 303(d) listings are updated periodically; please check with City of National City staff for the most updated list. TABLE 2-2. City of National City Receiving Water Bodies. Receiving Waterbody Hydrologic Sub- ea Special Pollutant Concerns San Diego Bay 90831,908.3'L, 909.11, 909.12 Polychlorinated biphenyls (PCBs) San Diego Bay Shoreline at Seventh Street Channel 908.31 Benthic Community Effects Sediment Toxicity Seventh Street Channel (La Paleta Creek) 908.31 Pending 303(d) impairments* Paradise Creek 908.32 ESA Paradise Marsh 908.32 NSA Sweetwater River 909.12 Pending 303(d) impairments* Sweetwater Marsh 909.12 ESA *Proposed for listing on the draf 2008 303(d) list, which as of this writing had not vet been approved by the EPA. Several receiving waters in San Diego County are listed as impaired for constituents or water quality effects pursuant to Section 303(d) of the Clean Water Act. Placement of a water body onto the list requires the Regional Board to make further analysis of the impairment and develop a TMDL for addressing the impairment. The 303(d) listing in itself does not demand that a project proponent select BMPs on the basis of the impairment; however, the project proponent should be cognizant of the impairment and the future implications a TMDL might have upon the proposed land use. As of this writing, the 2006 303(d) list is the most recent version adopted by the EPA. Future 303(d) list revisions additions will apply upon adoption by the EPA. Check the website below for the most current listing. http://www.waterboards.ca.gov/sandiego/water issues/programs/303d list/index.shtml Once a TMDL is established it may impose conditions on development either through an implementation plan and schedule for the listed water, or through special conditions required of the City of National City affected by the numeric criteria of the TMDL. At this time, several 303(d) listings in San Diego County are at various stages of TMDL development, and no adopted TMDL directly impacts the City of National City. However, there are approximately 190 pending TMDLs in the county. At the time of the adoption of this document, one pending applicable TMDL exists in the National City area for sediment toxicity for the mouth of La Paleta Creek (Seventh Street Channel) in San Diego Bay. The likely target constituents of this TMDL will be PCBs, PAHs, and Chlordane, and copper and lead may also be included. City of National City 21 SUSMP Manual 35 CHAPTER 2: CONCEPTS AND CRITERIA The applicant should meet with City staff to determine if any project characteristics or watershed characteristics affect selection and design of BMPs. Except in rare circumstances, the use of the LID Design Guide (Chapter 4) and the Storm Water Pollutant Sources/Source Control Checklist (Appendix C) will ensure your project complies with all storm water requirements. Based on identification of potential pollutants of concern associated with various types of facilities, the City of National City has developed a Stortn Water Pollutant Sources/Source Control Checklist (Appendix C) of "maximum extent practicable" source controls associated with each facility type. This approach ensures appropriate BMPs are applied to potential sources of each pollutant of concern. Table 2-3, below, categorizes pollutants of concern by fate during storm water treatment. Table 2-4, below, includes a general comparison of how various types of treatment facilities perform for each group of pollutants. TABLE 2-3. Grouping of Potential Pollutants of Concern by Fate Durin ,..,_ City of National City 22 SUSMP Manual 36 CHAPTER 2: CONCEPTS AND CRITERIA TABLE 2-4. Groups of Pollutants and Relative Effectiveness of Treatment Facilities Pollutants of Concern Bioretention Facilities (LID) Settling Basics (Dry Ponds) Wet Ponds and Constructed Wetlands Infiltration Facilities or Practices (LID) Media Fillers higher- rate 6iofilters* Higher- rate media - filters* Trash Racks & Hydro -dynamic Devices Vegetated Swales Coarse Sediment and Trash High High High High High High I hgh High High Pollutants that tend to associate witllfne particles during treatment High High High High High Medium Medium Low Medium Pollutants that tend to he dissolved following treatment Medium Low Medium trigh Low Low Low Low Low *See page 24 for a discussion of selection of treatment facilities in special situations. Based on this analysis, the City of National City has determined that the following types of facilities are appropriate for treatment of runoff potentially containing most pollutants of concern. These types of facilities can be used for storm water treatment for all land uses in all watersheds, except where site -specific constraints make them infeasible. ■ Infiltration facilities or practices, including dry wells, infiltration trenches, infiltration basins, and other facilities that infiltrate runoff to native soils (sized to detain and infiltrate a volume equivalent to the 8S`r percentile 24-hour event). • Bioretention facilities and media filters that detain storm water and filter it slowly through soil or sand (sized with a surface area at least 0.04 tinges the effectively impervious tributary area). • Extended detention basins, wet ponds, and wetlands or other facilities using settling (sized to detain a volume equivalent to runoff from the tributary area generated by the 85th percentile 24-hour event). The recommended design procedure in Chapter 4 integrates LID practices-- -optimizing the site design, using pervious surfaces, and dispersing of runoff to adjacent pervious areas ---with the use of infiltration facilities and practices and bioretention facilities to meet NPDES permit LID requirements, treatment requirements, and flow -control requirements in a cost-effective, unified design. Oil/water separators ("water quality inlets"), storm drain inlet filters, and hydrodynamic separators, including vortex separators and continuous deflection separators ("CDS units"), arc less effective means of storm water treatment, although they may be used in series with more effective facilities. City of National City 23 SUSMP Manual 37 CHAPTER 2: CONCEPTS AND CRITERIA Underground vaults typically lack the detention time required for settling of fine particles associated with storm water pollutants. They also require frequent maintenance and may retain stagnant water, potentially providing harborage for mosquitoes. Because vaults may be "out of sight, out of mind," experience shows that the required maintenance may not occur. Lack of space, in itself, is not a suitable justification for using a less -effective treatment on a development site, because the uses of the site and the site design can be altered as needed to accommodate biotetention facilities or planter boxes. In most cases, these effective facilities can be fit into required landscaping setbacks, easements, or other unbuildable areas. Where possible, drainage to inlets, and drainage away from overflows and undcrdrains, should be by gravity. Where site topography snakes it infeasible to accommodate gravity -fed facilities in the project design, the design flow may be captured in a vault or sump and pumped via force tnain to an effective facility. The following situations sometimes present special challenges: ■ Portions of sites which are not being developed or redeveloped, but which must be retrofit to meet treatment requirements in accordance with Provision D1_d.(l)(a) which states in part: "Where redevelopment results in an increase of, or replacement of, more than fifty percent of the impervious surface of a previously existing development, the numeric sizing criteria applies to the entire development." • Sites smaller than one acre approved for development or redevelopment as part of a municipality's stated objective to preserve or enhance a pedestrian -oriented "smart - growth" type of urban design. • Roadway widening projects. In these special situations, the following types of facilities should each be evaluated in priority order (depending on the specific characteristics of the site and as determined by the City) until a feasible design is found. 1. Bioretention areas or planter boxes fed by gravity. 2. Capture of the design flow in a vault or surrrp arid pumping to bioretention areas or planter boxes. 3. A subsurface sand or media filter with a maximum design surface loading rate of 5 inches per hour and a minimum media depth of 18 inches. The sand surface must be made accessible for periodic inspection and maintenance (for example, via a removable grating). 4. A higher -rate surface biofilter, such as a tree -pit -style unit. The grading and drainage design should minimize the area draining to each unit and maximize the number of discrete drainage areas and units. City of National City 24 SUSMP Manual 38 Proprietary Devices Many currently available proprietary devices do not meet City- of National City requirements when used alone for storm water treatment. Consult with City staff before proposing these devices. ► IMPERVIOUSNESS CHAPTER 2: CONCEPTS AND CRITERIA 5. A higher -rate vault -based filtration unit (for example, vaults with replaceable cartridge filters filled with inorganic media). Many proprietary storrn water treatment devices are currently marketed, and new brands will be introduced. Applicants and applicants' engineers and design professionals should review with City staff any proposals for using proprietary devices for storm water treatment before they commence work on preliminary site layout, drainage plans, grading plans, or Landscape plans. Schueler (1995) proposed imperviousness as a "unifying theme" for the efforts of planners, engineers, landscape architects, scientists, and local officials concerned with urban watershed protection. Schueler argued (1) that imperviousness is a useful indicator linking urban land development to the degradation of aquatic ecosystems, and (2) imperviousness can he quantified, managed, and controlled during land development. Imperviousness has long been understood as the key variable in urban hydrology. Peak runoff flow and total runoff volume from small urban catchments is usually calculated as a function of the ratio of impervious area to total area (rational method). The ratio correlates to the runoff factor, usually designated "C". Increased flows resulting from urban development tend to increase the frequency of small-scale flooding downstream. Imperviousness links urban land development to degradation of aquatic ecosystems in two ways_ First, the combination of paved surfaces and piped runoff efficiently collects urban pollutants and transports them, in suspended or dissolved form, to surface waters. These pollutants may originate as airborne dust, be washed from the atmosphere during rains, or may be generated by automobiles and outdoor work activities. Second, increased peak flows and runoff durations typically cause erosion of stream banks and beds, transport of fine sediments, and disruption of aquatic habitat. Measures taken to control stream erosion, such as hardening banks with riprap or concrete, may permanently eliminate habitat. By reducing infiltration to groundwater, imperviousness may also reduce dry -weather stream flows. Imperviousness has two major components: rooftops and transportation (including streets, highways, and parking areas). The transportation component is usually larger and is more likely to be directly connected to the storm drain system. The effects of imperviousness can be mitigated by disconnecting impervious areas from the drainage system and by encouraging detention and retention of runoff near the point where it is City of National City 25 SUSMP Manual 39 CHAPTER 2: CONCEPTS AND CRITERIA generated. Detention and retention reduce peak flows and volumes and allow pollutants to settle out or adhere to soils before they can be transported downstream. O. LOW IMPACT DEVELOPMENT REQUIREMENTS The NPDES permit requires LID be used on all projects to minimize directly connected impervious area and promote infiltration. For Priority Development Projects, the minimum standards are: ■ Drain a portion of impervious areas into pervious areas, if any. • Design and construct pervious areas, if any, to effectively receive and infiltrate runoff from impervious areas, taking into account soil conditions, slope, and other pertinent factors. • Construct a portion of paved areas with low traffic and appropriate soil conditions with permeable surfaces. The LID design procedure in Chapter 4 incorporates these requirements into an integrated design which also meets sizing requirements for storm water treatment facilities and flow - control (hydromodification management) requirements. ► SIZING REQUIREMENTS FOR STORM WATER TREATMENT FACILITIES The guidance in Chapter 4 was crafted to ensure LID facilities comply with the NPDES permit's hydraulic sizing requirements for storm water treatment facilities and flow -control facilities. The technical background follows. Most runoff is produced by frequent storms of small or moderate intensity and duration. Treatment facilities are designed to treat smaller storms and the first flush of larger storms approximately 80% of average annual runoff. The NPDES permit identifies two types of treatment facilities volume-hased and flow -based_ Volume -based facilities must be designed to infiltrate, filter, or treat the volume of runoff produced from a 24-hour 85`h percentile storm event as determined from the County of San Diego's 85`h Percentile Precipitation Isopluvial Map. As shown on the map, rainfall depths vary from about 0.55" to 1.55". For flow -based facilities, the NPDES permit specifies the rational method be used to determine flow. The rational method uses the equation Q = CIA, where Q = flow C = weighted runoff factor between 0 and 1 i = rainfall intensity City of National City 26 SUSMP Manual 40 CHAPTER 2: CONCEPTS AND CRITERIA A — area The permit identifies two alternatives for calculating rainfall intensity: I. the 85th percentile rainfall intensity times two, or 2. 0.2 inches per hour. It is typically found that both methods yield similar results. The 0.2 inches per hour rainfall intensity should be used for sizing flow -based treatment facilities. The 0.2 inches per hour criterion is the basis for a consistent countywide sizing factor for bioretention facilities when used for stone water treatment only (i.e., not for flow control). The factor is based on maintaining a minimum percolation rate of 5 inches per hour through the engineered soil mix. The sizing factor is the ratio of the design intensity of rainfall on tributary impervious surfaces (0.2 inches/hour) to the design percolation rate in the facility (5 inches/hour), or 0.04 (dimensionless). FLOW -CONTROL (HYDROMODIFICATION MANAGEMENT) The NPDES permit specifies for applicable projects: ... post -project runoff flow rates and durations shall not exceed pre -project runoff flow rates and durations where the increased discharge flow rates and durations will result in increased potential for erosion or other significant adverse impacts to beneficial uses, attributable to changes in flow rates and durations. Under current Interim Hydromodifrcation Criteria, the requirement applies to projects disturbing 50 acres or more, and applicants may select among three options for compliance: Use a continuous simulation model to compare pre project and post -project runoff, use LID facilities with sizing factors and design criteria developed by the City of National City, or identify a specified exemption. See Chapter One. The technical background for the Interim Itydromodification Criteria is in the memorandum "Development of Interim Hydrornodification Criteria" (October 30, 2007) and other technical documents available on the Project Clean Water wehsite. The NPDES permit restricts the design and location of "infiltration devices" that, as designed, may bypass filtration through surface soils before reaching groundwater. These devices include: • Infiltration basins. • Infiltration trenches (includes French drains). • Unlined retention basins (i.e., basins with no outlets). City of National City 27 SUSMP Manual 41 CHAPTER 2: CONCEPTS AND CRITERIA • Unlined or open -bottomed vaults or boxes installed below grade (dry wells)_ Infiltration devices may not be used in: • Areas of industrial or light industrial activity; areas subject to high vehicular traffic (25,000 or greater average daily traffic on main roadway or 15,000 or more average daily traffic on any intersecting roadway); • Automotive repair shops; • Car washes; • Fleet storage areas (bus, truck, etc.); • Nurseries; • Other areas with pollutant sources that could pose a threat to groundwater, as designated by the City of National City. The vertical distance from the base of any infiltration device to the seasonal high groundwater mark shall be at least 10 feet. Infiltration devices shall be located a minimum of 100 feet horizontally from any known water supply wells. In addition, infiltration devices are not recommended where: • The infiltration device would receive drainage from areas where chemicals are used or stored, where vehicles or equipment are washed, or where refuse or wastes are handled. • Surface soils or groundwater are polluted. • The facility could receive sediment -laden runoff from disturbed areas or unstable slopes. • Increased soil moisture could affect the stability of slopes of foundations. • Soils are insufficiently permeable to allow the device to drain within 72 hours. MOST LID FEATURES AND FACILITIES ARE NOT INFILTRATION DEVICES Self -treating and self -retaining areas, pervious pavements, bioretention facilities, and planter boxes are not considered to be infiltration devices. Bioretention facilities work by percolating runoff through 18 inches or more of engineered soil. This removes most pollutants before the runoff is allowed to seep into native soils below. Further pollutant removal typically occurs in the unsaturated (vadose) zone before moisture reaches groundwater. Where there is concern about the effects of increased soil moisture on slopes or foundations, an impermeable barrier may be added so the facility is "flow through" and all treated runoff is City of National City 28 SUSMP Manual 42 CHAPTER 2: CONCEPTS AND CRITERIA underdrained away from the facility. See the design sheets for Bioretention Facilities and Flow - Through Planters in Appendix B. References and Resources: • RWQCB Order R9-2007-0001 (Storm Water NPDES Permit). • Owl& fSan Diego Low Impact Development Handbook • Clean Water Act Section 402(p). • 40 CFR 122.24 • San Diego Regional Water Qiality Control Board—'fl\4DLs • State Water Resources Control Board --Ocean Standards • Site PlaninsJor Uthan Stream Pretedien (Schueier, 1995). • "Application of Water -Duality Engineering Fundamentals to the Assessment of Stormwater Treatment Devices" (Salvia, 2000). City of National City 29 SUSMP Manual 43 STORM WATER QUALITY COMPLIANCE your Project Submittal will demonstrate your project complies with all applicable requirements in the storm water NPDES permit —to minimize imperviousness, retain or detain storm water, slow runoff rates, incorporate required source controls, treat storm water prior to discharge, control runoff rates and durations, and provide for operation and maintenance of treatment and flow -control facilities. Submittal requirements vary from jurisdiction to jurisdiction. See below for the specific requirements of the City of National City. Typically, your Project Submittal must be coordinated with your application for discretionary approvals and must have sufficient detail to ensure the storm water design, site plan, and landscaping plan are congruent. A complete and thorough Project Submittal will facilitate quicker review and fewer cycles of review. The City of National City requires a submittal for every applicable project. For projects that do not fall into any Priority Development Project category, see City staff for applicable storm water requirements. This chapter contains Project Submittal requirements for Priority Development Projects. The step by step procedure in this chapter is highly recommended by the City of National City; any other approaches to meeting the requirements of this SUSMP Manual must be shown by the project proponent to he defensibly equivalent or better. City staff may use a review checklist such as the following example to evaluate your Project Submittal: City of National City 30 SUSMP Manual 44 CHAPTER 3: PREPARING YOUR PROJECT SUBMITTAL EXAMPLE PROJECT SUBMITTAL CHECKLIST SUBMITTAL COMPONENT REQUIREMENTS FOR PRIORITY DEVELOPMENT PROJECTS • Completed Applicability Checklist (Appendix A) O Vicinity Map II Site Map (See below for contents of Exhibit) O SUSMP Report (See below for contents of Report) O Drainage Study (with Hydromodification, if applicable) CONTENTS OF EXHIBIT (SITE MAP) Show all of the following on drawings: O Show entire property on one map. Use key map if multiple sheets arc necessary. (Step 1 in the following step-- by-step instructions) O Existing natural hydrologic features (depressions, watercourses, floodplains, relatively undisturbed areas) and significant natural resources. (Step 1) O Areas of potential soil erosion on the property and downstream of the project. (Step I) El Soil types and depth to groundwater_ (Step 1) O Existing and proposed site drainage network and connections to drainage off -site, including surface conveyances, private storm drain systems, and municipal storm drain inlets. (Step 3) O Proposed design features and surface treatments used to minimize imperviousness_ (Step 3) El Entire site divided into separate drainage areas, with each area identified as self -treating, self -retaining (zero - discharge), draining to a self -retaining area, or draining to an IMP. (Step 3) O For each drainage area, types of impervious area proposed (roof, plaza/sidewalk, and streets/parking) and area of each. (Step 3) O Proposed locations and sizes of treatment or flow -control facilities. (Step 3) O Potential pollutant source areas, including refuse areas, outdoor work and storage areas, etc. listed in Appendix C and corresponding required source controls. (Step 4) CONTENTS OF REPORT Include all of the following in your SUSMP Report: fl Table of Contents O Identification of the watershed(s), downstream waterbodies, waterbody impairments, and pollutants of concern (Step 1) O Narrative analysis or description of site features and conditions that constrain, or provide opportunities for, storm water control. (Step 2) O Narrative description of site design characteristics that protect natural resources. (Step 3) City of National City 31 SUSMP Manual 45 CHAPTER 3: PREPARING YOUR PROJECT SUBMITTAL ❑ Narrative description and/or tabulation of site design characteristics, building features, and pavement selections that reduce imperviousness of the site. (Step 3) ❑ Basis for selection of each proposed engineered LID IMP or alternative treatment facility. (Step 3) ❑ Tabulation of proposed pervious and impervious area, showing self -treating areas, self -retaining areas, and areas tributary to each treatment or flow -control facility. (Step 3) ❑ Preliminary designs, including calculations, for each infiltration, treatment, or flow -control facility. Elevations should show sufficient hydraulic head for each. (Step 3) ❑ A table of identified pollutant sources and for each source, the source control measure(s) used to reduce pollutants to the maximum extent practicable. See worksheet in Appendix C. (Step 4) ❑ General maintenance requirements for treatment and flow -control facilities (Step 5) ❑ Means by which facility maintenance will be financed and implemented in perpetuity_ (Step 5) ❑ Statement accepting responsibility for operation & maintenance of facilities (Step 5). ❑ Identification of any conflicts with codes or requirements or other anticipated obstacles to implementing the proposed facilities in the submittal (Step 6)- ❑ Construction Plan SUSMP Checklist (Step 6). ❑ Certification by a registered civil engineer (Step 6). City of National City 32 SUSMP Manual 46 Suggested coordination with site and landscape design Begin with general project requirements Sketch conceptual site layout, building locations, and circulation. Revise site layout, building locations, and circulation to accommodate LID design. Develop land- scaping plan. Submit Site Plan, Landscape Plan, and SUSMP Submittal CHAPTER 3: PREPARING YOUR PROJECT SUBMITTAL Plan and design your storm water controls integrally with the site planning and landscaping for your project. It's best to start with general project requirements and preliminary site design concepts, then prepare the detailed site design, landscape design, and storm water control design simultaneously. This will help ensure that your site plan, landscape plan, and Project Submittal are congruent. The following step-by-step procedure should optimize your design by identifying the best opportunities for storm water controls early in the design process. The recommended steps are: 1. Assemble needed information. 2. Identify site opportunities and constraints. 3. Follow the LID design guidance in Chapter 4 to analyze your project for LID and to develop and document your drainage design. 4. Specify source controls using the sources/source control checklist in Appendix C. 5. Plan for ongoing maintenance of treatment and flow -control facilities. 6. Complete the Project Submittal. City staff may recommend you prepare and submit a preliminary site design prior to formally applying for planning and zoning approvals. Your preliminary site design should incorporate a conceptual plan for site drainage, including self -treating and self -retaining areas and the location and approximate sizes of any treatment facilities. This additional up -front design effort will save time and avoid potential delays later in the review process. To select types and locations of treatment facilities, the designer needs to know the following site characteristics: ` Existing natural hydrologic features and natural resources, including any contiguous natural areas, wetlands, watercourses, seeps, or springs. City of National City 33 SUSMP Manual 47 CHAPTER 3: PREPARING YOUR PROJECT SUBMITTAL • Existing site topography, including contours of any slopes of 41)/or steeper, general direction of surface drainage, local high or low points or depressions, any outcrops or other significant geologic features. • Zoning, including requirements for setbacks and open space. • Public Works Standards or other local codes governing minimum street widths, sidewalk constniction, allowable pavement types, and drainage. These codes may conflict with Low Impact Development objectives to minimize imperviousness and to maintain or restore natural site hydrology. • Soil types (including hydrologic soil groups) and depth to groundwater, which may determine whether infiltration is a feasible option for managing site runoff. Depending on site location and characteristics, and on the selection of treatment and flow -control facilities, site -specific information (e.g. from boring Togs or geotecl nical studies) may be required. • Existing site drainage. For undeveloped sites, this should be obtained by inspecting the site and examining topographic maps and survey data. For previously developed sites, site drainage and connection to the municipal storm drain system can be located from site inspection, municipal storm drain maps, and plans for previous development. • Existing vegetative cover and impervious areas, if any. • Watershed(s) in which the project area is located. • Pollutants of Concern in receiving waters. For each of the proposed project discharge points, identify the receiving water(s), including hydrologic unit basin number(s), as identified in the most recent version of the Water Quality Control Plan for the San Diego Basin', prepared by the San Diego Regional Water Quality Control Board. Identify any receiving waters, into which the developed area would discharge to, listed on the most recent list of Clean Water Act Section 303(d) unpaired water bodies'. List any and all pollutants for which the receiving waters are impaired. Use Table 2-1 of this SUSMP Manual to list anticipated pollutants based on land use. References and Resources Site Pla singfor (Jrban Stream Protection (Schueler 1995). • Star' at the Souae (11ASMAA 1999), p. 36 t. Go to: http://www.watcrboards.eagov/sandiego/water issues/programs/303d list/index.shtml 2. Under Section 303(d) of the 1972 Clean Water Act, states, territories and authorized tribes are required io develop a list of water quality limited segments. These waters on the list do not meet water quality standards, even after point sources of pollution have installed the minimum required levels of pollution control technology. Go to: http://wwwswrcb.ca.gov/rwgcb9/water_issues/programs/303d_hst/indexshtml. San Diego is in Region 9. City of National City 34 SUSMP Manual 48 CHAPTER 3: PREPARING YOUR PROJECT SUBMITTAL Review the information collected in Step 1. Identify the principal constraints on site design and selection of treatment and flow -control facilities as well as opportunities to reduce imperviousness and incorporate facilities into the site and landscape design. For example, constraints might include impermeable soils, high groundwater, groundwater pollution or contaminated soils, steep slopes, geotechnical instability, high -intensity land use, heavy pedestrian or vehicular traffic, restricted right-of-way, or safety concerns. Opportunities might include existing natural areas, low areas, oddly configured or otherwise unbuildable parcels, casements and landscape amenities including open space and buffers (which can double as locations for bioretention facilities), and differences in elevation (which can provide hydraulic head). Note storm water treatment facilities should not be located within protected riparian areas. Prepare a brief narrative describing site opportunities and constraints. This narrative will help you as you proceed with LID design and explain your design decisions to others. Use the Low Impact Development Design Guide (Chapter 4) to analyze your project for IAD, design and document drainage, and specify preliminary design details for integrated management practices. Follow the detailed instructions in Chapter 4 to ensure your project complies with NPDES permit LID requirements (Provision D.1.d.(4)) as well as storm water treatment requirements in Provision D.1.d.(6)). In future editions of this SUSMP Manual, the LID Design Guide will be updated so that additional hydromodifrcation management requirements are also met via this unified design procedure. Chapter 4 includes calculation procedures and formats for presenting your calculations. As shown in the example checklist (page 31), your Project Submittal may need to include a drawing showing: ■ The entire site divided into separate drainage management areas (DMAs), with each area identified as one of the following: self -treating, self -retaining, draining to a self - retaining area, or draining to an IMP. Each area should be clearly marked with a unique identifier. ■ For each drainage area, the types of impervious area proposed, and the area of each. Compliance The design criteria for DMAs in Chapter 4 ensure the required vohune of flow from all developed portions of the project, including landscaped areas, is infiltrated, filtered,or treated (Provision D. Ld(6)(a)_ ▪ Proposed locations and sizes of treatment facilities. Each facility should be clearly marked with a unique identifier. City of National City 35 SUSMP Manual 49 CHAPTER 3: ARINGPREP YOUR PROJECT SUBMITTAL Your Project Submittal may need to include: • Tabulation of proposed self -treating areas, self -retaining areas, areas draining to self, retaining areas, and areas draining to IMPs, and the corresponding IMPs identified on the Exhibit. • Calculations, in the format shown in Chapter 4, showing the minimum square footage required and proposed square footage for each IMP. • Preliminary designs for each IMP. The design sheets and accompanying drawings in Appendix B may be used or adapted for this purpose_ The following may also be required, or may be advisable to assist the reviewer to understand your design: • A narrative overview of your design and how your design decisions optimize the site layout, use pervious surfaces, disperse runoff from impervious surfaces, and drain impervious surfaces to engineered IMPs. See Chapter 4. • A narrative briefly describing each drainage management area (DMA), its drainage, and where drainage will be directed_ • A narrative briefly describing each IMP. Include any special characteristics or features distinct from the design sheets in Appendix B. References and Resources • Chapter 4 • Como af.San Diego Low Impact Development Handbook • The City of National City General Plan • The City of National City S/arm (Voter Management and Diechatge Control Ordinance (Chapter 14.22.010 of the Nauonal City Municipal Code) • Low Impact Development Manual (Prince George's County, Maryland, 1999). • Bioretention Manual (Prince George's County, Maryland, rev. 2002) Site Planniingfor Urban Stream Protection (Schueler, 1995b). Loa Impact Development Technical Guidance Manualfor Puget Swivel (Puget Sound Action 'ream, 2005) • I JD for Big Box Retailers (Low Impact Development Center, 2006) Some everyday activities — such as trash recycling/disposal and washing vehicles and equipment — generate pollutants that tend to find their way into storm drains. These pollutants can be minimized by applying source control BMPs. Source control BMPs include permanent, structural features that rnusr be incorporated into your project plans and operational BMPs, such as regular sweeping and "housekeeping," that must be implemented by the site's occupant or user. The maximum extent practicable standard typically requires both types of BMPs. In general, operational BMPs cannot be substituted for a feasible and effective permanent BMP. City of National City 36 SUSMP Manual 50 CHAPTER 3: PREPARING YOUR PROJECT SUBMITTAL Use the following procedure to specify source control BMPs for your site: I. IDENTIFY POLLUTANT SOURCES Review the first column in the Pollutant Sources/Source Control Checklist (Appendix C). Check off the potential sources of pollutants that apply to your site. ► NOTE LOCATIONS ON SUBMITTAL DRAWING Note the corresponding requirements listed in Column 2 of the Pollutant Sources/Source Control Checklist (Appendix C). Show the location of each pollutant source and each permanent source control BMP in your submittal drawing. ► PREPARE A TABLE AND NARRATIVE Check off the corresponding requirements listed in Column 3 in the Pollutant Sources/Source Control Checklist (Appendix C.). Now, create a table using the format in Table 3-1. In the left column, list each potential source on your site (from Appendix C, Column 1). In the middle column, list the corresponding permanent, structural BMPs (from Columns 2 and 3, Appendix C) used to prevent pollutants from entering runoff. Accompany this table with a narrative that explains any special features, materials, or methods of construction that will be used to implement these permanent, structural BMPs. ► IDENTIFY OPERATIONAL SOURCE CONTROL BMPS TABLE 3-1. Format for Table of Permanent and Operational Source Control Measures. Potentialsource of Permanent Operational runoff pollutants source control BMPs source control 8111Ps ro complete your table, refer once again to the Pollutant Sources/Source Control Checklist (Appendix C, Column 4). List in the right column of your table the operational BMPs that should be implemented as long as the anticipated activities continue at the site. The same BMPs may also be required as a condition of a use permit or other revocable discretionary approval for use of the site. References and Resources Appendix C- Storm Water Pollutant Sources/Source Control Checklist • RWQCB Order R9-2007-0001, Provision D.l.d.(S) • Start at the Soarr4 Section 6.7: Details, Outdoor Work Areas • C.:10nda Stem:water lndastriallCommeniat &st Manageareat Practice Handbag; • Urban Ruaof9ua&ty Management (\VEF/ASCE, 1998) Chapter 4: Source Controls City of National City 37 SUSMP Manual 51 CHAPTER 3: PREPARING YOUR PROJECT SUBMITTAL As required by NPDES Permit Provision D.1.c.(5), projects that include permanent 1314113s shall be conditioned to require submittal of proof of a mechanism under which ongoing long-term maintenance of storm water treatment and flow -control facilities will be conducted, satisfactory to the City of National City. Note that treatment facilities include both IMPs and treatment control BMPs. The City of National City requires the following items be included in your Project Submittal: 1. A means to finance and implement facility maintenance in perpetuity. 2. Acceptance of responsibility for maintenance from the time the facilities are constructed until responsibility for operation and maintenance is legally transferred. A warranty covering a period following construction may also he required. 3. An outline of general maintenance requirements for the treatment and flow -control facilities you have selected. The City of National City may also require that you prepare and submit a detailed plan that sets forth a maintenance schedule for each of the treatment and flow -control facilities built on your site. Details of these requirements, and instructions for preparing a detailed operation and maintenance plan, are in Chapter 5. References and Resources • Chapter 5 • Operation, Maintenance, and Management of Stormwater Management Systems (Watershed Management Institute, 1997) City staff may provide specific instructions for the content and format of your Project Submittal. Your Project Submittal should document the information gathered and decisions made in Steps 1-5. A clear, complete, well -organized Project Submittal will make it possible to confirm your design meets the minimum requirements of the NPDES permit, the City of National City Storm Water Ordinance, and this SIJSMP Manual. ► COORDINATION WITH SITE, ARCHITECTURAL, AND LANDSCAPING PLANS Before completing your Project Submittal, ensure your storm water control design is fully coordinated with the site plan, grading plan, and landscaping plan being proposed for the site. Information submitted and presentations to design review committees, planning commissions, and other decision -snaking bodies must incorporate relevant aspects of the storm water design. In particular, ensure: City of National City 38 SUSMP Manual 52 CHAPTER 3: PREPARING YOUR PROJECT SUBMITTAL • Curb elevations, elevations, grade breaks, and other features of the drainage design are consistent with the delineation of DMAs. • The top edge (overflow) of each bioretention facility is level all around its perimeter —this is particularly important in parking lot medians. • The resulting grading and drainage design is consistent with the design for parking and circulation. • Bioretention facilities and other IMPS do not create conflicts with pedestrian access between parking and building entrances. ▪ Vaults and utility boxes can be accommodated outside bioretention facilities arid will not be placed within bioretention facilities. ▪ The visual impact of storm water facilities, including planter boxes at building foundations and any terracing or retaining walls required for the storm water control design, is shown in renderings and other architectural drawings. ■ Landscaping plans, including planting plans, show locations of bioretention facilities, and the plant requirements arc consistent with the engineered soils and conditions in the bioretention facilities. ■ Renderings and representation of street views incorporate any storm water facilities located in street -side buffers and setbacks 10- CONSTRUCTION PLAN SUSMP CHECKLIST When you submit construction plans for City review and approval, the reviewer will compare that submittal with your earlier Project Submittal. By creating a Construction Plan SUSMP Checklist for your project, you can facilitate the reviewer's comparison and speed review of your project. TABLE 3-2. Format for Construction Plan SUSMP Checklist SUSMP Page # BMP Description See Plan Sheet #s City of National City 39 SUSMP Manual 53 CHAPTER 3: PREPARING YOUR PROJECT SUBMITTAL Here's how: 1. Create a table similar to Table 3-2. Number and list each measure or BMP you have specified in your Project Submittal in Columns 1 and 2 of the table. Leave Column 3 blank. Incorporate the table into your Project Submittal. 2. When you submit construction plans, duplicate the table (by photocopy or electronically). Now fill in Column 3, identifying the plan sheets where the BMPs are shown. List all plan sheets on which the BMP appears. Submit the updated table with your construction plans. Note that the updated table -ter Construction Plan SUSMP Checklist is only a reference tool to facilitate comparison of the construction plans to your Project Submittal. City staff can advise you regarding the process required to propose changes to your approved Project Submittal. ► CERTIFICATION Your Project Submittal shall be certified by a registered civil engineer. The certification should state: "The selection, sizing, and preliminary design of storm water treatment and other control measures in this plan meet the requirements of Regional Water Quality Control Board Order R9-2007-0001 and subsequent amendments." City of National City 40 SUSMP Manual 54 CHAPTER 3: PREPARING YOUR PROJECT SUBMITTAL ► EXAMPLE PROJECT SUBMITTAL OUTLINE AND CONTENTS Check with City staff for requirements specific to your project. Project Setting A. Project Name, Location, Description of project activities B. Vicinity Map C. Existing site features and conditions D. Opportunities and constraints for storm water control E. Watcrshed(s), receiving water bodies, and water body impairments F. Pollutants of concern based on land use and downstream water body impairments G. Impacts to hydrologic regime II_ Low Impact Development Design Strategies A. Optimization of site layout (1) Limitation of development envelope (2) Preservation of natural drainage features (3) Setbacks from creeks, wetlands, and riparian habitats (4) Minimization of imperviousness (5) Using drainage as a design element B. Use of permeable pavements C. Dispersal of runoff to pervious areas D. Use of Integrated Management Practices III. Documentation of Drainage Design A. Drainage Management Areas (1) Tabulation (2) Descriptions B. Integrated Management Practices (1) Tabulation and Sizing Calculations City of National City 41 SUSMP Manual 55 CHAPTER 3: PREPARING YOUR PROJECT SUBMITTAL (2) Descriptions IV. Source Control Measures A. Description of site activities and potential sources of pollutants B. Table showing sources, permanent source controls, and operational source controls V. Facility Maintenance Requirements A. Ownership and responsibility for maintenance in perpetuity. (1) Commitment to execute any necessary agreetnents. (2) Statement accepting responsibility for operation and maintenance of facilities until that responsibility is formally transferred. B. Summary o[ maintenance requirements for each storm water facility. V}. Construction Plan SUSMP Checklist VII. Certifications VIII_ Attachment: SUSMP Exhibit (Site Map) clearly showing: A. Entire property }l. Nearby water bodies and municipal storm drain inlets C. Private storm drain systems D. Drainage Management Areas E. Integrated Management Practices F. Source control measures and potential sources of pollutants G. Any other proposed BMPs I. SPECIFIC PROJECT CONSIDERATIONS Your submittal will reflect the unique character of your own project and should tneet the requirements identified in this SUSMP Manual. (:ity staff can assist you to determine how specific requirements apply to your project. City of National City 42 SUSMP Manual 56 STORM WATER QUALITY COMPLIANCE Guirkna for resigning crud and flawmntmlfaaRer LID sik, dninag4 Votm flutertreatz itfaa�de.� Follow the Low Impact Development (LID) design in this BMP manual to achieve compliance with the storm water treatment requirements as well as the LID requirements in the storm water NPDES permit. The City of National City encourages the use of the design and documentation strategies outlined in this chapter. While other approaches may be used, they must be defensibly shown by the project proponent to meet or exceed the standards in this SUSMP Manual. This will require careful documentation of: ▪ Pervious and impervious areas in the planned project. ▪ Drainage from each of these areas. • Locations, sizes, and types of proposed treatment facilities. Your Project Submittal must include calculations showing the site drainage and proposed LID treatment facilities meet the criteria in this SUSMP Manual. This Low Impact Development Design Guide will help you: • Analyze your project and identify and select options for implementing LID techniques to meet runoff treatment requirements —and flow -control requirements, if they apply. • Design and document drainage for the whole site and document how that design meets this SUSMP Manual's storm water treatment criteria. • Specify preliminary design details and integrate your LID drainage design with your paving and landscaping design. City of National City 43 SUSMP Manual 57 CHAPTER 3: PREPARING YOUR PROJECT SUBMITTAL Alternatives to LID design are discussed in the final section of this chapter. Conceptually, there are four LID strategies for managing runoff from buildings and paving: 1. Optimize the site layout by preserving natural drainage features and designing buildings and circulation to minimize the amount of roofs and paving. 2. Use pervious surfaces such as turf, gravel, or pervious pavement or use surfaces that retain rainfall, such as vegetated roofs. All drainage from these surfaces is considered to be "self -retained" (a detailed definition corresponding to this concept is on page 50). No further management of runoff is necessary. An emergency overflow should be provided for extreme events. 3. Disperse runoff from impervious surfaces on to adjacent pervious surfaces (e.g., direct a roof downspout to disperse runoff onto a lawn). 4. Drain impervious surfaces to engineered Integrated Management Practices (IMPs), such as bioretention facilities, planter boxes, cisterns, or dry wells. IMPs infiltrate runoff to groundwater and/or percolate runoff through engineered soil and allow it to drain away slowly. Depending on site conditions and local regulations, it may he possible to harvest and reuse rainwater in conjunction with IMPs. A combination of two or more strategies may work best for your project. With forethought in design, the four strategics can provide multiple, complementary benefits to your development. Pervious surfaces reduce heat island effects and temperature extremes. Landscaping improves air quality, creates a better place to live or work, and upgrades value for rental or sale. Retaining natural hydrology helps preserve and enhance the natural character of the area. LID drainage design can also conserve water and reduce the need for drainage infrastructure. Table 4-1 includes ideas for applying LID strategies to site conditions and types of development. City of National City 44 SUSMP Manual 58 CHAPTER 3: PREPARING YOUR PROJECT SUBMITTAL TABLE 4-1. Ideas for Runoff Manasement Site Features and Design Objectives Vegetated Roof .Celj-retaning Areas Pervious Pavement Bioretention Facility Flow-throxgb Planter Dry Well Cistern with bwretention Clayey native soils ✓ ✓ V. ✓ Permeable native soils ✓ ✓ ✓ ✓ ✓ Very steep slopes ✓ ✓ Shallow groundwater ✓ ✓ Avoid saturating subsurface soils ✓ ✓ ✓ Connect to roof downspouts ✓ ✓ ✓ ✓ ✓ Parking lots/islands and medians ✓ ✓ ✓ Sites with extensive landscaping ✓ ✓ V. Densely developed sites with limited space/landscape if ✓ ✓ ✓ ✓ Fit IMPS into landscape and setback areas ✓ if. Make drainage a design feature ✓ ✓ ✓ Convey as well as treat storm water ✓ ► OPTIMIZE THE SITE LAYOUT To minimize storm water -related impacts, apply the following design principles to the layout of newly developed and redeveloped sites. City of National City 45 SUSMP Manual 59 CHAPTER 3: PREPARING YOUR PROJECT SUBMITTAL Conserve natural areas, soils, and vegetation. Define the development envelope and protected areas, identifying areas that are most suitable for development and areas that should be left undisturbed. Use the following guideline to determine the least sensitive areas of the site, in order of increasing sensitivity: 1. Areas devoid of vegetation, including previously graded areas and agricultural fields. 2. Areas of non-native vegetation, disturbed habitats, and eucalyptus woodlands where receiving waters are not present. 3_ Areas of chamise or mixed chaparral, and non-native grasslands. 4. Areas containing coastal scrub communities. 5. All other upland communities. 6. Occupied habitat of sensitive species and all wetlands. Within each of the previous categories, hillside areas should be considered more sensitive than flatter areas. Coordination Chapter One includes a presentation of how review of your project's site design and landscape design is coordinated with review for compliance with storm water NPDES requirements. Where possible, conform the site layout along natural landforms, avoid excessive grading and disturbance of vegetation and soils, and replicate the site's natural drainage patterns. Set back development from creeks, wetlands, and riparian habitats. Preserve significant trees, especially native trees and shrubs, and identify locations for planting additional native or drought tolerant trees and large shrubs. Concentrate development on portions of the site with less permeable soils, and preserve areas that can promote infiltration. For all types of development, limit overall coverage of paving and roofs. Where allowed by National City zoning and design standards and provided public safety and a walkable environment arc not compromised—thiscan be accomplished by designing compact, taller structures, narrower and shorter streets and sidewalks, smaller parking lots (fewer stalls, smaller stalls, and more efficient lanes), and indoor or underground parking. Examine site layout and circulation patterns and identify areas where landscaping can be substituted for pavement. Detain and retain runoff throughout the site. On flatter sites, it typically works best to intersperse landscaped areas and IMPs among the buildings and paving. On hillside sites, drainage from upper areas may be collected in conventional catch basins and piped to landscaped areas arid IMPS in lower areas. Use drainage as a design element. Use depressed landscape areas, vegetated buffers, and bioretention areas as amenities and focal points within the site and landscape design. Bioretention areas can be almost any shape and should be located at low points. Biorctention areas shaped as swales can detain and treat low runoff flows and also convey higher flows. City of National City 46 SUSMP Manual 60 CHAPTER 3: PREPARING YOUR PROJECT SUBMITTAL ► USE PERVIOUS SURFACES Consider a vegetated roof. Although not yet widely used in California, vegetated or "green" roofs are growing in popularity. Potential benefits include longer roof life, lower heating and cooling costs, and better sound insulation, in addition to air quality and water quality benefits. For SUSMP compliance purposes, vegetated roofs are considered not to produce increased runoff or runoff pollutants (i.e., any runoff from a vegetated roof requires no further treatment or detention). For more information on vegetated roofs, see www.greenroofs.org. Consider permeable pavements and surface treatments. Inventory paved areas on your preliminary site plan. Identify where permeable pavements, such as crushed aggregate, turf block, unit pavers, pervious concrete, or pervious asphalt could be substituted for impervious concrete or asphalt paving. I. DISPERSE RUNOFF TO ADJACENT PERVIOUS AREAS Look for opportunities to direct runoff from impervious areas to adjacent landscaping. The design, including slopes and soils, must reflect a reasonable expectation that an inch of rainfall will soak into the soil and produce no runoff. For example, a lawn or garden depressed 3-4" below surrounding walkways or driveways provides a simple but functional landscape design element. For sites subject to storm water treatment requirements only, a 2:1 maximum ratio of impervious to pervious area is acceptable. Be sure soils will drain adequately. Under some circumstances, it may be allowable to direct runoff from impervious areas to pervious pavement (for example, from roof downspouts to a parking lot paved with crushed aggregate or turf block). The pore volume of pavement and base course must be sufficient to retain an inch of rainfall, including runoff from the tributary area. The slopes and soils must be compatible with infiltrating that volume without producing runoff. ► DIRECT RUNOFF TO INTEGRATED MANAGEMENT PRACTICES Design criteria have been developed for the following IMPs: • Bioretention facilities, which can he configured as swales, free -form areas, or planters to integrate with your landscape design. • Flow -through planters, which can be used near building foundations and other locations where infiltration to native soils is not desired. • Dry wells and other infiltration facilities, which can be used only where soils are permeable. • Cisterns, in combination with a bioretention facility. See the design sheets in Appendix B. City of National City 47 SUSMP Manual 61 CHAPTER 3: PREPARING YOUR PROJECT SUBMITTAL It may be possible to create a site -specific design that uses cisterns to achieve storm water flow control, storm water treatment, and rainwater reuse for irrigation or indoor uses (water harvesting). Such a design could expand the multiple benefits of LID to include water conservation. Keep in mind: • Facilities must meet criteria for capturing and treating the volume specified by Equation 4-8 below. This volume must be allowed to empty within 24 hours so runoff from additional storms, which may follow, is also captured and treated. Additional volume may be required if the system also stores runoff for longer periods for reuse. • Storage of water for longer than 48 hours creates the potential for mosquito harborage. Cisterns must be designed to prevent entry by mosquitoes. • Indoor uses of non -potable water may be restricted or prohibited. Check with City staff Sotne references and resources for water harvesting appear at the end of this chapter. Finding the right location for treatment facilities on your site involves a careful and creative integration of several factors: ■ To make the most efficient use of the site and to maximize aesthetic value, integrate IMPs with site landscaping. Zoning codes may require landscape setbacks or buffers, or may specify that a minimum portion of the site be landscaped. It may be possible to locate some or all of your site's treatment and flow -control facilities within this same area, or within utility easements or other non buildable areas. • Planter boxes and bioretention areas must be level or nearly level all the way around. Bioretention areas configured as swales may be gently sloped in the linear direction, but opposite sides must be at the same elevation. ▪ For effective, low -maintenance operation, locate facilities so drainage into and out of the device is by gravity flow. Pumped systems are feasible, but are expensive, require more maintenance, are prone to untimely failure, and can cause mosquito control problems. ■ If the property is being subdivided now or in the future, the facility should be in a common, accessible area. In particular, avoid locating facilities on private residential lots. Even if the facility will serve only one site owner or operator, make sure the facility is located for ready access by inspectors from the City of National City and local vector control agency. • The facility must be accessible to equipment needed for its maintenance. Access requirements for maintenance will vary with the type of facility selected. Planter boxes and bioretention areas will typically need access for the same types of equipment used for landscape maintenance. City of National City 48 SUSMP Manual 62 CHAPTER 3: PREPARING YOUR PROJECT SUBMITTAL To complete your analysis, include in your Project Submittal a brief narrative documenting the site layout and site design decisions you made. This will provide background and context for how your design meets the quantitative LID design criteria. The design documentation procedure begins with careful delineation of pervious areas and impervious areas (including roofs) throughout the site. The procedure accounts for how runoff from each delineated area is managed. For areas draining to IMPs, the procedure ensures each IMP is appropriately sized. The procedure results in a space -efficient, cost-efficient LID design for meeting SUSMP requirements on most residential and commercial/industrial developments. The procedure arranges documentation of drainage design and IMP sizing in a consistent format for presentation and review. This procedure is intended to facilitate, not substitute for, creative interplay among site design, landscape design, and drainage design. Several iterations may be needed to optimize your drainage design as well as aesthetics, circulation, and use of available area for your site. You should be able to complete the needed calculations using only the project's site development plan. STEP 1: DELINEATE DRAINAGE MANAGEMENT AREAS This is the key first step. You must divide the entire project area into individual, discrete Drainage Management Areas (DMAs). Typically, lines delineating DMAs follow grade breaks and roof ridge lines. The Exhibit, tables, text, and calculations in your Project Submittal will illustrate, describe, and account for runoff from each of these areas. Use separate DMAs for each surface type (e.g_, landscaping, pervious paving, or roofs). Each DMA must be assigned a single hydrologic soil group. Assign each DMA an identification number and determine its size in square feet. City of National City 49 SUSMP Manual 63 CHAPTER 3: PREPARING YOUR PROJECT SUBMITTAL ► STEP 2: CLASSIFY DMAS AND DETERMINE RUNOFF FACTORS Next, determine how drainage frorn each DMA will be handled. Each DMA will he one of the following four types: I. Self -treating areas. 2. Self -retaining areas (also called "zero -discharge" areas). 3. Areas that drain to self -retaining areas. 4. Areas that drain to IMPS. Self -treating directly off site Rationale Pollutants in rainfall aril windblown dust will tend to become entrained in the vegetation and sods of landscaped arras, SO 110 additional treatment is needed. It is assumed the self -treating landscaped areas will produce mnoff less than or equal to the pre project site condition_ areas are landscaped or turf areas that do not drain to 1MPs, but rather drain or to the storm drain system. Examples include upslope undeveloped areas which are ditched and drained around a development and grassed slopes which drain off -site to a street or storm drain. In general, self - treating areas include no impervious areas, unless the impervious area is very small (5% or less) in relationship to the receiving pervious area and slopes are gentle enough to ensure runoff will be absorbed into the vegetation and soil. Criteria for self -treating areas arc in the design sheet "Self Treating and Self -Retaining Areas" in Appendix B. ifi i fr y FIGURE 4-1. Self -treating areas are entirely pervious and drain directly off -site or to the storm drain system. Self -retaining areas arc designed to retain the first one inch of rainfall without producing any runoff. The technique works best on flat, heavily landscaped sites. It may be used on mild slopes if there is a reasonable expectation that a one -inch rainfall event would produce no runoff. To create self -retaining turf and landscape areas in flat areas or on terraced slopes, berm the area or depress the grade into a concave cross-section so that these areas will retain the first inch of rainfall. Specify slopes, if any, toward the center of the pervious area. Inlets of area drains, if any, should be set 3 inches above the low point to allow ponding. City of National City 50 SUSMP Manual 64 CHAPTER 3: PREPARING YOUR PROJECT SUBMITTAL Criteria for self -retaining areas are in the design sheet "Self Treating and Self -Retaining Areas" in Appendix B. SECTION FIGURE 4-2. Self -retaining areas. Berm or depress the grade to retain at least an inch of rainfall and set inlets of any area drains at least 3 inches above low point to 'allow ponding. Areas draining to self -retaining areas. Runoff from impervious or partially pervious areas can be managed by routing it to self -retaining pervious areas. For example, roof downspouts can be directed to lawns, and driveways can be sloped toward landscaped areas. The maximum ratio is 2 parts irnpervious area for every 1 part pervious area. IMPERVIOUS PERVIOUS SURFACE- SURFACE DRAINAGE RUNOFF FIGURE 4-3. Relationship of irnpervious to pervious area for self -retaining areas. Ratio: pervious _> % impervious The drainage from the impervious area must be directed to and dispersed within the pervious area, and the entire area must be designed to retain an inch of rainfall without Flowing off -site. For example, if the maximum ratio of 2 parts impervious area into 1 part pervious area is used, then the pervious area must absorb 3 inches of water over its surface before over -flowing to an off -site drain. City of National City 51 SUSMP Manual 65 CHAPTER 3: PREPARING YOUR PROJECT SUBMITTAL A partially pervious area may be drained to a self -retaining area. For example, a driveway composed of unit pavers may drain to an adjacent lawn. In this case, the maximum ratios are: (Runoff factor) x (tributary area) 2 x (self -retaining area) Equation 4-1 Use the runoff factors in Table 4-2. Prolonged ponding is a potential problem at higher impervious/pervious ratios. In your design, ensure that the pervious arca soils can handle the additional run-on and are sufficiently well - drained. Under some circumstances, pervious pavement (e.g., crushed stone, pervious asphalt or pervious concrete) can be self -retaining_ Adjacent roofs or impervious pavement may drain on to the pervious pavement in the same maximum ratios as described above. To design a pervious pavement to he a self -treating area, ensure: • The gravel base course is a minimum of four or more inches deep. ■ The base course is not to he underdrained_ • A qualified engineer has been consulted regarding infiltration rates, pavement stability, and suitability for the intended traffic. Runoff from self -treating and self -retaining areas does not require any further treatment or flow control - TABLE 1.2. Exam le Runoff Factors for Surfaces Draining to IMPS. Surface Factor Roofs 1.0 Concrete 1.0 Pervious Concrete 0.1 Porous Asphalt 0.1 Grouted Unit Pavers 1.0 Solid Unit Pavers on granular base, min_ 3/16 inch joint space 0.2 Crushed Aggregate 0.1 Turtblock 0.1 Amended, mulched soil 0.1 Landscape 0.1 Areas draining to IMPs arc multiplied by a sizing factor to calculate the required size of the IMP. On most densely developed sites ---such as commercial and mixed -use developments and small -lot residential subdivisions —most DMAs will drain to IMPs. City of National City 52 SUSMP Manual 66 CHAPTER 3: PREPARING YOUR PROJECT SUBMITTAL More than one drainage area can drain to the same IMP. However, because the minimum IMP sizes are determined by ratio to drainage area size, a drainage area may not drain to more than one IMP. See Figures 4-4 and 4-5. FIGURE 4-4. More than one Drainage Management Area can drain to a single IMP. FIGURE 4-5. One Drainage Management Area cannot drain to more than one IMP. Ilse a grade break to divide the DMA. Where possible, design site drainage so only impervious roofs and pavement drain to IMPs. This yields a simpler, more efficient design and also helps protect IMPs from becoming clogged by sediment. If it is necessary to include turf, landscaping, or pervious pavements within the area draining to an IMP, list each surface as a separate DMA. A runoff factor (similar to a "C" factor used in the rational method) is applied to account for the reduction in the quantity of runoff. For example, when a turf or landscaped drainage management area drains to an IMP, the resulting increment in IMP size is: A (Area) (pervious area) x (runoff factor) x (sizing factor). Use the runoff factors in Table 4-2. I. STEP 3: TABULATE DRAINAGE MANAGEMENT AREAS • Tabulate self -treating areas in the format shown in Table 4-3_ ■ Tabulate self -retaining areas in the format shown in Table 4-4. • Tabulate areas draining to self -retaining areas in the format shown in Table 4-5. Check to be sure the total product of (square feet of tributary area X runoff factor) for all DMAs draining to a receiving self -retaining area is no greater than a 2:1 ratio to the square footage of the receiving self -retaining area itself. City of National City 53 SUSMP Manual 67 CHAPTER 3: PREPARING YOUR PROJECT SUBMITTAL • Compile a list of DMAs draining to IMPs. Proceed to Step 4 to check the sizing of the IMPs. TABLE 4-3. Format for Tabulating Self -Treating Areas DMA Name Area (square feet) TABLE 4-4. Format for Tabulating Self -Retaining Areas DMA Name Area (square feet) TABLE 4-5_ Format for Tabulating Areas Draining to Self -Retaining Areas DMA Name Area Post project Runoff Receiving self- Receiving self (square feet) surface type factor retaining D?vL4 retaining DMA Area (square feet) ► STEP 4: SELECT AND LAY OUT IMPS ON SITE PLAN Select from the list of IMPS in Table 4-6. Illustrations, designs, and design criteria for the 1MPs are in the "IMP Design Details and Criteria" at the end of this chapter. Once you have laid out the IMPS, calculate the square footage you have set aside on your site plan for each IMP. I. STEP 5: REVIEW SIZING FOR EACH IMP For each of the IMPS, use the appropriate sizing from Table 4-6. TABLE 4-6. IMP Sizing Factors Bioretention Facilities Sizing Factor for Area - 0.04 Flow -through Planters Sizing Factor for Area - 0.04 Dry Well or Infiltration Basin Scc Step 6 to Calculate Min. Volume Cistern with Bioretcntion See Step 6 to Calculate Min. Volume of Cistern; then use 0.04 to calculate minimum size of bioretcntion area City of National City 54 SUSMP Manual 68 CHAPTER 3: PREPARING YOUR PROJECT SUBMITTAL ► STEP 6: CALCULATE MINIMUM AREA AND VOLUME OF EACH IMP The minimum area of bioretention facilities and flow -through planters is found by summing- up the contributions of each tributary DMA and multiplying by the adjusted sizing factor for the IMP. Equation 4-7 DMA DMA \ " IMP " Min. IMP Area = Square x Runoff x Sizing Footage Factor Factor Use the format of Table 4-7 to present the calculations of the required minimum area and volumes for bioretention areas and planter boxes: TABLE 4-7. Format for Presenting Calculations of Minimum IMP Areas for Bioretention Areas and Planter Boxes. DMA DMA Post_ Area Area project DMA x DMA (squaw surface Runoff runoff Name feet) type factor factor Soil Type: &MP Name IMP Suing Lfininwnt Proposer! factor Area Area Total 0.04 IMP Area To size dry wells, infiltration basins, or infiltration trenches, use the following procedure: I_ Use the County of San Diego's 85th Percentile Isopluvial Map to determine the minimum unit volume. 2_ Determine the weighted runoff factor ("C" factor) for the area tributary to the facility. The factors in Table 4-2 may be used. 3. Multiply the weighted runoff factor times the tributary area times the tninimum unit volume. Equation 4-8 Volume = [Tributary Area] x[weighted runoff , factorlx unit volume] City of National City 55 SUSMP Manual 69 CHAPTER 3: PREPARING YOUR PROJECT SUBMITTAL 4. Select a facility depth. 5. Determine the required facility area. Dry wells may be designed as an open vault or with rock fill. If rock till is used, assume a porosity of 40"/o. 6. Ensure the facility can infiltrate the entire volume within 72 hours. To size a cistern in series with a bioretention facility: 1. Use Equation 4-8 to calculate the required cistern volume_ 2. Design a discharge orifice for drawdown time of 24 hours. 3. Determine the maximum discharge from the orifice. 4. The minimum area of the bioretention facility must treat this flow based on a percolation rate of 5" per hour through the engineered soil. ▪ STEP 7: DETERMINE IF AVAILABLE SPACE FOR IMP IS ADEQUATE Sizing and configuring IMPS may be an iterative process. After computing the minimum IMP area using Steps 1 — 6, review the site plan to determine if the reserved IMP area is sufficient. If so, the planned IMYMPs will meet the SUSMP sizing requirements. If not, revise the plan accordingly. Revisions may include: ■ Reducing the overall imperviousness of the project site. • Changing the grading and drainage to redirect some runoff toward other IMPs which may have excess capacity_ • Making tributary landscaped DMAs self treating or self -retaining. • Expanding IMP surface area. STEP 8: COMPLETE YOUR SUMMARY REPORT Present your IMP sizing calculations in tabular form. Adapt the following format as appropriate to your project. Coordinate your presentation of DMAs and calculation of minimum IMP sizes with the Project Submittal drawing (labeled to show delineation of DMAs and locations of IMPs). It is also helpful to incorporate a brief description of each DMA and each IMP. Sum the total area of all DMAs and IMPS listed and show it is equal to the total project area. This step may include adjusting the square footage of some DMAs to account for area used for IMPs. City of National City 56 SUSMP Manual 70 CHAPTER 3: PREPARING YOUR PROJECT SUBMITTAL Ebrrnat: Project Name: Project location: APN or Subdivision Number: Total Project Area (square feet): Mean Annual Precipitation at Project Site: 1. Self -treating areas: DMA Name Area (square feet) II. Self -retaining areas: DMA Name r Area (square feet) III. Areas draining to self -retaining areas: DMA Name Post project Runoff suv face type factor Area (square feet) Receiving self Receiving self retaining retaining DMA DMA Area (square feet) City of National City 57 SUSMP Manual 71 CHAPTER 3: PREPARING YOUR PROJECT SUBMITTAL IV. Areas draining to 1MPs (repeat for each IMP): DMA DMA Post- Area Area project DMA x DMA (square surface Runoff runoff Name feet type actor factor Sail Type: IMP Name IMP Minimum Proposed Skins Area or Area or Tutor Volume Volume Total IMP Area In your Project Subtnittal, describe your 1MPs in sufficient detail to demonstrate the area, volume, and other criteria of each can be met within the constraints of the site. Ensure these details are consistent with preliminary site plans, landscaping plans, and architectural plans submitted with your application for planning and zoning approvals. Appendix B includes design sheets for: • Self -treating and self -retaining areas • Pervious pavements • Bioretention facilities ▪ Flow -through planter • Dry wells and infiltration basins • Cistern with bioretention facility These design sheets include recommended configurations and details, and example applications, for these IMPs. The information in these design sheets must be adapted and applied to the conditions specific to the development project such as unstable slopes or the lack of available head. Designated City staff have final review and approval authority over the project design. Keep in mind that proper and functional design of the IMP is the responsibility of the applicant. Effective operation of the IMP throughout the project's lifetime will be the responsibility of the property owner. City of National City 58 SUSMP Manual 72 CHAPTER 3: PREPARING YOUR PROJECT SUBMITTAL If you believe design of features and facilities as described above is infeasible for your development site, consult with City staff before preparing an alternative design for storm water treatment, flow control, and LID compliance. For all alternative designs, the applicant must prepare a complete Project Submittal, which may include a drawing showing the entire site divided into discrete Drainage Management Areas, text and tables showing how drainage is routed from each DMA to a treatment facility, and calculations demonstrating the design achieves the applicable design criteria for each storm water treatment facility. Alternative treatment facilities are limited to the circumstances and selection criteria identified beginning on page 22. The Project Submittal must also show how the project meets the minimum LID criteria (page 26) and ensures runoff rates, durations, and velocities are controlled to maintain or reduce downstream erosion conditions and protect stream habitat (NPDES Permit Provision D.1.d.(10)). I. DESIGN OF ALTERNATIVE TREATMENT FACILITIES Here are criteria and design considerations for some alternative treatment facilities, also known as treatment control BMPs: Sand Filters. To ensure effectiveness is not compromised by compacting or clogging of the filter surface, sand filters must be maintained frequently. The following criteria apply to sand filters: • Calculate the design flow using the rational method with an intensity of 0.2"/hour and the "C" factors for "treatment only" from Table 4-2. • To determine the required filter surface area, divide the design flow by an allowable design surface loading rate of 5"/hour. ▪ The minimum depth of filter media is 18". The media should be washed sand, with gradation similar to that specified for fine aggregate in ASTM C-33. • The entire filter area trust be accessible for easy maintenance without the need to enter a confined space. A typical filter design includes a gravel drain layer and a perforated pipe underdrain. Filter fabric may he used to prevent the filter media from entering the gravel layer. The design should not include any permanent pool or other standing water. Instead of including a pretreatment basin, consider the following features in the area tributary to the filter to reduce the potential for filter clogging: • Limit the size of the Drainage Management Area. City of National City 59 SUSMP Manual 73 CHAPTER 3: PREPARING YOUR PROJECT SUBMITTAL • Include only impervious areas in the DMA. • Stabilize slopes and eliminate sources of sediment in the DMA. • Provide screens for trash and leaves at storm drain inlets (if allowed by the City of National City). For additional design considerations and details, see Design of Stormwater Filtering Systems by Richard A. Claytor and Thomas R. Schueler, The Center for Watershed Protection, 1996, and California Stormntater BMP Handbooks Fact Sheet TC-40, Media Filter. Extended ("Dry") Detention Basins. The required detention volume is based on the 85th percentile 24-hour storm depth. The steps to calculate the required detention volume are: 1. Use the County of San Diego's 85th Percentile Isopluvial Map to determine the unit basin volume. 2. Determine the weighted runoff factor ("C" factor) for the area tributary to the basin. The factors in Table 4-2 may be used. 3. Multiply the weighted runoff factor times the tributary area times the unit basin volume. For maximum effectiveness the basin should not be sized substantially larger than this volume. For design considerations and details, see the California Stormwater Best Management Practice Handbooks, Fact Sheet TC-22, `Extended Detention Basins." The basin outlet should be designed for a 24-hour drawdown time. As noted in Fact Sheet TC-22, "dry" detention basins may not be practicable for drainage areas less than 5 acres. The potential for mosquito harborage is a concern. In the design, do not create any areas that will hold standing water for 72 hours or more. "Wet" Detention Ponds and Constructed Wetlands. The required detention volume is determined as with a "dry" detention basin. Before proceeding with design, contact the local vector control agency to coordinate the design and plan ongoing inspection and maintenance of the facility for vector control. For design considerations and details, see the California Stormwater Best Management Practices Handbooks, Fact Sheet "1'C-20, "Wet Ponds," and Fact Sheet TC-21, "Constructed Wetlands." Vegetated Swales. Design recommendations for conventional vegetated swales are in the California Stormwater Bert Management Practices Handbooks. The conventional swale design uses available on -site soils and does not include an underdrain system. Where soils are clayey, there is little infiltration. Treatment occurs as runoff flows through grass or other vegetation before exiting at the downstream end. Recommended detention times are on the order of 10 minutes. Conventional vegetated swales may be used to meet NPDES permit treatment requirements and LID requirements (see page 22). The following should be incorporated in the design: City of National City 60 SUSMP Manual 74 CHAPTER 3: PREPARING YOUR PROJECT SUBMITTAL • Determine the weighted runoff factor ("C" factor) for the area tributary to the swale. The factors in Table 4-2 may be used. • Calculate the design flow by multiplying the weighted runoff factor times the tributary area times either (1) 02 inches of rainfall per hour, or (2) twice the 85`s percentile hourly rainfall intensity. • When sizing the swale, use a value of 0.25 for Manning's "n". • Ensure that all flow enters the swale near its highest point and that no flow short- circuits treatment by entering the swale along its length. • The Swale should be a minimum 100 feet in length. • Longitudinal slopes should not exceed 2.5%; on flatter slopes, incorporate measures to avoid prolonged surface ponding. Consider using linear -shaped biorctention areas (see Appendix 13) in place of conventional vegetated swales because: • Conventional swale design has resulted in standing water and associated nuisances. • Conventional swales often don't obtain even the design residence time because of the length required and because proper design requires runoff enter the swale at the upstream end rather than at various locations along its length, and • Bioretention areas provide a more flexible drainage design, more effective practicable treattent, and more effective flow control within the same footprint. O. TREATMENT FACILITIES FOR SPECIAL CIRCUMSTANCES Higher -rate surface filters and vault -based proprietary filters can only be used in the circumstances described beginning on page 22 and when sand filters, extended "dry" detention basins, and "wet" detention ponds or constructed wetlands have been found infeasible. For surface filters, the grading and drainage design should minimize the area draining to each unit and maximize the number of discrete drainage areas and units. Proprietary facilities should be installed consistent with the manufacturer's instructions. References and Resources: RWOCB Order R9-2007-0001 (Storm Water NPDES Permit). Low Impact Development Centel Cow* of San Diego Low Impact Development Handbook • (.altf n is Best Management Practises Handbooks • Desigg pfStetrmwaterMoi, y#kms (Clayton and Schueler, 1996) American Rainwater Catchment Systems Association Water Conservation Alliance of Southern Arizona • Rfinwakr Hancsiin for Drihmdtt and Byond • The Toms Manialen RainwaterHan''estiav • Managing tVet Weather With Green Infra Jim -tore.- A1nnidpal Handbook, Rainwater Han.eating Policies (Low Impact Development Center, 2008) City of National City 61 SUSMP Manual 75 STORM WATER QUALITY COMPLIANCE How to prepan aczutom*Strm rater MaarrkerranaP/inforthe trrcinentBMPs ontntr- city The storm water NPDES Permit requires the City of National City to verify all treatment and flow -control facilities are adequately maintained. Note that treatment facilities include IMPS and treatment control BMPs. Facilities you install as part of your project will be verified for effectiveness and proper performance. The City of National City may also verify the ongoing function of storm water management features that are not treatment or flow control facilities, such as permeable pavements and limitations on impervious area. Operation and maintenance of storm water facilities is a six -stage process: 1. Determine who will own the facility and be responsible for the maintenance of treatment . Identity the means by which ongoing maintenance will be assured (for example, a maintenance agreement that runs with the land). 2. Identify typical maintenance requirements, and allow for these requirements in your project planning and preliminary design. 3. Prepare a maintenance plan for the site incorporating detailed requirements for each treatment and flow -control facility. 4. Maintain the facilities from the time they are constructed until ownership and maintenance responsibility is formally transferred. 5. Formally transfer operation and maintenance responsibility to the site owner or occupant-. A warranty, secured by a bond, or other financial instrument, may be required to secure against lack of performance due to flaws in design or construction. 6. Maintain the facilities in perpetuity and comply with self -inspection, reporting, and verification requirements. City of National City 62 SUSMP Manual 76 CHAPTER 5: STORM WATER FACILITY MAINTENANCE Sec the schedule for these stages in Table 5-1. You must specify a means to ensure maintenance of treatment and flow -control facilities in perpetuity. Depending on the intended use of your site, this will require one or more of the following: • Project proponent agreement to maintain storm water BMPs: The City may enter into a contract with the project proponent obliging the project proponent to maintain, repair, and replace the storm water BMP as necessary into perpetuity. Security may be required. • Assessment districts: The City may approve an Assessment District or other funding mechanism proposed by the project proponent to provide funds for storm water BMP maintenance, repair, and replacement on an ongoing basis. Any agreement with such a District shall be subject to the Public Entity Maintenance Provisions above. • Lease provisions: In those cases where the City holds title to the land in question, and the land is being leased to another party for private or public use, the City may assure storm water BMP maintenance, repair, and replacement through conditions in the lease. • Public entity maintenance: The City may approve a public or acceptable quasi -public entity (e.g., the County Flood Control District, or annex to an existing assessment district, an existing utility district, a state or federal resource agency, or a conservation conservancy) to assume responsibility for maintenance, repair and replacement of the permanent treatment BMP. Unless acceptable to the City, public entity maintenance agreements shall ensure estimated costs are front -funded or reliably guaranteed, (e.g., through a trust fund, assessment district fees, bond, letter of credit or similar means). In addition, the City may seek protection from liability by appropriate releases and indemnities. The City shall have the authority to approve storm water BMPs proposed for transfer to any other public entity within its jurisdiction before installation. The City shall be involved in the negotiation of maintenance requirements with any other public entities accepting maintenance responsibilities within their respective jurisdictions; and in negotiations with the resource agencies responsible for issuing permits for the construction and/or maintenance of the facilities. The City must be identified as a third party beneficiary empowered to enforce any such maintenance agreement within their respective jurisdictions. • Conditional use permits: For discretionary projects only, the City may assure maintenance of storm water BMPs through the inclusion of maintenance conditions in the conditional use permit. Security or performance bonds may he required. City of National City 63 SUSMP Manual 77 CHAPTER 5: STORM WATER FACILITY MAINTENANCE The City may accept alternative maintenance mechanisms if such mechanisms are as protective as those listed above. Typically, for discretionary projects, National City -approved methods of storm water BMP maintenance shall be incorporated into the project's permit, and shall be consistent with permits issued by resource agencies before approval of discretionary permits. For projects requiring only ministerial permits, the National City approved method of storm water BMP maintenance shall be incorporated into the permit conditions before the issuance of any ministerial permits. In all instances, the project proponent shall provide proof of execution of National City approved method of maintenance repair and replacement before the issuance of construction approvals. Public projects that are not required to obtain National City permits shall be required and be responsible for ensuring that National City approved methods of storm water BMP maintenance, repair and replacement is executed prior to the commencement of construction. For all properties, the verification mechanism will include the project proponent's signed statement, as part of the project application, accepting and guaranteeing responsibility for all structural BMP maintenance, repair and replacement, until a National City approved entity agrees to assume responsibility for stnictural BMP maintenance, repair and replacement. Ownership and maintenance responsibility for treatment and flow -control facilities should be discussed at the beginning of project planning, typically at the pre -application meeting for planning and zoning review. Experience has shown provisions to finance and implement maintenance of treatment and flow -control facilities can be a major stumbling block to project approval, particularly for small residential subdivisions. (See "New Subdivisions" in Chapter 1.) P. PRIVATE OWNERSHIP AND MAINTENANCE The City of National City requires as a condition of project approval that a maintenance agreement be executed. These agreements could provide that the City of National City may collect a management and/or inspection fee established by a standard fee schedule, as applicable. In addition, as patt of the maintenance mechanists selected above, National City shall require an executed access easement or agreement that is binding on the land throughout the life of the project, or until such time that the storm water BMP requiring access is replaced. The agreement provides that, if the property owner fails to maintain the storm water facility, the City may enter the property, restore the storm water facility to good working order, and obtain reimbursement, including administrative costs, from the property owner. City of National City 64 SUSMP Manual 78 CHAPTER 5: STORM WATER FACILITY MAINTENANCE TABLE 5-1. Schedule for Planning AMP Operation and Maintenance Stage Description Schedule 1 Determine facility ownership and maintenance responsibility Discuss with planning staff at pre -application meeting 2 Identify typical maintenance requirements In initial submittal, coordinate with planning & zoning application 3 Develop detailed operation and maintenance plan Provided with Project Submittal, and updated as necessary if any information changes prior to Stage 5. 4 Interim operation and maintenance of facilities During and following construction including warranty period S Formal transfer of operation & maintenance responsibility On sale and transfer of property or permanent occupancy 6 Ongoing maintenance and compliance with inspection & reporting requirements In perpetuity ► TRANSFER TO PUBLIC OWNERSHIP The City of National City may sometimes choose to have a treatment and flow -control facility deeded to the public, in fee or as an easement, and maintain the facility as part of the municipal storm drain system. The City may recoup the costs of maintenance through a special tax, assessment district, or similar mechanism. Locating an IMP in a public right-of-way or easement creates an additional design constraint along with hydraulic grade, aesthetics, landscaping, and circulation_ however, because sites typically drain to the street, it may be possible to locate a bioretention swale parallel with the edge of the parcel_ The facility may complement, or substitute for, an underground storm drain system. Even if the facility is to be transferred to the City of National City after construction is complete, it is still the responsibility of the builder to identify general operation and maintenance requirements, prepare a detailed operation and maintenance plan, and to maintain the facility until that responsibility is formally transferred. Include in your Project Submittal a general description of anticipated facility maintenance requirements. This will help ensure that: • Ongoing costs of maintenance have been considered in your facility selection and design. City of National City 65 SUSMP Manual 79 CHAPTER 5: STORM WATER FACILITY MAINTENANCE • Site and landscaping plans provide for access for inspections and by maintenance equipment. • Landscaping plans incorporate irrigation requirements for facility plantings. • Initial maintenance and replacement of facility plantings is incorporated into landscaping contracts and guarantees. Fact sheets available on the Project Clean Water web page describe general maintenance requirements for the types of storm water facilities featured in the LID Design Guide (Chapter 4). You can use this information to specify general maintenance requirements in your Project Submittal. Maintenance fact sheets for conventional storm water facilities are available in the California Stormwater BMP Handbooks. Prepare a detailed maintenance plan and submit it as required by the City of National City. A detailed maintenance plan must be included with the initial Project Submittal; however the maintenance plan may later be updated to incorporate solutions to any problems or changes that occurred during project construction. Your detailed maintenance plan should be kept on -site for use by maintenance personnel and during site inspections. It is also recommended that a copy of your initial Project Submittal be kept onsite as a reference. ► YOUR DETAILED MAINTENANCE PLAN: STEP BY STEP The following step-by-step guidance will help you prepare your detailed maintenance plan. Preparation of the plan will require familiarity with your storm water facilities as they have been or will be constructed and a fair amount of "thinking through" plans for their operation and maintenance. ► STEP 1: DESIGNATE RESPONSIBLE INDIVIDUALS To begin creating your detailed maintenance plan, designate and identify: • The individual who will have direct responsibility for the maintenance of storm water controls. This individual should be the designated contact with City inspectors and should sign self -inspection reports and any correspondence with the City of National City regarding verification inspections. • Employees or contractors who will report to the designated contact and are responsible for carrying out BMP operation and maintenance. City of National City 66 SUSMP Manual 80 CHAPTER 5: STORM WATER FACILITY MAINTENANCE • The corporate officer authorized to negotiate and execute any contracts that night be necessary for future changes to operation and maintenance or to implement remedial measures if problems occur. ■ Your designated respondent to problems, such as clogged drains or broken irrigation mains, that would require immediate response should they occur during off -hours. Updated contact information must be provided to the City of National City immediately whenever a property is sold and whenever designated individuals or contractors change. Draw or sketch an organization chart to show the relationships of authority and responsibility between the individuals responsible for maintenance. This need not be elaborate, particularly for smaller organizations_ Describe how funding for BMP operation and maintenance will he assured, including sources of funds, budget category for expenditures, process for establishing the annual maintenance budget, and process for obtaining authority should unexpected expenditures for major corrective maintenance be required. Describe how your organization will accommodate initial training of staff or contractors regarding the purpose, mode of operation, and maintenance requirements for the storm water facilities on your site. Also, describe how your organization will ensure ongoing training as needed and in response to staff changes. ► STEP 2: SUMMARIZE DRAINAGE AND BMPS Incorporate the following information from your Project Submittal into your maintenance plan: ▪ Figures delineating and designating pervious and impervious areas. • Figures showing locations of storm water facilities on the site. ▪ Tables of pervious and impervious areas served by each facility. Review the Project Submittal narrative, if any, that describes each facility and its tributary drainage area and update the text to incorporate any changes that may have occurred during planning and zoning review, building permit review, or construction. Incorporate the updated text into your maintenance plan. ► STEP 3: DOCUMENT FACILITIES "AS BUILT" Include the following information from final construction drawings: ▪ Plans, elevations, and details of all facilities. Annotate if necessary with designations used in the initial Project Submittal. ▪ Design information or calculations submitted in the detailed design phase (i.e., not included in the initial Project Submittal.) City of National City 67 SUSMP Manual 81 CHAPTER 5: STORM WATER FACILITY MAINTENANCE • Specifications of construction for facilities, including sand or soil, compaction, pipe • materials and bedding. In the maintenance plan, note field changes to design drawings, including changes to any of the following • Location and layouts of inflow piping, flow splitter poxes, and piping to off -site discharge • Depths and layering of soil, sand, or gravel • Placement of filter fabric or gcotextiles • Changes or substitutions in soil or other materials. • Natural soils encountered (e.g., sand or clay lenses) P. STEP 4: PREPARE MAINTENANCE PLANS FOR EACH FACILITY Prepare a maintenance plan, schedule, and inspection checklists (routine, annual, and after major storms) for each facility. Plans and schedules for two or more similar facilities on the same site may be combined. Use the following resources to prepare your customized maintenance plan, schedule, and checklists. • Specific information noted in Steps 2 and 3, above. • Other input from the facility designer, City staff, or other sources. • Operation and Maintenance Fact Sheets (available on the Project Clean Water website). Note any particular characteristics or circumstances that could require attention in the future, and include any troubleshooting advice. Also include manufacturer's data, operating manuals, and maintenance requirements for any: • Pumps or other mechanical equipment. • Proprietary devices used as BMPs. Manufacturers' publications should be referenced in the text (including models and serial nutnbers where available). Copies of the manufacturers' publications should be included as an attachment in the back of your taintenance plan or as a separate document. O. STEP 5: COMPILE MAINTENANCE PLAN The following general outline is provided as an example. City of National City 68 SUSMP Manual 82 CHAPTER 5: STORM WATER FACILITY MAINTENANCE I. Inspection and Maintenance Log IL Updates, Revisions and Errata III. Introduction A. Narrative overview describing the site; drainage areas, routing, and discharge points; and treatment facilities. IV. Responsibility for Maintenance A. General (1) (2) Name and contact information for responsible individual(s). Organization chart or charts showing organization of the maintenance function and location within the overall organization. (3) Reference to Operation and Maintenance Agreement (if any). A copy of the agreement should be attached. (4) Maintenance Funding (1) Sources of funds for maintenance (2) Budget category or line item (3) Description of procedure and process for ensuring adequate funding for maintenance B. Staff Training Program C. Records D. Safety V. Summary of Drainage Areas and Storm Water Facilities A. Drainage Areas (1) Drawings showing pervious and impervious areas (copied or adapted from initial Project Submittal). (2) Designation and description of each drainage area and how flow is routed to the corresponding facility. B. Treatment and Flow -Control Facilities (1) Drawings showing location and type of each facility (2) General description of each facility (Consider a table if more than two facilities) City of National City 69 SUSMP Manual 83 CHAPTER 5: STORM WATER FACILITY MAINTENANCE (1) Area drained and routing of discharge. (2) Facility type and size VI. Facility Documentation A. "As -built" drawings of each facility (design drawings in the draft Plan) B. Manufacturer's data, manuals, and maintenance requirements for pumps, mechanical or electrical equipment, and proprietary facilities (include a "placeholder" in the draft plan for information not yet available). C. Specific operation and maintenance concerns and troubleshooting VII. Maintenance Schedule or Matrix A. Maintenance Schedule for each facility with specific requirements for: (1) Routine inspection and maintenance (2) Annual inspection and maintenance (3) inspection and maintenance after major storms B. Service Agreement Information Assemble and make copies of your maintenance plan. One copy must be submitted to the City of National City, and at least one copy kept on -site. Here are some suggestions for formatting the maintenance plan: • Format plans to 81" x 11" to facilitate duplication, filing, and handling. • Include the revision clate in the Tooter on each page. • Scan graphics and incorporate with text into a single electronic file. Kccp the electronic file backed -up so that copies of the maintenance plan can be made if the hard copy is lost or damaged_ 1 STEP 6: UPDATES Your maintenance plan will be a living document. Operation and maintenance personnel may change; mechanical equipment may be replaced, and additional maintenance procedures may be needed. Throughout these changes, the maintenance plan must be kept up-to-date. Updates may be transmitted to the City of National City at any time. However, at a minimum, updates to the maintenance plan must he reported with the annual submittal of the "BMP Operation and Maintenance Verification Form," or equivalent, to the City. City of National City 70 SUSMP Manual 84 CHAPTER 5: STORM WATER FACILITY MAINTENANCE Applicants will typically be required to warranty storm water facilities against lack of performance due to flaws in design or construction. The warranty may need to he secured by a bond or other financial instrument. As part of the detailed maintenance plan, note the expected date when responsibility for operation and maintenance will be transferred. Notify the City of National City when this transfer of responsibility takes place. The City of National City implements an operation and maintenance verification program, including periodic site inspections. Contact City staff to determine the frequency of inspections, whether self -inspections are allowed, and applicable fees, if any. References and Resources • Urban RunofQualrty Management (WEF/ASCE, 1998). pp 186 189. • StamwaterManagement Manual (Portland, 2004). Chapter 3. • Calfantia Siam Water Best Management Practice Iland1oakr (CASQA, 2003). • Bert Management Practicer Gnide (Public Telecommunications Center for Hampton Roads 2002). • Operation, Maintenance, and Management of Stormwater Management Systems (Watershed Management Institute, 1997) City of National City 71 SUSMP Manual 85 APPENDICES City of National City SUSMP Manual 86 APPENDIX A - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROJECT APPLICABILITY FORM City of National City SUSMP Manual 87 APPENDIX B — LID IMP DESIGN SHEETS This appendix provides design sheets for the following IMPs: • Self -treating and self -retaining areas • Pervious pavements • Bioretention facilities ■ Flow -through planter ■ Dry wells and infiltration basins ▪ Cistern with bioretention facility These design sheets include recommended configurations and details, and example applications, for these IMPs. The information in these design sheets must be adapted and applied to the conditions specific to the development project such as unstable slopes or the lack of available head. Designated City staff have final review and approval authority over the project design. Chapter 3 of this SUSMP Manual provides information regarding the documentation necessary in your Project Submittal. Keep in mind that proper and functional design of the IMP is the responsibility of the applicant. Effective operation of the IMP throughout the project's lifetime will be the responsibility of the property owner. City of National City SUSMP Manual 88 APPENDIX B — LID IMP DESIGN SHEETS CRITERIA Rainfall on self -treating areas infiltrates or —during intense stomas —drains directly off -site or to the storm drain system. Sdf-retaining areas are designed to retain the first one inch of rainfall without producing any runoff. During intense storms, nrnoff may drain off - site, to the storm drain system, or to IMPs. LID design seeks to manage runoff from roofs and paving so effects on water quality and hydrology are minimized. Runoff from landscaping, however, does not need to be managed the same way. Runoff from landscaping can he managed by creating self -treating and self -retaining areas. Self -treating areas are natural, landscaped, or turf areas that drain directly off site or to the storm drain system. Examples include upslope undeveloped areas that are ditched and drained around a development and grassed slopes that drain offsite to a street or storm drain. Self - treating areas may not drain on to adjacent paved areas_ Where a landscaped area is upslope from or surrounded by paved areas, a self -retaining area (also called a zero discharge area) may be created. Self -retaining areas are designed to retain the first one inch of rainfall without producing any runoff. The technique works best on flat, heavily landscaped sites. It may be used on mild slopes if there is a reasonable expectation that the first inch of rainfall would produce no runoff. To create self -retaining turf and landscape areas in flat areas or on terraced slopes, berm the area or depress the grade into a concave cross-section so that these areas will retain the first inch of rainfall. Inlets of area drains, if any, should be set 3 inches above the low point to allow ponding. Areas draining to self retaining areas. Drainage from roofs and paving can he directed to self -retaining areas and allowed to infiltrate into the soil. The maximum allowable ratio is 2 parts itpervious: 1 part pervious. Best Uses • Heavily landscaped sites Advantages • No maintenance verification requirement • Complements site landscaping Limitations • Requires substantial square footage • Grading requirements must be coordinated with landscape design The self -retaining area must be hcrmcd or depressed to retain an inch of rainfall including the flow from the tributary impervious area. City of National City SUSMP Manual 89 APPENDIX B — LID IMP DESIGN SHEETS ► DETAILS Drainage from self -treating areas must flow to off -site streets or storm drains without flowing on to paved areas. Pavement within a self -treating area cannot exceed 5% of the total area. In self -retaining areas, overflows and arca drain inlets should be sct high enough to ensure ponding over the entire surface of the self -retaining area. SECTION Set overflows and area drain inlets high enough to ensure ponding (3" deep) over the sruface of the self -retaining area_ Self —retaining areas should he designed to promote even distribution of ponded runoff over the area. Leave enough reveal (from pavement down to landscaped surface) to accommodate buildup of turf or mulch. ► APPLICATIONS Lawn or landscaped areas adjacent to streets can be considered self treating areas. Self -retaining areas can be created by depressing lawn arid landscape below surrounding sidewalks and plazas. Runoff from walkways or driveways in parks and parklikeareas can sheet -flow to self -retaining areas. Roof leaders can he connected to self -retaining areas by piping beneath plazas and walkways. If necessary, a "bubble. -up" can be used. City of National City SUSMP Manual 90 APPENDIX B — LID IMP DESIGN SHEETS Connecting a ntof leader to a self -resin ng area. The herd from the eave height makes it possible to route roof drainage some distance away from the huilding, Self -retaining areas can be created by terracing mild slopes. The elevation difference promotes subsurface drainage. RETENTION AREA/ TERRACE - EXISTING GROUND Mild slopes can be terraced to create self -retaining areas ► DESIGN CHECKLIST FOR SELF -TREATING AREAS Cl The self -treating area is at least 95% lawn or landscaping (not more than 5% intpervious). ❑ Re -graded or re -landscaped areas have amended soils, vegetation, and irrigation as may be required to maintain soil stability and permeability. ❑ Runoff from the self -treating area does not enter an IMP or another drainage management arca, but goes directly to the stone drain system. ► DESIGN CHECKLIST FOR SELF -RETAINING AREAS ❑ Arca is bermed all the way around or graded concave. City of National City SUSMP Manual 91 APPENDIX B - LID IMP DESIGN SHEETS O Slopes do not exceed 4%. I] Entire area is lawn, landscaping, or pervious pavement (see criteria in Chapter 4). O Area has amended soils, vegetation, and irrigation as may be required to maintain soil stability and permeability. O Any area drain inlets are at least 3 inches above surrounding grade. ▪ DESIGN CHECKLIST FOR AREAS DRAINING TO SELF -RETAINING AREAS O Ratio of tributary impervious area to self -retaining area is not greater than 2:1. O Roof leaders collect runoff and route it to the self -retaining area. O Paved areas are sloped so drainage is routed to the self -retaining area. O Inlets are designed to protect against erosion and distribute runoff across the area_ City of National City SUSMP Manual 92 APPENDIX B — LID IMP DESIGN SHEETS li• min. smA/aamrxd my Bioretention facibty configured for treaulualt-onily requirements. Bkactnnion faditie, call re.tvlgutu, linear, or nearly any shape. Bioretention detains runoff in a surface reservoir, filters it through plant roots and a biologically active soil mix, and then infiltrates it into the ground. Where native soils are less permeable, an underdrain conveys treated runoff to storm dram or surface drainage. Bioretention facilities can be configured in nearly any shape. When configured as linear swales, they can convey high flows while percolating and treating lower flows. Bioretention facilities can be configured as in -ground or above- ground planter boxes, with the bottom open to allow infiltration to native soils underneath. If infiltration cannot be allowed, use the sizing factors and criteria for the Flow -Through Planter. • CRITERIA Best Uses • Commercial areas • Residential subdivisions • Industrial developments • Roadways ▪ Parking Tots • Fit in setbacks, medians, and other landscaped areas Advantages • Can be any shape • i ow maintenance • Can be landscaped Limitations • Require 4% of tributary impervious square footage • Typically requires 3-4 feet of head • Irrigation typically required For development projects subject only to runoff treatment requirements, the following criteria apply: Parameter Soil nix depth Soil mix minimum percolation rate Criterion 18 inches minimum 5 inches per hour minimum sustained (10 inches per hour initial rate recommended) Soil mix surface area 0.04 nines tributary impervious area (or equivalent) City of National City SUSMP Manual 93 APPENDIX B — LID IMP DESIGN SHEETS Parameter Surface reservoir depth Underdrain O. DETAILS Criterion 6 inches minimum; may be sloped to 4 inches where adjoining walkways. Required in Group "C" and "D" soils. Perforated pipe embedded in gravel ("Class 2 permeable" recommended), connected to storm drain or other accepted discharge point. Plan. On the surface, a bioretention facility should be one level, shallow basin or a series of basins. As runoff enters each basin, it should flood and fill throughout before runoff overflows to the outlet or to the next downstream basin. This will help prevent movement of surface mulch and soil mix. Use check clams for linear bioretention facilities (ssvales) on a slope. In a linear swale, check dams should be placed so that the lip of each dam is at least as high as the toe of the next upstream dam_ A similar principle applies to bioretention facilities built as terraced roadway shoulders. Inlets. Paved areas draining to the facility should be graded, and inlets should be placed, so that runoff remains as sheet flow or as dispersed as possible. Curb cuts should be wide (12" is recommended) to avoid clogging with leaves or debris. Allow for a minimum reveal of 4"-6" between the inlet and soil mix elevations to ensure turf or mulch buildup does not block the inlet. In addition, place an apron of stone or concrete, a foot square or larger, inside each inlet to prevent vegetation from growing up and blocking the inlet. City of National City SUSMP Manual 94 APPENDIX B — LID IMP DESIGN SHEETS Recommended design details for bioretention facility islets (see text)_ Where runoff is collected in pipes or gutters and conveyed to the facility, protect the landscaping from high -velocity flows with energy -dissipating rocks. In larger installations, provide cobble - lined channels to better distribute flows throughout the facility. Upturned pipe outlets can be used to dissipate energy when runoff is piped from roofs and upgradient paved areas. Soil mix. The required soil mix is similar to a loamy sand. It must maintain a minimum percolation rate of 5" per hour throughout the life of the facility, and it must be suitable for maintaining plant life. Typically, on -site soils will not be suitable due to clay content. Storage and drainage Iayer. "Class 2 permeable," Caltrans specification 68-1.025, is recommended. Open -graded crushed rock, washed, may be used, but requires 4"-6" washed pea gravel be substituted at the top of the crushed rock gravel layers. Do not use filter fabric to separate the soil mix from the gravel drainage layer or the gravel drainage layer from the native soil. Underdrains. No underdrain is required where native soils beneath the facility are Hydrologic Soil Group A or B. For treatment -only facilities where native soils are Group C or D, a City of National City SUSMP Manual 95 APPENDIX B — LID IMP DESIGN SHEETS perforated pipe must be bedded in the gravel Layer and must terminate at a storm drain or other approved discharge point. Outlets. In treatment -only facilities, outlets must be set high enough to ensure the surface reservoir fills and the entire surface area of soil mix is flooded before the outlet elevation is reached. In swalcs, this can be achieved with appropriately placed check dams. The outlet should be designed to exclude floating mulch and debris. Vaults, utility boxes, and light standards. It is best to locate utilities outside the bioretention facility in adjacent walkways or in a separate area set aside for this purpose. If utility structures are to be placed within the facility, the locations should be anticipated and adjustments made to ensure the minimum bioretention surface area and volumes are achieved. Leaving the final locations to each individual utility can produce a haphazard, unaesthetic appearance and make the bioretention facility more difficult to maintain. Emergency overflow. The site grading plan should anticipate extreme events and potential clogging of the overflow and route emergency overflows safely. Trees. Bioretention areas can accommodate small or large trees. There is no need to subtract the area taken up by roots frotn the effective area of the facility_ Extensive tree roots maintain soil permeability and help retain runoff. Normal maintenance of a bioretention facility should not affect tree lifespan. The bioretention facility can be integrated with a tree pit of the required depth and filled with structural soil. If a root barrier is used, it can he located to allow tree roots to spread throughout the bioretention facility while protecting adjacent pavement. Locations and planting elevations should be selected to avoid blocking the facility's inlets and outlets. 18" — SIDEWALK -_ SIDEWALK ll�� •PIi; ROOT BARRIER ll �y f1. STRUCTURAL Bioretention facility configured as a tree welt The root barrier is optional. SCUT City of National City SUSMP Manual 96 APPENDIX B — LID IMP DESIGN SHEETS ► APPLICATIONS Multi -purpose landscaped areas. Bioretention facilities are easily adapted to serve multiple purposes. The loamy sand sod nix will support turf or a plant palette suitable to the location and a well -drained soil. Example landscape treatments: • Lawn with sloped transition to adjacent landscaping. • Swale in setback area • Swale in parking median ■ Lawn with hardscaped edge treatment ■ Decorative garden with formal or informal plantings • 'Traffic island with low -maintenance landscaping ■ Raised planter with seating ■ Bioretention on a terraced slope 6ioretention facility configured as a recessed decorative lawn with hardscapcd edge. 6iorctencon facility configured and planted as a Lawn/ play area City of National City SUSMP Manual 97 APPENDIX B — LID IMP DESIGN SHEETS Residential subdivisions. Some subdivisions are designed to drain roots and driveways to the streets (in the conventional manner) and then drain the streets to bioretention areas, with one bioretention area for each 1 to 6 lots, depending on subdivision layout and topography. If allowed by the local jurisdiction, bioretention areas can be placed on a separate, dedicated parcel with joint ownership. o1r•r]onn Bioretenuon fatality receiving drainage from individual kris and the street in a residential sibryvision_ Sloped sites. Bioretention facilities must be constructed as a basin, or series of basins, with the circumference of each basin set level. It may be necessary to add curbs or low retaining walls. Btoretention facility anrfigurra1 as a parking median Note use of bollards in place of curbs, eliminating the need for cub cuts_ City of National City SUSMP Manual 98 APPENDIX B - LID IMP DESIGN SHEETS Design Checklist for Bioretention O Volume or depth of surface reservoir meets or exceeds minimum. O 18" depth "loamy sand" soil mix with minimum long-term percolation rate of 5"/hour. O Area of soil mix meets or exceeds minimum. O Perforated pipe underdrain bedded in "Class 2 perm" with connection and sufficient head to storm drain or discharge point (except in "A" or `B" soils). O No filter fabric. O Underdrain has a clean -out port consisting of a vertical, rigid, non -perforated PVC pipe, with a minimum diameter of 6 inches and a watertight cap. O Location and footprint of facility are shown on site plan and landscaping plan. O Bioretention area is designed as a basin (level edges) or a series of basins, and grading plan is consistent with these elevations_ If facility is designed as a swale, check dams are set so the lip of each dam is at least as high as the toe of the next upstream dam. O Inlets are 12" wide, have 4"-6" reveal and an apron or other provision to prevent blockage when vegetation grows in, and energy dissipation as needed. O Overflow connected to a downstream storm drain or approved discharge point_ O Emergency spillage will be safely conveyed overland. O Plantings are suitable to the climate and a well drained soil_ O Irrigation system with connection to water supply. O Vaults, utility boxes, and light standards are located outside the minimum soil mix surface area. O When excavating, avoid smearing of the soils on bottom and side slopes. Minimize compaction of native soils and "rip" soils if clayey and/or compacted. Protect the arca from construction site runoff. City of National City SUSMP Manual 99 1 APPENDIX B — LID IMP DESIGN SHEETS BASIN OUTLET (SEE OETNL) ELERGENGY SPIURAY PEliFCRAT D PIPE (UNOEIiORAN) NOTE SURFACE AREA (NOTE 1) PLAN VIEW NOT TO SCALE V2 STORAGE (NO1E 2) SECTION 18' SPECIFIED PIANRNC NIX 1. SURFACE NEA MU DETERMINED UT EXTENT OF SPECIFIED PINING Nu. WIC. IS OCNERIEO B( THE OUR .ET SPILL ELEVATION . FOR REQUIRED SURFACE AREA REFER TO THE fACTO1S NYC EQUATIONS N THE STOUERNR C.3 GUIDEBOOK 2 Yl STORAGE ACCONPUSHED W11H INFTLMATI N ARCHES. PERFORATED PIPES. CLASS 2 PERU OR O1FER AT THE OESICNERS DISCRETION_ Biorctention Facility FDNE&AY/CLEANOUT HEADWALL TOP OF BASIN City of National City SUSMP Manual 100 3 O APPENDIX B — LID IMP DESIGN SHEETS SPECIFIED SOL ITC( RAVEL PERFORMED UNCERCRNN NOTE CATCH EMSIN - (COI. NOTES 4 TNRU 7) P(AN N.TS. SECTION NTS_ ORIFICE PUTS- MIN SUINE DIMENSIONS 1 0 FT GREATEN DWI PPE 01A MOT -or GALVANIZED PATE AFTER HOLES PAVE DEEM DRILLED 1. ORIFICE PLATE & FIANCf CONNECTION TO CONCRETE SHALL E FRIED WITH 30 DUROMEIER IEOPPINE PING. CLOSE() WF_W ORATE (GEN. PORTS 4 DOR1 7) ORIFICE GATE SEE DONE THIS SHEET (CEN NOTE J) AFL PIPE (GEN. NOTE 1) _ENV 0- (1W) E-r (TTP) FLOW PPE PoFmCE ()MMEIER (OM) SIZED PER DESIGN MITER& DID HOLE (1W) FLOW CONTROL ORIFICE PLATE Bioretention Facility Outlet Detail - A City of National City SUSMP Manual 101 APPENDIX B — LID IMP DESIGN SHEETS Pott}rnd 2004 Stonnwuer Manual Best Uses ▪ Management of roof runoff • Next to buildings • Dense urban areas • Where infiltration is not desired Advantages • Can be used next to structures • Versatile • Can be any shape • Low maintenance Flow -through planters treat and detain runoff without allowing seepage Limitations into the underlying soil. They can be used next to buildings and on slopes • Can be used for where stability might be affected by adding soil moisture. flow -control only on Flow -through planters typically receive runoff via downspouts leading sites with "C" and from the roofs of adjacent buildings. However, they can also be set in- D soils ground and receive sheet flow from adjacent paved areas. • Requires underdrain Pollutants are removed as runoff passes through the soil layer and is collected in an underlying layer of gravel or drain rock. A perforated -pipe underdrain is typically connected to a storm drain or other discharge point. An overflow inlet conveys flows which exceed the capacity of the planter. ► CRITERIA • Requires 3-4 feet of head Treatment only. For development projects subject only to runoff treatment requirements, the following criteria apply: Parameter Criterion Soil mix depth 18 inches minimum Soil mix minimum percolation 5 inches per hour minimum sustained rate (10 inches per hour initial rate recommended) City of National City SUSMP Manual 102 APPENDIX B — LID IMP DESIGN SHEETS Parameter Criterion Soil mix surface area Surface reservoir depth Underdraur ► DETAILS 0.04 times tributary impervious area (or equivalent) (i" minimum; may be sloped to 4" where adjoining walkways. Typically used. Perforated pipe embedded in gravel ("Class 2 permeable" reconunerided), connected to storm drain or other accepted discharge point. Configuration. The planter must be level. To avoid standing water in the subsurface layer, set the perforated pipe underdrain and orifice as nearly flush with the planter bottom as possible. Inlets. Protect plantings from high -velocity flows by adding rocks or other energy dissipating structures at downspouts and other inlets. Soil mix. The required soil mix is similar to a loamy sand. It must maintain a minimum percolation rate of 5" per hour throughout the life of the facility, and it must be suitable for maintaining plant life. Typically, on -site soils will not be suitable due to clay content. Gravel storage and drainage Layer. "Class 2 permeable," Caltrans specification 68-1.025, is recommended. Open -graded crushed rock, washed, may be used, but requires 4"-6" of washed pea gravel be substituted at the top of the crushed rock layer. Do not use filter fabric to separate the soil mix from the gravel drainage layer. Emergency overflow. The planter design and installation should anticipate extreme events and potential clogging of the overflow and route emergency overflows safely_ ► APPLICATIONS Adjacent to buildings.. How -through planters may be located adjacent to buildings, where the planter vegetation can soften the visual effect of the building wall. A setback with a raised planter box may be appropriate even in some neo-traditional pedestrian -oriented urban streetscapes. At plaza level. Flow -through planters have been successfully incorporated into podium style developments, with the planters placed on the plaza level and receiving runoff from the tower roofs above. Runoff from the plaza level is typically managed separately by additional flow - through planters or bioretention facilities Located at street level. Steep slopes. Flow -through planters provide a means to detain and treat runoff on slopes that cannot accept infiltration from a bioretention facility. The planter can be built into the slope similar to a retaining wall. The design should consider the need to access the planter for City of National City SUSMP Manual 103 APPENDIX B — LID IMP DESIGN SHEETS periodic maintenance. Flows from the planter underdrain and overflow must be directed in accordance with local requirements. It is sometitnes possible to disperse these flows to the downgradient hillside. L Flow-tluough planter built into a hillside. Flows from the wxlcalrain and Flow -through philter on the plaza level ofa podium -style development. ovetfow must he dircctc l in araztntn ce with local requirement, City of National City SUSMP Manual 104 APPENDIX B - LID IMP DESIGN SHEETS Design Checklist for Flow -through Planter • Reservoir depth is 4-6" minimum. O 18" depth "loamy sand" soil mix with minimum long-term infiltration rate of 5"/hour. O Area of soil mix meets or exceeds minimum. O "Class 2 perm" drainage layer. O No filter fabric. O Perforated pipe underdrain with outlet located flush or nearly flush with planter bottom. Connection with sufficient head to storm drain or discharge point. O Underdrain has a clean -out port consisting of a vertical, rigid, non -perforated PVC pipe, with a minimum diameter of 6 inches and a watertight cap. O Overflow connected to a downstream storm drain or approved discharge point. O Location and footprint of facility are shown on site plan and landscaping plan. O Planter is set level. O Emergency spillage will he safely conveyed overland. O Plantings are suitable to the climate and a well -drained soil. O Irrigation system with connection to water supply_ City of National City SUSMP Manual 105 APPENDIX B — LID IMP DESIGN SHEETS. SURFACE AREA OE PIANIUR ENEACY OIS5WATRM OOWNSPOUT/DOET CLEANSER WTTH NATURISM CAP ABOVE MOONS DEPTH ENERGY DISSIPATION L (VARIES) EMmOENCT OVERFLOW! �LNOUT STANDPIPE U— _- PETF'ORADED RIPE 1 OOW/SPOUE/r&ET VAULT FABRICATED FROM GALVA/D D STEEL BOLTED 1 THE PLANTER INTERIOR (SEE FLOW -THROUGH PUNIER OUTLET BEENE) \1I I I 11 11 11 CRATE (SEE ROW-1NR000N PLANTER OUTLET DETAIL) PLAN WAS I Y1 STUMGE ILO SOB MIR II rldn I *Ti n iii414 rI VIS IS SS. 4X.. ri ONE-WAY OINNECLIONS NOTES: ourwid. PLv[ 1 = DISCHARGE TO AN APPRKNED LOCATION CONCRETE OR OTHER SERVE -TURN- PLANTER YAM. MITI WATERPROOFING -LOCKED. REMOVABLE CLOSE -MESH CRATE SLOPES INSTALLATION PERFORATED PDi (UMERDRADT) MN SUI'EA.S3: SECTION N.TS 1_ BON-THROU:H PLANTER STOLL RE SIZED TO MEET CGCRP CRITERIA FOR TRENTENT AND/OR FLAW CONTROL. 2, MwMU1 SURFACE AREA OF PUNTER IS AR Of TRIBUTARY IMPERYOUS AREA FOR TREATMENT ONLY DESIGN. FOR ROW CONTROL AND TREATMENT. REFER TO CCCWP SIZING TOOL CRITERIA 3. SHAPE Of PLANTER CAN WIRY TO MEET PROJECT DESIGN REQUIREMENTS AND LOCMICL F. CIAS$ 2 PERT ABLE IMWERA{L S. OOVAYSPOVIS/NEEF PEES REGYRE ENERGY' DmIPA1ON. 8. USE COUNTY APPROVED ADMIRE MIXTURE FOR WATERPROOFING CONCRETE 7. PTANTINDI StE =PP RECONMENOID PLANT UST AND OUOEDICS. 8. PLANTER DESIGN IMY RFOUIRE STRUCTURAL_ FNCINED8NG DE5IUA. 9. AREA W • L (ABOVE). E)(QUOES AREA OF WILT PLANTER OUTLET (SEE FLOW-THNOUii PUNTER oU1LET DETAIL) IRRIGATION SnIU ORIFICE DRILLED RHO VAULT NUL FORM A 1.5" CROOK N UAR]&IL AND PR M0E A CONTLNUOUS WATERTIGHT CONNECTION MAKI MI APPROVED SEMANT Flow -Through Planter Detail DISCHARGE =310AN LOCAnoN City of National City SUSMP Manual 106 APPENDIX B — LID IMP DESIGN SHEETS STEEL VAULT FRAME (NOTE 1 CIRCULAR ORIFICE RR11ID INA) GALVANiED STEEL WTI TTOLT RANGE TO VAULT CLOSED MESH GRATE (GEM. NOTES 1 THAI 5) TOOLED., REMPMHI.E QDSE-EIESH COTE, SLOPED INSMIN ATIDN VAULT -RANTER BOX CONNECTION ORIFICE DRILLED INTO VAULT WALL SECTION N.TS. GENERAL OUTLET DETAIL NOTES: 1. OUTFAL PPE SHALL BE SIZED TO COMET 06XM STORM PER CCCIAP DESIGN CRITERIA. 1. NOT-01P GALVANIZE ENTIRE FINAL ASSLIBLY AFTER FABRICATION AND ATTER HOLES HAVE BEEN ORLEE0. L MATE SHALL BE mown 11914G STARLESS STEEL w1ROYARE MD FRONDED WITH HINGED AND IOCNABIE OR BOUABIE ACCESS PANELS. 3. MATE SHALL 8E STAINLESS Stay AIMIMIM OR S Oa_ STEEL CRATES SHALL 8E HOT DIP C LVNIOED AND VAT BE HOT POORER PANTED AFTER GALVA/121NC. A_ CRATE SHALL BE DESIGNED SUCH THAT 1/E ONGON AL OIMENSION OF EACH OPENING IS SMN.IER 1EMI1 DIE DIAMETER OF TIE OUTLET PIPE. 5_ STRUCTURAL DESIGN OF MATE SHALL BE BASED ON FULL HYDROSTATIC HEAD WITH ZERO HEAD DOWNSTREAM OF CRATE Flow -Through Planter Outlet Detail City of National City SUSMP Manual 107 APPENDIX B — LID IMP DESIGN SHEETS The typical dry well is a prefabricated structure, such as an open - bottomed vault or box, placed in an excavation or boring. The vault may be empty, which provides maximum space efficiency, or may be filled in rock. An infiltration basin has the same functional components —a volume to store runoff and sufficient area to infiltrate that volume into the native soil —but is open rather than covered. I. CRITERIA Dry wells and infiltration basins must be designed with the minimum volume calculated by Equation 4-8 using a unit volume based on the County of San Diego's 85th Percentile Isopluvial Map. Consult with the local jurisdiction engineer regarding the need to verify soil permeability and other site conditions are suitable for dry wells and infiltration basins. Some proposed criteria are on Page 5-12 of Caltrans' 2004 BMP Retrofit Pilot Study Final Report (CTSW-RT-(11- 050). The infiltration rate and infiltrative area must be sufficient to drain a full facility within 72 hours. I. DETAILS Dry wells should be sited to allow removal and replacement. In locations where native soils are facility should be over -excavated protection measure. for the potential future need for coarser than a medium sand, the by two feet and backfilled with Best Uses • Alternative to biorctention in areas with permeable soils Advantages • Compact footprint • Can be installed in paved areas Limitations ▪ Can he used only on sites with "A" and "B" soils • Requires minimum of 10' from bottom of facility to seasonal high groundwater • Not suitable for drainage from some industrial areas or arterial roads • Must be maintained to prevent clogging. area directly beneath the sand as a groundwater City of National City SUSMP Manual 108 APPENDIX B - LID IMP DESIGN SHEETS Design Checklist for Dry Well O Volume and infiltrative arca meet or exceed minimum. O Overflow connected to a downstream storm drain or approved discharge point_ O Emergency spillage will be safely conveyed overland. O Depth from bottom of the facility to seasonally high groundwater elevation is 210'_ O Areas tributary to the facility do not include automotive repair shops; car washes; fleet storage areas (Bus, truck, etc.); nurseries, or other uses that may present an exceptional threat to groundwater quality. O Underlying soils arc in Hydrologic Soil Group A or B. Infiltration rate is sufficient to ensure a full basin will drain completely within 72 hours. Soil infiltration rate has been confirmed. O Set back from structures 10' or as recommended by structural or geotechnical engineer City of National City SUSMP Manual 109 APPENDIX B — LID IMP DESIGN SHEETS A cistern in series with a bioretention facility can meet treatment requirements where space is limited. In this configuration, the cistern is equipped with a flow -control orifice and the bioretention facility is sized to treat a trickle outflow from the cistern. O. CRITERIA Cistern. The cistern must detain the volume calculated by Equation 4-8 and must include an orifice or other device designed for a 24-hour drawdown time. Bioretention facility. See the design sheet for bioretention facilities. The area of the bioretention facility must he sized to treat the maximum discharge flow, assuming a percolation rate of 5" per hour through the engineered sod. Use with sand filter. A cistern in series with a sand filter can meet treatment requirements. See the discussion of treatment facility selection in Chapter 2 and the design guidance for sand filters in Chapter 4. ► DETAILS Flow -control orifice. The cistern must be equipped with an orifice plate or other device to limit flow to the bioretention area. Best Uses • In series with a bioretention facility to meet treatment requirement in limited space. • Management of roof runoff • Dense urban areas Advantages • Storage volume can he in any configuration Limitations • Somewhat complex to design, build, and operate • Requires head for both cistern and bioretention facility Preventing mosquito harborage. Cisterns should be designed to drain completely, leaving no standing water. Drains should he located flush with the bottom of the cistern. Alternatively or in addition -all entry and exit points, should be provided with traps or sealed or screened to prevent mosquito entry. Note mosquitoes can enter through openings '/ie" or larger and will fly for many feet through pipes as small as '". Exclude debris. Provide leaf guards and/or screens to prevent debris from accumulating in the cistern. Ensure access for maintenance. Design the cistern to allow for cleanout. Avoid creating the need for maintenance workers to enter a confined space. Ensure the outlet orifice can be easily accessed for cleaning and maintenance. ► APPLICATIONS Shallow ponding on a flat roof. The "cistern" storage volume can he designed in any configuration, including simply storing rainfall on the root where it falls and draining it away slowly. See the County of San Diego's 8Sth percentile isopluvial diagrams for required average depths. City of National City SUSMP Manual 110 APPENDIX B — LID IMP DESIGN SHEETS Cistern attached to a building and draining to a planter. This arrangement allows a planter box to be constructed with a smaller area. Vault with pumped discharge to bioretention facility. hi this arrangement, runoff from a parking lot and/or building roofs can be captured and detained underground and then pumped to a bioretention facility on the surface. Alternatively, treatment can be accomplished with a sand filter. See the discussion of selection of storm water treatment facilities in Chapter 2. Water harvesting or gray water reuse. It tnay be possible to create a site -specific design that uses cisterns to achieve storm water flow control, storm water treatment, and rainwater reuse for irrigation or indoor uses (water harvesting). Facilities must meet criteria for capturing and treating the volume specified by Equation 4-8. This volume must he allowed to empty within 24 hours so runoff from additional storms, which may follow, is also captured and treated. Additional volume may be required if the system also stores runoff for longer periods for reuse. Indoor uses of non -potable water may be restricted or prohibited. Check with City staff. Design Checklist for Cistern L7 Volume meets of exceeds minimum. O Outlet with orifice or other flow -control device restricts flow and is designed to provide a 24-hour drawdown time. O Outlet is piped to a bioretention facility designed to treat the maximum discharge from the cistern orifice. O (astern is designed to drain completely and/or sealed to prevent mosquito harborage. El Design provides for exclusion of debris and accessibility for maintenance. O Overflow connected to a downstream storm drain or approved discharge point. O Emergency spillage will be safely conveyed overland. City of National City SUSMP Manual 111 APPENDIX B - LID IMP DESIGN SHEETS City of National City 112 SUSMP Manual APPENDIX C — STORM WATER POLLUTANT SOURCES/SOURCE CONTROL CHECKLIST How to use this worksheet (also see instructions in Step 4 of Chapter 3 of this SUSMP Manual): 1. Review Column 1 and identify which of these potential sources of storm water pollutants apply to your site. Check each box that applies. 2. Review Column 2 and incorporate ali of the corresponding applicable BMPs in your Project -Specific SUSMP drawings. 3. Review Columns 3 and 4 and incorporate ail of the corresponding applicable permanent controls and operational BMPs in a table in your Project -Specific SUSMP. Use the format shown in Table 3-1 in Step 4 of Chapter 3 of this SUSMP Manual. Describe your specific BMPs in an accompanying narrative, and explain any special conditions or situations that required omitting BMPs or substituting alternatives. IF THESE SOURCES WILL BE ON THE PROJECT SITE ... ... THEN YOUR STORMWATER CONTROL PLAN SHOULD INCLUDE THESE SOURCE CONTROL. BMPs 1 Potential Sources of Runoff Pollutants 2 Permanent Controls —Show on SUSMP Drawings 3 Permanent Controls —List in SUSMP Table and Narrative 4 Operational BMPs—Include in SUSMP Table and Narrative 0 A. On -site storm drain inlets ❑ Locations of inlets. ❑ Mark all inlets with the words "No Dumping! Flows to Bay" or similar. 0 ❑ ❑ ❑ Maintain and periodically repaint or replace inlet markings. Provide storm water pollution prevention information to new site owners, lessees, or operators. See applicable operational BMPs in Fact Sheet SC-44, "Drainage System Maintenance," in the CASQA . Stormwater Quality Handbooks at www.cabmphandbooks.com Include the following in lease agreements: "Tenant shall not allow anyone to discharge anything to storm drains or to store or deposit materials so as to create a potential discharge to storm drains." City of National City SUSMP Manual APPENDIX C — STORM WATER POLLUTANT SOURCES/SOURCE CONTROL CHECKLIST IF THESE SOURCES WILL BE ON THE PROJECT SITE ... ... THEN YOUR STORMWATER CONTROL PLAN SHOULD INCLUDE THESE SOURCE CONTROL BMPs 1 Potential Sources of Runoff Pollutants 2 Permanent Controls —Show on SUSMP Drawings 3 Permanent Controls —List in SUSMP Table and Narrative 4 Operational BMPs—Include in SUSMP Table and Narrative ❑ B. Interior floor drains and elevator shaft sump pumps 0 State that interior floor drains and elevator shaft sump pumps will be plumbed to sanitary sewer, 0 State that proper permits or necessary approvals will be obtained for any drains connected to the sanitary sewer. 0 Inspect and maintain drains to prevent blockages and overflow. 0 C. Interior parking garages 0 State that parking garage floor drains will be plumbed to the sanitary sewer. State that proper permits or necessary ❑ approvals will be obtained for any drains connected to the sanitary sewer. 0 Inspect and maintain drains to prevent blockages and overflow. ❑ DI. Need for future indoor & structural pest control ❑ Note building design features that discourage entry of pests, 0 Provide Integrated Pest Management information to owners, lessees, and operators. City of National City SUSMP Manual APPENDIX C - STORM WATER POLLUTANT SOURCES/SOURCE CONTROL CHECKLIST IF THESE SOURCES WILL BE ON THE PROJECT SITE ... ... THEN YOUR STORMWATER CONTROL PLAN SHOULD INCLUDE THESE SOURCE CONTROL BMPs 1 Potential Sources of Runoff Pollutants 2 Permanent Controls —Show on SUSMP Drawings 3 Permanent Controls —List in SUSMP Table and Narrative 4 Operational BMPs—Include in SUSMP Table and Narrative ❑ 02. Landscape/ Outdoor Pesticide Use ❑ Show locations of native trees or areas of shrubs and ground cover to be undisturbed and retained, 0 Show self -retaining landscape areas, if any. ❑ Show storm water treatment facilities, State that final landscape plans will accomplish all of the following. 0 Preserve existing native trees, shrubs, and ground cover to the maximum extent possible. O Design landscaping to minimize irrigation and runoff, to promote surface infiltration where appropriate, and to minimize the use of fertilizers and pesticides that can contribute to storm water pollution. ❑ Where landscaped areas are used to retain or detain storm water, specify plants that are tolerant of saturated soil conditions. ❑ Consider using pest -resistant plants, especially adjacent to hardscape. 0 To insure successful establishment, select plants appropriate to site soils, slopes, climate, sun, wind, rain, land use, air movement, ecological consistency, and plant interactions. ❑ Maintain landscaping using minimum or no pesticides. ❑ See applicable operational BMPs in Fact Sheet SC-41, `Building and Grounds Maintenance," in the CASQA Stormwater Quality Handbooks at www cabmphandbooks,com ❑ Provide IPM information to new owners, lessees, and operators. ❑ E. Pools, spas, ponds, decorative fountains, and other water features. ❑ Show location of water feature, nearest landscaped areas, and nearest storm drains. ❑ Describe how water removed from the water feature would drain to nearby landscaping or be dechlorinated before discharge in accordance with City requirements. ❑ See applicable operational BMPs in Fact Sheet SC-72, "Fountain and Pool Maintenance," in the CASQA Stormwater Quality Handbooks at www, cab mph andbooks. coat City of National City SUSMP Manual APPENDIX C — STORM WATER POLLUTANT SOURCES/SOURCE CONTROL CHECKLIST IF THESE SOURCES WILL BE ON THE PROJECT SITE ... ... THEN YOUR STORMWATER CONTROL PLAN SHOULD INCLUDE THESE SOURCE CONTROL BMPs 1 Potential Sources of Runoff Pollutants 2 Permanent Controls —Show on SUSMP Drawings 3 Permanent Controls —List in SUSMP Table and Narrative 4 Operational BMPs—Include in SUSMP Table and Narrative 0 F. Food service ❑ 0 For restaurants, grocery stores, and other food service operations, show location (indoors or in a covered area outdoors) of a floor sink or other area for cleaning floor mats, containers, and equipment. On the drawing, show a note that this drain will be connected to a grease interceptor before discharging to the sanitary sewer. ❑ Describe the location and features of the designated cleaning area. ❑ Describe the items to be cleaned in this facility and how it has been sized to insure that the largest items can be accommodated. ❑ ❑ G. Refuse areas ❑ ❑ Show where site refuse and recycled materials will be handled and stored for pickup. See local municipal requirements for sizes and other details of refuse areas. If dumpsters or other receptacles are outdoors, show how the designated area will be covered to prevent contact with rainfall, graded, and paved to prevent run- on and show locations of berms to prevent runoff from the area. Any drains from dumpsters, compactors, and grease or tallow bin areas shall be connected to a grease removal device before discharge to sanitary sewer. 0 State how site refuse will be handled and provide supporting detail to what is shown on plans. ❑ State that signs will be posted on or near dumpsters with the words "Do not dump hazardous materials here" or similar. 0 State how the following will be implemented: Provide adequate number of receptacles. Inspect receptacles regularly; repair or replace leaky receptacles. Keep receptacles covered. Prohibit/prevent dumping of liquid or hazardous wastes. Post "no hazardous materials" signs, Inspect and pick up litter daily and clean up spills immediately. Keep spill control materials available on - site. See Fact Sheet SC-34, "Waste Handling and Disposal" in the CASQA Stormwater Quality Handbooks at www.cabmphandbooks.corn City of National City SUSMP Manual >PENDIX C - STORM WATER POLLUTANT SOURCES/SOURCE CONTROL CHECKLIST IF THESE SOURCES WILL BE ON THE PROJECT SITE ... ... THEN YOUR STORMWATER CONTROL PLAN SHOULD INCLUDE THESE SOURCE CONTROL BMPs 1 2 3 4 Potential Sources of Permanent Controls —Show on Permanent Controls —List in SUSMP Operational BMPs—Include in Runoff Pollutants SUSMP Drawings Table and Narrative SUSMP Table and Narrative 0 H. Industrial processes. 0 Show process area. 0 If industrial processes are to be located on site, state: "All process activities to be performed indoors. No processes to drain to exterior or to storm drain system." 0 See Fact Sheet SC-10, "Non - Stormwater Discharges" in the CASQA Stormwater Quality Handbooks at www.cabmphandbooks.con ❑ 1. Outdoor storage of equipment or materials. (See rows J and K for 0 Show any outdoor storage areas, including how materials will be covered. Show how areas will be ❑ Include a detailed description of materials to be stored, storage areas, and structural features to prevent 0 See the Fact Sheets SC-31, "Outdoor Liquid Container Storage" and SC - 33, "Outdoor Storage of Raw source control measures for vehicle cleaning, repair, and graded and bermed to prevent run- on or run-off from area. pollutants from entering storm drains. Where appropriate, reference Materials " in the CASQA Stormwater Quality Handbooks at www.cabmphandbooks.com maintenance.) 0 Storage of non -hazardous liquids shall be covered by a roof and/or drain to the sanitary sewer system, documentation of compliance with the requirements of local Hazardous Materials Programs for: and be contained by berms, dikes, liners, or vaults. • Hazardous Waste Generation • Hazardous Materials Release ❑ Storage of hazardous materials and wastes must be in compliance with the local hazardous materials ordinance and a Hazardous Response and Inventory • California Accidental Release (Ca1ARP) Materials Management Plan for the site. • Aboveground Storage Tank • Uniform Fire Code Article S0 Section 103(b) & (c) 1991 • Underground Storage Tank State that proper permits or necessary ❑ approvals will be obtained for any drains connected to the sanitary sewer. City of National City SUSMP Manual APPENDIX C — STORM WATER POLLUTANT SOURCES/SOURCE CONTROL CHECKLIST IF THESE SOURCES WILL BE ON THE PROJECT SITE ... ... THEN YOUR STORMWATER CONTROL PLAN SHOULD INCLUDE THESE SOURCE CONTROL BMPs 1 2 3 4 Potential Sources of Permanent Controls —Show on Permanent Controls —List in SUSMP Operational BMPs—Include in Runoff Pollutants SUSMP Drawings Table and Narrative SUSMP Table and Narrative D J. Vehicle and Equipment Cleaning ❑ Show on drawings as appropriate: ❑ If a car wash area is not provided, describe measures taken to discourage Describe operational measures to implement the following (if (1) Commercial/industrial facilities on -site car washing and explain how applicable): having vehicle /equipment cleaning needs shall either provide a covered, bermed area for washing activities these will be enforced. State that proper permits or necessary ❑ Wash water from vehicle and equipment washing operations shall or discourage vehicle/equipment ❑ approvals will be obtained for any not be discharged to the storm drain washing by removing hose bibs and installing signs prohibiting such uses. drains connected to the sanitary sewer. system. 0 See Fact Sheet SC-21, "Vehicle and Equipment Cleaning," in the CASQA (2) Multi -dwelling complexes shall have a paved, bermed, and covered car wash area (unless car washing is prohibited on -site and hoses are provided with an automatic shut-off to discourage such use). Stormwater Quality Handbooks at www.cabmphandbooks.cort (3) Washing areas for cars, vehicles, and equipment shall be paved, designed to prevent run-on to or runoff from the area, and plumbed to drain to the sanitary sewer. (4) Commercial car wash facilities shall be designed such that no runoff from the designated water arca is discharged to the storm drain system. Wastewater from the facility shall discharge to the sanitary sewer, or a wastewater reclamation system shall be installed, City of National City SUSMP Manual APPENDIX C - STORM WATER POLLUTANT SOURCES/SOURCE CONTROL CHECKLIST IF THESE SOURCES WILL BE ON THE PROJECT SITE ... ... THEN YOUR STORMWATER CONTROL PLAN SHOULD INCLUDE THESE SOURCE CONTROL BMPs 1 Potential Sources of Runoff Pollutants 2 Permanent Controls —Show on SUSMP Drawings 3 Permanent Controls —List in SUSMP Table and Narrative 4 Operational BMPs—Include in SUSMP Table and Narrative ❑ K. Vehicle/Equipment Repair and Maintenance ❑ Accommodate all vehicle equipment repair and maintenance indoors or designate an outdoor work area and design the area to prevent run-on and runoff of storm water. 0 Show secondary containment for exterior work areas where motor oil, brake fluid, gasoline, diesel fuel, radiator fluid, acid -containing batteries or other hazardous materials or hazardous wastes are used or stored. Drains shall not be installed within the secondary containment areas. ❑ Add a note on the plans that states either (1) there are no floor drains, or (2) floor drains are connected to wastewater pretreatment systems prior to discharge to the sanitary sewer and an industrial waste discharge permit will be obtained. State that no vehicle repair or maintenance will be done outdoors, or else describe the required features of the outdoor work area. ❑ State that there are no floor drains or if there are floor drains, note the agency from which an industrial waste discharge permit will be obtained and that the design meets that agency's requirements. ❑ State that there are no tanks, containers or sinks to be used for parts cleaning or rinsing or, if there are, note the agency from which an industrial waste discharge permit will be obtained and that the design meets that agency's requirements, In the SUSMP report, note that all of the following restrictions apply to use the site: ❑ No person shall dispose of, nor permit the disposal, directly or indirectly of vehicle fluids, hazardous materials, or rinse water from parts cleaning into storm drains. No vehicle fluid removal shall be performed outside a building, nor on ❑ asphalt or ground surfaces, whether inside or outside a building, except in such a manner as to ensure that any spilled fluid will be in an area of secondary containment. Leaking vehicle fluids shall be contained or drained from the vehicle immediately. No person shall leave unattended drip parts or other open containers containing vehicle fluid, unless such containers are in use or in an area of secondary containment. City of National City SUSMP Manual APPENDIX C — STORM WATER POLLUTANT SOURCES/SOURCE CONTROL CHECKLIST IF THESE SOURCES WILL BE ON THE PROJECT SITE ... ... THEN YOUR STORMWATER CONTROL PLAN SHOULD INCLUDE THESE SOURCE CONTROL BMPs 1 2 3 4 Potential Sources of Permanent Controls —Show on Permanent Controls —List in SUSMP Operational BMPs—Include in Runoff Pollutants SUSMP Drawings Table and Narrative SUSMP Table and Narrative 0 L. Fuel Dispensing ❑ Fueling areas; shall have 0 The property owner shall dry sweep Areas impermeable floors (i.e., portland cement concrete or equivalent smooth impervious surface) that are: a) graded at the minimum slope necessary to prevent ponding; and b) separated from the rest of the site by a grade break that prevents run- on of storm water to the maximum extent practicable. the fueling area routinely. ❑ See the Business Guide Sheet, "Automotive Service —Service Stations" in the CASQA Stormwater Quality Handbooks at www.cabmphandbooks.cot>s Fueling areas shall be covered by a canopy that extends a minimum of ❑ ten feet in each direction from each pump. [Alternative: The fueling area must be covered and the cover's minimum dimensions must be equal to or greater than the area within the grade break or fuel dispensing areal.] The canopy [or cover] shall not drain onto the fueling area. } The fueling area shall be defined as the area extending a minimum of 6.5 feet from the comer of each fuel dispenser or the length at which the hose and nozzle assembly may be operated plus a minimum of one foot, whichever is greater. City of National City SUSMP Manual APPENDIX C - STORM WATER POLLUTANT SOURCES/SOURCE CONTROL CHECKLIST IF THESE SOURCES WILL BE ON THE PROJECT SITE ... ... THEN YOUR STORMWATER CONTROL. PLAN SHOULD INCLUDE THESE SOURCE CONTROL BMPs 1 2 3 4 Potential Sources of Permanent Controls —Show on Permanent Controls —List in SUSMP Operational BMPs—Include in Runoff Pollutants SUSMP Drawings Table and Narrative SUSMP Table and Narrative 0 M. Loading Docks ❑ Show a preliminary design for the ❑ State that proper permits or necessary 0 Move loaded and unloaded items loading dock area, including roofing and drainage. Loading docks shall be covered and/or graded to minimize run-on to and runoff from the loading area. Roof downspouts shall be positioned to direct storm water away from the loading area. approvals will be obtained for any drains connected to the sanitary sewer. indoors as soon as possible. ❑ See Fact Sheet SC-30, "Outdoor Loading and Unloading," in the CASQA Stormwater Quality Handbooks at www.cabmphandbookrt.conk Water from loading dock areas should be drained to the sanitary sewer where feasible. Direct connections to storm drains from depressed loading docks are prohibited. Loading dock areas draining directly 0 to the sanitary sewer shall be equipped with a spill control valve or equivalent device, which shall be kept closed during periods of operation. Provide a roof overhang over the loading area or install door skirts ❑ (cowling) at each bay that enclose the end of the trailer. City of National City SUSMP Manual APPENDIX C - STORM WATER POLLUTANT SOURCES/SOURCE CONTROL CHECKLIST IF THESE SOURCES WILL BE ON THE PROJECT SITE ... ... THEN YOUR STORMWATER CONTROL PLAN SHOULD INCLUDE THESE SOURCE CONTROL BMPs 1 Potential Sources of Runoff Pollutants 2 Permanent Controls —Show on SUSMP Drawings 3 Permanent Controls —List in SUSMP Table and Narrative 4 Operational BMPs—Include in SUSMP Table and Narrative ❑ N. Fire Sprinkler Test Water ❑ Provide a means to drain fire sprinkler test water to the sanitary sewer or to a landscaped area where there will be no discharge to the storm drain system. Obtain proper permits or necessary approvals for any drains connected to the sanitary sewer. ❑ See the note in Fact Sheet SC-41, "Building and Grounds Maintenance," in the CASQA Stormwater Quality Handbooks at www. c abmphandbooks. corn City of National City SUSMP Manual APPENDIX C - STORM WATER POLLUTANT SOURCES/SOURCE CONTROL CHECKLIST IF THESE SOURCES WILL BE ON THE PROJECT SITE ... ... THEN YOUR STORMWATER CONTROL PLAN SHOULD INCLUDE THESE SOURCE CONTROL BMPs 1 2 3 4 Potential Sources of Permanent Controls —Show on Permanent Controls —List in SUSMP Operational BMPs—Include in Runoff Pollutants SUSMP Drawings Table and Narrative SUSMP Table and Narrative O. Miscellaneous Drain or Wash Water ❑ Boiler drain lines ❑ Boiler drain lines shall be directly or indirectly connected to the sanitary sewer system and may not discharge to the storm drain system. Condensate drain lines ❑ Rooftop equipment D State that proper permits or necessary approvals will be obtained for all drains connected to the sanitary sewer. ❑ Drainage sumps ❑ Roofing, gutters, and trim. ❑ Condensate drain lines may discharge to landscaped areas if the flow is small enough that runoff will not occur. Condensate drain lines may not discharge to the storm drain system. ❑ Rooftop mounted equipment with potential to produce pollutants shall be roofed and/or have secondary containment. CI Any drainage sumps on -site shall feature a sediment sump to reduce the quantity of sediment in pumped water. ❑ Avoid roofing, gutters, and trim made of copper or other unprotected metals that may leach into runoff. City of National City SUSMP Manual APPENDIX C - STORM WATER POLLUTANT SOURCES/SOURCE CONTROL. CHECKLIST IF THESE SOURCES WILL BE ON THE PROJECT SITE ... ... THEN YOUR STORMWATER CONTROL PLAN SHOULD INCLUDE THESE SOURCE CONTROL BMPs 1 2 3 4 Potential Sources of Permanent Controls —Show on Permanent Controls —List In SUSMP Operational BMPs--Include in Runoff Pollutants SUSMP Drawings Table and Narrative SUSMP Table and Narrative ❑ P. Plazas, sidewalks, and parking lots. ❑ Plazas, sidewalks, and parking lots shall be swept regularly to prevent the accumulation of litter and debris. Debris from pressure washing shall be collected to prevent entry into the storm drain system. Wash water containing any cleaning agent or degreaser shall be collected and discharged to the sanitary sewer and not discharged to a storm drain. City of National City SUSMP Manual APPENDIX D — BIBLIOGRAPHY AND SUGGESTED RESOURCES BASMAA. 1999. Bay Area Stormwater Management Agencies Association. Start at the Source: Design Guidance Manual forStormwater Quahty. Tom Richman and Associates. 154 pp. plus appendix_ BASMAA. 2003. Using Site Design Techniques to Meet Development Standards for Stormn aterQua/ity. www.basmaa.org CASQA. 2003. California Stormwater Quality Association_ California Stormwater BMP I fandbooks Four Handbooks: New Development and Redevelopment, Construction, Municipal, and Industrial/Commercial www.cabm pha nd bo oks. orp County of San Diego- 2007. Low Impact Development Handbook: Stormwater Management Strategies. www.sdcounty.ca.govidplutdocs/LID-Hantilmok.pd f Federal Interagency Stream Restoration Working Group. 1998. Stream Restoration: Prinapks, Processes, and Practicer http://www.nres.usdagov/technical/stream restoratio nL Hampton Roads, VA_ 2002. Best Management Practices Guide. Public Telecommunications Center. http:J /www.hrstortn.org/ BMP.shtml Low Impact Development Center. 2006. LID forBiq- Box Retailers. 75 pp. http:!/ lowimpactdcveiopment.orgjbigbox/ Maryland. 2000. State of Maryland_ Maryland Stormwater Design Manual www.mde.state.md.us/Programs/ WaterPtograms/Scdi mentandStormwater/stonnwater design/index.asp Portland. City of Portland, OR. 2004 .Stormwater Management Manual http: / / www.portlandonline.com/besiindex.cfm?e=351 17 Prince George's County, Maryland. 1999. Low -Impact Development Design .Strategies: An Integrated Design Approach. Departnent of Environmental Resources, Programs and Planning Division. June 1999. 150 pp. http: / /www.epa.gov/owow/nps/lid/ Prince George's County, Maryland. 2002. Bioretentian Manual Department of Environmental Resources, Programs and Planning Division_ http://www.goprincegeorgescounty.com /Government JAyencylndex/ DER/ ESD/Bioretention/bioretention asp Puget Sound Action Team. 2005. Low Impact Development Technical Guidance Manual for Puget Sound. http://www.psat.wa.gov/Publications/LID tech man ua105/lid index.htm Riley, Ann. 1998. Restoring Suzann in Cities. Island Press, Washington, DC_ 425 pp. www.islandpress.org/book s/detail.html?SKU=1- 55963-042-6 RWQCB_ 2007. California Regional Water Quality Control Board for the San Diego Region. Order R9 2007-0001 (Stormwater NPDES Permit) www.waterboards.ca.gov/sandiego/ Salvia, Samantha_ 2000. "Application of Water Quality Engineering Fundamentals to the Assessment of Stormwater Treatment Devices." Santa Clara Valley Urban Runoff Pollution Prevention Program. Tech. Memo, 15 pp. www.scvurp w2k.com /pdfs/9798 /SC18.02fmalTM.pdf Schueler, Torn. 1995..Site Planning for Urban Stream Prntection- Environmental Land Planning Series_ MetropolitanWashington Council of Governments_ 232 pp- www.cwp.org/SPSP/TOC.hmt Washington Department of Ecology. 2001. Stormwater Management Manual for Western Washington. www.ecy-wa-gotribiblio/9911.html \X'atcrshed Management Institute. 1997. Operation, Maintenance, and Management of.Stormwater Management Systems. WEF/ASCE. 1998. Water Environment Foundation/American Society of Civil Engineers. Urban Runoff Quality Management. WEF Manual of Practice No. 23, ASCE Manual and Report on Engineering Practice No_ 87. ISBN 1-57278-039-8 ISBN 0-7844-0174-8. 259 pp. Access: Order from WEF or ASCE, www.wef.org or www.asce.org City of National City SUSMP Manual 125 City of National City, California COUNCIL AGENDA STATEMENT !ETING DATE February 2, 2010 AGENDA ITEM NO. 9 ITEM TITLE An Ordinance of the City Council of the City of National City Amending Sections 14.22.020, 14.22.030, 14.22.040, 14.22.090, 14.22.110, 14.22.120, 14.22.130, 14.22.140, 14.22.150, 14.22.160, and14.22.170 of the National City Municipal Code regarding National City Storm Water Management and Discharge Control PREPARED BY Barby Tipton U) DEPARTMENT Engineering EXT. 4583 EXPLANATION On January 24, 2007, the San Diego Regional Water Quality Control Board (RWQCB) issued the National Pollutant Discharge Elimination System (NPDES) Permit No. CAS0108758, Order No. R9-2007- 001 which required changes to Chapter 14.22 (Storm Water Management and Discharge Control). These changes were adopted in Ordinance 2008-2308. The aforementioned permit also required that additional updates be implemented prior to March 24, 2010. The intent of the update is to protect and enhance the water quality of the watercourse, water bodies and wetlands in a manner pursuant to and consistent with the Clean Water Act and the San Diego RWQCB NPDES Permit. This is a companion item to the Ordinance adopting the Standard Urban Storm Water Mitigation Plan (SUSMP) Manual, and repealing Ordinance 2008-2307. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Introduce Ordinance BOARD / COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) Resolution No. Ordinance L A-200 (Rev. 7/03) ORDINANCE NO. 2010 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTIONS 14.22.020, 14.22.030, 14.22.040, 14.22.090, 14.22.110, 14.22.120, 14.22.130, 14.22.140, 14.22.150, 14.22.160, and14.22.170 OF THE NATIONAL CITY MUNICIPAL CODE REGARDING NATIONAL CITY STORM WATER MANAGEMENT AND DISCHARGE CONTROL BE IT ORDAINED by the City Council of the City of National City that Title 14, Chapter 14.22, of the National City Municipal Code is hereby amended by amending the Table of Contents to read as follows: Sections: 14.22.010 14.22.020 14.22.030 14.22.040 14.22.050 14.22.060 14.22.070 14.22.080 14.22.090 14.22.100 14.22.110 14.22.120 14.22.130 14.22.140 14.22.150 14.22.160 14.22.170 14.22.180 14.22.190 14.22.200 14.22.210 14.22.220 14.22.230 Title. Purpose and intent. Definitions. General provisions. Reduction of pollutants in storm water --Minimum requirements. Watercourse protection. Illicit connection and illegal discharge of pollutants --Prohibited. Exceptions to discharge prohibition. Best management practice requirements and general requirements applicable to all discharges. Additional minimum best management practice requirements for residential activities and facilities. Additional minimum best management practice requirements for commercial activities and facilities. Additional minimum best management practice requirements for industrial activities and facilities. Additional minimum best management practice requirements for municipal activities and facilities. Manuals. Additional requirements for land disturbance activity. Additional planning, design, and post -construction requirements for Development Projects. Maintenance of BMPs. Inspection and sampling. Enforcement. Enforcement authority. Other acts and omissions that are violations. Penalties. Restrictions and conditions on issuance of ministerial and discretionary development permits. BE IT FURTHER ORDAINED by the City Council of the City of National City that Title 14, Chapter 14.22, of the National City Municipal Code is hereby amended by amending Sections 14.22.020, 14.22.030, 14.22.040, 14.22.090, 14.22.110, 14.22.120, 14.22.130, 14.22.140, 14.22.150, 14.22.160, and 14.22.170 to read as follows: 1 14.22.020 Purpose and intent. A. The purpose of this Chapter is to ensure the future health, safety, and general welfare of the citizens; to protect water resources and to improve water quality; to cause the use of management practices by the city and its citizens that will reduce the adverse effects of polluted runoff discharges on waters of the State; to secure benefits from the use of storm water as a resource; and to ensure that the city is compliant with San Diego Regional Water Quality Control Board ("RWQCB") Order No. 2001-01 and renewed by 2007-0001 National Pollutant Discharge Elimination System ("NPDES") Permit Number CAS0108758, and with applicable State and federal law. The city seeks to promote these purposes by: 1. Controlling nonstorm water discharges to the storm water conveyance system; 2. Eliminating discharges to the storm water conveyance system from spills, dumping, or disposal of materials other than storm water or permitted or exempted discharges; 3. Reducing pollutants in storm water discharges, including those pollutants taken up by storm water as it flows over urban areas, to the maximum extent practicable (MEP); 4. Reducing pollutants in storm water discharges in order to achieve applicable water quality objectives for surface waters in San Diego County; 5. Establishing minimum requirements for storm water management, including source control requirements, to prevent and reduce pollution; 6. Establishing requirements for development project site design, to reduce storm water pollution and erosion; 7. Establishing requirements for the management of storm water flows from development projects, both to prevent erosion, and to protect and to enhance existing water - dependent habitats; and 8. Establishing notice procedures and standards for adjusting storm water and nonstorm water management requirements where necessary. B. The intent of this Chapter is to protect and enhance the water quality of the watercourse, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act and the San Diego RWQCB Order No. 2001-01, and renewed by 2007-0001, NPDES Permit Number CAS0108758, and any subsequent amendments, revisions, or reissuance of the permit and the Standard Urban Storm Water Mitigation Plan (SUSMP) adopted by Ordinance No. 2213 on November 19, 2002, and any subsequent adopted amendments, revisions, or modifications. 14.22.030 Definitions. When used in this Chapter, the following terms shall have the meanings ascribed to them in this Section: "Authorized enforcement official" means the city manager of the City of National City or any designee of the city manager of the City of National City who is responsible for enforcing the provisions of this Chapter, including but not limited to, the directors, their management staff, and designees. "Basin plan" means the comprehensive water quality control plan for the San Diego Basin, adopted by the Regional Water Quality Control Board, San Diego Region (July 1975), and approved by the State Water Resources Control Board, together with subsequent amendments. "Best management practices (BMPs)" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce to the MEP the discharge of pollutants directly or indirectly to waters of the United States. BMPs also include treatment requirements, operating procedures and practices to control site runoff, spillage or Teaks, sludge or waste disposal or drainage from raw materials storage. 2010 Ordinance Storm Water Management and 2 Discharge Control "BMP Manual" means the city's Best Management Practices Manual described in Section 14.22.140 of this Chapter, adopted by resolution and hereinafter referred to as "BMP Manual". "BMPs" means best management practices. "California ocean plan" means the California Ocean Plan: Water Quality Control Plan for Ocean Waters of California, adopted by the State Water Resources Control Board, September 1991, and any subsequent amendments. "Channel" means a natural or improved watercourse with a definite bed and banks that conducts continuously or intermittently flowing water. "Commercial discharger" means discharger who operates a regulated commercial facility. "City" means the City of National City. "Development project" means new development or redevelopment with land disturbing activities, construction, or installation of a structure, the creation of impervious surface or land subdivision. "Developer" means a person who seeks or receives permits for or who undertakes land development activity. "Development project proponent" means developer. "Directors" means the Director of Development Services. "Discharge" when used as a verb, means to allow pollutants to directly or indirectly enter storm water or to allow storm water or nonstorm water to directly or indirectly enter the storm water conveyance system or receiving waters, from an activity or operations which one owns or operates. When used as a noun, "discharge" means the pollutants, storm water and/or nonstorm water that is discharged. "Discharger" means any person or entity engaged in activities or operations or owning facilities, which will or may result in pollutants entering storm water, the storm water conveyance system or receiving waters; and the owners of real property on which such activities, operations or facilities are located; provided however that a local government or public authority is not a discharger as to activities conducted by others in public rights -of -way. "Discharges directly to" means that storm water or nonstorm water enters receiving waters from a facility or activity without mixing with any storm water or nonstorm water from another facility or activity prior to entering such receiving waters. "Drainage easement" means a legal right granted by a land owner to a grantee allowing the use of private land for storm water management purposes. "Employee training program" means a documented employee training program for all persons responsible for implementing a storm water pollution prevention plan. The employee training program shall include, but is not limited to, the following topics: 1. Laws, regulations, and local ordinances associated with storm water pollution prevention, and an overview of the potential impacts of polluted storm water on the receiving waters of the San Diego region. 2. Proper handling of all materials and wastes to prevent spillage. 3. Mitigation of spills including spill response, containment, and cleanup procedures. 4. Visual monitoring of all effluent streams to ensure that no illicit discharges enter the storm water conveyance system. 5. Discussion of the difference between the storm water conveyance system and the sanitary sewer system. 6. Identification of all on -site connections to the storm water conveyance system. 7. Preventive maintenance and good housekeeping procedures. 2010 Ordinance Storm Water Management and 3 Discharge Control 8. Material management practices employed by the facility to reduce or eliminate pollutant contact with storm water discharge. 9. A documented employee training program prepared pursuant to any NPDES storm water permit shall meet the definition of an employee training program for the purposes of this Chapter. "Enclosed bays and estuaries plan" means the California Enclosed Bays and Estuaries Plan: Water Quality Control Plan for Enclosed Bays and Estuaries of California, adopted by the State Water Resources Control Board, April 11, 1991, and any subsequent amendments. "Environmentally sensitive area" means impaired water bodies, areas designated as areas of special biological significance or with the RARE beneficial use by the SWRCB in the water quality control plan for the San Diego Basin (1994 and amendments), national wildlife refuges, areas designated as preserves for species protection purposes by the State of California or a local government, and pre -approved mitigation areas identified in agreements between the city and State or federal natural resources agencies. "ESA" means environmentally sensitive area. "Household hazardous waste" means a household hazardous material that no longer has a use and is discarded or intended to be discarded. The term includes, but is not limited to paint and paint -related materials; yard and garden products; household cleaners; used oil, motor vehicle fluids, batteries, and oil filters; and household batteries. "Illegal connection" means a pipe, facility, or other device connected to the storm water conveyance system or receiving waters, which has not been reviewed and authorized by the city; or a permitted/authorized pipe, facility, or other device, which conveys illegal discharges. "Illegal discharge" means any nonpermitted or nonexempt discharge to the storm water conveyance system that is not composed entirely of storm water or is expressly prohibited by federal, State, or local regulations, laws, codes, or ordinances, or degrades the quality of receiving waters in violation of the basin plan, the enclosed bays and estuaries plan, the inland surface water plan, and the California Ocean Plan Standards. "Illicit connection" means any nonpermitted or undocumented physical connection to the storm water conveyance system which has not been approved by the city or which drains illegal discharges either directly or indirectly into a storm water conveyance system. "Impaired water body" means a water body that is listed by the SWRCB as impaired by a particular pollutant or pollutants, pursuant to Section 303(d) of the Federal Clean Water Act. "303(d)-listed water body" has the same meaning. "Impervious cover or impervious surface" means constructed or modified surfaces that cannot effectively infiltrate rainfall. The term includes, but is not limited to, building rooftops, pavement, sidewalks, and driveways. "Impervious surface area" means ground area covered or sheltered by an impervious surface measured in plan view (i.e., as if from directly above). For example, the "impervious surface area" for a pitched roof is equal to the ground area it shelters, rather than the surface area of the roof itself. "Industrial activity" means manufacturing, processing, or raw materials storage at a commercial, industrial, or municipal facility. The term includes, but is not limited to, such manufacturing, processing, or storage in or upon industrial plant yards or immediate access roads used or traveled by carriers of raw materials; manufacture of products, waste material, or by-product creation or storage; material handling; refuse storage or disposal; the application or disposal of processed wastewaters; storage and maintenance of material handling equipment; treatment, storage, or disposal of residuals; outdoor shipping and receiving; activities in manufacturing buildings; storage of raw materials and intermediate and finished products; and the ownership, use, or control of areas where significant industrial activity has taken place in the past and significant materials remain and are exposed to storm water. Material handling 2010 Ordinance Storm Water Management and 4 Discharge Control activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product, or waste product. "Industrial discharger" means a discharger who operates a regulated industrial facility. "Industrial storm water permit" means the State general industrial storm water permit. "Infiltration" means the process of percolating storm water or nonstorm water into the soil. "Infiltration BMPs or infiltration facility" means any structural treatment BMP designed primarily to percolate water into the subsurface, such as an infiltration trench or infiltration basin. An infiltration facility may include filtering prior to or during infiltration. BMPs that infiltrate some water, but are designed primarily to retain water or to treat water such as retention basins, constructed wetlands, or filtering swales, are not infiltration facilities. "JURMP" is an acronym for jurisdictional urban runoff management program. This document presents the city's storm water program in compliance with the municipal permit. "Land development activity" means any activity or proposed activity that requires any of the permits or approvals listed in Section 14.22.O4O(F) of this Chapter. "Land disturbance activity" means any activity that moves soils or substantially alters the pre-existing vegetated or man-made cover of any land. This includes, but is not limited to, grading, digging, cutting, scraping, stockpiling, or excavating of soil; placement of fill materials; paving, pavement removal, exterior construction; substantial removal of vegetation where soils are disturbed including, but not limited to, removal by clearing or grubbing; or any activity which bares soil or rock or involves streambed alterations or the diversion or piping of any watercourse. Land disturbance activity does not include routine maintenance to maintain original line and grade, hydraulic capacity or the original purpose of the facility, nor does it include emergency construction activities or maintenance activities required to protect public health and safety. "Land owner" means the holder of legal title to the land and other persons or entities who exercise control over a land development project pursuant to rights granted in a purchase agreement, joint venture agreement, development agreement, or long-term lease. "Low impact development (LID)" means a storm water management and land development strategy that emphasizes conservation and the use of on -site natural features integrated with engineered, small-scale hydrologic controls to more closely reflect pre - development hydrologic features. "Maintenance (of a BMP)" means periodic action taken to maintain the as designed performance of a BMP and includes, but is not limited to, repairs to the BMP as necessary and replacement of the BMP by an equally effective or more effective BMP at the end of its useful life. "Maximum extent practicable" is an acceptability standard for best management practices (BMPs). When BMPs are required to meet this standard, the BMPs must be the most effective set of BMPs that is still practicable. A BMP is effective if it prevents, reduces, or removes the pollutants that would otherwise be present in runoff due to human activity. A BMP is practicable if it complies with other regulations as well as storm water regulations; is compatible with the area's land use, character, facilities, and activities; is technically feasible (considering area soil, geography, water resources, and other resources available); is economically feasible; and provides benefits that are reasonable in relation to costs. "MEP" means maximum extent practicable. "Motor vehicle" means any automobile, car, truck, bus, motor home, or other self- propelled vehicle used or suited to use for on -road transportation; and any similar vehicle modified for off -road use. "Municipal facility" means a facility owned or operated by the City of National City that is used for a governmental purpose. Facilities on municipally -owned land that are leased or rented to others to generate municipal revenues are not municipal facilities. (The commercial or 2010 Ordinance Storm Water Management and 5 Discharge Control industrial lessees of such facilities may, however, be subject to this Chapter as commercial dischargers or industrial dischargers). "National Pollution Discharge Elimination System (NPDES) permit" means a national pollutant discharge elimination system permit issued by the Regional Water Quality Control Board or the State Water Resources Control Board and/or the Regional Water Quality Control Board. "NPDES Permit No. CAS0108758" means RWQCB Order No. 2007-0001, NPDES Permit No. CAS0108758, Waste Discharge Requirements for Discharges of Urban Runoff From the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds of the County of San Diego, the incorporated cities of San Diego County, the San Diego Unified Port District, and the San Diego County Regional Airport Authority. "Nonstorm water discharge" means any discharge to the storm water conveyance system that is not entirely composed of storm water. "Plan standard" means any or all applicable requirements of the basin plan, the enclosed bays and estuaries plan, the inland surface water plan, and the California Ocean Plan. "Pollutant" means and includes, but is not limited to solid waste, sewage, garbage, medical waste, wrecked or discarded equipment, radioactive materials, dredged spoil, rock, sand, sediment, industrial waste, and any organic or inorganic contaminant whose presence degrades the quality of the receiving waters in violation of the basin plan, the enclosed bays and estuaries plan, the inland surface water plan, and the California Ocean Plan standards, such as fecal coliform, fecal streptococcus, enterococcus, volatile organic carbon (VOC), surfactants, oil and grease, petroleum hydrocarbons, total organic carbon (TOC), total suspended and settleable solids, nutrients, metals, cyanides, phenols, and biocides. A pollutant also includes any substance defined as a pollutant under 40 CFR Section 122.2, and any contaminant which degrades the quality of the receiving waters in violation of the basin plan, the enclosed bays and estuaries plan, the inland surface water plan, and the California Oteen Plan standards by altering any of the following parameters: pH, biochemical oxygen demand (BOD), chemical oxygen demand (COD), and temperature. "Premises" means any building, lot, parcel, real estate, land, or portion of land whether improved or unimproved. "Priority development projects" are any development projects falling into at least one of the following categories. 1. Housing subdivisions resulting in the disturbance of one acre or more of land, or comprised of 10 or more dwelling units. This category includes single-family homes, multi -family homes, condominiums, and apartments. 2. Commercial developments resulting in the disturbance of one acre or more of land. This category is defined as any development on private land that is not for industrial or residential use where the land area for development is greater than one acre. The category includes, but is not limited to, hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, municipal facilities, commercial nurseries, multi - apartment buildings, car wash facilities, mini -malls and other business complexes, shopping malls, hotels, office buildings, public warehouses, automotive dealerships, commercial airfields, and other Tight industrial facilities. 3. Development of industry resulting in the disturbance of one acre or more of land. This category includes, but is not limited to, manufacturing plants, food processing plants, metal working facilities, printing plants, and fleet storage areas (bus, trucks, etc.). 4. Automotive repair shops. This category is defined as a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. The SIC codes are available on OSHA's website (http://www.osha.gov/p1s/misisicsearch.html). 5. Restaurants. This category is defined as a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC Code 5812), where the land 2010 Ordinance Storm Water Management and 6 Discharge Control area for development is greater than 5,000 square feet. Restaurants where land development is less than 5,000 square feet shall meet all Standard Urban Storm Water Mitigation Plan (SUSMP) requirements except for structural treatment BMP and numeric sizing criteria requirement and hydromodification requirement. 6. All hillside development greater than 5,000 square feet. This category is defined as any development which creates 5,000 square feet of impervious surface that is located in an area with known erosive soil conditions, where the development will grade on any natural slope that is twenty-five percent or greater. 7. Environmentally Sensitive Areas: All development and redevelopment located within or directly adjacent to or discharging directly to an environmentally sensitive area (where discharges from the development or redevelopment will enter receiving waters within the environmentally sensitive area), which either creates 2,500 square feet of impervious surface on a proposed project site or increases the area of imperviousness of a proposed project site to 10 percent or more of its naturally occurring condition. "Directly adjacent" means situated within 200 feet of the Environmentally Sensitive Area (ESA). "Discharging directly to" means outflow from a drainage conveyance system that is composed entirely of flows from the subject development or redevelopment site, and not commingled with flows from adjacent lands. 8. Parking lots 5,000 square feet or more or with 15 or more parking spaces and potentially exposed to urban runoff. Parking lot is defined as a land area or facility for the temporary parking or storage of motor vehicles used personally, for business, or for commerce. 9. Street, roads, highways, and freeways. This category includes any paved surface that is 5,000 square feet or greater used for the transportation of automobiles, trucks, motorcycles, and other vehicles. Natural BMPs such as constructed wetlands, grassed swales, biofilters, wet ponds, and vegetated filter strips shall be utilized whenever practicable for all new development and significant redevelopment. 10. Retail Gasoline Outlets (RGOs). This category includes RGOs and retail places of business engaged in the sales of motor fuels that meet the following criteria: (a) 5,000 square feet or more, or (b) a projected average daily traffic (ADT) of 100 or more vehicles per day. 11. All other pollutant generating development projects that result in the disturbance of one acre or more of land. Generally all projects which include impervious surfaces and/or introduce landscaping that requires routine use of fertilizers and pesticides are considered pollutant generating above background levels. Linear pathway projects that are for infrequent vehicle use, such as emergency or maintenance access, or for pedestrian or bicycle use are not considered pollutant generating above background levels if they are built with pervious surfaces or if they sheet flow to surrounding pervious surfaces. "Rainy season" means the period from October 1st through April 30th. "Receiving water" means surface bodies of water, as described in Order No. 90-42 of the Regional Water Quality Control Board, San Diego Region, that serve as discharge points for the storm water conveyance system, including San Diego Bay, Paradise Creek and the Paradise Creek Marsh, the Sweetwater River and the Sweetwater River Flood Control Channel, the 7th Street Channel, and La Paleta Creek. "Redevelopment" means any construction, alteration, or improvement of an already developed site that will increase the total impervious surface area of that site or that involves activities that could expose pollutants to rainfall. Redevelopment can include, but is not limited to, the expansion of building footprints, the addition or replacement of a structure, exterior construction and remodeling, replacement of existing impervious surfaces that are not part of a routine maintenance activity, and other activities that create additional impervious surfaces. "Regulated commercial facility" means all nonresidential facilities engaged in business or commerce, whether for profit or not -for -profit or publicly or privately owned, except for regulated industrial facilities and municipal facilities; plus residences used for commercial repair, maintenance, cleaning, manufacturing, food preparation or painting activity if that activity has 2010 Ordinance Storm Water Management and 7 Discharge Control the potential to result in the discharge of nonstorm water or the discharge of pollutants to storm water. "Regulated industrial facility" means any facility subject to the State general industrial storm water permit; any other facility primarily engaged in manufacturing, processing, storage, or handling of raw materials, processed bulk materials or refuse; and any other facility with a total outdoor uncovered area of more than two acres that is used for an industrial activity. Municipal facilities are not regulated industrial facilities, unless they are subject to the State general industrial storm water permit. "Residential discharger" means, for an occupied residence, the occupants; and for a vacant residence, the owner and the manager of the residence. "RWQCB" means the Regional Water Quality Control Board for the San Diego region. "Significant redevelopment" means development in the city that would create, add, or replace at least five thousand square feet of impervious surfaces on an already developed site that falls under one or more priority development project categories. Significant redevelopment includes, but is not limited to: the expansion of a building footprint; addition to or replacement of a structure; replacement of an impervious surface that is not part of a routine maintenance activity; and land disturbing areas related with structural or impervious surfaces. Replacement of impervious surfaces includes any activity that is not part of a routine maintenance activity where impervious material(s) are removed, exposing underlying soil during construction. Significant redevelopment does not include trenching and resurfacing associated with utility work; resurfacing and reconfiguring surface parking lots; new sidewalk construction, pedestrian ramps, or bike lane on existing roads; and replacement of damaged pavement. "Standard Urban Storm Water Mitigation Plan (SUSMP)" means the plan designed to reduce pollutants and runoff flows from new development and significant redevelopment, adopted by Ordinance No. 2213 of November 12, 2002, and any subsequently adopted amendments, revisions, or modifications. "State General Construction Storm Water Permit" means NPDES Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water Associated with Construction Activities, and any amendments thereto. "State General Industrial Storm Water Permit" means NPDES Permit No. CAS000001, Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities, and any amendments thereto. "Stop work order" means an order issued which requires that specifically identified activity or all activity on a site be stopped. "Storm water" means surface runoff and drainage associated with storm events and snow melt. "Storm water conveyance system" means and includes, but is not limited to those municipal facilities within the city by which storm water may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, natural and artificial channels, aqueducts, canyons, stream beds, gullies, curbs, gutters, ditches, natural and artificial channels, or storm drains. "Storm water management" means the use of structural or nonstructural BMPs that are designed to reduce urban run-off pollutant loads, discharge volumes, and/or peak discharge flow rates or velocities. When applied to the city or another municipality, storm water management also includes planning and programmatic measures. "Storm water management plan" means a plan, submitted on a City form or in a City - specific format in connection with an application for a City permit or other City approval, identifying the measures that will be used for storm water and nonstorm water management during the permitted activity. "Storm Water Pollution Prevention Plan (SWPPP)" means a document which describes the on -site program activities to eliminate or reduce to the MEP, pollutant discharges to the 2010 Ordinance Storm Water Management and 8 Discharge Control storm water conveyance system. This plan shall include, but not be limited to, the following site information: 1. An inventory of all of materials/wastes that are handled on a premise and have a reasonable potential to impact storm water quality; 2. A description of measures taken which will reduce the possibility or likelihood of accidental spillage resulting from equipment failure or employee error; 3. A description of on -site spill control/response equipment and procedures to prevent contaminants from entering the storm water conveyance system; 4. A site map indicating all building structures, materials and waste storage areas, paved areas, areas of existing and potential erosion, storm drain inlets, and point(s) of discharge to a municipal storm water conveyance system or receiving waters. The site map shall include an estimate of the size of the facility and the facility's impervious area; 5. An employee training program, as defined in Subsection D of this Section, including -train 6. A description of any storm water monitoring program that is conducted on the site. A storm water pollution prevention plan prepared and implemented pursuant to any NPDES storm water permit shall meet the definition of a storm water pollution prevention plan for the purposes of this Chapter. "Structural BMP" means a BMP that relies on either a physical condition (other than an entirely natural and undisturbed condition) or on a constructed or installed device to reduce or prevent pollutants in storm water discharges and authorized nonstorm water discharges. "Structural post -construction BMP" means a structural BMP (other than a temporary construction -related BMP) put in place in connection with a land development or redevelopment project to prevent or reduce contamination in storm water or receiving waters or to prevent or reduce erosion downstream from the project. All treatment control BMPs are structural post - construction BMPs. "SUSMP Manual" means the city's Standard Urban Stormwater Mitigation Plan manual and described in Section 14.22.140 of this Chapter. "SWRCB" means the State Water Resources Control Board. "Surface waters plan" means the "California Inland Surface Waters Plan: Water Quality Control Plan for Inland Surface Waters of California" adopted by the State Water Resources Control Board, April 11, 1991, or the most current amendments thereto. "Treatment control BMP" means any engineered system designed and constructed to remove pollutants from urban runoff. Pollutant removal is achieved by simple gravity settling of particulate pollutants, filtration,. biological uptake, media absorption, or any other physical, biological, or chemical process. "Treatment control" has the same meaning. "Tributary town impaired water body" means a facility or activity is tributary to an impaired water body if urban runoff from that facility or activity enters: 1. The storm water conveyance system at a place and in a manner that will carry pollutants for which that water body is impaired in that discharge to the impaired water; 2. A flowing stream that will carry pollutants for which that water body is impaired in that discharge to the impaired water; or 3. An ephemeral stream that reaches the impaired water during storm events and that will carry pollutants for which that water body is impaired from the facility or activity to the impaired water body during such storm events. "Urban run-off' means all flows in a storm water conveyance system in the city other than point source discharges in violation of a site -specific NPDES permit. Urban run-off includes, but is not limited to, storm water, exempt nonstorm water discharges, and illicit discharges. 2010 Ordinance Storm Water Management and 9 Discharge Control 'Water main" means a potable or recycled water delivery line greater than or equal to four inches in diameter. "Watercourse" means any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, arroyo, or wash in which waters flow in a definite direction or course, either continuously or intermittently, and which has a definite channel and a bed or banks. A channel is not limited to land covered by minimal or ordinary flow but also includes land covered during times of high water. Watercourse does not include any surface drainage prior to its collection in a stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, arroyo, or wash. "Water quality standards" are defined as the beneficial uses (e.g., swimming, fishing, municipal drinking water supply, etc.) of water and the water quality objectives adopted by the State or United States Environmental Protection Agency to protect those uses. "Waters of the United States" means water subject to the regulatory jurisdiction of the -United-States under the Federal Clean Water Act and applicable ease law. (In general; this includes "navigable" waters, waters tributary to "navigable" waters, and adjacent wetlands). 14.22.040 General provisions. A. Responsibility for Administration. This Chapter shall be administered for the City by its authorized enforcement officials. B. Construction and Application. This Chapter shall be interpreted to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations and NPDES Permit No. CAS108758 and any amendments, revision, or reissuance thereof, and SUSMP. This Chapter is not intended to interfere with, abrogate or annul any other chapter, rule or regulation, statute, or other provision of law. The requirements of this Chapter should be considered minimum requirements, and where any provision of this Chapter imposes restrictions different from those imposed by any other chapter, rule, or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall take precedence. Storm water and nonstorm water discharges regulated under a valid facility -specific NPDES permit or facility -specific RWQCB waste discharge requirements permit are not subject to this Chapter, but shall instead be regulated exclusively by the RWQCB. C. Recycled Water. This Chapter is not intended to prohibit or prevent the use of recycled water or the discharge of recycled water after use. This Chapter is intended to require the use of BMPs for such uses and discharges as necessary to protect human health and the environment. D. Severability and Validity. If any section of this Chapter is declared invalid by a court of law, the remaining sections shall remain valid. E. City Permits and Approvals. 1. An application for any of the following discretionary permits or approvals shall be accompanied by plans demonstrating how the requirements of this Chapter will be met, and the permit or approval shall not be approved unless the decision maker determines that the application complies with the requirements of this Chapter: a. Conditional use permit (including modification or time extension). b. Coastal development permit. c. Parcel map (and modifications). d. Reclamation plan. e. Planned development permits. f. Planned unit development permits. g. Planning commission approval of plans. h. Site plan review. 2010 Ordinance Storm Water Management and 10 Discharge Control Tentative map (and amendments to conditions of approval or time extension). j. Tentative parcel map. k. Variance. 2. An application for any of the following ministerial permits or approvals shall be accompanied by plans demonstrating how the specifically applicable requirements, if any, set out in corresponding sections of the SUSMP Manual and the BMP Manual will be met, and the permit or approval shall not be approved unless the decision maker determines that the application complies with those requirements: a. Administrative clearing permit. b. Lot line adjustment. c. Final map modification. d. Grading plan (including modification or renewal). e. Improvement plan (including modification). f. Landscape plan. g. Building permit. h. Construction right-of-way permit. Encroachment permit. j. Excavation permit. k. On -site wastewater system permit. Underground tank permit. m. Well permit. F. Guidance Documents. Any authorized enforcement official may prepare, disseminate, and maintain guidance documents addressing the use of pollution prevention practices and BMPs for specific activities or facilities, illicit connections, and illegal disposal. These guidance documents may set out additional compliance alternatives that, in specified circumstances, can provide the same environmental protection that is afforded by the BMPs required by this Chapter. These guidance documents may also identify practices that have been determined by the authorized enforcement official to be additional BMPs that may be implemented for land disturbance activity and land development activity to prevent or control pollution to the MEP. Authorized enforcement officials may also take these guidance documents into account when determining whether any practices used by a discharger or proposed in a grading plan, a storm water pollution prevention plan (SWPPP), an enforcement settlement offer, or any other submittal to the city, are BMPs that will prevent or control pollution to the MEP. These case - specific discretionary decisions may involve circumstances that were not anticipated when general guidance documents were prepared. Therefore, these guidance documents do not confer rights on dischargers in these circumstances, and do not constrain the discretion of authorized enforcement officials. Where appropriate, and provided the same protection is provided to the environment, authorized enforcement officials may depart from these guidance documents when making case -specific decisions authorized by this Chapter. 14.22.090 Best management practice requirements and general requirements applicable to all discharges. A. Applicable Requirements. All dischargers in the city must comply with the generally applicable prohibitions and requirements in Sections 14.22.010 through 14.22.080 of this Chapter, and must also comply with any other parts of this Chapter (including relevant parts of the BMP Manual and the SUSMP Manual) that are applicable to the type of facility or activity owned or operated by that discharger. B. Minimum BMPs for All Dischargers. All dischargers in the city must install, implement, and maintain at least the following minimum BMPs: 2010 Ordinance Storm Water Management and 11 Discharge Control 1. Eroded Soils. Prior to the rainy season, dischargers must remove or secure any significant accumulations of eroded soils from slopes previously disturbed by clearing or grading, if those eroded soils could otherwise enter the storm water conveyance system or receiving waters during the rainy season. 2. Pollution Prevention. Dischargers employing ten or more persons on a full-time basis shall implement those storm water pollution prevention practices that are generally recognized in that discharger's industry or business as being effective and economically advantageous. 3. Prevention of Illegal Discharges. Illicit connections must be eliminated (even if the connection was established pursuant to a valid permit and was legal at the time it was constructed) and illegal discharge practices eliminated. 4. Slopes. Completed slopes that are more than five feet in height, more than two hundred fifty square feet in total area, and more than a three -to -one run -to -rise ratio in grade that have been disturbed at any time by clearing, grading, or landscaping shall be protected from erosion prior to the first rainy season following completion of the slope and continuously thereafter. 5. Storage of Materials and Wastes. All materials and wastes with the potential to pollute urban runoff shall be stored in a manner that either prevents contact with rainfall and storm water or contains contaminated runoff for treatment and disposal. 6. Use of Materials. All materials with the potential to pollute urban runoff (including, but not limited to, cleaning and maintenance products used outdoors, fertilizers, pesticides, and herbicides, etc.) shall be used in accordance with label directions. No such product may be disposed of or rinsed into receiving waters or the storm water conveyance system. C. Inspection, Maintenance, Repair, and Upgrading of BMPs. BMPs at manned facilities must be inspected by the discharger before and following predicted rain events. BMPs at unmanned facilities must be inspected by the discharger at least once during the rainy season, and at least once between each rainy season. These BMPs must be maintained so that they continue to function as designed. BMPs that fail must be repaired as soon as it is safe to do so. If the failure of a BMP indicates that the BMPs in use are inappropriate or inadequate to the circumstances, the BMPs must be modified or upgraded to prevent any further failure in the same or similar circumstances. D. Storm Water Pollution Prevention Plan. An authorized enforcement official may require a commercial, industrial, or land disturbance activity discharger to prepare and submit an SWPPP for approval by that official if: 1. The discharger does not come into compliance with this Chapter after one or more warnings (or other enforcement action) that BMPs are inadequate or are not being adequately maintained; or 2. The facility or activity at issue is a significant source of contaminants to receiving waters despite compliance with this Chapter. Any discharger required to submit and to obtain approval of an SWPPP shall install, implement, and maintain the BMPs specified in the approved SWPPP. The SWPPP shall identify the BMPs that will be used by the discharger to prevent or control pollution of storm water to the MEP. If the facility is an industrial facility, the SWPPP submitted to the city shall at a minimum meet the requirements of the State NPDES general industrial storm water permit. If the activity at issue is a construction or land disturbance activity, the SWPPP submitted to the city shall at a minimum meet the requirements of the State NPDES General Construction Storm Water Permit. If a facility required to submit an SWPPP to the city discharges nonstorm water to groundwater, the facility shall obtain a RWQCB permit as required by the State Water Code and shall describe the requirements of that permit in the SWPPP. 2010 Ordinance Storm Water Management and 12 Discharge Control Whenever submission of an SWPPP is required pursuant to this Chapter, an authorized enforcement official may take existing city BMPs into account when determining whether the practices proposed in the SWPPP are BMPs that will prevent or control pollution to the required level of MEP. E. Notification of Spills, Releases and Illegal Discharges. Spills, releases, and illegal discharges of pollutants to receiving waters or to the storm water conveyance system shall be reported by the discharger as required by all applicable State and federal laws. In addition, any such spills, releases, and illegal discharges with the potential to endanger health, safety, or the environment shall be reported to the directors within twenty-four hours of discovery of the spill, release, or discharge. If safe to do so, necessary actions shall be taken to contain and minimize the spill, release, or illegal discharge. F. Sampling, Testing, Monitoring, and Reporting. Commercial, industrial, or land disturbance activity dischargers shall perform the sampling, testing, monitoring, and reporting required by this Chapter. In addition, an authorized enforcement official may order a discharger to conduct testing or monitoring, and to report the results to the city if: (1) the authorized enforcement official determines that testing or monitoring is needed to determine whether BMPs are effectively preventing or reducing pollution in storm water to the MEP or to determine whether the facility is a significant source of contaminants to receiving waters; or (2) the authorized enforcement official determines that testing or monitoring is needed to assess the impacts of an illegal discharge on health, safety, or the environment; or (3) an illegal discharge has not been eliminated after written notice by an authorized enforcement official; or (4) repeated violations have been documented by written notices from authorized enforcement officials; or (5) the RWQCB requires the city to provide any information related to the discharger's activities. Testing and monitoring ordered pursuant to this Subsection may include the following: 1. Visual monitoring of dry weather flows, wet weather erosion, and/or BMPs; 2. Visual monitoring of premises for spills or discharges; 3. Laboratory analyses of storm water or nonstorm water discharges for pollutants; 4. Background or baseline monitoring or analysis; and 5. Monitoring of receiving waters or sediments that may be affected by pollutant discharges by the discharger (or by a group of dischargers including the discharger). The authorized enforcement official may direct the manner in which the results of required testing and monitoring are reported and may determine when required sampling, testing, or monitoring may be discontinued. G. Mitigation. All illegal discharges must be mitigated within a reasonable period of time to correct or compensate for all damage to the environment caused by the illegal discharge. The authorized enforcement official shall determine whether mitigation measures proposed or completed by the discharger meet this standard. The authorized enforcement official shall require the discharger to submit a mitigation plan and schedule by a specified date prior to taking action, and to submit a summary of completed mitigation by a specified date. 14.22.110 Additional minimum best management practice requirements for commercial activities and facilities. A. Application of Requirements. All regulated commercial dischargers must install, implement, and maintain at least the additional minimum BMPs, if any, specified in this Section or in the BMP Manual for the category of activity or facility owned or operated by that discharger, as applicable. All regulated commercial dischargers shall review their facilities, activities, operations, and procedures at least annually to detect and eliminate illicit connections 2010 Ordinance Storm Water Management and 13 Discharge Control and illegal discharges. Corrective training shall be provided as needed (and documented in training records) whenever an illegal disposal practice is discovered. B. Regulated Commercial Dischargers Identified. As required by NPDES Permit No. CAS0108758, facilities in the city having one or more of the following characteristics are regulated commercial facilities: 1. The facility is a regulated commercial discharger if it is engaged in one or more of the following commercial activities: a. Airplane mechanical repair, maintenance, fueling, or cleaning; b. Motor vehicle (or other vehicle) parking lots and storage facilities; c. Motor vehicle and other vehicle body repair or painting; d. Motor vehicle mechanical repair, maintenance, fueling, or cleaning; e. Boat mechanical repair, maintenance, fueling, or cleaning; f. Botanical or zoological gardens and exhibits; g. Cement mixing or cutting; h. Cemeteries; Eating or drinking establishments, including food markets; j. Equipment repair, maintenance, fueling, or cleaning; k. Golf courses, parks and other recreational areas/facilities; Landscaping; m. Marinas; n. Masonry; o. Mobile motor vehicle or other vehicle washing; p. Mobile carpet, drape, or furniture cleaning; q. Nurseries and greenhouses; r. Painting and coating; s. Pest control services; t. Pool and fountain cleaning; u. Portable sanitary services; v. Retail or wholesale fueling; w. Building material retailers and storage; x. Animal facilities; y. Power washing services. 2. All other commercial dischargers not mentioned in Section 14.22.110(B)(1), tributary to a CWA Section 303(d) impaired water body segment for which the city has determined the facility or activity generates pollutants for which the water body segment is impaired. 3. Commercial dischargers discharging directly to receiving waters within ESAs. 4. All other commercial dischargers that the city determines may contribute a significant pollutant load to the storm water conveyance system. C. Additional Minimum BMPs for All Regulated Commercial Dischargers. All regulated commercial dischargers shall install, implement, and maintain the BMPs specified in the BMP Manual the following areas, as applicable: 1. Employee training; 2. Storm drain tileage and signing; 3. Annual review of facilities and activities; 4. Pollution prevention; and 5. Good housekeeping. 2010 Ordinance Storm Water Management and 14 Discharge Control D. Additional Minimum BMPs for Specific Activities Conducted by Regulated Commercial Dischargers. Regulated commercial dischargers shall install, implement, and maintain the BMPs specified in the BMP Manual for all locations, if any, where any of the following activities are conducted: 1. Vehicle and equipment operations; 2. Materials and waste management (including tanks); and 3. Outdoor work and storage functions. E. Additional Minimum BMPs for Specific Types of Regulated Commercial Facilities and Activities. Regulated commercial dischargers, including but not limited to the types of facilities and activities listed below, shall install, implement, and maintain the BMPs specified in the BMP Manual for each such type of facility or activity. BMPs must be installed, implemented, and maintained for all applicable specific facility or activity types regardless of whether that activity is the primary activity of the regulated commercial discharger. 1. Automobile, other vehicle, or equipment repair, maintenance, fueling, or cleaning; parks; 2. Boat repair, maintenance, fueling, or cleaning, including marinas; 3 Automobile or other vehicle body repair or painting; 4. Automobile or other vehicle parking and storage; 5. Painting and coating; 6. Eating and drinking establishments, including food markets; 7. Parking lots and storage facilities; 8. Cement mixing and cutting and masonry; 9. Mobile carpet, drape, and furniture cleaning; 10. Pool and fountain cleaning; 11. Portable sanitary servicing; 12. Mobile vehicle washing; 13 Pest control; 14. Landscaping, including cemeteries, botanical gardens, golf courses, and 15. Nurseries and greenhouses; 16. Building materials retailers and storage; 17. Animal facilities, including zoological gardens; and 18. Power washing. F. Additional Controls. Where necessary to prevent discharges from causing or contributing to violations of water quality standards, the city may require the implementation of additional controls for commercial dischargers tributary to CWA Section 303(d) listed water body segments where the facility or activity generates pollutants for which the water body segment is impaired or for commercial dischargers within or directly adjacent to or discharging directly to receiving waters within ESAs. Additional controls may include, but are not limited to implementation of BMPs more stringent than the applicable minimum BMPs in this Chapter and preparing an SWPPP or conducting monitoring as provided in Section 14.22.090 of this Code. 14.22.120 Additional minimum best management practice requirements for industrial activities and facilities. A. Application of Requirements. All regulated industrial dischargers must install, implement, and maintain at least the applicable additional minimum BMPs, if any, specified in this Section or in the BMP Manual for the category of activity or facility owned or operated by that discharger. All regulated industrial dischargers shall review their facilities, activities, operations, and procedures at least annually to detect and eliminate illicit connections and 2010 Ordinance Storm Water Management and 15 Discharge Control illegal discharges. Corrective training shall be provided as needed (and documented in training records) whenever an illegal disposal practice is discovered. B. Regulated Industrial Dischargers Identified. Dischargers that meet one or more of the criteria listed below are regulated industrial dischargers: 1. The facility is an industrial discharger, as defined in 40 CFR Section 122.26(b)(14), including those subject to the State industrial general storm water permit or other individual NPDES permit. 2. The facility is an operating and/or closed landfill. 3. The facility is subject to Section 313 of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA). 4. The facility is a hazardous waste treatment, disposal, storage, and/or recovery facility. 5. The facility is an industrial discharger tributary to a CWA Section 303(d) listed water body, and the facility generates a pollutant for which that water body is impaired. 6. The facility is a regulated industrial facility, and is located within or directly adjacent to (i.e., within two hundred feet) or discharges directly to a coastal lagoon or a receiving water body within an ESA. C. Regulated industrial facilities must meet the applicable requirements set out in Sections 14.22.040 through 14.22.090 for all discharges, the applicable requirements set out in Section 14.22.110 for regulated commercial facilities, any applicable requirements in Section 14.22.140, and the following practices: 1. Pollution Prevention Practices. Regulated industrial facilities shall consider and, where determined to be appropriate by the facility, shall implement the following measures to prevent the pollution of storm water and runoff: a. The use of smaller quantities of toxic materials or substitution of less toxic materials; b. Changes to production processes to reduce waste; c. Decreases in waste water flows; d. Recycling of wastes as part of the production process; e. Segregation of wastes; and f. Treatment of wastes on site to decrease volume and/or toxicity. 2. Nonstructural BMPs. Regulated industrial facilities shall incorporate into the SWPPP, and install, implement and maintain the following nonstructural BMPs. The implementation of these practices shall be consistent with specifications, if any, contained in the BMP Manual. a. BMPs for material handling and storage of significant materials; b. BMPs for nonhazardous waste handling and recycling; c. Preventive maintenance practices; d. Self -inspection and quality assurance practices; and e. Spill response planning. 3. BMPs for Specific Activities. Regulated industrial facilities shall install, implement and maintain BMPs as specified in the BMP Manual for any commercial activities conducted at the facility (as identified in Section 14.22.110) and for areas at the facility where industrial activities are conducted. Industrial activities include, but are not limited to the following: process; a. Raw or processed materials bulk storage; b. Mixing, where there is the potential for release of a pollutant; c. Cutting, trimming, or grinding in connection with a production d Casting, forging, or forming; e. Hazardous materials storage (including tanks); 2010 Ordinance Storm Water Management and 16 Discharge Control f. Pesticide or other chemical products formulation or packaging; g. Process water pre-treatment; h. Solid waste storage; Waste water treatment; j. Welding; k. Blasting; Chemical treatment; and m. Loading and unloading significant materials. 4. Additional Structural BMPs. Regulated industrial facilities shall install, implement, and maintain one or more of the additional structural BMPs listed below where practicable, if use of such BMPs would significantly reduce pollution in run-off from the facility. The discharger shall determine in the first instance which of these BMPs to implement. However, an authorized enforcement official can order that additional BMPs be used at a particular facility. a. Overhead coverage of outdoor work areas or chemical storage; b. Retention ponds, basins, or other impoundments that confine storm water to the site; c. Berms and concrete swales or channels that divert run-on and runoff away from contact with pollutant sources; and d. Treatment controls to reduce pollutants in storm water or authorized nonstorm water discharges. The design of proposed treatment controls must be approved by the city engineer prior to implementation. Maintenance of treatment controls shall be the responsibility of the property owner. D. Additional Requirements for Regulated Industrial Dischargers Subject to the State Industrial General Storm Water Permit. 1. Notice of Intent. Industrial dischargers required to comply with the State Industrial General Storm Water Permit shall maintain on site, and make available for inspection on request by the city, the state -issued waste discharge identification number (WDID) for the facility, and a copy of the notice of intent (NOI) filed with the SWRCB pursuant to that permit. The discharger shall submit the WDID and a copy of that NOI to the city by mail if directed to do so by an authorized enforcement official. Regulated industrial dischargers which are potentially subject to the State Industrial General Storm Water Permit that have determined they do not require coverage under that permit must prepare and retain on site, and make available for inspection, a written report documenting and explaining that determination. 2. Storm Water Pollution Prevention Plan. Dischargers required to prepare an SWPPP under the State General Industrial Storm Water Permit must prepare the plan, implement the plan, and maintain it at the site readily available for review. Failure to comply with an applicable State -required SWPPP is a violation of this Chapter. E. Additional Controls. Where necessary to prevent discharges from causing or contributing to violations of water quality standards, the city may require the implementation of additional controls for industrial dischargers tributary to CWA Section 303(d) listed water body segments where the facility or activity generates pollutants for which the water body segment is impaired or for commercial dischargers within or directly adjacent to or discharging directly to receiving waters within ESAs. Additional controls may include, but are not limited to implementation of BMPs more stringent than the applicable minimum BMPs in this Chapter, and preparing an SWPPP or conducting monitoring as provided in Section 14.22.090 of this Code. 14.22.130 Additional minimum best management practice requirements for municipal activities and facilities. Municipal facilities must meet the requirements set out in Sections 14.22.010 through 14.22.090 and, where applicable, Sections 14.22.150 and 14.22.160 of this Chapter. in addition, these facilities and activities must install, implement, and maintain at least 2010 Ordinance Storm Water Management and 17 Discharge Control the additional minimum BMPs, if any, specified in Section 14.22.120 or in the BMP Manual, for industrial areas and activities at the municipal facility. 14.22.140 Manuals. A. Effect of Manuals. All dischargers who are required by this Chapter to install, implement, and maintain BMPs shall ensure that their selection of BMPs is consistent with the applicable specifications, if any, contained in the BMP Manual and the SUSMP Manual, for the category and priority of activity or facility owned or operated by that discharger. All BMPs installed, implemented, or maintained to meet the requirements of this Chapter must conform to the applicable specifications, if any, set out in these manuals. B. Existing Facilities. The BMP Manual sets out minimum BMPs and other objective specifications for specific types and categories of existing facilities and activities. Where minimum BMPs and objective specification are specified, they are mandatory. Where no minimum BMPs have been specified in the BMP Manual for a type and category of facility or activity, only the requirements set out in this Chapter are applicable. C. Land Development Projects. The BMP Manual sets out minimum BMPs and other objective specifications for all construction phase activities. The SUSMP Manual sets out minimum BMPs, design criteria, and other objective specifications for project design and planning with respect to the post -development condition of priority development projects. D. Conflicting or More Detailed Requirements. In case of any conflict between any applicable minimum BMPs specified in this Chapter, and any applicable requirements described in more detail for a particular type of facility or activity in the BMP Manual or the SUSMP Manual, the requirement in the BMP Manual or the SUSMP Manual shall prevail. 14.22.150 Additional requirements for land disturbance activity. A. Permit Issuance. No land owner or development project proponent shall receive any city grading, clearing, building, or other land development permit required for land disturbance activity without first meeting the requirements of this Chapter with respect to the portion of the development project and the land disturbance activity to which the permit at issue would apply. B. Owners and Operators Both Responsible and Liable. Persons or entities performing land disturbance activity (including but not limited to construction activities) in the city, and the owners of land on which land disturbance activity is performed, are dischargers for purposes of this Chapter, provided however, that a local government or public authority is not a discharger as to activities conducted by others in public rights -of -way. C. Storm Water Management Plan. All applications to the city for a permit or approval associated with a land disturbance activity must be accompanied by a storm water management plan on a form or in a format specified by the city. The storm water management plan shall specify the manner in which the discharger/applicant will implement the BMPs required by this Chapter for the activity at issue, including but not limited to the applicable BMPs required by Subsection D below. D. Additional Minimum BMPs for Land Disturbance Activity. Whether a city permit or approval is required or not, and whether a storm water management plan is required to be submitted or not, all dischargers engaged in land disturbance activity shall implement BMPs as detailed in the BMP Manual in the following additional areas, if applicable to the project: 1. Erosion control on slopes; 2. Erosion control on flat areas; or BMPs to desilt runoff from flat areas; 3. Runoff velocity reduction; 4. Sediment control; 5. Off -site sediment tracking control; 6. Materials management; 2010 Ordinance Storm Water Management and 18 Discharge Control 7. Waste management; 8 Vehicle and equipment management; 9. Water conservation; 10. Structure construction and painting; 11. Paving operations; 12. Dewatering operations; 13. Planned construction operations; 14. Downstream erosion control; 15. Prevention of nonstorm water discharges; 16. Protection of ground water. E. Control to the MEP. All dischargers engaged in land disturbance activity must install, implement, and maintain those additional BMPs, if any, that are needed to prevent or reduce pollutant discharges in storm water from land disturbance to the MEP. F. Notice of Intent. Dischargers required to comply with the State Construction General Storm Water Permit shall maintain on site, and make available for inspection on request by the city, any State -issued waste discharge identification number (WDID) for the site and a copy of the notice of intent (NOI) filed with the SWRCB pursuant to that permit. G. Storm Water Pollution Prevention Plan. Dischargers required to prepare an SWPPP under the State General Construction Storm Water Permit must prepare the plan, implement the plan, and maintain it at the site readily available for review. Failure to comply with an applicable State -required SWPPP is a violation of this Chapter. H. Facility Monitoring. Dischargers required to conduct monitoring under the State Construction General Storm Water Permit must conduct such monitoring in conformance with requirements specified by the State, retain records of such monitoring on site, and make such records available for inspection by an authorized enforcement official. {. Additional Controls. Where necessary to prevent discharges from causing or contributing to violations of water quality standards, the city may require the implementation of additional controls for dischargers engaged in land disturbance activity tributary to CWA Section 303(d) listed water body segments where the land disturbance area or activity generates pollutants for which the water body segment is impaired or for dischargers engaged in land disturbance activity within or directly adjacent to or discharging directly to receiving waters within ESAs. Additional controls may include, but are not limited to implementation of BMPs more stringent than the applicable minimum BMPs listed in this Chapter. 14.22.160 Additional planning, design, and post -construction requirements for Development Projects. A. Application to Development Projects. No land owner or development project proponent in the city shall receive any city permit or approval listed in Section 14.22.040(F) of this Chapter for land development activity or redevelopment activity unless the project meets or will meet the requirements of this Chapter. Post -construction BMP requirements imposed by this Section and by the SUSMP Manual shall not apply to those physical aspects of the project that have been completed or substantially completed pursuant to and as required by a valid city permit or approval at the time a complete application for a subsequent permit or approval is submitted. B. Owners and Developers Responsible and Liable. Developers, development project proponents, and land owners for land on which land development activity is performed are dischargers for purposes of this Chapter; provided, however that a local government or public authority is not a discharger as to activities conducted by others in public rights -of -way. C. Post -Construction BMPs Required. Development projects with the potential to add pollutants to storm water or to affect the flow rate or velocity of storm water runoff after construction is completed, shall be designed to include and shall implement all of the following 2010 Ordinance Storm Water Management and 19 Discharge Control post -construction BMPs to ensure that pollutants and runoff from the development will be reduced to the MEP, and will not significantly degrade receiving water quality. 1. Source control BMPs. Source control BMPs include storm drain system stenciling and posting of signs; posting of signs or other form of notification at storm drain inlets and access points to creeks and channels discouraging illegal dumping and stating the receiving water by name; properly designed outdoor material storage areas; properly designed trash storage areas; and implementation of efficient irrigation systems. 2. Low Impact Development (LID) BMPs. LID BMPs shall maximize infiltration, provide retention, slow run-off, minimize impervious footprint and constructed widths, and direct run-off from impervious areas into landscaping. 3. Buffer zones. A project shall be designed to include a buffer zone for natural water bodies. Where buffer zones are not feasible, other equally serving methods may be implemented, such as trees or access restrictions. 4. Construction BMPs. Implement land disturbance BMPs described in this Chapter. 5. Submittal of proof of a mechanism under which ongoing long-term maintenance of all structural post -construction BMPs will be conducted. 6. Additional BMPs as necessary to ensure that pollutants and runoff from the development project do not cause or contribute to an exceedance of a receiving water quality objective. D. Additional Post -Construction BMP Requirements for Priority Development Projects. Priority development projects are subject to additional requirements as described in SUSMP Manual. E. Post -Construction Storm Water Management Plan. All applications to the city for a permit or approval associated with a land development or redevelopment activity must be accompanied by a post -construction storm water management plan on a form or in a format specified by the city. The plan shall specify the manner in which the discharger/applicant will implement the post -construction BMPs required by this Chapter. The plan must address those aspects of the project that, at the time a complete application is submitted, are subject to further environmental review pursuant to Section 15162 of the California Environmental Quality Act. Post -construction BMPs for other aspects of the project need not be addressed in this plan. F. Storm Water Management Plan Review Fee and Deposit. Fees for storm water management plan review and deposit thereof shall be adopted by resolution. 14.22.170 Maintenance of BMPs. A. Existing Development. Residential, commercial, industrial, agricultural, and municipal dischargers shall maintain the BMPs they rely upon to achieve and maintain compliance with this Chapter. B. New Development and Redevelopment. The owners and occupants of lands on which structural post -construction BMPs have been installed to meet the requirements of this Chapter shall ensure the maintenance of those BMPs, and shall maintain those BMPs by contract or covenant or pursuant to this Chapter. The owners of lands on which BMPs have been installed to meet the requirements of this Chapter and applicable SUSMP requirements are responsible for maintenance of those BMPs, shall enter into a BMP maintenance agreement contract or equivalent agreement with the city, and shall provide annual verification that appropriate maintenance is conducted for all treatment control BMPs. C. Maintenance Obligations. Primary responsibility to maintain a BMP may be transferred through a contract or other agreement. If that contract provides that it will be submitted to the city pursuant to this Chapter as part of a development permit application, and if that contract is so submitted, the person or entity accepting a maintenance obligation in such a contract or agreement will also be legally obliged to maintain that BMP pursuant to this Chapter. 2010 Ordinance Storm Water Management and 20 Discharge Control D. Obligation to Maintain BMPs Not Avoided by Contracts or Other Agreements. For purposes of city enforcement, no contract or other agreement imposing an obligation to maintain a BMP can relieve a person or entity of any obligation to maintain a BMP imposed by this Chapter. E. Disclosure of Maintenance Obligations. Any developer who transfers ownership of land on which a BMP is located or will be located or who otherwise transfers ownership of a BMP or responsibility for the maintenance of a BMP to another person or entity, shall provide clear written notice of the maintenance obligations associated with that BMP to the new or additional responsible party prior to that transfer, and shall record that obligation so that the BMP will run with the land. F. Maintenance Plans for Development Projects. The proponents of any land development project or significant redevelopment project that requires a discretionary city permit shall provide to the city for review and approval prior to issuance of such permit, a plan for maintenance of all post -construction structural BMPs associated with the project. The plan shall specify the persons or entities responsible for maintenance activity, the persons or entities responsible for funding, schedules and procedures for inspection and maintenance of the BMPs, worker training requirements, and any other activities necessary to ensure BMP maintenance. The plan shall provide for servicing of all post -construction structural BMPs at least annually, and for the retention of inspection and maintenance records for at least three years. G. Access Easement/Agreement. The proponents of any land development project or significant redevelopment project that requires a discretionary city permit shall agree to a condition of approval that provides the city access for inspection and maintenance of BMPs or, at the discretion of the city, shall provide to the city for review and approval prior to issuance of such permit an executed, permanent easement onto the land on which post -construction structural BMPs will be located (and across other lands as necessary for access), to allow inspection and/or maintenance of those BMPs. H. Security for Maintenance for Land Development Projects. If it is determined by the authorized enforcement official that the public interest requires the posting of bond or other security to assure the maintenance of a BMP, such bond or security may be required by the authorized enforcement official. PASSED and ADOPTED this day of , 2010. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor 2010 Ordinance Storm Water Management and 21 Discharge Control City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE5 February 2, 2010 AGENDA ITEM NO. 10 (ITEM TITLE Resolution in Support of the Local Taxpayer, Public Safety, and Transportatio-- Protection Act of 2010 PREPARED BY DEPARTMENT Leslie Deese, ACM (619/336-4242) EXPLANATION City Manager Please see attached Staff Report. A presentation by Catherine Hill, Regional Public Affairs Manager, League of California Cities regarding the protection of local government revenues is also scheduled for the February 2nd City Council meeting. Environmental Review ✓ N/A Financial Statement The cumulative loss to National City from State takeaway's which includes ERAF and redevelopment over the last three years is approximately $7.3 million dollars. That number will increase in subsequent years if the State continues to take revenues dedicated by law to funding vital local government services and trans- portation improvement projects. Account No. STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Staff Report 2. Resolution Resolution No. A-200 (9/80) BACKGROUND: The purpose of this report is to ask the City Council to approve a resolution of support for the Local Taxpayer, Public Safety and Transportation Protection Act of 2010. If passed by the vot- ers, this measure will prohibit the State from shifting, taking, borrowing, or restricting the use of tax revenues dedicated by law to fund local government services, community redevelopment projects, or transportation projects and services. It will prohibit the State from delaying the dis- tribution of tax revenues for these purposes even when the Governor deems it necessary due to a severe State fiscal hardship. California voters have repeatedly passed measures to prevent the State from taking revenues dedicated to funding local government services and transportation improvement projects. In recent years, the State has seized and borrowed billions of dollars in local government and transportation funds which have led to severe consequences for many cities and agencies such as layoffs of police, fire and paramedic first responders, stalled economic development, healthcare cutbacks, delays in road safety improvements, public transit fare increases and cut- backs in public transit services. DISCUSSION: The League of California Cities and the Californians to Protect Local Taxpayers and Vital Ser- vices support this bill. With the state continuing to raid and borrow local government, transit and transportation funds, this measure is needed to protect taxpayers and the vital local gov- ernment and transportation services that support our quality of life and economy. The Local Taxpayer, Public Safety, and Transportation Act of 2010 would: • Prohibit the State from borrowing local government property tax funds which are vital for public safety and other local services. • Prohibit the State from borrowing or taking gasoline taxes which are dedicated to trans- portation and transit improvements and services, including the State sales tax on gaso- line (Prop 42 funds), and the Highway User Tax on gasoline (HUTA). • Prevent the taking of locally levied taxes, including parcel taxes, sales taxes, and other locally imposed taxes that are currently dedicated to cities, counties and special dis- tricts. • Prohibit the State from taking, borrowing or redirecting existing funding for public transit, including existing taxes on gas and "spillover" funds dedicated to the Public Transporta- tion Account. • Add additional constitutional protections to prevent the State from raiding redevelopment funds or shifting redevelopment funds to other State purposes. This measure would also: Protect local taxpayers by keeping more of our local tax dollars local where there's more ac- countability to voters, and by ensuring once and for all that our gas taxes go to fund road im- provements. The measure also reduces pressure for local tax and fee increases that become necessary when the State redirects local funds. Reforms State government and enhances fiscal accountability. This measure is a key step in reforming California's broken budget system by restoring more local control and accountabil- ity. It also stops the irresponsible practice of the State borrowing special funds that have to be repaid with interest, which only puts our State further in debt. CONCLUSION: Over one million signatures will need to be collected by April 15, 2010 to ensure the measure meets the required 694,354 valid signatures needed to qualify for the November 2010 State- wide ballot. In order to be successful, support is needed from city officials, community leaders and the public. While public officials may not campaign on public time or use public resources, they may cam- paign on personal time and using a personal computer and email address. Additional informa- tion regarding the campaign can be found at www.savelocalservices.com. STAFF RECOMMENDATION: Staff recommends that the City Council approve the Resolution. City Council support for the measure is in alignment with the City's Legislative and Judicial Platform, Item 1 —Fiscal Sustainability/Home Rule. RESOLUTION NO. 2010 — 16 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY IN SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY, AND TRANSPORTATION PROTECTION ACT OF 2010 WHEREAS, California voters have repeatedly and overwhelmingly passed separate ballot measures to stop State raids of local government funds, and to dedicate the taxes on gasoline to fund local and State transportation improvement projects; and WHEREAS, these local government funds are critical to provide the police and fire, emergency response, parks, libraries, and other vital local services that residents rely upon every -dayrand._gas_tax_funds_ are vitalto_maintain_and_ improve _local streets and _roads, __to make_ road safety improvements, relieve traffic congestion, and provide mass transit; and WHEREAS, despite the fact that voters have repeatedly passed measures to prevent the State from taking these revenues dedicated to funding local government services and transportation improvement projects, the State Legislature has seized and borrowed billions of dollars in local government and transportation funds in the past few years; and WHEREAS, this year's borrowing and raids of local government, redevelopment and transit funds, as well as previous, ongoing raids of local government and transportation funds have lead to severe consequences, such as layoffs of police, fire and paramedic first responders, fire station closures, stalled economic development, healthcare cutbacks, delays in road safety improvements, public transit fare increases, and cutbacks in public transit services; and WHEREAS, State politicians in Sacramento have continued to ignore the will of the voters, and current law provides no penalties when State politicians take or borrow these locally -dedicated funds; and WHEREAS, a coalition of local government, transportation, and transit advocates recently filed a constitutional amendment with the California Attorney General, called the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010, for potential placement on California's November 2010 Statewide ballot; and WHEREAS, approval of this ballot initiative would close loopholes and change the constitution to further prevent State politicians in Sacramento from seizing, diverting, shifting, borrowing, transferring, suspending, or otherwise taking or interfering with tax revenues dedicated to funding local government services, including redevelopment, or dedicated to transportation improvement projects and mass transit. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby formally endorses the Local Taxpayer, Public Safety and Transportation Protection Act of 2010, a proposed constitutional amendment. BE IT FURTHER RESOLVED that we hereby authorize the listing of the City of National City in support of the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010, and instruct staff to transmit a copy of this resolution to campaign offices supporting the measure. (Signature Page to Follow) Resolution No. 2010 — 16 Page 2 PASSED and ADOPTED this 2nd day of February, 2010. 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 IEETING DATE February 2, 2010 AGENDA ITEM NO. 11 ITEM TITLE Notice of Decision — Planning Commission Approval of a Variance to Allow a Reduced Lot Size of 2,675 Square Feet and a Reduced Side Yard for a Portion of the Side Yard for a Parcel within the Residential Single - Family 3 Planned Development Zone west of 922 E. 7ths Street. (Applicant: Gloria O'Donovan) (Case File 2009-21 Z) PREPARED BY Peggy Chapin, 336-4319DEPARTMENT Development Services/Planning Division EXPLANATION The project site is a 2,675 square foot parcel fronting on E. 7th Street with alley access at the rear of the site. The property is a vacant parcel situated within a primarily single-family residential neighborhood, although the adjacent residence to the east has been converted to three units and there are apartments located to the west. The applicant proposes to install a manufactured home on the narrow parcel (25' x 115). The parcel was created by a subdivision in 1889. A variance is necessary since the parcel is less than the minimum lot size of 5,000 square feet. All setbacks would he met except a minor encroachment of 3-feet into the side yard for installation of stairs leading to a side door. Construction of the residence would result in two parking spaces (one covered) with access from the alley. The residence would be similar in characteristics of other residences as it would embody architectural elements such as a front porch, simulated wood siding, double -hung windows and a 3:12 pitch roof. The Planning Commission conducted a hearing on January 11, 2010, at which time there was one neighbor who expressed concern related to parking and disrepair of the property on the adjacent parcel, also in ownership by the applicant. The applicant explained that repair on the existing residence is underway and the vehicles would be parked in appropriate parking spaces once the unit is constructed. T e Commission voted to approve the Variance based on required findings and subject to Conditions of Approval. Environmental Review x N/A Categorical Exemption, Class 5 Section 15305, Minor Alterations in Land Use Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATI Staff concurs of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / C a MISSION RECOMMENDATION The Planning Commission approved the Variance. Ayes: Alvarado, Baca, Farias, Flores, Pruitt Reynolds Nayes: DeLaPaz ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution No. 01-2010 I. 2. Location Map 3. Site Photos 4. Letter from Mr. Cothren 5. Project Plans dated 10/19/09 A-200 (9/99) RESOLUTION NO.01-2010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A VARIANCE TO ALLOW A REDUCED LOT SIZE OF 2,675 SQUARE FEET AND A REDUCED SIDE YARD SETBACK FOR A PORTION OF THE SIDE YARD FOR A PARCEL WITHIN THE RESIDENTIAL SINGLE-FAMILY 3 PLANNED DEVELOPMENT (RS-3 Pll) ZONE LOCATED BETWEEN 922 AND 926 E. 7TH STREET APPLICANT: GLORIA O'DONOVAN CASF. FILE NO. 2009-21 Z APN: 556-413-03 WHEREAS, the Planning Commission of the City of National City considered a Variance to all to allow reduced lot size of 2,675 square feet and a reduced side yard setback for a portion of the side yard for a parcel to allow construction of a manufactured residence at a vacant parcel located between 922 and 926 E. 7`f' Street advertised public hearings held on January 11, 2010, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2009-21 Z maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare_ NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on January 11, 2010, support the following findings: FINDINGS FOR APPROVAL OF TILE REQUESTED VARIANCE FOR REDUCED MINIMUM PARCEL SIZE ANT) SIDEYARD SETBACK The narrowness of the parcel restricts development of a single-family residence on the property in accordance with strict application of Title 18, Land Use Code depriving the property owner of the ability to develop the property with a single family residence. The requested Variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since nearby residences in the neighborhood have similar setbacks and the design includes 1 architectural elements similar to other Victorian and Craftsman residences in the surrounding structures. The Variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since a single-family residential development is a permitted use in the RS-3/PD zone. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide for construction of a single-family residence on a vacant, underutilized parcel which will improve the image and reduce the potential for storage of vehicles and debris on the vacant parcel. BE IT FURTHER RESOLVED that the application for Variance is approved subject to the following conditions: General This Conditional Use Permit authorizes construction of a manufactured single-family residence on a parcel less than the required 5,000 square feet. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2009-21 Z, dated 10/19/2009. 2. Before this Variance 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 Variance. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Division prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire lithe use authorized by this resolution is discontinued for a period of 12 months or longer. The permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 2 Building Division 5. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, California Fire Code and California Title 24 energy and handicapped regulations. Fire Department 6. Project shall be built to applicable codes. 7. The National City Fire Department utilizes all current codes and ordinances. Currently, the 2007 editions of NFPA and the CFC are being utilized. 8. Approved fire apparatus access roads shall be provided for every facility, building or portion of the building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. 9. Manufactured home shall comply with NFPA 1 3D. If the mantrfactured home has a pre - installed sprinkler system, the pre -installed sprinkler systems shall be designed, installed and inspected through plan submittal and permit directly to the National City Fire Department. Note: Additional corrections may be required based on information provided due to the above comments. Enginecring/Storrnwater Division 10. A drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with City requirements. 11. The 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 by Development Services Department 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. The SUSMP shall be prepared by a Registered Civil Engineer. 12. 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. 13_ The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to 3 prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns, shall be remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 14. Metallic identification tape shall be placed between the bottom layer of the finished surface and the top of all irrigation lines in the public right-of-way. 15. 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 he 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. 16_ A sewer permit will be/may 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. Separate Street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 18_ A soils engineering report shall be submitted for the Engineering Division's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class [I aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Division's requirements_ 19_ The existing street improvements along the propertyfrontage(s) shall be kept free from weed growth by the use of special weed killers, or other approved methods. 20. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 21 _ 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. 4 22. Street improvements shall be in accordance with the City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall he replaced with curb, gutter, and sidewalks. 25' X 13' alley section shall be constructed. 23. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 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 shall 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. Planning Division 25. Should the construction of sidewalk improvements necessitate removal of one or both of the street trees, the applicant shall install a minimum of one 15-gallon street tree selected from the City's street tree list contained in the National City Landscape Guidelines. 26. The applicant shall install a 6-foot high cedar fence along both property lines from the 20- foot front yard setback prior to issuance of a certificate of occupancy. The cedar fence shall be designed to enclose around the trash containers to ensure that the containers are not continually stored within the alley. 27_ The metal roof material for the carport shall be of similar color and at a 3:12 roof pitch as the class A composition roof for the manufactured home. 28. The applicant shall indicate on the building permit exterior colors and materials for review and approval consistent with the colored rendering approved with this permit. 29. A detailed landscape and underground irrigation plan, including plant species, methods of planting, street trees, shall be submitted for review and approval by the Planning Division. The landscape plan shall reflect the use of drought tolerant plant materials and methods and water conserving irrigation devices, as well as details for hardscape on -site, fencing along the side yard property lines, and a wood fence enclosure on the property to enclose two standard trash cans. Landscaping, irrigation, and a minimum 15-gallon street tree shall be provided within the parkway. 30. Within four (4) days of final approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the Planning Division. BE ET FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5.00 p.m_ on the day of that City Council meeting_ The City Council may, at that meeting, appeal the decision of the Planning Commission and set the tnatter for public hearing. 5 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of January 11, 2010, by the following vole: AYES: Farias, Alvarado, Baca, Pruitt, Reynolds, Flores NAYS: DeLaPaz ABSENT: ABSTAIN: 6 Subject Parcel — — — Zone Boundary I i )Feet 0 75 150 300 APN: 556-413-03 Planning Commission LoCatign Map 2009-21 Z 12.22.09 PHOTOS 2009-21 Z, E. 7`h Street (556-413-03) • • 8 Steven Cothren 1246 Lindsay Street Chula Vista Ca. 91913 December 29, 2009 National City Planning Commission Maryam Babaki Development Services Director 1243 National City Blvd National City, Ca 91950 BUILDING AND SAFETY OEPT RECEIVED JAN - G REC'D NATIONAL CITY, CALIF. Dear :National City Planning Commission I am a long-time property owner in National City, and I am writing to express my concern about the proposed variance being considered to allow construction of a single family home on a lot of less than 5,000 square feet which in this case would be a lot size of only 2,875 square feet. I have been the owner of the property next door to this half lot at 910 East 7t. Street since 1988 and have been less than pleased with the situation that currently exists with the adjacent property known as 922 East 7th street which is owned by the applicant. The improvement on this lot is an old house that has been converted to three units with no off street parking unless you consider the half lot as parking. The owner does not have any designated off street parking ever since the driveway was removed from the front of the property and replaced with a curb. I was shocked that the city would approve this change that removed parking for these units_ This work was approved with permits correct? All of her tenants park their cars including her own in the street and there is currently no street parking anywhere up and down the street, Drive by this street at night and you can see it for yourself. The only cars I have seen on the property are cars parked on the half lot (2) covered and not moving. The second issue I have is that currently, this lot is also where the trash cans are maintained for the 3 units. Approving another improvement on this property will add more refuse to the property_ All of the other multiple units in National City require enclosed trash receptacles. Has this been considered along with all the off street parking that is necessary for the 3 existing units and the proposal of another unit bringing the total to 4 units. Has there been any consideration to the extra traffic in the alley. Currently that property has a dilapidated barn? Leaving only the small entrance in the rear for entry into this half lot. The alley is dirt behind that property. When my property was built, the property had to be finished in concrete extending into the alley. Was this requirement also part of the proposal? I know that Cities are always looking for a way to boost revenue but this will just add more cars on the already overcrowded street and another reason for someone to say why did this happen? We know why these things happened years ago, there was no City Plan or a Planning Commission, but that has all changed. There is a plan and it says that the minimum lot required is 5,000 square feet. That rule was made for a reason and that was to not continue making the mistakes of the past. I hope that as leaders on this 9 [Recipient Name] December 29, 2009 Page 2 commission you can see that the only improvements that should he made to the property would be to support the existing structures that already exist with proper driveways, parking, trash enclosures and repairing the alley. Yes I think a dirt alley 1 block from 8`h. Street in the year 2010 should be addressed. Sincerely, Steve Cothren 10 cowiee ! v.g,' .ROPOSl011' A)5' CONCRE11 PANNO e5157010 U'gAveo A155� ERIE0ND.• r MGM WOOD PENCE CIROP0CED 31E56 LANd50 PPOPOCEO COI/PRIM SIOCWAEI _▪ .` EIIEII is 0 WDN WOOD PENCE /\\\ 117� PR007055 • I MEVAI CAPP7ST- IP/ ON CORN BLAB 1 1111'•'u' IP—.---- P001C3111 :. C OM CSEIE BARRING SPACE • r w —J J SITE la SAVE— _ `1 P11005/3E6 e10 Si 1155 510511 DR F00N0A710. u I 1 in! VICINITY MAP NO SCALE THOMAS BROS PAGE 1309, J.1 P0000810 Me6010710002 00080010 (0*0*0fl 610EWge j SITE PLAN ZoI ✓ a. E 61ilIrvO 00500U0 stye 118t - 511511542 W5IE145/E1E5/ NATIONAL CITY PLANNING DIV. EXHIBIT A CASE FILE NO. 2009-21 Z DATE: 11/10/2009 &NT 1R$t6 GWNER: GLORIA O'DONOVAN SITE AGGRESS: E ?TN ST NATIONAL CITY CA 81880 OWNER MAIUNG ADDRESS: 622 E TN ST NATIONAL CITY CA DIB50 OWNER PHONE; (810)474.1527 LEGAL DESCRIPTION. PORTION LOT 8, 1/4 SEC 131, MAP 815 ASSESSOR'S PARCEL NUMBER' 336413A3 wt SZZE: 2875 SF AREA OF SOIL DISTURBANCE; 2875 BF ZONE: RS-3 SETBACKS' FRONT YARD: 2O INTERIOR sloe TARO: 5. EXTERIOR SIDE YARD: S REAR YARD: g• PROJECT DATA: BUILDING USE: 9NGLE FAMILY DWEUJNG BUILDING HEIGHT: SINGLE STORY OCCUPANCY GROUP. GROUP R, OMSION 3 TYPE OF CONSTRUCTION: TYPE V, NON -RATED CURRENT CODE EDITIONS: 2007 CSC 2006 UPC 2000 UMC 2006 NEC 2306 IPC SCOPE OF WOR10I MANUFACTURED NONCE ON FOUNDATION: MANE FLEE WOOD MODEL CARRIAGE MANOR 0032C SIZE: 1E7 R SE'0' BEDROOMS: 3 SO FOOTAGE 660 SF SITE BUILT GARAGE: 228 SF WATER SOURCE MUNICIPAL WATER MYER DISPOSAL' MUNICIPAL SEWER GAS SOURCE $DOSE ELECTRIC SERVICE: 100 AMP OVERHEAD DEMOLITION: NONE ELAN PREPARATION' DRAWN BY: SAUCE SMITH CONTACTS: BRUCE 8 LOUISE SMITH PHONE: (6191149-4512 ADDRESS: :188 ALPINE OARS DR ALPINE. CA Sam MASONRY STEP., 3f32 NORTH ELEVATION 1 0 METAL CARPORT -. ROOF STEEL POST =MU IW1Mu 1 0'A• FO SOUTH ELEVATION 3/16 1 -0 METAL CARPORT ROOF 11f 1111[ll!III(IIIHNIIIIIIIIIII STEEL POST „.-CLASS A COMPOSITION ROOF EAST ELEVATION 3(32" 1 0 ICLA3S A COMPOSITION ROOF a�4 �1111 �fls 4111111111. 1uo1 III MASONRY STEP W/ RAILINGI - METAL CARPORT ROOF II f(Illl111 IlllllilllIIJIJJ Ilf s STEEL POST -MASONRY STEP W/ RAILING -STEP, LAND NG AND RAILING WEST ELEVATION 3f32" 1 0 b rH eeuRool.�1 UTLITI 770 S' 0' NALL DINING ROOM 8EOROCM jj 0E7:0<.M 0 0o LIVIIJG ROOM PORCH 1/8" FLOOR PLAN City of National City, California COUNCIL AGENDA STATEMENT METING DATE February 2, 2010 AGENDA ITEM NO. 12 ITEM TITLE Report and Recommendations Regarding Business License Administrative Fees \ PREPARED BY Jeanette Ladrid DEPARTMENT Finance EXT. 4331 George H. Eiser, ll, City Attorney 4221 EXPLANATION Please see attached memorandum. Environmental Review .4 N/A Financial Statement Cost to City is approximately $45,000 Approved By: Finance Director Undesignated Fund Balance Account No. 001-2501 STAFF RECOMMENDATION Approve staff recommendation for refund of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Memorandum A-200 (9/99) Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate iitcpRi.cmAT$D Office of the City Attorney City Attorney George H. Eiser, 111 Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette TO: Mayor and City Council DATE: January 21, 2010 FROM: City Attorney SUBJECT: Report and Recommendations Regarding Business License Administrative Fees In a case entitled Weisblat v. City of San Diego, the Fourth District Court of Appeal invalidated administrative fees charged by the City of San Diego to offset the City's costs in collecting business license taxes. The court found that while a city could impose fees to offset the costs of providing services, the services provided must be "regulatory" in nature, that is, they must be charged in connection with regulatory activities (such as conducting health and safety inspections). On October 20, 2009, in response to the Weisblat case, the National City City Council adopted Resolution No. 2009-261 to delete from the City's Fee Schedule a Business License Administrative Application Fee of $21.50, and a Business License Administrative Fee of $10.50, which were similar to the fees involved in the Weisblat case. In order to reimburse the business owners who had already paid the Administrative Fees in 2009 before the City Council rescinded the fees, the Finance Director proposes issuing refund checks in the appropriate amounts to those business owners. The total cost to the City in issuing the refund checks would be approximately $45,000. Staff recommends that the City Council approve the refund proposal, as explained above. 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 City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE February 2, 2010 13 AGENDA ITEM NO. (ITEM TITLE PRESENTATION OF SENIOR VILLAGE EXPANSION CONCEPTUAL PLAN AND DIRECTION TO PREPARE REQUEST FOR QUALIFICATIONS. PREPARED BY DEPARTMENT Raymond Pe, AICP 336-4250 EXPLANATION Community Development 7=p- As part of the General Plan update, the City is focusing specific planning and implementation efforts on several key projects within each of the City's three community planning areas. The Senior Village Expansion, in the Kimball Community, has been identified as one of the major projects that the General Plan will address through specific action plans. At this time, the City's consultant, KTGY Group, Inc., has prepared a conceptual plan for the expansion of the existing Senior Village complex. The current facility is comprised of two 10-story towers (Kimball and Morgan Towers) with a total of 303 senior apartments, the Nutrition Center, and the Senior Center building. The conceptual plan proposes 200 additional low-rise (up to four stories) senior apartments that would be integrated into the site, a medical services building, and a new senior center. Staff is requesting Council input and further direction for the ongoing planning and design process, and direction to prepare a request for qualifications for the future design and development of the site. The next steps will include the presentation of the conceptual design at the upcoming General Plan Update public workshops ('Open House") on February 3, 4, and 6. Environmental Review Not applicable. Financial Statement Not applicable. Approved By: Finance Director Account No. l STAFF RECOMMENDATION Accept and file the report and direct staff to prepare a request for qualifications for the design and development of the site. BOARD 1 COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS (Listed Below) Resolution No. L A-200 (9/99) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 2, 2010 AGENDA ITEM NO. 14 (TEM TITLE Presentation of the Paradise Creek Revitalization Project grant application to the Catalyst Projects for California Sustainable Strategies Pilot Program under the California Department of Housing and Community Development PREPARED BY DEPARTMENT Geny Torres (Ext. 4336)0 1 Community Developments/,'y, EXPLANATION Housing and Grants Division On January 19, 2010 the City Council approved the submission of an application to the California Department of Housing and Community Development for the Catalyst Projects for California Sustainable Strategies Pilot Program. The major focus of the Pilot Program is to support and test innovative sustainable community strategies at the local level with actual development projects. Development projects should be designed to increase housing supply and affordability; improve jobs and housing relationships; stimulate job creation and retention; enhance transportation modal choices that reflect community values, preserve open space and agricultural resources; promote public health; eliminate toxic threats; address blighted properties; reduce greenhouse gas emissions and increase energy conservation and independence. Successful strategies will be implemented broadly throughout California. This program is timely as the City of National City is currently developing the Westside Specific Plan. The Specific Plan is helping to form the vision of the community's future, development and land use goals, and policies; all in keeping with the idea of a sustainable community. Securing a "Catalyst Projects for California Sustainable Strategies Pilot Program" award would allow the City to implement projects essential in realizing the community's goals and vision. K,...._ Refer to background report for a specific scope detailing the use of funds. Environmental Review N/A Financial Statement Not applicable to this report. Approved By: Finance Director Account No. STAFF RECOMMENDATION Not applicable to this report. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Background Report A-200 (9/99) BACKGROUND REPORT National City's proposed Catalyst Project, "Paradise Creek Revitalization Project", is the development of a walking path along the City's Paradise Creek and the revitalization of the surrounding area. The goal of the project is to create a sustainable and walkable community by integrating the different revitalization developments planned for the Westside neighborhood. The grant will also seek to fund the implementation of other Westside Specific Plan goals and objectives. National City is currently developing the Westside Specific Plan as a result of community concerns related to land use practices. 'fhe proposed path for the Catalyst Project will run along Paradise Creek, which is in the Westside neighborhood, a neighborhood where auto services, Light manufacturing, and warehouses are interspersed throughout the residential community. The Westside Specific Plan will state the vision of the community's future, development and land use goals, and policies; all in keeping with the idea of "smart growth" and a sustainable community. The "Paradise Creek Revitalization Project" is in line with the Westside Specific Plan objectives of sustainable development, which is in line with the Catalyst Projects Pilot Program objectives. Sustainable development has been defined as pursuing economic growth and social advancement in ways that can be supported for the long term by conserving resources and protecting the environment. By promoting sustainable development projects National City will increase energy conservation and reduce greenhouse gas emissions. The development of a walking path linking all of the anticipated projects listed below will promote public health, improve job/housing relationships, reduce greenhouse gas emissions, and enhance transportation modes by creating a pedestrian -friendly community. Residents will be encouraged to walk and use other non -auto modes of travel from their home to work, stores, community activity centers, schools, parks, and transit. Additionally, there will be enhanced streetscape with decorative lighting, benches, crosswalks and traffic calming amenities which would further encourage walking within the community as well as serve as a way to address blight in the Westside. The revitalization projects planned for the Westside will also create jobs. The actual construction and development of the projects will create jobs today and the revitalization of the community will allow for sustained employment growth as businesses are attracted to a smart -growth community. Specific projects that will be made easily accessible by the Paradise Creek path include: -e.. g:' t �'r e a;,jcck. An expansion of the Morgan/Kimball Towers will increase the affordable housing supply by creating 200 more affordable units for seniors. The development of the Library Village Lofts and Westside Infill TOD Project will increase the affordable housing supply by 300 and 200 units respectively. Additionally, the Library Village Lofts and the Westside Project will improve job/housing relationships. t I ^aitl. w't Pc, An expansion of this facility is proposed for the Senior Village Expansion project. Easy and convenient access to the existing and future health clinics will promote public health because residents will be more likely to visit. ts131)roveinf.:utt - A revitalization of Kimball Park and the development of a joint community garden will provide more recreational opportunities, promote public health, and preserve open space and agricultural resources. The enhancement and restoration of the neighborhood's Paradise Creek to protect water quality and natural habitat, and reduce runoff pollutants preserves open space, eliminates toxic threats, and addresses blight. Scr€;.al, The availability of a safe walking path will encourage parents and students to walk to school, promoting physical activity and public health. City of National City, California CITY COUNCIL AGENDA STATEMENT • MEETING DATE February 2, 2010 AGENDA ITEM NO. 15 TEM TITLE PRESENTATION OF LAS PALMAS PARK AND FACILITIES VISION CONCEPT PLAN. PREPARED BY DEPARTMENT Raymond Pe, AICP 336-42504 Community Development EXPLANATION As part of the General Plan update, the City is focusing specific planning and implementation efforts on several key projects within each of the City's three community planning areas. The Las Palmas Park and Facilities Vision Concept Plan, in the Las Palmas Community, has been identified as one of the major projects that the General Plan will address through specific action plans. The City's consultant, MIG, Inc., has prepared a conceptual plan for the conversion of the 44-acre National City Golf Course into an expansion of Las Palmas Park based on the identified needs of the community, including the lack of open space and park lands. The conceptual plan proposes recreational uses, natural open space, and supporting commercial development along Sweetwater Road. Some of the specific uses proposed include a soccer field, a skate park, a dog park, parking lots, a playground, a pedestrian and bicycle path, creek restoration, edible gardens, and a community farm. No housing development is proposed as part of the plan. Staff is requesting Council input and further direction on the planning and design process. The next steps will include the presentation of the conceptual design at the it\s„...... upcoming General Plan Update public workshops ("Open House") on February 3, 4, and 6. (Continued in background report, attached) J l Environmental Review Not applicable. Financial Statement Not applicable. Approved By: Finance Director Account No. STAFF RECOMMENDATION Accept and file the report. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS (Listed Below) Draft Concept Plan Resolution No. A-200 (9/99) BACKGROUND The City recognizes that there is a deficiency in open space, and specifically parks, within the community. Currently there are approximately 116 acres of land in the city devoted to park uses. This is a ratio of less than 2 acres per 1,000 population, which is well below the widely adopted standard of 10 acres per 1,000 population (National Recreation and Park Association). In 2007, the City Council and Community Development Commission Board held three joint strategic planning workshops in the months of January, February, and April. The strategic planning process identified and affirmed the following concepts, which support the creation of more public open space in the community: • "Improving health, safety, and quality of life." • "Improve quality of life and create open spaces." • "Emphasize family -oriented activities and projects throughout the City." On May 1, 2007, the Council/Board adopted the final strategic plan, which consists of nine strategic objectives and 45 action plans to implement the objectives. Strategic Objective 3 is "Improve Quality of Life," which states, "Build and maintain facilities and activities that support community needs and ensure that they are serving the people and families of National City." Strategic Objective 3 includes implementing Action e, "Support City Parks and Open Space," which includes the following description: "Since National City is fully developed, long term planning for parks and open space is critical to enhance quality of life. It is important that the City maintain its current parks, such as Kimball, Las Palmas and El Toyon and to support new parks such as the Paradise Creek Educational Park. In order to leverage local resources to improve quality of life by increasing and improving open spaces and natural educational experiences, the City will work with the Facilities Work Group to complete an inventory of existing and proposed parks and open spaces. After compiling the inventory and assessing demands, the City will consider its current resources and develop a funding program for acquisition and improvements for parks and open space. The development of a coordinated parks and open space system in National City will require the commitment from the public sector, private sector, non -profits, special interest groups, utility providers, and individual citizens." During the March 21, 2009 strategic planning workshop, the City Council/Community Development Commission Board emphasized the value of parks, recreation, and open space as amenities that contribute to the quality of life in the city. Mayor Morrison specifically stated the importance of reviewing the National City Golf Course to determine if there are better uses of the property as open space and as a more productive revenue source. On January 21, 2010, the draft concept plans were presented to the Parks and Recreation Advisory Board, which reviewed the plans and provided comments. In addition, City departments, including the Public Works Department, which maintains park facilities, and the Community Services Department, which administers parks and recreation programming, participated in the development and review of the concept plan. The concept plan will continue to evolve as input is received during community workshops and Council working meetings in February. City of National City January 2010 I LAS PALMAS PARK AND FACILITIES VISION CONCEPT PLAN City of National City January 2010 M`I G acknowledgements City of National City City Council Mayor Ron Morrison Vice Mayor Alejandra Sotelo-Solis Councilmember Francisco Parra Councilmember Jess VanDeventer Councilmember Rosalie Zarate City Staff Chris Zapata, City Manager Brad Raulston, Community Development Director Raymond Pe, Principal Planner Joe Smith, Public Works Director Rick Hernandez, Facilities Maintenance Supervisor Community Members Richard Kiy, President & CEO, International Community Foundation Gina Mazeau, Principal, Las Palmas School MIG, Inc. Chris Beynon, Principal -in -Charge Anchi Mei, Project Manager/Urban Designer Larry Wight, Senior Landscape Designer Jeff Liljegren, Associate Patricia Algara, Associate LAS PALMAS PARK AND FACILITIES VISION CONCEPT PLAN table of contents 1 INTRODUCTION 1 Plan Purpose 2 Context 4 Existing Site Conditions 6 2 LAS PALMAS PARK A VISION FOR THE FUTURE! 9 Overall Design Concept 10 Design and Policy Recommendations 12 3 IMPLEMENTATION 23 Preliminary Cost Estimate 24 Next Steps 25 "Public space is for living, doing business, kissing, and playing. Its value can't be measured with economics or mathematics; it must be felt with the soul." Enrique Penalosa 6. INTRODUCTION IN THIS SECTION Purpose Context Existing Site Conditions THE LAS PALMAS PARK AND FACILITIES VISION CONCEPT PLAN presents the framework and future design of a dynamic new park in the heart of National City. Through the transformation of the existing National City Golf Course into nearly 40 acres of recreation uses, public gathering space, community farm, family -oriented commercial and natural open spaces, Las Palmas Parkwill be a civic and natural asset for residents and visitors alike. Several institutions - such as Las Palmas School, the International Community Foun- dation, and Las Palmas Park - sit adjacent to the site surrounded by residential neighborhoods. With these community assets nearby, the future Las Palmas Park a unique combination of traditional park amenities, such as tranquil natural spaces and recreational sports fields alongside innovative socially oriented park elements, such as urban agriculture and educational environments. Las Palmas Park is envisioned as a "grand park" used and loved by many. From an expansive children's play area to recreational trails, soccer fields and a skate park, the park will provide healthy outdoor opportunities for residents of all ages. From tranquil benches in gardens and family picnic areas to bustling outdoor cafes and dynamic plazas Las Palmas Park can encompass a spectrum of oportunities, from bucolic sanc- tuary to boisterous fiestas. In an age of increasingly indoor, sedentary activity and urban living environments disconnected from nature, Las Palmas Park will bring nature and wildlife back into the every -day experience of the community. A prominent park design feature will be a community farm and edible landscaping. This feature will provide education and an actual supply of nutritious food to park users and the local community. This design element of Las Palmas Park, coupled with outdoor exercise opportunities, will improve National City's livability, enhance public health, and create an innovative model for park design. City of National City - January 2010 Las Palmas Park and Facifttes'dision Concept Plan 1 7 section one PLAN PURPOSE The Las Palmas Park and Facilities Vision Concept Plan presents a strategy for creating a future Las Palmas Park that will offer National City an array of social and recreational activities for all ages, as well as civic asset for the community to gather in and be proud of. This plan provides a design concept for a new Las Palmas Park that goes beyond the elements of a conventional park design. It describes the vision of a large natural commons that is revelatory, educational and socially-transformative. Las Palmas Park will realize this ambitious vision by basing future park planning and design efforts on the following principles: Livability Natural open spaces, recreational sport activities and an elegant park environ- ment are essential elements of urban livability and will increase the overall attractiveness of National City and quality of life of its residents. Community Gathering areas ranging from large pla- zas to intimate seating areas help to give the park identity and a sense of place. These various "social nodes" will offer residents and visitors of National City a place to engage, connect and strengthen community bonds. Health Exercise opportunities, fresh fruit and vegetables, and educational gardens will make healthy living a convenient, playful and engaging part in the daily lives in the community. Ecological Enhancement Creek restoration and native plantings will enhance wildlife habitat, improve water quality, and provide opportunities for recreation. Sustainable design materi- als and local food production will reduce energy consumption. This document reflects visionary ideas intended to suggest how the park might be designed. However, it is intended to be a living document. The design details of Las Palmas Park will evolve as the City considers further design analysis, community dialogue and funding op- portunities. This plan should serve as a reminder and guidepost for what poten- tial improvements to Las Palmas Park can achieve for the residents of National City in the future. 2 Las Palmas Park and Facilities Vision Concept Pian City of National City -January 2010 introduction City of National City - January 201D Las Pa>mas Park and Facilities V;si0-n Concept Plan 3 section one CONTEXT Geographic Context The planning area of the future Las Pal- mas Park is located at the eastern end of the Las Palmas neighborhood (see figure 1.1). There are multiple modes of access to the planning area, including public transportation, walking and driving. San Diego's MTS Bus route 961 runs along East 30th Street and stops at the inter- section of Sweetwater Road (30th Street) and Grove Street on the south end of the Park. Pedestrian connections include the sur- rounding neighborhood streets and a Figure 1.1: City of National City and Project Site pedestrian connection over Interstate 805 at 22nd Street to the Lincoln Acres neighborhood. Automobile access to the site includes eastern entrances along Newell Street and western access along Palm Avenue at E. 20th Street and E. 22nd Street. Adjacent land uses are predominately residential neighborhoods around the western, northern and south- eastern edges. Multi -family residential is located along E. 18th Street to the north and commercial along Sweetwater Road (30th Street) to the south, which includes both the Sweetwater Plaza West and 4 Las Palmas 'ark and Facilities Vision Concept Plan ID City cf National City - Ja: wary 2010 introduction Sweetwater Town and Country shopping centers. Public schools include Las Pal- mas School just north and adjacent to Las Palmas Park and Olivewood School and Sweetwater High School along Highland Avenue six blocks to the west. Social Context Providing a great park with outdoor recreational opportunities for youth is particularly important in National City where 30.7% of the residents in National City are under the age of 19 and 48.9 percent of households have individuals under 18 years_ (U.S. Census Bureau, 2005-2007 American Community Survey) As with many other communities across the country, obesity is on the rise in National City. The issue of obesity compounds as it is linked to a number of chronic conditions, including diabe- tes, depression, asthma, cardiovascu- lar disease, and cancer in adulthood. According to Call to Action: San Diego County Childhood Obesity Action Plan 2006, published by the County Health and Human Services Agency (HHSA), 25.8% of all children in San Diego County are overweight. In an analysis of the 2004 California Physical Fitness Test of fifth, seventh, and ninth graders, National City had a 35.2% rate of childhood obesity. (http://www.cchealthnetwork.com/proj- ects/obesity.aspx) City of National City - January 2010 Las Palmas Park and Facilities Vision Concept Plan 5 I1 section one EXISTING SITE CONDITION The planning area for National City's Las Palmas Park is primarily comprised of the National City Golf Course (see Figure 1.2). The topography of the site is relatively fl at with a variation in eleva- tion of 80 feet that allows for the existing golf course to rest in a valley bounded by hills. An intermittent stream that is partly culverted traverses the length of the park valley and meets with the Sweetwater River 500 feet south of the site. Adjacent to the golf course are several public and private amenities that are assets for the community. These amenities include Las Palmas School (located just north of Las Palmas Park at the corner of E. 18th Street and Newell Street) and the Las The existing Las Palmas Park offers community National City Golf Course lies within a small amenities to build upon. creek valley surrounded by steep hillsides. Las Palmas Elementary School is adjacent to the project area just north of Las Palmas Park. The historic Walton House, west of the Golf Course, is home to the International Commu- nity Foundation. Palmas Park facilities (including baseball diamond, two tennis courts, swimming pool, and parking). To the west of the golf course, additional assets include But- terfly Park along Palm Avenue between E. 20th Street to E. 22nd Street and the Walton Home, which houses the Interna- tional Community Foundation and its lush urban farm. The site is traversed by an intermittent creek that is partly culverted. The butterfly garden along Palm Avenue is currently underutilized. 6 Las Palmas Park and Facilities Vision Concept Plan /2. City of National City - January 2010 introduction Figure 1.2: Project Site City of National City - January 2010 /3 Las Palmas Park and Facilities Vision Concept Plan 7 yw N 3 .0 C O.- �+ m m "� c ,� SL .L.` E' .+ .n V, ' X N Ot am'E'C .O' dw:.sC U �uy >r'aL a0 "�. p.lU d G in y N .. 4 (p N_ N N C CL N v N O N.p. m t6 N Q d O .fi`•O >. , O. O ? 0 r 4, -6 w 7 Q O oE'-va .my3cco E°i 4-., • w .(I 4 Y V -L.. yam.. LAS PALMAS PAR A VISION FOR IN THIS SECTION Overall Design Concept Design and Policy Recommendations E FUTURE! THE OVERALL DESIGN CONCEPT aims to create a dynamic and cohesive vision for Las Palmas Park. The conceptual plan described in this section suggests many uses and activities that will offer a wide range of opportunities for recreation, relaxation and social interaction. This section also includes recommendations and guidelines for the various design elements in Las Palmas Park to make it a user-friendly, comfortable, safe and enjoyable environment. Additionally, the design recommendations also suggest ideas for incorporating cutting edge sustainable design and healthy community planning principles. City of National City - January 2010 i as Pa'.rnas Park and Facilities Vision Concept Plan 9 section two Establish an "edible landscape" with citrus groves along the park's steep hillsides to provide stabilization and erosion control, while also creating opportunities for urban agriculture. Anchor new commercial development to the new park with a civic plaza and prome- nade and establish a threshold between park and commercial use_ Createlooping recreational paths through- out the park to provide connectivity within and to the surrounding community. OVERALL DESIGN CONCEPT The principles of livability, community, health and ecological enhancement are at the core of the Las Palmas Park design concept. The overall design concept promotes a range of recreational, social and natural open spaces of various types and sizes. These spaces and activities are, in turn, woven together by a looping pedestrian and bicycle trail and nested within an innovative "edible landscape". The photos below describe key features; Figure 2.1 on the following page highlights the physical location and relationships. Install amenities such as seating, lighting, public restrooms, drinking fountains and trash receptacles to accommodate basic park user needs. Provide reveation fields for soccer and other field sports to expand the park's use for active recreation purposes. Provide additional amenities such as a concession stand, tot lots and picnic areas to further enrich the Park's value to the com- munity. Expand on -site farming efforts with a community farm as a way to enhance urban agriculture and local food production and provide educational opportunities for adjacent neighborhood schools. Create an interactive water feature in com- bination with the park plaza to provide a cool and inviting water play and relaxation on hot summer days. Restore the existing creek to a healthier ecological condition that will enhance the experiential qualities of the park and accom- modate for seasonal flood inundation. 10 Las Palmas Park and Facilities Vi,ion Concept Plan Ilp City of National City - January 2010 Las Palmas Park - A Vision for the Future! Figure 2.1: Las Palmas Park Design Concept City of Notional City - Jams_=ry 2010 i7 Las Pairnas Park and Faciiities Vision Concept Plan 11 section two DESIGN RECOMMENDATIONS This section provides descriptions of materials, plants, features and character for the various areas of Las Palmas Park. These areas include an interactive water feature and public plaza, a children's play park, soccer fields, a skate park, family gathering areas and a recreational loop. Promenade and Interactive Water Feature The promenade will be a key entrance and gathering place for the community. An interactive water feature can further activate the promenade by providing a cooling oasis for children to play and explore, and adults with a place for connecting with neighbors, contemplation and respite. Design recommendations for a public plaza include: • Create a centralized public plaza accessible from the entire park; • Provide shade for seating areas in the form of trees and/or shade structures; • Integrate the plaza and promenade design into the proposed commercial development to create transition between public and private amenities; • Create terraced or sloping treatments on the adjacent steep slopes that provide informal seating opportunities; • Allow food vendors and outdoor performances on the plaza; and • Incorporate an interactive water feature that includes water play, fountains and seating. 12 Las Palmas Park and Facilities Vision Concep an JS City of National City - January 2010 Las Palmas Park - A Vision for the Future! Creek Restoration The existing stream running through the center of the park is largely channelized. Through creek restoration efforts, a future "Las Palmas Creek" can become a natural amenity for park users and provide ecological benefits- Design recommendations for creek restoration include: • Widen creek channel to accommodate stormwater flows (see Figure 2.2); • Landscape second -tier flood zones of the creek with boulders to allow the community access to low flow areas of the creek; • Plant native vegetation alongside creekbeds that also provides insect and bird habitat; and • Consider daylighting the culverted portions of the creek. Figure2.2: Las Palmas Creek Restoration City of National City - January 2010 (7 las Palmas Park and Facilities Vision Concept Plan 13 section two Edible Landscaping Edible landscaping is a signature design feature of the Las Palmas Parkconcept. Integrating food -producing vegetation into the park's overall landscaping design will provide a healthy food source for National City, support hillside stabilization, and create a more interactive and distinctive experience for park users. Edible landscaping in Las Palmas Park can replace traditional ornamental park landscape plantings and include community gardens, organic urban farms and an urban farm that would provide healthy food and enhance educational opportunities for residents nearby and throughout National City. Figure 2.3: Hillside Stabilization and Edible Landscaping Design recommendations for an edible landscape include: • Use edible plants (berries, citrus and plum trees and passion fruit) in place of ornamental landscaping; • Plant citrus and or olive trees and fruit bearing shrubs along the park's steep slopes to provide shade, stabilize the slopes from further erosion and maximize land for food production (see Figure 2.3); • Establish a community farm along E. 18th Street on the north end of the park to allow for profitable food production as a local food source and to provide an educational extension for the adjacent Las Palmas Elementary School and other community schools; • Work with the on -site farm, local community members and/or community groups to protect, prune and harvest edible landscaping and reduce maintenance costs; and • Develop connections with local schools, restaurants and farmer's market to sell or donate fruits and vegetables grown at Las Palmas Park. 14 Las Palmas Park and Facilities Visian Concept Plan City of National City - January 2010 20 Las Palmas Park - A Vision for the Future! Educational Environments Educational environments connect people of all ages to the outdoor envi- ronment through a learning experience and awareness. Recommendations for cultivating educational environments in Las Palmas Park include: • Create outdoor classroom settings for nearby schools, such as Las Palmas and Olivewood Elementary schools; • Establish demonstration community gardens to educate the local community members about growing food locally; and • Install interpretative signage alongside the restored creek and recreational loop to inform park users about the ecological benefits and healthy lifestyle aspects of the park's design. Park User Amenities The future Las Palmas Park will be a key destination in National City for a wide range of leisure, recreation and social needs. Therefore, the Park will need sufficient resources to provide a clean, safe and comfortable experience for all users throughout the year. Design recom- mendations for park amenities include: • Provide adequate amounts of protection from the natural elements by providing shaded seating and shade structures; • Ensure a safe environment with sufficient lighting on paths; • Encourage a clean environment with trash and recycling receptacles throughout the park; • Provide drinking fountains and bathrooms for a convenient, comfortable experience; and • Provide amenities throughout the park at all key gathering areas, soccer fields, public plaza and every 200 feet along the recreational loop. City of National City - JaniJary 2010 Las Palmas Park and Facilities Vision Concept Plan 15 21 section two Gathering Areas In addition to the public plazas, gathering areas will provide places for smaller groups of friends or families in the community who use the park for passive recreation. Design recommendations for additional gathering areas include: • Provide shade through the use of large, native trees; • Explore improving and/or better integrating Camacho Gym into the future Las Palmas Park as an accessible venue for hosting community events; • Locate smaller canopy and ornamental trees throughout the park to provide shade particularly in children's play areas, picnic and seating areas; and • Design gathering areas to be flexible in use and size. Play for All Ages Las Palmas Park will have a variety of play parks for all ages. A half -acre children's play park in the northern area of the park will provide a safe, inviting area for families and children to play. Skate parks have gained in popularity as an amenity for urban communities. Las Palmas Park can build upon a broad portfolio of community amenities and active recreation with the addition of a community skate park. Skate parks provide an appropriate space for skateboarders to practice, reducing pressure on public streets, sidewalks and park facilities. Design recommendations for additional play areas include: • Use plantings and seating areas to separate play areas between different age groups for non- competitive play among different age groups; and • Gathering areas are especially appropriate adjacent to children's play areas. 16 Las Palmas Park and facilities V on Concept Plan 22_ City of National City - January 2010 Sustainable Design Materials Retrofitting National City for the next generation must include a more sustainable approach toward energy use, building materials, and water management. Recommendations for utilizing sustainable design materials in the park include: • Incorporate innovative solar powered lighting to reduce the park's demand on electricity; • Employ the use of green building materials such as recycled plastics and permeable pavers; • Reduce the park's impact on water use by utilizing drought tolerant plant species in landscaping; • Use permeable pavement in parking lots; • Use on -site reclaimed water whenever possible for landscape irrigation, especially at the soccer fields; • Incorporate water -conservation practices and features into the irrigation system design; and • Use local products and suppliers as appropriate and feasible. Commercial Development Public open spaces and commercial developments succeed best when they work together. To ensure the success of the new Las Palmas Park, the commercial development should be anchored to the park with cafe' seating, business entrances and windows opening onto the public plaza and the park itself. Recommendations for a future commercial development include: • Create a park entry at the southern end of the development along Sweetwater Road; • Provide open seating in public space; • Include parking for visitors to the park; and • Locate retail along Sweetwater Road or provide an attractive landscaping edge to the street connected to the Gateway Plaza. City of National City - January 2010 Las Palmas Park and Facilities Vsior, Concept Plan 17 23 section two Recreational Loop Trails and pathways provide opportunities for recreation and connectivity. A recreational loop in the park can connect all major elements within the park and to the surrounding community. It will expand the park's amenities for active recreation by accommodating bicycle and pedestrian use and will include a parallel jogging path. Design guidelines for the recreational loop include: • Install a 10' wide paved path connecting all major nodes throughout the park; • Install a 3' wide soft surface path parailel tothe paved path throughout the park; and • Meet ADA requirements to accommodate universal accessibility. Soccer Fields Active recreation is an important part of healthy lifestyles in National City_ To expand amenities offered in the new Las Palmas Park design, two soccer fields will provide residents with much needed space for soccer. Design recommendations for soccer fields include: • Select turf species that require minimal water, fertilizer and maintenance; • Use integrated pest management practices for maintenance, where feasible; • Use automatic irrigation with a satellite controller; • Install appropriate sports lighting, goals, field benches, spectator seating, drinking fountains and trash receptacles to accommodate needs of organized league play; • Install an effective drainage system for improved playability and sustainability; and • Provide one regulation field and one practice/youth field. As the Las Palmas Park planning process continues, explore the demand and feasibility of several small futsal fields in place of the practice field. 18 Las Palmas Park and Pac ties Vision Concept Plan City of National City - January 2010 Convenient Multi -Modal Access to the Park The existing Las Palmas Park does not provide enough choices for access from a transportation perspective. To further expand local access, additional service and a broader mix of transportation modes should be provided at the neighborhood level. Policy and design recommendations for multi -modal access to the park include: • Provide additional bus service to Las Palmas Park via E. 18th Street; • Provide additional bus stops along Sweetwater Road and along E. 18th Street; • Provide a bike path along Newell Road; and • Provide additional on -site parking. Community Design Project Butterfly Park along Palm Avenue has the potential to be a stronger neighborhood asset and serve as a local, pedestrian connection into Las Palmas Park. Currently, Butterfly Park has an unfinished, circular development pad (see photo to the right) that could be the location for a community design project. Through a participatory design process, local residents can brainstorm solutions to address the needs or desires of the community. Options could include ideas such as a children's playground, community garden, barbeque area or local art space. The City would work with the local neighborhood in a collaborative process from design through construction. City of National City - January 2010 Las Pairnas Park and Facilities Vision Concept Plan 19 25 "The 2t�t,t Century was about r„ ~: getting' around., The`21st+Cerr,'. tury wi:(�_be abouf..staying 'pia cemwort h staying James Howard KL stier,- 26 IMPLEMENTATION IN THIS SECTION Preliminary Cost Estimate Next Steps THE PURPOSE OF THE IMPLEMENTATION component of the plan is to provide a road map for achieving the vision. A preliminary cost estimate for constructing Las Palmas Park provides a target for pursuing potential funding sources. The City can also continue to build upon connections with local partners, such as the International Community Foundation, as well as the broader community to build upon and refine the design concepts of the proposed plan. City of National Cif January 2010 Las Palmas Park and Facilities Vision Concept Plan 23 27 section three PRELIMINARY COST ESTIMATE The following table (Figure 3.1 below) presents a preliminary cost estimate for all improvements for Las Palmas Park, excluding the proposed commercial development. This estimate is based on 2009 costs and does not include escalation. Improvements Area in Acres Estimated Cost/ 2009 Northern Park Entrance 0.5 $441,836 Southern Park Entrance & Plaza 0.5 $360,240 Mini Plaza 0.2 $253,800 Parking 1.3 $387,185 Pathways 2.1 $1,255,705 Active Recreation Area -Soccer Fields & Concession Building 42 $1,233,200 -Multi-Use Turf Area 1.0 $156,900 -Children's Play Area 0.5 $825,000 -Interactive Water Feature 0.6 $884,250 -Skate Park 0.3 $250,000 Passive Recreation Areas -General Landscape Areas 7.5 $929,248 -Community Farm 4.0 $352,033 -Citrus Grove 4.0 $56,250 -Creek Restoration 5.0 $1,322,500 -Butterfly Park 1.0 $100,000 Miscellaneous Park Perimeter Landscape Areas 7.5 $325,000 Miscellaneous Park Site Furnishings and Signage $127,000 Utilities (Electrical Service, Panels & Wiring; Sanitary Sewer Connection, Piping and Manholes; Water Service, potable lines & fire protection lines; Storm Sewer) $450,000 Subtotal 40.15 $9,710,146 10% General Conditions 6% Contractor's 0 & P TOTAL 25% Contingency TOTAL PARK IMPROVEMENTS w/CONTINGENCY $971,015 $582,609 $11,263,770 $2,815,942 $14,079,712 Design, Engineering & Administration - 30% PARK IMPROVEMENTS GRAND TOTAL $4,223,914 $18,303,626 Table 3.1: Opinion of Probable Costs 24 Las Palmas Park and Facilities Vision Concept Plan City of National City - January 2010 next steps NEXT STEPS The following next steps will support implementation of the Las Palmas Park and Facilities Vision Concept Plan. A community park's success is created and sustained by the support of both the City and the community -at -large. 1. Coordinate with the General Plan Update Further community planning and regulatory approval of the proposed Las Palmas Park should be incorporated into the City's current General Plan Update planning process. 2. Collaborate with Local Partners Strengthen partnerhips between the City, Las Palmas and Olivewood elementary schools, and the International Community Foundation to create, develop and manage educational and environmental park programming. 3. Seek Park Funding The City should identify public and private funding options for public park improvements identified in this plan_ 4. Develop Community Design Project Begin dialogue with local residents around Butterfly Park. Develop a community design charette process to lead the community through the brainstorming and development of a community design idea for Butterly Park. 5. Work with Developers Further define development standards and design guidelines for new commercial activities at the southern end of Las Palmas Park. This will help ensure that any new project is high -quality and family -oriented and establishes a strong interface with park uses. City of National City - January 2010 Las Palmas Park and Facilities Vision Concept Plan 25 21 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE February 2, 2010 AGENDA ITEM NO. 16 (ITEM TITLE ESTABLISHMENT OF A CITY COUNCIL AD HOC COMMITTEE TO DISCUSS AND MAKE RECOMMENDATIONS REGARDING THE COMPENSATION OF EXECUTIVE AND. MANAGEMENT EMPLOYEES PREPARED BY Chris Zapata, City Manag DEPARTMENT (Ext. 4240) EXPLANATION City Manager As a first step in the City Council's consideration of possible adjustments in compensation for management and executive employees, it is recommended that the Mayor and Council appoint a two - member ad hoc committee of council members. The committee would act as the City's designated representative to discuss compensation issues with the City Manager in his capacity as the representative of the management and executive employees. The legal authority for this process is explained in the attached memorandum from the City Attorney. Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Establishment of a City Council ad hoc committee. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Memorandum from the City Attorney A-200 (9/99) Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate 11JCORFORATRD Office of the City Attorney City Attorney George H. Eiser, 111 Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attomey Jodi L. Doucette TO: Mayor and City Council DATE: January 25, 2010 FROM: City Attorney SUBJECT: City Council Ad Hoc Committee to Discuss and Make Recommendations Regarding the Compensation of Executive and Management Employees Section 54957.6 of the California "public meeting law", the Ralph N. Brown Act (the "Brown Act"), authorizes the City Council to meet in closed session with the City's designated representatives regarding the salaries and fringe benefits of the City's represented and unrepresented employees, and for represented employees, regarding any other matter within the scope of representation. "Represented" employees are those represented by the one of the three bargaining units: the Municipal Employees' Association, the Firefighters' Association, and the Police Officers' Association. "Unrepresented" employees include the executive and management employees. Customarily, the Council meets with its representatives, comprised of executive staff members, during the course of collective bargaining negotiations with the City's three recognized bargaining units. Last March, the Mayor appointed a two -member City Council ad hoc committee to act as the City's designated representatives to discuss executive and management employees' compensation with the City Manager. The ad hoc committee then made recommendations and received input from the entire City Council in closed session, as authorized by Section 54957.6 of the Brown Act. Final action by the City Council on executive and management compensation was then taken in open session. GEORGE H. EISER, III City Attorney GHE/mpa 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 IEETING DATE: Feb 2, 2010 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California AGENDA ITEM NO. 17 -.%%\ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $304,640.87 to the City of National City for the period of 12/30/09 through 01/05/10 PREPARED BY: Jeanette Ladrido, DEPARTMENT Finance Finance Director O (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 $304,640.87 STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A 1 TACHMENTS (Listed Bel Warrants for the period the period of 12/30/09 through 01/05/10 • PAYEE RICK ENGINEERING COMPANY ROMERO'S ROOFING SERVICE, STAPLES ADVANTAGE CCH SECTION 8 SECTION 8 HAPS PAYMENTS INC + CALIFORN A -{+ 4 Nei' grit rY�fwlf_'1 INCORPORATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #27 1/5/2010 DESCRIPTION STREETSCAPE CONST. AND STAKING REPAIR ROOF AT GRANGER HALL MOP 45704 OFFICE SUPPLIES-S8 GOVERNMENTAL GAAP GUIDE 2010 Start Date End Date 12/30/2009 1/5/2010 CHK NO 230952 230953 230954 230963 DATE 1/5/10 1/5/10 1/5/10 1/5/10 AMOUNT 3,716.28 4,145.00 106.36 268.06 MP Total S 8,235.70 296,405.17 GRAND TOTAL $ 304,640.87 COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 27 1/5/2009 502 SECTION 8 FUND 511 TAX INCREMENT FUND 296, 501.52 8,139.35 304,640.87 IEETING DATE: Feb 2, 2010 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California AGENDA ITEM NO. 18 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $98,041.11 to the City of National City for the period of 01/06/10 through 01/ 112/10 PREPARED BY: Jeanette Ladrid EXPLANATION: DEPARTMENT Finance Finance Director _,P' (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. C)14—. N Environmental Review N/A Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $98,041.11 STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A TACHMENTS (Listed Bel w) Warrants for the period the period of 01/06/10 through 01/12/10 CALIFPRN1A -t+ try tv INCORPORATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #28 1/12/2010 PAYEE MICHAL PIASECKI CONSULTING DESROCHERS PRO BUILD PRUDENTIAL OVERALL SUPPLY UNION TRIBUNE PUBLISHING CO VISTA PAINT ELIHU ELECTRIC COUNTY OF SAN DIEGO VERIZON WIRELESS NATIONAL ELEM SCHOOL DISTRICT SECTION 8 SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 01 12/15/2009 DESCRIPTION CRYSTAL REPORTS UPDATES RETIREMENT BENEFIT JAN 2010 MOP 45707 EXT PAINT -NEIGHBORHOOD MOP 45742 UNIFORM SVCS-NEIGHBORHOOI PALM PLAZA NOTICE MOP 68834 EXT PAINT -NEIGHBORHOOD ELECTRICAL CORRECTION NOTICE MAIL PROCESSING-11/16 - 12/15/09 WIRELESS SVC 11/24 - 12/23/09 FINAL AB1290 FY 09 PAYMENT Start Date 1/6/2010 End Date 12/28/2009 End Date 1/12/2010 Check Date 1 /6/2010 CHK NO DATE AMOUNT 231021 1/12/10 1,170.00 231028 1/12/10 110.00 231029 1/12/10 48.25 231030 1/12/10 13.34 231031 1/12/10 166.40 231032 1/12/10 630.24 231042 1/12/10 500.00 231064 1/12/10 806.24 231082 1/12/10 251.57 231086 1/12/10 12.47 A/P Total $ 3,708.51 9,553.75 84,778.85 GRAND TOTAL $ 98,041.11 +}-' CALIFORN�A; INCORPORATED COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 28 1/12/2010 261 CDC DEBT SERVICE FUND 502 SECTION 8 FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 12.47 31,886.82 63, 311.40 2,830.42 98,041.11 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE February 2, 2010 AGENDA ITEM NO. 19 ITEM TITLE Investment Report for quarter ended December 31, 2009 PREPARED BY DEPARTMENT Jeanette Ladrido, CFinance x 4331 EXPLANATION See attached report Environmental Review Not applicable. Financial Statement Staff certifies that there are sufficient funds to meet the Community Development Commission's financial needs. Account No STAFF RECOMMENDATION Accept and file the Investment Report for the Quarter ended December 31, 2009. BOARD / COMMISSION RECOMMENDATION l ATTACHMENTS Background/Investment Overview Portfolio Summary — Quarter ended December 31, 2009 Resolution No. A-200 (9/80) ATTACHMENT 1 BACKGROUND California Government Code Section 53646 requires that staff submit an investment report to the Community Development (CDC) Chairman and members within 30 days following the end of the quarter that consists of the following information: ➢ Type of investment or description, ➢ Issuers (bank or institution), Dollar amount, ➢ Interest rate, ➢ Current market valuation as of the date of the report, And the date of maturity. In addition, the code requires that the report states the CDC's compliance with it's investment policy and include a statement on the CDC's ability to meet it's pool's expenditure requirements. OVERVIEW OF CITY INVESTMENTS The CDC investments most of its funds the California Treasurer's Local Agency Investment Fund (LAIF). This is a liquid investment pool, which allows participants to earn market rate returns of large investments, while retaining access to funds within 24 hours of a withdrawal request. Due to the current circumstances of the economy and the market conditions, LAIF return has been plunging for the last 24 months. For the month ended December 31, 2009, LAIF's monthly average effective yield was 0.569%. The investment of debt service reserve funds, the 2004 and 2005 Tax Allocation Bonds, is controlled by the designated fiscal agent. The reserve funds account for 16% of the CDC's portfolio. Federal Agency Securities account for 5.0% of the investment portfolio. The average rate of return is 3.538% The CDC has 0.6% invested in Negotiable Certificates of Deposit. The average rate of return is 4.15%. The investment portfolio has the ability to meet the CDC's financial needs. SUMMARY OF INVESTMENT PORTFOLIO As of December 31, 2009 INVESTMENTS HELD BY THE CDC OF NATIONAL CITY Investment Type % of Book Value Market Value Portfolio LAIF 17,197,521.11 17,213,821.35 82.76% Federal Agency Securities 999,875.00 1,001,670.00 4.81% Deutsche Bank 2,485,587.50 2,485,587.50 11.96% Negotiable CD's 95,000.00 95,269.80 0.46% Cash 2,695.90 2,695.90 0.01% Totals for December 2009 20,780,679.51 20,799,044.55 100.00% Totals for December 2008 23,042,178.95 Portfolio decrease from same quarter last year -2,261,499.44 Negotiable CD's 0.46% Cash Deutsche Bank 0.01% 11.96% Federal Agency Securities 4.81% LAI F 82.76% Investments Liquidity Book Value % of Portfolio On Demand Within One Month One Month to One Year Within One to Five Years 19,685,804.51 95,000.00 0.00 999,875.00 94.73% 0.46% 0.00% 4.81% 20,780,679.51 100.00% Community Development Commission of National City Finance Department Investments CDC OF NATIONAL CITY Portfolio Management Portfolio Summary December 31, 2009 Par Market Book % of Days to YTM YTM Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. LA I F 17.197, 521.11 17, 213, 821,35 17,197,521.11 82,77 1 1 0.561 0.569 Federal Agency Coupon Securities 1,900,000.00 1 D01,670.00 999,875.00 4.81 1 826 1,567 3.360 3.407 Negotiable CDs 95,000.00 95.269.80 95.000.00 0.46 2 008 27 4.1C0 4.157 Cash with Fiscal Agent 2,485,587.50 2 485,587.50 2,485,587.50 11.96 1 0.000 0 000 Investments Total Earnings Current Year Average Daily Balance Effective Rate of Return JEA December 31 TTE LADRf0O, FINANCE DIRECTOR Reporting period 12/01/2009-12/31/2009 Run Date'. 01120(2010 - 12-30 20,778,108.61 20, 796,348.65 Month Ending 10,796,14 18,372,822.32 0.69% Fiscal Year To Date 70,123.21 16,831,573.94 0.83% 20,777,983.61 100.00% 98 77 0.645 0.654 Portfolio CDC1 CP PM (PRF PM1) SymRept 6.41202b Report Ver. 5.00 CUSIP Investment 11 Issuer Average Balance CDC OF NATIONAL CITY Portfolio Management Portfolio Details - Investments December 31, 2009 Purchase Date Par Value Market Value Page 2 Stated YTM YTM Days to Maturity Book Value Rate 360 365 Maturity Date LAIF SYS10006 10006 LAIF Subtotal and Average Federal Agency Coupon Securities 31331GUL1 3133XS4N5 3133XUVH3 3128X8Z08 Negotiable CDs 32C56G802 10003 10001 10007 10004 14,792,359.82 Federal Farm Credit Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Mtg Corp Subtotal and Average 999,875.00 10000 FIRST INTERNET BANK OF IN Cash with Fiscal Agent SYS10013 SYS10014 SYS10015 SYS10016 SYS10010 SYS10011 SYS10012 SYS10008 SYS10009 10013 10014 10015 10016 10010 10011 10012 10008 10009 Subtotal and Average National City 2004 TAB National City 2004 TAB National City 2004 TAB National City 2004 TAB National Clty 2005A TAB National City 2005A TAB National City 2005A TAB National City 20058 TAB Nat,onai City 2005E TAB Subtotal and Average 95,000.00 2,485,587.50 07/01/2009 05/ 05/2009 09/ D9/2008 10/ 06/2009 05/19/2009 17,197,521.11 17,213, 821.35 17,197,521,11 0.569 0.561 0.569 17,197,521.11 17, 213,8 21.35 250,000.00 250,000.00 250,000.00 250.000.00 249,892.50 251,577.50 250,122.50 250,077.50 17,197,521.11 250,000.00 250,000.00 249,875.00 250,000.00 1,000,000.00 1,001,670.00 07/30/2004 95,000.00 07/01/2009 07 131 /2009 07/30/2009 07/01 /2009 D7/01/2009 07/30/2009 07/01/2009 07/01/2009 07/01/2009 95,000.00 103.171.26 0.31 0.13 0.0D 2,372,655 71 2.19 0 58 0.27 9,756.35 999,875.00 2.990 4.500 3.000 3.1225 1 0.561 0.569 2.949 4.438 2.970 3.082 2.990 4.500 3.011 3.125 1 1,585 05/05/2014 1,347 09/09/2013 1,739 10/06/2014 1,599 05/19/2014 3.360 3.407 1,567 95,269.80 95,000,00 4.150 4.100 4.157 27 01/2812010 95,269.80 '03,171.96 0.31 0.13 0.00 2.372,655.71 2.19 D.58 0.27 9,756.35 2,485,587.50 2,485,587.50 95,000.00 103,171 95 0.31 0.13 0.0D 2,372,655.71 2.19 0.58 0.27 9,756.35 2,485,587.50 4.100 4.157 27 0.000 0.000 0.000 0.000 0.000 0.000 3.000 3.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 1 Total and Average 18,372,822.32 Run Date. 01/20/2010 - 12 30 20,778,108.61 20,796,348.65 20,777,983.61 0.645 0.654 77 Portfolio CDC1 CP PM (PRF PM2) SymReptt.41.202b City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE February 2, 2010 AGENDA ITEM NO. 20 ITEM TITLE A resolution authorizingthe Chairman to execute an Agreement 9 not to exceed $170,965 by and between the CDC and Tierra West Advisers, Inc. to complete a Redevelopment Plan Amendment. PREPARED BY � Patricia Beard (ext 4255) Redevelopment Manager DEPARTMENT Redevelopment Division EXPLANATION The National City Redevelopment Plan creates financial capacity that the City does not otherwise have to complete infrastructure, redevelopment and public facilities projects. The Plan does this in compliance with state law by setting a method by which Tax Increment Financing to pay for projects. California Health and Safety Code Section 33333.10 permits local agencies to extend Redevelopment Plans for 10 years if an increased (30-percent) set aside of Tax Increment for Low and Moderate Income Housing projects is established. Staff would like to undertake such a Plan Amendment over the next 18 months so that financial capacity for desired projects, for example, the Westside Affordable Transit Oriented Development and other projects, can be increased. Please see the attached Background Report for more information and information about leveraging the Plan Amendment process to accomplish other City objectives. l Environmental Review Execution of this Agreement does not require analysis under the California Environmental Quality Act. The Plan Amendment procits e/f will include such analysis. Financial Statement This Agreement will commit $170,965, of which $7J,38 is available in the 2009-10 redevelopment budget and $91,627 would be requested for the 2010-11 budget. Please see Attachments regarding leveraging the Plan Amendment to achieve significant staff time savings. Account # 511-409-500-598-3935 r STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL 1 a) Practice the 5 C's; 1 b) Respond to City Council with thorough analysis; 1 c) Manage investments wisely; 6b) develop affordable housing by leveraging resources. J ATTACHMENTS 1. Background Report 2. Proposed Agreement Resolution No. RESOLUTION NO. 2010 —17 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT IN AN AMOUNT NOT TO EXCEED $170,965 BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND TIERRA WEST ADVISORS, INC., TO PROVIDE PROFESSIONAL REAL ESTATE AND REDEVELOPMENT CONSULTING SERVICES TO AMEND THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT WHEREAS, a competitive search for a qualified firm to assist with a Redevelopment Plan Amendment was conducted by the Community Development Commission of the City of National City ("CDC"); and WHEREAS, the CDC interviewed three qualified firms to perform required services and found that Tierra West Advisors, Inc., provided the best proposal and the lowest price; and WHEREAS, Tierra West Advisors, Inc., is qualified, willing, and able to leverage the necessary research and scope of the Redevelopment Plan Amendment to concurrently accomplish a public infrastructure inventory within the Redevelopment Project Areas for the Engineering Division and certain exterior structural observations that will assist with Code Compliance efforts, saving the City significant time and resources; and WHEREAS, the purpose of the Redevelopment Plan Amendment is: • To extend the Redevelopment Project Area for a period of 10 years; • To increase the local contribution of tax increment into the Affordable Housing Fund from 20-percent of tax increment to 30-percent of tax increment; and • Extend the CDC's existing authority of eminent domain for a period of 12 years. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an Agreement in an amount not to exceed $170,965 by and between the Community Development Commission of the City of National City and Tierra West Advisers, Inc., to provide professional services to amend the Redevelopment Plan for the National City Redevelopment Project. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of February, 2010. Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Brad Raulston, Secretary George H. Eiser, III City Attorney ATTACHMENT I BACKGROUND REPORT Plan Amendment Overview: Staff is recommending the CDC initiate an 18-month process so that an amendment to the National City Redevelopment Plan can be considered for three purposes: 1. Extend the life of the Redevelopment Project Area by 10 years; 2. Increase the low and moderate income housing set aside from 20-percent to 30-percent; and 3. Extend the CDC's eminent domain authority in its existing locations (please see map in this Background Report) and excluding residential uses for 12 years. The purpose for considering such a Plan Amendment is to increase the financing capacity for the CDC so that additional projects can be accomplished. In California a funding stream to accomplish community redevelopment goals is created by establishing redevelopment project areas. The Project Area(s) begin at a base year and extends for a period of years (30 — 40 years). Financing capacity is determined by the projected amount of incremental growth in property taxes (i.e. "Tax Increment") during the life of the Project Area(s).* By extending the length of the Redevelopment Plan by 10 years, the CDC would increase the amount of Tax Increment available to use for financing projects. One project currently under consideration that may benefit from this expanded financing capacity is the Westside Infill Transit Oriented Development ("TOD") — a 201-unit affordable housing project being considered for construction on the City's Public Works Yard. Effective Jan 1, 2002, California Health and Safety Code Section 33333.10 allows for Redevelopment Agencies to extend the life of projects areas established prior to 1994 for 10 additional years. National City's Project Areas, with the exception of the Harbor District, were all established prior to 1994 and may be considered for such a time extension. Currently, by state law the CDC deposits 20-percent of the Tax Increment into a Low and Moderate Income Housing Fund for use in developing and rehabilitating housing for families earning state -defined `very low, low and moderate" incomes. Section 33333.10 requires that should the National City Redevelopment Plan be extended by 10 years, the amount of Tax Increment deposited into the Low and Moderate Housing Fund must be increased to 30-percent. Staff believes this may also assist with the TOD. * Redevelopment law and financing in this background report is simplified for ease of understanding. To understand the provisions and requirements of the law, those interested should refer to the Health and Safety Code directly. Leveraging the Plan Amendment: In order to complete the necessary requirements to consider extending the Redevelopment Plan, the CDC must, by state law, conduct a parcel by parcel "blight analysis" within the areas subject to the proposed Amendment. This parcel by parcel study is the most time intensive and expensive component of the Amendment process, costing $51,640. The consultant will be making in person observations of each parcel in the Redevelopment Project Areas to determine if the conditions warrant extending the time for Tax Increment to help with revitalization. In response to the revenue shortfall facing both the City and the CDC due to the economic sluggishness and state take away of local resources, staff has been working diligently to identify ways to save money, leverage resources, and encourage projects that will increase City resources. During a staff brainstorming session organized by the CARE Committee ("Cost Reduction and Revenue Efficiency"), employees discussed leveraging the parcel by parcel blight study to accomplish other City objectives. Subsequently it was determined that a public infrastructure (streets, sidewalks, curbs and the like) assessment currently underway and portions of Code compliance reports could be conducted as part of the parcel by parcel blight analysis. The savings in staff time resulting from incorporating these items into the parcel by parcel blight analysis equals an estimated $104,921.60. The cost of adding the Infrastructure Analysis and limited Code Compliance inspection to the scope of the Redevelopment Plan Amendment contract is $10,665, resulting in a net savings to the City of at least $94,000. Eminent domain: National City's authority to use eminent domain for redevelopment purposes impacts commercial and industrial uses in the limited area shown on the included map. Within the scope of the Plan Amendment the necessary research will be conducted so that the CDC can consider whether to extend its eminent domain authority. Ordinance 2007-2295 provides the this authority will currently extend until July, 2017 and would potentially extend until 2023 when the Plan Amendment comes forward for consideration in mid -year 2011. * Redevelopment law and financing in this background report is simplified for ease of understanding. To understand the provisions and requirements of the law, those interested should refer to the Health and Safety Code directly. »I. iP -•- ii III11 WI 111711 IIIIIIII�IIIG 'tun 1111111111J1111 ' ISP' 1, �Illl lllilll.. 111111IIIL1111q;C IIIII II1111111111111110` vll�, ^IIIII_ !1111111. 1�11111111 !IJIi�.. 7-IIFIIII1111111.�V 11 ni zm iNk 1111113 111111111111111 Li111 :11.111111 11 11 ■IIIJ1111,14o -11 111111IIIII1 11111 :- z- :Min! 111111 113 ' IIIIIIII 111111111• -I. 51111 ''. YIIIG 11111'11113 1111 1111' �: §;IIIIIII 111111111 111111111111.�u �. "YIIIIIt , . 1f. ig l Ilk Yi 1111 •111111 111111111111111MIL 1111 .1■ 1111111111111.1!� . 1111111111111 7 sr n n'!I.I Op :011111111I1_ ill °P ii= ie iu mu c: P1- pp 111h111111 1 - '• -F7n .1: ?1ri 1.. T IuII - 7111111 :11�II III II ' 1111 ■1I 1!RI . II. IIIII 111111.11n1i i. 1111 111..1 IN fi i ►�\L ,E'iii - _ 1,111111111111114 rii= lid ;mummy iiTl ,!III!i EiiI 11j 111111i 1IIi. ........ i1 .. IC IC CZ __ 'A�7e.11O.■n_■■11 .. caY� • 7 �.. 111'1I11111114 MINI EIS: SJ� .-ais IL lEor ��i -.. iii11� V III. MW•grirli 30th Stlsl 1111111 OI 1 al 1 1111.111111 �Hi111i CHULA VISTA T•11111111111R 11111 1� 1111111111111.E 1 111 fie`. u =11•iO111T mu ■ _- 1 f-.1IM= —sue rrlaillin MIRE tional City Redevelopment Project - Existing Eminent Domain Authorit QProject Area Boundary MI Existing Eminent Domain Authority EjMunicipal Boundary 0 0.125 0.25 I-1 1-1 05 015 ihnes ATTACHMENT 2 AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND TIERRA WEST ADVISORS, INC. THIS AGREEMENT is entered into this 2nd day of February, 2010, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and TIERRA WEST ADVISORS, INC., real estate and redevelopment consultants (the "CONSULTANT"). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to provide professional services to amend the Redevelopment Plan for the National City Redevelopment Project as follows: • Extend the life of the existing Project Area by 10 years, • Increase the tax increment for affordable housing from 20-percent to 30- percent, • Extend the existing power of eminent domain for 12 years. WHEREAS, the CDC has determined that the CONSULTANT is a real estate and redevelopment consultant and is qualified by experience and ability to perform the services desired by the CDC, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CDC hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform theservices hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONSULTANT shall appear at meetings cited in Exhibit "A"to keep staff and City Council advised of the progress on the project. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Mike Garcia thereby is designated as the Project Director for the CONSULTANT. (4. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $170,965 (the Base amount) without prior written authorization from the Executive Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" and billed consistent with the fee schedule in Exhibit "A", as determined by the CDC. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. ACCEPTABILITY OF WORK. The CDC shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the CDC cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CDC or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CDC shall each prepare a report which supports their position and file the same with the other party. The CDC shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit " A ". 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CDC and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CDC's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 2 City's Standard Agreement — May 2008 revision but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT's employees are employee of the CDC and are not entitled to any of the rights, benefits, or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT 's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CDC wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CDC are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT's trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions 3 City's Standard Agreement — May 2008 revision necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CDC otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 4 7 City's Standard Agreement — May 2008 revision CONSULTANT shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANTS employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CDC and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a `claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. 5 City's Standard Agreement — May 2008 revision I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the National City Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent Califomia List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the National City Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CDC. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attomey's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CDC. 6 Citys Standard Agreement — May 2008 revision C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CDC, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and Tess any damages caused the CDC by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CDC: To the CONSULTANT: Brad Raulston, Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 Mike Garcia, Principal Tierra West Advisors, Inc. 2616 East 3rd Street Los Angeles CA 90033 Telephone 323-265-4400 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or 7 J0 City's Standard Agreement— May 2008 revision other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CDC. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8 I1 City's Standard Agreement — May 2008 revision I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: Ron Morrison, Chairman APPROVED AS TO FORM: George H. Eiser, III Legal Counsel TIERRA WEST ADVISORS, INC. (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship - one signature) By: 7 . (Name) / (Title) By: f'( (Name) (Title) 9 I Q- City's Standard Agreement — May 2008 revision EXHIBIT A 10 13 City's Standard Agreement —May 2008 revision ♦r TIERRAWEST ADVISORS PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES Community Development Commission of the City of National City �- TIERRAWEST ADVESORS December 1 I, 2009 Mr. Brad Raulston, Community Development Director Ms. Patricia Beard, Redevelopment Manager City of National City 1243 National City Blvd National City CA 91950 REVISED PROPOSAL FOR PLAN AMENDMENT SERVICES Dear Mr. Raulston and Ms. Beard: Tierra West Advisors, Inc. ("Tierra West") is pleased to provide this revised proposal for the preparation of a redevelopment plan amendment to the National City Downtown Project Area (the "Project Area"). The amendment to the redevelopment plan for the Project Area proposes to extend the power of eminent domain for an additional twelve years and extend the life of the Project Area ("Amendment") by ten (10) years per Health and Safety Code Section 33333.10 for the Community Development Commission of the City of National City ("Commission"). The partners from Tierra West are very experienced with redevelopment plan amendments and well versed in California Community Redevelopment Law. This revised proposal includes optional public improvement and code violation surveys that can be undertaken by Tierra West during the process of conducting the blight field survey for the Amendment. Tierra West has extensive experience conducting blight studies and adopting and amending redevelopment plans, and is familiar with the new requirements for blight documentation, school district impact reports, Department of Finance and Housing a Community Development Department reports and scheduling that have changed in the past three years as a result of legal decisions in Lake Forest and Senate Bills 53, 1206, 1210 and 1809. Tierra West would provide all necessary document preparation, scheduling, processing, and noticing required for the Amendment. Recent Tierra West plan amendment projects include the following: A 2616 East 3rd Stree; As Angers. CA 9.3013 T 323123J a 400 F 323,'261 3676 W rvrrawastad. :o s con REAL ESTATE Et REDEVELOPMENT CONSULTANTS 1 S TIERRAWEST 1 D V 1 S O R S • Azusa Redevelopment Agency amendments to extend the life of the redevelopment plan, increase the tax increment limit, re -instate eminent domain, and add territory - Adopted June 2008; • Bell Gardens Community Development Commission eminent domain amendment - In Progress; • Commerce Community Development Commission amendments to extend the life of the redevelopment plan, increase the tax increment limit - In Progress; and • Guadalupe Redevelopment Agency amendments to increase the tax increment limit and re -instate eminent domain - Adopted June 2009. • Hawaiian Gardens Redevelopment Agency amendments to extend the life of the redevelopment plan and increase the tax increment limit - In Progress; and • Community Redevelopment Agency of the City of Los Angeles amendments to add territory and re -instate eminent domain in the Harbor Industrial Project Area - In Progress. Tierra West proposes to provide the required services for an amount not -to -exceed $160,300 (this amount does not include Optional Services for conducting the mailings, public infrastructure inventory or code enforcement inspections) within an eighteen (18) month timeframe_ The proposed fee estimate and amendment timeline assumes that coordination with Commission staff to achieve efficiencies for the data collection, research, meeting scheduling, internal Commission review of documents and community liaison/outreach portions of this Amendment process. Should you have any questions or alterations to the Scope of Services provided in this proposal, please feel free to contact us at (323) 265-4400 or Mike Garcia on his cell phone at (714) 309-1104. Sincerely, TIERRA WEST ADVISORS Michael Garcia Principal A :6,6 East S., T 32321,5 „pe 323061 3€ 6 '�U re.�awerado cz�s cnm REAL ESTATE Et REDEVELOPMENT CONSULTANTS EXHIBIT "A" ow.A.. oA.oxWo Section 33354.6 of the Health and Safety Code, California Community Redevelopment Law (the "CRL") establishes those Plan Amendments that require a plan adoption process. This proposed Eminent Domain Amendment and extension of the Life of the Redevelopment Plan will need to follow the full plan amendment process, which is the same for the adoption of a new project area. Tierra West provides a comprehensive service portfolio for Project Area Plan Adoptions and Amendments, including the preparation of all necessary documents, coordination of the efforts of Commission staff, special counsel, other project consultants, and preparation for and participation in community, Commission and City Council meetings. Tierra West will provide the following: 1. Detailed Parcel Level Field Reconnaissance/Blight Study -Tierra West will conduct a Blight Study, which will be documented at the parcel level with emphasis on remaining blight and the blight definition utilized at the time the Project Area was adopted. The parcel level survey will also incorporate data that will be helpful to current and future City Staff code enforcement efforts. To the extent possible, the data will be collected and displayed in a fashion compatible to the existing GIS System utilized by the City of National City. Tierra West has technical staff with extensive GIS experience (Blake Hopkins) who will incorporate the data in the appropriate GIS format for National City. Tierra West Advisors has developed a data collection system utilized in Los Angeles that has proven to be successful in legal challenges faced by the Community Redevelopment Agency of the City of Los Angeles (CRA/LA). Tierra West has combined this field survey blight form with its own blight form to incorporate additional blighting factors. Tierra West will use this improved upon field survey form during the blight analysis. Blight analysis will be quite extensive due to changes in the blight requirements for redevelopment plan amendments. To extend the life of the redevelopment plan a parcel level analysis of blight will be conducted for the entire Project Area and will pay particular attention to remaining blight within the Project Area. Specific research objectives of the blight analysis will include the tabulation of land use, building/property conditions, specific problems, historical assessed TIERRAWEST' ADVISORS 17 values, building code violations, crime analysis, hazardous material issues, lease rates, and assessment appeals among others. Blight will be documented with emphasis on identifying the need for the extension of the life of the Redevelopment Plan to address remaining blight. 2. Environmental Documentation- Coordination with the selected Commission Environmental Consultant - Tierra West will coordinate with the Environmental Consultant preparing the environmental documentation. 3. Preliminary Plan and Amendment Text for Redevelopment Plan - Tierra West will prepare Preliminary Plan, the amendment text for the Redevelopment Plan and the staff reports and resolutions for the Planning Commission and Community Development Commission meetings. 4. Taxing Agency and Public Notices and Consultations -Tierra West will prepare all taxing agency and public notices, and ensure that they are ready for transmittal in the time frames required by the CRL. Tierra West will coordinate the printing, assembly and transmittal of the required mailing if the Commission desires. Tierra West will work in a collaborative effort with the Commission's staff to consult with the San Diego County staff for this Amendment. Tierra West anticipates that the Amendment will require consultation meetings with County Administrative staff since the proposed Amendment will increase the life of the Redevelopment Plan. 5. Outreach Coordination - Tierra West assumes in this proposal that outreach efforts will be necessary for the Plan Amendment. Tierra West will provide advice and assist in coordinating meetings with interested groups and parties that actively opposed the previous effort by the Commission to reinstate eminent domain. Since the eminent domain amendment language for the redevelopment plan will not include authority over residential property Tierra West assumes a Project Area Committee will not be necessary. 6. Owner Participation Rules (Optional) - Tierra West assumes in this proposal that the Commission's Owner Participation Rules previously adopted for the Project Area will not need to be amended. The CRL requires that the Commission give preference to existing property owners and business tenants to participate in redevelopment activities. To accomplish this, the Commission adopted TIERRAWEST ADVISORS IF procedures called "Owner Participation Rules." Tierra West will review the existing document in consultation with staff and legal counsel. 7. Draft ordinance - Prepare a draft ordinance Amending the Redevelopment Plan for the City Attorney's review and completion. 8. Method of Relocation (Optional) - Tierra West assumes in this proposal that the Commission's Owner Participation Rules will not need to be amended. The CRL requires that the Commission adopt a plan that sets forth the procedures and benefits the Commission provides to any person or business that must be relocated as a result of Project Area implementation activities. Tierra West will review the existing document for possible modification. 9. Blight Documentation Reports (Preliminary Report, Housing and Community Development ("HCD") & Department of Finance ("DOF) Report and Report to the City Council) - Tierra West will prepare the required Preliminary Report, HCD/DOF Report and Report to the City Council. These Reports must include the following: a. The rationale for extending the power of eminent domain for an additional twelve years and extending the life of the redevelopment plan; b. Proposed projects and why private enterprise acting alone cannot accomplish; c. The reasonableness of the redevelopment project programs; d. Evidence of consultation with affected citizens, property owners, and taxing agencies; e. Compliance with the California Environmental Quality Act (CEQA); and f. An intensive analysis of the physical and economic blighting conditions present in the Project Area. These Reports form the basis for a defense against legal challenges, if any, to the extension of eminent domain authority and the life of the redevelopment .plan. The Reports also allows the Commission to evaluate the financial feasibility and desirability of the proposed redevelopment implementation projects and programs. Tierra West will prepare the Reports in simple, direct language that is understandable to all reviewing parties. TIERRAWEST ADV I S O R"S (c? The Reports will include, a blight map, detailed financial analysis of the anticipated tax increment revenue and blight documentation to justify the Amendment to the satisfaction of affected taxing agencies and other potential project opponents. 10. Joint Public Hearing Notice - Tierra West, in cooperation with Commission staff, will prepare the property owner, residential and business occupant, community organization and taxing agency address lists and mailing labels for the redevelopment project area. The public notice for the hearing will be posted in a newspaper of general circulation once a week for four (4) successive weeks. A copy of the notice of the hearing will be mailed (via first class mail at least 30 days prior to the hearing) to all property owners, businesses, residents and persons within the Project Area. A certified mailed notice of the hearing (via certified mail with return receipt requested) to the governing body of each affected taxing agency at least 30 days prior to the hearing. Finally, after the hearing and adoption of the amending ordinance, the ordinance should be recorded and transmitted to various government entities. Tierra West will assume the responsibility of transmitting these notices for a separate fee, if the Commission desires. The cost of the certified mailings to the affected taxing agencies and the required first class mailings to all property owners, businesses, residents and persons within the Project Area will not be known until the mailing labels are prepared. Tierra West will distribute twelve (12) project binders for the joint public hearing. Tierra West will maintain a binder that will serve as a document reference file for the adoption of the ordinance at the joint public hearing. The binders will contain all transmittals, maps, certified mailing receipts, and documents necessary for the City Council/Commission Board consideration at the joint public hearing. 11. Attendance at Meetings and the Public Hearing - Tierra West will attend all project management team/staff meetings, community information meeting, and Commission Board meetings. The number of meetings included is outlined in "Included Work Products." 12. Adoption Follow -Up - Tierra West will assist in transmitting the adopted ordinance to the newspaper for publication, recording necessary documents and TIERRAWEST ADVISORS '�d mailing necessary final documents to the State, County and affected taxing agencies. 13. Coordination, Scheduling and Preparation of Staff Reports, Resolutions and Ordinance - Tierra West will coordinate all aspects of the Plan Amendment process. Tierra West will draft all necessary staff reports, and resolutions. Tierra West will develop and maintain a detailed amendment schedule that outlines all required tasks, agenda deadlines, meeting dates and responsible parties. The amendment schedule will set a timeline that allows sufficient time for document review and comment. INCLUDED WORK PRODUCTS/PROCESSES Plans/Reports for the Project Area: • Preparation of a Preliminary Plan • Preliminary Report • School District Impact Report for DOF • HCD/DOF Report • Report to Council • Six (6) Staff Reports and the accompanying Resolutions • Draft ordinance • Response to Public Hearing Comments • Twelve (12) Amendment packets for the Joint Public Hearing Address Labels/Notices: • Property owner, occupant and taxing agency information for the mailings Scheduling: • Prepare, monitor and update the plan adoption schedule Coordination: • Coordinate collaboratively with the Commission's staff for the preparation of all documents; monitor and coordinate of the activities of the Commission legal counsel and the environmental consultant team. TIERRAWEST ADVISORS: Meetings: • The Project Manager will attend the following meetings for the Plan Amendment: Number of Meetings Staff/Legal Counsel Meeting/Taxing Agency 11 Commission/City Council/Planning Commission 3 Community Information Meeting 1 Public Hearings 2 Additional meetings will be charged on a time -and -materials basis at the hourly rates presented in this proposal. Tierra West anticipates completion of this project within 18 months of the date of this Agreement. Once awarded, Tierra West will prepare a formal project area adoption schedule in consultation with Commission staff. The environmental documentation and the plan amendment can be accomplished concurrently. rY..._...o.. Tierra West proposes to provide the Scope of Services, based on the actual time and materials spent for an amount not -to -exceed 5160,300 for preparation of the Plan Amendment. This proposed budget assumes that the Commission will enter into a separate contract with an environmental consultant to prepare the environmental documentation necessary for the Amendment. Tierra West is available to coordinate the hiring of an environmental consultant for this assignment. Tierra West proposes to complete this work on a time -and -materials basis at our standard hourly rate structure shown below. Classification Rate Principal/Director $195 Senior Associate $160 Associate/Acquisition Agent $140 TIERRAWEST'' ADVISORS 6 Senior Analyst $115 Analyst $105 Research Assistant/Real Estate Technician $ 85 Word Processor $ 65 Clerical $ 50 Reimbursables Cost plus 10% It is Tierra West's policy not to charge clients for mileage, parking, telephone/fax expense, postage and incidental copies. We do, however, charge for additional insured certificates, messenger services, overnight mail costs, and copies of reports, documents, notices, and support material in excess of five (5) copies. These costs are charged at actual expense plus a 10% surcharge. The following provides a detailed budget for the Tierra West Plan Amendment services and the initials in the detailed budget are abbreviations in the following budget tables for the members of the project team: •� s® N;.®.r -A •I •IJ')fil®i r .. t .id .;;.•o•r ■*4 M1 •%1. N- r a 1114.,e1 • ■•... •I •es TIERRAWEST' ADVISORS Task No. Scope of Service Stall Hours Rate Amount Subtotal Principal (MG) 60 195 $11,700 Taxing Entities Consultations, Senior Associate (RC) 15 160 $2,400 1 Outreach effort and Scoping Senior Analyst (ZU) 15 115 $1,725 Meetings with staff Analyst/GIS Analyst (BH) 30 105 $3,150 Research Assistant (AB) 5 85 $425 $19,400 Principal (MG) 10 195 $1,950 Preliminary Plan, Statement of Senior Associate 8 160 $1,280 2 (RC) Preparation, Staff Reports and Senior Analyst (ZU) 4 115 $460 Resolutions Analyst/GIS Analyst (BH) 6 105 $630 Research Assistant (AB) 6 85 $510 $4,830 Principal (MG) 40 . 195 $7,800 Parcel Level Field Survey, Senior Associate (RC) 24 160 $3,840 3 detailed Blight Analysis, data Senior Analyst(ZU) 70 115 $8,050 base devlopment, and real estate analysis Analyst/GIS Analyst (BH) Research Assistant (AB) 110 240 105 85 $11,550 $20,400 $51,640 Principal (MG) 6 195 $1,170 School District Consultation for Senior Associate (RC) 10 160 $1,600 4 Department of Finance Senior Analyst (ZU) 20 115 $2,300 Documents and meetings (3) Analyst/GIS Analyst (BH) 6 105 $630 Research Assistant (AB) 4 85 $340 $6,040 Principal (MG) 8 195 $1,560 5 Schedule and coordination with Senior Associate (RC) SeniorAnalyst(ZU) 10 5 160 115 $1,600 $575 CEQA Consultant Analyst/GIS Analyst (BH) 0 105 $0 Research Assistant (AB) 0 85 $0 $3,735 Principal (MG) I0 195 $1,950 Redevelopment Plan Textual Senior Associate (RC) 12 160 $1,920 6 Amendment, Staff Reports and Senior Analyst (ZU) 5 115 $575 Resolutions Analyst/GIS Analyst (BH) 10 105 $1,050 Research Assistant (AB) 5 85 $425 $5,920 Principal (MG) 6 195 $1,170 Mailing Labels for taxing Senior Associate (RC) 4 160 $640 7 entities, property owners and Senior Analyst (ZU) tenants for Joint Public Hearing Y 5 115 $575 mailings AnalysUGIS Analyst (B11) Research Assistant (AB) 15 20 105 85 $1,575 $1,700 $5,660 Principal (MG) 30 195 $5,850 Preliminary Report, Department Senior Associate (RC) 24 160 $3,840 8 of Finance and HCD Reports, Senior Analyst (ZU) 45 115 $5,175 and Staff Reports and Analyst/GIS Analyst (BH) 50 105 $5,250 Resolutions Research Assistant (AB) 60 85 $5,100 $25,215 Principal (MG) 20 195 $3,900 9 Report to Council, Staff Report Senior Associate (RC) Senior Analyst (ZU) 24 38 160 115 $3,840 $4,370 and Resolution Analyst/GIS Analyst (BII) 34 105 $3,570 Research Assistant (AB) 26 85 $2.210 - $17,890 Principal (MG) 12 195 $2,340 Community Information Senior Associate (RC) 10 160 $1,600 10 Meeting, Joint Public Hearing, Senior Analyst (ZU) staff reports and resolutions and Y 18 115 $2,070 PowerPoint presentations Analyst/GIS Analyst (BH) Research Assistant (AB) 10 0 105 85 $1,050 $0 $7,060 Principal (MG) 34 195 $6,630 Response to Joint Public Senior Associate (RC) 10 160 $1,600 11 IIearing Comments and Final Senior Analyst (ZU) 18 115 $2,070 Filings Analyst/GIS Analyst (BH) 20 105 $2,100 Research Assistant (AB) 6 85 $510 $12,910 'TOTAL I I I I 1$ 160,300 TIERRAWEST A D VISOR S ...x..a�oAoxVb �.mat* xsao... A. -A x.oh..... Tierra West is available to provide additional services to assist the City in conducting a public infrastructure inventory. Tierra West can assist the City in its efforts to address a lack of public infrastructure improvements that are affecting the Project Area. Tierra west anticipates collecting information regarding the condition of sidewalks, curbs, gutters, pedestrian ramps, street lights, street instructional signs, street patch/potholes, bike lane striping, and number of trees on properties. Tierra West will work with Commission and City staff to determine the format of the information to be obtained, the conditions to be surveyed and finalize the public infrastructure survey form. Tierra West proposes to provide these Optional Services, based on the actual time and materials spent for an amount not -to -exceed $4,045. PROPOSED BUDGET FOR PUBLIC INFRASTRUCTURE INVENTORY Task No. Scope of Service Staff Hours Rate Amount Subtotal Principal (MG) 1 195 $195 1 Develop form/revise blight Senior Associate (RC) survey form for conducting 0 160 $0 public infrastructure and public Senior Analyst (ZU) 1 115 $115 improvements inventory. Analyst/GIS Analyst (BH) 4 105 $420 Research Assistant (AB) 0 85 $0 $730 Principal (MG) 1 195 $195 Coordinate with Commission Senior Associate (RC) 0 160 $0 2 staff the data to be collected. Senior Analyst (ZU) 0 115 $0 Analyst/GIS Analyst (BH) 2 105 $210 Research Assistant (AB) 0 85 $0 $405 Principal (MG) 3 195 $585 Conduct the field survey and Senior Associate (RC) 2 160 $320 3 collect public infrastructure Senior Analyst (ZU) 7 115 $805 information. Analyst/GIS Analyst (BH) 8 105 $840 Research Assistant (AB) 0 85 $0 $2,550 Principal (MG) 0 195 $0 Revise the database and input the Senior Associate (RC) 0 160 $0 4 information obtained in the field. Senior Analyst (ZU) 0 115 $0 Analyst/GIS Analyst (BH) 1 105 $105 Research Assistant (AB) 3 85 $255 $360 TOTAL 33 $ 4,045 L► TIERRAWEST A D V I =S O R S c2 ••. x••rn oA.oxWo •+A Am -NOB. +•• stu... x•s Tierra West is also available to provide additional services to assist the City in conducting a code enforcement documentation that City staff can utilize for conducting code enforcement inspections and issuance of violations regarding the following code violations: • Lack of numbered address on residence • Temporary electrical power/lighting • Clotheslines visible from street • Driveway/private sidewalk damaged • Wall/fence/hedge in disrepair • Porch/patio/balcony not for storage • Occupancy of trailer outside of park • Do not obstruct public right-of-way • Move trash cans out of public view • Grass/weeds must be under 6 inches • Accumulation of rubbish on premises • Inoperative vehicles in public view • Auto repair business -residence • Excess noise from motors • Excess driveway width • No patio covers/tents in front yard • Carport structure must be compatible • Vehicle parking must be in driveway • Cannot store stuff in driveway/yard • Commercial vehicles stored on residence • Landscaping not maintained • Front yard fence height • Public view of chain link fencing • Garage must be available for parking • Wood surfaces not weather protected • Habitation of garage or shed • Vehicles with "For Sale" signs Lr TIERRAWEST ADVIS 0 R S Tierra West will work with Commission and City staff to determine the format of the information to be obtained, the code violations to be surveyed and finalize the format of the code enforcement forms. Tierra West proposes to provide these Optional Services, based on the actual time and materials spent for an amount not -to -exceed $6,620. PROPOSED BUDGET FOR PUBLIC INFRASTRUCTURE INVENTORY Task No. Scope of Service Staff Hours Rate Amount Subtotal 1 Develop form/revise blight survey form for conducting public infrastructure and public improvements inventory. Principal (MG) Senior Associate (RC) Senior Analyst (ZU) Analyst/GIS Analyst (BH) Research Assistant (AB) 1 0 1 4 0 195 160 115 105 85 $195 $0 $115 $420 $0 $730 2 Coordinate with Commission staff the data to be collected. Principal (MG) Senior Associate (RC) Senior Analyst (ZU) Analyst/GIS Analyst (BH) Research Assistant (AB) 1 0 0 2 0 195 160 115 105 85 $195 $0 $0 $210 $0 $405 3 Conduct the field survey and collect public infrastructure information. Principal (MG) Senior Associate (RC) Senior Analyst (ZU) Analyst/GIS Analyst (BH) Research Assistant (AB) 6 4 12 16 0 195 160 115 105 85 $1,170 $640 $1,380 $1,680 $0 $4,870 4 Principal (MG) Senior Associate (RC) Revise the database and input the information obtained in the field. Senior Analyst (LU) Analyst/GIS Analyst (BH) Research Assistant (AB) 0 0 0 1 6 195 160 115 105 85 $0 $0 $0 $105 $510 $615 (TOTAL 54 $ 6,620 PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES Community Development Commission of the City of National City staff the opportunity to address any issues with the proposed schedule at the beginning of the Project. Tierra West proposes to attend all planned community meetings and workshops proposed as part of the scope of work. Tierra West views the community meetings to be vital to the success of the Amendment. Mike Garcia —Principal, will manage the assignment through its completion and will act as liaison to staff for continued communication and will be directly performing and supervising most of the activities and tasks to successfully complete the Amendment. The team identified for this assignment will be lead by Mr. Garcia and will be assisted by Regan Candelario - Senior Associate, Zoe Urrutia - Senior Analyst, Blake Hopkins - Analyst and Alexandra Bassanetti - Research Assistant/Real Estate Technician. Due to the parcel level field survey required for this assignment, Tierra West will utilize Research Assistants who will undergo extensive training for conducting the blight field survey work. The blight survey will be led by Zoe Urrutia and Blake Hopkins who will supervise the Research Assistants to ensure high quality results at the lowest possible hourly rates. Tierra West is currently in the process of hiring four (4) part-time Research Assistants for field survey work. Tierra West is organized with a team oriented focus. Tierra West's team approach is committed to support and provide cooperation amongst the team members. The assembled team for this assignment will meet regularly and keeps in contact via email to discuss projects and special cases on a daily basis. Since implementation of SB 1206 very few redevelopment agencies have handled plan amendment processes that required new blight findings or the required reports to the State Department of Finance and the Housing £t Community Development. Department. Tierra West is currently providing plan amendment services for the Cities of Bell Gardens, Commerce and Guadalupe that will follow these new requirements. Tierra West also recently conducted an extensive amendment to add territory, reinstate eminent domain and increase the tax increment limit for the Azusa Redevelopment Agency. During these recent plan amendment processes Tierra West has established a good working relationship with the State Department of Finance as well as established a successful process for working with School Districts and v TIERRAWEST ADVISORS PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES Community Development Commission of the City of National City Educational offices that must be consulted with for the Department of Finance Reports. This relevant recent experience will be extremely beneficial in completing the Amendment. Mr. Garcia has provided redevelopment plan amendments and adoptions for numerous redevelopment agencies throughout California since 1998. Mr. Garcia's experience and knowledge of the CRL has assisted to shape the most recent significant legislation for redevelopment, Senate Bill 1206. Mr. Garcia was invited, as an expert on California Redevelopment Law, to speak before the Senate Judiciary Committee on behalf of the California Redevelopment Association to suggest modifications to the "metrics" initially included in SB 1206 as proposed by Senator Kehoe. Mr. Garcia's experience with Plan Amendments/Adoptions was vital in the decisions made by the Senate Judiciary Committee and the Senate Committee on Local Government regarding changes to blight documentation for redevelopment project areas. Mr. Garcia is bilingual. RESUMES OF THE. PROJECT TEAM, A FIRM PROFILE AND A COMPLETE LIST OF SERVICES OFFERED BY TIERRA WEST ARE ATTACHED TO THE PROPOSAL. REFERENCES The following is a partial list of current references from cities and redevelopment agencies that have commissioned the principals of Tierra West for assistance with economic development projects and programs. City of Azusa Redevelopment Agency Contact Person: Bruce Coleman, (former Economic Et Community Development Director now with City of Murrieta) 909.557.7660 — cell phone City of Bell Gardens/Redevelopment Agency Contact Person: Carmen Morales, Interim Community Development Director Phil Tillman, Senior Redevelopment Project Manager 562.806.7725 v TIERRAWEST ADVISORS PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES Community Development Commission of the City of National City City of Commerce/Community Development Commission Contact Person: Heriberto Valdez, Redevelopment Manager 323.722.4805 The following is a list of previous cities and redevelopment agencies that have commissioned the principals of Tierra West for redevelopment plan amendments and adoptions. Cities Azusa, Bell, Bell Gardens, Brea, Burbank, California City, Carson, Covina, El Cajon, El Monte, El Segundo, Fontana, Guadalupe, Hercules, Irwindale, La Quinta, Lawndale, Lake Forest, Los Angeles, Montclair, Rohnert Park, Sacramento, San Diego, San Gabriel, San Marcos, Stockton, Westminster, West Covina, West Hollywood. County/Regional Agencies Orange County Development Agency and Inland Valley Development Agency �TIERRAWEST ADVISORS , 36 RESUMES PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES Community Development Commission of the City of National City MICHAEL GARCIA 1 Principal Michael Garcia has provided coordination of real estate and redevelopment consulting projects ranging from redevelopment plan adoptions and amendments, bond financing consultant reports, multiple property acquisitions, analysis of large commercial and mixed use residential projects, providing housing rehabilitation coordination, and the drafting of DDAs and OPAs. Mr. Garcia's recent program experience includes the Cities of Bell Gardens, Burbank, Commerce, El Cajon, Huntington Beach, La Quinta, Los Angeles, Monterey Park, Pinole, Piltsburg, Rohnert Park, San Jacinto, San Pablo, Stockton, and Upland. Mr. Garcia is bilingual. Education Master of Public Administration - Urban Nanning and Management California State University, Fullerton Bachelor of Arts - Political Science University of California, Irvine Professional Affiliations City Councilman City of Santa Ana (2002-2006) City Human Relations Commission City of Santa Ana (2002) Board of Youth Council - Santa Ana Workforce Investment Board (2000-2002) Executive Advisory Board - Santa Ana Unified School District Regional Occupation Program (2001-Present) California Redevelopment Association Urban Land Institute Licensed Real Estate Salesperson - State of California (former) University of California Irvine School of Social Ecology - Guest Lecturer California State University Fullerton School of Social Sciences - Guest Lecturer aS V TIERRAWEST ADVISORS 31 RESUMES PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES Community Development Commission of the City of National City REGAN CANDELARIO / Senior Associate Regan Candelario provides experience in redevelopment, economic development, downtown development, community outreach and housing. The community outreach and stakeholder identification programs for both residential and business leaders are highlights of Mr. Candelario's expertise. Mr. Candelario also provides redevelopment reporting assistance, housing policy and program development services, real estate analysis and interim staffing services for clients in the Central Coast of California. Education Master of Public Administration with a concentration in Urban Affairs Graduate Center for Public Policy and Administration California State University, Long Beach Bachelor of Arts in Liberal Studies/ Geography California State University, Long Beach Professional Affiliations City County Communication Et Marketing Association (3cma) Community Development Resource Network National Association of Housing and Redevelopment Officials (NAHRO) California Redevelopment Association (CRA) TIERRAWEST ADVISORS 31„ RESUMES PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES Community Development Commission of the City of National City ZOE URRUTIA / Senior Analyst Zoe Urrutia has participated in many aspects of real estate and redevelopment consulting projects, in particular in affordable housing projects, providing analysis for home ownership projects, housing authority studies, inclusionary housing nexus studies, and designing down payment assistance programs. In addition, Ms. Urrutia has provided assistance in coordinating redevelopment projects including, plan amendments, implementation plans, and has prepared Housing and Community Development Department annual reports. Ms. Urrutia's most recent project experience includes the cities of Arroyo Grande, Azusa, Bell Gardens, Commerce, Hesperia, Glendale, Rancho Palos Verdes, and Upland_ Ms. Urrutia is bilingual. Education Master of Arts, Public Policy Claremont Graduate University Bachelor of Arts Political Science and International Development Studies University of California, Los Angeles Professional Affiliations California Redevelopment Association Member TIERRAWEST ADVISORS 3. RESUMES PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES Community Development Commission of the City of National City BLAKE HOPKINS / Analyst Blake Hopkins has planning and redevelopment consulting services for redevelopment plan amendments, affordable housing projects, analysis for home ownership projects, and advance/current planning assignments including, plan amendments, implementation plans, and has prepared Housing and Community Development Department annual reports. Mr. Hopkins most recent project experience includes the cities of Bell Gardens, Hawaiian Gardens and Long Beach. Education Master of Arts, Planning University of Southern California Bachelor of Arts, Political Science University of Oregon Professional Affiliations California Redevelopment Association Member V TIERRAWEST ADVISORS 3q- RESUMES PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES Community Development Commission of the City of National City ALEXANDRA BASSANETTI / Research Assistant - Real Estate Technician Alexandra Bassanetti has provided research services for redevelopment plan amendments, implementation plans, and real estate economic studies. Ms. Bassanetti's most recent project experience includes the cities of Bell Gardens, Hawaiian Gardens and Long Beach. Professional Affiliations California Redevelopment Association Member 4 TIERRAWEST ADVISORS 3g TIERRA WEST PROFILE PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES Community Development Commission of the City of National City FIRM INFORMATION Since 1980 John Yonai has operated Tierra West Real Estate Consultants providing professional real estate consulting to corporations and private entities. Previous assignments included corporate real estate planning and long-range projections, asset management services for large commercial office projects, financial and property management oversight, coordination of negotiations to acquire property through purchase and by leasing. John Yonai previously served as the Partner in charge of real estate at a Southern California redevelopment consulting firm for 16 years. In September 2006, after 16 years, John Yonai decided to leave and expand the services and scope of Tierra West Real Estate Consultants. At this point Tierra West Real Estate Consultants brought on partners and reorganized itself as Tierra West Advisors: Tierra West is comprised of ten (10) experienced professionals: John Yonai, Principal Michael Garcia, Principal Louis Morales, Senior Associate Regan Candelario, Senior Associate Blake Hopkins, Analyst Tim Mulrenan, Principal Rose Acosta, Principal Walt D. Lauderdale, Senior Associate Zoe Urrutia, Senior Analyst Alexandra Bassanetti, Real Estate Technician Tierra West focuses its consulting efforts on the following services: • Redevelopment Planning: o Required reporting requirements - Five (5) Year Implementation Plans, Ten (10) Year Housing Compliance Plans, annual statements of indebtedness, State Controller's report, monitoring deed restrictions and annual Commission budgets o Redevelopment Plan Amendments and Adoptions • Real Estate Economic Analysis / Economic Development Plans and Strategies • Housing Program - Development and implementation Planning - Current and advanced planning, assisting private clients with entitlement • Financial Consulting - Bond issuance consultant reports • Real Estate Acquisition • Governmental Services - Classification/compensation surveys and analysis, Parks Master Plan analysis V TIERRAWEST ADVISORS TIERRA WEST PROFILE PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES Community Development Commission of the City of National City • Interim Management and Project Management Staffing Tierra West's insurance coverage includes: Commercial General Liability - Each Occurrence $2,000,000, General Aggregate $4,000,000 Automobile - Combined Single Limit - $2,000,000 Workers Compensation and Employers Liability - Each Accident $1,000,000 Commercial Errors Et Omissions - per claim Et Aggregate $2,000,000 Tierra West's contact information is: Tierra West Advisors, Inc. 2616 East 3rd Street Los Angeles, CA 90033 Telephone: (323) 265-4400 Facsimile: (323) 261-8676 Electronic Mail: infoatierrawestadvisors.com Tierra West is a minority owned business enterprise. v TIERRAWEST ADVISORS 37 LIST OF SERVICES PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES Community Development Commission of the City of National City SERVICES OFFERED BY TIERRA WEST Tierra West provides variety of real estate and financial related activities including, real estate economic analyses, acquisition, developer negotiations, economic development strategies, redevelopment plan amendments and adoptions, 5 year implementation plans and 10 year housing compliance plans, Statement of Indebtedness and other reporting requirements, fiscal consulting analysis for bond issues and budgets, and related planning services to our clients. Many of our clients are established public or quasi public agencies that are attempting to be more effective in asset utilization to assist in revitalizing specific areas to provide employment opportunities, affordable housing opportunities, create aesthetically pleasing and community sensitive developments, that assist in generating additional revenues to the Commission. Tierra West's differentiates itself from other consulting firms by focusing on implementation skills that extend through the complete project cycle: acquiring property, issuing Request for Proposals (RFP's), selecting developers, negotiating development agreements, reviewing developer financial projections and preparing proformas for project economics. The following are the services offered by Tierra West. IMPLEMENTATION AGREEMENTS Development Planning and Analysis Tierra West is available to provide development planning and analysis for specific project undertakings. Typically, this would involve preparation of a Design for Development for adoption by the City that sets the basic parameters for proposed development. The options available to the City for development of a specific site can be analyzed to determine the optimal outcome and a recommended project. Development Pro Forma Analysis/Negotiation Tierra West is available to provide project financial proformas for potential redevelopment projects to assist the City in determining the financial viability of a project and determine the degree of participation which may be required by the City. Tierra West is also available to assist with developer negotiations as needed. TIERRAWEST ADVISORS 3� LIST OF SERVICES PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES Community Development Commission of the City of National City Agreement Preparation Tierra West is available to assist City staff and legal counsel in the drafting of agreements (typically, Disposition and Development Agreements or Owner Participation Agreements). These agreements outline the responsibilities of both the proposed owner/developer and the City. Agreement Processing Tierra West is available to prepare the back-up materials, agenda staff report, and summary report (required by redevelopment law) and assure that proper noticing and hearings are held in conformance with law. AFFORDABLE HOUSING PROJECTS Comprehensive Strategy Tierra West is availahle to assist with the preparation of a comprehensive affordable housing strategy. This could be done in coordination with the updating of the Five -Year Implementation Plan. Specific Project/Site Identification The City has specific requirements to rehabilitate and develop new affordable housing. It may behoove the City to identify specific projects and sites that could he utilized for this purpose. Developer Selection/Negotiation Tierra West is available to assist in the developer selection process, as well as in negotiating terms and agreements for future housing development. Financing Tierra West has a background in developing various financing alternatives, making use of low to moderate housing set -aside funds, tax allocation bonds, tax credit opportunities, and other revenue bond formats to assure the most efficient and effective way of leveraging City funds for the development of housing. 411 v TIERRAWEST ADVISORS 3�' LIST OF SERVICES PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES Community Development Commission of the City of National City REAL ESTATE SERVICES Property Management If needed, Tierra West is available to provide property management services for City -owned properties. Typically, Tierra West has provided interim management services when either the property will be held for only a short time, or when time is needed to select a long-term, permanent management company. Property Acquisition/Negotiation Implementation programs frequently require property acquisition and negotiation services. Tierra West is available as needed to provide such services. All services will be provided in conformance with State guidelines regulating the acquisition of properties by public entities. Relocation From time to time, relocation services have been required, and although Tierra West does not directly provide these services, Tierra West has contracted with, and overseen the work of other specialty relocation consultants and can continue to provide this service. PUBLIC AGENCY ADMINISTRATION Agenda Materials Tierra West will draft resolutions, reports, notices, plans, agenda staff reports, and back-up materials as requested by City staff. Meetings Tierra West staff is available to attend meetings of the City Council or Board of Directors of the Commission, Housing Authority, Planning Commission, project advisory committees, and meetings with property owners and residents, when necessary. Tierra West has a track record of developing good working relationships with both affected citizens and with staff members. TIERRAWEST ADVISORS 40 LIST OF SERVICES PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES Community Development Commission of the City of National City General Administrative Services Tierra West is available to assist the City with all other administrative matters on an as -needed basis. These services could include assisting with City filing document control systems, providing specialized services related to real estate appraisals, acquisition negotiations, relocation, market analysis, detailed development analysis or goodwill appraisals. Tierra West may not directly provide all of these services but could assist by identifying those consultants who have experience in the necessary areas of expertise and coordinating the provision of their services. REPORTING REQUIREMENTS Annual Budget and Work Program Redevelopment Law (HSC Section 33606) requires all Redevelopment Agencies to prepare an annual budget that includes the proposed expenditures, proposed indebtedness, anticipated revenues, and a work program for the coming year, and an analysis of prior year accomplishments. Tierra West will utilize information from the City budget to prepare the annual budget to comply with Redevelopment Law. State Controller's Report If needed, Tierra West will assist staff in preparing this required report, particularly the Housing and Community Development portion of the report. Statement of Indebtedness Tierra West is available, if needed, to assist with the preparation of this document, although likely this has been, and will continue to be done by the City finance department. Monitoring Deed Restrictions Redevelopment Law requires the Commission to expand and improve the supply of affordable housing and to record deed restrictions to assure continued income level compliance. Tierra West is available to monitor these deed restrictions on an ongoing basis. v TIERRAWEST ADVISORS 4/ LIST OF SERVICES PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES Community Development Commission of the City of National City SPECIAL PROJECT ACTIVITIES Economic Development Strategies Economic Development Strategic Plans are important for addressing public infrastructure deficiencies, land use issues, business retention/attractions programs, streetscape programs and other projects that could be impacting business growth within the city. Cost Benefit Analysis/Economic Impact Analyses Tierra West is available to aid the City in analyzing the costs and benefits of specific development proposals targeting specific users, and to help create an economic development program which is beneficial to the Local tax base. Implementation of redevelopment plans should be accomplished in such a way as to promote economic stability and future revenue flow to the City and other taxing entities. With periodic slowdowns in real estate market activities, it is necessary for redevelopment agencies to take a lead role in promoting local economic development. Specific Project Activities As necessary, Tierra West is available to analyze specific projects, develop schedules and budgets, and prepare necessary documentation. REDEVELOPMENT PLANNING Feasibility Studies Redevelopment project area formation is an expensive and time consuming process. Before initiating a plan adoption, amendment or merger, we work with our clients to conduct a preliminary analysis of the financial, legal and political implications. Property Tax Increment Revenue Projections Tierra West Advisors prepares tax increment revenue projections that outline anticipated housing set aside deposits, taxing agency payments, administrative costs, non -housing project funds and bonding capacity. V TIERRAWEST ADVISORS LIST OF SERVICES PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES Community Development Commission of the City of National City Redevelopment Plan Adoptions, Amendments and Mergers Tierra West Advisors brings several years of experience adopting, amending Et merging redevelopment plans to implement community development. housing rehabilitation, commercial revitalization, hazardous material rcmediation and other programmatic goals. Project Area Committee and Community Outreach Stakeholder support for redevelopment is more essential today than ever before. Tierra West Advisors can coordinate, participate or lead community workshops with residents, property owners and businesses. Implementation and Housing Plans Tierra West Advisors prepares a wide variety of planning documents required by Redevelopment Law including five year implementation plans, replacement housing plans, housing compliance plans, annual reports and relocation plans. �TIERRAWEST ADVISORS From: Danny Fulkerson To: 16193364327 Page: 7/7 Date: 1 /27/2010 9:44:13 AM • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 0 N n 0 1-1 CO 0 2616 E 3RD ST a LOS ANGELES, CA 90033 We have the right to recover our payments from anyone Liable for an injury covered by this policy. We wilt not enforce our right against the person or organization named In the Schedule. (This agreement applies only to the 0 extent that you perform work under a written contract that requires you to obtain this agreement from us.) 0 Policy Number: 72 WEC LP5008 Endorsement Number: 01 Effective hour is the same as stated on the Information Page of the policy. Named insured and Address: TIERRA NEST AmustIRs. INC. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in Me work described in the Schedule. The additional premium for this endorsement shall be premium otherwise due an such remuneration. SCHEDULE S % of the California workers' compensation Person or Organization Job Description The City of National City, its elected officials, officers, agents and employees and the Community Development Commission of the City of National City 1243 National City Blvd National City, CA 91950 Countersigned by Form WC 04 03 06 (1) Printed in U.S A. Process Date: 01/26/10 Authorized Representative Policy Expiration Date: 08/15/10 TIERWES-01 FUDA. ERTIFICA RODU,F-ER -... rett0aster B;Assoctacs Box ii02 6 51Nolder tree) .Sujte 350. YPre'ss, CA 9Cf63D= VSTIHED TIO,Ta Iff Advisors, Inc. 2Ei1$ E �`8id�t Los Angeles;. CA 90033 OVERAGES > 0):344322 F LIA tl .... Ii\ISURANCE O7E004WY m, 12/15?ORs RTtF € S 1S3 3EB AS�RitfiTTER QF1'lFORM909iD NLY AND -C9NFEEIS so :,RIGHTS :UPON THE CERTIFlCATE HOLDER,;,TIi S CERT1 flE DOES NOT AMEND ExJ p4D $lt, ALTER;7f.IE tOYF(2i� AFFORDED,BY,.TNE.POL ES $ELOW.:- INSURERS;AFFORDi1$1G CciVERAGE 'ItV q Tt)e;I1�ltfor l irlstra Ce Grtrit�5. `.. ir+sl wEa s Scctitsdale_ Cns ranee Co iip� ny nsunERc' NAfC# 29424 INStimERD THE PDLICiFs O INNsflAf cE usTDoELON(k wf EEN ISS EED TO THE INSURED N/(MEO ABOVE FO[t r8eyo,pe PER)OD;tNDiCATEO-,NOTiNITf15TANDING MAREQU)[{EM1JJM�E�N1`, TERM. OR CONbTTION OF # Y•RACT OR OTHER TiOC41MENT WITH ESPECT TO WHICH tt is CERTIFICA [E MAY BE 1Sg1ED Oit Y-PERrktt, E INufiURAkiCE AFFCIRDED BY THE POLRtiES pESCRIBED IIEREIN 18 SUBJEC'T'TO ALL. T {FITA MS 'FXCLDSIONS AND CO(i[)m )NS 9F St7�f1! PkLiCfEs lGGREG{UElltihiTS SHOWN MAY HAVE BEEN RtDUCED BY ?Aid CtAI MS, TR pISRD A C _:.TYPEOF INSURANCE:> GENERIILLVeICtty- x �9FAf ERGIALiE1NER L.LIABiLITY fuvMSIA 1 x IpccIR GENl-AOGREDA$C.3MrTPFPLJES PER: X �POLT&T! ilia ` AUTOhic_;30 LIABI115. ANTAUTO x ALL_OWTEE) AUZTOS. SCtILr i F13PUTOS HIRED AIrJOS `,2.fl-0„'J_NED.AUTOS GARAGE;LIABILITY ' .ANY'AUTO. WORKERBCDMPENSATIGII; AND EMKTVI AAOL 1Y YIN .ANrPROE—R 1= RAFXECI7t1VF' orrKERlMEMCEIT.EI ` ULIETT? =.l,M.6ditorfiir_1ij S'eOgui at Yr - . 'SPECIAL-PR0V1BION 'f ci .. -OTHER -I POLICYNUKIBER .: 72`SBANU9848 72SBAN119848; 72WECLP5008 B Gornrtiercial ,rrdrS $Omissions EICS3008178 8%15)2b49. 8L45 ? 1b BESCl IPTTON 0J' PFRA110NSjLUCATIONS f VEHCLES r Er(CLUSONSADDEU BY ENDORSEMENT 1 SPEdAI. PROVISIONS 10 day'notice of'cancellation-fornon<p'ayment of premium. P,OL.ICYEFFE0Th1E: POLICYEXPIRA'nON DATEIMMIDOIYYYYT DATE IMMIDUNYYY) B/1512b09 811512009. 8H 51201`0 B clal t~rrors-f _.O . i$Si99s EKS3008178 011$/2009 8115(2R10. IMrm E+C1°Ctlf?r cE PREMlsEstEa gccuerlcei MIEDEXP I<,41Yu09 PAIM.R); 2; 00,000 300,000 10,000 PERsol LL,$ppV avAowY... °CENERALAOGIIEGATE PPcaJcTS On9'!GP AGG COMBINED 81NG1-E LIMIT: IF. 2,O,ti0,000 QQq QOQ 4,Q00000 2,000,000 BODILY I}VJURY iPeePArkYI1 BDo4YINJURY PROPERLY OHMAGE (F.w acxAtleri) ::: . ONLY -FA,.CCIOENT OTHER?L{hN 'FARCC ANTOOFL'Y A - X J? i2YLf ITS Et;-AcHAGCIL{EI'IT s 1,000,00 ET- DISFAu EA L€ PL0 E $ 1,000,000 .E:L DISEASE' -POLICY LIMIT i,, 1,000,000 O1H- ER: PerCjalRl3-Jlggrcgatc 2,000,000 Cjairns` Made:Forn, , ..etention-S10,000.'OM the City of National-itY,'its electod officials,. officers,agents and employees are named addtionaTinsured per -attached SS 0008,0405. CERTIFIGATE''HOLDER City of tNationai City Attn:' CityAttorneys Office 124 Natrona) GityBlvtl National City, -.CA S1950- i ACORD 25 (2009101) CANCELLATION "SHOULD TIIPBBOVEDESCIjIBEDPOLICIESBE CANCELLED BEFORE THEEXPIRAT16N 0ATET4REOF THEISSUWC WSURERWILL ENDEAVOR 1'64mi 30 DAYS WRITTEN ,NOTICE TO THE CERTIFICATE HOLDER: NAMED TO THE LEFT, BUT.FAILURE TO DO SO: SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KWO UPON THE INSURER, rrs AGENTS OR -REPRESENTATIVES BHDIOR4ED REP.RESEirixaw. 0-1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks ofACORD 1_6j When You, Are Added As An .Additional Insured Tay, Other Insurance" _ 7fi at is h r insfrratide mailable to you nnvering liability for, damages arising " out of the premises or §perat tins., or products and _eampleted; operations -or which yorr :have been added as'ao aduitional insured by that uisui"anoe: or (7) When You Add Others As An AilditrQr ai Insured To This Insurance That is ether -insurance . available to on addiionaFrnsured. Ho v r,.:tile folloyttiig pirwistons aF Iy `to =other. insurance avail le t4 al>7l Pnrsvn;'br .orgarnzatiiln whit is :an Agate, naf insured underthis :Coverage Part: {a) Pximaty lt:isirance Required Rj/figntract This: insurance.''is pijmary, tf yori have. agreed in, a wrfle_it; contract; wntten agreemen# or permit tat. this insurance lie pnmaiy tf otite"r- insurance is a1aro priri€iarjt, we will "share with all that other insurance by #ha"` mQthodi descrif ed in + (bl. P*'inia_ ' And Nett-Contriblitory Tit :Other: Insurance When Required By"Oontract If you; have -rootorpst in a wnttef 'ileac, written agreoiiieiit rsr perrhit-that this insurance `is primary and non=contributory with the additional: insureds own insurance • this inssltr, Ole i parlay and we Will not...seek,: oorrtribution. from 'ttrdr 'other ariSurattee. Oaregraohs tat and,(b) do ttv_t Oat yIo otherihsuirance to whic_Ii th addittr3nal insured has been; added- as an addittonafansured. When this insurance is excess, we Will have no duty under this Coveroge Part to deferlt the insured agatrfstany "snit" ifantiy other insurer has a duly to defend the insured against_ that "suit". If no other insurer defends; we will undertake to do so, but: -we `II be entitled to the•insured-s rights agairist,all those other insurers. Form ASS 00 08-04-05 miti_N s$,LIAS,1LlTY VP,F3AGE FDL M Atien'this insurance" is- excess:`o'ver other tnsttrartce, we',u tit pair linty o sitars uT the i mount "of the loss, if ";arf . that • c(eefts °the"sale ot: •(1) The total- ainount that all Stith other insurancewriould pay -ter -the rlossIrt the absence bfttiis instrranoe, and • (2 .. :pit.- total '©f ail deductible: MS -tired anieunts :under ell rthat- tither•insurance., w A stlariv " tgr0, !rur]g ass 7i any�,w44 ny, ether Uflr That is het described in #tiffs Ucr�rts 1a ttrartt pt vt ton a tit tas,fiot bought-speci tiy to apply in excess W the -...Limas of Insurance shown in the Declarations 0f thiscoverage-Part c. Method Vf:"haring if all the other insurance ,permits •contnbutr6n 1 y equalsf tares We *rill follow " this meth©d also_ • 110.0 hits pprnaeh, cacti insurer eorttnbutes. equal atrhounts until it hat _paid ifs appbcable limit, of insurance or -none of ;the- teas remains; whichevercomes #irsC ItOnyr;efthe Other insurance doe,S riot penrut • ;Inbution ty" eyuaf: sha We ryil c irttdbuteby limits ..0 hderthis rieethod, each insurer's share is based on the ratio of its applicable Init of ins"uran e to the total 'applicable Itaa infinturence ?illinsurers 8. Transfer Of Rights Of 3ectivery" Against Other`s Tit Os a Tr-ansf�r Jf I i# & OfgRecover r tf Ahe insufetl has ingots to m over aU nr part of any paymentx including Supplementary Paytnents,we have made under this Caver'age Part those lights are transfeired to tits ;the insured must to nothing after'.Jgss Ito impair them At"our' -request this insured Witt, bang "suit" or:. transfer t use, ri bts -.to us and help us - :enforce them.. This- condition does " not oppfy olltediit t t_xpenset Cgverage. b. Waivef Of Rtgtrts l f Recosty IWaiver .Of Subregat ah) if fhe insured;has waned any tights of recovery against any parson, or ordanizatiori for all Qr part qT any payment, ,including Supplementary Payments, v+e .have made underthis Coverage Part, we also waive that right, providedtheinsured waived their rights" of recovery against .such' person or organization in`a"contract, agreement or` permit that Was executed prior e the 1E11ry ordarrfage. Page i 7 of 24 BUSWEaS LiABILITY COVERAGE FORM E PPTIOtVAL" AOD)TIt Ni4L' COVERAGES )f listed•or slioyvn as appl cable.in; he p P,IPSativn one or' aware of lt'e following "Opttonal,Addahorlal •• apply " When any of these Option I A(ldttional Insured Cov rages apply, • Paragraph . "(Addifiotrai Insureds When Required• by Written Gontracl, Witten=Agreement or• Permit) of Section it . Who fs n insured, does'.rrot apply to ttte person or " t atlaatrotr show) in the • Declarations These,poverage$;,are subject fo the terns anti, :tOndition's-:•appiiicab a tit ,'Business Liability Coveiage in this policy, • except ::as provided below;; , 4 Arciittonal Insured Designated Person • Or (7rgart100,on Vt1EK (S- 4N Section arl'terlcted to ir)clude as an :Addaionai insured' to pers45r(s). ar nrganizaUQ_n(s) show 10. file Declara}aiti , but'only with respect [o liability for "bi3rfily_ rttjury" i'pnoperty dari'iage" " of "personal • and" advertising n)ury" caused,,, in whore or in part, by your loots or "omissions or the acts or'.onnssions of those acting on your behalf_ a. • In the` perfoirnance of your ongoing operations;; or b { In t net iron 4ttur premises okvnod by b Tented to you': 2. Additional Insured` - .Managers Or Lessors Of Premises - IMP .1S AN • INSUREO ticfder S io4i C. is atrterlt d to Iij( IUr1 as ati adds nal insured The personas) or-organization(s)shown in_the Declarations an Addiiional insured Oesrgnated Person or'Organiz"ation, fait Qh r withspecoahly" *sing bt ee owtiership,'niainfenance or case otthat.part'r f the premises: reasen to and shown inane Declarations. p With respect Ili. the isurani a afforded to " ze adddianal " instrreils the following additional 'ektitfsions,adgilst This insurance does not`appty to (1) Any "oceurrence" Wn)ch takes place a""tter you cease to; tie a tenant in that premiss; or (2) Structural alterations; new constwction or demolition operations performed by or orr, behalf of such per-son;or frganizatiori. 3. Additional Insured LOrantortif'Franchise W./0 is AN4S1c0Eb uncle[ edtroit C is ai ended g" inclu e asar additrot aj insured° thie Personzatio`n(s1 tit`own, in the teclarations as "=an .dditional :insured Grantor Of Franchise but:anly With iespecl to, t t!lY .... VO Q.. c .r 1241 tt 4 yvu. ttserrGabi as t r fffan s t 4. Additional Insured L'essbr t=eased Equipnrartt a: WI-1O:!IS AN INS[ RED tinderSe ioi1 G, is arneixjded to %"inotgde;` s PP, 4flittiriPI insured the pgCsrpnfs); 4r organization(s^) shown,in tare C eefarations as an Mddronal Insured -z 1 Pssor of Leased Equipment, but only, •with respecl1o'liabilityforilied ly inju►y", "ttP?rty damage° oi`; "personal and advirrtisirig arijjuif pausddr ail l,1 QJe;,0.r Sit parC t}y ,Qur"JLat'aged ce, d rair i:nr use ;ef equipment leased 4 you by Such peison(s)•or>argariiza1ion(s): " b lntith resjDect tQ the insurance' afforded:fb these: a i I tion al insureds; _this insurance does -not apply to any_ orc,Tr'retrce" vwhict takes; place; after kiou lease tq-,lease ilia equipment: 5: Addingri l Insured - Owners =or Otter. Interests,: " From' jlWhom Land Has" Been Lirased a Wr1O IS AN INSU ED'underSec ion 0.1s amended to include tas art additional lnsureri the,person(3 or oiganizatton(s) sf Wn rr? th Det atii its $ att..:ta-i(ional ln;ured = Qw hers Oi Otf & iirtefestf r Sm Whom"Lane `Has• Been Leased but_only With respect to ItabiIay arising eut qt the, wnershi i maintena ride or utse _ofthat,pa,t ;of the land leased to you and shown ,in "the Declarations.: b: W ib respect:to the insurance afforded to these .additional jnsureds., tale to114wng addition)) e0tclusjdns'.aPpl„ Ttiis insurance does -not applyto: (1) Any "occurrenceo lth " at ; Kes • place atr lr eou" cease to lease at landbi (2) ;structural alterations, new; construction or demolition operations ppeearnn oerdo_bnozratnionn_behalf • of such 6. Additional Insured • State Or Political Subdivision =Permits a. VIA-l"O IS AN" INSU#7EDMaderSection d is amended to inctucIe: as at additional sisrired the -rate b',t political ,subdtviswn shown, in theDectarations as art -Additional Page 18 of 24 Farris SS 00 08:t14 05 Insured State Or.Political Subdrvtsion Vet, s. but. Ai r_ Yttttr fespect to , opera'tigih5 perforrecl by yYiu bt bti your . betkatf for WO ch the -slate or pohtteal uidrvis,on has sued perms.; itfr tesppct io,the msurance,affonded to t se `:ocldtttoi t (nsufesis, the ;following"• .iq'naf exokiV4 seta y= TKO iftSuranc hoesriotappiyto: (1) 13oddy injury", l'properfy damn e`' dr. "personal :and ,adverb ing ant " arising gut of operations perI finned for titestate grin iritppalit ; i%r (2) B }dtly inlu y" of propefty darpa9e included in the ;"prodiuct-tompie)ed bpor`aLdils" hazard,, 7". Additional trfsur_ei V/,endors, a; 1 o'73_,01,p AN INSURED=under Seetton kamended tq it fide: s; an Jdrfibrial • insured the pe"ron(s7 or oygan,za`tict"rt(s) ktefeffett to below as uentle4thbwn'iri the I)eciarations as an .i dditibnal "Insured - •Vendor, but die* vith, iespedt io "botli(y 7nluty." nr "property damage" arising out of "your -products" wF.ich are fitstnbutid"or Svld in .the Tegufar course ofr. the, verxln.?s business antlrbiily if lfns trblielg e. Part provides coverage for "bodiIy;, njury' :or "propo,ty dan9" included Niithin the - "prddQcts complepd oeratiarts hazard"_ ` b, Ttte; :insurance; :afforded to titre ignitor<' is rublesftolhe folteW4:1 idrfidaal eitele4ions: : (1) his ansurance4Joes not,apply to (a) "Bodily: utfury" trr property damage" for w ich the rendoris obligated " to pay .damages tit reason of trio assumpt,ot of hability iri o ;co_rltra t pragreernent: This exclusion ;dries hot applly tg liability trot' 'iiali,%670, ' ? that ttie, vendoc-woutd 0ave1n the absence" of'fhe'coritractdr agreement= (b) Any express warraritjr • unauttforiaed by your (c) Any phys:i'cat or :cherrricai change in the`- product .made intentionatiy by the_'uefrdor; ("d) Repackaging, unless, unpat d solely for the. puioose-of`inspection, denionstration, ,testing; or the substikiliori: of parts under, mstruc ions." r%rri -the manufacturer, and then repadkaged ui.'tfre original corttairser Form SS o0 08104.05 4B113114gs LIA$1Lt7Y MvERAGE F9.13N1 e) Arty -failure' `to rraake suefi strnefrts tests er is u s has agreed to' rhike or noht3ate�r )ar,enlci s o tke in thb --;cotfrse e.. business, in E©n4ed,on. watt the distiibuhon orsa(e of theproducts (f) pemonstration,. instatlat,on; • $ere eiog or repair operatiops. eXcepf sudf t e at't,tths periermed at (he vendors •pretrnses in confrection with Me °sate "of the product; (g� Prodoets, which, .after diM,ibrit"a,j o"r sate by you, Metre peen labeled or (retabefett ror used_ :is a container, part .or ingredient"of tny otjter thing or-subsfat ce iy or for the vendor, or' (t) "Boitity *qt. or prope[ty, damage" arising out :of the tote negligence of=the- vendor "fur Its own acts or (initssions or f hose: of its employees or a iygne ets.e acing on its biettal(_ I o vever;.this exclusion does rrol appir tit: (i) The exceponsQM�rrred .in Bubpar g.1hs Wd1 br k* (,i) :slid ufs ror s. adjustments Pests or servicing, as the. tiendor tom: agreed to n aK@ Pr-, " m Iiy "u erf B1.es to rrt'akiloAbe usuairout a t�i bu' mess_ . cpri iiection Frith tfie .di tiib"fitton or sate of •tEIe" producfs f2) a Th►s rn$Orar dogs not appty to any insured person or drga1t0141i' front wtlr#m you have deeyired. such product_ingredient; (tart r r -container; <erl enng • into, 'gocgmpanying:Pt cgrnfainirig" such . prgduds: 8. Additional insured Cbtitroilrng Interest V1i-IO is AN IN' t1REB tinder $_g. ion amended' 10 incluite os tin additignal insured the personts) or organizations) shown irt' he. Doclaratorts ;as; an Additioifal ,insured Gontrotltg lntetsi but ;onky wiith respect to their lisbitity a using out of a. `Chen financial control,dyed; or b Preri ices they own, maintain for control tvt ile yogi Iea'se efebbupy these premises. Page 19 of:24 /g From: Danny Fulkerson To: 16193364327 BUSINESS LIABILITY -COVERAGE FORM Page: 6/7 Date: 1/27/2010 9:44:13 AM This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 9. Additional Insured — Owners., Lessees Or Contractors — Scheduled Person Or Organization a. WHO iS AN INSURED under Section C. is amended to include as an additional insured the person(e) or organization(s) Shown in the Declarations as an Additional Insured -- Owner, Lessees Or Contractors, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole Or- in part, by your acts or omissions or the ads or omissions of those acting on your behalf: (1) hi the. performance of your ongoing operations for the additional insured(s); or (2) In connection with "your work" performee for that additional insured and included within the "products - completed operations hazard but only if this Coverage Pad provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard' b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to "bodily injury", "property darnage" or "personal an advorflsing injnry" arising dui of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders; change orders, designs or drawings and specifications; or (2) Supervisrory, inspection, architectural or engineering activities. 10. Additional Insured — Co -Owner Of Insured Premises WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or Organization(s) shown in the Declarations as an. Additional Insured — -iro- Owner Of Insured .Premises, but only with respect to their liability -as co-owner of the premises shown in the Declarations. The limits of insurance that apply to additional insureds are described in Section D. — Limits Of Insurance. How this insurance applies When other insurance is available to -an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products Or services through: Radio; Television; Billboard; Magazine; Newspaper, b, The interet, but only that part _.oi a web site that is. about goods, products or services for the purposes of inducing the sales of goods, products or services; or c. Any other publication that is given widespread public distribution. However, "advertisement" does notinclude: a. The design, printod material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversationbetween of among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisernenr, 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes. the mere presence of asbestos in any form. 4. "Auto" means a land motor Vehicle, hailer or semi -trailer designed for travel on public roads. Including, any attached machinery or equipment. But "auto" does nol include "mobile equipment". 5. "Bodily injury" means. physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising rout of the above, mental anguish or death at anytime. 6. "Coverage territory" means: Page 20 of 24 Form SS 00.08 04 05 City of National City, California COUNCIL AGENDA STATEMENT 21 EETING DATE February 2, 2010 AGENDA ITEM NO. -- ITEM TITLE Update on the Request for Qualifications for Financial Advisory Services Jeanette Ladri PREPARED BY Finance Direc EXPLANATION On November 19, 2009, staff requested to open bids for Requests for Qualifications (RFQ) for Financial Advisory Services to assist in both the City of National City and the Community Development Commission of the City of National City. On January 4, 2010, staff released a RFQ to approximately 15 Financial Advisory firms with a submittal deadline of January 28, 2010. At this time, staff has tentatively scheduled interviews on February 8, 2010 and would like to select and recommend a FA by the March 2, 2010 council meeting. The selection committee for the FA will consist of the Finance Director, the Community Development Executive Director (or an individual appointed by the director) and a Council Member (if desired). It is anticipated that the FA would also serve on the committee to be established for the Financial Accountability Report of Proposition D. DEPARTMENT Finance x 4331 Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION If desired, appoint a member of the City Council to participate in the selection of a firm to provide Financial Advisory services for the City of National City and the Community Development Commission. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Request for Qualifications for Financial Advisory Services A-200 (9/80) REQUEST FOR QUALIFICATIONS FOR FINANCIAL ADVISORY SERVICES CALIF°.RN1; N&fl IlvcoRp UAT-0D f City Of National City and The Community Development Commission 1243 National City National City, CA 91950 619-336-4330 Distribution/Advertisement: January 4, 2010 Submittal Deadline: 6:00 p.m., January 28, 2010 City of National City and the Community Development Commission Request for Qualifications January 4, 2010 1. BACKGROUND The City of National City National City, San Diego County's second oldest city, is located in San Diego County, California_ It is bordered by the City of San Diego on the north and east and the City of Chula Vista on the south, and is a ten-minute drive from either downtown San Diego or the Mexican border. The estimated population for 2009 is 56,522. The National City Marine Terminal, part of the Unified Port of San Diego, is the most advanced vehicle import and export facility on the West Coast, processing more than 270,000 vehicles annually. Lumber is also imported from the Pacific Northwest for construction use throughout the region. National City's port area extends three miles along San Diego Bay and is part of the largest U.S. Navy installation on the West Coast. The City is currently responsible for debt service on outstanding long-term debt. Current long-term debt includes: Bond Issue Original Par Amount Purpose 2003 General Obligation Bonds 6,000,000 Funding for new public library The Community Development Commission (CDC) The Commission was established pursuant to California Redevelopment Law and was activated as a redevelopment agency by the City Council of the City on April 11, 1967, and was reconstituted as a community development commission by Ordinance No. 1484 of the City adopted on October 14, 1975. The following comprise the seven separate component sub -areas. Project Area Base Year Christman 1 South Bay Center City Christman 2 Downtown Original Downtown 1985 Amendment Harbor District 1969-1970 1974-1975 1975-1976 1977-1978 1981-1982 1984-1985 1994-1995 RFQ for Financial Services Page 2 of 19 City of National City and the Community Development Commission Request for Qualifications January 4, 2010 The following are bonds that the CDC has previously issued: Bond Issue Original Par Amount Purpose 1999 Tax Allocation Bonds 5,050,000 Q Avenue Redevelopment Project 2004 Tax Allocation Bonds 5,860,000 Construction of Fire Station, library and arts center 2005 Series A Tax Allocation Bonds 27,940,000 Refunding of the 2001 Series A Tax Allocation Bonds 2005 Series B Tax Allocation Bonds 9,840,000 Refunding of the 2001 Series A Tax Allocation Bonds 1.1. Purpose of Invitation The City of National City and the Community Development Commission are requesting the qualifications of Financial Advisor firms interested in assisting with general financial advisory services related to it's respective priorities in addressing infrastructure and financial planning and municipal and redevelopment financing. Submittals, requests for information, or questions relative to this Request for Qualifications should be addressed to: Jeanette Ladrido, CPA Director of Finance City of National City 1243 National City Blvd. National City, CA 91950 619-336-4331 fax (619) 336-4349 jladrido@nationalcityca.gov 1.2 Submittal Deadline Qualifications will be accepted until 6:00 p.m. January 28, 2010. The submittal must include one original and five copies. 1.3 Contract Length It is anticipated that City will contract for the services presented herein soon after approval and execution of a contract by the City Council. the contract will cover a (1) year period with options to renew under the same terms and conditions. The City may, at its option and with the approval of the respondent, extend the period of this agreement up to a maximum of three (3) one-year options, provided the scope of the engagement does not change. Termination of the Agreement by the City can occur at any time during the Agreement period and at the City's discretion. RFQ for Financial Services Page 3 of 19 City of National City and the Community Development Commission Request for Qualifications January 4, 2010 1.4 Scope of Services The City and the Community Development Commission (CDC) are each seeking an experienced financial advisor firm to perform services as required by the City and/or CDC in a professional and timely manner. Services may include, but are not limited to, the following areas: • Financial Planning and Debt Management. 1) Assist and advise with the implementation of long-range financial plans for the City and/or CDC. Development of the plans may include: a) Establishing policies and procedures; b) Identifying and evaluating objectives; c) Reviewing and analyzing cost effective alternatives for financing the City and/or CDC's operating and capital requirements; and d) Estimating revenue and financing requirements. 2) Assist and advise the City and/or CDC in managing short and long term debt programs. • Capital Budget Programming 1) Assist and advise the City and/or CDC with the implementation of multi -year capital budgets. Development of the budgets may include: a) Establishing policies and procedures; b) Review of current and potential future revenue sources and determination of funding capacities; c) Identification of pending capital improvement expenditures; d) Identification of funding options, including "pay-as-you-go" alternatives, cash, grants and the appropriate use of debt; e) Projection of operating and maintenance costs related to proposed capital projects; and f) Examination of related fiscal and credit rating impacts. • Debt Issue Development and Oversight. 1) Planning & Development a) Analyze alternatives for structuring the proposed financing and establishing the terms of the sale to strengthen marketability. b) Recommend the best method of sale, competitive or negotiated, considering current economic and market conditions and the character of the financing. c) Consult with rating agencies on the proposed financing and assist the City and/or CDC in obtaining the most favorable rating possible. d) Coordinate the work and act as a liaison with bond counsel and other professionals. 2) Marketing e) Advise on the appropriate terms and conditions of a bond sale. f) Advise on the timing of a bond sale. RFQ for Financial Services Page 4 of 19 City of National City and the Community Development Commission Request for Qualifications January 4, 2010 g) Assist in preparing the City and/or CDC's Official Statements and coordinating review with the City and/or CDC and Bond Counsel. h) Advise the City and/or CDC on full disclosure requirements and conformance to suggested guidelines. i) Assist in publicizing the bond sale to develop regional public and institutional interest. j) Advise on the most appropriate formats for bidding. 2.0 SUBMITTAL REQUIREMENTS The respondent shall follow the format specified below. Each section should be tabbed and labeled in the order shown below. 2.1 Title Page This section shall include the subject, name of the firm, local address, telephone number, name and title and email address of the primary contact person and date of submission. 2.2 Table of Contents This section shall include a clear and complete identification of the materials submitted by section and page number. 2.3 Cover Letter The cover letter shall include a general introduction of the firm and a summary of the firm's understanding of the proposal; a commitment to perform the services; name, title, address, telephone and fax numbers, and e-mail address of the principal contact 2.4 Project -Related Experience This section shall include examples of respondent's experience related to the Scope of Services. This section should also describe respondent's experience in the following areas: • Demonstrate your experience working with communities that have comparable characteristics to the City of National City and/or Community Development Commission. • Outline your firm's experience in providing financial planning, policy development and debt management services. • Summarize your firm's Municipal and Redevelopment Financings. • Outline your firm's experience in providing capital budget programming services. • Outline your firm's experience in providing debt issue development services. • Explain any other relevant qualifications including experience providing management services such as analysis of service delivery systems, revenue diversification and cost recovery studies, infrastructure investment and debt RFQ for Financial Services Page 5 of 19 City of National City and the Community Development Commission Request for Qualifications January 4, 2010 management studies, financial analysis, development project experience and other case -by -case special projects. 2.5 Project Personnel This section shall include a brief resume for each staff proposed to work with the City and/or CDC. 2.6 Insurance Respondent shall be required to comply with all the insurance requirements required under the contract, a sample of which is attached hereto. 2.7 Schedule of Rates Respondent shall include a "Schedule of Rates" in a sealed envelope, including rates for all of the personnel that may provide services under this contract. 2.8 References The listing of other clients represented is critical and contact information should be provided for reference checks. Please provide at least three references that include each reference's name, address, and telephone number. In addition, provide a list the municipalities your firm provided similar services for within the past five (5) years. 3.0 SELECTION PROCESS AND EVALUATION CRITERIA 3.1 Selection Criteria The responses will be evaluated based upon the following: • Understanding of the City and/or CDC and their respective objectives; • Quality, clarity and responsiveness to the RFQ; • Firm's experience in California with Redevelopment Agency project financing; • Firm's experience with financial planning, policy development, and innovative financing techniques; • Professional qualifications of individuals assigned to the engagement; • Specific experience and references for assigned staff; and, • Availability and responsiveness of assigned staff. 3.2 Submittal Selection Process A selection committee will review the submittals and "short-list" the most qualified respondents. This committee may then choose to interview selected respondents. The proposed staff from the firm must attend. Thereafter, a recommendation will be made for a final decision. RFQ for Financial Services Page 6 of 19 City of National City and the Community Development Commission Request for Qualifications January 4, 2010 3.3 Submittal Schedule Distribution/Advertisement Deadline for response Interviews Selection and Recommendation City Council Approval January 4, 2010 January 28, 2010 February 8, 2010 February 11, 2010 March 2, 2010 3.4 Professional Services Agreement Any firm(s) selected shall be required to enter into a Professional Services Agreement for this project with the City and/or the CDC, a sample of which is attached hereto. Any contracts resulting from this RFQ shall not be effective unless, and until, approved by the City and/or the CDC, which may require City Council and/or CDC approval. Upon approval, the contract shall start within 1 day after the award of the contract. Before the City and/or the CDC executes a contract, the selected firm(s) shall furnish certificates evidencing insurance, as required by the City and/or CDC. The City and/or CDC shall be named as additional insured. Certificates of Insurance must be accompanied by the applicable endorsements for the specific insurance policy. 4.0 DECLARATIONS AND ADDITIONAL INFORMATION 4.1 The City of National City and Community Development Commission Rights Regarding this Invitation The City and the CDC each reserve the right to reject all submittals for any reason without indicating reasons for said rejection. Neither the City nor the CDC accept any financial responsibility for any costs incurred by respondent. Issuance of this Request for Qualifications does not commit the City or the CDC to award a contract, to pay any costs incurred in the preparation of a response to this request, or to procure a contract for services. The City and the CDC each reserve the right to waive any irregularities or informalities in the proposal or proposal process. The City and the CDC each retain the right to reject all submittals. Selection is also dependent upon the negotiation of a mutually acceptable contract with the successful respondent(s). 4.2 Acknowledgement of Amendments Each firm receiving a copy of this shall acknowledge receipt of any amendment to this Request for Qualifications by signing and returning the amendment with the completed proposal. The acknowledgment must be received by the City of National City at the time and place specified for receipt of qualifications. RFQ for Financial Services Page 7 of 19 City of National City and the Community Development Commission Request for Qualifications January 4, 2010 4.3 Right to Cancel The City and the CDC each reserve the right to withdraw or cancel, for any or no reason, at any time, in part or in its entirety, this RFQ, including but not limited to: selection schedule, submittal date, and submittal requirements. 4.4 Variations in Scope of Work The City and/or the CDC may materially change the scope of services by way of amendment to this RFQ, signed by the City Clerk. The City and/or the CDC may waive the written requirement for a variation in the scope of services if, in the opinion of the City or the CDC, such variation does not materially change the item or its performance within parameters acceptable to the City or the CDC. 4.6 Applicable Laws The contracts awarded shall be governed in all respect by the laws of the State of California, and any litigation related to the contract or this RFQ shall be brought in the State of California, with a venue of the San Diego Superior Courts. The firm(s) awarded the contracts shall comply with all applicable Federal, State, and local laws and regulations. 4.7 Public Information All documents received by the City and the CDC are considered public records and will be made available after the RFQ selection for public inspection and copying upon request. 4.8 Compensation The respondent agrees, if selected, that compensation shall remain firm and fixed throughout the terms of the contracts. 4.9 Independent Contractor Status The respondent agrees, if selected, that he or she shall perform the services as independent contractor(s) and not employee(s) of the City of National City or the Community Development Commission. Neither the City nor the CDC shall be considered the employer of respondent. The respondent understands, if selected, the respondent shall have the sole responsibility for deciding the manner and means of providing the services, except as outlined in the final contract and its attachments or exhibits. 4.10 Indemnification RFQ for Financial Services Page 8 of 19 City of National City and the Community Development Commission Request for Qualifications January 4, 2010 The respondent agrees, if selected, to indemnify and hold harmless the City of National City and the CDC and all their respective officers and employees from any and all liability, claims, costs, including reasonable attorney's fees, demands, damages, expenses, and causes of action as outlined in the contract. 4.11 Examination of Solicitation The respondent understands that the information provided herein is intended solely to assist the respondent in submittal preparation. To the best of the City's and CDC's knowledge, the information provided is accurate. However, neither the City nor the CDC warrant such accuracy, and any errors or omissions subsequently determined will not be construed as a basis for invalidating this solicitation. Further, by submitting a response to this solicitation, the respondent represents that he or she has thoroughly examined and become familiar with work required in the solicitation and is capable of performing quality work and to achieve the objectives of the City of National City and/or the CDC. 5.0 APPENDICES Appendix A Sample Contract RFQ for Financial Services Page 9 of 19 APPENDIX A PROFESSIONAL SERVICES AGREEMENT GENERAL PROVISIONS 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR, and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the Project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Jeanette Ladrido, Finance Director, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Jason Al -Imam, Manger, thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the City Manger. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. RFQ for Financial Services Page 10 of 19 The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONTRACTOR and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 6. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY, and CONTRACTOR thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONTRACTOR'S written work product for the CITY's purposes, and the RFQ for Financial Services Page 11 of 19 CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or SUBCONTRACTORS, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its SUBCONTRACTOR(S) shall require the SUBCONTRACTOR(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees, except as herein set forth, and the CONTRACTOR or the CONTRACTOR'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONTRACTOR its agents, servants, and employees are as to the CITY wholly independent CONTRACTOR, and that the CONTRACTOR'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR and each of its SUBCONTRACTOR(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. RFQ for Financial Services Page 12 of 19 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a mariner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR'S professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any RFQ for Financial Services Page 13 of 19 part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation_ CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONTRACTOR(S), when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of RFQ for Financial Services Page 14 of 19 $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and 4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONTRACTOR has no employees subject to the California Workers' Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agree- ment. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. RFQ for Financial Services Page l5of19 For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. RFQ for Financial Services Page 16 of 19 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: To CONTRACTOR: Jeanette Ladrido, CPA Finance Director Finance Department City of National City 1243 National City Boulevard National City, CA 91950-4301 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. RFQ for Financial Services Page 17 of 19 ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's RFQ for Financial Services Page 18 of 19 counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney (Delete line & Insert Co's Name — in bold) (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) By: By: RFQ for Financial Services Page 19 of 19 ITEM #22 2/2/10 CLOSED SESSION REPORT (CITY ATTORNEY)